2008
2008
2009-01-28
act
government
publicspecial
act.reprint
allinforce
2008-11-26
2008-11-26
0
2009-01-28
act-2008-115
2008
none
act-2008-115
7ce674f1-3b89-4ec8-866d-7e9c871fedb5
ecb796cc-8cfc-46d0-995a-9522399fce57
Note—
The Act was repealed by sec 5 (1) of this Act
with effect from 28.1.2009.
An Act to amend the Transport Administration Act 1988 and
other Acts to establish Sydney Metro and to facilitate the development,
implementation and operation of metro railway systems in the
State.
1Name of
Act
This Act is the Transport
Administration Amendment (Metro Rail) Act
2008.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of Transport Administration Act 1988 No
109
The Transport
Administration Act 1988 is amended as set out in Schedule
1.
4Amendment of other
Acts
The Acts specified in Schedule 2 are amended as
set out in that Schedule.
5Repeal of
Act
(1)
This Act is repealed on the day following the day
on which all of the provisions of this Act have
commenced.
(2)
The repeal of this Act does not, because of the
operation of section 30 of the Interpretation
Act 1987, affect any amendment made by this
Act.
Schedule 1Amendment of Transport Administration Act
1988
(Section 3)
[1]Long
title
Omit “and the Roads and Traffic
Authority”.
Insert instead “, the Roads and Traffic
Authority and Sydney Metro”.
[2]Section 3
Definitions
Insert in alphabetical order in section 3
(1):
metro
railway means a guided system designed to transport
passengers on a railway track, together with its infrastructure and associated
sidings, that:
(a)
provides high-frequency commuter and other
passenger services, and
(b)
is operated using automated systems, that are
integrated with trains, from one or more central control points,
and
(c)
is operated using dedicated rail infrastructure
facilities that are not operationally connected with other types of rail
infrastructure facilities.
metro
railway system means:
(a)
a metro railway and its rail infrastructure
facilities, and
(b)
stations, platforms, maintenance facilities,
depots and other transport interchanges, works, structures and facilities
associated with or incidental to the metro railway or rail infrastructure
facilities (including commercial and retail
facilities).
[3]Section 3 (1), definition of
“NSW rail network”
Insert “, but does not include any part of
a metro railway system” after
“controlled)”.
[4]Section 3 (1), definition of
“rail infrastructure owner”
Insert after paragraph (b):
(b1)
in the case of any rail infrastructure facilities
that are managed or controlled by Sydney Metro for the purposes of exercising
its functions under this Act, Sydney Metro, or
[5]Section 3
(1)
Insert in alphabetical order:
Sydney
Metro means Sydney Metro constituted under this
Act.
[6]Section 3A Metropolitan rail
area
Omit “or RailCorp” from section 3A
(6).
Insert instead “, RailCorp or Sydney
Metro”.
[7]Part 6A
Insert after Part 6:
Part 6ASydney
Metro
Division 1Interpretation
55ADefinitions
(1)
In this Part:
Chief
Executive Officer means the Chief Executive Officer of
Sydney Metro.
develop a
metro railway system includes:
(a)
carry out development for the purposes of a metro
railway system, and
(b)
facilitate, manage, finance or maintain any such
development, and
(c)
carry out any function ancillary to any such
development.
development means development within
the meaning of the Environmental Planning and Assessment
Act 1979, a project (within the meaning of Part 3A of that
Act) or an activity (within the meaning of Part 5 of that
Act).
(2)
In this Part, a reference to a metro railway
system includes a reference to part of a metro railway
system.
Division 2Constitution of Sydney
Metro
55BConstitution of Sydney
Metro
(1)
There is constituted by this Act a corporation
with the corporate name of Sydney Metro.
(2)
Sydney Metro is a NSW Government
agency.
(3)
Sydney Metro cannot employ any
staff.
Note—
Staff may be employed under Chapter 1A of the
Public Sector Employment and Management Act
2002 in the Government Service to enable Sydney Metro to
exercise its functions.
