Queensland: Transport Infrastructure Act 1994 (Qld)

Transport Infrastructure Act 1994 An Act about transport infrastructure and related matters Chapter 1 Preliminary 1 Short title This Act may be cited as the Transport Infrastructure Act 1994. 2 Objectives of this Act (1) The overall objective of this Act is, consistent with the objectives of the Transport Planning and Coordination Act 1994, to provide a regime that allows for and encourages effective integrated planning and efficient management of a system of transport infrastructure. (2) In particular, the objectives of this Act are— (a) to allow the Government to have a strategic overview of the provision and operation of all transport infrastructure; and (b) for roads—to establish a regime under which— (i) a system of roads of national and State significance can be effectively planned and efficiently managed; and (ii) influence can be exercised over the total road network in a way that contributes to overall transport efficiency; and (iii) account is taken of the need to provide adequate levels of safety, and community access to the road network; and (iv) impacts on development from environmental emissions generated by State-controlled roads are addressed by the development; and (c) for miscellaneous transport infrastructure—to establish a regime for the effective planning and efficient management of the infrastructure; and (d) for rail—to establish a regime that— (i) contributes to overall transport effectiveness and efficiency; and (ii) provides for the safety of railways and persons at, on or near railways; and (iii) contributes to lower transport costs by allowing the maximum flexibility in rail transport operations consistent with achieving safety objectives; and (iv) allows railway managers and operators to make decisions on a commercial basis; and (e) for ports—to establish a regime under which a ports system is provided and can be managed within an overall strategic framework; and (f) for air—to promote basic access to air services, and regional development, by making provision about air transport infrastructure; and (g) for public marine transport—to establish a regime under which— (i) public marine facilities are effectively and efficiently managed; and (ii) the use of waterways for transport purposes is effectively and efficiently managed; and (h) for busways—to establish a regime that provides for— (i) flexibility in the choice between private and public construction and management; and (ii) land tenure arrangements allowing private management to be established on a sound financial basis; and (iii) safely constructed, managed and operated infrastructure; and (i) for busways and light rail—to establish a regime for each that— (i) contributes to overall transport effectiveness and efficiency; and (ii) is responsive to community needs; and (iii) offers an appealing alternative to private transport in a way that takes into account overall environmental, economic and social influences of transport; and (iv) addresses the challenges of future growth; and (v) provides busway and light rail transport infrastructure and passenger services at a reasonable cost to the community and government; and (vi) results in minimal interference with access to and from the road network; and (vii) encourages the facilitation and use of public transport; and (viii) gives priority to public transport over private vehicles; and (ix) contributes to lower transport costs by allowing the maximum flexibility in busway and light rail transport operations consistent with achieving safety objectives; and (x) allows managers and operators of busways and light rail to make decisions on a commercial basis; and (j) for light rail—to establish a regime that provides for— (i) flexibility in the choice between private and public construction and management; and (ii) land tenure arrangements allowing private management to be established on a sound financial basis; and (iii) the safety of light rail, light rail land, light rail transport infrastructure and persons at, on or near light rail, light rail land or light rail transport infrastructure; and (iv) the construction, management and operation of light rail transport infrastructure under a light rail franchise agreement. 3 Definitions—the dictionary (1) A dictionary in schedule 6 defines particular words used in this Act. (2) Definitions found elsewhere in the Act are signposted in the dictionary. 3A Notes in text A note in the text of this Act is part of the Act. 4 State/Commonwealth agreements or arrangements The powers and discretions conferred by this Act may be exercised in accordance with an agreement or arrangement between the State and the Commonwealth about the funding of transport infrastructure. Chapter 2 Transport infrastructure strategies 5 Development of transport infrastructure strategies (1) The chief executive must, from time to time, develop for the Minister's approval transport infrastructure strategies that are designed to give effect to the coordination plan in relation to transport infrastructure in accordance with the objectives of this Act. (2) In developing transport infrastructure strategies, the chief executive must take reasonable steps to engage in public consultation. (3) The Minister may, at any time, direct the chief executive to prepare new transport infrastructure strategies for the Minister's approval or to amend transport infrastructure strategies in the way the Minister directs. (4) The Minister may approve transport infrastructure strategies that are submitted for approval or require the chief executive to amend the strategies in the way the Minister directs. 