Part 1 Preliminary
1 Name of Regulation
This Regulation is the Transport Administration (General) Regulation 2018.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.Note—This Regulation repeals and replaces the Transport Administration (General) Regulation 2013, which would otherwise be repealed on 1 September 2018 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation—Authority land means NSW Trains land, RailCorp land, RTC land, STA land, Sydney Ferries land, Sydney Metro land, Sydney Trains land or TfNSW land.driver of a vehicle includes any person riding or drawing a vehicle or riding or leading an animal that is drawing a vehicle.NSW Trains land means land vested in NSW Trains.prescribed traffic control device has the same meaning as in Part 5.3 of the Road Transport Act 2013.RailCorp land means land vested in RailCorp.relevant Authority means—(a) NSW Trains, in relation to NSW Trains land, or(b) RailCorp, in relation to RailCorp land, or(c) RTC, in relation to RTC land, or(d) the STA, in relation to STA land, or(e) Sydney Ferries, in relation to Sydney Ferries land, or(f) Sydney Metro, in relation to Sydney Metro land, or(g) Sydney Trains, in relation to Sydney Trains land, or(h) TfNSW, in relation to TfNSW land.RTC land means land vested in RTC.STA means the State Transit Authority.STA land means land vested in the STA.Sydney Ferries land means land vested in Sydney Ferries.Sydney Metro land means land vested in Sydney Metro.Sydney Trains land means land vested in Sydney Trains.TfNSW land means land vested in TfNSW.the Act means the Transport Administration Act 1988.traffic control device means a sign, signal, marking or other device that—(a) is in the form of, or is in similar form to, a prescribed traffic control device, and(b) is erected, displayed or marked on Authority land by order of the relevant Authority.traffic control officer means—(a) a police officer, or(b) a person or a member of a class of persons appointed in writing for the purposes of this definition by the Transport Secretary, or(c) a person or a member of a class of persons appointed in writing for the purposes of this definition by the Chief Executive of RailCorp, in relation to RailCorp land, or(d) a person or member of a class of persons appointed in writing for the purposes of this definition by the Chief Executive of Sydney Trains, in relation to Sydney Trains land, or(e) a person or member of a class of persons appointed in writing for the purposes of this definition by the Chief Executive of NSW Trains, in relation to NSW Trains land, or(f) a person or a member of a class of persons appointed in writing for the purposes of this definition by the Chief Executive of the STA, in relation to STA land, or(g) a person or a member of a class of persons appointed in writing for the purposes of this definition by the Chief Executive of Sydney Ferries, in relation to Sydney Ferries land, or(h) a person or a member of a class of persons appointed in writing for the purposes of this definition by the Chief Executive of Sydney Metro, in relation to Sydney Metro land.vehicle includes a bicycle, but does not include any vehicle used on railway lines.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.
Part 2 Traffic control
4 Traffic control devices
(1) A traffic control device has the same operation in respect of the land to which it applies as the equivalent prescribed traffic control device has in respect of the length of road or area to which it applies.(2) Despite subclause (1), a traffic control device displaying the words “receipt and delivery zone” has the same operation in respect of the land to which it applies as a prescribed traffic control device displaying the words “loading zone” has in respect of the length of road or area to which it applies.
5 Powers of traffic control officers and duties of drivers
(1) The driver of a vehicle on Authority land must give to a traffic control officer such information regarding the standing or parking of the vehicle on the land as the officer requires.Maximum penalty—5 penalty units.(2) A traffic control officer may give one or more of the following directions to the driver of a vehicle standing or parking on Authority land—(a) to not stand or park the vehicle on the land or a part of the land,(b) to remove the vehicle from the land or a part of the land,(c) to move the vehicle to a particular position or so as to join a particular line of vehicles on the land or to stand or park the vehicle in a particular location,(d) any other direction relating to the standing or parking of the vehicle on the land.(3) The driver of a vehicle to whom such a direction is given must not fail to comply with the direction.Maximum penalty (subclause (3)): 5 penalty units.
6 Parking of vehicles only in parking areas
(1) A person must not cause a vehicle to stand or be parked on Authority land on which—(a) there is no traffic control device erected, displayed or marked, or(b) there is no other sign that, by order of the relevant Authority, is erected, displayed or marked and permits the standing or parking of vehicles.Maximum penalty—5 penalty units.(2) This clause does not prohibit—(a) the standing of a vehicle while it is actually engaged in taking up or setting down goods, or while any person is actually entering or alighting from it, or(b) the standing or parking of a vehicle as directed or authorised by a traffic control officer.
