New South Wales Consolidated Acts

TRANSPORT ADMINISTRATION ACT 1988

- As at 26 November 2008
- Act 109 of 1988

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3A.     Metropolitan rail area

   PART 2 - RAIL CORPORATION NEW SOUTH WALES

           Division 1 - Constitution of RailCorp as statutory SOC

   4.      Establishment of RailCorp as statutory State owned corporation

           Division 2 - Objectives of RailCorp

   5.      Objectives of RailCorp

           Division 3 - Functions of RailCorp

   6.      Railway passenger services
   7.      Rail infrastructure functions
   8.      Metropolitan rail area access functions
   9.      Other transport services
   10.     Other functions of RailCorp
   11.     Acquisition of land by RailCorp
   12.     Effect of Division

           Division 4 - Management of RailCorp

   13.     Board of directors of RailCorp
   14.     Chief executive officer
   15.     Acting chief executive officer
   16.     Ministerial directions

           Division 5 - General

   17.     Foundation charter of RailCorp
   17A.    Restrictions relating to shareholdings
   17B.    Dividends and tax-equivalents
   17C.    Statement of corporate intent
   17D.    Payments to RailCorp
   17E.    Exemption from State taxes
   17F.    Appeals to Transport Appeal Boards

   PART 2A - TRANSPORT INFRASTRUCTURE DEVELOPMENT CORPORATION

           Division 1 - Interpretation

   18.     Definitions

           Division 2 - Constitution of Transport Infrastructure Development Corporation as statutory SOC

   18A.    Establishment of Transport Infrastructure Development Corporation as statutory State owned corporation

           Division 3 - Objectives of Transport Infrastructure Development Corporation

   18B.    Objectives of Transport Infrastructure Development Corporation

           Division 4 - Functions of Transport Infrastructure Development Corporation

   18C.    Development of railway systems and other transport projects
   18D.    Other functions of Transport Infrastructure Development Corporation
   18E.    Functions relating to development projects
   18F.    Acquisition of land by Transport Infrastructure Development Corporation
   18G.    Effect of Division

           Division 5 - Management of Transport Infrastructure Development Corporation

   18H.    Board of directors of Transport Infrastructure Development Corporation
   18I.    Chief executive officer
   18J.    Acting chief executive officer

           Division 6 - General

   18K.    Foundation charter of Transport Infrastructure Development Corporation
   18L.    Restrictions relating to shareholdings
   18M.    Dividends and tax-equivalents
   18N.    Statement of corporate intent
   18O.    Exemption from State taxes
   19.     (Repealed)

   PART 2B - RAIL INFRASTRUCTURE CORPORATION

           19A, 19B. (Repealed)
   19C.    Establishment of RIC as statutory State owned corporation
   19D.    Objectives of RIC
   19E.    Functions of RIC
   19F.    (Repealed)
   19FA.   Ministerial control
           19FB-19K. (Repealed)
   19L.    Restriction on sale of shares
   19M.    (Repealed)
   19N.    Foundation charter of Rail Infrastructure Corporation for purposes of SOC Act
   19NA.   Board of directors of RIC
           19O-19Q. (Repealed)
   19R.    Chief executive officer
   19S.    Acting chief executive officer
   19T.    Dividends
           19U-19AH. (Repealed)

   PART 3 - STATE TRANSIT AUTHORITY

           Division 1 - Constitution of State Transit Authority

   20.     Constitution of STA

           Division 1A - Objectives of State Transit Authority

   20A.    Objectives of STA

           Division 2 - General functions of State Transit Authority

   21.     Bus services
   22.     Newcastle ferry services
   23.     (Repealed)
   24.     Miscellaneous functions of STA

           Division 3 - Management of State Transit Authority

   25.     Constitution of STA Board
   26.     Board to determine policies of STA
   27.     Chief Executive of STA
   28.     Chief Executive to manage STA
   29.     Ministerial control
   30.     STA to supply information to Minister
   31.     Corporate plans
   32.     Exercise of functions through subsidiary corporations, joint ventures etc
   33.     Public subsidiary corporations
   34.     Private subsidiary corporations etc
   35.     Delegation of functions of STA

   PART 3A - SYDNEY FERRIES

           Division 1 - Constitution of Sydney Ferries as statutory SOC

   35A.    Establishment of Sydney Ferries as statutory State owned corporation

           Division 2 - Objectives of Sydney Ferries

   35B.    Objectives of Sydney Ferries

           Division 3 - Functions of Sydney Ferries

   35C.    Sydney ferry services
   35D.    Other transport services
   35E.    Other functions of Sydney Ferries
   35F.    Acquisition of land by Sydney Ferries
   35G.    Effect of Division

