TRANSPORT PLANNING AND COORDINATION ACT 1994 Reprinted as in force on 14 April 2011 Reprint No. 8 > TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 2. Objectives 3. Definitions Part 2--Transport coordination plan 4. Development of transport coordination plan 5. Contents of transport coordination plan 6. Transport coordination plan to be consistent with overall strategic planning for government etc. 7. Tabling of transport coordination plan 8. Effect of failure to comply with pt 2 Part 2A--Land use and transport coordination 8A. Object of pt 2A 8B. Impact of particular development on public passenger transport or active transport 8C. Impact of road works on local government road 8D. Impact of change of management of local government road on public passenger transport 8E. Guidelines for pt 2A Part 4--Functions, powers and property 22. Chief executive's coordination and strategic planning functions 23. Functions of chief executive not limited by implication 24. General powers of chief executive 25. General powers regarding property 26. Taking of land by the chief executive for future transport purposes 26A. Changing requirement for transport land 27. Power of chief executive to lease, sell or otherwise dispose of land for transport purpose 27A. Power of chief executive to dispose of land 28. Matters affecting compensation payable 28AA. Declaration of area to be prescribed transit node Part 4A--Special provisions for busways 28A. Definitions for pt 4A 28B. Busway land acquisition 28BA. Further provisions relating to land acquisitions for busways on or after 13 October 2000 28C. Construction contracts Part 4B--Special provision for local government tollways 28D. Powers regarding property 28DA. Approved tollway project becomes local government tollway Part 5--Review of and appeals against decisions Division 1--General 29. What part applies to 30. Definitions Division 2--Review of original decisions 31. Applying for review 32. Stay of operation of original decision 33. Review panels 34. Decision on review Division 3--Appeals against reviewed decisions 34A. Application of div 3 35. Time for making appeals 36. Starting appeals 36A. Stay of operation of reviewed decision 36B. Powers of appeal court on appeal 36C. Effect of decision of appeal court on appeal 36D. Assessors Part 6--General 36E. Advisory committees 36F. Keeping and using information obtained or kept under particular transport Acts or Adult Proof of Age Card Act 2008 36G. Smartcard transport authority 37. Delegation by the Minister or the chief executive 38. Regulation-making power Part 7--Transitional provision 39. Transitional provision for Transport and Other Legislation Amendment Act (No. 2) 2010 Endnotes - LONG TITLE An Act about the planning and coordination of transport, and other matters for which the Minister is responsible 1 Short title This Act may be cited as the Transport Planning and Coordination Act 1994. 2 Objectives The objectives of this Act are, within the government's overall policy agenda, to improve— (a) the economic, trade and regional development performance of Queensland; and (b) the quality of life of Queenslanders; by achieving overall transport effectiveness and efficiency through strategic planning and management of transport resources. 3 Definitions In this Act— busway transport infrastructure has the meaning given in the Transport Infrastructure Act 1994, schedule 6. complementary purposes, for the purposes of transport land, includes purposes for a transport associated development. ferry service see the Transport Operations (Passenger Transport) Act 1994, schedule 3. franchised road see the Transport Infrastructure Act 1994, schedule 6. IDAS see the Sustainable Planning Act 2009, section 230. light rail transport infrastructure has the meaning given in the Transport Infrastructure Act 1994, schedule 6. local government road means a road under the control of a local government. prescribed transit node means an area declared under a regulation to be a prescribed transit node. public passenger service see the Transport Operations (Passenger Transport) Act 1994, schedule 3. public passenger transport means the carriage of passengers by a public passenger service using a public passenger vehicle. public passenger transport infrastructure means infrastructure for or associated with the provision of public passenger transport, including, but not limited to, the following— (a) a transit terminal for public passenger services; Examples— an airport terminal, a coach terminal, a cruise ship terminal (b) a ferry terminal, jetty, pontoon or landing for ferry services; (c) a bus stop, bus shelter, bus station or bus lay-by; (d) a busway station; (e) a light rail station; (f) a taxi rank, limousine rank or limousine standing area; (g) a railway station; (h) vehicle parking and set-down facilities; (i) pedestrian and bicycle paths and bicycle facilities; (j) a road on which a public passenger service operates. public passenger vehicle see the Transport Operations (Passenger Transport) Act 1994, schedule 3. road, for part 2A, see the Transport Infrastructure Act 1994, schedule 6, definition road, paragraphs (c) and (d). road works see the Transport Infrastructure Act 1994, schedule 6. scheduled passenger service see the Transport Operations (Passenger Transport) Act 1994, schedule 3. toll road see the Transport Infrastructure Act 1994, section 92. transport Act means an Act administered by the Minister, and includes this Act and the Transport Operations (TransLink Transit Authority) Act 2008. transport associated development means a development that— (a) primarily is or, when constructed, will be a development that supports the object of part 2A; and (b) includes, or will include, commercial, community, educational, government, high or medium density residential, medical, retail or recreational facilities, places of worship or open or recreational spaces. transport GOC means— (a) a rail GOC or GOC port authority within the meaning of the Transport Infrastructure Act 1994; or (b) any other GOC or candidate GOC (within the meaning of the Government Owned Corporations Act 1993), on which functions are conferred under the Transport Infrastructure Act 1994. transport land means land that— (a) has been acquired for transport purposes or for an incidental or complementary purpose; and (b) is required for— (i) the operations of a transport GOC; or (ii) franchised road or toll road purposes; or (iii) the operations of a rail infrastructure manager as defined under the Transport (Rail Safety) Act 2010 who is accredited under that Act; or (iv) busway transport infrastructure or bus passenger services; or (v) light rail transport infrastructure or light rail passenger services; or (vi) a transport associated development. transport purpose includes any purpose for which the Minister is responsible. 