Chief executive may make a compliance management plan
477H Chief executive may make a compliance management plan
This section applies if the chief executive proposes to establish, construct, maintain, manage or operate transport infrastructure under a transport Act (the works).
The chief executive may make a compliance management plan (CMP) addressing 1 or more compliance matters for the works.
A CMP may apply, adopt or incorporate any document.
The chief executive may make a CMP 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 must publish the CMP and any other information about the CMP the chief executive considers appropriate on the department’s website.
If the chief executive makes a CMP subject to CMP conditions, the conditions form part of the approved CMP.
If the chief executive complies with the CMP made under this section, the chief executive is taken to have met the requirements for the 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.
compliance matter, for the works, means a matter—
regulated by an Act; and
relating to the works.
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.
relevant agency, for a compliance matter, means an entity administering a relevant law for the compliance matter.
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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