Division 3Functions of Sydney
Metro
55CDevelopment of metro railway
systems and associated projects
(1)
The principal functions of Sydney Metro
are:
(a)
to develop metro railway systems,
and
(b)
to hold, manage and maintain rail infrastructure
facilities of metro railways, and
(c)
to carry out development, or facilitate, manage
or finance development, on land located on, or in the vicinity of, metro
railway systems, and
(d)
to enter into leases or licences, or other
arrangements, with persons for the provision of safe and reliable metro
railway passenger services or the operation of metro railway systems or other
transport systems, and
(e)
if any such arrangements have not been made or
are, for any reason, not in place, to provide safe and reliable metro railway
passenger services or operate metro railway systems, and
(f)
to enter into leases or licences, or other
arrangements, with persons for the development, management and control or
maintenance of metro railway systems, and
(g)
without limiting paragraph (d) or (e) and subject
to this and any other Act, to make arrangements with respect to fares to be
charged for, and to charge fares for, metro railway passenger
services,
in an efficient, effective and financially responsible
manner.
(2)
Sydney Metro also has the following
functions:
(a)
to hold, manage, maintain and establish assets
associated with metro railway systems and associated transport
projects,
(b)
to conduct businesses related to its principal
functions,
(c)
to provide facilities or services that are
ancillary to or incidental to its principal functions,
(d)
to acquire and develop any
land,
(e)
to acquire or build, and maintain or dispose of,
any engines, carriages, vehicles, plant, machinery or
equipment,
(f)
to make and enter into contracts or arrangements
for the carrying out of works or the performance of services or the supply of
goods or materials,
(g)
to make and enter into contracts or arrangements
with any person for the operation by that person, on such terms as may be
agreed on, of any of Sydney Metro’s metro railway or other transport
services, or any of Sydney Metro’s businesses,
(h)
to appoint agents, and act as agents for other
persons,
(i)
to charge an agreed or reasonable amount for any
service provided by it (other than metro railway passenger
services).
(3)
Sydney Metro has such other functions as are
conferred or imposed on it by or under this or any other
Act.
55DMetro railway station
plans
(1)
Sydney Metro may, for the purpose of developing a
metro railway system, prepare station plans for land on which metro railway
stations are to be situated, and land in the vicinity of such metro railway
stations, with respect to the following matters:
(a)
development on the land, including development
for integrated transport facilities such as bus or other transport
interchanges,
(b)
traffic and parking management
arrangements,
(c)
pedestrian links and access
facilities,
(d)
retail and commercial development associated with
metro railway stations,
(e)
public domain amenities and
improvements,
(f)
station design and amenity,
(g)
other matters ancillary to the operation of metro
railway stations and any associated transport or other
facilities.
(2)
Sydney Metro is to consult with other relevant
public authorities when preparing a station plan or an amendment to a
plan.
(3)
Sydney Metro may provide a station plan to the
Minister for Planning and other relevant public authorities in connection with
the exercise by the Minister or authorities of statutory and other functions
relating to the land concerned.
55EAcquisition of land by Sydney
Metro
(1)
Sydney Metro may, for any purposes of Sydney
Metro, acquire land (including an interest in land) by agreement or by
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 a future sale, lease or
disposal, that is, to enable Sydney Metro to exercise its functions in
relation to land under this Act.
(3)
For the purposes of the Public
Works Act 1912, any such acquisition of land is taken to
be an authorised work and Sydney Metro is, in relation to that authorised
work, taken to be the Constructing Authority.
(4)
Sydney Metro may not give a proposed acquisition
notice under the Land Acquisition (Just Terms
Compensation) Act 1991 without the approval of the
Minister.
(5)
Any such acquisition is not void merely because
it is expressed to be for the purposes of Sydney Metro or for the purposes of
this Act.
(6)
Part 3 of the Public Works Act
1912 does not apply in respect of works constructed for
the purposes of this section.
Division 4Management of Sydney
Metro
55FConstitution of Sydney Metro
Board
(1)
There is constituted a Sydney Metro
Board.
(2)
The Board is to consist of:
(a)
the Chief Executive Officer of Sydney Metro,
and
(b)
1 member appointed by the Minister on the
nomination of the Treasurer, and
(c)
3 other members appointed by the
Minister.
(3)
Part 1 of Schedule 2B has effect with respect to
the constitution and procedure of the Board.
55GBoard to determine policies of
Sydney Metro
(1)
The Sydney Metro Board has the function of
determining the policies of Sydney Metro.
(2)
In exercising that function, the Board is, as far
as practicable, to ensure that the activities of Sydney Metro are carried out
properly and efficiently.
55HChief Executive Officer of
Sydney Metro
(1)
The Governor may appoint a Chief Executive
Officer of Sydney Metro.