6 Contents of transport infrastructure strategies (1) Transport infrastructure strategies must include— (a) a statement of the specific objectives sought to be achieved; and (b) proposals for the provision of transport infrastructure; and (c) investment criteria for deciding priorities for government supported transport infrastructure between and within the different transport modes and options for financing the priorities; and (d) criteria for deciding which roads should be controlled by the chief executive as State-controlled roads; and (e) appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategies have been achieved. (2) Transport infrastructure strategies must aim to provide an adequate framework for coordinating and integrating the provision of transport infrastructure as between the different transport modes. (3) Transport infrastructure strategies must take account of agreements or arrangements between the State and the Commonwealth about the funding of transport infrastructure. (4) If there is an integrated regional transport plan under the Transport Planning and Coordination Act 1994 for an area, the transport infrastructure strategies for the area must not be inconsistent with, and must give effect to, the plan. 7 Tabling of transport infrastructure strategies The Minister must cause transport infrastructure strategies, and each amendment of transport infrastructure strategies, approved by the Minister to be tabled in the Legislative Assembly. Chapter 3 Obligations about transport infrastructure 8 Objective of chapter In giving effect to the objective of this Act, this chapter is intended to ensure value for money for resources applied to the construction, maintenance and operation of transport infrastructure. 9 Obligations about government supported transport infrastructure The chief executive must ensure that— (a) the construction, maintenance and operation of all government supported transport infrastructure for which the chief executive is responsible is carried out in a way that, within the objective of this chapter— (i) takes into account best practice and national benchmarks; and (ii) promotes the safe transport of persons and goods; and (iii) reduces adverse environmental impacts; and (iv) encourages efficient and competitive behaviour in the construction and maintenance of transport infrastructure; and (b) the construction, maintenance and operation of all government supported transport infrastructure for which the chief executive is responsible is carried out in accordance with standards— (i) published by the chief executive; and (ii) designed, within overall transport objectives, to achieve efficiency, affordable quality and cost effectiveness; and (c) contracts that are let for the construction, maintenance or operation of transport infrastructure are designed in a way that encourages efficient performance by the contractor. 9A Beneficial assets (1) For section 9(a)(iii), it is recognised that, although the operation or use of transport infrastructure may have significantly adverse environmental impacts, the operation and use are necessary for the community's environmental, social and economic wellbeing. (2) However, it is intended that, within the objective of this chapter, any significantly adverse environmental impacts resulting from the operation or use of transport infrastructure be progressively reduced to the extent that it is practicable to do so. 10 Report on giving effect to s 9 Each annual report of the department must include a report on the way in which effect has been given to section 9 during the year to which the report relates. Chapter 4 Implementation of transport infrastructure strategies Part 1 Roads implementation programs 11 Development of roads implementation programs (1) The chief executive must, each year, develop for the Minister's approval roads implementation programs for the year and for 1 or more later years. (2) Roads implementation programs must include— (a) a program of projects, and policies and financial provisions, for implementing the transport infrastructure strategies in relation to road transport infrastructure, including roads that are not State-controlled roads; and (b) performance targets for road transport infrastructure. (3) Roads implementation programs may include proposals to spend amounts on transport infrastructure other than road transport infrastructure if the spending would contribute to intermodal effectiveness and efficiency. (4) In developing roads implementation programs, the chief executive must take reasonable steps to consult with local governments that, in the opinion of the chief executive, would be affected by the programs. (5) Roads implementation programs are to be made publicly available in the way decided by the Minister. (6) The Minister may at any time direct the chief executive to amend roads implementation programs. (7) The Minister may approve roads implementation programs that are submitted for approval or require the chief executive to amend the programs in the way the Minister directs. 12 Consistency with transport infrastructure strategies (1) Subject to directions of the Minister, roads implementation programs must be consistent with transport infrastructure strategies. (2) If the Minister gives a direction under this section that results in roads implementation programs being inconsistent with transport infrastructure strategies, the Minister must cause a copy of the direction to be tabled in the Legislative Assembly within 5 sitting days after it is given. 13 Report on operation of roads implementation programs Each annual report of the department must include a report on the operation of the roads implementation programs during the year to which the annual report relates. Part 2 Rail implementation programs 14 Development of programs (1) The chief executive must, each year, develop for the Minister's approval rail implementation programs for the year and for 1 or more later years for rail transport infrastructure that is government supported transport infrastructure. (2) Rail implementation programs must include— (a) a program of projects, and policies and budgets, for implementing the transport infrastructure strategies for rail transport infrastructure that is government supported transport infrastructure; and (b) performance targets for the rail transport infrastructure. (3) In developing rail implementation programs, the chief executive must take reasonable steps to— (a) consult with local governments and railway managers and operators that the chief executive considers would be affected by the programs; and (b) minimise conflict between the programs and expenditure programs of local governments and railway managers and operators. (4) Rail implementation programs are to be made publicly available in the way decided by the Minister. (5) The Minister may, at any time, direct the chief executive to amend a rail implementation program. (6) The Minister may— (a) approve a rail implementation program submitted for approval; or (b) require the chief executive to amend a rail implementation program submitted for approval. 