Queensland Consolidated Acts Queensland Consolidated Actsabandoned property, for chapter 8, part 4B, see section 289H.
accreditation, for chapter 18, part 3, see section 521.
accredited person—
(a) if paragraph (b) does not apply—means a rail transport operator under the Rail Safety Act who is an accredited person under that Act; or
(b) for chapter 18, part 3—see section 521.
accredited rail infrastructure manager means a rail infrastructure manager under the Rail Safety Act who is an accredited person under that Act.
acquire, for chapter 9, part 3 and chapter 10, part 3, includes acquire by gift, exchange or purchase.
additional local government tollway corridor land, for chapter 6, part 8, division 3, see section 105H(10).
additional local government tollway corridor land declaration, for chapter 6, part 8, division 3, see section 105H(11).
additional State toll road corridor land, for chapter 6, part 6, division 2, see section 84A(6A).
additional State toll road corridor land declaration, for chapter 6, part 6, division 2, see section 84A(6B).
administration charge, for a toll, means the administration charge set in relation to non-payment of the toll.
advice agency means an advice agency for a development application under the Planning Act.
affected person, for chapter 11, see section 402.
air transport infrastructure includes transport infrastructure relating to aircraft or to the operation of aircraft.
alter includes add to.
ancillary works and encroachments means—
(a) the following things—
(i) cane railways;
(ii) monorails;
(iii) bridges, overhead conveyors or other overhead structures;
(iv) tunnels;
(v) rest area facilities;
(vi) monuments or statues;
(vii) advertising signs or other advertising devices;
(viii) traffic and service signs;
(ix) bores, wells, pumps, windmills, water pipes, channels, culverts, viaducts, water tanks or dams;
(x) pipes;
(xi) tanks;
(xii) cables;
(xiv) paths or bikeways;
(xv) grids or other stock facilities;
(xvi) buildings, shelters, awnings or mail boxes;
(xvii) poles, lighting, gates or fences;
(xviii) pumps and bowsers; or
(b) any of the following activities—
(i) drilling;
(ii) clearing;
(iii) trimming;
(iv) slashing;
(v) landscaping;
(vi) planting;
(vii) burning off;
(viii) removing trees;
(ix) road safety related activities;
(x) sporting activities;
(xi) camping;
(xii) conducting a business (for example, a market);
(xiii) moving stock, other than under a stock route travel permit under the Land Protection (Pest and Stock Route Management) Act 2002;
(xiv) holding meetings; or
(c) other encroachments declared under a regulation to be ancillary works and encroachments;
but does not include public utility plant.
appropriate register see the Land Act 1994, schedule 6.
approval—
(a) for chapter 8, part 4A—see section 289B; or
(b) for chapter 12—see section 415; or
(c) for chapter 14—means an approval by the chief executive.
approval conditions, for chapter 12, see section 415.
approved form means a form approved by the chief executive under section 479.
approved safety management system see section 122.
approved tollway project, for chapter 6, part 8, see section 105B.
assessment manager means the assessment manager for a development application under the Planning Act.
associated person for—
(a) chapter 7, part 2—see section 109; or
(b) chapter 11—see section 402.
authorised busway user, for chapter 9, part 5, see section 335A.
authorised officer—
(a) for chapter 8—means a person appointed under section 282K; or
(b) for a person who is appointed under a regulation as an officer in relation to a matter as stated in the regulation—means a person appointed under the regulation as an officer for the matter.
authorised person means—
(a) for chapter 15, part 2—a person who is an authorised person for a waterway transport management plan under section 475A; or
(b) for a person who is appointed under a regulation as an authorised person relating to a matter as stated in the regulation—a person appointed under the regulation as an authorised person for the matter; or
(c) otherwise—a person who is an authorised person under the Transport Operations (Passenger Transport) Act 1994, section 111.
authority, for chapter 7, part 2, see section 109.
balance port land see section 283I.
Brisbane core port land see section 283I.
Brisbane port LUP see section 283I.
Brisbane port railway land, for chapter 8, part 3C, see section 283I.
busway means—
(a) a route especially designed and constructed for, and dedicated to, the priority movement of buses for passenger transport purposes; and
(b) places for the taking on and letting off of bus passengers using the route.
busway common area see section 303A(2).
busway land—
1 Busway land means land declared to be busway land under chapter 9.
2 Additionally, the following apply—
(a) for chapter 9, part 4, division 4, see section 316;
(b) for chapter 9, part 4, division 6, see section 330;
(c) for chapter 10, part 4, division 5, see section 378.
busway manager, for a busway, means a person who holds an accreditation under chapter 9, part 4A as the busway manager for the busway.
busway service provider, for chapter 9, part 5, see section 335A.
busway transport infrastructure means each of the following—
(a) the pavement on which buses run for a busway;
(b) the stations for operating a busway;
(c) other facilities necessary for managing or operating a busway, including for example—
(i) infrastructure put in place for the busway, including the following—
• support earthworks
• cuttings
• drainage works
• excavations
• land fill; and
(ii) the following things, if associated with the busway's operation—
• access or service lanes
• bridges, including bridges over water
• busway operation control facilities
• communication systems
• depots
• machinery and other equipment
• monitoring and security systems
• noise barriers
• notice boards, notice markers and signs
• office buildings
• passenger interchange facilities between the busway and other modes of transport
• platforms
• positioning systems
• power and communication cables
• signalling facilities and equipment
• survey stations, pegs and marks
• ticketing equipment and systems
• timetabling systems
• tunnels
• under-busway structures
• workshops;
(d) vehicle parking and set down facilities for intending passengers for a busway;
(e) pedestrian facilities, including paving of footpaths, for a busway;
(f) other facilities, or commercial or retail outlets or works, for the convenience of passengers and others who may use a busway, including, for example, automatic teller machines, lockers or showers for cyclists and others, newsagents and wheelchair hire or exchange centres;
(g) landscaping or associated works for a busway.
