VersionNo. 035
Transport Integration Act 2010
No. 6 of 2010
Version incorporating amendments as at
1 December 2013
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
4Order in Council declaring body to be a transport body or interface body
5Act binds the Crown
Part 2—Vision Statement, Objectives, Principles and Statements of Policy Principles
Division 1—Vision statement
6Vision statement
Division 2—Transport system objectives
7Transport system objectives
8Social and economic inclusion
9Economic prosperity
10Environmental sustainability
11Integration of transport and land use
12Efficiency, coordination and reliability
13Safety and health and wellbeing
Division 3—Decision making principles
14Decision making principles
15Principle of integrated decision making
16Principle of triple bottom line assessment
17Principle of equity
18Principle of the transport system user perspective
19Precautionary principle
20Principle of stakeholder engagement and community participation
21Principle of transparency
Division 4—Statements of policy principles
22Minister may issue a statement of policy principles
Division 5—Interpretation and guidance
23Interpretation
24Application to a transport body
25Application to an interface body
26Weight to be given to transport system objectives
27Weight to be given to decision making principles
27AStrategy and implementation plan
28Effect of this Part
Part 3—Administration
Division 1—The Minister
29General powers
30Minister may appoint a person or establish a body to provide advice
31Delegation by Minister
31AGuidelines
Division 2—The Department
32Objects of the Department
33Functions of the Department
Division 3—The Secretary
34Powers of the Secretary
35Recording of dealings
36Compulsory acquisition of land
37Powers to enter land for investigative purposes
37AContingency planning for exercise of certain powers
38Directions
39Delegation by Secretary
Division 4—Transport Infrastructure Development Agent
40Transport Infrastructure Development Agent
41Official seal
42Transport Infrastructure Development Agent represents the Crown
43Object of the Transport Infrastructure Development Agent
44Functions of the Transport Infrastructure Development Agent
45Powers of the Transport Infrastructure Development Agent
46Directions
47Delegation by the Transport Infrastructure Development
Agent
48Appointment of member
49Transport Infrastructure Project Orders
50Revocation of Transport Infrastructure Project Order
Division 5—Transfer of transport projects
51Definitions
52Transfer of transport project
53Transfer subject to encumbrances
54Substitution of party to agreement
55Instruments
56Proceedings
57Interests in land
58Action by Registrar of Titles
59Taxes
60Evidence
61Transfer of employees
62Validity of things done under this Division
Part 4—Planning
63Transport plan
64Corporate Plans
Part 5—Transport System Agencies
Division 1A—Public Transport Development Authority
Subdivision 1—Establishment, Object, Functions and Powers
79APublic Transport Development Authority
79ABOfficial seal
79ACPublic Transport Development Authority represents the Crown
79ADObject of the Public Transport Development Authority
79AEFunctions of the Public Transport Development Authority
79AFPowers of the Public Transport Development Authority
79AGExtra-territoriality
Subdivision 2—Constitution, Procedures and Staff
79BBoard of directors
79BAConstitution of board of directors
79BCAppointment of directors
79BDActing appointments
79BEVacancies, resignations, removal from office
79BFValidity of acts or decisions
79BGProceedings of board of directors
79BHResolutions without meetings
79BIChief executive officer
79BJEmployees and other staff
79BKPower to enter into arrangements for the services of
public servants
79BLDelegation by the Public Transport Development Authority
79BMPublic Transport Development Authority not to make loans
to directors
79BNIndemnity
Subdivision 3—General Provisions
79CCompulsory acquisition of land
79DEasements
79EPublic Transport Development Authority may use or manage Crown lands reserved under Crown Land (Reserves)
Act1978
79FGrant of unalienated Crown land
79GAcquisition of land or interest in land to achieve
environmental sustainability
79HPowers to enter land for investigative purposes
79IPower to enter building
79JPowers to enter land to construct or maintain works
79KContingency planning for exercise of certain powers
79LPublic Transport Development Authority to conduct
cost-benefit analysis of relevant rail safety projects
79MGuidelines for cost-benefit analysis and consultation
79NReports to Minister
79ODirections
79PCorporate plan
79QStatement of corporate intent
79RCorporate plan to be followed
79SNothing void merely because of non-compliance
79TBoard of directors to give notice of significant events
Subdivision 4—Financial Provisions
79UPublic Transport Development Authority to prepare budgets
79VMinister to submit budgets
79VAFunding of deficit
79VBRevised budget
79VCInterim budgets
79VDPublic Transport Development Authority to provide budgetary information