(2)
Part 2 of Schedule 2B has effect with respect to
the Chief Executive Officer.
55IChief Executive Officer to
manage Sydney Metro
(1)
The affairs of Sydney Metro are to be managed and
controlled by the Chief Executive Officer in accordance with the policies of
the Sydney Metro Board.
(2)
Any act, matter or thing done in the name of, or
on behalf of, Sydney Metro by the Chief Executive Officer is taken to have
been done by Sydney Metro.
55JMinisterial
control
(1)
The Minister may give the Sydney Metro Board
written directions in relation to the exercise of Sydney Metro’s
functions.
(2)
Subject to this section, the Board and the Chief
Executive Officer must ensure that Sydney Metro complies with any such
direction.
(3)
If the Sydney Metro Board considers that:
(a)
Sydney Metro would suffer a significant financial
loss as a result of complying with any such direction, and
(b)
the direction is not in the commercial interests
of Sydney Metro,
the Board may request the Minister to review the
decision.
(4)
A request for a review must be made within 7 days
after the direction is given or within such other reasonable period as the
Minister determines.
(5)
If the Board requests a review, Sydney Metro is
not required to comply with the direction until notified of the
Minister’s decision following the review.
(6)
Following the review the Minister may confirm or
revoke the direction, but the Minister must not confirm the direction
unless:
(a)
the Minister has estimated the financial loss
concerned from information supplied by Sydney Metro or from other sources,
and
(b)
the Minister has referred the matter to the
Treasurer, and
(c)
the Treasurer has approved of the financial loss
being reimbursed from public revenue.
(7)
Subsections (3)–(6) do not apply to a
direction that may cause Sydney Metro to suffer a significant financial loss
as a result of complying with that direction if:
(a)
the Minister decides that the direction is
warranted on grounds involving urgency or public safety,
and
(b)
the direction is given after consultation with
the Treasurer.
(8)
The Treasurer may approve of any financial loss
resulting from a direction referred to in subsection (7) being reimbursed from
public revenue.
(9)
For the purposes of this section, the amount of
the financial loss that Sydney Metro suffers as a result of complying with a
direction includes the amount of expenditure that Sydney Metro incurs, and the
amount of revenue that Sydney Metro forgoes, as a result of complying with the
direction which it would not otherwise incur or forgo.
(10)
The amount to be reimbursed to Sydney Metro is to
be paid, from money advanced by the Treasurer or appropriated by Parliament
for that purpose, at such times and in such amounts as the Treasurer
determines after receiving advice from the Minister on the estimated financial
loss incurred by Sydney Metro from time to time.
55KSydney Metro to supply
information to Minister
Sydney Metro must:
(a)
supply the Minister or a person nominated by the
Minister with any information relating to its activities that the Minister or
person may require, and
(b)
keep the Minister informed of the general conduct
of its activities, and of any significant development in its
activities.
55LCorporate
plans
(1)
Sydney Metro must, at least 3 months before the
beginning of each financial year of Sydney Metro, prepare and deliver to the
Minister a draft corporate plan for the financial year.
(2)
Sydney Metro must:
(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.
(3)
During the preparation of a corporate plan after
the commencement of this subsection, Sydney Metro 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.
(4)
Sydney Metro is to make the completed corporate
plan available for public inspection. However, Sydney Metro is not required to
include in any draft or completed plan made available for public comment or
inspection information that is of a commercially sensitive nature or that it
would otherwise not be required to disclose under the Freedom of Information Act
1989.
(5)
Sydney Metro must, as far as practicable,
exercise its functions in accordance with the relevant corporate
plan.
(6)
A corporate plan is to specify:
(a)
the separate activities of Sydney Metro and, in
particular, the separate commercial and non-commercial activities,
and
(b)
the objectives of each such separate activity for
the financial year concerned and for future financial years,
and
(c)
the strategies, policies and budgets for
achieving those objectives in relation to each such separate activity,
and
(d)
the targets and criteria for assessing the Sydney
Metro’s performance.
(7)
This section is subject to any requirement made
by or under this Act (including the requirements of any direction by the
Minister under this Division).
55MExercise of functions through
subsidiary corporations, joint ventures etc
(1)
In this section:
subsidiary corporation means:
(a)
a public subsidiary corporation referred to in
section 55N, or
(b)
a private subsidiary corporation referred to in
section 55O.
