Chief executive may approve a compliance management plan
477G Chief executive may approve a compliance management plan
This section applies if, under a transport Act, the chief executive grants or enters into, or proposes to grant or enter into, an arrangement to establish, construct, maintain, manage or operate transport infrastructure with a relevant entity.
The chief executive may ask or give consent to the relevant entity to submit a compliance management plan (a CMP) addressing 1 or more compliance matters for the arrangement.
If subsection (2) applies, the relevant entity may submit to the chief executive a CMP for the compliance matter.
A CMP may apply, adopt or incorporate any document.
The chief executive may approve a CMP for a compliance matter only if the chief executive—
has consulted the relevant agency; and
is satisfied the compliance matter is adequately addressed in the CMP.
The chief executive may approve a CMP subject to any conditions (CMP conditions) the chief executive considers necessary or desirable.
If the chief executive approves a CMP subject to CMP conditions, the conditions form part of the approved CMP.
If the chief executive approves a CMP, the chief executive must give written notice to the relevant entity stating—
that the CMP is approved; and
any conditions the chief executive imposed under subsection (6); and
the date the approved CMP takes effect and the date it expires; and
the compliance matters addressed in the CMP (the approved compliance matters).
The chief executive must publish the notice and any other information about the approved CMP the chief executive considers appropriate on the department’s website.
If the relevant entity complies with the approved CMP, the relevant entity is taken to have met the requirements for the approved compliance matters under the relevant laws.
In this section—
address, a compliance matter, means demonstrate how the purpose of the relevant law will be satisfied in relation to the compliance matter.
approval, under a relevant law for a compliance matter, includes an authorisation or permit.
arrangement includes an agreement, authority, approval, contract, lease, licence and permit.
compliance matter, for an arrangement, means a matter—
regulated by an Act; and
relating to the establishment, construction, maintenance, management or operation of the transport infrastructure under the arrangement.
Examples—
• the closure of a road to facilitate construction activities for which an order may be obtained under the Transport Operations (Road Use Management) Act 1995 or a local law
• construction activities emitting dust, light, noise or odour to which standards apply under the Environment Protection Act 1994 or a local law.
government entity includes any of the following—
the State, the Commonwealth or another State; or
an instrumentality, agent, authority, company, GOC or entity of the State, the Commonwealth or another State; or
a local government.
relevant entity means—
a government entity; or
a person.
relevant law, for a compliance matter, means a law—
under which approval is required for the compliance matter; or
under which a standard applies for the compliance matter; or
that provides for a relevant agency for the compliance matter to enforce compliance with the relevant law; or
that otherwise regulates the compliance matter.
transport Act means—
this Act; or
another Act, or a provision of another Act, administered by the Minister.
This Act’s bill:Explanatory memorandum
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