Section 239AE — Transport Infrastructure Act 1994 (Queensland) — Barrister AI

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Section 239AE — Transport Infrastructure Act 1994 (Queensland) — Barrister AI

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s 1Short title s 2Objectives of this Act s 3Definitions—the dictionary s 3ANotes in text s 4State/Commonwealth agreements or arrangements s 5Development of transport infrastructure strategies s 6Contents of transport infrastructure strategies s 7Tabling of transport infrastructure strategies s 8Objective of chapter s 9Obligations about government supported transport infrastructure s 9ABeneficial assets s 10Report on giving effect to s 9 s 11Development of roads implementation programs s 12Consistency with transport infrastructure strategies s 13Report on operation of roads implementation programs s 14Development of programs s 15Consistency with transport infrastructure strategies s 16Report on implementation of programs s 17Development of implementation programs for miscellaneous transport infrastructure s 18Consistency with transport infrastructure strategies s 19Report on operation of implementation programs for miscellaneous transport infrastructure s 20Matters transport government entities must take into account s 21Air transport infrastructure funding programs s 22Report on implementation of program s 23Scope of chapter s 24Declaration of State-controlled roads s 25Consultation before declaration s 26State-controlled roads on rail corridor land s 27Declaration of motorways s 28Chief executive to have power of a local government for State-controlled roads s 29Powers of chief executive for road works contracts etc.s 30Obligations in carrying out of works or operation of roads by the chief executive s 31Contracts to encourage efficiency s 32Cost sharing arrangements s 33Prohibition on road works etc. on State-controlled roads s 34Offender to pay cost of remedying unauthorised works s 35Temporary occupation and use of land s 36Notice of entry or permission to enter s 37Compensation for physical damage from entry etc.s 38Fencing State-controlled roads s 39Watercourses and road works s 40Funds for works on, or operation of, local government roads etc.s 41Improvement of State-controlled road as an economic alternative to improvement of the local road network s 42Impact of certain local government decisions on State-controlled roads s 43Distraction of traffic on motorways s 44Effect of decisions of Planning and Environment Court s 45Management of particular functions on State-controlled roads by local governments s 46Temporary restrictions on use of State-controlled roads s 47Removal of materials etc.s 48Recovery of cost of damage s 49Assessment of impacts on State-controlled roads from certain activities s 49AImpact of particular development and State-controlled roads s 50Ancillary works and encroachments s 51Presumptions about advertising notices s 52Alteration etc. of ancillary works and encroachments s 53Definitions s 54Limited access roads s 55Local government to be consulted on proposed declaration or policy s 56Information in s 54 gazette notice about a declaration s 57Information in s 54 gazette notice about new or replacement policy s 58Amendment of policy for a limited access road in limited circumstances s 59Gazette notices must show location of limited access road s 60Advertisement of gazette notice s 61Offence for limited access roads s 62Management of access between individual properties and State-controlled roads s 62AParticular applications taken to be application for decision under s 62(1)s 63Request for information s 64Decision under s 62(1) may impose construction or financial obligation s 65Limitation on new decisions under s 62(1)s 66Road access works within State-controlled road s 67Notice of decision under s 62(1)s 67ARequest for copy of decision made under s 62(1)s 68Other persons may, by notice, also become bound by a decision under s 62(1)s 69Direction to owner or occupier to apply for permitted road access location s 70Offences about road access locations and road access works, relating to decisions under s 62(1)s 71Chief executive may take steps to prevent or deal with contravention s 72Chief executive may supply or contribute to new access arrangements s 73Compensation s 74Cases where compensation not payable s 75Conditions in particular development approvals s 76Roadside facilities s 77Application of div 3 s 78Location s 79Chief executive’s requirements for public utility plant s 80Specification of chief executive’s requirements about public utility plant s 81Information by owner of public utility plant to chief executive s 82Liability for damage or expenses s 83Chief executive and owner of public utility plant may share costs s 84Objectives of part s 84ADeclaration of land as State toll road corridor land s 84BState toll road corridor land on rail corridor land s 84CEffect on land of State toll