busway transport infrastructure works means works done for—
(a) constructing busway transport infrastructure or things associated with busway transport infrastructure; or
(b) the maintenance of busway transport infrastructure or of things associated with busway transport infrastructure; or
(c) facilitating the operation of busway transport infrastructure or things associated with busway transport infrastructure.
candidate GOC has the same meaning as in the Government Owned Corporations Act 1993.
cane railway means a tramway or railway—
(a) operated, entirely or partly, on an access right under the Sugar Industry Act 1999, chapter 2, part 4; and
(b) used, or proposed to be used, to transport sugar cane, sugar or sugar cane by-products; and
(c) that does not transport passengers or other freight for reward.
carry out road or railway works means do anything on land that is reasonably necessary or desirable for the works, including, for example, temporarily occupy or use the land.
certificate of accreditation, for section 524, see section 121.
charge see section 267.
civil or criminal proceeding, for section 531, see section 213B.
class exemption means an exemption granted to a class of person under section 443(2).
class representative, for a class exemption, means the representative of a class of person who applied for the exemption.
commencement—
(a) for chapter 18, part 3, see section 521; or
(b) for chapter 18, part 5, see section 532; or
(c) for chapter 19, see section 559; or
(d) for chapter 20, see section 562.
commercial corridor land means old QR land—
(a) on or within which rail transport infrastructure is situated; and
(b) notified by the chief executive in the gazette.
community infrastructure designation for chapter 8, part 3C, see section 283I.
compensation notice, for chapter 11, see section 411.
completion day—
(a) for chapter 8, see section 267; or
(b) for chapter 20, see section 562.
compliance notice, for chapter 6, part 8, see section 105B.
concurrence agency means a concurrence agency for a development application under the Planning Act.
consign and consignor—
1 A person consigns, and is the consignor in relation to, goods transported, or to be transported, by rail or goods that are dangerous goods if the person is any of the following—
(a) the person who has consented to being, and is, named or otherwise identified as the consignor of the goods in the transport documentation for the consignment;
(b) if there is no person as described in paragraph (a)—
(i) for goods transported or to be transported by rail—the person who engages an operator of the railway, either directly or through another person, to transport the goods by rail; or
(ii) for goods that are dangerous goods—the person who engages a prime contractor, either directly or through another person, to transport the goods; or
(iii) if there is no person as described in subparagraph (i) or (ii)—the person who has possession of, or control over, the goods immediately before the goods are transported by rail; or
(iv) if there is no person as described in subparagraph (i), (ii) or (iii)—the person who loads a vehicle with the goods, for transport by rail, at a place—
(A) where goods in bulk are stored, temporarily held or otherwise held waiting collection; and
(B) that is unattended, other than by the driver or trainee driver of the rail vehicle or someone else necessary for the normal operation of the rail vehicle, during loading;
(c) if there is no person as described in paragraph (a) or (b) and the goods are imported into Australia through a place in Queensland—the importer of the goods.
2 Also, a person consigns goods for transport by rail if the person arranges for the conveyance of the goods on a rail vehicle owned or controlled by the person.
consignee, in relation to dangerous goods transported or to be transported by rail—
(a) means the person who—
(i) has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation for the consignment; or
(ii) actually receives the goods after they are transported; but
(b) does not include a person who merely unloads or unpacks the goods.
construction of busway, light rail, or road transport infrastructure includes each of the following for the infrastructure, to the extent it involves the development of the infrastructure—
(a) initial construction;
(b) improvement of its standard;
(c) realignment;
(d) widening;
(e) extension to accommodate the extension of a busway, light rail or road.
consultation period, for chapter 8, part 3C, see section 283I.
continuing accredited person, for chapter 18, part 3, see section 521.
contributions schedule, for chapter 8, part 3C, see section section 283I.
controlled activity, for chapter 8, see section 289B.
convicting a person includes a court finding the person guilty, or the person pleading guilty, whether or not a conviction is recorded.
coordination plan means the transport coordination plan developed under the Transport Planning and Coordination Act 1994.
core matters, for chapter 8, part 3C, see section 283I.
core port infrastructure see section 283I.
coronial procedure, for section 531, see section 213B.
corporate plan, for chapter 8, see section 267.
dangerous goods means—
(a) goods prescribed under a regulation to be dangerous goods; or
(b) for implied references to goods too dangerous to be transported—see chapter 14, part 7, section 458A.
dangerous goods authority means an entity in a participating dangerous goods jurisdiction that has functions under a corresponding law to chapter 14 that correspond to the chief executive's functions under that chapter.
dangerous goods offence means an offence against chapter 14, the Transport Operations (Passenger Transport) Act 1994, chapter 11, or a dangerous goods regulation, involving or relating to the transport of dangerous goods by rail.
