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—