7 Parking contrary to traffic control devices
(1) A person must not, on Authority land, cause a vehicle to stand or be parked in contravention of the direction appearing on, or represented by, any traffic control device that is erected, displayed or marked on that land.Maximum penalty—5 penalty units.(2) This clause does not prohibit the standing or parking of a vehicle as directed or authorised by a traffic control officer.
8 False representation
A person must not falsely represent—(a) that he or she or any other person is a traffic control officer exercising the powers of a traffic control officer under this Regulation, or(b) that a notice or sign is, by order of the relevant Authority, erected, displayed or marked on Authority land, or(c) that a direction relating to the standing or parking of a vehicle on Authority land has been given by a traffic control officer.Maximum penalty—2 penalty units.
9 Prescribed traffic control facilities
For the purposes of paragraph (b) (ii) of the definition of traffic control facility in clause 8A of Schedule 1 to the Act, the road transport legislation within the meaning of the Road Transport Act 2013 is prescribed.cl 9: Am 2019 No 19, Sch 2.3[1].
Part 3 ARTC arrangements
10 Interpretation
(1) In this Part—local government rate means a rate levied by a council under the Local Government Act 1993, but does not include a charge levied by a council on land.temporary member of staff of ARTC means a member of staff of a rail authority who is temporarily placed with ARTC under Division 5 of Part 8A of the Act.means the rail authority from which a temporary member of staff of ARTC is temporarily placed with ARTC under Division 5 of Part 8A of the Act.work injury damages has the same meaning as it has in section 88ZA of the Act.(2) Other words and expressions used in this Part have the same meanings as they have in Part 8A of the Act.
11 Exemptions from duty
Duty under the Duties Act 1997 is not chargeable in respect of any of the following arrangements, or any variation of any such arrangement—(a) a lease, licence, agreement or other arrangement under section 88B of the Act,(b) a memorandum of understanding to enter into a lease, licence, agreement or other arrangement under section 88B of the Act,(c) an agreement or other arrangement under section 88C of the Act,(d) an agreement or other arrangement under section 88D of the Act or a memorandum of understanding to enter into any such agreement or other arrangement,(e) an agreement for the sale by a rail authority to ARTC of plant, machinery, equipment, stores or consumables,(f) an agreement under section 88U of the Act and any associated agreement between a rail authority and ARTC,(g) an agreement between New South Wales, the Commonwealth and ARTC relating to the leasing of, and other arrangements for, the NSW rail network,(h) any other agreement entered into by ARTC and a rail authority with each other, or by ARTC and a rail authority with New South Wales or the Commonwealth (or both of them), to give effect to an ARTC arrangement,(i) any other agreement entered into by a rail authority with New South Wales or the Commonwealth to give effect to an ARTC arrangement.
12 Exemptions from land tax and rates
(1) This clause applies to land subject to an ARTC lease or licence (being land that is not otherwise exempt from land tax or local government rates) if—(a) rail infrastructure facilities are installed in, on or over the land or it is vacant land, or(b) the land is used primarily for railway purposes.(2) To avoid doubt, this clause applies to land referred to in subclause (1) that is leased by ARTC to another person.(3) In this clause, railway purposes include—(a) the operation and maintenance of the NSW rail network, and(b) stations and platforms, and(c) office buildings used in association with a purpose referred to in paragraph (a) or (b), andbut do not include rolling stock maintenance facilities, freight centres or depots or related facilities.(d) purposes ancillary to a purpose referred to in paragraph (a) or (b),(4) Land tax is not payable by ARTC in relation to land to which this clause applies.(5) Local government rates are not payable in relation to land to which this clause applies.
13 Limitation on liability of ARTC for common law damages
(1) For the purposes of section 88ZA (2) of the Act, the following provisions of the Workers Compensation Act 1987 (the applied common law provisions) apply both to work injury damages recoverable from ARTC, and to work injury damages recoverable from the transferring rail authority, by or in respect of a temporary member of staff of ARTC—(a) Divisions 1, 1A, 2 and 3 of Part 5,(b) section 151Z.(2) The applied common law provisions apply as if ARTC were an employer of the member of staff in addition to the transferring rail authority.(3) Sections 151A, 151C, 151D and 151Z of the Workers Compensation Act 1987 apply to and in respect of ARTC as if it were an employer liable to pay compensation under that Act.(4) Section 151I of the Workers Compensation Act 1987 applies to work injury damages recoverable from ARTC as if the following subsection were inserted after section 151I (3)—(4) In awarding damages in respect of an injured or deceased worker, the court is to reduce the amount otherwise payable under this section by ARTC by the amount of any damages recovered or recoverable from the transferring rail authority.
