(1) The State Rail Authority shall operate railway passenger services.
(1) There shall be a State Rail Authority Board.
(1) The State Rail Authority shall, at least 3 months before the beginning of each financial year of the Authority, prepare and deliver to the Minister a draft corporate plan for the financial year. (2) The State Rail Authority shall:
(a) consider any comments on the draft corporate plan that were made by the Minister within 2 months after the draft plan was delivered to the Minister, and (b) deliver the completed corporate plan to the Minister before the beginning of the financial year concerned. (2A) During the preparation of a corporate plan after the commencement of this subsection, the State Rail Authority is to make a draft plan available for public comment for at least 30 days and is to have regard to any submissions it receives about the draft plan within that period. The arrangements for obtaining or inspecting the draft plan and for making submissions are to be advertised in a daily newspaper circulating throughout the State.
(1) In this Part and Schedule 6A, NSW Rail Access Regime means an access regime established from time to time by the Minister and approved by the Premier for the purpose of implementing the Competition Principles Agreement in respect of third party access to the NSW rail network by the prescribed corporation or by persons as rail operators or access purchasers, including the use of such rail infrastructure facilities that are vested in or owned by Rail Infrastructure Corporation as are necessary for the safe operation of rolling stock on that network.Editorial note— NSW Rail Access Regime—see Gazette No 22 of 19.2.1999, p 906. (2) The portfolio Minister may, by order in writing, direct that facilities specified in the order that are vested in or owned by Rail Infrastructure Corporation be treated as rail infrastructure facilities for the purposes of this Act and an access regime established under this section. (3) An access regime established in accordance with this section may, in respect of the carriage of coal, provide for special access pricing principles during the period that a government coal-carrying service is, by section 78 of the of the Commonwealth, not a service for the purposes of Part IIIA of the Competition Policy Reform Act 1995 of the Commonwealth. Those special access pricing principles may continue, for the whole or any part of that period, the level of prices applicable to those services before the establishment of that access regime. Trade Practices Act 1974 (4) An access regime established in accordance with this section must make provision with respect to the application of Part 4A of the to a dispute with respect to third party access to the NSW rail network by the prescribed corporation or by persons as rail operators or access purchasers. In any arbitration of such a dispute, the arbitrator must: Independent Pricing and Regulatory Tribunal Act 1992
(a) give effect to the access regime, and (b) take into account (in addition to the matters referred to in section 24B (3) of that Act) the desirability of ensuring priority and certainty of access for passenger services. Note— Section 19E (5) of this Act requires the Rail Infrastructure Corporation to act in accordance with the NSW Rail Access Regime when exercising its functions.
(1) The principal objective of Rail Infrastructure Corporation is to ensure that the NSW rail network enables safe and reliable passenger and freight services to be provided in an efficient, effective and financially responsible manner.
(1) Rail Infrastructure Corporation has the functions conferred or imposed on it by or under this or any other Act or law. (2) The principal functions of Rail Infrastructure Corporation are:
(a) to hold, manage, maintain and establish rail infrastructure facilities on behalf of the State, and (b) to provide persons with access to the NSW rail network under the NSW Rail Access Regime (including the development and maintenance of an access pricing policy). (2A) In exercising its functions, Rail Infrastructure Corporation is to act in the best interests of the NSW rail network as a whole.
(1) The Minister may give Rail Infrastructure Corporation directions in relation to the exercise of the Corporation’s functions. The Minister is to advise the voting shareholders of the Corporation of the giving and the terms of any such direction. (2) The board of directors and chief executive officer of Rail Infrastructure Corporation must, subject to this section, ensure that the Corporation complies with any such direction.
(1) For the purposes of this section, network control with respect to any part of the NSW rail network is:
(a) service planning (namely, the timetabling of rolling stock, including standard working and daily timetables and planning the occupation of railway track for maintenance and other service requirements), and (b) real time control (namely, the actual control of the movement of rolling stock, including train signalling and incident management). Network control includes any aspect of the control of the network that is declared by the regulations to be network control, but does not include anything declared by the regulations not to be network control.
(1) Freight Rail Corporation has the functions conferred or imposed on it by or under this or any other Act or law.
(1) The Minister may, by order in writing, direct that such assets, rights and liabilities of the State Rail Authority or any State Rail Authority subsidiary corporation, as are specified or referred to in the order, be transferred to a Rail Corporation. (2) Assets, rights or liabilities may not be transferred under this section to a Rail Corporation unless the Rail Corporation is a statutory State owned corporation.
(1) The board of directors of Rail Infrastructure Corporation is to be appointed by the Governor on the recommendation of the voting shareholders and is to consist of not fewer than 3 and not more than 7 directors. The voting shareholders are to consult the portfolio Minister on the persons recommended for appointment as directors. (2) One director of the board is to be a person recommended by a selection committee comprising:
(a) 2 persons nominated by the portfolio Minister, and (b) 2 persons nominated by the Labor Council of New South Wales, being a person selected by the committee from a panel of 3 persons nominated by the Labor Council.