4 Development of transport coordination plan (1) 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. (2) In developing a transport coordination plan, the chief executive must take reasonable steps to engage in public consultation. (3) 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. (4) 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. (5) 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. 5 Contents of transport coordination plan (1) A transport coordination plan must include— (a) a statement of the specific objectives sought to be achieved by the plan; and (b) criteria for deciding priorities for spending on transport; and (c) appropriate performance indicators for deciding whether, and to what extent, the objectives of the plan have been achieved. (2) A transport coordination plan must also provide— (a) an adequate framework for the coordinated planning for transport; and (b) a way of achieving effective and efficient use of land for transport purposes. 6 Transport coordination plan to be consistent with overall strategic planning for government etc. Each transport coordination plan must— (a) be consistent with the government's overall strategic planning for Queensland; and (b) take into account— (i) national transport strategies; and (ii) regional transport and other development strategies; and (iii) local government interests; and (iv) the government's land use planning; and (v) the government's environmental policies. 7 Tabling of transport coordination plan 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. 8 Effect of failure to comply with pt 2 (1) It is Parliament's intention that this part be complied with. (2) However— (a) 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 (b) failure to comply with this part does not affect the validity of anything done or not done under this Act or another Act. (3) In addition, a decision made, or appearing to be made, under this part— (a) is final and conclusive; and (b) 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 (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground. (4) In this section— decision includes— (a) conduct engaged in to make a decision; and (b) conduct related to making a decision; and (c) failure to make a decision. 8A Object of pt 2A (1) The object of this part is to enable the chief executive to encourage increased integration between land use and transport. (2) The way the object is to be achieved includes— (a) ensuring, as far as practicable, development does not have a significant adverse impact on any of the following— (i) existing or future public passenger transport; (ii) existing or future public passenger transport infrastructure; and (b) ensuring development addresses any impacts on the development from environmental emissions generated by any of the following— (i) existing or future public passenger transport; (ii) existing or future public passenger transport infrastructure; and Examples of environmental emissions— air particles, fumes, light, noise (c) 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 (d) promoting urban development that maximises the use of public passenger transport; and (e) increasing opportunities for people to access public passenger transport, including access by cycling and walking; and (f) ensuring, as far as practicable, the provision of public passenger transport infrastructure to support public passenger transport; and (g) ensuring development supports active transport; and (h) ensuring, as far as practicable, the provision of active transport infrastructure to support active transport. (3) In this section— active transport means physical activity undertaken as a means of transport from 1 place to another, including the following— (a) cycling; (b) walking; (c) 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) a path or walkway for use by pedestrians; (b) a path, lane or other infrastructure for use by cyclists; (c) a device or facility designed and constructed for parking bicycles; (d) 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— (a) showers, toilets or wash basins; (b) areas for changing clothes; (c) facilities used for grooming purposes, including, for example, mirrors, hair dryers, ironing equipment or outlets for hair dryers and other electrical equipment; (d) facilities for washing or drying clothes; (e) service for the provision of towels; (f) storage facilities for clothing or equipment; (g) drinking facilities; (h) 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. 8B Impact of particular development on public passenger transport or active transport (1) This section applies if the chief executive is an assessment manager or a referral agency under the Sustainable Planning Act 2009 for a development application under that Act. (2) For performing the chief executive's functions as assessment manager or referral agency, the chief executive must consider the extent to which the proposed development satisfies the objectives of this part. (3) Subsection (2) is in addition to, and does not limit, the Sustainable Planning Act 2009, section 282 and chapter 6, part 5, division 2. 8C Impact of road works on local government road (1) This section applies in relation to road works on a local government road if the road works— (a) are to be carried out on a road that forms part of a route used for a public passenger service; or (b) will do either of the following while the works are being carried out or when the works are finished— (i) restrict or limit access to public passenger transport infrastructure; (ii) result in the removal of public passenger transport infrastructure. (2) However, this section applies in relation to a route used for a public passenger service only if the chief executive advises the relevant local government, in writing, that a code for IDAS applies to the route. (3) Without limiting subsection (2), the chief executive may identify as a route to which a code for IDAS applies— (a) a route used for a scheduled passenger service; or (b) a route identified in a passenger transport implementation strategy or program under the Transport Operations (Passenger Transport) Act 1994. (4) A person who undertakes road works on a local government road to which this section applies must comply with a code for IDAS prescribed under a regulation for this section. 