(2)
Any function of Sydney Metro may be
exercised:
(a)
by Sydney Metro itself, or
(b)
by a subsidiary corporation,
or
(c)
by Sydney Metro or a subsidiary corporation, or
both, in a partnership, joint venture or other association with other persons
or bodies.
55NPublic subsidiary
corporations
(1)
In this section:
public
subsidiary corporation means a corporation constituted in
accordance with this section.
(2)
The regulations may constitute a corporation for
the purposes of this section with the corporate name specified in the
regulations.
(3)
A public subsidiary corporation:
(a)
has such of the functions of Sydney Metro as are
specified in the regulations or delegated to it under this Act,
and
(b)
is, for the purposes of any Act, a NSW Government
agency.
(4)
The provisions of or made under this Act or any
other Act relating to Sydney Metro apply to and in respect of a public
subsidiary corporation in such manner and to such extent as are prescribed by
the regulations.
(5)
With the approval of the Minister:
(a)
Sydney Metro may transfer any of its assets,
rights or liabilities to a public subsidiary corporation,
and
(b)
a public subsidiary corporation may transfer any
of its assets, rights or liabilities to Sydney Metro or to another public
subsidiary corporation.
(6)
The regulations may make provision for or with
respect to the vesting of those assets, rights and liabilities in the
transferee without any transfer, conveyance or
assignment.
(7)
A public subsidiary corporation is dissolved by
the repeal of the regulations by which it is constituted (unless continued in
existence by the regulations), and on any such dissolution the assets, rights
and liabilities of the corporation become the assets, rights and liabilities
of Sydney Metro.
55OPrivate subsidiary
corporations etc
(1)
In this section:
private
corporation means a corporation within the meaning of the
Corporations Act 2001 of the
Commonwealth formed in or outside New South Wales.
private
subsidiary corporation means a private corporation in which
Sydney Metro has a controlling interest.
(2)
Sydney Metro may, subject to subsection
(3):
(a)
form, or participate in the formation of, private
corporations, and
(b)
acquire interests in private corporations,
and
(c)
sell or otherwise dispose of interests in private
corporations,
whether or not the activities or proposed activities of
any such private corporation are related to metro
railways.
(3)
Sydney Metro must not, without the approval of
the Minister:
(a)
form, or participate in the formation of, a
private subsidiary corporation, or
(b)
acquire an interest in a private corporation so
that, as a result of the acquisition, the corporation becomes a private
subsidiary corporation, or
(c)
sell or otherwise dispose of any interest in a
private subsidiary corporation so that, as a result of the sale or disposal,
it ceases to be a private subsidiary corporation.
(4)
A private subsidiary corporation is not a NSW
Government agency.
55PDelegation of functions of
Sydney Metro
(1)
Sydney Metro may delegate to an authorised person
any of its functions, other than this power of
delegation.
(2)
A delegate may sub-delegate to an authorised
person any function delegated by Sydney Metro if the delegate is authorised in
writing to do so by Sydney Metro.
(3)
In this section, authorised person means:
(a)
an officer of Sydney Metro,
or
(b)
a person of a class prescribed by the regulations
or approved by the Sydney Metro Board.
Division 5General
55QMisuse of
information
(1)
A person must not use, either directly or
indirectly, commercial information acquired by the person in the
administration or execution of this Part for the purpose of gaining either
directly or indirectly any financial advantage for the person, the
person’s spouse or de facto partner, a relative of the person or any
other associate of the person.
Maximum penalty: 50 penalty
units.
(2)
In this section:
commercial information means
information that is not generally known but if generally known might
reasonably be expected to affect materially the market value or price of any
land or to influence materially the success of any tender for a contract with
Sydney Metro.
de facto
partner means the other party to a de facto relationship
within the meaning of the Property (Relationships) Act
1984.
55RAuthorisations for section 51
of the Trade Practices Act 1974 (Cth) and
Competition Code
(1)
The following agreements and conduct are
specifically authorised by this Act for the purposes of section 51 of the
Trade
Practices Act 1974 of the Commonwealth and the Competition
Code of New South Wales:
(a)
any agreements entered into by Sydney Metro, or
by a person or body with the approval or authority of Sydney Metro, relating
to or in connection with a metro railway system,
(b)
the conduct of the parties in entering into any
such agreements,
(c)
the conduct of the parties in performing any such
agreements and any matter or thing done or omitted to be done by any of the
parties in performing any such agreements.