79VEGeneral fund
79VFFinancial accommodation
79VGPower of Treasurer to execute guarantee
Subdivision 5—Performance and Financial Reporting
79WPerformance reports
79XFinancial reports
Division 2—Roads Corporation
80Roads Corporation
81Official seal
82Trading name
83Roads Corporation represents the Crown
84Chief Executive of the Roads Corporation
85Validity of acts or decisions
86Object of the Roads Corporation
87Functions of the Roads Corporation
88Powers of the Roads Corporation
89Powers in relation to non-transport system functions
90Roads Corporation may employ persons
91Disposal of assets in exchange for lease
92Roads Corporation may use or manage Crown lands reserved under Crown Land (Reserves) Act1978
93Grant of unalienated Crown land
94Surplus land
95Acquisition of land or interest in land to achieve
environmental sustainability
96Power to enter building
97Extra-territoriality
98Directions
99Minister to set quantitative targets
100Treasurer or Minister to provide information
101Roads Corporation to prepare budgets
102Minister to submit budgets
103Funding of deficit
104Revised budget
105Interim budgets
106Roads Corporation to provide budgetary information
107General fund
108Financial accommodation
109Power of Treasurer to execute guarantee
109AFinancial reports
110Corporate plan
111Statement of corporate intent
112Corporate plan to be followed
113Nothing void merely because of non-compliance
114Roads Corporation to give notice of significant events
115Delegation by Roads Corporation
Division 3—Taxi Services Commission
115ADefinitions
115BTaxi Services Commission
115COfficial seal
115DTaxi Services Commission represents the Crown
115EObject of Taxi Services Commission
115FFunctions of Taxi Services Commission
115GPowers of the Taxi Services Commission
115HConstitution of Commission
115IAppointment of Commissioners
115JActing appointment
115KDeclaration of pecuniary interests
115LVacancies, resignation, removal from office
115MValidity of acts and decisions
115MADirections
115NMeetings of Commission
115OVoting at meetings of Commission
115PSecretary and Director of Public Transport may assist the Commission
115QExtra-territoriality
115QAChief executive officer
115RStaff of the Commission
115SPersonal liability
115SAAnnual report
115SBAdditional reporting obligation
115TDelegation
115UEnd of term of Inquiry Commissioners
115VTransitional provision (Commissioners)
Part 6—Transport Corporations
Division 1—Victorian Rail Track
116Victorian Rail Track
117Trading name
118Victorian Rail Track not to represent the Crown
119Object of Victorian Rail Track
120Functions of Victorian Rail Track
121Compulsory acquisition of land
122Easements
123Victorian Rail Track may use Crown lands reserved under Crown Land (Reserves) Act 1978
124Grant of unalienated Crown land
125Land
126Powers to enter land to construct or maintain works
Division 2—V/Line Corporation
128V/Line Corporation
129Trading name
130V/Line Corporation not to represent the Crown
131Object of V/Line Corporation
132Functions of V/Line Corporation
133Contingency planning for exercise of certain powers
Division 3—Linking Melbourne Authority
134Establishment of Linking Melbourne Authority
135Linking Melbourne Authority represents the Crown
136Declaration of any Road Transport-Related Project
137Object of Linking Melbourne Authority
138Functions of the Linking Melbourne Authority
138ACompulsory acquisition of land
139Power to enter into arrangements for the services of public servants
140Money of the Linking Melbourne Authority
141General fund
Division 3A—Port of Melbourne Corporation
141BPort of Melbourne Corporation
141CPort of Melbourne Corporation not to represent the Crown
141DObject of Port of Melbourne Corporation
141EFunctions of Port of Melbourne Corporation
141FDredging by Port of Melbourne Corporation
141GAcquisition or disposal of land by Port of Melbourne Corporation to be approved by Minister
141HPublic interest functions
Division 3B—Victorian Regional Channels Authority
141IDefinition
141JVictorian Regional Channels Authority
141KVictorian Regional Channels Authority not to represent
the Crown
141LObject of Victorian Regional Channels Authority
141MFunctions of Victorian Regional Channels Authority
141NPower to contract for the provision of services and facilities
141ODredging
141PPublic interest functions
Division 3C—Port of Hastings Development Authority
141QEstablishment of Port of Hastings Development Authority
141RPort of Hastings Development Authority not to represent
the Crown
141SObject of Port of Hastings Development Authority
141TFunctions of Port of Hastings Development Authority
141UAcquisition or disposal of land by Port of Hastings Development Authority to be approved by Minister
141VPublic interest functions
Division 4—Provisions applying to Transport Corporations
142Transport Corporation is a body corporate
143Board of directors
144Constitution of board of directors
145Appointment of directors
146Acting appointments
147Chief executive officer and other employees