road corridor land declaration s 84CAEffect of additional State toll road corridor land declaration on leases s 84CBEffect of State toll road corridor land declaration on State-controlled road declaration s 84DCompensation s 85Power to enter into road franchise agreements s 85AFranchised road on rail corridor land s 85BApplication of Queensland Heritage Act 1992 for development for a franchised road s 86Tabling of road franchise agreements s 87Report on operation of part s 88Recovery of money s 89Rateability of land s 90Application of other provisions of this chapter s 91Guarantees and undertakings s 92Definitions for pt 7 s 93Tolls s 93AA s 93AApplication of Queensland Heritage Act 1992 for development for a toll road s 94Liability for toll and user administration charge and satisfying the liability s 95Using the E toll system s 96Application of div 3 s 97Definitions for div 3 s 98Liability for image processing fee and administration charge in addition to unpaid toll s 99Notice to vehicle’s registered operator s 99AASingle notice under ss 99 and 105ZH s 99ACorporation may be taken to be driver of vehicle s 100Notice to information holder s 101Notice to person identified as driver s 101ASingle notice under ss 101 and 105ZK s 102Statutory declarations for div 3 s 103Limit on offences s 104Confidentiality s 105Evidence and procedure s 105AObjectives of pt 8 s 105BDefinitions for pt 8 s 105CApproval of tollway project s 105D s 105EMinister may amend approval s 105FWhen approval has effect s 105GRequest for declaration s 105GADeclaration s 105GBAmendment etc. of declaration or conditions at request of local government s 105GCCompliance notice s 105GDFailure to comply with compliance notice if no local government tollway franchise agreement s 105GEEffect of revocation notice or suspension notice s 105GFFailure to comply with compliance notice for schedule 5 condition s 105GGFailure to comply with compliance notice for schedule 5A condition s 105GHDecision by Minister in relation to notice s 105GIAppeal against decision s 105HDeclaration of land as local government tollway corridor land s 105ILocal government tollway corridor land on rail corridor land s 105JEffect on land of local government tollway corridor land declaration s 105JAAEffect of additional local government tollway corridor land declaration on leases s 105JABEffect of local government tollway corridor land declaration on State-controlled road declaration s 105JACompensation s 105KRelationship with other Acts s 105LDefinition for div 4 s 105MRetention of ownership of public utility plant s 105NPublic utility plant on local government tollway corridor land s 105OLocal government must give public utility provider information s 105PPublic utility provider to consult with local government before replacing public utility plant s 105QPublic utility provider to comply with local government’s or chief executive officer’s agreement s 105RLocal government may require public utility provider to change position of public utility plant s 105SInformation by public utility provider to local government s 105TLiability for damage caused by failure to comply with request for information s 105ULiability for damage caused by failure to give enough detail about location of public utility plant s 105VLiability for damage caused because of failure to comply with local government’s requirements s 105WLiability of public utility provider to pay additional expenses incurred by local government s 105XReplacement or reconstruction of public utility plant s 105YPower to enter into tollway franchise agreements s 105ZTabling of local government tollway franchise agreements s 105ZAAnnual report on operation of part s 105ZBLocal government to give notice of tolling matters s 105ZCLiability for toll and user administration charge and satisfying the liability s 105ZDUsing the E toll system s 105ZEApplication of sdiv 3 s 105ZFDefinitions for sdiv 3 s 105ZGLiability for image processing fee and administration charge in addition to unpaid toll s 105ZHNotice to vehicle’s registered operator s 105ZICorporation may be taken to be driver of vehicle s 105ZJNotice to information holder s 105ZKNotice to person identified as driver s 105ZLStatutory declarations for sdiv 3 s 105ZMLimit on offences s 105ZNConfidentiality s 105ZOEvidence and procedure s 105ZOALocal government to keep Minister informed s 105ZOBState not liable for loss relating to local government tollway etc.s 105ZPPublic thoroughfare easements s 105ZQApplications for particular decisions s 106Ways of achieving objectives s 107Scope of chapter s 108Purpose of pt 2 s 109Definitions for pt 2 s 109AChief executive may enter land to investigate potential rail corridor s 109B s 110How to apply for a rail feasibility investigator’s authority s 111Additional information for application s 112Granting authority s 113Rail feasibility investigator’s authority s 114What investigator must do before land is entered for the