New South Wales: Transport Administration Act 1988 (NSW)

Transport Administration Act 1988 No 109 An Act relating to the administration of transport; and for other purposes. Part 1 Preliminary 1 Name of Act This Act may be cited as the Transport Administration Act 1988. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 2A Objects of Act The objects of this Act with respect to the administration of the transport services provided to the people of New South Wales include the following— (a) to provide an efficient and accountable framework for the governance of the delivery of transport services, (b) to promote the integration of the transport system, (c) to enable effective planning and delivery of transport infrastructure and services, (d) to facilitate the mobilisation and prioritisation of key resources across the transport sector, (e) to co-ordinate the activities of those engaged in the delivery of transport services, (f) to maintain independent regulatory arrangements for securing the safety of transport services. 2B Common objectives and service delivery priorities of public transport agencies (1) Public transport agencies are to exercise their functions in a manner that promotes the following objectives, which are the common objectives of public transport agencies— (a) Customer focus To put the customer first and design the transport system around the needs and expectations of the customer. (b) Economic development To enable the transport system to support the economic development of the State (with a focus on freight transport systems). (c) Planning and investment To ensure that good planning informs investment strategies. (d) Coherence and integration To promote coherence and integration across all transport modes and all stages of decision making. (e) Performance and delivery To focus on performance and service delivery, based on a strong purchaser-provider model with clear accountabilities for outcomes. (f) Efficiency To achieve greater efficiency— (i) in the delivery of transport infrastructure projects, and (ii) through improved coordination of freight, maritime and ports operations, and their integration into the transport system, and (iii) by eliminating duplication of functions and resources, and (iv) by outsourcing the delivery of non-core services. (g) Environmental sustainability To promote the delivery of transport services in an environmentally sustainable manner. (h) Social benefits To contribute to the delivery of social benefits for customers, including greater inclusiveness, accessibility and quality of life. (i) Safety To provide safe transport services in accordance with a safety regulatory framework. (2) Public transport agencies are to determine their service delivery priorities having regard to the Transport Secretary's expectations for service delivery established by a Statement of Expectations issued annually to public transport agencies by the Transport Secretary. 3 Definitions (1) In this Act— access purchaser means a person who has contracted with a rail infrastructure owner in respect of the operation of rolling stock. activation, of a public space, means the carrying out of works or activities to enhance the functionality of, or the conduct of human activity or operations within, the space, including works or activities to promote the following— (a) the quality, amenity, vibrancy, accessibility, built form, infrastructure and perceptions of safety of the space, (b) the resilience of individuals, communities, institutions, businesses and systems in relation to the space, (c) the use of technology, and the collection and use of data, in and about the space, (d) events in and about the space. active transport means the movement of people, or people and goods, by the following— (a) one or more modes of transport, powered or partially powered by human activity, including by the following modes— (i) walking, (ii) running, (iii) cycling, (iv) scootering, (v) skating, (vi) the use of a manual wheelchair, (b) the use of a micromobility device, Example— an e-scooter (c) the use of a motorised mobility device. Example— a motorised wheelchair or a mobility scooter Advisory Board means the Transport Advisory Board established under Part 5. ARTC means the Australian Rail Track Corporation Ltd (ACN 081 455 754). ARTC arrangement means a lease, licence, agreement or other arrangement under Part 8A. ARTC lease or licence means a lease or licence under Part 8A. bus service includes any road transport service for the carriage of passengers (except a railway service). Chief Investigator means the Chief Investigator of the Office of Transport Safety Investigations appointed under section 45. country rail area means that part of the NSW rail network not within the metropolitan rail area. ferry service means any ferry service for the carriage of passengers. Independent Transport Safety Advisory Board means the Independent Transport Safety Advisory Board established under this Act. light rail services—see section 104M. light rail system—see section 104N. metro means a mass transit infrastructure system, and associated facilities, that— (a) provides high-frequency, high-capacity passenger services, and (b) is operated using automated or partly-automated systems from one or more central control points. metro assets means assets (including transport infrastructure, transport vehicles and rolling stock) used for or in connection with or to facilitate the movement of persons by means of a metro. metro passenger service means a passenger service provided by a metro. metropolitan rail area—see section 3A. mode shift, in relation to transport, means a change from the use of one mode of transport to another mode of transport. National Heavy Vehicle Regulator means the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (NSW), section 656. National Rail Safety Regulator means the Office of the National Rail Safety Regulator established under the Rail Safety National Law (NSW). Newcastle ferry services means ferry services provided in Newcastle Harbour. NSW rail access undertaking means— (a) if an undertaking referred to in section 99C is in force under the Competition and Consumer Act 2010 of the Commonwealth, that undertaking, or (b) in any other case, an access undertaking in force under Schedule 6AA. NSW rail network means the railway lines vested in or owned by or managed or controlled by a rail infrastructure owner (including passing loops and turnouts from those lines and loops and associated rail infrastructure facilities that are so vested or owned or managed or controlled), but does not include any part of a metro. NSW Trains means NSW Trains constituted under this Act. public space means a space