8D Impact of change of management of local government road on public passenger transport (1) A local government must apply to the chief executive to obtain the chief executive's written approval to make a change to the management of— (a) a local government road on which a scheduled passenger service identified in the guidelines under section 8E as a significant scheduled passenger service is provided; or (b) another local government road if the change would, if made, have a significant adverse impact on the provision of public passenger transport. (2) 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 is a change that would have a significant adverse impact on the provision of public passenger transport— (a) the route that may be taken for, or the number of stops that may be made during, a scheduled passenger service; (b) the frequency of a scheduled journey for a scheduled passenger service; (c) the time taken to complete a scheduled journey for a scheduled passenger service. Examples of changes that may adversely affect something 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 (3) The application must be made at least 21 days before the proposed change is to take effect. (4) The chief executive— (a) must consider the application within— (i) 21 days after receiving it; or (ii) the longer time notified to the local government by the chief executive, in writing, before the end of the 21 days; and (b) may— (i) approve the proposed change, with or without conditions; or (ii) refuse to approve the proposed change. (5) The chief executive must give the local government written notice of the chief executive's decision on the application. (6) 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— (a) approve the proposed change; (b) refuse to approve the proposed change; (c) give the local government a notice under subsection (4)(a)(ii). (7) Part 5 applies to a decision of the chief executive under subsection (4) (b). (8) This section does not apply if— (a) the chief executive has considered the change of management of the local government road as part of the chief executive's consideration of a development application under IDAS; or (b) 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. 8E Guidelines for pt 2A (1) The chief executive may make guidelines— (a) about a matter mentioned in section 8A; or (b) for the purposes of sections 8B to 8D. (2) The guidelines may also— (a) identify a particular transport facility, transport corridor or parcel of land; and (b) include other matters relevant to subsection (1)(a) or (b). (3) A person must have regard to relevant guidelines when— (a) planning or carrying out development under the Sustainable Planning Act 2009; or (b) making changes to the management of a local government road; or (c) making proposals in relation to the provision of public passenger transport. (4) The chief executive must give a copy of the following to every local government affected by the guidelines— (a) the guidelines; (b) any amendment of the guidelines. (5) In this section— transport corridor includes a future transport corridor. transport facility includes a future transport facility. 22 Chief executive's coordination and strategic planning functions (1) The chief executive's functions under the transport Acts include— (a) coordinating the strategic planning and operation of integrated transport systems in the State; and (b) managing the allocation of funds to achieve this outcome. (2) Without limiting subsection (1), the chief executive is to achieve the functions mentioned in subsection (1) by— (a) ensuring more effective integration of land use and transport planning by— (i) evaluating the effectiveness of proposed and existing transport systems in the State; and (ii) developing and implementing integrated regional transport plans that complement the objectives of regional and land use plans in the State; and (b) ensuring the effective planning and development of transport infrastructure; and (c) developing and implementing travel demand management initiatives, including marketing and promotion initiatives, to more efficiently use road capacity. 23 Functions of chief executive not limited by implication (1) No transport Act limits, by implication, the chief executive's functions under another Act or law. Note— This Act (and the chief executive's functions under it) does not limit, by implication, the following functions under other Acts or laws— the chief executive's responsibilities as chief executive under the Public Service Act 2008, especially section 98 the chief executive's functions as accountable officer under the Financial Accountability Act 2009, especially section 61 the chief executive's functions, whether at common law or under statute, as the person in control, under the Minister, of a department of government of the State the chief executive's functions under the Transport Infrastructure Act 1994, including, for example, the chief executive's functions for road transport infrastructure, busway transport infrastructure and light rail transport infrastructure under that Act. (2) This section is enacted to remove any doubt about the chief executive's functions. (3) In this section— function includes responsibility. law includes any common law rule. 24 General powers of chief executive (1) The chief executive has, under the Minister and as agent of the State, all the powers of the State that are necessary or desirable for performing the chief executive's functions. (2) Anything done in the name of, or for, the State by the chief executive in performing the chief executive's functions is taken to have been done for, and binds, the State. (3) Without limiting subsection (1), the chief executive may, for example, in performing the chief executive's functions— (a) enter into arrangements, agreements, contracts and deeds; and (b) acquire, hold, deal with and dispose of property; and (c) appoint agents and attorneys; and (d) charge, and fix terms, for goods, services, facilities and information supplied; and (e) seal any document; and (f) do other things necessary or convenient to be done for, or in connection with, the chief executive's functions. (4) Without limiting subsection (1), the chief executive has the powers given to the chief executive under this or another Act or at common law. (5) No transport Act limits, by implication, the powers that the chief executive has under another Act or law, and, in particular, no transport Act prevents, by implication— (a) the chief executive doing anything in trade or commerce; or (b) the chief executive doing anything outside Queensland, including outside Australia. (6) However, the chief executive's powers are subject to any restriction expressly imposed on the chief executive under this or another Act. (7) This section is enacted to remove any doubt about the chief executive's powers. (8) In this section— function includes responsibility. law includes any common law rule. power includes legal capacity. restriction includes prohibition. trade or commerce includes— (a) a business or professional activity; and (b) anything else done for gain or reward. 