           Division 4 - Management of Sydney Ferries

   35H.    Board of directors of Sydney Ferries
   35I.    Chief executive officer
   35J.    Acting chief executive officer
   35K.    Ministerial directions

           Division 5 - General

   35L.    Foundation charter of Sydney Ferries
   35M.    Restrictions relating to shareholdings
   35N.    Dividends and tax-equivalents
   35O.    Statement of corporate intent
   35P.    Payments to Sydney Ferries
   35Q.    Appeals to Transport Appeal Boards

   PART 3B - PUBLIC TRANSPORT TICKETING CORPORATION

           Division 1 - Constitution of Public Transport Ticketing Corporation

   35R.    Establishment of Public Transport Ticketing Corporation

           Division 2 - Objectives of Public Transport Ticketing Corporation

   35S.    Objectives of Public Transport Ticketing Corporation

           Division 3 - Functions of Public Transport Ticketing Corporation

   35T.    Functions of Public Transport Ticketing Corporation

           Division 4 - Management of Public Transport Ticketing Corporation

   35U.    Constitution of Public Transport Ticketing Corporation Board
   35V.    Board to determine policies of Public Transport Ticketing Corporation
   35W.    Chief Executive Officer of Public Transport Ticketing Corporation
   35X.    Chief Executive Officer to manage Public Transport Ticketing Corporation
   35Y.    Ministerial control
   35Z.    Public Transport Ticketing Corporation to supply information to Minister
   35ZA.   Corporate plans
   35ZB.   Delegation of functions of Public Transport Ticketing Corporation

           Division 5 - Financial provisions relating to Public Transport Ticketing Corporation

   35ZC.   Public Transport Ticketing Corporation Fund
   35ZD.   Payment of dividend to Treasurer
   35ZE.   Application of certain financial provisions
   35ZF.   State taxation

           Division 6 - General

   35ZG.   Disclosure of information
   35ZH.   Criminal records checks
   35ZI.   (Repealed)
   35ZJ.   Transfer of certain assets, rights and liabilities to Public Transport Ticketing Corporation
   35ZK.   Application of certain provisions
   35ZL.   Amendment of Public Finance and Audit Act 1983 No 152
   35ZM.   Conversion of Public Transport Ticketing Corporation into a statutory SOC

   PART 4 - DIRECTOR-GENERAL OF THE MINISTRY OF TRANSPORT

   36.     References to functions of Director-General
   37.     Functions relating to the licensing and regulation of public passenger vehicles or ferries
   37A.    (Repealed)
   38.     Functions of ensuring provision of appropriate passenger services
   39.     Government subsidised travel schemes
   40.     Delegation
   41.     Ministerial control
   42.     (Repealed)

   PART 4A - INDEPENDENT TRANSPORT SAFETY AND RELIABILITY REGULATOR

           Division 1 - Interpretation

   42A.    Definitions

           Division 2 - Constitution of Independent Transport Safety and Reliability Regulator

   42B.    Constitution of Independent Transport Safety and Reliability Regulator

           Division 3 - Charter of Independent Transport Safety and Reliability Regulator

   42C.    Objectives of ITSRR
   42D.    General functions of ITSRR
   42E.    ITSRR may advise on and monitor safety and reliability
   42F.    Auditing of transport authorities and owners and operators of transport services
   42G.    Reports to Minister on performance
   42H.    (Repealed)
   42I.    Power of ITSRR to give directions relating to transport services
   42J.    Duties of authorities and owners and operators to co-operate with ITSRR
   42K.    ITSRR may settle certain rail access disputes
   42L.    Disclosure of information by ITSRR

           Division 4 - Management of Independent Transport Safety and Reliability Regulator

   42M.    Chief Executive of ITSRR
   42N.    Chief Executive to manage and control affairs of ITSRR
   42O.    Acting Chief Executive
   42P.    Limitations on Ministerial control of ITSRR
   42Q.    Delegation of functions of ITSRR

           Division 5 - (Repealed)
           None

           Division 6 - Independent Transport Safety and Reliability Advisory Board

   42T.    Independent Transport Safety and Reliability Advisory Board
   42U.    General functions of Board
   42V.    (Repealed)

           Division 7 - Review

   42W.    Review of amendments

   PART 5 - TRANSPORT ADVISORY GROUP

   43.     Constitution of Transport Advisory Group
   44.     Functions of Transport Advisory Group

   PART 5A - CHIEF INVESTIGATOR OF THE OFFICE OF TRANSPORT SAFETY INVESTIGATIONS

   45.     Chief Investigator
   45A.    General functions of Chief Investigator
   45B.    No Ministerial control of Chief Investigator
   45C.    Disclosure of information by Chief Investigator
   45D.    Acting Chief Investigator
   45DA.   Delegation of functions of Chief Investigator