that is open to the public, or is used by the public, for no payment of money or other consideration. Note— Public spaces may include public open spaces, public facilities and streets. public transport agency means TfNSW, the State Transit Authority, Sydney Ferries, Sydney Metro, NSW Trains, Sydney Trains and their public or private subsidiary corporations. rail infrastructure facilities— (a) includes railway track, associated track structures, over track structures, cuttings, drainage works, track support earthworks and fences, tunnels, bridges, level crossings, service roads, signalling systems, train control systems, communication systems, overhead power supply systems, power and communication cables, and associated works, buildings, plant, machinery and equipment, but (b) does not include any stations, platforms, rolling stock, rolling stock maintenance facilities, office buildings or housing, freight centres or depots, private sidings or spur lines connected to premises not vested in or owned by or managed or controlled by a rail infrastructure owner. rail infrastructure owner means— (a) in the case of any rail infrastructure facilities that are managed or controlled by TfNSW for the purposes of exercising its functions under this Act, TfNSW, or (a1) in the case of any rail infrastructure facilities that are managed or controlled by NSW Trains for the purposes of exercising its functions under this Act, NSW Trains, or (a2) in the case of any rail infrastructure facilities that are managed or controlled by Sydney Trains for the purposes of exercising its functions under this Act, Sydney Trains, or (a3) in the case of any rail infrastructure facilities owned by TAM or vested in TAM by or under this or another Act, TAM, or (a4) 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 (b) in the case of any rail infrastructure facilities that are subject to an ARTC lease or licence or are installed, established or replaced by ARTC in or on land subject to an ARTC lease or licence, ARTC, or (b1) (Repealed) (c) in any other case, the person in whom ownership of rail infrastructure facilities is vested by or under this Act. rail operator means a person who is responsible for the operation or moving, by any means, of any rolling stock on a railway track. railway service means a railway passenger service and a metro passenger service. Residual Transport Corporation or RTC means Residual Transport Corporation of New South Wales constituted under this Act. rolling stock means any vehicle that operates on or uses a railway track, but does not include a vehicle designed to operate both on and off a railway track or tracks when the vehicle is not operating on a railway track or tracks. SOC conversion day means the date of commencement of Schedule 2.1[6] to the Transport Administration Amendment (Transport Entities) Act 2017. State Rail Authority Residual Holding Corporation (or SRA Residual Holding Corporation) means the State Rail Authority Residual Holding Corporation constituted under this Act. State Transit Authority means the State Transit Authority of New South Wales constituted under this Act. Sydney Ferries means Sydney Ferries constituted under this Act. Sydney ferry services means ferry services provided in Sydney Harbour or the Parramatta River. Sydney Metro means Sydney Metro constituted under this Act. Sydney Metro Board means the board of directors of Sydney Metro. Sydney Trains means Sydney Trains constituted under this Act. TAM means Transport Asset Manager of New South Wales constituted under Part 2. TAM advisory board means the TAM advisory board established under Part 2. transport assets means assets used for or in connection with or to facilitate the movement of persons and freight by road, rail, sea, air or other mode of transport, and includes transport infrastructure. transport district means a transport district for the time being established under section 108. Transport for NSW (or TfNSW) means Transport for NSW constituted under this Act. transport infrastructure means infrastructure used for or in connection with or to facilitate the movement of persons and freight by road, rail, sea, air or other mode of transport, and includes— (a) railways and railway infrastructure, and (b) roads and road infrastructure, and (c) maritime infrastructure and ports, and (d) transport safety infrastructure, and (e) systems, works, structures, buildings, plant, machinery and equipment that are associated with or incidental to transport infrastructure. transport legislation means the following Acts and the regulations under those Acts— (a) this Act, (b) the Passenger Transport Act 1990, (c) the Ports and Maritime Administration Act 1995, (d) the Roads Act 1993, (e) an Act that forms part of the road transport legislation as defined in the Road Transport Act 2013, (f) (Repealed) (g) the marine legislation as defined in the Ports and Maritime Administration Act 1995, (h) an Act that is prescribed by the regulations for the purposes of this definition. transport safety inquiry has the same meaning as it has in the Passenger Transport Act 1990. Transport Secretary means the Secretary of the Department of Transport. Transport Service means the Transport Service of New South Wales referred to in section 68B. transport services include railway services (including heavy rail and light rail services and metro passenger services), bus services and ferry services. transport system means the transport services and transport infrastructure of the State for all modes of transport. Note. The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) In this Act— (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. (3) Notes in the text of this Act do not form part of this Act. (4) (Repealed) 3A Metropolitan rail area (1) For the purposes of this Act, the metropolitan rail area is the land shown or described as being within the metropolitan rail area on the metropolitan rail area map presented to the Speaker of the Legislative Assembly (by or on behalf of the Member of the Assembly who introduced the Bill for this Act) when the Bill was introduced into the Assembly, and held by TfNSW, as amended or replaced under this section. (2) The Minister may, by notice published in the Gazette, amend or replace the metropolitan rail area map, but only for one or more of the following purposes— (a) to provide a more detailed description of the land, (b) to alter the boundaries of the land for the purposes of the effective management of rail infrastructure facilities in the State. (3) The metropolitan rail area map may consist of one or more maps. (4) A notice under this section which has the effect of moving land subject to an ARTC lease or licence