first time s 115Relevant person to issue associated person with identification s 116Pretending to be an investigator etc.s 117Relevant person to take care in acting under authority s 118Compensation payable by relevant person s 119 s 120 s 121 s 122 s 123 s 124 s 125 s 126 s 126H s 126O s 127 s 128 s 129 s 130 s 131 s 131A s 132 s 133 s 134 s 135 s 136 s 137 s 138 s 139 s 140 s 141 s 142 s 143 s 144 s 145 s 146 s 147 s 148 s 149 s 150 s 151 s 152 s 153 s 154 s 155 s 156 s 157 s 158 s 159 s 160 s 161 s 162Application of div 1 s 163Entering land for railway works etc.s 164Entry to land by notice or with approval s 165Care to be taken in carrying out works etc.s 166Compensation for carrying out works etc.s 167Watercourses s 168Power to require works to stop s 169Closing railway crossings s 170 s 171 s 172 s 173 s 174 s 175 s 176 s 177 s 178 s 179 s 180 s 181 s 182 s 183 s 184 s 185 s 186 s 187 s 188 s 189 s 190 s 191 s 192 s 193 s 194 s 195 s 196 s 197 s 198 s 199 s 200 s 201 s 202 s 203 s 204 s 205 s 206 s 207 s 208 s 209 s 210 s 211 s 212 s 213 s 213A s 213B s 214 s 215 s 216 s 217 s 218 s 219 s 220 s 221 s 222 s 223 s 224 s 225 s 226 s 227 s 228 s 229 s 230 s 231 s 232 s 233 s 233A s 233B s 233C s 233D s 233E s 233F s 234 s 235 s 236 s 237 s 238 s 239 s 239AA s 239AB s 239AC s 239AD s 239AE s 239AF s 239AG s 239AHDefinitions for pt 7 s 239AIEffect of resumption of particular interests in land s 240Sublease of land to railway managers s 240AAACompensation for registered interests not continued s 240AAInterests in commercial corridor land continue after acquisition s 240ARegistered interests in rail corridor land s 240BUnregistered rights in rail corridor land s 240CLease of non-rail corridor land to railway manager s 240DLease of non-rail corridor land to local government or government entity s 240EAccess arrangements across proposed railway s 240FCancellation of right of access s 241Railway tunnel easements s 242What is future railway land s 243Status of railway land s 244Existing rail transport infrastructure on land s 244ADuplicated and replacement rail infrastructure on land s 245Existing buildings on land s 246 s 247Chief executive taken to be owner of rail corridor land and non-rail corridor land for particular circumstances under Planning Act s 248Rail government entity not common carrier s 249Railways on particular roads s 250Altering road levels s 251Maintaining roads crossing railways s 252No presumption of dedication of roads s 253Extending roads through or over rail corridor land or non-rail corridor land s 254Level crossings s 255Interfering with railway s 256Rectifying unauthorised interference s 257Trespassing on railway s 258Impact of particular development and railways s 258AImpact of change of management of local government road on railways s 258BGuidelines for ss 258–258A s 259Fencing new railways s 260Works for existing railways s 260A s 261 s 262Application of Land Act 1994 s 263 s 264 s 265Delayed passenger services s 266Priority for regularly scheduled passenger services in allocating train paths s 266AAllocation of preserved train paths s 266BCivil penalty for breach of train path obligation s 266CGiving of notice proposing imposition of penalty s 266DSubmission against proposed imposition of penalty s 266EGiving of penalty notice s 266FAppeal against imposition of penalty by penalty notice s 266GProceeding for civil penalty order s 266HConduct by directors, servants or agents of railway manager for provisions about civil penalty s 267Definitions for chapter s 267AAMeaning of port area s 267AMeaning of port facilities s 267AB s 267AC s 267AD s 268Establishment of new port authority s 269Port authority is excluded matter for Corporations Act s 270Abolition of port authority s 271Transfer of management of a port s 272Regulation may make transitional arrangements s 273Management of port by State or local government s 274Regulation may define port limits etc.s 274ARegulation may declare GOC Act entity to be port authority s 275Functions of port authorities s 276Port services function s 277Powers of port authorities or port lessor subject to Marine Safety Act s 278Powers of port authorities s 278AFunctions and powers of port authority that is a GOC not limited s 279Port authority may impose a charge s 279ARelevant entity may impose charges s 279BPort agreement s 280Liability for a charge in relation to a ship s 281 s 281ALiability for a charge in relation to goods s 281BLiability for a charge in relation to passengers s 281CPayment of a charge and interest on an unpaid charge s 281DLiability for movement of ships, vehicles, goods or rolling stock s 281ELiability for damage to port facilities s 281FSecurity for payment of charges and potential liabilities s 282Port authority or port lessor may control activities by port notice s 282AAPort lessor may give port notice requiring information s 282APort notice—movement or mooring of, or activities on or by, ships s 282B s 