15 Consistency with transport infrastructure strategies (1) Subject to the Minister's directions, a rail implementation program must be consistent with transport infrastructure strategies. (2) If a direction of the Minister results in a rail implementation program being inconsistent with a transport infrastructure strategy, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after it is given. 16 Report on implementation of programs Each annual report of the department must include a report on the implementation of the rail implementation program for the year of the report. Part 3 Implementation programs for miscellaneous transport infrastructure 17 Development of implementation programs for miscellaneous transport infrastructure (1) The chief executive must, each year, develop for the Minister's approval implementation programs for miscellaneous transport infrastructure for the year and for 1 or more later years. (2) Implementation programs for miscellaneous transport infrastructure must include— (a) a program of projects, and policies and budgets, for implementing the transport infrastructure strategies about the miscellaneous transport infrastructure covered by the programs; and (b) performance targets for that miscellaneous transport infrastructure. (3) Implementation programs for miscellaneous transport infrastructure may include proposals to spend amounts on transport infrastructure other than miscellaneous transport infrastructure if the spending would contribute to intermodal effectiveness and efficiency. (4) In developing implementation programs for miscellaneous transport infrastructure, the chief executive must take reasonable steps to consult with local governments that, in the opinion of the chief executive, would be affected by the programs. (5) Implementation programs for miscellaneous transport infrastructure are to be made publicly available in the way decided by the Minister. (6) The Minister may at any time direct the chief executive to amend implementation programs for miscellaneous transport infrastructure. (7) The Minister may approve implementation programs for miscellaneous transport infrastructure that are submitted for approval or require the chief executive to amend the programs in the way the Minister directs. 18 Consistency with transport infrastructure strategies (1) Subject to directions of the Minister, implementation programs for miscellaneous transport infrastructure must be consistent with transport infrastructure strategies. (2) If the Minister gives a direction under this section that results in implementation programs for miscellaneous transport infrastructure being inconsistent with transport infrastructure strategies, the Minister must cause a copy of the direction to be tabled in the Legislative Assembly within 5 sitting days after it is given. 19 Report on operation of implementation programs for miscellaneous transport infrastructure Each annual report of the department must include a report on the operation of the implementation programs for miscellaneous transport infrastructure during the year to which the annual report relates. Part 4 Transport government entities 20 Matters transport government entities must take into account (1) In preparing a corporate plan or a statement of corporate intent under the Government Owned Corporations Act 1993 or a strategic plan or operational plan under the Queensland Rail Transit Authority Act 2013, each rail government entity and each GOC port authority must take into account the transport infrastructure strategies. (2) A rail government entity or a GOC port authority may spend amounts on transport infrastructure other than rail transport infrastructure or port infrastructure if the spending would contribute to effectiveness and efficiency. Chapter 5 Air transport infrastructure 21 Air transport infrastructure funding programs (1) The chief executive may develop, for the Minister's approval, an air transport infrastructure funding program. (2) The purpose of a program is to facilitate basic access to air transport services and regional development. (3) An air transport infrastructure funding program must include a program of government funding to facilitate the upgrading or building of runways, landing strips or ancillary works. (4) The chief executive may, with the Minister's approval, amend an air transport infrastructure funding program. (5) The chief executive may develop guidelines, consistent with the objectives of this Act and government policy, for assessing funding applications under a program. (6) The chief executive must make any current program or guidelines publicly available. 