to or from the metropolitan rail area has no effect unless ARTC has given prior written consent to the notice. (5) ARTC must not unreasonably withhold consent to any such notice. (6) (Repealed) 3B Ministerial responsibility and delegation (1) The Transport Secretary and the chief executives of the following bodies are, in the exercise of their functions, subject to the control and direction of the Minister— (a) (Repealed) (a1) TfNSW, (b) TAM, (c) State Transit Authority, (d) Sydney Ferries, (e) NSW Trains, (f) Sydney Trains, (g) RTC. (1A) Sydney Metro is, in the exercise of its functions, subject to the control and direction of the Minister. (1B) TAM is, in the exercise of its functions, subject to the control and direction of the Minister. (1C) To avoid doubt, the Minister may direct TAM to do either or both of the following— (a) cease exercising one or more of its functions, (b) exercise its functions in a limited way. (2) The Minister may delegate to the Transport Secretary, or to any such chief executive, any function of the Minister under this Act, other than this power of delegation. (3) The Minister may delegate to Sydney Metro any function of the Minister under this Act, other than this power of delegation. (4) Sydney Metro may sub-delegate to an authorised person any function delegated to it by the Minister if the delegate is authorised in writing to do so by the Minister. (5) In this section, authorised person means— (a) the Chairperson of the Sydney Metro Board, or (b) the Chief Executive of Sydney Metro. Part 1A Transport for NSW 3C Constitution and management of TfNSW (1) There is constituted by this Act a corporation with the corporate name of Transport for NSW. (2) TfNSW is a NSW Government agency. (3) The affairs of TfNSW are to be managed and controlled by the Transport Secretary. (4) Any act, matter or thing done in the name of, or on behalf of, Transport for NSW by the Transport Secretary is taken to have been done by Transport for NSW. 3D Objectives of TfNSW The objectives of Transport for NSW are as follows— (a) to plan for a transport system that meets the needs and expectations of the public, (b) to promote economic development and investment, (c) to provide integration at the decision-making level across all public transport modes, (d) to promote greater efficiency in the delivery of transport infrastructure projects, (e) to promote the safe and reliable delivery of public transport and freight services, (f) to promote active transport and its integration with other modes of transport, (g) to improve the activation of public spaces. 3E Functions of TfNSW (1) TfNSW has the functions set out in Schedule 1. (2) TfNSW has such other functions as are conferred or imposed on it by or under this or any other Act. (3) The functions of TfNSW do not limit the functions of the Transport Secretary as head of the Department of Transport. (4) TfNSW cannot employ any staff. Note. Staff may be employed under Part 7A in the Transport Service to enable TfNSW to exercise its functions. 3F Corporate plan for TfNSW TfNSW is to prepare and make publicly available a corporate plan for the activities of TfNSW in the next 5 financial years. TfNSW is to revise the corporate plan annually. 3G Directions by TfNSW to public transport agencies (1) TfNSW may, for the purpose of exercising its functions, give directions to the following bodies in relation to the exercise of their functions— (a), (b) (Repealed) (c) State Transit Authority, (d) Sydney Ferries, (e) NSW Trains, (f) Sydney Trains, (f1) RTC, (f2) Sydney Metro, (g) a public or private subsidiary corporation (as referred to in Part 6B) of any of those bodies. Note. This Act provides that the Chief Executive of a body referred to in paragraphs (a)–(f) is, in managing the affairs of the body, to do so in accordance with any directions of TfNSW under this section. (2) A body referred to in subsection (1) is required to provide TfNSW, at such times and in such form as TfNSW directs, with the following— (a) the operating and capital works budget of the body for the next year and forward years, (b) any other information held by or relating to the body that TfNSW considers is required for the purposes of exercising its functions. If a budget of the body is required to be changed as a result of a direction of TfNSW under this section, the body is to provide the revised budget to TfNSW. (3) This section is not subject to any contract under clause 1(e) of Schedule 1 with a body referred to in subsection (1). (4) TfNSW may not give a direction under this section to a body in relation to the exercise by that body of the body's functions as a relevant safety regulator under section 3H. 3H Review by relevant safety regulator of directions relating to transport safety matters (1) In this section— direction means a direction given by TfNSW under section 3G to a body (a transport authority). relevant safety regulator means— (a) in the case of a direction relating to rail services or infrastructure—the National Rail Safety Regulator, or other independent professional person, approved by the Minister as the relevant safety regulator for the purposes of this section, or (b) in the case of a direction relating to bus services—the Chief Investigator, or other independent professional person, approved by the Minister as the relevant safety regulator for the purposes of this section, or (c) in the case of a direction relating to ferry services—the Chief Investigator, or other independent professional person, approved by the Minister as the relevant safety regulator for the purposes of this section. safety management system of a transport authority means any safety management system that the authority is required to have— (a) under section 9D of the Passenger Transport Act 1990, or (b) under section 99 of the Rail Safety National Law (NSW), or (c) under the National law (within the meaning of the Marine Safety Act 1998). (2) A transport authority may advise TfNSW of the likely impact on its safety management system of compliance with a direction of TfNSW (including whether the authority needs to make appropriate modifications to its safety management system before it is able to comply with the direction). (3) As a result of that advice, TfNSW may— (a) change or revoke the direction, or (b) suspend the direction and request the relevant safety regulator to review the likely impact of the direction. (4) If— (a) TfNSW does not change, revoke or suspend the direction, and (b) the transport authority considers that as a result of the direction it will not be able to comply with its safety management system, the transport authority may, within 14 days after receiving the direction, request the