282CPort notice—movement, handling or storage of goods s 282DPort notice—movement of persons s 282EPort notice—parking or stopping of vehicles s 282FPort notice—movement, stopping or parking of rolling stock s 282GDisplay or publication of port notices s 282HPort notice may refer to documents held by port authority, port lessor or port lessor’s delegate s 282IPort notices generally s 282JOffence of not complying with a port notice s 282KAppointment and qualifications of authorised officers s 282LAppointment conditions and limit on powers s 282MIssue of identity card s 282NProduction or display of identity card s 282OWhen authorised officer ceases to hold office s 282PReturn of identity card s 282QAuthorised officer may give directions s 282RIf a person does not comply with a direction s 282SOffence of not complying with a direction s 282TMoving contravening property s 283Power to require name and address s 283AInspection of documents s 283BInspection of ships, vehicles, rolling stock and goods s 283CObstructing authorised officer s 283DFalse or misleading statement s 283EFalse or misleading document s 283FImpersonating an authorised officer s 283GConduct causing public nuisance s 283HInterfering with port notices s 283IDefinitions for pt 3C s 283JTreasurer may declare land to be Brisbane core port land or balance port land s 283KWhat is Brisbane core port land s 283LWhat is balance port land s 283MApplication of Planning Act s 283NBrisbane core port land not subject to local planning instrument s 283OBalance port land is not strategic port land s 283PAmendment of planning schemes s 283QNotice of first plan s 283RStatus of first plan s 283SContent of plan—mandatory requirements s 283TContent of plan—matters about development s 283URequirement to review plan s 283VAction port operator must take after review s 283WReport about review if decision is to take no action s 283XWhen plan must include priority infrastructure interface plan s 283YStatement of proposal for preparation or amendment of Brisbane port LUP s 283ZBrisbane port LUP may be amended to identify additional land s 283ZADraft plan for preparation or amendment of Brisbane port LUP s 283ZBConsultation on statement of proposal or draft plan s 283ZCConsideration of draft plan and submissions s 283ZDDirections for amendment of draft plan s 283ZEApproval of plans s 283ZFPort operator to publish approved plan s 283ZGRecovery of Ministers’ costs s 283ZHNotification about Brisbane port LUP s 283ZIRecording matters about Brisbane port LUP s 283ZJMinisterial direction to port operator s 283ZKEffect of land becoming Brisbane core port land s 283ZLEffect of land ceasing to be Brisbane core port land s 283ZMReconfiguring a lot s 283ZNPort prohibited development s 283ZOCode assessment under Brisbane port LUP s 283ZP s 283ZQ s 283ZR s 283ZS s 283ZT s 283ZU s 283ZVDevelopment on heritage places s 283ZW s 283ZX s 283ZY s 283ZZRestriction on conditions of development approvals s 283ZZAParticular provisions of Planning Act do not apply in relation to Brisbane core port land s 283ZZBModified application of Planning Act, s 265 s 283ZZCRestriction on designation of premises for development of infrastructure s 283ZZD s 283ZZERequirement to give notice of development approval and infrastructure agreement s 283ZZFDelegation of particular functions of planning chief executive s 283ZZGBrisbane port LUP does not affect existing development approval s 283ZZHPlanning scheme can not affect existing development approval s 283ZZIChanging status of land—effect on development approvals s 283ZZJParticular applications—Brisbane core port land s 283ZZKParticular applications—balance port land or former Brisbane core port land s 283ZZLDefinitions for div 6 s 283ZZMGrant of port land s 283ZZNLeases and licences under Land Act s 283ZZOAmendment of area of subleases of port land s 283ZZPDelegation by Minister s 283ZZQApplication of Land Act and registration s 284Definitions for div 1 s 285Land use plans s 285AStatement of proposal for preparation of a land use plan or amendment of a plan s 285BDraft plan for preparation of a land use plan or amendment of a plan s 285CConsultation on statement of proposal or draft plan s 285DDirections by Minister for amendment of draft plan s 286Approval of land use plans s 287Strategic port land not subject to local planning instrument s 287AImpact of particular development and port operations s 287BGuidelines for s 287A s 288Restrictions on dealing in property s 289Port marine operational area s 289AApplication of pt 4A s 289BDefinitions for pt 4A s 289CApplication for approval s 289DPort authority may grant approval, with or without conditions s 289EChange of conditions on an approval s 289FDecision by port authority in relation to approval s 289GInternal review of decisions s 289GAExternal review of decisions s 289HDefinitions for pt 4B s 289IReasonable steps must be taken to find owner s 289JA person may claim property s 289KIf