22 Report on implementation of program Each annual report of the department must include a report on the implementation of the air transport infrastructure funding program for the year of the report. Chapter 6 Road transport infrastructure Part 1 Preliminary 23 Scope of chapter (1) To give effect to the objectives of this Act in relation to road transport infrastructure, the chief executive has, subject to the Minister and as required by this chapter— (a) the function of influencing the total road network; and (b) control over roads of State significance in the total road network, including roads of national significance that are managed in accordance with agreements or arrangements between the State and the Commonwealth about the funding of road transport infrastructure. (2) This chapter establishes a framework under which the construction, maintenance or operation of a State-controlled road can be done by the chief executive, or by a local government or someone else under agreements or arrangements with the chief executive. Part 2 State-controlled roads Division 1 Declaration of State-controlled roads 24 Declaration of State-controlled roads (1) The Minister may, by gazette notice, declare a road or route, or part of a road or route, to be a State-controlled road. Note— See sections 84CB and 105JAB for the revocation of a declaration made under this subsection by the making of a declaration under section 84A(1) or 105H(3). (2) A declaration must be consistent with criteria about the declaration of State-controlled roads in the transport infrastructure strategies. (3) A declaration must enable the location of the road to be identified. (4) The location may be identified by specifying— (a) the starting and ending points of the road; and (b) the alignment of the road; and (c) the width of the road by reference to the constructed centre line of the road pavement or surface. (5) Unless otherwise specified in a declaration, the width of a State-controlled road through a State reserve, State forest, timber reserve, vacant State land or pastoral holding is 30m each side of the centre line of the trafficked route. 25 Consultation before declaration Before making or revoking a declaration under section 24, the Minister must be satisfied each local government that would, in the Minister's opinion, be affected by the proposed declaration or revocation has been— (a) made aware of the proposed declaration or revocation; and (b) given a reasonable opportunity to make submissions to the Minister on the proposed declaration or revocation. 26 State-controlled roads on rail corridor land (1) This section applies if, under section 24, the Minister intends to declare a road or route, or part of a road or route, that crosses rail corridor land and continues on the other side of the rail corridor land to be a State-controlled road. (2) Before making the declaration, the Minister must be satisfied— (a) the department has consulted with the railway manager, if any, for the rail corridor land; and (b) the railway manager has been given a reasonable opportunity to make submissions to the Minister on the declaration. (3) If the Minister decides to declare the road or route, or part of the road or route, to be a State-controlled road, the Minister must, when making the declaration, declare in the gazette notice the part of the rail corridor land where it is crossed by the road or route to be a common area (common area) for the rail corridor land and the State-controlled road. (4) When the common area is declared— (a) the chief executive may construct, maintain and operate the State-controlled road on the common area in a way not inconsistent with its use as rail corridor land; and (b) a railway manager for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as State-controlled road; and (c) the railway manager and its agents or employees, and the Authority and its agents or employees, do not have any liability for the State-controlled road or its use or operation on the common area. Examples for paragraph (a)— • a level crossing • a bridge or other structure over a railway • a bridge or other structure that allows the road to pass under the railway (5) Unless the chief executive and a railway manager for the rail corridor land otherwise agree— (a) subject to section 251, the chief executive is responsible for maintaining the State-controlled road on the common area; and (b) if the State-controlled road on the common area stops being used, the chief executive is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway. (6) The State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land between the State and the railway manager by— (a) the Minister's declarations; or (b) anything done by the chief executive under chapter 6 for the common area. (7) After the common area is declared— (a) the chief executive must promptly give a copy of the gazette notice of the declarations to the registrar of titles; and (b) the registrar of titles must record the declarations on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register. Division 2 Motorways 27 Declaration of motorways (1) The Minister may, by gazette notice, declare that the whole or a part of a State-controlled road is a motorway. (2) A declaration must enable the location of the motorway to be identified. (3) Before making or revoking a declaration, the Minister must be satisfied each local government that would, in the Minister's opinion, be affected by the proposed declaration or revocation has been— (a) made aware of the proposed declaration or revocation; and (b) given a reasonable opportunity to make submissions to the Minister on the proposed declaration or revocation. Division 3 Chief executive to have powers of a local government 28 Chief executive to have power of a local government for State-controlled roads The chief executive may exercise, for a State-controlled road in the area of a local government, all of the powers that the local government may exercise for a local government road in the area. Part 3 Construction, maintenance and operation 29 Powers of chief executive for road works contracts etc. (1) The chief executive may, in accordance with the relevant roads implementation program, carry out, or enter into contracts for the State with other persons (including local governments, State government bodies and agencies of the Government of some other State or of a Territory) for the carrying out of— (a) road works on a State-controlled road or on land that is intended to become a State-controlled road; or (b) other works that contribute to the effectiveness and efficiency of the road network; or (c) the operation of a State-controlled road. (2) The