(2)
In this section, agreement includes a contract,
arrangement or understanding.
55SRoads authority consent not
required to certain work by Sydney Metro
(1)
Section 138 of the Roads
Act 1993 does not apply to anything done by Sydney Metro
in relation to a classified road (within the meaning of that Act), for which a
council is the roads authority, for the purposes of exercising its functions
under this Act.
(2)
However, Sydney Metro must not do anything
referred to in section 138 (1) of that Act in relation to any such road except
with the consent of the Roads and Traffic Authority.
[8]Part 7, Division 1,
heading
Omit “or ITSRR”. Insert
instead “, Sydney Metro or ITSRR”.
[9]Section 56 Application of
Division
Omit “or the ITSRR”. Insert instead
“, the ITSRR or Sydney Metro”.
[10]Part 8, Division
2A
Insert after Division 2:
Division 2AFinancial provisions relating
to Sydney Metro
76ASydney Metro
Fund
There is to be established in the Special
Deposits Account a Sydney Metro Fund.
76BPayments into Sydney Metro
Fund
There is to be paid into the Sydney Metro
Fund:
(a)
all money received by or on account of Sydney
Metro, and
(b)
all money advanced by the Treasurer for the Fund,
and
(c)
all money advanced to Sydney Metro by the
Treasurer or appropriated by Parliament for the purposes of Sydney Metro,
and
(d)
all other money required by or under this or any
other Act to be paid into the Fund.
76CPayments from Sydney Metro
Fund
There is to paid from the Sydney Metro
Fund:
(a)
all payments made on account of Sydney Metro or
otherwise required to meet expenditure incurred in relation to the functions
of Sydney Metro, and
(b)
all other payments required by or under this or
any other Act to be paid from the Fund.
[11]Section 89
Definitions
Insert “, Sydney Metro” after
“Transport Infrastructure Development Corporation” in the
definition of rail
authority.
[12]Section 89, definition of
“railway system”
Omit the definition.
[13]Section 89, definition of
“State rail operator”
Insert “, Sydney Metro” after
“RailCorp”.
[14]Section 94 Transfers of
assets, rights and liabilities
Insert “or a local council” after
“the Crown” where secondly occurring in section 94
(1).
[15]Section 99A Closure and
disposal of railway lines
Insert after section 99A (3):
(4)
This section does not apply to a metro railway
system.
[16]Section 107 Definition of
“transport authority”
Insert at the end of section 107 (1) (d):
, or
(e)
Sydney Metro.
[17]Section 112 Personal liability
of certain persons
Insert “or omitted to be done” after
“done” wherever occurring in section 112
(1).
[18]Section 112 (2), definition of
“member of a transport authority”
Omit “and the Roads and Traffic
Authority”.
Insert instead “, the Roads and Traffic
Authority and Sydney Metro”.
[19]Section 112 (2), definition of
“transport authority”
Insert before paragraph (a):
(aa)
the Sydney Metro Board,
and
[20]Section 116 Liability of
vehicle owner for parking offences on Authority’s
land
Insert “, Sydney Metro” after
“Sydney Ferries” in the definition of parking offence in section 116
(7).
[21]Schedule
2B
Insert after Schedule 2A:
Schedule 2BConstitution and procedure and
CEO of Sydney Metro
(Sections 55F (3) and 55H
(2))
Part 1Provisions relating to
constitution and procedure of Sydney Metro Board
1Definitions
In this Schedule:
appointed
member means a member of the Board other than the Chief
Executive Officer of Sydney Metro.
Board means the Sydney Metro
Board.
Chairperson means the Chairperson of
the Board.
member means the Chief Executive
Officer of Sydney Metro or an appointed member.
2Chairperson of
Board
(1)
The Minister is to appoint one of the appointed
members of the Board as Chairperson of the Board.
(2)
The appointment may be in and by the
member’s instrument of appointment as a member or in and by another
instrument executed by the Minister.
(3)
The Minister may remove a member from the office
of Chairperson at any time.
(4)
A person who is a member and Chairperson vacates
office as Chairperson if the person:
(a)
is removed from that office by the Minister,
or
(b)
resigns that office by instrument in writing
addressed to the Minister, or
(c)
ceases to be a member.
