Queensland Consolidated Acts

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TRANSPORT INFRASTRUCTURE ACT 1994 - SECT 477G

477G Chief executive may approve compliance management plan

(1) This section applies if the chief executive grants, or proposes to grant, a licence to a person (the relevant person).

(2) The chief executive may ask, or give consent to, the relevant person to submit a plan (a compliance management plan) addressing 1 or more compliance matters for the licence.

(3) If subsection (2) applies, the relevant person may submit to the chief executive a compliance management plan for the compliance matter.

(4) A compliance management plan may apply, adopt or incorporate another plan or a part of another plan.

Example of a plan—
a plan for the construction or scheduling of works

(5) The chief executive may approve a compliance management plan for a compliance matter only if the chief executive—

(a) has consulted the relevant agency; and
(b) is satisfied the compliance matter is adequately addressed in the compliance management plan.

(6) If the chief executive approves the compliance management plan, the chief executive must give written notice to the relevant person stating—

(a) that the plan is approved; and
(b) the date the approved compliance management plan takes effect and the date the approved compliance management plan expires; and
(c) the compliance matters addressed in the approved compliance management plan (the approved compliance matters).

(7) If the relevant person complies with the approved compliance management plan, the relevant person is taken to have met the requirements for the approved compliance matters under the relevant laws.

(8) 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 a licence, means a matter—

(a) regulated by an Act; and
(b) relating to the construction or establishment of the transport infrastructure under the licence.
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 Environmental Protection Act 1994 or a local law

licence means a licence to construct or establish transport infrastructure granted under this Act.

relevant agency, for a compliance matter, means an entity administering a relevant law for the compliance matter.

Examples—
the chief executive of a department or a local government

relevant law, for a compliance matter, means a law—

(a) under which approval is required for the compliance matter; or
(b) under which a standard applies for the compliance matter; or
(c) that provides for a relevant agency for the compliance matter to enforce compliance with the relevant law; or
(d) that otherwise regulates the compliance matter.


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