chief executive may, for the State, carry out road works on a local government road in accordance with an agreement between the chief executive and the local government. (3) The chief executive may, for the State, enter into contracts with other persons for road works to be carried out outside the State by the chief executive, a local government, a State government body or a contractor to the chief executive in accordance with an agreement between the State and the other State or Territory concerned. (4) A contract with a local government under this section about the maintenance and operation of a State-controlled road may include arrangements about which powers of the local government are to be exercised by the chief executive and which of the powers are to be exercised by the local government for the State-controlled road. (5) A local government may enter into a contract mentioned in subsection (1) even though the contract relates to works or operation outside the local government's area. (6) The chief executive may, for the State, carry out, or enter into contracts with other persons to carry out, accommodation works that are necessary or convenient to be done as a result of road works, other than work done under subsection (7). (7) The chief executive may, for the State, carry out, or enter into contracts for, works on or adjacent to a State-controlled road at the request of the owner of adjacent land on the basis that the owner provides consideration, whether monetary or otherwise, as agreed between the chief executive and the owner. (8) This section does not prevent the chief executive carrying out, or entering into contracts for the carrying out, of road works of a minor or emergency nature. 30 Obligations in carrying out of works or operation of roads by the chief executive In carrying out works, or the operation of roads, mentioned in section 29, the chief executive must ensure that the carrying out is done on a value for money basis. 31 Contracts to encourage efficiency (1) In entering into contracts of the kind mentioned in section 29, the chief executive must ensure that open competition is encouraged. (2) Subsection (1) does not apply to a contract with a person if the person is the sole invitee and enters into a price performance contract with the chief executive. 32 Cost sharing arrangements The chief executive may arrange with another person (including a local government and a State government body) for the sharing by the chief executive with the other person of the cost of— (a) acquisition of land for transport infrastructure; or (b) road works on a State-controlled road; or (c) other works that contribute to the effectiveness and efficiency of the road network; or (d) the operation of a State-controlled road; including all necessary preliminary costs associated with the acquisition, works or operation. 33 Prohibition on road works etc. on State-controlled roads (1) A person must not, without lawful excuse or the written approval of the chief executive— (a) carry out road works on a State-controlled road; or (b) interfere with a State-controlled road or its operation. Maximum penalty—200 penalty units. (2) A person may apply to the chief executive for an approval mentioned in subsection (1). Note— See part 10 for general provisions about the application. (3) An approval may be subject to conditions decided by the chief executive. (4) A person must not contravene a condition that applies to the person under subsection (3). Maximum penalty—200 penalty units. (5) Subsection (1) does not apply to a person who carries out maintenance of ancillary works and encroachments or landscaping that does not interfere with a State-controlled road or its operation. (6) An approval under subsection (1) for road works that are road access works may only be given if there is a permitted road access location under a decision in force under section 62(1) in relation to the road access works. 34 Offender to pay cost of remedying unauthorised works (1) If a person carries out works contrary to section 33(1), the chief executive may— (a) dismantle or alter the works; or (b) remedy damage caused by the works. (2) If the chief executive causes the works to be dismantled or altered or the damage to be remedied under subsection (1), the person is liable to pay to the chief executive the costs incurred by the chief executive. 35 Temporary occupation and use of land (1) To carry out road works, accommodation works or land management activities, the chief executive, or someone authorised in writing by the chief executive, (temporary occupier) may temporarily occupy and use land, including roads, and do anything on the land that is necessary or convenient to be done. (2) However, without limiting subsection (1), the subsection does authorise the chief executive to extract and use quarry material reserved to the State and administered under the Forestry Act 1959 from land. (3) In this section— land management activity means an activity, other than accommodation works or road works, relating to road transport infrastructure or proposed road transport infrastructure. Examples of a land management activity— surveying flora, managing weeds or other pests, clearing vegetation, monitoring air or water quality or noise levels 36 Notice of entry or permission to enter (1) The person who is proposing to occupy and use land under section 35 (proposed temporary occupier) must— (a) give at least 7 days written notice to the owner or occupier of the land and the following persons— (i) if the land is land from which quarry material mentioned in section 35(2) is to be extracted—to the chief executive of the department in which the Forestry Act 1959 is administered; (ii) if the land is administered under the Land Act 1994—to the chief executive of the department in which that Act is administered; or (b) obtain the written approval of the owner or occupier to the occupation or use. (2) The notice must state— (a) the road works, accommodation works or land management activities