25 General powers regarding property (1) The chief executive may, for the State, acquire, hold, dispose of or otherwise deal with property for the purposes of transport, for an incidental purpose, for the purpose of a transport associated development or for a combination of these purposes. Note— See subsections (2) and (2A) if land is to be acquired by resumption. (2) The power conferred by subsection (1) includes power to acquire land by resumption in accordance with this part if the land is, in the chief executive's opinion, required for the purposes of transport, for an incidental purpose, for the purpose of a transport associated development or for a combination of these purposes. (2A) If land is acquired by resumption for the purpose of a transport associated development as mentioned in subsection (1) or (2), at the time of acquisition the land must also be acquired for the purposes of transport or for an incidental purpose. (3) Without limiting subsection (1) or (2), the chief executive may, for the State, acquire property for any of the following purposes— (a) the facilitation of transport infrastructure; (b) the supply or improvement of facilities for users of transport infrastructure; (c) the amelioration of negative environmental effects associated with transport infrastructure; (d) the construction or relocation of ancillary works and encroachments and public utility plant within the meaning of the Transport Infrastructure Act 1994, chapter 6. (4) In acquiring land under this part, the chief executive must have regard to any relevant provisions of— (a) the transport coordination plan; and (b) transport infrastructure strategies in force under the Transport Infrastructure Act 1994. (5) The chief executive may have regard to any other matters the chief executive considers relevant. (6) The power to acquire land under this part includes power to acquire land or an easement or other interest in land above or beneath the surface without acquiring rights in the surface. (7) Subsection (6) applies to the acquisition of an easement even though the easement— (a) is not attached to, or used and enjoyed with, a dominant tenement; or (b) must not be used and enjoyed in common with any other person. (8) For the Acquisition of Land Act 1967— (a) the chief executive is a constructing authority within the meaning of that Act; and (b) without limiting the chief executive's powers to take land under that Act, the chief executive, as a constructing authority under that Act, may take land for purposes mentioned in subsections (1), (2) and (3). (9) The chief executive may, as a constructing authority under the Acquisition of Land Act 1967, obtain or resume a lease of State land or some other interest in State land that is less than freehold. (10) If the chief executive issues a notice of intention to resume a lease of State land, or some other interest in State land that is less than freehold, the chief executive must file a copy of the notice in the appropriate land register kept under the Land Act 1994. (11) If the chief executive amends or discontinues a resumption mentioned in subsection (10), the chief executive must immediately file a notice of the amendment or discontinuance in the register. (12) If an acquisition of land by the chief executive would sever land of the owner from other land of the owner, the chief executive may, with the Minister's approval, acquire by agreement or resumption the whole or a part of the severed area. (13) Land acquired under this part may be described in the instrument acquiring the land in any way sufficient to identify the land. 26 Taking of land by the chief executive for future transport purposes An acquisition of land that will be required at some future time for a purpose for which land may be taken under this Act by the chief executive is an acquisition of land for the purposes of this Act even if the time when the land will be required is indefinite or presently can not be worked out. 26A Changing requirement for transport land (1) This section applies to transport land taken under the Acquisition of Land Act 1967 for a particular transport purpose. (2) The Minister may, by gazette notice under this Act, declare that the land is required for another stated transport purpose. (3) The land is taken to have been acquired for the other transport purpose from the day the declaration is published in the gazette. (4) The Acquisition of Land Act 1967, section 41 does not apply to the land because of the change of purpose. (5) This section does not affect any right of a person to compensation because of the acquisition. (6) To remove doubt, it is declared that a declaration under subsection (2)— (a) is not an acquisition of the land; and (b) does not give a right to compensation. 27 Power of chief executive to lease, sell or otherwise dispose of land for transport purpose (1) The chief executive may, for the State, lease, sell or otherwise dispose of transport land— (a) if the land is for busway transport infrastructure or bus passenger services—to any person for busway transport infrastructure or bus passenger services; or (aa) if the land is for franchised road or toll road purposes—to any person for franchised road or toll road purposes; or (b) if the land is for light rail transport infrastructure or light rail passenger services—to any person for light rail transport infrastructure or light rail passenger services; or (ba) if the land is for a combination of purposes (combined purposes) including the purpose of a transport associated development (relevant purpose)—to any person for a relevant purpose, whether or not the person is going to deal with the land for any other purpose included in the combined purposes; or (c) if the land is for a transport purpose other than a purpose mentioned in paragraph (a), (aa), (b) or (ba)—to a transport GOC or railway manager under the Transport Infrastructure Act 1994. (2) Subsection (1) applies despite the Acquisition of Land Act 1967. Note— Subsection (1) would operate, for example, despite any implication in the Acquisition of Land Act 1967 that the chief executive must carry out the development