14 ARTC to be endorsed on self-insurer licences
(1) For the purposes of section 88ZA (1) (d) and (e), (3) and (4) of the Act, section 211A of the Workers Compensation Act 1987 applies to ARTC as if it were a wholly owned subsidiary of any rail authority that has employees who are temporary members of staff of ARTC.(2) For that purpose, section 211A (1) of that Act is modified to require the WorkCover Authority to endorse the name of ARTC on a self-insurer licence granted to any such rail authority, if requested to do so by the rail authority and ARTC.(3) On endorsement on the self-insurer licence, ARTC has all the functions under that Act of a wholly owned subsidiary that is endorsed on the self-insurer licence of a rail authority, but only to the extent that they relate to temporary members of staff of ARTC.(4) Any such endorsement is taken to have effect on and from the first date on which employees of the rail authority became temporary members of staff of ARTC.(5) In this clause—means RailCorp or TfNSW.self-insurer licence means a licence in force under Division 5 of Part 7 of the Workers Compensation Act 1987.
15 Entitlements of former rail authority employees to recognition of past service
(1) This clause applies to members of staff of ARTC who—(a) became employees of ARTC on or after 1 June 2004 and not later than 30 days after the commencement of the operation of the first lease between ARTC and a rail authority under Part 8A of the Act, and(b) were employed by a rail authority not more than 30 days before being so employed by ARTC, and(c) have been declared by the rail authority or the chief executive of the rail authority to be surplus to the rail authority’s requirements and to be eligible for the benefit of this clause.Note—The first lease under Part 8A of the Act between ARTC and a rail authority commenced on 5 September 2004.(2) Despite subclauses (3)–(5), a member of staff who elected to cash out his or her leave entitlements under clause 10F of the Transport Administration (General) Regulation 2000 does not retain any rights to any such leave entitlements. However, previous service is to be taken into account for the purposes of an entitlement to long service leave in respect of future service.(3) Continuous service of a member of staff with one or more rail authorities is taken, for all purposes, as service with ARTC.(4) In particular, without limiting the operation of subclause (3), a member of staff retains any leave entitlements accrued in previous employment with one or more rail authorities.(5) A person’s entitlement to any such leave is to be calculated—(a) for such part of any period during which that leave accrued or was accruing as occurred before the day on which the person commenced employment with ARTC—at the rate of accrual for the time being applicable to the person before that day (as an employee of the rail authority), and(b) for such part of that period as occurred after the day on which the person commenced employment with ARTC—at the rate of accrual for the time being applicable to the person after that day (as an employee of the ARTC).(6) In this clause—leave entitlements means entitlements to annual leave, extended leave, long service leave, sick leave and public holidays.
Part 3A Light rail system
pt 3A (cl 15A): Ins 2018 (705), Sch 1.
15A Declaration of Parramatta Light Rail System
(1) For the purposes of section 104N (2) of the Act, the route from Westmead to Camellia, via Parramatta, by road and then following the rail corridor north to Carlingford and east to Rosehill, as shown edged heavy black on the Parramatta Light Rail Map, generally passing along or through the roads, road related areas, rail corridors and other land (including land at Rosehill to be used as a stabling and maintenance facility), so shown on the map, is declared to be the route of a light rail system.Note 1—The route passes along or through Railway Parade, Hawkesbury Road, Hainsworth Street, roads within the grounds of Cumberland Hospital, Factory Street, Church Street, Macquarie Street, Harris Street, George Street, Alfred Street, River Road West, Tramway Avenue then on a new bridge over Clay Cliff Creek, James Ruse Drive and Grand Avenue North.Note 2—The route includes tie-in areas at intersections with Darcy Road, Queens Road, Caroline Street, Jessie Street, roads within the grounds of Cumberland Hospital, Fleet Street, New Street, O’Connell Street, Galloway Street, Pennant Hills Road, Albert Street, Harold Street, Fennell Street, Grose Street, Ross Street, Victoria Road, Palmer Street, Market Street, Phillip Street, George Street, United Lane, Horwood Place, Smith Street, Barrack Lane, Charles Street, Argus Lane, Purchase Street, Noller Parade and Arthur Street.Note 3—The route also passes through Prince Alfred Square, Centenary Square, Queens Wharf Reserve, the site of Cumberland Hospital, Robin Thomas Reserve, Anna Maria King Park, Winjoy Reserve, Vineyard Creek Reserve and K13 Submarine Memorial Park.Note 4—Once a light rail route is declared the light rail system includes 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 light rail services (see section 104N (1) of the Act). Other associated facilities may include stabling facilities and substations (including land at Rosehill to be used as a stabling and maintenance facility).(2) The route of the light rail system includes the following—(a) the full width of any road that the route follows,Note—A road is defined under the Act to include a road related area. A road related area includes a footpath or nature strip adjacent to a road, so that the route includes all the land from a road included in the route to the nearest property boundary.(b) the stratum above and below the surface area of land as shown on that map,(c) the area of any bridge, viaduct or other support over which the route passes.(3) In this clause, Parramatta Light Rail Map means the map of the route of the Parramatta Light Rail system published in the Gazette on or before the commencement of this clause.pt 3A (cl 15A): Ins 2018 (705), Sch 1.