3Terms of office of
members
Subject to this Part and the regulations, an
appointed member holds office for such period (not exceeding 5 years) as is
specified in the member’s instrument of appointment, but is eligible (if
otherwise qualified) for re-appointment.
4Remuneration
An appointed member is entitled to be paid such
remuneration (including travelling and subsistence allowances) as the Minister
may from time to time determine in respect of the
member.
5Deputies
(1)
A member may, from time to time, appoint a person
to be the deputy of the member, and may revoke any such
appointment.
(2)
In the absence of a member, the member’s
deputy may, if available, act in the place of the
member.
(3)
While acting in the place of a member, a person
has all the functions of the member and is taken to be a
member.
(4)
For the purposes of this clause, a vacancy in the
office of a member is taken to be an absence of the
member.
(5)
This clause does not operate to confer on the
deputy of a member who is the Chairperson the member’s functions as
Chairperson.
(6)
An appointed member may appoint a deputy only
with the approval of the Chairperson.
6Vacancy in office of appointed
member
(1)
The office of an appointed member becomes vacant
if the member:
(a)
dies, or
(b)
completes a term of office and is not
re-appointed, or
(c)
resigns the office by instrument in writing
addressed to the Minister, or
(d)
is removed from office by the Minister under this
clause, or
(e)
is absent from 3 consecutive meetings of the
Board of which reasonable notice has been given to the member personally or by
post, except on leave granted by the Minister or unless the member is excused
by the Minister for having been absent from those meetings,
or
(f)
becomes bankrupt, applies to take the benefit of
any law for the relief of bankrupt or insolvent debtors, compounds with his or
her creditors or makes an assignment of his or her remuneration for their
benefit, or
(g)
becomes a mentally incapacitated person,
or
(h)
is convicted in New South Wales of an offence
that is punishable by imprisonment for 6 months or more or is convicted
elsewhere than in New South Wales of an offence that, if committed in New
South Wales, would be an offence so punishable.
(2)
The Minister may remove an appointed member from
office at any time.
7Filling of vacancy in office
of appointed member
If the office of any appointed member becomes
vacant, a person is, subject to this Act and the regulations, to be appointed
to fill the vacancy.
8Disclosure of pecuniary
interests
(1)
If:
(a)
a member has a direct or indirect pecuniary
interest in a matter being considered or about to be considered at a meeting
of the Board, and
(b)
the interest appears to raise a conflict with the
proper performance of the member’s duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant
facts have come to the member’s knowledge, disclose the nature of the
interest at a meeting of the Board.
(2)
A disclosure by a member at a meeting of the
Board that the member:
(a)
is a member, or is in the employment, of a
specified company or other body, or
(b)
is a partner, or is in the employment, of a
specified person, or
(c)
has some other specified interest relating to a
specified company or other body or to a specified
person,
is a sufficient disclosure of the nature of the interest
in any matter relating to that company or other body or to that person which
may arise after the date of the disclosure and which is required to be
disclosed under subclause (1).
(3)
Particulars of any disclosure made under this
clause must be recorded by the Board in a book kept for the purpose and that
book must be open at all reasonable hours to inspection by any person on
payment of the fee determined by the Board.
(4)
After a member has disclosed the nature of an
interest in any matter, the member must not, unless the Minister or the Board
otherwise determines:
(a)
be present during any deliberation of the Board
with respect to the matter, or
(b)
take part in any decision of the Board with
respect to the matter.
(5)
For the purposes of the making of a determination
by the Board under subclause (4), a member who has a direct or indirect
pecuniary interest in a matter to which the disclosure relates must
not:
(a)
be present during any deliberation of the Board
for the purpose of making the determination, or
(b)
take part in the making by the Board of the
determination.
(6)
A contravention of this clause does not
invalidate any decision of the Board.
(7)
This clause applies to a member of a committee of
the Board and the committee in the same way as it applies to a member of the
Board and the Board.
9Transaction of business
outside meetings or by telephone
(1)
The Board may, if it thinks fit, transact any of
its business by the circulation of papers among all the members of the Board
for the time being, and a resolution in writing approved in writing by a
majority of those members is taken to be a decision of the
Board.
(2)
The Board may, if it thinks fit, transact any of
its business at a meeting at which members (or some members) participate by
telephone, closed-circuit television or other means, but only if any member
who speaks on a matter before the meeting can be heard by the other
members.