relevant safety regulator to review the likely impact of the direction. Any such request operates to suspend the direction. (5) The relevant safety regulator is to review the likely impact of the direction on the safety management system within 14 days after being requested to do so, and notify TfNSW and the transport authority of the result of its review. (6) TfNSW may, as a result of the review, confirm, change or revoke the direction. (7) Unless a suspended direction is sooner revoked, the suspension of the direction ceases— (a) at the end of the period of 14 days after the relevant safety regulator is requested to review the likely impact of the direction, or (b) at such time TfNSW decides, as a result of the review, to change or confirm the direction, whichever first occurs. However, TfNSW may extend the suspension beyond the period that it would otherwise cease under this subsection. (8) TfNSW may, without limiting any other provision of this section, request the relevant safety regulator for advice on the safety implications of a direction or proposed direction. 3I Delegation of TfNSW's functions (1) TfNSW may delegate to an authorised person any of its functions (including any function delegated to TfNSW), other than this power of delegation. (2) A delegate may sub-delegate to an authorised person any function delegated by TfNSW if the delegate is authorised in writing to do so by TfNSW. (3) In this section, authorised person means— (a) a public transport agency or a member of staff of a public transport agency, or (a1) RTC or a member of staff of RTC, or (a2) TAM or a member of staff of TAM, or (b) a person of a class prescribed by the regulations. 3J Acceptance of delegated functions by TfNSW (1) TfNSW may accept a delegation of the functions of a public transport agency, RTC or TAM. (2) A public transport agency is authorised to delegate any function of the agency to TfNSW. (3) RTC is authorised to delegate any function of RTC to TfNSW. (4) TAM is authorised to delegate a function of TAM to TfNSW. (5) TAM may accept a delegation of the functions of TfNSW. 3K Disclosure of information by agencies to TfNSW (1) A public transport agency is authorised to disclose information held by the agency to TfNSW if the disclosure is for the purpose of assisting TfNSW to exercise its functions under this or any other Act or is for the purpose of complying with a requirement imposed by TfNSW. (1A) TAM is authorised to disclose information held by it to TfNSW if the disclosure is for the purpose of assisting TfNSW to exercise its functions under this or another Act. (2) The authority conferred by this section applies despite any provision of any other Act that would otherwise prevent the disclosure of information by the public transport agency concerned or TAM. 3L Annual reporting information Annual reporting information prepared for the Department of Transport under the Government Sector Finance Act 2018 may include any annual reporting information under that Act for TfNSW. Part 2 Transport Asset Manager Division 1 Constitution and objectives of Transport Asset Manager 4 Establishment of Transport Asset Manager (1) The corporation constituted under section 4 immediately before its substitution by the Transport Administration Amendment Act 2024 is continued by this section with the corporate name of Transport Asset Manager of New South Wales. (2) On and from the substitution of this section— (a) the corporate name of Transport Asset Holding Entity of New South Wales is changed to Transport Asset Manager of New South Wales, and (b) that body, for all purposes, including the rules of private international law, continues in existence under its new name so that its identity is not affected, and (c) TAM is a NSW Government agency. Note— The Interpretation Act 1987, section 53 deals with the alteration of a name or constitution of a statutory body. 5 Objectives of TAM (1) The principal objective of TAM is to undertake its activities in a safe and reliable way. (2) The other objectives of TAM are as follows— (a) to be a successful business and, to that end— (i) to operate at least as efficiently as comparable businesses, and (ii) to maximise the net worth of the State's investment in TAM, (b) to exhibit a sense of social responsibility by having regard to the interests of the community in which TAM operates, (c) if TAM's activities affect the environment—to conduct its operations in compliance with the principles of ecologically sustainable development set out in the Protection of the Environment Administration Act 1991, section 6(2), (d) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which TAM operates. (3) The other objectives of TAM are of equal importance, but are not as important as the principal objective of the corporation. 6 Common objectives and service delivery priorities (1) TAM must also, in the exercise of its functions, have regard to the common objectives of public transport agencies set out in section 2B(1). (2) TAM must determine its service delivery priorities, having regard to the Minister's expectations for service delivery established by a Statement of Expectations issued annually to it by the Minister. Division 2 Functions of Transport Asset Manager 7 Functions of TAM (1) The functions of TAM are as follows— (a) to hold, manage, operate and maintain transport assets vested in or owned by it, or to be vested in or owned by it, (b) to establish, finance, acquire, construct and develop transport assets to be vested in or owned by it, (c) to promote and facilitate access to the part of the NSW rail network vested in or owned by TAM in accordance with a current NSW rail access undertaking or otherwise lease or make available transport assets vested in or owned by TAM to other persons or bodies, (d) to acquire and develop land to enable TAM to carry out its other functions, including the acquisition of land under sections 8 and 9, (e) to sell, lease or otherwise dispose of land vested in or owned by it, (f) to make and enter into contracts or arrangements with other persons to enable TAM to carry out its other functions, (g) to appoint agents, and act as agents for other persons, (h) to make and enter into contracts or arrangements with a public transport agency to enable TAM to exercise its functions in relation to assets vested in or owned by the public transport agency, (i) with the approval of the Minister, to dispose of vehicles, vessels, wharves, engines, carriages, plant, machinery or equipment vested in or owned by TAM. (2) TAM may— (a) provide facilities or services that are necessary, ancillary or incidental to its functions, and (b) conduct a business or activity, whether or not related to its functions under subsection (1), that it considers will further its objectives. (3) TAM also has the other functions that are conferred or imposed on it by or under another Act or law. (4) TAM cannot employ staff. (5) If TfNSW gives written notification to TAM of the way in which it exercises the TfNSW functions listed in Schedule 1, Parts 1 and 2, TAM must, in the exercise of its functions, have regard to the information in the notification. (6) The Minister may authorise TAM to carry out its functions outside of the State. 