dangerous goods regulation means a regulation made under chapter 14—
(a) applying to the transport of dangerous goods by rail; or
(b) for implied references to goods too dangerous to be transported—see chapter 14, part 7, section 458A.
dangerous situation means a situation involving the transportation of dangerous goods by rail that is causing, or is likely to cause, imminent risk of—
(a) death of, or significant injury to, a person; or
(b) significant harm to the environment; or
(c) significant damage to property.
dealing number, for a lease under section 84C(6) or (6A) or 105J(6), (9) or (10), means a number assigned to the lease by the registrar of titles.
declaration—
(a) for chapter 6, part 5, division 2, subdivision 2, see section 53; or
(b) for chapter 6, part 8, for a local government tollway, see section 105B.
deferred toll amount—
(a) for chapter 6, part 7, division 3—see section 97; or
(b) for chapter 6, part 8, division 6, subdivision 3—see section 105ZF.
designated vehicle—
(a) for chapter 6, part 7—see section 92; or
(b) for chapter 6, part 8—see section 105B.
development—
(a) for chapter 8, part 3C, means development under the Planning Act; or
(b) for chapter 11, see section 402.
development application means an application for a development approval.
development approval means a development approval under the Planning Act.
dispute notice, for chapter 12, see section 415.
draft plan—
(a) for chapter 8, part 3C, see section 283I; or
(b) for chapter 8, part 4, see section 285B.
employee, of a railway manager or railway operator, means—
(a) an employee of, or a contractor for, the manager or operator; or
(b) an employee of a contractor mentioned in paragraph (a); or
(c) an individual who performs work for the manager or operator without payment, while the individual is performing that work.
Example for paragraph (c)—
An individual does work as a volunteer for an organisation of which the individual is a member. The organisation is a railway manager. The volunteer is an employee of the railway manager while the volunteer is performing work for the manager.
establishment, for—
(a) chapter 9, part 4, division 6—see section 330; or
(b) chapter 10, part 4, division 5—see section 378.
E toll only pay point means a part of a toll plaza designated by appropriate signs for the exclusive use of vehicles using the E toll system.
E toll system—
(a) for chapter 6, part 7—see section 92; or
(b) for chapter 6, part 8—see section 105B.
exemption, for chapter 14, means an exemption under section 443.
exempt vehicle means a vehicle exempted from the payment of tolls on roads under—
(a) an Act; or
(b) an Act or law of the Commonwealth; or
(c) an Act of another State that is prescribed under a regulation for this paragraph.
existing rail corridor land means old QR land—
(a) on or within which rail transport infrastructure is situated; and
(b) that is not commercial corridor land.
extractive material, for chapter 8, see section 267.
final notice, for chapter 6, part 8, see section 105B.
first Brisbane port LUP, for chapter 8, part 3C, see section section 283I.
food and drink outlet, for schedule 5B, see schedule 5B, part 1.
former land use plan, for chapter 8, part 3C, see section section 283I.
franchised road means a road to which a road franchise agreement applies, and includes facilities identified in the road franchise agreement that are on or adjacent to the road and relate to the operation or servicing of the road or facilities for road users.
franchisee means—
(a) for a road franchise agreement—a person with whom the Minister has entered into the agreement; or
(b) for a light rail franchise agreement—a person with whom the Minister has entered into the agreement.
freight warehouse or depot, for schedule 5B, see schedule 5B, part 1.
future railway land has the meaning given by section 242.
GOC includes a candidate GOC.
GOC Act entity means—
(a) a GOC; or
(b) an entity established under the Government Owned Corporations Act 1993.
GOC port authority means a port authority that is a GOC.
goods too dangerous to be transported means goods prescribed under a dangerous goods regulation as goods too dangerous to be transported.
government supported transport infrastructure means transport infrastructure that—
(a) is funded, wholly or partly, by appropriations from the consolidated fund; or
(b) is funded, wholly or partly, by borrowings made by the Government (other than commercial borrowings made by the Queensland Treasury Corporation acting as an agent); or
(c) is funded, wholly or partly, by borrowings guaranteed by the Government other than borrowings for commercial investments; or
(d) is provided by a person on the basis of conditions agreed to by the Government that are intended to support the commercial viability of the infrastructure.
high-water mark, for chapter 8, part 3C, see section 283I.
hospital, for schedule 5B, see schedule 5B, part 1.
IDAS means the system detailed in the Planning Act, chapter 3, for integrating State and local government assessment and approval processes for development.
IDAS process means the process for dealing with a development application under the IDAS stages under the Planning Act.
in a rail vehicle includes on the vehicle.
incident means an incident that has caused or could have caused—
(a) property damage; or
(b) injury to an individual, including death.
individual, for section 531, see section 213B.
information notice, for a decision the subject of a written notice given to a person, means a written notice stating that the person may—
(a) under section 485—ask for the decision to be reviewed by the chief executive; and
(b) under the Transport Planning and Coordination Act 1994, part 5, division 2—apply for the decision to be stayed; and
(c) either—
(i) if section 485A applies in relation to the reviewed decision—
(A) under that section—ask for the reviewed decision to be reviewed by QCAT; and
(B) under the QCAT Act—apply for the reviewed decision to be stayed; or
(ii) if section 485B applies in relation to the reviewed decision, under the Transport Planning and Coordination Act 1994, part 5, division 3—
(A) appeal against the reviewed decision to the court stated in schedule 3 for the decision; and
(B) apply for the reviewed decision to be stayed.