for which land is acquired and despite the requirements of section 41 of that Act. (3) To remove any doubt, it is declared that the power of the chief executive to acquire land by resumption or otherwise under this part applies even if the acquisition is carried out with the intention of disposing of land— (a) under subsection (1); or (b) as mentioned in subsection (1)(aa), (b) or (c) under the Transport Infrastructure Act 1994, section 84C, 240 or 355. (4) Subsection (3) does not limit the power to acquire land under this part. 27A Power of chief executive to dispose of land (1) This section applies if— (a) land has been acquired under this part, and is no longer required by the chief executive as the constructing authority, under the Acquisition of Land Act 1967; and (b) the chief executive intends to offer the land to the former owner. (2) Also, this section applies despite the Acquisition of Land Act 1967, section 41. (3) Subsection (4) applies if the chief executive reasonably believes an easement over all or part of the land is necessary to ensure the structural and operational integrity of transport infrastructure. (4) The chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the easement in favour of the chief executive in the appropriate register. (5) The chief executive must, within 7 years after the date of acquisition, give notice of the chief executive's intention (the chief executive's notice) to offer the land to the former owner. (6) The chief executive's notice must— (a) be in writing; and (b) state that— (i) the chief executive intends to sell the land; and (ii) if the chief executive has registered the easement mentioned in subsection (4)—the easement has been registered and the nature and terms of the easement; and (iii) the former owner must, within 28 days after the notice is given (the relevant time), give written notice to the chief executive (the former owner's notice) about whether the former owner is interested in buying the land; and (iv) if the chief executive does not receive the former owner's notice within the relevant time, the formal offer lapses and the chief executive may dispose of the land subject to any easement mentioned in subsection (3). (7) Subsection (8) applies if the chief executive— (a) receives, within the relevant time, the former owner's notice stating the former owner is not interested in buying the land; or (b) does not receive the former owner's notice within the relevant time. (8) The chief executive may, for the State, dispose of the land subject to any easement in favour of the chief executive. (9) Subsection (10) applies if the chief executive receives, within the relevant time, the former owner's notice stating the former owner is interested in buying the land. (10) The chief executive must offer (the formal offer) the land, subject to any easement, for sale to the former owner at a price (the sale price) decided by the chief executive. (11) The formal offer must be in writing. (12) In deciding the price at the which the land may be sold under subsection (8) or the sale price, the chief executive must take into account— (a) a valuation by a registered valuer; and (b) the policies and systems relating to the management of government assets; and (c) the existence of any easement. (13) A person contracting or otherwise dealing with the chief executive is not concerned to inquire whether the requirements of this section have been complied with, and the title of the person to land acquired from the chief executive is not affected by a failure to comply with the requirements. (14) In this section— former owner see the Acquisition of Land Act 1967, section 41(2). registered valuer means a valuer registered under the Valuers Registration Act 1992. 28 Matters affecting compensation payable Notwithstanding the Acquisition of Land Act 1967, section 20(2), in deciding the amount of compensation payable to a person for land resumed under this part, regard must not be had— (a) to the value of works carried out on the land at a time after a notice of intention to resume the land has been sent to a person entitled to compensation for the land or agreement to acquire has been reached; or (b) to any change in the value of the land as a result of the declaration of a prescribed transit node. 28AA Declaration of area to be prescribed transit node (1) A regulation may declare an area that is used, or is proposed to be used, for purposes of the following to be a prescribed transit node— (a) a busway station; (b) railway station; (c) a station for operating a light rail; (d) another transport facility. (2) For a declaration under subsection (1), the Minister may have regard to planning documents the Minister considers appropriate in relation to the region or local area within which the prescribed transit node is or is to be located. Examples of planning documents— South East Queensland Regional Plan South East Queensland Infrastructure Plan and Program local growth management strategy 28A Definitions for pt 4A In this part— Acquisition Act means the Acquisition of Land Act 1967. agreement means an agreement under the Acquisition Act, section 15(1). 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. commencement means the commencement of section 28B. constructing authority, for a land acquisition, means the constructing authority for the land acquisition under the Acquisition Act. construction contract means a contract concerning the construction of a busway. land acquisition means the taking of land under the authority of this Act and the Acquisition Act if, regardless of the particular purpose for the taking of the land, the taking of land is concerned with the construction or proposed construction of a busway. notice of intention to resume means a notice of intention to resume under the Acquisition Act. taking of land means the taking of land— (a) under a gazette notice under the Acquisition Act, section 9(7), including as amended by any amending gazette notice under section 11 of that Act; or (b) under a gazette notice under the Acquisition Act, section 15(12). 