8 Other property development functions of TAM (1) TAM may, with the approval of the Minister, carry out, finance, develop, manage or otherwise participate in, including by entering into joint venture arrangements, development for residential, retail, commercial, industrial, mixed use, community, public open space or recreational purposes on land vested in it, or to be vested or owned by it. (2) TAM may, for the purposes referred to in subsection (1), acquire land by agreement, including an interest in land. (3) The imposition or conferral of a function on TAM by this section does not limit the imposition or conferral of a function by another provision of this Act. 9 Acquisition of land by TAM (1) TAM may, for any purposes of TAM, 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 enables TAM to exercise its functions in relation to land under this Act. (3) For the Public Works and Procurement Act 1912— (a) an acquisition of land under subsection (1) is taken to be an authorised work, and (b) TAM is, in relation to the authorised work, taken to be the Constructing Authority. (4) TAM must not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Minister. (5) An acquisition is not void merely because it is expressed to be for the purposes of TAM or for the purposes of this Act. (6) The Public Works and Procurement Act 1912, Part 3 does not apply in relation to works constructed for the purposes of this section. Division 3 Management of TAM 10 Chief Executive of TAM (1) The Minister may appoint a Chief Executive of TAM. (2) Despite section 68C(3), the Minister may, subject to this Act or another Act or law, exercise on behalf of the Government the employer functions of the Government in relation to the Chief Executive. (3) Accordingly, a reference to the Transport Secretary in this Act or another Act or law in connection with the exercise of employer functions in relation to the Chief Executive is to be read as a reference to the Minister. (4) Part 7, Division 4 does not apply to the Chief Executive. Note— Schedule 2 contains ancillary provisions relating to the Chief Executive. 11 Chief Executive to manage TAM (1) The affairs of TAM must be managed and controlled by the Chief Executive of TAM in accordance with any directions of the Minister under section 3B. (2) An act, matter or thing done in the name of, or on behalf of, TAM by the Chief Executive is taken to have been done by TAM. 12 TAM advisory board (1) TAM is to have an advisory board. (2) The TAM advisory board must provide advice to— (a) TAM, on the matters referred to it by TAM, and (b) the Minister, on the matters referred to it by the Minister. (3) The TAM advisory board consists of the following— (a) at least 3, but not more than 7, board members appointed by the Minister, (b) the Transport Secretary. (4) The board members must be persons who, in the Minister's opinion, will assist TAM to achieve its objectives. (5) One of the board members is, in and by the member's instrument of appointment or in and by another instrument executed by the Minister, to be appointed as chairperson of the TAM advisory board. (6) The Chief Executive of TAM must not be appointed as a board member, but may be invited by the advisory board to attend meetings. (7) The Minister may remove a board member, or the chairperson, from office at any time for any or no reason and without notice. Division 4 General 13 Corporate plans (1) TAM must, at least 3 months before the beginning of each financial year, prepare and give to the Minister a draft corporate plan for the financial year. (2) TAM must— (a) consider comments on the draft corporate plan that were made by the Minister within 2 months after the draft plan was given to the Minister, and (b) give the completed corporate plan to the Minister before the beginning of the financial year. (3) TAM must make a draft plan available for public comment for at least 30 days and must have regard to submissions it receives about the draft plan within that period. (4) The arrangements for obtaining or inspecting the draft plan and for making submissions must be publicly advertised. (5) TAM must make the completed corporate plan available for public inspection. (6) However, TAM is not required to include in a draft or completed plan made available for public comment or inspection commercially sensitive information or that it would otherwise not be required to disclose under the Government Information (Public Access) Act 2009. (7) TAM must, as far as practicable, exercise its functions in accordance with the relevant corporate plan. (8) A corporate plan must specify— (a) the separate activities of TAM and, in particular, the separate commercial and non-commercial activities, and (b) the objectives of each separate activity for the financial year and for future financial years, and (c) the strategies, policies and budgets for achieving the objectives in relation to each separate activity, and (d) the targets and criteria for assessing TAM's performance, and (e) details of the following that are proposed or expected to occur during the financial year— (i) a sale or other disposal of land vested in or owned by TAM, (ii) a lease of that land of more than 5 years duration. (9) This section is subject to requirements made by or under this Act, including the requirements of a direction by the Minister under this Act. 14 Additional information to be included in annual report The annual report for TAM for a financial year must specify— (a) details of the following that occurred during the financial year that were not specified as proposed or expected in the corporate plan for the financial year— (i) a sale or other disposal of land vested in or owned by TAM, (ii) a lease of that land of more than 5 years duration, and (b) details of the following that did not occur during the financial year that were specified as proposed or expected in the corporate plan for the financial year— (i) a sale or other disposal of land vested in or owned by TAM, (ii) a lease of that land of more than 5 years duration. 