Part 3B Rail trails
pt 3B: Ins 2023 (585), Sch 1[1].
15B Use and lease of land for recreation and tourism—the Act, s 99E(2)(a)(i) and (b) and (3)
(1) This clause applies to the land along the rail corridor for the disused Casino to Murwillumbah railway line between the Back Creek Bridge at Bentley and the Union Street railway bridge at Lismore, not including either bridge, that is vested in TAHE as at 1 September 2023 (the specified land).(2) The specified land may be used for recreation, tourism or related purposes.(3) Railway tracks and other works may be removed from the specified land for the purposes of the use of the land under subclause (2).(4) The rail infrastructure owner of the specified land may enter into a lease of the land with a local council or joint organisation for the use of the land for recreation, tourism or related purposes.cl 15B: Ins 2023 (585), Sch 1[1].
15C Subleases of authorised leases—the Act, s 99E(9)(b)
A sublease of an authorised lease of land under clause 15B(4) may be entered into only for the use of the land for recreation, tourism or related purposes.cl 15C: Ins 2023 (585), Sch 1[1].
15D Matters that must be included in authorised leases and subleases—the Act, s 99E(9)(c)
An authorised lease or sublease must include the matters set out in Schedule 2.cl 15D: Ins 2023 (585), Sch 1[1].
15E Termination of authorised leases—the Act, s 99E(7) and (9)(d)
The Minister must not terminate an authorised lease unless the Minister—(a) consults with the lessee regarding the proposed termination, and(b) consults with the Minister administering the Regional Development Act 2004, and(c) gives at least 3 months notice of termination to the lessee.cl 15E: Ins 2023 (585), Sch 1[1].
Part 4 Miscellaneous
16 Authorised officers
A traffic control officer (other than a police officer) is declared to be an authorised officer for the purposes of section 117 (9) (b) of the Act.
17 Removing or damaging a penalty notice
A person must not, without reasonable excuse, remove or deface, destroy or otherwise damage any notice left on or attached to a vehicle under section 117 (3) (b) of the Act.Maximum penalty—2 penalty units.
18 Obstructing an officer
A person must not obstruct or hinder a traffic control officer in the exercise of any power conferred by this Regulation.Maximum penalty—4 penalty units.
19 Additional class of persons to whom TfNSW may delegate functions
For the purposes of the definition of in section 3I of the Act, the class of persons consisting of persons holding the office of Point to Point Transport Commissioner under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016, and persons acting in that office, is prescribed as a class.
20 Further additional classes of persons to whom TfNSW may delegate functions
(1) The following classes of persons are prescribed for the purposes of the definition of in section 3I (3) of the Act—(a) chairpersons of committees established by TfNSW to provide advice on traffic and associated matters,(b) councils, councillors of councils and the staff of councils,(c) persons employed in the government sector within the meaning of the Government Sector Employment Act 2013,(d) authorities of the Commonwealth, the members and staff of those authorities and the staff of government departments of the Commonwealth,(e) persons with whom TfNSW has entered into a registration scheme agreement,(f) the National Heavy Vehicle Regulator and the members of staff of the National Heavy Vehicle Regulator.(2) In this clause—National Heavy Vehicle Regulator means the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (NSW), section 656.registration scheme agreement means an agreement known as a Dealer Vehicle Registration Scheme agreement or a Maritime Dealer Vessel Registration Scheme under which TfNSW authorises a person to perform functions relating to the registration of vehicles.cl 20: Am 2019 No 19, Sch 2.3[2]; 2020 No 30, Sch 4.114; 2022 (416), Sch 5[1] [2].