(3)
For the purposes of:
(a)
the approval of a resolution under subclause (1),
or
(b)
a meeting held in accordance with subclause
(2),
the Chairperson and each member have the same voting
rights as they have at an ordinary meeting of the Board.
(4)
A resolution approved under subclause (1) is,
subject to the regulations, to be recorded in the minutes of the meetings of
the Board.
(5)
Papers may be circulated among the members for
the purposes of subclause (1) by facsimile or other transmission of the
information in the papers concerned.
10Effect of certain other
Acts
(1)
Chapter 2 of the Public Sector
Employment and Management Act 2002 does not apply to or in
respect of the appointment of an appointed member.
(2)
If by or under any Act provision is made:
(a)
requiring a person who is the holder of a
specified office to devote the whole of his or her time to the duties of that
office, or
(b)
prohibiting the person from engaging in
employment outside the duties of that office,
the provision does not operate to disqualify the person
from holding that office and also the office of an appointed member or from
accepting and retaining any remuneration payable to the person under this Act
as a member.
11General
procedure
The procedure for the calling of meetings of the
Board and for the conduct of business at those meetings is, subject to this
Act and the regulations, to be as determined by the
Board.
12Quorum
The quorum for a meeting of the Board is a
majority of its members for the time being, including the Chairperson or the
Chairperson’s deputy.
13Presiding
member
(1)
The Chairperson (or, in the absence of the
Chairperson, a person elected by the members of the Board who are present at a
meeting of the Board) is to preside at a meeting of the
Board.
(2)
The presiding member has a deliberative vote and,
in the event of an equality of votes, has a second or casting
vote.
14Voting
A decision supported by a majority of the votes
cast at a meeting of the Board at which a quorum is present is the decision of
the Board.
15First
meeting
The Minister may call the first meeting of the
Board in such manner as the Minister thinks fit.
Part 2Provisions relating to Chief
Executive Officer of Sydney Metro
16Employment of Chief Executive
Officer
The employment of the Chief Executive Officer of
Sydney Metro is subject to Part 3.1 of the Public Sector
Employment and Management Act 2002, but is not subject to
Chapter 2 of that Act.
17Acting Chief Executive
Officer
(1)
The Minister may, from time to time, appoint a
person to act in the office of Chief Executive Officer of Sydney Metro during
the illness or absence of the Chief Executive Officer, and the person, while
so acting, has all the functions of the Chief Executive Officer and is taken
to be the Chief Executive Officer.
(2)
The Minister may, at any time, remove any person
from an office to which the person was appointed under this
clause.
(3)
A person while acting in the office of Chief
Executive Officer is entitled to be paid such remuneration (including
travelling and subsistence allowances) as the Minister may from time to time
determine in respect of the person.
(4)
For the purposes of this clause, a vacancy in the
office of Chief Executive Officer is to be regarded as an absence from office
of the Chief Executive Officer.
[22]Schedule 4 Transfer of assets,
rights and liabilities
Insert “and whether personal or
assignable” after “contingent” in the definition of assets in clause
1.
[23]Schedule 4, clause 1,
definitions of “liabilities” and
“rights”
Insert “and whether personal or
assignable” after “contingent” wherever
occurring.
[24]Schedule 4, clause 3
(d1)
Insert after clause 3 (d):
(d1)
the transferee has all the entitlements and
obligations of the transferor in relation to those assets, rights and
liabilities that the transferor would have had but for the order, whether or
not those entitlements and obligations were actual or potential at the time
the order took effect,
[25]Schedule 5 Extended leave for
certain staff
Insert “, Sydney Metro” after
“Independent Transport Safety and Reliability Regulator” in the
definition of Authority in clause
2.
[26]Schedule 6A Powers relating to
rail infrastructure facilities and land
Insert after paragraph (a) of the definition of
owner of railway land, rail
infrastructure facilities or a railway building in clause 1:
(a1)
in the case of any land, rail infrastructure
facilities or any railway building that is managed or controlled by Sydney
Metro for the purposes of exercising its functions under this Act, Sydney
Metro, or
[27]Schedule 6A, clause 1,
definition of “rail authority”
Omit “and Transport Infrastructure
Development Corporation” from paragraph (a).
Insert instead “, Transport Infrastructure
Development Corporation and Sydney Metro”.