insufficient value property, for chapter 8, part 4B, see section 289H.
interfere with, light rail transport infrastructure, for chapter 10, part 4, division 2, see section 361A.
interim period, for chapter 20, see section 562.
intersecting area, for chapter 12, see section 415.
investigator means—
(a) other than for chapter 11—a person who holds an authority; or
(b) for chapter 11—a person who holds an investigator's authority under that chapter.
investigator's authority, for chapter 11, see section 402.
land—
(a) for chapter 6, part 5, division 2, subdivision 2, for land adjacent to a State-controlled road, see section 53; or
(b) for chapter 6, and for chapters 9 to 12, includes—
(i) an interest in land; and
(ii) land within the beds and banks of a watercourse or inundated land; and
(iii) land beneath the internal waters of Queensland; or
(c) for chapter 7 includes—
(i) a reserve within the meaning of the Land Act 1994 or a road; and
(ii) land within the beds or banks of a watercourse or inundated land; or
(d) for chapter 7, part 7 and for chapters 9 to 12, includes the airspace above, and the land below, the surface; or
(e) for chapter 8, see section 267.
Land Act, for chapter 8, see section 267.
land use and development, for chapter 8, part 3C, see section 283I.
lease, for chapters 8 and 20, see section 267.
lease reference number, for a lease mentioned in section 84C(4) or 105J(4), means the number for the lease recorded by the registrar of titles in the leasehold land register.
leasehold land register means the leasehold land register kept under the Land Act 1994, section 276(a).
licensee, for chapter 12, see section 415.
light rail means—
(a) a route wholly or partly dedicated to the priority movement of light rail vehicles for passenger transport purposes, whether or not the route was designed and constructed for those purposes as well as other purposes; and
(b) places for the taking on and letting off of light rail vehicle passengers using the route.
light rail authority, for chapter 10, part 4, division 3, see section 364.
light rail franchise agreement see section 377B.
light rail land—
1 Light rail land means land declared to be light rail land under chapter 10.
2 Additionally, the following apply—
(a) for chapter 10, part 4, division 3, see section 364;
(c) for chapter 10, part 4, division 5, see section 378.
light rail manager, for a light rail, means a person who is an accredited rail infrastructure manager in relation to railway operations, under the Rail Safety Act, for the light rail.
light rail operator, for a light rail, means a person who is accredited, as a rail transport operator in relation to railway operations for light rail, under the Rail Safety Act.
light rail transport infrastructure means each of the following—
(a) the rails on which light rail vehicles run for a light rail and pavement incorporating the rails;
(b) the stations for operating a light rail;
(c) other facilities necessary for managing or operating a light rail, including, for example—
(i) works built for the light rail, including the following—
• cuttings
• drainage works
• excavations
• land fill
• track support earthworks; and
(ii) light rail vehicles that operate on a light rail; and
(iii) the following things if they are associated with the light rail's operation—
• access or service lanes
• bridges, including bridges over water
• communication systems
• light rail operation control facilities
• machinery and other equipment
• maintenance depots
• marshalling yards
• monitoring and security systems
• noise barriers
• notice boards, notice markers and signs
• office buildings
• overhead wiring
• over-track structures
• passenger interchange facilities between light rail and other modes of transport
• platforms
• positioning systems
• power and communication cables
• power supply substations and equipment
• signalling facilities and equipment
• survey stations, pegs and marks
• ticketing equipment and systems
• timetabling systems
• tunnels
• under-track structures
• workshops;
(d) vehicle parking and set down facilities for intending passengers for a light rail;
(e) pedestrian facilities, including paving of footpaths, for a light rail;
(f) other facilities, or commercial or retail outlets or works, for the convenience of passengers and others who may use a light rail, including, for example, automatic teller machines, lockers or showers for cyclists and others, newsagents and wheelchair hire or exchange centres;
(g) landscaping or associated works for a light rail.
light rail transport infrastructure works means works done for—
(a) constructing light rail transport infrastructure or things associated with light rail transport infrastructure; or
(b) the maintenance of light rail transport infrastructure or of things associated with light rail transport infrastructure; or
(c) facilitating the operation of light rail transport infrastructure or things associated with light rail transport infrastructure.
light rail vehicle means a type of transport that—
(a) is intended wholly or mainly for the carriage of passengers or for track maintenance; and
(b) travels on flanged wheels on parallel rails; and
(c) is designed to operate in line of sight on road-like areas.
loading, in relation to loading a rail vehicle with dangerous goods, includes the following—
(a) loading 1 or more packages of the goods in or on the rail vehicle;
(b) placing or securing 1 or more packages of the goods on the rail vehicle;
(c) supervising an activity mentioned in paragraph (a) or (b);
(d) managing or controlling an activity mentioned in paragraph (a), (b) or (c);
but does not include loading goods into packaging already on the rail vehicle or placing or securing packages in or on further packaging already on the vehicle.
local government franchised road, for chapter 6, part 8, see section 105B.
local government franchisee, for chapter 6, part 8, see section 105B.
local government road means a road that is under the control of a local government.
local government tollway, for chapter 6, part 8, see section 105B.
local government tollway corridor land, for chapter 6, part 8 and section 249, see section 105B.
local government tollway franchise agreement, for chapter 6, part 8, see section 105Y.
local government tollway infrastructure, for chapter 6, part 8, see section 105B.
local government tollway infrastructure works, for chapter 6, part 8, see section 105B.
local government tollway operator, for chapter 6, part 8, see section 105B.
maintain includes repair.
maintenance, for chapters 6, 7 and 12, includes—
(a) rehabilitation; and
(b) replacement; and
(c) repair; and
(d) recurrent servicing; and
(e) preventive and remedial action; and
(f) removal; and
(g) alteration; and
(h) maintaining systems and services for transport infrastructure.
material change of use see the Planning Act, section 10.
matter, for chapter 6, part 8, see section 105B.
medical centre, for schedule 5B, see schedule 5B, part 1.
member of POBC Group means the Port of Brisbane Corporation or a subsidiary of the Port of Brisbane Corporation.
member of QR Group, for chapter 19, see section 559.