   PART 6 - ROADS AND TRAFFIC AUTHORITY

           Division 1 - Interpretation

   45E.    Interpretation

           Division 1A - Constitution and management of Roads and Traffic Authority

   46.     Constitution of RTA
   47.     Chief Executive of RTA
   48.     Chief Executive to manage and control affairs of RTA
   49.     Ministerial control

           Division 1B - Functions of Roads and Traffic Authority

   50.     Delegation
   51.     Exercise of functions through subsidiary corporations, joint ventures etc
   52.     Private subsidiary corporations etc
   52A.    Functions relating to traffic management and safety
   53.     Miscellaneous functions of RTA

           Division 1C - Directions and recommendations to public authorities

   53A.    Directions to public authorities
   53B.    Recommendations as to lighting of roads and road related areas
   53C.    Inter-relationship of Division with law relating to local government

           Division 2 - Roads and Traffic Advisory Council

   54.     Constitution of Council
   55.     Functions of Council

   PART 7 - PROVISIONS RELATING TO CERTAIN STAFF

           Division 1 - Regulations relating to staff employed in connection with an Authority or ITSRR

   56.     Application of Division
   57.     Regulations relating to staff to which this Division applies
   58.     Extended leave

           Division 2 - Staff of Chief Investigator

   59.     Employment of staff
           59A-59C. (Repealed)
   60.     Salary, wages and conditions of staff
   61.     Regulations relating to staff of Chief Investigator
           62-68. (Repealed)

   PART 8 - FINANCIAL PROVISIONS
   Divisions 1, 1A - (Repealed)
   None

           Division 2 - Financial provisions relating to State Transit Authority

   73.     State Transit Authority Fund
   74.     Payments into State Transit Authority Fund
   75.     Payments from State Transit Authority Fund
   76.     Payment of dividend to Treasurer

           Division 3 - Financial provisions relating to Roads and Traffic Authority

   77.     Roads and Traffic Authority Fund
   78.     Payments into Roads and Traffic Authority Fund
   79.     Payments from Roads and Traffic Authority Fund
   80.     Expenditure on certain State works
   80A.    Payments of subsidies to councils for traffic route lighting
   80B.    Authority to make available money for subsidies
   80C.    Payments of subsidies to electricity distribution network service providers for removal or relocation of electricity structures

           Division 4 - Financial provisions relating to Authorities generally

   81.     Financial duties of the Authorities
   82.     Financial year
   83.     (Repealed)

           Division 5 - Charges for services of RailCorp, Sydney Ferries and State Transit Authority

   84.     Definitions
   85.     Orders fixing charges
   86.     Ministerial supervision of orders fixing charges
   87.     General provisions relating to orders fixing charges
   88.     Free or subsidised railway, bus or ferry travel

   PART 8A - ARTC ARRANGEMENTS

           Division 1 - Preliminary

   88A.    Definitions

           Division 2 - Arrangements between rail authorities and ARTC

   88B.    Lease or licence of land and rail infrastructure facilities
   88C.    Other agreements or arrangements relating to freight lines
   88D.    Provision of transition support services
   88E.    Sale of plant, machinery, equipment, stores and consumables
   88F.    Requirements for consent not applicable
   88G.    Severance of rail infrastructure facilities and from leased or licensed land
   88H.    Functions of ARTC relating to rail infrastructure facilities
   88I.    Transfer of assets, rights or liabilities of rail authority

           Division 3 - Rail services, access and infrastructure obligations

   88J.    Obligation to maintain linear continuity of rail services
   88K.    Rail access obligations and functions
   88L.    Network control
   88M.    Restrictions on dealings with land and rail infrastructure facilities and other rights
   88N.    Obligations and rights under Rail Safety Act 2002
   88O.    Obligations and rights under Protection of the Environment Operations Act 1997
   88P.    Obligations and rights under Heritage Act 1977
   88Q.    Obligations and rights under Threatened Species Conservation Act 1995
   88R.    Obligations relating to activities under Environmental Planning and Assessment Act 1979

           Division 4 - Prohibition on vertical integration

   88S.    Restrictions on vertical integration of rail operations
   88T.    Injunctions

           Division 5 - Staffing arrangements

   88U.    Agreements for secondment of staff to ARTC
   88V.    Temporary staff placement with ARTC (secondments)
   88W.    No time limit for period of temporary placement
   88X.    Obligations and rights under Rail Safety Act 2002 relating to members of staff
   88Y.    Obligations and rights under Occupational Health and Safety Act 2000 and other legislation
   88Z.    Liability under Law Reform (Vicarious Liability) Act 1983
   88ZA.   Workers compensation arrangements
   88ZB.   Effect of staffing agreements and arrangements