28B Busway land acquisition (1) Subsections (2) and (3) apply to a land acquisition that— (a) happened before the commencement; or (b) happens after the commencement if— (i) the notice of intention to resume for the land acquisition was served before the commencement; or (ii) the date of the agreement for the land acquisition was earlier than the commencement. (2) It is declared that the validity and effectiveness of the land acquisition was not, and is not, affected by— (a) whether the constructing authority was or is, or purported or purports to be— (i) the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or (ii) the chief executive with administrative responsibilities concerning matters connected with roads; or (b) for the application of the Acquisition Act, section 9 or 15, whether the person assuming the role of Minister was or is the Minister mentioned in the Acquisition Act, section 9(1), definition Minister, paragraph (b) or another Minister. (3) It is declared that, despite anything done for the land acquisition, the constructing authority for the acquisition is taken to be, and always to have been, the chief executive with administrative responsibilities concerning matters connected with roads. 28BA Further provisions relating to land acquisitions for busways on or after 13 October 2000 (1) This section applies to a land acquisition that— (a) happened on or after 13 October 2000 and before the relevant date; or (b) happens after the relevant date if— (i) the notice of intention to resume for the land acquisition was served on or after 13 October 2000 and before the relevant date; or (ii) the date of the agreement for the land acquisition was on or after 13 October 2000 and earlier than the relevant date. (2) It is declared that the validity and effectiveness of the land acquisition was not, and is not, affected by— (a) whether the constructing authority was or is, or purported or purports to be— (i) the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or (ii) the chief executive with administrative responsibilities concerning matters connected with roads; or (b) for the application of the Acquisition Act, section 9 or 15—whether the person assuming the role of Minister was or is the Minister mentioned in the Acquisition Act, section 9(1), definition Minister, paragraph (b) or another Minister. (3) It is declared that, despite anything done for the land acquisition, the constructing authority for the acquisition is taken to be, and always to have been, the chief executive with administrative responsibilities concerning matters connected with roads. (4) In this section— relevant date means the date of the commencement of this section. 28C Construction contracts It is declared that the validity and effectiveness of a construction contract entered into before or after the commencement was not, and is not, affected by whether the entity entering into the contract for the State was or is— (a) the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or (b) the chief executive with administrative responsibilities concerning matters connected with roads. 28D Powers regarding property (1) A local government may acquire, hold, dispose of or otherwise deal with land for— (a) an approved tollway project under the Transport Infrastructure Act 1994; or (b) a local government tollway under the Transport Infrastructure Act 1994. (2) Without limiting subsection (1), a local government may— (a) acquire land for an approved tollway project or local government tollway with the intention of disposing of it to another person to operate as a tollway; and (b) dispose of land acquired by the local government for an approved tollway project or local government tollway to another person. (3) The power conferred by subsection (1) includes power to acquire land by taking it under the Acquisition of Land Act 1967 if the land is, in the local government's opinion, required for an approved tollway project or local government tollway, or for an incidental purpose. (4) The power to acquire land under this section includes power to acquire land or an easement or other interest in land above or beneath the surface without acquiring rights in the surface. (5) Subsection (4) applies to the acquisition of an easement even though the easement— (a) is not attached to, or used and enjoyed with, a dominant tenement; or (b) must not be used and enjoyed in common with any other person. (6) A local government acquiring land under this section is a constructing authority within the meaning of the Acquisition of Land Act 1967. (7) If an acquisition of land by a local government would sever land of the owner from other land of the owner, the local government may acquire the whole or a part of the severed area by agreement or by taking the land under the Acquisition of Land Act 1967. (8) Land acquired under this section may be described in the instrument acquiring the land in any way sufficient to identify the land. 28DA Approved tollway project becomes local government tollway (1) This section applies if— (a) a local government has started acquiring land for an approved tollway project as mentioned in section 28D; and (b) before the acquisition is complete, a local government tollway is declared for the approved tollway project. (2) The acquisition is not affected by the declaration of the local government tollway and the local government may continue the acquisition as if the declaration had not been made. 29 What part applies to This part applies if a transport Act states that this part applies to— (a) a review, by the chief executive, of a decision (the original decision) under the transport Act; or (b) an appeal to a court stated in the transport Act (the appeal court) against a reviewed decision. 30 Definitions In this part— appeal court see section 29(b). chief executive means, if the original decision is made by the commissioner of the police service under the Transport Operations (Road Use Management) Act 1995, section 43—the commissioner. original decision see section 29(a). reviewed decision see section 34. 31 Applying for review (1) A person may apply for a review of an original decision only within 28 days after notice of the original decision was given to the person under the transport Act. (2) However, if— (a) the notice did not state the reasons for the original decision; and (b) the person asked for a statement of the reasons within the 28 days mentioned in subsection (1); the person may apply within 28 days after the person is given the statement of the reasons. (3) In addition, the chief executive may extend the period for applying. (4) An application must be written and state in detail the grounds on which the person wants the original decision to be reviewed. 