Minister, for chapter 8, part 3C, division 6, see section 283ZZL.
minor amendment (LUP), for chapter 8, part 3C, see section 283I.
miscellaneous transport infrastructure see section 416.
miscellaneous transport infrastructure works means—
(a) works done for—
(i) constructing miscellaneous transport infrastructure or things associated with miscellaneous transport infrastructure; or
(ii) the maintenance of miscellaneous transport infrastructure or of things associated with miscellaneous transport infrastructure; or
(iii) facilitating the operation of miscellaneous transport infrastructure or things associated with miscellaneous transport infrastructure; or
(b) works declared under a regulation to be miscellaneous transport infrastructure works.
motorway means a State-controlled road that is declared to be a motorway under section 27 (Declaration of motorways).
nature based recreation facility, for schedule 5B, see schedule 5B, part 1.
network company, for chapter 13, see section 438.
new rail corridor land means land that is subleased to a railway manager under section 240.
non-rail corridor land means land leased to the State in perpetuity that was—
(a) old QR land declared to be non-rail corridor land; or
(b) rail corridor land for which the sublease previously granted to a railway manager has—
(i) expired; or
(ii) been surrendered or terminated.
notice means a notice, sign or pictograph of any type of material and whether fixed or moveable.
occupier, of a place that is a watercraft, see section 475H.
occupier, of land, for chapters 6, 7, 9, 10, 11 and 12, means—
(a) the person in actual occupation of the land; or
(b) if there is no person in actual occupation—the person entitled to possession of the land;
and, for a watercourse or reserve, includes the person responsible for the care and management of the watercourse or reserve.
office, for schedule 5B, see schedule 5B, part 1.
old QR land means land (other than an easement in land) that, immediately before the commencement of the Transport Infrastructure Amendment (Rail) Act 1995, section 4—
(a) was held by the previous rail corporation in fee simple; or
(b) could be granted in fee simple to the previous rail corporation under the Transport Infrastructure (Railways) Act 1991, section 49(2).
on a railway, road or other land includes over or under the land.
operational licence, for chapter 12, see section 415.
operational work see the Planning Act, section 10(1).
original local government tollway corridor land, for chapter 6, part 8, division 3, see section 105H(10).
original State toll road corridor land, for chapter 6, part 6, division 2, see section 84A(6A).
other rail infrastructure means—
(a) freight centres or depots; or
(b) maintenance depots; or
(c) office buildings or housing; or
(d) rolling stock or other vehicles that operate on a railway; or
(e) workshops; or
(f) any railway track, works or other thing that is part of anything mentioned in paragraphs (a) to (e).
overhead wiring means an overhead electrical power supply system and associated support structures and safety signs.
Example of overhead electrical power supply system—
a catenary
owner, of land, includes—
(a) the lessee or licensee from the State of the land; or
(b) the person who has lawful control of the land, on trust or otherwise; or
(c) the person who is entitled to receive the rents and profits of the land.
pack, in relation to dangerous goods, includes the following—
(a) put goods in packaging, even if that packaging is already on a rail vehicle;
Example for paragraph (a)—
A person who uses a hose to fill the tank of a tank rail vehicle with petrol packs the petrol for transport.
(b) enclose or otherwise contain more than 1 package, even if that packaging is already on a rail vehicle;
(c) supervise an activity mentioned in paragraph (a) or (b);
(d) manage or control an activity mentioned in paragraph (a), (b) or (c).
package, in relation to dangerous goods, means the complete product of the packing of the goods for transport, and consists of the goods and their packaging.
packaging, in relation to dangerous goods—
(a) means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported; and
(b) includes anything prescribed under a dangerous goods regulation to be packaging.
Notes—
1 It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which goods, including, for example, dangerous goods, are directly placed.
2 The term is not used in the same way as it is used in United Nations publications relating to the transport of dangerous goods.
park, for schedule 5B, see schedule 5B, part 1.
participating dangerous goods jurisdiction means a State that has a corresponding law to chapter 14 unless a regulation provides that the State is not a participating dangerous goods jurisdiction.
penalty notice see section 266E(4).
permitted road access location, for chapter 6, part 5, division 2, subdivision 2, see section 53.
personal watercraft means a power driven ship that is designed to be operated by a person standing, crouching or kneeling on it or sitting astride it.
placard means a label or emergency information panel that is required under a dangerous goods regulation to be used in transporting dangerous goods by rail.
place, for chapter 15, part 2, division 4, see section 475H.
plan commencement day, for chapter 8, part 3C, see section 283I.
planned transport infrastructure, for chapter 8, part 3C, see section 283I.