to be carried out; and (b) the use proposed to be made of the land; and (c) details of the things proposed to be done on the land; and (d) an approximate period when the occupation or use is expected to continue; and (e) if accommodation works or land management activities are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the proposed temporary occupier about the accommodation works or land management activities proposed to be carried out on the land. (3) A notice may be given under subsection (1) in relation to land even if it is proposed to resume the land for road works. (4) If accommodation works or land management activities are proposed to be carried out on the land, the proposed temporary occupier must consider any submissions that are made within the 7 days after the notice is given, before carrying out the accommodation works or land management activities. (5) After the end of 7 days after service of a notice under subsection (1), or with the agreement of the owner or occupier, the land may be entered and the road works, accommodation works or land management activities specified in the notice carried out. (6) If urgent remedial attention is required, subsection (1) does not apply but the person who is proposing to occupy or use the land must, if it is practicable, notify the owner or occupier of the land orally. (7) In this section— land management activity see section 35(3). 37 Compensation for physical damage from entry etc. (1) An owner of land that is entered, occupied or used under section 35 may give a written notice to the chief executive claiming compensation for physical damage caused by the entry, occupation or use or for the taking or consumption of materials. (2) Compensation is not payable unless a claim is received by the chief executive within 1 year after occupation or use has ended. (3) However, the chief executive may allow a claim to be made at a later time. (4) Compensation awarded under this section must not be more than the compensation that would have been awarded if the land had been acquired. 38 Fencing State-controlled roads (1) The chief executive does not have to contribute to the fencing of the whole or a part of the boundary between land and— (a) an existing State-controlled road; or (b) a road or land that is intended to become a State-controlled road; or (c) a widening or deviation of a State-controlled road involving the acquisition of land. (2) However, subsection (1)(b) does not apply to an existing road if the land is substantially fenced and the presence of the road will make the fencing ineffective. (3) Subsection (1)(c) does not apply if the previous boundary of the road was substantially fenced. 39 Watercourses and road works (1) To carry out road works, the chief executive may— (a) divert a watercourse; or (b) construct a watercourse, whether temporary or permanent. (2) In taking action under subsection (1), the chief executive must consider the effect that the action will have on the physical integrity and flow characteristics of the watercourse. (3) The chief executive may enter and occupy private land under section 35 and carry out works that the chief executive considers necessary or desirable to enable a watercourse to operate effectively and efficiently. Part 4 Relationship with local governments 40 Funds for works on, or operation of, local government roads etc. (1) The chief executive may enter into an agreement with a local government under which the chief executive supplies funds to the local government for road works on a local government road, for other works that contribute to the effectiveness and efficiency of the road network or for the operation of a local government road. (2) The agreement— (a) must provide for the works or operation to be carried out in accordance with an agreement between the chief executive and the local government that is designed to ensure value for money in the application of the funds; and (b) may be subject to other conditions. 41 Improvement of State-controlled road as an economic alternative to improvement of the local road network If a local government concludes that improvements to a State-controlled road in its area would be beneficial to the local road network, the local government may make financial arrangements with the chief executive for the improvements to be made. 42 Impact of certain local government decisions on State-controlled roads (1) A local government must obtain the chief executive's written approval if— (a) it intends to carry out road works on a local government road or make changes to the management of a local government road; and (b) the works or changes would— (i) require the carrying out of road works on a State-controlled road; or (ii) otherwise have a significant adverse impact on a State-controlled road; or (iii) have a significant impact on the planning of a State-controlled road or a future State-controlled road. (2) Subsection (1) does not apply if the chief executive or planning chief executive considered the works or changes as part of considering— (a) an application for a development approval; or (b) a change application. (3) The chief executive may make guidelines to which local governments must have regard in deciding whether an approval of the chief executive under subsection (1) is required. (4) An approval by the chief executive under subsection (1) may be subject to conditions, including a condition that consideration, whether monetary or otherwise, be given in compensation for the impact that the road works or changes will have. (5) Subsection (1) does not apply if the conditions applied and enforced by the local government for the road works or changes comply with permission criteria fixed by the chief executive. (6) The permission criteria may include conditions, including a condition that consideration, whether monetary or otherwise, be given in compensation for the impact that the road works or changes will have. (7) A local government must comply with conditions that apply to it under this