148Vacancies, resignations, removal from office
149Validity of acts or decisions
150Proceedings of board of directors
151Resolutions without meetings
152Powers of a Transport Corporation
153Certain powers not affected
154Borrowing and investment by a Transport Corporation
155Transport Corporation not to make loans to directors
156Extra-territoriality
157Indemnity
158Determination of initial capital
159Capital
160Repayment of capital
161Dividends
162Reports to Minister or Treasurer
163Directions
164Annual report
165Corporate plan
166Statement of corporate intent
167Corporate plan to be followed
168Nothing void merely because of non-compliance
169Board of directors to give notice of significant events
170Delegation by a Transport Corporation
Part 7—Transport Safety Agencies
Division 1—Director, Transport Safety
171Director, Transport Safety
172Object of Director, Transport Safety
173Functions of Director, Transport Safety
174Power to investigate
175Director, Transport Safety to conduct cost-benefit analysis
of and consult about mandatory transport safety decisions
176Guidelines
177Information disclosure by Director, Transport Safety
178Delegation by the Director, Transport Safety
178ADelegation of functions by National Regulator
Division 2—Chief Investigator, Transport Safety
179Chief Investigator, Transport Safety
180Object of the Chief Investigator, Transport Safety
181Functions of the Chief Investigator, Transport Safety
182Power to investigate
183Delegation by the Chief Investigator, Transport Safety
Division 3—Provisions applying to transport safety appointees
184Appointment
185Acting appointment
186When a transport safety appointee ceases to hold office
187Resignation
188Suspension and removal from office
189Validity of acts and decisions
190Immunity
191Ministerial direction to investigate public transport safety
matter or marine safety matter
192Employment of persons
193Powers of transport safety appointee
194Independence of transport safety appointee
195Extra-territoriality
196Memoranda of understanding
197Power to give advice on compliance
Part 7A—Conflict Between Decisions of
Director, Transport Safety and Road Authority
197ADefinitions
197BResolution of conflict by regulators
197CDetermination by the Minister or Ministers
197DRegulators subject to guidelines and directions
197EGuidelines
Part 8—General
Division 1—Regulations
198Regulations
Division 2—Miscellaneous
199Transport Act 1983
200Rail Corporations Act 1996
201Marine Act 1988
201ATransitional provision on amendment of Port Services Act1995
201BTransfer of staff from Port of Hastings Corporation to
Port of Melbourne Corporation
201CSubstitution of parties to channel operating agreement in respect of port of Hastings waters
201DSubstitution of parties to channel operating agreement—Transport Legislation Amendment (Port of Hastings Development Authority) Act2011
202Repeal of Southern and Eastern Integrated Transport Authority Act 2003
203Consequential amendments to other Acts
203ASaving and transitionals—Transport Legislation Amendment (Public Transport Development
Authority) Act2011
203BTransitional regulations—Transport Legislation Amendment (Public Transport Development
Authority) Act2011
Part 9—Transport Legislation Amendment (Port of Hastings Development Authority) Act2011
Division 1—Transfer of property and staff to the Port of Hastings Development Authority
207Definitions—Division 1
208Minister may direct transfer of Port of Melbourne Corporation property to Port of Hastings Development Authority
209Property transferred in accordance with direction—Port of Hastings Development Authority
210Allocation of property etc. subject to encumbrances—Port of Hastings Development Authority
211Certificate of chief executive officer—Port of Hastings Development Authority
212Value of transferred property—Port of Hastings Development Authority
213Substitution of party to agreement—Port of Hastings Development Authority
214Former Port of Melbourne Corporation instruments—Port of Hastings Development Authority
215Proceedings—Port of Hastings Development Authority
216Interests in land—Port of Hastings Development Authority
217Easements—Port of Hastings Development Authority
218Amendment of Register—Port of Hastings Development Authority
219Taxes—Port of Hastings Development Authority
220Evidence—Port of Hastings Development Authority
221Validity of things done under this Division
222Minister may direct Port of Melbourne Corporation to lease
land to Port of Hastings Development Authority
223Transfer of staff from Port of Melbourne Corporation to Port
of Hastings Development Authority
Division 2—Transfer of property to Victorian Regional Channels Authority
224Definitions—Division 2
225Minister may direct transfer of Port of Melbourne Corporation property to Victorian Regional Channels Authority
226Property transferred in accordance with direction—Victorian Regional Channels Authority
227Allocation of property etc. subject to encumbrances—
Victorian Regional Channels Authority
