Transport Infrastructure Act 1994

This Act may be cited as the Transport Infrastructure Act 1994.

The overall objective of this Act is, consistent with the objectives of the Transport Planning and Coordination Act 1994, to provide a regime that allows for and encourages effective integrated planning and efficient management of a system of transport infrastructure.

In particular, the objectives of this Act are—

to allow the Government to have a strategic overview of the provision and operation of all transport infrastructure; and

for roads—to establish a regime under which—

a system of roads of national and State significance can be effectively planned and efficiently managed; and

influence can be exercised over the total road network in a way that contributes to overall transport efficiency; and

account is taken of the need to provide adequate levels of safety, and community access to the road network; and

impacts on development from environmental emissions generated by State-controlled roads are addressed by the development; and

for miscellaneous transport infrastructure—to establish a regime for the effective planning and efficient management of the infrastructure; and

for rail—to establish a regime that—

contributes to overall transport effectiveness and efficiency; and

provides for the safety of railways and persons at, on or near railways; and

contributes to lower transport costs by allowing the maximum flexibility in rail transport operations consistent with achieving safety objectives; and

allows railway managers and operators to make decisions on a commercial basis; and

for ports—to establish a regime under which a ports system is provided and can be managed within an overall strategic framework; and

for air—to promote basic access to air services, and regional development, by making provision about air transport infrastructure; and

for public marine transport—to establish a regime under which—

public marine facilities are effectively and efficiently managed; and

the use of waterways for transport purposes is effectively and efficiently managed; and

for busways—to establish a regime that provides for—

flexibility in the choice between private and public construction and management; and

land tenure arrangements allowing private management to be established on a sound financial basis; and

safely constructed, managed and operated infrastructure; and

for busways and light rail—to establish a regime for each that—

contributes to overall transport effectiveness and efficiency; and

is responsive to community needs; and

offers an appealing alternative to private transport in a way that takes into account overall environmental, economic and social influences of transport; and

addresses the challenges of future growth; and

provides busway and light rail transport infrastructure and passenger services at a reasonable cost to the community and government; and

results in minimal interference with access to and from the road network; and

encourages the facilitation and use of public transport; and

gives priority to public transport over private vehicles; and

contributes to lower transport costs by allowing the maximum flexibility in busway and light rail transport operations consistent with achieving safety objectives; and

allows managers and operators of busways and light rail to make decisions on a commercial basis; and

for light rail—to establish a regime that provides for—

flexibility in the choice between private and public construction and management; and

land tenure arrangements allowing private management to be established on a sound financial basis; and

the safety of light rail, light rail land, light rail transport infrastructure and persons at, on or near light rail, light rail land or light rail transport infrastructure; and

the construction, management and operation of light rail transport infrastructure under a light rail franchise agreement.

A dictionary in schedule 6 defines particular words used in this Act.

Definitions found elsewhere in the Act are signposted in the dictionary.

A note in the text of this Act is part of the Act.

The powers and discretions conferred by this Act may be exercised in accordance with an agreement or arrangement between the State and the Commonwealth about the funding of transport infrastructure.

The chief executive must, from time to time, develop for the Minister’s approval transport infrastructure strategies that are designed to give effect to the coordination plan in relation to transport infrastructure in accordance with the objectives of this Act.

In developing transport infrastructure strategies, the chief executive must take reasonable steps to engage in public consultation.

The Minister may, at any time, direct the chief executive to prepare new transport infrastructure strategies for the Minister’s approval or to amend transport infrastructure strategies in the way the Minister directs.

The Minister may approve transport infrastructure strategies that are submitted for approval or require the chief executive to amend the strategies in the way the Minister directs.

Transport infrastructure strategies must include—

a statement of the specific objectives sought to be achieved; and

proposals for the provision of transport infrastructure; and

investment criteria for deciding priorities for government supported transport infrastructure between and within the different transport modes and options for financing the priorities; and

criteria for deciding which roads should be controlled by the chief executive as State-controlled roads; and

appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategies have been achieved.

Transport infrastructure strategies must aim to provide an adequate framework for coordinating and integrating the provision of transport infrastructure as between the different transport modes.

Transport infrastructure strategies must take account of agreements or arrangements between the State and the Commonwealth about the funding of transport infrastructure.

If there is an integrated regional transport plan under the Transport Planning and Coordination Act 1994 for an area, the transport infrastructure strategies for the area must not be inconsistent with, and must give effect to, the plan.

The Minister must cause transport infrastructure strategies, and each amendment of transport infrastructure strategies, approved by the Minister to be tabled in the Legislative Assembly.

In giving effect to the objective of this Act, this chapter is intended to ensure value for money for resources applied to the construction, maintenance and operation of transport infrastructure.

The chief executive must ensure that—

the construction, maintenance and operation of all government supported transport infrastructure for which the chief executive is responsible is carried out in a way that, within the objective of this chapter—

takes into account best practice and national benchmarks; and

promotes the safe transport of persons and goods; and

reduces adverse environmental impacts; and

encourages efficient and competitive behaviour in the construction and maintenance of transport infrastructure; and

the construction, maintenance and operation of all government supported transport infrastructure for which the chief executive is responsible is carried out in accordance with standards—

published by the chief executive; and

designed, within overall transport objectives, to achieve efficiency, affordable quality and cost effectiveness; and

contracts that are let for the construction, maintenance or operation of transport infrastructure are designed in a way that encourages efficient performance by the contractor.

For section 9(a)(iii), it is recognised that, although the operation or use of transport infrastructure may have significantly adverse environmental impacts, the operation and use are necessary for the community’s environmental, social and economic wellbeing.

However, it is intended that, within the objective of this chapter, any significantly adverse environmental impacts resulting from the operation or use of transport infrastructure be progressively reduced to the extent that it is practicable to do so.

Each annual report of the department must include a report on the way in which effect has been given to section 9 during the year to which the report relates.