section. (8) If a local government contravenes subsection (1) or a condition that applies to it under this section, the local government is liable to compensate the chief executive for the cost of road works to State-controlled roads that are reasonably required because of the contravention. (9) An approval by the chief executive under subsection (1) must be given— (a) within 21 days after receiving the application for approval; or (b) within a longer period notified to the local government by the chief executive within the 21 day period. (10) If— (a) a local government applies for an approval under subsection (1); and (b) the chief executive does not respond to the application within 21 days after receiving the application; the chief executive is taken to have given approval at the end of the 21 days. (11) In this section— future State-controlled road means a road or land that the chief executive has notified the local government in writing is intended to become a State-controlled road. (12) The chief executive must cause a copy of each notice under subsection (11) to be published in the gazette. 43 Distraction of traffic on motorways (1) A local government must obtain the chief executive's written approval if it intends to approve the erection, alteration or operation of an advertising sign or other advertising device that would be— (a) visible from a motorway; and (b) beyond the boundaries of the motorway; and (c) reasonably likely to create a traffic hazard for the motorway. (2) The chief executive may make guidelines to which local governments must have regard in deciding whether an approval of the chief executive under subsection (1) is required for particular motorways. (3) An approval by the chief executive under subsection (1) may be subject to conditions. (4) Subsection (1) does not apply if the conditions applied by the local government to the erection, alteration or operation of the sign or device comply with permission criteria fixed by the chief executive. (5) The permission criteria may include conditions. (6) A local government must comply with conditions that apply to it under this section. (7) An approval by the chief executive under subsection (1) must be given— (a) within 21 days after receiving the application for approval; or (b) within a longer period notified to the local government by the chief executive within the 21 day period. (8) If— (a) a local government applies for an approval under subsection (1); and (b) the chief executive does not respond to the application within 21 days after receiving the application; the chief executive is taken to have given approval at the end of the 21 days. (9) In this section— motorway includes a road or land that the chief executive has notified the local government in writing is intended to become a motorway. (10) The chief executive must cause a copy of each notice under subsection (9) to be published in the gazette. 44 Effect of decisions of Planning and Environment Court (1) If— (a) an approval under section 42(1) is subject to conditions; and (b) a local government imposes conditions on the road works or changes to which the approval relates; and (c) the Planning and Environment Court amends the conditions mentioned in paragraph (b); then, to the extent to which the amendment relates to the conditions of the approval under section 42(1), the conditions of the approval are taken to be amended accordingly. (2) If— (a) there are permission criteria relevant to road works or changes mentioned in section 42; and (b) a local government imposes conditions on the road works or changes; and (c) the Planning and Environment Court amends the conditions mentioned in paragraph (b); then, to the extent to which the amendment relates to the permission criteria, the permission criteria are taken to be amended accordingly in their application to the road works or changes. (3) If— (a) an approval under section 43(1) is subject to conditions; and (b) a local government imposes conditions on the relevant erection, alteration or operation of the sign or other device; and (c) the Planning and Environment Court amends the conditions mentioned in paragraph (b); then, to the extent to which the amendment relates to the conditions of the approval under section 43(1), the conditions of the approval are taken to be amended accordingly. (4) If— (a) there are permission criteria relevant to the erection, alteration or operation of a sign or other device mentioned in section 43; and (b) a local government imposes conditions on the erection, alteration or operation; and (c) the Planning and Environment Court amends the conditions mentioned in paragraph (b); then, to the extent to which the amendment relates to the permission criteria, the permission criteria are taken to be amended accordingly in their application to the erection, alteration or operation. (5) The Planning and Environment Court is not to amend conditions as mentioned in this section without giving the chief executive a chance to be heard. 45 Management of particular functions on State-controlled roads by local governments (1) A local government may exercise, for a State-controlled road in its area, all the powers that it may exercise for a local government road in its area subject to the Local Government Act 2009, the City of Brisbane Act 2010 and the Transport Operations (Road Use Management) Act 1995, section 66. (2) However, if there is a contract of the kind mentioned in section 29(4) between the chief executive and a local government, the exercise of the powers must be done as required by the contract. (3) If there is no contract of the kind mentioned in section 29(4) between the chief executive and a local government, the chief executive may direct the local government not to exercise any or some of its powers for a State-controlled road specified in the direction. (4) A direction under subsection (3) may be subject to conditions. (5) A local government must comply with directions or conditions under this section. (6) The exercise of a power