Planning Act means the Sustainable Planning Act 2009.
planning chief executive means the chief executive of the department in which the Planning Act is administered.
planning Minister means the Minister administering the Planning Act.
planning scheme means a planning scheme under the Planning Act.
plant includes any of the following—
(a) a conduit or cable;
(b) an electrical installation under the Electricity Act 1994;
(c) an overhead conveyor;
(d) a pipeline;
(e) a pole;
(f) a railway, monorail or tramway;
(g) a telecommunications plant;
(h) a viaduct or aqueduct;
(i) a water channel.
port—
(a) of a port authority, means a port for which the authority is responsible; or
(b) of the port lessor, means the port for which the port lessor is declared to be the port lessor; or
(c) of a port lessee, means the port for which the port lessee is declared to be a port lessee; or
(c) of a port manager, means a port for which the port lessor that appointed, or approved the appointment of, the port manager, is declared to be the port lessor.
port agreement, for chapter 8, see section 267.
port area, for chapters 8 and 20, see section 267AA.
port authority—
(a) means a port authority established under section 268 or a body declared to be a port authority under a regulation under section 274A; but
(b) does not include a port authority that has been abolished under section 270 or for which the declaration has been revoked under a regulation under section 274A.
port entity, for chapters 8 and 20, see section 267.
port facilities, for chapter 8, see section 267.
port infrastructure includes transport infrastructure relating to ports.
port land, for chapter 8, part 3C, division 6, see section 283ZZL.
port lease, for chapter 8, part 3C, division 6, see section 283ZZL.
port lessee see section 267.
port lessor see section 267.
port manager see section 267.
port notice, for chapter 8, see section 282(1).
Port of Brisbane Corporation means Port of Brisbane Corporation Limited ACN 124 048 522.
port operator, for chapters 8 and 20, see section 267.
port prohibited development see section 283I.
port related development see section 283I.
port services, for chapter 8, see section 267.
port terminal facility, for schedule 5B, see schedule 5B, part 1.
port user, for chapter 8, see section 267.
precinct, for chapter 8, part 3C, see section 283I.
premises, for chapter 8, part 3C and schedule 5B, see section 283I.
prescribed time—
(a) for chapter 6, part 7—see section 92; or
(b) for chapter 6, part 8—see section 105B.
prevent, in relation to the transport of dangerous goods, includes avert, eliminate, minimise, remove and stop.
previous, for chapter 18, part 3, see section 521.
previous rail corporation means Queensland Railways.
priority infrastructure interface plan, for chapter 8, part 3C, see section 283I.
priority infrastructure plan, for chapter 8, part 3C, see section 283I.
prohibited shareholding interest, for chapter 13, see section 438.
properly made submission, for chapter 8, part 3C, see section 283I.
proposed penalty notice see section 266C(2).
public marine facility means public marine transport infrastructure, including—
(a) land or waters associated with the infrastructure that are affected by its use; and
(b) land or waters specified for the infrastructure under a regulation made with the objective of clarifying what are the land or waters associated with the infrastructure that are affected by its use.
Example—
an area of land and waters, specified under a regulation, that constitutes a boat harbour
breakwaters, jetties, landings, mooring piles, pontoons, carparks and land or waters affected by the use of the infrastructure
public marine transport infrastructure means State-owned or State-controlled transport infrastructure relating to Queensland waters, other than port or miscellaneous transport infrastructure.
public passenger service see the Transport Operations (Passenger Transport) Act 1994, schedule 3.
public thoroughfare easement means a public thoroughfare easement under either of the following provisions, if the easement is in favour of the State—
(a) the Land Act 1994, chapter 6, part 4, division 8;
(b) the Land Title Act 1994, part 6, division 4.
public utility plant means plant permitted under another Act or a Commonwealth Act to be on a road.
public utility provider means an entity that owns public utility plant.
QCAT information notice means a notice complying with the QCAT Act, section 157(2).
QR Limited means QR Limited ACN 124649967.
QR National, for chapter 13, see section 438.
QR National company, for chapter 13, see section 438.
QR Network Pty Ltd means QR Network Pty Ltd ACN 132181116.
quarry material see the Water Act 2000, schedule 4.
rail, for chapter 14, includes cableway.
rail corridor land means existing rail corridor land or new rail corridor land.
rail GOC means a GOC the principal business of which is to do either or both of the following—
(a) manage a railway;
(b) operate rolling stock on a railway.
Rail Safety Act means the Transport (Rail Safety) Act 2010.
rail transport infrastructure means facilities necessary for operating a railway, including—
(a) railway track and works built for the railway, including, for example—
• cuttings
• drainage works
• excavations
• land fill
• track support earthworks; and
(b) any of the following things that are associated with the railway's operation—
• bridges
• communication systems
• machinery and other equipment
• marshalling yards
• notice boards, notice markers and signs
• overhead electrical power supply systems
• over-track structures
• platforms
• power and communication cables
• service roads
• signalling facilities and equipment
• stations
• survey stations, pegs and marks
• train operation control facilities
• tunnels
• under-track structures; and
(c) vehicle parking and set down facilities for intending passengers for a railway that are controlled or owned by a railway manager or the chief executive; and
(d) pedestrian facilities, including footpath paving, for the railway that are controlled or owned by a railway manager or the chief executive;
but does not include other rail infrastructure.
rail vehicle, for chapter 14, includes rolling stock and a cableway car.
railway does not include a light rail or light rail transport infrastructure.