21 Transport districts
For the purposes of section 108 of the Act, the boundaries of the transport districts are as follows—(a) the boundaries of the Metropolitan transport district are the boundaries of the area comprising the County of Cumberland (excluding any area within the local government area of City of Wollongong) and the Parish of Cowan in the County of Northumberland,(b) the boundaries of the Newcastle transport district are the boundaries of the area comprising the local government area of City of Newcastle, the Parishes of Teralba and Kahibah, that part of the Parish of Wallarah in the local government area of City of Lake Macquarie and the area of Kooragang Island,(c) the boundaries of the Wollongong transport district are the boundaries of the area comprising the local government area of City of Wollongong.
21A Exemption from State taxes for TAHE as a SOC—the Act, Sch 7, cl 227(4)
(1) State tax is not chargeable in respect of any of the following—(a) land owned by, or leased to, TAHE and used primarily for railway purposes, other than land subject to a lease or licence by TAHE to another person other than a public transport agency,(b) another matter or thing done by TAHE in the exercise of its functions.(2) This clause is repealed on 1 July 2024.cl 21A: Ins 2021 (387), cl 3. Am 2023 (321), sec 3.
22 Interpretation of references to SRA
The references to the State Rail Authority in Part 2 of the Table to clause 15 and in clauses 20A and 52 of Sydney Regional Environmental Plan No 26—City West are taken to include references to RailCorp, Sydney Trains, NSW Trains and TfNSW.
23 Reference to RailCorp
A reference to RailCorp in Schedule 1 to the Water Savings Order 2005 includes a reference to NSW Trains and Sydney Trains.
24 Repeal and savings
(1) The Transport Administration (General) Regulation 2013 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Transport Administration (General) Regulation 2013, had effect under that Regulation is taken to have effect under this Regulation.(3) The repeal of the Transport Administration (General) Regulation 2013 does not affect the route of the light rail systems declared in clauses 82A and 82B of that Regulation.(4) The repeal of the Transport Administration (General) Regulation 2013 does not affect the operation of clause 93 of that Regulation. Accordingly, the Minister may continue, by notice in writing, to confirm the transfer of assets, rights and liabilities by operation of that clause.
Schedule 1 Penalty notice offences
For the purposes of section 117 of the Act—(a) each offence specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.
Offences under this Regulation
Column 1 | Column 2 |
Provision | Penalty |
Clause 5 (1) | $100 |
Clause 5 (3) | $100 |
Clause 6 (1) | $150 |
Clause 7 (1) | $150 |
Clause 17 | $50 |
Schedule 2 Matters that must be included in authorised leases and subleases
clause 15D
Part 1 Authorised leases
1 Biosecurity management plan
A requirement for the lessee to—(a) adopt a biosecurity management plan under the Biosecurity Act 2015 that addresses vegetation and weed control on the leased land and adjoining land, andNote—See the Biosecurity Regulation 2017, Part 2, Division 12.(b) comply with the plan.
2 Protection of environmental, cultural and heritage assets
A requirement for the lessee to—(a) ensure the protection of environmental, cultural and heritage assets on the leased land, and(b) take reasonable steps to protect environmental, cultural and heritage assets on adjoining land.
3 No subleasing of whole leased land
A prohibition on the subleasing of the whole of the leased land.
4 Termination by lessor
A permission for the lessor to terminate the lease if 1 or more of the following happen—(a) the lessee does not comply with a requirement or prohibition imposed by this part,(b) the lessee uses the leased land, or permits the leased land to be used, for purposes other than recreation, tourism or related purposes,(c) the leased land is not used for recreation, tourism or related purposes for a continuous period of 12 months,(d) the leased land is used in a way that creates a risk to the safety of the public or an adjoining landowner,(e) the lessee fails to maintain the leased land and the lessor is concerned about the continued safe use of the land.
5 Erection of structures
A requirement that the lessee obtain the permission of the rail infrastructure owner for the erection of structures on the leased land.
Part 2 Subleases
6 Termination of sublease if authorised lease terminated by Minister
The automatic termination of the sublease when the authorised lease is terminated by the Minister under the Act, section 99E(7), including that no compensation is payable by the lessee to the sublessee because of the termination.
sch 2: Ins 2023 (585), Sch 1[2].