property not claimed s 289LSale of perishable property s 289MProceeds from the sale of abandoned property s 289NAbandoned property of no value s 289OOwner of land for land tax purposes s 289POwner of land for rating purposes s 289QWhen port lessor, port lessee or port manager is not liable to pay royalties or similar charges s 289RDefinition for pt 4D s 289SWords have the same meaning as in the Water Supply Act s 289TPort operator is service provider s 289UEntry into service provider register s 289VSewerage infrastructure for Port of Brisbane s 289WNo effect on ownership s 289XPort land trade waste approvals s 289YDeclaration of port lessor and port lessees s 289ZDelegation by port lessor to port lessee or port manager s 289ZAAppointment of port manager s 289ZBLiability for acts of authorised officers and others, and related matters s 289ZCApplication of particular local laws to Brisbane core port land s 289ZDDelayed application of new local laws to Brisbane core port land s 289ZEPort lessor may substitute for port lessee s 290Protection from liability s 291Carrying on port activities outside port limits s 292Offences s 293 s 294Transitional provisions applying in relation to port authorities that are candidate GOCs s 295Notices at entrances s 296Ways of achieving busway objectives s 297Functions s 298Authority to enter or temporarily occupy or use land s 299When land may be entered, occupied or used s 300Compensation s 301Definition for pt 3 s 302Declaration of land as busway land s 303Effect on land of busway declaration s 303AAACompensation for registered interests not continued s 303AASublease of lease of busway land s 303ABLicence in relation to busway land or busway transport infrastructure s 303ACCompensation for licence granted under s 303AB s 303A s 303B s 303C s 304Development of busway and busway transport infrastructure s 305Altering road levels by a local government s 306Watercourses and busway transport infrastructure works s 307Permitted construction by local government of roads over or under busway land s 308Powers of chief executive for busway transport infrastructure works contracts etc.s 309Distraction of traffic on busway s 310No presumption of dedication of road s 311Interfering with busway transport infrastructure s 312Rectifying unauthorised interference or works s 313 s 314 s 315 s 316Definition for div 4 s 317Retention of ownership of public utility plant s 318Public utility plant on busway land s 319Chief executive must give provider information s 320Public utility provider to consult with chief executive before replacing public utility plant s 321Public utility provider to comply with chief executive’s agreement s 322Chief executive may require public utility provider to alter position of public utility plant s 323Information by public utility provider to chief executive s 324Liability for damage caused by failure to comply with request for information s 325Liability for damage caused by failure to give enough detail about location of public utility plant s 326Liability for damage caused because of failure to comply with chief executive’s requirements s 327Liability of public utility provider to pay additional expenses incurred by chief executive s 328Replacement or reconstruction of public utility plant s 329Trespass on busway or busway transport infrastructure s 330Definitions for div 6 s 331No entitlement to compensation for particular matters s 332Compensation for reduced market value of interest in land s 333Compensation of person in actual occupation for interference with enjoyment of land s 334Chief executive may supply or contribute to new access arrangements s 335Obtaining compensation s 335AAReference to busway in pt 4A s 335ABOnly accredited person can manage busway s 335ACApplication for accreditation s 335ADAdditional information for application s 335AEGiving accreditation s 335AFAnnual levy s 335AGAccreditation conditions s 335AHRequiring accreditation conditions to be complied with s 335AIAccreditation period s 335AJAmending accreditation conditions on application s 335AKAmending accreditation conditions without application s 335ALSuspending or cancelling accreditation s 335AMImmediate suspension of accreditation s 335ANLimited suspension of accreditation s 335AOSurrender of accreditation s 335APAccreditation for proposed busway s 335ADefinitions for pt 5 s 336Who may drive on a busway s 337Applying for authorisation as authorised busway user s 338Considering application for authorisation s 339Authorisation conditions s 340Requiring authorisation conditions to be complied with s 341Authorisation period s 342Amending authorisation conditions on application s 343Amending authorisation conditions without application s 344Suspending or cancelling authorisation s 345Immediate suspension of authorisation s 346Surrender of authorisation s 346A s 346B s 346C s 346D s 346E s 346F s 346G s 346H s 346I s 346J s 346K s 346L s 346M s 346N s 346O s 346P s 