railway crossing means a level crossing, bridge or another structure used to cross over or under a railway.
railway manager means—
(a) for a railway—the person who is an accredited rail infrastructure manager in relation to railway operations relating to the railway; or
(b) for rail corridor land—the person who is an accredited rail infrastructure manager in relation to railway operations relating to the railway or proposed railway on or proposed to be on the rail corridor land.
railway operator means a person who operates rolling stock on a railway.
railway works means—
(a) works for constructing, maintaining, altering or operating a railway or rolling stock; or
(b) other works declared under a regulation to be railway works.
reasonably means on grounds that are reasonable in all the circumstances.
reconfiguring a lot see the Planning Act, section 10.
rectification notice, for chapter 11, see section 411.
referral agency means a referral agency for a development application under the Planning Act.
registered interest, for chapter 8, part 3C, see section 283I.
registered operator, of a vehicle that has passed through a toll plaza, means a person who, when the vehicle passed through the toll plaza, was the person in whose name the vehicle was registered under a registration Act.
registrar of titles means a public official or authority responsible for registering title to land and dealings affecting land.
registration Act means—
(a) the Transport Operations (Road Use Management) Act 1995 or another Act, prescribed under a regulation, dealing with the registration of vehicles; or
(b) a law of the Commonwealth or another State dealing generally with the registration of vehicles.
regulation condition see section 121.
related body corporate has the meaning given in the Corporations Act.
relevant busway legislation, for chapter 9, part 6, see section 346A.
relevant emergency service officer means an officer of any of the following—
(a) the Queensland Ambulance Service;
(b) the Queensland Fire and Rescue Service;
(c) the Queensland Police Service;
(d) the State Emergency Service;
(e) a service of another State, corresponding to a service mentioned in paragraphs (a) to (d), if there is a dangerous goods authority for the State;
(f) a unit of the Australian Defence Force corresponding to a service mentioned in paragraphs (a) to (d).
relevant entity, for chapters 8 and 20, see section 267.
relevant interest, for chapter 13, see section 438.
relevant notice, for chapter 6, part 8, see section 105B.
relevant person—
(a) for chapter 7, part 2, see section 109; or
(b) for chapter 13, see section 438.
repealed regulation, for chapter 18, part 5, see section 532.
required land, for chapter 12, see section 415.
requirement, of a port notice, for chapter 8, see section 267.
residential development, for schedule 5B, see schedule 5B, part 1.
responsible entity, for chapter 12, see section 415.
revocation notice, for chapter 6, part 8, see section 105B.
road—
(a) for chapter 9, part 3, has the meaning given in section 301; and
(b) for chapter 10, part 3, has the meaning given in section 352; and
(c) does not include an area or thing that is busway land, busway transport infrastructure, light rail land or light rail transport infrastructure; and
(ca) does not include a public thoroughfare easement; and
(d) subject to paragraphs (a) to (c), means—
(i) an area of land dedicated to public use as a road; or
(ii) an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or
(iii) a bridge, culvert, ferry, ford, tunnel or viaduct; or
(iv) a pedestrian or bicycle path; or
(v) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in subparagraphs (i) to (iv).
road access location, for chapter 6, part 5, division 2, subdivision 2, see section 53.
road access works means—
(a) a physical means of entry or exit for traffic between land and a road; or
Example—
a driveway
(b) road works providing entry or exit for traffic between works mentioned in paragraph (a) and the part of the road formed or prepared for use by general traffic.
Example—
an acceleration or deceleration lane, or a laneway, lane or track, connecting a driveway of a property adjacent to a road to a lane on the road designed to carry through traffic
road franchise agreement, for chapter 6, see section 85.
road transport infrastructure includes transport infrastructure relating to roads.
road works, for chapter 6, means—
(a) works done for—
(i) constructing roads or things associated with roads; or
(ii) maintaining roads or things associated with roads (other than public utility plant); or
(iii) facilitating the operation of road transport infrastructure; or
(b) road access works; or
(c) works declared under a regulation to be road works.
rolling stock means a vehicle, including, for example, a train, that operates on a railway and is used, or is proposed to be used, for either of the following purposes—
(a) transporting passengers or freight on a railway track; or
(b) maintenance work, or other work associated with, a railway.
schedule 5 step-in notice, for chapter 6, part 8, see section 105B.
schedule 5A step-in notice, for chapter 6, part 8, see section 105B.
seafarers' centre, for schedule 5B, see schedule 5B, part 1.
service provider, for chapter 8, part 3C, see section 283I.
services contract, for land, means a contract merely for the provision of services on, to, or in relation to, the land, but does not include a contract for the provision of services under which a person has a right to reside on any part of the land.
Example of a services contract—
a contract for the provision of a mowing service
service station, for schedule 5B, see schedule 5B, part 1.
ship, for chapter 8, see section 267.
shop (minor), for schedule 5B, see schedule 5B, part 1.
shopping facility (major), for schedule 5B, see schedule 5B, part 1.
signed notice means a written notice signed by the person giving the notice.
sport and recreation (major), for schedule 5B, see schedule 5B, part 1.
State-controlled road means a road or land, or part of a road or land, declared under section 24 to be a State-controlled road, and, for chapter 6, part 5, division 2, subdivision 2, see section 53.