[28]Schedule 6A, clause
2CA
Insert after clause 2C:
2CASydney Metro’s rail
infrastructure facilities
Sydney Metro is the owner of all rail
infrastructure facilities installed in or on land, in or on rivers and other
waterways and in or on the beds of rivers and waterways by Sydney Metro and of
all rail infrastructure facilities vested in or transferred to Sydney Metro
(whether or not the place on which the facilities are situated is owned by
Sydney Metro).
[29]Schedule 6A, clause 3
(1C)
Insert after clause 3 (1B):
(1C)
Without limiting this clause, the power of entry
conferred by it for the purposes referred to in subclause (1) includes the
power to enter land for the purpose of carrying out geotechnical surveys with
respect to railway land.
[30]Schedule 6B Special provisions
for underground rail facilities
Insert “, Sydney Metro” after
“ARTC” in the definition of rail authority in clause 1
(1).
[31]Schedule 7 Savings,
transitional and other provisions
Insert at the end of clause 2 (1):
Transport
Administration Amendment (Metro Rail) Act
2008
[32]Schedule
7
Insert at the end of the Schedule with
appropriate Part and clause numbering:
PartProvisions consequent on
enactment of Transport Administration Amendment
(Metro Rail) Act 2008
Interpretation
In this Part, amending
Act means the Transport
Administration Amendment (Metro Rail) Act
2008.
First corporate
plan
Sydney Metro is to prepare its first corporate
plan, in accordance with section 55L, as inserted by the amending Act, within
the period approved by the Minister for the purposes of this
clause.
Transfers of assets and
liabilities—validation
(1)
Schedule 4, as amended by the amending Act,
extends to any transfer of assets, rights or liabilities, consequent on an
order to which that Schedule applies, that was made at any time before the
commencement of those amendments.
(2)
For that purpose:
(a)
the amendments are taken to have been in force
when the relevant transfers occurred, and
(b)
any such transfer is taken to have been validly
made if it could have been made after that
commencement.
(3)
This clause does not apply to any transfer to the
extent that it is affected by any proceedings of a court that were finally
determined before that commencement.
(4)
For the purposes of this clause, proceedings are
not finally determined if:
(a)
any period for bringing an appeal as of right in
respect of the proceedings has not expired (ignoring any period that may be
available by way of extension of time to appeal), or
(b)
any appeal in respect of the proceedings is
pending (whether or not it is an appeal brought as of
right).
Schedule 2Amendment of other
Acts
(Section 4)
2.1Electricity Supply Act 1995 No
94
[1]Section 106
Regulations
Insert “, Sydney Metro” after
“Transport Infrastructure Development Corporation” in section 106
(2A).
[2]Dictionary
Insert “or Sydney Metro” after
“Rail Infrastructure Corporation” in the definition of rail
network electricity system.
2.2Local
Government Act 1993 No 30
[1]Section 555 What land is
exempt from all rates?
Insert “, Sydney Metro” after
“Rail Corporation New South Wales” in section 555 (1)
(g1).
[2]Section 600 Rebates in respect
of certain land vested in public bodies
Insert “, Sydney Metro” after
“Rail Infrastructure Corporation” in the definition of public body in section 600
(9).
[3]Section 742 Dispute
resolution
Insert at the end of section 742 (7):
•
Sydney Metro
2.3Pipelines Act 1967 No
90
Section 3
Definitions
Insert “, Sydney Metro” after
“Transport Infrastructure Development Corporation” in paragraph
(a) of the definition of public
authority in section 3 (1).
2.4Public
Sector Employment and Management Act 2002 No
43
[1]Schedule 1 Divisions of the
Government Service
Insert in appropriate order in Columns 1 and 2,
respectively, in Part 2:
Sydney
Metro Division
Chief
Executive Officer of Sydney Metro
[2]Schedule 2 Executive positions
(other than non-statutory SES positions)
Insert in appropriate order in Part 2:
Chief Executive Officer of Sydney
Metro
2.5Roads
Act 1993 No 33
Section 94 Roads authority may
carry out drainage work across land adjoining public road
etc
Insert “, Sydney Metro” after
“Transport Infrastructure Development Corporation” in section 94
(2).
Historical
notes
Table of amending
instruments
Transport
Administration Amendment (Metro Rail) Act 2008 No 115.
Assented to 10.12.2008. Date of commencement, 27.1.2009, sec 2 and GG No 20 of
23.1.2009, p 395.