346Q s 346R s 346S s 346T s 346U s 346V s 346W s 346X s 346Y s 346Z s 346ZA s 346ZB s 346ZC s 347Ways of achieving light rail objectives s 348Functions s 349Authority to enter or temporarily occupy or use land s 350When land may be entered, occupied or used s 351Compensation s 352Definition for pt 3 s 353Declaration of land as light rail land s 354Effect on land of light rail declaration s 355Sublease of lease of light rail land s 355ALicence in relation to light rail land or infrastructure s 355BCompensation for licence granted under s 355A s 356Development of light rail and light rail transport infrastructure s 357Altering road levels by a local government s 358Permitted construction by local government of roads over or under light rail land s 359Designation of light rail land for use as road under local government control s 360Designation of light rail land for use as State-controlled road s 360APowers of chief executive for light rail transport infrastructure works contracts etc.s 361No presumption of dedication of road s 361ADefinition for div 2 s 362Interfering with light rail transport infrastructure or works s 363Rectifying unauthorised interference s 364Definitions for div 3 s 365Retention of ownership of public utility plant s 366Public utility plant on light rail land s 367Chief executive must give provider information s 368Public utility provider to consult with light rail authority before replacing public utility plant s 369Public utility provider to comply with light rail authority’s agreement s 370Chief executive may require public utility provider to alter position of public utility plant s 371Information by public utility provider to light rail authority s 372Liability for damage caused by failure to comply with request for information s 373Liability for damage caused by failure to give enough detail about location of public utility plant s 374Liability for damage caused because of failure to comply with light rail authority’s requirements s 375Liability of public utility provider to pay additional expenses incurred by light rail authority s 376Replacement or reconstruction of public utility plant s 377Trespass on light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site s 377AObjectives of division s 377BPower to enter into light rail franchise agreements s 377COperating public passenger service under agreement s 377DTabling of light rail franchise agreements s 377EReport on operation of division s 377FRecovery of money s 377GRateability of land s 377HGuarantees and undertakings s 377I s 377J s 377K s 377L s 377M s 377N s 377O s 377P s 377QSeverance of light rail transport infrastructure s 377RLimited compensation for easements etc. or damage relating to overhead wiring for a light rail s 378Definitions for div 5 s 379No entitlement to compensation for particular matters s 380Compensation for reduced market value of interest in land s 381Compensation of person in actual occupation for interference with enjoyment of land s 382Chief executive may supply or contribute to new access arrangements s 383Obtaining compensation s 384 s 385 s 386 s 387 s 388 s 389 s 390 s 391 s 392 s 393 s 394 s 395 s 396 s 397 s 398 s 399 s 400 s 401Purpose of ch 11 s 402Definitions for ch 11 s 403How to apply for investigator’s authority s 404Additional information about application s 405Giving investigator’s authority s 406Investigator’s authority s 407What investigator must do before land is entered for the first time s 408Investigator to issue associated person with identification s 409Pretending to be an investigator or associated person s 410Investigator to take care in acting under investigator’s authority s 411Rectification of damage by investigator s 412Compensation payable by investigator s 413Release of bond or security deposit s 414Use of bond or security deposit to repair or rectify s 415Definitions for ch 12 s 416Meaning of miscellaneous transport infrastructure s 417Definition for pt 2 s 418Minister may grant operational licence s 419Purpose and scope of div 3 s 420Approvals s 421Refusal to grant approval s 422Licensee may apply to Minister if approval not granted s 423Approval conditions s 424Notice of approval conditions s 425Notice of dispute s 426Appointment of arbitrator s 427Arbitrator’s functions s 428Arbitrator’s powers s 429Hearing procedures s 430Effect of arbitrator’s decisions s 431Miscellaneous transport infrastructure remains property of licensee s 432Compensation to responsible entity from licensee s 433Temporary use and occupation of land s 434Notice of entry or permission to enter s 435Compensation for physical damage from entry etc.s 436Chief executive may grant interests in land s 437Effect of chapter on other Acts s 438Definitions for ch 13 s 438ATreasurer to declare QR National by gazette notice s 438BMatters relating to relevant interests in shares s 438CProhibited shareholding interest s 438DPower to require information relating to entitlement to