228Certificate of chief executive officer—Victorian Regional Channels Authority
229Value of transferred property—Victorian Regional Channels Authority
230Substitution of party to agreement—Victorian Regional
Channels Authority
231Former Port of Melbourne Corporation instruments—
Victorian Regional Channels Authority
232Proceedings—Victorian Regional Channels Authority
233Interests in land—Victorian Regional Channels Authority
234Easements—Victorian Regional Channels Authority
235Amendment of Register—Victorian Regional Channels
Authority
236Taxes—Victorian Regional Channels Authority
237Evidence—Victorian Regional Channels Authority
238Validity of things done under this Division
239Minister may direct Port of Melbourne Corporation to lease
land to Victorian Regional Channels Authority
Part 10—Transport Legislation Amendment (Public Transport Development Authority) Act2011
Division 1—Preliminary
240Purpose of Part
241Definitions
Division 2—Transfer of Property, Rights and Liabilities and Staff
242Minister may direct transfer of Director of Public Transport property, rights and liabilities held on behalf of the Crown
243Minister may direct transfer of Public Transport Ticketing
Body property, rights and liabilities
244Minister may direct transfer of Victorian Rail Track property, rights and liabilities
245Minister may direct transfer of V/Line Corporation property, rights and liabilities
246Transfer of Metlink property, rights and liabilities
247Minister may direct transfer of Secretary property, rights and liabilities held on behalf of the Crown
248Property, rights and liabilities allocated in accordance with direction
249Allocation of property and rights subject to encumbrances
250Certificate of chief executive officer
251Certificate of Secretary—Metlink property, rights or liabilities
252Value of allocated property, rights or liabilities
253Substitution of party to agreement
254Former relevant transferor instruments
255Proceedings
256Interests in land
257Easements
258Amendment of Register
259Taxes
260Evidence
261Transfer of employees of Public Transport Ticketing Body
to the Public Transport Development Authority
262Transfer of employees of Metlink to the Public Transport Development Authority
263Validity of things done under this Part
Division 3—Administrator of the Public Transport Ticketing Body
264Provisions to prevail
265The Administrator
266Vacancy, resignation or removal from office
267Functions and powers
268Staff
269Delegation
270Directions
271Effect of appointment of Administrator
Division 4—Dissolution of the Public Transport Ticketing Body
272Dissolution of the Public Transport Ticketing Body
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SCHEDULES
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
VersionNo. 035
Transport Integration Act 2010
No. 6 of 2010
Version incorporating amendments as at
1 December 2013
1
Part 1—Preliminary
Transport Integration Act 2010
No. 6 of 2010
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this Act is to create a new framework for the provision of an integrated and sustainable transport system in Victoria consistent with the vision statement.
2Commencement
(1)Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.
S. 2(2) amendedby No. 45/2010 s.3(1).
(2)Subject to subsection (3), the remaining provisions of this Act (including the items and provisions of items in a Schedule) come into operation on a day or days to be proclaimed.
S. 2(3) amendedby No. 45/2010 s.3(2).
(3)If a provision referred to in subsection (2)(including an item or a provision of an item in a Schedule) does not come into operation before 1July 2011, it comes into operation on that day.
3Definitions
In this Act—
bus has the same meaning as it has in section 3(1) of the Bus Safety Act 2009;
bus service has the same meaning as it has in section 3(1) of the Bus Safety Act 2009;
S.3 def. of channelinsertedby No.45/2010 s.4(d).
channel, in relation to port waters, has the same meaning as in the Port Management Act 1995;
Chief Investigator, TransportSafety means the person holding the position referred to in section 179(1);
commercial passenger vehicle has the same meaning as it has in section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983;
S.3 def. of commercial trading port insertedby No.45/2010 s.4(d).
commercial trading porthas the same meaning as in the Port Management Act 1995;
S.3 def. of correspond-ing safety law amended by No.13/2009 s.101A(1)(a) (as amended by No.6/2010s.203(1)
(Sch. 6 item4.7) (as amended by No. 45/2010 s.22)), repealedby No.65/2010 s.420(Sch.3 item16.4).
*****
s. 3
decision making principles means the principles specified in Division 3 of Part 2;
S.3 def.of Departmentamendedby No.70/2013 s.4(Sch.2 item51.1).
Department means the Department of Transport, Planning and Local Infrastructure;
development, in Division 4 of Part 3, has the same meaning as it has in section 3 of the Major Transport Projects Facilitation Act 2009;
S.3 def. of Director of Public Transport repealedby No.61/2011 s.26(1)(a).