State government body, for chapter 6, means—
(a) a department or a division, branch or other part of a department; or
(b) a State instrumentality, agency, authority or entity or a division, branch or other part of a State instrumentality, agency, authority or entity; or
(c) a GOC;
but does not include a local government.
State interest, for chapter 8, part 3C, see section 283I.
State land means any of the following—
(a) unallocated State land;
(b) a road, including a State-controlled road and local government road;
(c) trust land under the Land Act 1994;
(d) lease land under the Land Act 1994;
(e) a watercourse crossing;
(f) land otherwise held by or vested in the State.
statement of corporate intent, for chapter 8, see section 267.
statement of proposal—
(a) for chapter 8, part 3C, see section 283I; or
(b) for chapter 8, part 4, see section 285A.
State planning instrument, for chapter 8, part 3C, see section 283I.
State toll road corridor land means land declared to be State toll road corridor land under section 84A.
strategic plan, for chapter 8, part 3C, see section 283I.
strategic port land, for chapter 8, see section 267.
sublease, for chapters 8 and 20, see section 267.
subsidiary, of a body corporate, has the meaning given in the Corporations Act.
suspension notice, for chapter 6, part 8, see section 105B.
table of assessment, for chapter 8, part 3C, see section 283I.
tenure, over boat harbour land, means a lease, licence, permit or other authority conferring a right of possession or occupation for the land.
toll plaza means a part of a toll road or local government tollway where facilities are constructed for either or both of the following—
(a) the collection of tolls from the drivers of vehicles using the toll road or local government tollway;
(b) the operation of an E toll system for vehicles using the toll road or local government tollway.
toll road, for chapter 6, part 7, see section 92.
toll road operator, for chapter 6, part 7, see section 92.
tollway project, for chapter 6, part 8, see section 105B.
tourist attraction (major), for schedule 5B, see schedule 5B, part 1.
trade lease see section 267.
traffic includes the passing back and forth of persons, vehicles and animals.
train means a conveyance or group of connected conveyances that travels on a rail or rails of a railway or sugar tramway.
train controller, for rolling stock, means an individual who is in control of train control signalling and communication for the section of track on which the rolling stock is moving or stationary.
train path obligations see section 266B(1).
transition period, for chapter 20, see section 562.
transport, in relation to dangerous goods, includes each of the following—
(a) the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, for their transport by rail;
(b) the marking or labelling of packages containing dangerous goods for their transport by rail;
(c) the placarding of packaging and vehicles in which dangerous goods are transported, or are to be transported, by rail;
(d) other matters incidental to their transport, or in preparation for their transport, by rail.
transport and equipment depot, for schedule 5B, see schedule 5B, part 1.
transport documentation means each of the following—
(a) for a rail vehicle—
(i) each contractual document directly or indirectly associated with—
(A) a transaction for the actual or proposed transport by rail of goods or any previous transport of the goods by any transport method; or
(B) goods, to the extent the document is relevant to the transaction for their actual or proposed transport by rail; or
(ii) each document—
(A) contemplated in a contractual document mentioned in subparagraph (i); or
(B) required by law, or customarily given, in connection with a contractual document or transaction mentioned in subparagraph (i);
Examples—
a bill of lading
a consignment note
a container weight declaration
a contract of carriage
a delivery order
an export receival advice
an invoice
a load manifest
a sea carriage document
a vendor declaration
train wire
sequential consist
loading form
(b) for the transport of dangerous goods—documentation required to be kept under a dangerous goods regulation.
transport infrastructure includes—
(a) air, busway, light rail, miscellaneous, public marine, rail or road transport infrastructure; and
(b) transport infrastructure relating to ports.
transport interface, for chapter 15A, see section 475ZG.
transport interface agreement, for chapter 15A, see section 475ZG.
transport interface issue, for chapter 15A, see section 475ZG.
transport interface management area, for chapter 15A, see section 475ZG.
transport interface object, for chapter 15A, see section 475ZG.
transport Minister, for chapter 8, part 3C, see section 283I.
transport purpose includes any purpose for which the Minister is responsible.
transport reasons, for chapter 8, part 3C, see section 283I.
Treasurer means the Minister who administers the Financial Accountability Act 2009.
Urban Land Development Authority means the Urban Land Development Authority established under the Urban Land Development Act 2007.
user administration charge—
(a) for chapter 6, part 7—see section 92; or
(b) for chapter 6, part 8—see section 105B.
valid account, for an E toll system operating for a toll road or local government tollway, means an account that—
(a) has been established by a person for using the E toll system; and
(b) is, under the arrangements under which the account was established, available to be operated for using the toll road or local government tollway.
valuable features, for chapter 8, part 3C, see section 283I.
vehicle, see the Transport Operations (Road Use Management) Act 1995.
vessel, for chapter 8, see section 267.
visitor centre, for schedule 5B, see schedule 5B, part 1.
warehouse (general), for schedule 5B, see schedule 5B, part 1.
watercourse includes a lake, spring, stream or swale.
watercourse crossing see section 477F.
watercraft includes any thing that is water traffic or a device, for example, a sailboard, used for the movement of persons who are on or in water.
Water Supply Act, for chapter 8, part 4D, see section 289R.
water traffic includes a hovercraft and a vehicle, person, aircraft or other craft on or in water.
waterway transport management plan see section 472(1).
wild river area see the Wild Rivers Act 2005, schedule.
wilfully means deliberately or recklessly.
wind farm, for schedule 5B, see schedule 5B, part 1.
works includes activities.