15 Delegation of functions of TAM (1) TAM 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 a function delegated by TAM if the delegate is authorised in writing to do so by TAM. (3) In this section— authorised person means— (a) a member of staff of TAM, or (b) a person of a class prescribed by the regulations or approved by the Minister. 16 TAM to supply information to Minister TAM must— (a) give the Minister, or a person nominated by the Minister, the 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 significant developments in its activities. 17, 18 (Repealed) Parts 2A, 2B 19–19AH (Repealed) Part 3 State Transit Authority Division 1 Constitution of State Transit Authority 20 Constitution of STA (1) There is constituted by this Act a corporation with the corporate name of the State Transit Authority of New South Wales. (2) The State Transit Authority— (a) has the functions conferred or imposed on it by or under this or any other Act, and (b) is, for the purposes of any Act, a statutory body representing the Crown. (3) (Repealed) Division 1A Objectives of State Transit Authority 20A Objectives of STA (1) The principal objectives of the State Transit Authority are— (a) to operate efficient, safe and reliable bus services and Newcastle ferry services, and (b) to be a successful business and, to this end— (i) to operate at least as efficiently as any comparable businesses, and (ii) to maximise the net worth of the State's investment in the Authority, and (c) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates, and (d) where its activities affect the environment, to conduct its operations in compliance with the principles of ecologically sustainable development contained in section 6(2) of the Protection of the Environment Administration Act 1991, and (e) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates. (2) Each of the principal objectives of the State Transit Authority is of equal importance. Division 2 General functions of State Transit Authority 21 Bus services (1) The State Transit Authority shall operate bus services. (2) The State Transit Authority shall continue to operate the bus services which were provided by the Urban Transit Authority immediately before the commencement of this section. (3) Subsection (2) does not limit the power of the State Transit Authority— (a) to establish any new bus service, or (b) to alter or discontinue any of its bus services. 22 Newcastle ferry services (1) The State Transit Authority shall operate Newcastle ferry services. (2) The State Transit Authority is to continue to operate the Newcastle ferry services which were provided by the Authority immediately before the commencement of this subsection, as substituted by the Transport Administration Amendment (Sydney Ferries) Act 2003. (3) Subsection (2) does not limit the power of the State Transit Authority— (a) to establish any new Newcastle ferry service, or (b) to alter or discontinue any of its Newcastle ferry services. 23 (Repealed) 24 Miscellaneous functions of STA (1) Without limiting any other functions conferred or imposed on it, the State Transit Authority may— (a) conduct any business, whether or not related to the operation of its bus or ferry services, and for that purpose use any property or the services of any staff of the Authority, (b) acquire and develop any land, (c) acquire or build, and maintain or dispose of, any vehicles, vessels, wharves, plant, machinery or equipment, (d) 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, (e) 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 the Authority's bus or ferry services or of any of the Authority's businesses, and (f) appoint agents, and act as agent for other persons. (2) The State Transit Authority may exercise its functions within or outside New South Wales. Division 3 Management of State Transit Authority 25, 26 (Repealed) 27 Chief Executive of STA The Transport Secretary may, with the approval of the Minister, appoint a Chief Executive of the State Transit Authority. Note. Schedule 2 contains ancillary provisions relating to the Chief Executive of the STA. 28 Chief Executive to manage STA (1) The affairs of the State Transit Authority shall be managed and controlled by the Chief Executive of that Authority in accordance with any directions of TfNSW under section 3G. (2) Any act, matter or thing done in the name of, or on behalf of, the State Transit Authority by the Chief Executive shall be taken to have been done by the State Transit Authority. 29 (Repealed) 30 STA to supply information to Minister The State Transit Authority shall— (a) supply the Minister or a person nominated by the Minister with such information relating to its activities as 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. 31 Corporate plans (1) The State Transit Authority shall, at least 3 months before the beginning of each financial year of the Authority, prepare and deliver to TfNSW 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 TfNSW within 2 months after the draft plan was delivered to TfNSW, and (b) deliver the completed corporate plan to TfNSW 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. (2B) The State Transit Authority is to make the completed corporate plan available for public inspection. However, the Authority 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 Government Information (Public Access) Act 2009. (3) The State Transit Authority shall, as far as practicable, exercise its functions in accordance with the relevant corporate plan. (4) A corporate plan shall specify— (a) the separate activities of the State Transit Authority 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) targets and criteria for assessing the Authority's performance. (4A) A corporate plan must specify strategies for dealing with the integration of passenger services and passenger safety, security and conduct and any other similar issues that TfNSW directs are to be addressed by the corporate plan. (5) This section is subject to any requirement made by or under this Act. (6) (Repealed) 32–34 (Repealed) 35 Delegation of functions of STA (1) The State Transit Authority may delegate to an authorised person any of the functions of the Authority, other than this power of delegation. (2) A delegate may sub-delegate to an authorised person any function delegated by the State Transit Authority if the delegate is authorised in writing to do so by the Authority. (3) In this section, authorised person means— (a) an officer of the State Transit Authority, or (b) a person of a class prescribed by the regulations or approved by TfNSW. Part 3A Sydney Ferries Division 1 Constitution of Sydney Ferries 35A Constitution of Sydney Ferries (1) There is constituted by this Act a corporation with the corporate name of Sydney Ferries. (2) Sydney Ferries is a NSW Government agency. Division 2 Objectives