32 Stay of operation of original decision (1) If a person applies for review of an original decision, the person may immediately apply for a stay of the decision to the relevant entity. (2) The relevant entity may stay the original decision to secure the effectiveness of the review and any later appeal to or review by the relevant entity. (3) In setting the time for hearing the application, the relevant entity must allow at least 3 business days between the day the application is filed with it and the hearing day. (4) The chief executive is a party to the application. (5) The person must serve a copy of the application showing the time and place of the hearing and any document filed in the relevant entity with it on the chief executive at least 2 business days before the hearing. (6) The stay— (a) may be given on conditions the relevant entity considers appropriate; and (b) operates for the period specified by the relevant entity; and (c) may be revoked or amended by the relevant entity. (7) The period of a stay under this section must not extend past the time when the chief executive reviews the original decision and any later period the relevant entity allows the applicant to enable the applicant to appeal against the decision or apply for a review of the decision as provided under the QCAT Act. (8) The making of an application does not affect the original decision, or the carrying out of the original decision, unless it is stayed. (9) In this section— relevant entity means— (a) if the reviewed decision may be reviewed by QCAT—QCAT; or (b) if the reviewed decision may be appealed to the appeal court—the appeal court. 33 Review panels (1) The chief executive may establish review panels for this part. (2) Subject to subsection (5), a review panel consists of persons nominated by the chief executive. (3) A member of a review panel may be paid the fees and allowances decided by the Governor in Council. (4) The chief executive may refer an application for a review of an original decision to a review panel for advice. (5) The person who made the original decision can not be a member of a review panel reviewing the decision. 34 Decision on review (1) A decision on an application for review of an original decision must be made within 28 days after the application is made. (2) If the chief executive was not the original decision maker, the chief executive, in reviewing the decision, has the same powers as the original decision maker. (3) If within the 28 days, the chief executive confirms or amends the original decision or substitutes another decision, the chief executive must give the applicant written notice (the decision notice) of the confirmed, amended or substituted decision (the reviewed decision). (4) If the reviewed decision is not the decision sought by the applicant for the review, the decision notice— (a) for a reviewed decision that may be reviewed by QCAT—must comply with the QCAT Act, section 157(2); or (b) for a reviewed decision that may be appealed to the appeal court—must state— (i) the reasons for the reviewed decision; and (ii) that the applicant may, within 28 days, appeal against the reviewed decision to the appeal court. (5) However, if a decision is not made on the application within the 28 days, the chief executive is taken to have made a decision (also the reviewed decision) at the end of the 28 days confirming the original decision and the reasons given for it. (6) In applying to QCAT for a review or appealing to the appeal court, the decision subject to review or appeal is the reviewed decision and not the original decision. 34A Application of div 3 This division does not apply to a reviewed decision if, under the transport Act providing for the review, a person may apply to QCAT for a review of the reviewed decision. 35 Time for making appeals (1) A person may appeal against a reviewed decision only within— (a) if a decision notice is given to the person—28 days after the notice was given to the person; or (b) if the chief executive is taken to have confirmed the decision under section 34(5)—56 days after the application was made. (2) However, if— (a) the decision notice did not state the reasons for the decision; and (b) the person asked for a statement of the reasons within the 28 days mentioned in subsection (1)(a); the person may apply within 28 days after the person is given a statement of the reasons. (3) Also, the appeal court may extend the period for appealing. 36 Starting appeals (1) An appeal must be started by— (a) filing a written notice of appeal with the appeal court; and (b) serving a copy of the notice on the chief executive. (2) An appeal to a Magistrates Court or District Court may be made to the Magistrates Court or District Court nearest the place where the applicant resides or carries on business. 36A Stay of operation of reviewed decision (1) If a person appeals against a reviewed decision to the appeal court, the person may immediately apply to the appeal court for a stay of the decision. (2) The appeal court may stay the reviewed decision to secure the effectiveness of the appeal. (3) In setting the time for hearing the stay application, the appeal court must allow at least 3 business days between the day the application is filed with it and the hearing day. (4) The chief executive is a party to the application. (5) The person must serve a copy of the application showing the time and place of the hearing and any document filed in the appeal court with it on the chief executive at least 2 business days before the hearing. (6) The stay— (a) may be given on conditions that the appeal court considers appropriate; and (b) operates for the period specified by the appeal court, but not extending past the time when the court decides the appeal; and (c) may be revoked or amended by the appeal court. (7) Apart from a stay of the operation of a decision, an appeal does not affect the operation or carrying out of the decision. 36B Powers of appeal court on appeal (1) In deciding an appeal against a reviewed decision, the appeal court— (a) has the same powers as the person who made the original decision; and (b) is not bound by the rules of evidence; and (c) must comply with natural justice; and (d) may hear the appeal in court or in chambers. (2) An appeal is by way of rehearing. (3) The appeal court may— (a) confirm the reviewed decision; or (b) set aside the reviewed decision and substitute another decision that it considers appropriate; or (c) set aside the reviewed decision and return the issue to the person who made the original decision with the directions that it considers appropriate. 36C Effect of decision of appeal court on appeal If the appeal court substitutes another decision for the reviewed decision, the substituted decision is, for the relevant provision of the transport Act, taken to be that of the person who made the original decision. 36D Assessors If the judge hearing an appeal in a District Court is of the opinion that the appeal against a reviewed decision involves a question of special knowledge and skill, the judge may appoint 1 or more assessors to help the judge in deciding the appeal. 