shares in QR National s 438ERemedial orders s 438FBusiness location obligations s 438GRequirements about appointment of directors s 438HRelated party access agreements s 439Purposes of ch 14 s 440Application of chapter s 441Ch 14 binds all persons s 441ADefinition for chapter s 442Regulations about dangerous goods s 443Exemptions s 444Grounds for amending, suspending or cancelling approval or exemption s 445What chief executive must do before taking proposed action, other than for class exemption s 446What chief executive must do before taking proposed action for class exemption s 447Decision on proposed action s 448Sections 445–447 do not apply to beneficial or clerical amendment s 449Immediate suspension in the public interest s 450 s 451Duties when transporting dangerous goods s 452Exclusion orders prohibiting involvement in the transport of dangerous goods by rail s 453Forfeiture if conviction relates to dangerous goods s 454Dealing with forfeited things etc.s 455Recovery of costs from convicted person s 456Recovery of costs of government action s 457Facilitation of proof s 457ADocument signed by chief executive is evidence of matters stated in it if no evidence to the contrary s 458Helping in accidents or emergencies s 458AApplication of Act to goods too dangerous to be transported s 458BConsignment of goods too dangerous to be transported prohibited s 458CRegulations s 459Appointment of manager of public marine facility s 460Manager’s responsibility for maintenance and injuries etc.s 461Management by chief executive s 461AManagement by Gold Coast Waterways Authority s 462Management by local government s 463Management by port authority s 464Management by another person s 465Exercise of manager’s powers to be consistent with conditions s 466Fees s 467When manager may resign s 468Removal of improvements added by manager s 469Regulation prevails over action taken by a manager under this part s 470Purpose of pt 2 s 471Meaning of waterway management regulation s 472Functions of authorised persons s 473 s 474 s 475 s 475AAuthorised persons s 475BAppointment conditions and limit on powers s 475CIssue of identity card to each authorised person s 475DProduction or display of identity card s 475EWhen authorised person ceases to hold office s 475FResignation s 475GReturn of identity card s 475HDefinitions for div 4 s 475IPower to enter places s 475JProcedure for entry with consent s 475KApplication for warrant s 475LIssue of warrant s 475MWarrants—procedure before entry s 475NGeneral powers after entering places s 475OPower to require reasonable help or information s 475PNotice of intention to remove watercraft s 475QRemoving illegally anchored or moored watercraft s 475RRemoval of hazardous watercraft s 475SGiving notice of removal of watercraft s 475TDealing with removed watercraft s 475UProceeds from the sale of removed watercraft s 475VForfeiture by authorised person s 475WDealing with forfeited sample or thing s 475XDirection to stop contravening regulation s 475YPower to require name and address s 475ZFalse or misleading statements s 475ZAFalse or misleading documents s 475ZBObstruction of authorised person s 475ZCImpersonating an authorised person s 475ZDNotice of damage s 475ZEProtection from liability s 475ZFPurpose of ch 15A s 475ZGDefinitions for ch 15A s 475ZHMeaning and scope of transport interface agreement s 475ZIDeclaration of transport interface management area s 475ZJParticular persons may enter into transport interface agreement s 475ZKFailure to enter into transport interface agreement s 475ZLDirection about arrangement that is to apply s 475ZMGuidelines about transport interfaces etc.s 476Amounts payable are debts owing to the State s 476AChief executive may give information to corresponding authority s 476BPower to require works to stop s 476CCompensation s 476DRegistration of notice about nature of works s 477Power to require information from local governments s 477APower to deal with particular land s 477AAChief executive taken to be owner of particular transport land for particular circumstances under Planning Act s 477BRecording of information for land in transport noise corridor s 477CConcurrent subleases for declared projects s 477DRent under Land Act 1994 leases for declared projects s 477ELicences under Land Act for declared projects s 477FWatercourse crossings s 477GChief executive may approve a compliance management plan s 477HChief executive may make a compliance management plan s 478Conduct of company directors, employees or agents s 479Approval of forms s 480Disposal of fees, penalties etc.s 481No need to prove appointments s 482Prosecutions for offences committed while travelling on a railway s 483Proceedings for offences s 484Attempts to commit offences s 485Internal review of decisions s 485AExternal review of decisions s 485BAppeals against decisions s 486Application of Judicial Review Act 1991 to transport government entity s 487Altering watercourse to