of Sydney Ferries 35B Objectives of Sydney Ferries (1) The principal objective of Sydney Ferries is to deliver safe and reliable Sydney ferry services in an efficient, effective and financially responsible manner. (2) The other objectives of Sydney Ferries are as follows— (a) to be a successful business and, to that end— (i) to operate at least as efficiently as any comparable business, (ii) to maximise the net worth of the State's investment in Sydney Ferries, (b) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates, (c) where its activities affect the environment, to conduct its operations in compliance with the principles of ecologically sustainable development contained in section 6(2) of the Protection of the Environment Administration Act 1991, (d) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates. (3) The other objectives of Sydney Ferries are of equal importance, but are not as important as the principal objective of the corporation. (4) (Repealed) Division 3 Functions of Sydney Ferries 35C Sydney ferry services (1) Sydney Ferries may operate Sydney ferry services. (2), (3) (Repealed) (4) The operation of a ferry service by Sydney Ferries is subject to the requirements of the Passenger Transport Act 1990. 35D Other transport services Sydney Ferries may operate other transport services, including bus services, whether or not in connection with its ferry services. 35E Other functions of Sydney Ferries (1) Sydney Ferries has the functions conferred or imposed on it by or under this or any other Act. (2) Sydney Ferries may— (a) conduct any business (whether or not related to its functions) that it considers will further its objectives, and (b) provide facilities or services that are ancillary to or incidental to its functions, and (c) acquire and develop any land, and (d) acquire or build, and maintain or dispose of, any engines, vessels, vehicles, plant, machinery or equipment, and (e) 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, and (f) 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 Ferries' ferry or other transport services or of any of Sydney Ferries' businesses, and (g) appoint agents, and act as agents for other persons. 35EA Sale, lease or other disposal of land (1) Sydney Ferries may, with the approval of the Minister, sell, lease or otherwise dispose of any of its land. (2) Despite subsection (1), the approval of the Minister is not required— (a) for any lease for a term not exceeding 5 years, or (b) for a sale, lease or other disposal of land not exceeding such value, or in such circumstances, as the Minister may determine from time to time. (3) (Repealed) 35F Acquisition of land by Sydney Ferries (1) Sydney Ferries may, for any purposes of Sydney Ferries, 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 Ferries 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 for an authorised work and Sydney Ferries is, in relation to that authorised work, taken to be the Constructing Authority. (4) Sydney Ferries may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of TfNSW. (5) Any such acquisition is not void merely because it is expressed to be for the purposes of Sydney Ferries 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. 35G Effect of Division This Division does not limit the functions of Sydney Ferries apart from this Division, but is subject to the provisions of this Act and any other Act or law. Division 4 Management of Sydney Ferries 35H, 35I (Repealed) 35J Chief Executive of Sydney Ferries The Transport Secretary may, with the approval of the Minister, appoint a Chief Executive of Sydney Ferries. Note. Schedule 2 contains ancillary provisions relating to the Chief Executive of Sydney Ferries. 35K Chief Executive to manage Sydney Ferries (1) The affairs of Sydney Ferries are to be managed and controlled by the Chief Executive of Sydney Ferries in accordance with any directions of TfNSW under section 3G. (2) Any act, matter or thing done in the name of, or on behalf of, Sydney Ferries by the Chief Executive is taken to have been done by Sydney Ferries. 35L (Repealed) 35M Sydney Ferries to supply information to Minister Sydney Ferries 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. 35N Corporate plans (1) Sydney Ferries must, at least 3 months before the beginning of each financial year of Sydney Ferries, prepare and deliver to TfNSW a draft corporate plan for the financial year. (2) Sydney Ferries must— (a) consider any comments on the draft corporate plan that were made by TfNSW within 2 months after the draft plan was delivered to TfNSW, and (b) deliver the completed corporate plan to TfNSW before the beginning of the financial year concerned. (3) During the preparation of a corporate plan after the commencement of this subsection, Sydney Ferries 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 Ferries is to make the completed corporate plan available for public inspection. However, Sydney Ferries 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 Government Information (Public Access) Act 2009. (5) Sydney Ferries 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 Ferries 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 Sydney Ferries' performance. (7) This section is subject to any requirement made by or under this Act (including the requirements of any direction by the Minister or TfNSW under this Act). 35O–35Q (Repealed) 35QA Delegation of functions of Sydney Ferries (1) Sydney Ferries 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 Ferries if the delegate is authorised in writing to do so by Sydney Ferries. (3) In this section, authorised person means— (a) an officer of Sydney Ferries, or (b) a person of a class prescribed by the regulations or approved by TfNSW. Division 5 35R–35ZM (Repealed) Part 3B Sydney Trains Division 1 Constitution of Sydney Trains 36 Constitution of Sydney Trains (1) There is constituted by this Act a corporation with the corporate name of Sydney Trains. (2) Sydney Trains— (a) is a NSW Government agency, and (b) is taken to be the same legal entity as, and a continuation of, Sydney Trains constituted and continued under the regulations under this Act, and (c) is not a subsidiary of RailCorp. Division 2 Objectives of Sydney Trains 36A Objectives of Sydney Trains (1) The principal objective of Sydney Trains is to deliver safe and reliable railway passenger services in an efficient, effective and financially responsible manner. (2) The other objectives of Sydney Trains are as follows— (a) to be a successful business and, to that end— (i) to operate at least as efficiently as any comparable business, and (ii) to maximise the net worth of the State's investment in Sydney