(1) The board of directors of Freight Rail Corporation is to be appointed by the voting shareholders and is to consist of not fewer than 3 and not more than 7 directors. (2) One director of the board is to be appointed by the voting shareholders on the recommendation of a selection committee comprising:
(a) 2 persons nominated by the portfolio Minister, and (b) 2 persons nominated by the Labor Council of New South Wales, being a person selected by the committee from a panel of 3 persons nominated by the Labor Council. (3) The members of the selection committee and the nominees of the Labor Council for the panel are to be representatives of industrial organisations of employees that have members employed in the public sector of the rail industry.
(1) The chief executive officer of a Rail Corporation is to be appointed by the board:
(a) in the case of Rail Infrastructure Corporation—with the concurrence of the voting shareholders and the Minister, or (b) in the case of Freight Rail Corporation—after consultation with the voting shareholders. (2) The board may remove a person from office as chief executive officer, at any time, for any or no reason and without notice, but only after consultation with the voting shareholders and, in the case of Rail Infrastructure Corporation, consultation with the Minister. (3) The chief executive officer is entitled to be paid such remuneration (including travelling and subsistence allowances) as the board may determine after consultation with the voting shareholders.
(1) The board may, from time to time, appoint a person to act in the office of chief executive officer during the illness or absence of the chief executive officer. (2) The board may remove a person from office as acting chief executive officer, at any time, for any or no reason and without notice.
(1) There shall be a State Transit Authority Board.
(1) The State Transit Authority shall, at least 3 months before the beginning of each financial year of the Authority, prepare and deliver to the Minister a draft corporate plan for the financial year. (2) The State Transit Authority shall:
(a) consider any comments on the draft corporate plan that were made by the Minister within 2 months after the draft plan was delivered to the Minister, and (b) deliver the completed corporate plan to the Minister before the beginning of the financial year concerned. (2A) During the preparation of a corporate plan after the commencement of this subsection, the State Transit Authority is to make a draft plan available for public comment for at least 30 days and is to have regard to any submissions it receives about the draft plan within that period. The arrangements for obtaining or inspecting the draft plan and for making submissions are to be advertised in a daily newspaper circulating throughout the State.
(1) The Director-General is to take all steps as are, within available financial resources, necessary to ensure the provision of safe, efficient, adequate and economic passenger services.
(1) There is constituted by this Act a corporation with the corporate name of the Public Transport Authority of New South Wales.
(1) The principal function of the Council is to advise the Minister and the Public Transport Authority on community requirements for public passenger services.
(1) The Authority may, from time to time, direct public authorities to implement plans or proposals formulated or adopted, general standards or general principles established, or other decisions made, by the Authority in the exercise of the Authority’s functions under this Part. (2) The Authority may communicate directions under this section to such public authorities, and in such manner, as it thinks fit. (3) While a direction communicated to a public authority under this section and applicable to its functions is in force, it is the duty of the public authority, by the exercise of its functions in accordance with law, to comply with the direction, except if to do so:
(a) would be impracticable because of emergency, accident or other special circumstances, or (b) would affect the functions of any person or body with respect to the laying or making of any information or complaint, the continuance or discontinuance of any proceedings for an alleged offence or any other manner of dealing with an alleged offence.
(1) In the period of 12 months commencing on 1 July each year, the Authority must make available the amount of subsidies that the Minister with the concurrence of the Treasurer estimates will be granted to councils under this Part in that period of 12 months.
(1) The charges to be demanded by the State Rail Authority in respect of its railway or other transport services or for any other purpose shall be as from time to time determined by order made by the Authority.
(1) The Minister may determine the classes of persons who are entitled to be issued with a free travel pass or a concessional travel pass by the State Rail Authority or the State Transit Authority.
(1) The State Rail Authority may, for any purposes of the State Rail Authority, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the . Land Acquisition (Just Terms Compensation) Act 1991 (1A) The other purposes for which land may be acquired under subsection (1) include for the purposes of a future sale, lease or disposal, that is, to enable the State Rail Authority to exercise its functions in relation to land under this Act.
(1) Rail Infrastructure Corporation may, with the approval of the Minister, close any level-crossing, bridge or other structure for crossing or passing over or under any railway track if both the level-crossing, bridge or other structure and the railway track are owned by the Corporation.