adversely affect transport route s 488Altering materials etc.s 489Recovery of cost of damage s 490Regulations s 491 s 492Continuation of pt 5, div 2 of Port of Brisbane Authority Act 1976 s 493Expiries under this part s 494Application of division s 495Transport Infrastructure (Roads) Act 1991 references s 496Main Roads Act 1920 references s 497Commissioner of Main Roads references s 498Declared road references s 499Motorway references s 500Main Roads Fund references s 501Application of division s 502Railways Act 1914 references s 503Transport Infrastructure (Railways) Act 1991 references s 504Commissioner for railways references s 505Railways Department references s 506Queensland Railways references s 507Application of division s 508Harbours Act 1955 and Port of Brisbane Authority Act 1976 references s 509Harbour board references s 510Harbour references s 511Harbours Corporation and Harbours Trust references s 512Gold Coast Waterways Authority references s 513Continuing application of previous provisions to particular applications s 514Applications for approval of subdivisions, rezoning or development s 515Definitions for pt 2 s 516Transitional—access-limited roads s 517Transitional—previous decisions about access s 518Transitional—ancillary works and encroachments s 519Transitional—wharf or other harbour work s 520Application of part s 521Definitions for pt 3 s 522Inclusion of s 120 s 523Approved safety management system for person who is accredited at commencement s 524Certificate of accreditation given before commencement s 525Annual levy before commencement s 526Accreditation conditions s 527How to deal with application for amending accreditation conditions made before commencement s 528Actions to amend accreditation conditions without application or to suspend or cancel accreditation s 529Appeals s 530Declaration about s 521, definition previous s 531Statements about derailment s 532Definitions for pt 5 s 533Approvals s 534Proceedings s 535Land use plans s 536Detained property s 537 s 538Things done under re-enacted provision s 539Port authorities s 540Busway authorisation s 541Busway safety officers s 542Offences s 543Transitional provision for toll roads s 544Transitional provision for north-south bypass tunnel project s 545 s 546Transitional provision for toll roads s 547Declaration about particular subleases s 548Declaration about sch 4 easements s 549Exercise of power under s 241 s 550 s 551 s 552Application of s 247 s 553Application of s 258 to prescribed development applications s 554Application of s 287A to prescribed development applications s 555 s 556Existing applications for approval for road access works s 557Particular applications for approval for road access works s 558Effect of change in definition rail transport infrastructure on development applications s 559Definitions for ch 19 s 560Application of Judicial Review Act 1991 to member of QR Group during interim period s 561Member of QR Group as common carrier s 562Definitions for ch 20 s 563Alteration of port area of Port of Brisbane during interim period s 564References to port area of Port of Brisbane during interim period s 565References to port entity during interim period s 566References to relevant entity for charging during interim period s 567References to port authority for charging during interim period s 568Port notices of Port of Brisbane Corporation taken to be port notices of port lessor or delegate during transition period s 569Application of ch 8, pt 4D during interim period s 570When member of POBC Group not liable to pay royalties or similar charges s 571Authorised officers s 572Delegation s 573Abandoned property s 574Proceeds from the sale of abandoned property s 575 s 576Information to be provided about preserved train paths s 577 s 578Declaration and validation for watercourse crossings s 579Interfering with railway s 580Interface management s 581Internal review of approvals for interfering with railway s 582Recovery of chief executive’s costs for rail feasibility investigator’s authority s 583Definitions for part s 584Existing particular development applications s 585References to Brisbane port railway land s 586Definitions for part s 587Existing applications under former ss 33 and 62 s 588Existing requests for approval for ancillary works and encroachments s 589Existing approvals for ancillary works and encroachments Schedule 1 — Subject matter for regulations Schedule 3 — Reviews and appeals Schedule 4 — Railway tunnel easements Schedule 5 — Tolling matters for toll road or local government tollway Schedule 5A — Other matters for conditions for local government tollways Schedule 5B — Core port infrastructure, port related development and port prohibited development Schedule 6 — Dictionary

Section Whole Act

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s 239AE

In force

239AE

s 239AE ins 2004 No. 54 s 8

om 2010 No. 6 s 336

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