           Division 6 - State taxes

   88ZC.   Exemption from State taxes
   88ZD.   Rail authorities and ARTC not grouped for payroll tax purposes

           Division 7 - Effect of Part

   88ZE.   Effect of Part
   88ZF.   Protection of contractual and other obligations
   88ZG.   Compensation not payable

   PART 9 - MISCELLANEOUS

           Division 1 - Definitions

   89.     Definitions

           Division 1A - Miscellaneous provisions relating to rail authorities

   90.     State rail operators not common carriers
   91.     Regulations relating to railway and other transport services
   92.     Limitation of compensation in respect of damage to property by fire
   93.     Search of vehicles and luggage on certain railway premises
   94.     Transfers of assets, rights and liabilities
   95.     Transfer of staff
   96.     Person may be a member of one or more boards or CEO of more than one authority

           Division 1B - Miscellaneous provisions relating to rail infrastructure, rail access and network control

   97.     Additional facilities may be treated as rail infrastructure facilities
   98.     Powers of rail authorities relating to rail infrastructure facilities and land
   99.     Maintenance of railway lines
   99A.    Closure and disposal of railway lines
   99AA.   Connections to rail infrastructure
   99B.    Closure of level-crossings, bridges and other structures
   99C.    NSW rail access undertakings
   99D.    Network control

           Division 1C - Delegation by Minister

   99E.    Delegation by Minister

           Division 2 - Miscellaneous provisions relating to State Transit Authority

   100.    Sale, lease or other disposal of land
   101.    Acquisition of land
   102.    STA not a common carrier
   103.    Inquiries into bus or ferry accidents
   104.    Regulations relating to bus and ferry services

           Division 2A - Miscellaneous provisions relating to Director-General

              Subdivision 1 - General provisions

   104A.   Definition of “functions” of Director-General
   104B.   Exercise of functions through Transport Administration Corporation, joint ventures or other associations
   104C.   Exercise of functions in Director-General’s own capacity and on behalf of Crown
   104D.   Transport Administration Corporation
   104E.   Power of Director-General to contract
   104F.   Sale, lease or other disposal of land
   104G.   Acquisition of land
   104H.   Application of Public Works Act 1912
   104I.   Other functions concerning land
   104J.   Annual reporting requirements
   104K.   Regulations

              Subdivision 2 - Special provisions relating to light rail

   104L.   Definitions
   104M.   Light rail services
   104N.   Light rail system
   104O.   Development and operation of light rail systems
   104P.   Part 5 of EPA Act to apply to development for light rail system
   104Q.   Local government approvals not required for light rail system
   104R.   Easements etc for light rail system
   104S.   Exemption of light rail system from payment of rates and land tax
   104T.   Exemption from duty
   104U.   Altering position of conduit for purposes of light rail system
   104V.   Resolution of disputes concerning development of light rail

           Division 3 - Miscellaneous provisions relating to Roads and Traffic Authority

   105.    Power to accept gifts, bequests or devises of property
   106.    Grants to councils in connection with use of buses
   106A.   Grants to charitable organisations

           Division 3A - Miscellaneous provisions relating to Sydney Ferries

   106B.   Sydney Ferries not a common carrier
   106C.   Regulations relating to Sydney ferry services
   106D.   Transfer of certain assets, rights and liabilities of STA to Sydney Ferries

           Division 4 - Miscellaneous provisions relating to transport authorities

   107.    Definition of “transport authority”
   108.    Transport districts
   109.    Seal of Authority
   110.    Miscellaneous provisions relating to contracts of transport authority
   111.    Disputes involving transport authorities
   112.    Personal liability of certain persons
   113.    Presumption of validity
   114.    (Repealed)
   115.    Recovery of charges etc by transport authority
   116.    Liability of vehicle owner for parking offences on Authority’s land
   117.    Penalty notices for certain offences
   118.    Proceedings for offences
   119.    Regulations
   120.    Savings, transitional and other provisions

           Division 5 - Miscellaneous provisions relating to common law damages for public transport accidents

   121.    Application of common law damages for motor accidents to railway and other public transport accidents

           Division 6 - Special provisions for Parramatta Rail Link

   122.    Definitions
   123.    EPA Act not affected
   124.    Acquisition of national park and other park land
   125.    Application of Public Works Act to the Parramatta Rail Link
   126.    Sections 109ZJ & 109ZK EPA Act not to apply
   127.    Order of approval under Heritage Act

           Division 7 - State Rail Authority

   128.    State Rail Authority
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 6A
           SCHEDULE 6AA
           SCHEDULE 6B
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 10
           SCHEDULE 11