36E Advisory committees (1) The Minister may establish as many advisory committees as the Minister considers appropriate for the administration of a transport Act. (2) An advisory committee has the functions the Minister decides. (3) A member of an advisory committee may be paid the fees and allowances decided by the Governor in Council. 36F Keeping and using information obtained or kept under particular transport Acts or Adult Proof of Age Card Act 2008 (1) The chief executive may, for a particular transport Act, keep or use information obtained or kept under another particular transport Act or the Adult Proof of Age Card Act 2008 if the information— (a) relates to any matter under the particular transport Act; or (b) concerns the administration of the particular transport Act. (2) The general manager under the Maritime Safety Queensland Act 2002 may, for the Transport Operations (Marine Safety) Act 1994, keep or use information obtained or kept under another particular transport Act or the Adult Proof of Age Card Act 2008 if the information— (a) relates to any matter under the Transport Operations (Marine Safety) Act 1994; or (b) concerns the administration of the Transport Operations (Marine Safety) Act 1994. (3) Information that may be kept or used under subsection (1) or (2) does not include a digital photo and digitised signature. (4) This section applies despite a provision of another Act. (5) In this section— digital photo means a facial image encoded in a digital form. digitised signature means a person's signature encoded in a digital image form. particular transport Act means— (a) the Tow Truck Act 1973; or (b) the Transport Infrastructure Act 1994; or (c) the Transport Operations (Marine Safety) Act 1994; or (d) the Transport Operations (Passenger Transport) Act 1994; or (e) the Transport Operations (Road Use Management) Act 1995; or (f) the Transport Security (Counter-Terrorism) Act 2008. 36G Smartcard transport authority (1) The chief executive may issue to a person a smartcard (smartcard transport authority) evidencing 1 or more transport authorities held by the person and containing information about the authorities. (2) A regulation may provide for the following— (a) information that may be included on the smartcard; (b) a PIN to be used by the holder of the smartcard as a security measure to protect information stored electronically on it; (c) verification of a person's connection to the person's most recent digital photo relating to a smartcard transport authority. (3) In this section— smartcard means a document in the form of a card or something similar approved by the chief executive, and on which information may be stored electronically. transport authority means— (a) a driver's certificate or an assistant's certificate under the Tow Truck Act 1973; or (b) driver authorisation under the Transport Operations (Passenger Transport) Act 1994; or (c) a prescribed authority (other than a Queensland driver licence) under the Transport Operations (Road Use Management) Act 1995. 37 Delegation by the Minister or the chief executive (1) The Minister or the chief executive (the delegator) may delegate to a person a function or power of the delegator under this or another Act. (2) A function or power may be subdelegated if the delegation allows the subdelegation of the function or power. 38 Regulation-making power (1) The Governor in Council may make regulations for the purposes of this Act. (2) Without limiting subsection (1), a regulation may be made about— (a) a code for IDAS for proposed activities mentioned in part 2A; or (b) consideration, whether monetary or otherwise, to be given to compensate the chief executive in taking action to rectify the impact a proposed activity mentioned in part 2A will have; or (c) action to be taken to rectify the impact a proposed activity mentioned in part 2A will have. 39 Transitional provision for Transport and Other Legislation Amendment Act (No. 2) 2010 The amendment of the Transport Planning and Coordination Regulation 2005 by the Transport and Other Legislation Amendment Act (No. 2) 2010 does not affect the power of the Governor in Council to further amend the regulation or to repeal it. - NOTES Page Date to which amendments incorporated 43 Key 44 Table of reprints 44 Tables in earlier reprints 45 List of legislation 45 List of annotations 49 Table of corrected minor errors 55 Table of renumbered provisions 55 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 14 April 2011. Future amendments of the Transport Planning and Coordination Act 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 none 15 April 1994 27 April 1994 2 1994 Act No. 32 1 July 1994 19 July 1994 3 1995 Act No. 32 1 July 1995 7 July 1995 4 1995 Act No. 57 15 December 1995 29 January 1996 4A 1996 Act No. 37 1 December 1996 21 March 1997 4B 1997 Act No. 66 12 December 1997 13 January 1998 5 1997 Act No. 66 12 December 1997 14 January 1998 5A 2000 Act No. 40 21 December 2001 11 January 2002 5B 2002 Act No. 15 24 June 2002 24 June 2002 Reprint No. Amendments included Effective Notes 5C 2000 Act No. 40 14 October 2002 Reprint No. Amendments included Effective Notes 5D 1994 Act No. 8 (amd 2003 1 December 2003 Act No. 54) 5E 2004 Act No. 9 20 May 2004 5F 2004 Act No. 40 19 September 2005 5G 2005 Act No. 49 2 November 2005 5H 2005 Act No. 67 27 January 2006 5I rv 2006 Act No. 21 17 May 2006 5J 2007 Act No. 6 1 June 2007 5K 2007 Act No. 36 29 August 2007 6 2007 Act No. 43 25 October 2007 6A 2008 Act No. 31 21 May 2008 6B 2008 Act No. 32 1 July 2008 6C 2007 Act No. 10 1 October 2008 6D 2008 Act No. 67 1 December 2008 R6D withdrawn, see R7 7 — 1 December 2008 7A 2009 Act No. 9 1 July 2009 7B 2009 Act No. 25 2 November 2009 7C 2009 Act No. 47 19 November 2009 7D 2009 Act No. 24 1 December 2009 7E 2009 Act No. 36 18 December 2009 7F 2010 Act No. 13 1 April 2010 7G 2010 Act No. 19 23 May 2010 7H 2010 Act No. 13 24 July 2010 7I 2010 Act No. 6 1 September 2010 7J 2010 Act No. 39 20 September 2010 8 2011 Act No. 12 14 April 2011 Name of table Reprint No. Obsolete and redundant provisions 3 Renumbered provisions 4 Provision Description 8D(2), example before '(a), (b) or (c)' ins 'paragraph' Previous Renumbered as 3 2 4 3 5 4 6 5 7 6 7(aa) 7(b) 7(b) 7(c) 8 7 8A 8 pt 2A pt 3 8AA 9 8AB 10 8AC 11 8AD 12 8AE 13 8AF 14 8AG 15 8AH 16 8AI 17 8AJ 18 8AK 19 8AL 20 8AM 21 8AN 22 pt 3 pt 4 8B 23 9 24 10 25 11 26 12 27 13 28 pt 4 pt 5 15 29 16 30 17 31 18 32 19 33 20 34 22 35 24 36 pt 5 pt 6 25 37 26 38 >