Transport Infrastructure Act 1994

The chief executive may, for the State, carry out or enter into contracts with other persons for the carrying out of—

busway transport infrastructure works on a busway or on land that is intended to become a busway; or

other works that contribute to the effectiveness and efficiency of the busway network; or

the operation of a busway.

The chief executive, for the State, may enter into contracts with other persons for busway transport infrastructure works to be carried out outside the State under an agreement between the State and the other State concerned.

A contract with a local government under this section may include arrangements about which powers of the local government are to be exercised by the chief executive, and which are to be exercised by the local government, for the busway.

A local government may enter into a contract mentioned in subsection (1) even though the contract relates to works or operation outside the local government’s area.

The chief executive, for the State, may carry out or enter into contracts for works on or adjacent to a busway at the request of the owner of adjacent land on the basis that the owner provides consideration, whether monetary or otherwise, as agreed between the chief executive and the owner.

This section does not prevent the chief executive carrying out, or entering into contracts for the carrying out, of busway transport infrastructure works of a minor or emergency nature.

In carrying out works or the operation of a busway, the chief executive must ensure that the carrying out is done on a value for money basis.

In entering into contracts under this section, the chief executive must ensure that open competition is encouraged.

Subsection (8) does not apply to a contract with a person if the person is the sole invitee and enters into a price performance contract with the chief executive.

The chief executive may arrange with another person for the sharing by the chief executive with the other person of the cost of—

acquisition of land for busway transport infrastructure; or

busway transport infrastructure works on a busway; or

other works that contribute to the effectiveness and efficiency of the busway network; or

the operation of a busway;