Transport Planning and Coordination Act 1994

This Act may be cited as the Transport Planning and Coordination Act 1994.

The objectives of this Act are, within the government’s overall policy agenda, to improve—

the economic, trade and regional development performance of Queensland; and

the quality of life of Queenslanders;

by achieving overall transport effectiveness and efficiency through strategic planning and management of transport resources.

The dictionary in schedule 1 defines particular words used in this Act.

The chief executive must from time to time develop for the Minister’s approval a transport coordination plan to provide a framework for strategic planning and management of transport resources in Queensland in accordance with the objectives of this Act.

In developing a transport coordination plan, the chief executive must take reasonable steps to engage in public consultation.

A transport coordination plan applies for the period specified in the plan, but the chief executive may, if it is appropriate in the circumstances, develop a new transport coordination plan for the Minister’s approval even though the period has not ended.

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

The Minister may approve a transport coordination plan that is submitted for approval or require the chief executive to amend the plan in the way the Minister directs.

A transport coordination plan must include—

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

criteria for deciding priorities for spending on transport; and

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

A transport coordination plan must also provide—

an adequate framework for the coordinated planning for transport; and

a way of achieving effective and efficient use of land for transport purposes.

Each transport coordination plan must—

be consistent with the government’s overall strategic planning for Queensland; and

take into account—

national transport strategies; and

regional transport and other development strategies; and

local government interests; and

the government’s land use planning; and

the government’s environmental policies.

The Minister must cause a copy of each transport coordination plan, and of each amendment of a transport coordination plan, approved by the Minister, to be tabled in the Legislative Assembly.

It is Parliament’s intention that this part be complied with.

However—

this part is directory only and does not create rights or impose legally enforceable obligations on the State, Minister, chief executive or anyone else; and

failure to comply with this part does not affect the validity of anything done or not done under this Act or another Act.

In addition, a decision made, or appearing to be made, under this part—

is final and conclusive; and

can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and

is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.

In this section—decision includes—

conduct engaged in to make a decision; and

conduct related to making a decision; and

failure to make a decision.

The object of this part is to enable the chief executive to encourage increased integration between land use and transport.

The way the object is to be achieved includes—

ensuring, as far as practicable, development does not have a significant adverse impact on any of the following—

existing or future public passenger transport;

existing or future public passenger transport infrastructure; and

ensuring development addresses any impacts on the development from environmental emissions generated by any of the following—

existing or future public passenger transport;

existing or future public passenger transport infrastructure; and

Examples of environmental emissions—air particles, fumes, light, noise

ensuring, as far as practicable, public passenger transport offers an attractive alternative to private transport in a way that reduces the overall economic, environmental and social costs of transport; and

promoting urban development that maximises the use of public passenger transport; and

increasing opportunities for people to access public passenger transport, including access by cycling and walking; and

ensuring, as far as practicable, the provision of public passenger transport infrastructure to support public passenger transport; and

ensuring development supports active transport; and

ensuring, as far as practicable, the provision of active transport infrastructure to support active transport.

In this section—active transport means physical activity undertaken as a means of transport from 1 place to another, including the following—

cycling;

walking;

cycling or walking to a place to access public passenger transport, or from a place after public passenger transport has been used.

active transport infrastructure means infrastructure for use in connection with active transport, including, for example, the following—

a path or walkway for use by pedestrians;

a path, lane or other infrastructure for use by cyclists;

a device or facility designed and constructed for parking bicycles;

an end of trip facility.

end of trip facility means a facility or service at a potential destination for a person engaging in active transport that is designed to make active transport a more attractive, convenient and practical means of transport, including, for example, any of the following—

showers, toilets or wash basins;

areas for changing clothes;

facilities used for grooming purposes, including, for example, mirrors, hair dryers, ironing equipment or outlets for hair dryers and other electrical equipment;

facilities for washing or drying clothes;

service for the provision of towels;

storage facilities for clothing or equipment;

drinking facilities;

services for obtaining equipment that may be used to maintain or repair bicycles, including, for example, air pumps, puncture repair kits, tyre levers and tyre tubes.

This section applies if the chief executive is—

a referral agency under the Planning Act for a development application under that Act; or

the responsible entity or a referral agency under the Planning Act for a change application under that Act.

For performing the chief executive’s functions as responsible entity or referral agency, the chief executive must consider the extent to which the proposed development satisfies the objectives of this part.

Subsection (2) is in addition to, and does not limit, the Planning Act, sections 55, 81, 81A and 82.

This section applies in relation to road works to be carried out on a local government road if—

the road forms part of a route used for a public passenger service and is identified in a road works guideline; or

the road forms part of a route identified in a passenger transport implementation strategy or program under the Transport Operations (Passenger Transport) Act 1994; or

the works will do either of the following while they are carried out or when they are finished—

restrict or limit access to public passenger transport infrastructure;Example for subparagraph (i)—the temporary diversion of a bus route

result in the removal of public passenger transport infrastructure.Example for subparagraph (ii)—the temporary removal of a bus stop

A person undertaking road works for the local government for the local government area in which the road is situated must comply with the road works guideline.Maximum penalty—10 penalty units.

If, before the road works are undertaken, the local government knows the works will restrict or limit access to a public passenger service or public passenger transport infrastructure while they are undertaken, the local government must notify the chief executive about the works—

in writing; and

at least 21 days before the works start.

In this section—road works guideline means a guideline made under section 8E for this section.

This section applies if—

a local government proposes to make a change to the management of a local government road; and

the change would have a significant adverse impact on the provision of a scheduled passenger service.

The local government must apply to the chief executive for written approval to make the change.

Without limiting subsection (1)(b), a change to the management of a local government road that, if made, would adversely affect any of the following things is a change that would have a significant adverse impact on the provision of a scheduled passenger service—

the route that may be taken for, or the number of stops that may be made during, the scheduled passenger service;

the frequency of a scheduled journey for the scheduled passenger service;

the time taken to complete a scheduled journey for the scheduled passenger service.

Examples of changes that may adversely affect a thing mentioned in paragraph (a), (b) or (c)—

• the closure of a road or lane

• the removal or alteration of a bus lane or transit lane

• a change in the direction of traffic flow along a road

• a change in priority settings on a road

• changing a roundabout to a signalised intersection

The application must be made at least 21 days before the proposed change is to take effect.

The chief executive—

must consider the application within—

21 days after receiving it; or

the longer time notified to the local government by the chief executive, in writing, before the end of the 21 days; and

may—

approve the proposed change, with or without conditions; or

refuse to approve the proposed change.

The chief executive must give the local government written notice of the chief executive’s decision on the application.

If the chief executive does not do any of the following within the 21 days, the chief executive is taken to have approved the proposed change—

approve the proposed change;

refuse to approve the proposed change;

give the local government a notice under subsection (4)(a)(ii).

Part 5 applies to a decision of the chief executive under subsection (4)(b).

This section does not apply if—

the chief executive or planning chief executive has considered the change of management of the local government road as part of considering an application for a development approval, or a change application, under the Planning Act; or

it is reasonably necessary for the change to be made without delay including, for example, because of an emergency affecting the safety of the road network.

In this section—planning chief executive means the chief executive of the department in which the Planning Act is administered.