*****
Director, TransportSafety means the person holding the position referred to in section171(1);
S.3 def. of domestic partnerinsertedby No.45/2010 s.4(d).
domestic partnerof a personmeans—
(a)a person who is in a registered relationship with the person; or
(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
S.3 def.of harbour masteramendedby No.65/2010 s.420(Sch.3 item16.1(a)).
harbour master has the same meaning as it has in section 3(1) of the Marine Safety Act 2010;
S.3 def. of hire car insertedby No.34/2011 s.3(1).
hire car has the same meaning as in section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983;
S.3 def. of interface bodyamendedby No.35/2011 s.22.
interface body means—
s. 3
(a)in respect of the Conservation, Forests and Lands Act 1987, the body corporate established under that Act under the name Secretary to the Department of Sustainability and Environment;
(b)in respect of the Local Government Act 1989, a Municipal Council;
(c)in respect of the Parks Victoria Act 1998, Parks Victoria established under that Act;
(d)in respect of the Planning and Environment Act 1987—
(i)a planning authority under that Act;
(ii)the Growth Areas Authority established under section 46AQ of that Act;
(e)in respect of the Major Transport Projects Facilitation Act 2009—
(i)a project authority appointed under section 6 of that Act;
(ii)a project proponent appointed under section 15 of that Act;
(iii)an assessment committee established under section 35 of that Act;
(f)in respect of the Project Development and Construction Management Act 1994, a Minister or facilitating agency;
s. 3
(g)in respect of the Urban Renewal Authority Victoria Act 2003, the Urban Renewal Authority Victoriaestablished under that Act;
(h)in respect of any interface legislation, a Minister administering the interface legislation;
(i)in respect of land managed or controlled under the Wildlife Act 1975, the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the National Parks Act 1975, Part 4 of the Water Industry Act 1994 or the Alpine Resorts (Management) Act 1997, the person or body responsible for the management or control of that land;
(j)a person or body which is declared to be an interface body—
(i)by the Act under which the person is appointed or the body is established; or
(ii)by the interface legislation under which functions or powers are conferred on the person or body—
either generally or in respect of the exercise of the functions or powers in respect of which the person or body is declared to be an interface body by the Act or interface legislation;
s. 3
(k)a public body which is declared to be an interface body by an Order in Council made under section 4 either generally or in respect of the exercise of the functions or powers in respect of which it is declared to be an interface body by the Order in Council;
S.3 def. of interface legislationamendedby No.49/2013 s.72.
interface legislation means—
(a)Alpine Resorts (Management) Act 1997;
(b)Conservation, Forests and Lands Act 1987;
(c)CrownLand (Reserves) Act 1978;
(ca)Environment Effects Act 1978;
(d)Forests Act 1958;
(e)Land Act 1958;
(f)Local Government Act 1989;
(g)Major Transport Projects Facilitation Act 2009;
(h)National Parks Act 1975;
(i)Parks Victoria Act 1998;
(j)Planning and Environment Act 1987;
(k)Project Development and Construction Management Act 1994;
(l)Victorian Urban Development Authority Act 2003;
(m)Part 4 of the Water Industry Act 1994;
(n)Wildlife Act 1975;
(o)any other Act or provision of any other Act which is declared to be interface legislation by that other Act;
s. 3
(p)any regulations or other subordinate instrument made under an Act which is interface legislation;
Linking Melbourne Authority means the body corporate established under section 134;
S.3 def. of mandatory bus safety decisioninserted by No.13/2009 s.101A(1)(b) (as amended by No.6/2010 s.203(1)
(Sch. 6 item4.7) (as amended by No. 45/2010 s.22)).
mandatory bus safety decision has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983;
S.3 def.of mandatory marine safety decision amendedby No.65/2010 s.420(Sch.3 item16.1(b)).
mandatory marine safety decision has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983;
mandatory rail safety decision has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983;
S.3 def. of mandatory transport safety decision amended by No.13/2009 s.101A(1)(c) (as amended by No.6/2010 s.203(1)
(Sch. 6 item4.7) (as amended by No. 45/2010 s.22)).
mandatory transport safety decision means—
(a)a mandatory marine safety decision; or
(b)a mandatory rail safety decision;or
(c)a mandatory bus safety decision;
s. 3
S.3 def.of marine safety matter amendedby Nos65/2010 s.420(Sch.3 item16.1(c)), 36/2013 s.92(1).
marine safety matter means—
(a)an incident involving a vessel that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to, or the loss of, the vessel or any other vessel, or to any other property or equipment, and includes, for example—