Trains, (b) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates, (c) where its activities affect the environment, to conduct its operations in compliance with the principles of ecologically sustainable development contained in section 6(2) of the Protection of the Environment Administration Act 1991, (d) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates. (3) The other objectives of Sydney Trains are of equal importance, but are not as important as the principal objective of the corporation. Division 3 Functions of Sydney Trains 36B Sydney railway passenger services (1) Sydney Trains is to operate railway passenger services. (2) Sydney Trains is to continue to operate the railway passenger services which were provided by it immediately before the commencement of this section. (3) Subsection (2) does not limit the power of Sydney Trains— (a) to establish any new railway passenger service, or (b) to alter or discontinue any of its railway passenger services. (4) The operation of a railway passenger service by Sydney Trains is subject to the requirements of the Rail Safety National Law (NSW). (5) The Transport Secretary may give directions to Sydney Trains as to the railway passenger services to be operated by Sydney Trains, or that restrict the functions of Sydney Trains. Sydney Trains is to exercise its functions in accordance with any such directions. (6) The directions given by the Transport Secretary under clause 11(3) of the Transport Administration (General) Regulation 2013 and in force immediately before the commencement of this section continue to have effect, but may be amended or replaced by directions under this section. Note. Under the directions given by the Transport Secretary under clause 11(3) of the Transport Administration (General) Regulation 2013 Sydney Trains operates rail passenger services predominantly in the part of the metropolitan rail area bounded by Waterfall, Macarthur, Richmond, Emu Plains and Berowra. NSW Trains operates rail passenger services that commence or terminate in regional New South Wales. However, for operational reasons, Sydney Trains provides rolling stock and crew for some NSW Trains services and NSW Trains provides rolling stock and crew for some Sydney Trains services. 36C Other functions of Sydney Trains (1) Sydney Trains has the functions conferred or imposed on it by or under this or any other Act. (2) Sydney Trains may— (a) conduct any business (whether or not related to its functions) that it considers will further its objectives, and (b) operate other transport services, including bus services, whether or not in connection with its railway passenger services, and (c) acquire and develop any land, and (d) hold, manage, maintain and establish rail infrastructure facilities vested in or owned by it, or to be vested in or owned by it, and (e) manage, maintain and establish rail infrastructure facilities vested in or owned by, or to be vested in or owned by, TAM, RTC or a public transport agency, and (f) acquire or build, and maintain or dispose of, any engines, carriages, vehicles, plant, machinery or equipment, and (g) 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, and (h) make and enter into contracts or arrangements with any person for the operation, on such terms as may be agreed on, of any of Sydney Trains' train or other transport services or of any of Sydney Trains' businesses, and (i) provide goods, services or facilities to the rail industry, and (j) appoint agents, and act as agents for other persons. 36D Sale, lease or other disposal of land (1) Sydney Trains may, with the approval of the Minister, sell, lease or otherwise dispose of any of its land. (2) Despite subsection (1), the approval of the Minister is not required— (a) for any lease for a term not exceeding 5 years, or (b) for a sale, lease or other disposal of land not exceeding such value, or in such circumstances, as the Minister may determine from time to time. 36E Acquisition of land by Sydney Trains (1) Sydney Trains may, for any purposes of Sydney Trains, 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 the purposes of a future sale, lease or disposal, that is, to enable Sydney Trains to exercise its functions in relation to land under this Act. (3) For the purposes of the Public Works and Procurement Act 1912, any such acquisition of land is taken to be for an authorised work and Sydney Trains is, in relation to that authorised work, taken to be the Constructing Authority. (4) Sydney Trains may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of TfNSW. (5) Any such acquisition is not void merely because it is expressed to be for the purposes of Sydney Trains or for the purposes of this Act. (6) Part 3 of the Public Works and Procurement Act 1912 does not apply in respect of works constructed for the purposes of this section. 36F Effect of Division This Division does not limit the functions of Sydney Trains apart from this Division, but is subject to the provisions of this Act and any other Act or law. Division 4 Management of Sydney Trains 36G Chief Executive of Sydney Trains The Transport Secretary may, with the approval of the Minister, appoint a Chief Executive of Sydney Trains. Note. Schedule 2 contains ancillary provisions relating to the Chief Executive of Sydney Trains. 36H Chief Executive to manage Sydney Trains (1) The affairs of Sydney Trains are to be managed and controlled by the Chief Executive of Sydney Trains in accordance with any directions of TfNSW under section 3G. (2) Any act, matter or thing done in the name of, or on behalf of, Sydney Trains by the Chief Executive is taken to have been done by Sydney Trains. 36I Sydney Trains to supply information to Minister Sydney Trains 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. 36J Corporate plans (1) Sydney Trains must, at least 3 months before the beginning of each financial year of Sydney Trains, prepare and deliver to TfNSW a draft corporate plan for the financial year. (2) Sydney Trains must— (a) consider any comments on the draft corporate plan that were made by TfNSW within 2 months after the draft plan was delivered to TfNSW, and (b) deliver the completed corporate plan to TfNSW before the beginning of the financial year concerned. (3) Sydney Trains is to make a draft plan prepared after the commencement of this section 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 Trains is to make the completed corporate plan available for public inspection. However, Sydney Trains 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 Government Information (Public Access) Act 2009. (5) Sydney Trains 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 Trains 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 financ