(1) Any authorised officer may:
(a) stop any vehicle or person on any land that is vested in or under the control of the State Rail Authority and that is used for the receipt, dispatch or delivery of any luggage or freight, and (b) search any such vehicle or any luggage or other article on that vehicle or in the possession of any such person, and (c) require any such person to produce consignment notes, delivery dockets or other documents relating to the receipt, dispatch, delivery or ownership of any such luggage or article, and (d) seize any such luggage or article that the authorised officer has reasonable grounds for suspecting has been stolen. (2) The power of an authorised officer to search includes the power to open any part of the vehicle or any luggage or other article on the vehicle or in the possession of the person.
(1) The State Transit Authority may, for any purposes of the State Transit Authority, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the . Land Acquisition (Just Terms Compensation) Act 1991 (1A) The purposes for which land may be acquired under subsection (1) include for the purposes of a future sale, lease or disposal, that is, to enable the State Transit Authority to exercise its functions in relation to land under this Act.
(1) There is established by this Act a body corporate with the corporate name of the Transport Administration Corporation.
(1) The Director-General may, for the purpose of the exercise of the Director-General’s functions, acquire land (including an interest in land) by agreement or compulsory process in accordance with the . Land Acquisition (Just Terms Compensation) Act 1991 (2) The other purposes for which land may be acquired under subsection (1) include for the purposes of future sale, lease or disposal, that is, to enable the Director-General to exercise his or her functions in relation to land.
(1) For the purposes of this Act, a light rail system is a system for the provision of light rail services along a route declared under subsection (2), including tracks, catenaries, supports for tracks and catenaries, stops, access to stops, signalling and other control facilities, vehicles, vehicle depots and other facilities and equipment associated with the provision of those services.(2) The regulations may declare a route along a road or road related area or through other land to be the route of a light rail system. A route may be so declared:
(a) whether or not a light rail service is operating along the route, and (b) whether or not the State or an authority of the State owns or proposes to acquire the system providing the service.
(1) In this section: development has the same meaning as in Part 4 of the EPA Act.EPA Act means the. Environmental Planning and Assessment Act 1979
(1) This section applies to:
(a) easements or rights of way under, on or over, land, or (b) restrictions on the use of land, for the purposes of the development or operation of a light rail system.
(1) The Director-General or a person authorised by the Director-General may serve a written notice on a person under this section if:
(a) an alteration is required to be made in the position of a conduit owned by the person to facilitate the development or operation of a light rail system, and (b) the alteration would not permanently damage the conduit or adversely affect its operation.
(1) The Roads and Traffic Authority shall, in accordance with such directions as may be given by the Minister, administer any scheme approved by the Minister for the making of grants to councils of local government areas in a transport district for the purpose of defraying the costs incurred in maintaining public roads used by buses.
(1) The Roads and Traffic Authority is, in accordance with such directions as may be given by the Minister, to administer any scheme approved by the Minister for the making of grants in respect of the operation of eligible motor vehicles by eligible charitable organisations.
(1) If any transport dispute arises:
(a) between one transport authority and another transport authority, or (b) between a transport authority and a public authority, either party may refer the matter to the Minister.
(1) If a parking offence occurs in relation to any vehicle, the person who at the time of the occurrence of the offence is the owner of the vehicle shall, by virtue of this section, be guilty of the parking offence as if the person were the actual offender. (2) Nothing in this section affects the liability of the actual offender, but if a penalty has been imposed on or recovered from any person in relation to a parking offence no further penalty shall be imposed on or recovered from any other person in relation to that offence.
(cf ss 68, 69 (2) MAA)
(1) In this section: Project park land means land shown as Project park land on sheets 1–6 of the plan marked “Parramatta Rail Link Project Park Land” and presented to the Speaker of the Legislative Assembly (by or on behalf of the Member of the Assembly who introduced the Bill for the) when the Bill was introduced into the Legislative Assembly, a copy of which is also lodged in the office of each rail authority. Transport Administration Amendment (Parramatta Rail Link) Act 2000 (2) Any power that a rail authority has under this Act to acquire land by agreement or by compulsory process in accordance with the extends to authorise the acquisition of the whole or any part of the Project park land for the purposes of or in connection with the Parramatta Rail Link. Land Acquisition (Just Terms Compensation) Act 1991 (3) Nothing in the (in particular sections 37, 40, 47Z and 47ZB), National Parks and Wildlife Act 1974 or the regulations under those Acts prevents a rail authority from acquiring by agreement or by compulsory process in accordance with the Parramatta Park Trust Act 2001 the whole or any part of the Project park land for the purposes of or in connection with the Parramatta Rail Link. Land Acquisition (Just Terms Compensation) Act 1991
(Sections 9 (4), 25 (4))
(Sections 11 (3), 19Y (2), 27 (3), 47 (2))
(Sections 44 (3), 54 (3))
(Sections 19J, 19K and 19AH)
(Section 68)
(Sections 19M and 59C)
(Section 19F)
(Section 97)
(Section 120)