by a local government under this section is not a contravention of this Act. Part 5 Management of State-controlled roads Division 1 Prevention of damage and ensuring safety 46 Temporary restrictions on use of State-controlled roads (1) If the chief executive considers that it is necessary to prevent damage to road transport infrastructure or to ensure the safety of road users and other persons, the chief executive may, by erecting or displaying a notice (a restricted road use notice), declare that— (a) a State-controlled road is temporarily closed to all traffic or traffic of a particular class; or (b) a State-controlled road may only be used— (i) at specified times; or (ii) by particular classes of vehicles; or (iii) in accordance with conditions (including restrictions on the weight of loads of vehicles) fixed by the chief executive. (2) A restricted road use notice must— (a) be erected or displayed on the road to which the notice applies; and (b) be easily visible to persons using the road; and (c) state how the use of the road is restricted; and (d) state the maximum penalty for failing to comply with the notice. (3) The chief executive must take reasonable steps to advertise a declaration under subsection (1) in a way the chief executive considers appropriate. Examples of ways declaration may be advertised— on the department's website, in a newspaper circulating generally in the relevant area, on television, on the radio (4) A person must not drive past a restricted road use notice erected or displayed under subsection (1) in contravention of the notice, unless the person— (a) has a reasonable excuse; or (b) is acting in accordance with a written approval given by the chief executive or police commissioner; or Note— A written approval includes, for example, an approval given by text message, email or fax. (c) is carrying out road works or inspecting a road for the chief executive, and the contravention is necessary for the person to carry out the road works or inspect the road. Maximum penalty—200 penalty units. (5) A person must not unlawfully tamper with a restricted road use notice erected or displayed under subsection (1). Maximum penalty—200 penalty units. (6) Neither the State nor the chief executive is liable for damage or injury caused directly because of a contravention of subsection (4). (7) Also, civil liability does not attach to the chief executive or police commissioner for giving an approval mentioned in subsection (4)(b) if the approval was given in good faith without reckless disregard for the possible occurrence of the personal injury or loss or damage to property from which liability would arise if this subsection did not apply. (8) If subsection (7) prevents civil liability attaching to the chief executive or police commissioner liability attaches instead to the State. (9) In this section— tamper, with a restricted road use notice erected or displayed under subsection (1), includes— (a) damage, deface or destroy the notice; and (b) move or remove the notice; and (c) hinder the visibility of the notice. 47 Removal of materials etc. (1) A person must not, without lawful excuse, damage, remove or interfere with naturally occurring materials, stockpiles of materials, watercourses, road works or ancillary works and encroachments on a State-controlled road. Maximum penalty—200 penalty units. (2) A person must not deposit rubbish or abandon goods or materials on a State-controlled road other than at places approved by, and under conditions fixed by, the chief executive. Maximum penalty—200 penalty units. 48 Recovery of cost of damage (1) If— (a) a person intentionally, recklessly or negligently causes damage to road works or ancillary works and encroachments on a State-controlled road, whether or not an offence is committed; and (b) the chief executive repairs the damage or replaces or reconstructs as necessary the road works or ancillary works and encroachments; the person is liable to pay to the chief executive the cost of repair, replacement or reconstruction. (2) If— (a) the damage is caused by the operation of a vehicle; and (b) the driver of the vehicle is unknown or can not be located; the person in whose name the vehicle is registered is liable for the costs of repair, replacement or reconstruction for which the driver would be liable. (3) Subsection (2) does not apply if the vehicle was being used without the agreement or knowledge of the person in whose name the vehicle is registered. (4) If— (a) a court finds a person guilty of an offence against this Act; and (b) in committing the offence, the person caused damage to road works or ancillary works and encroachments; the court may, in addition to imposing a penalty, order the person to pay an amount towards the cost of repairing the damage. 49 Assessment of impacts on State-controlled roads from certain activities (1) This section applies if— (a) the chief executive considers the carrying on of an activity prescribed under a regulation is having, or will have, a significant adverse impact on a State-controlled road; and (b) the activity is not for— (i) a significant project under the State Development and Public Works Organisation Act 1971; or (ii) development categorised under a planning scheme as assessable development for the Planning Act; or (iii) development in a priority development area under the Economic Development Act 2012. (2) The chief executive may require the entity carrying out the activity to provide information, within a reasonable time, that will enable the chief executive to assess the impact. (3) After assessing the impact, the chief executive may decide to do 1 or more of the following— (a) give the entity a direction about the use of the road to lessen the impact; (b) require the entity— (i) to carry out works to lessen the impact; or (ii) to pay an amount as compensation for the impact. (4) The chief executive may require the works to be carried out or the amount to be paid before the impact commences or intensifies. (5) The amount required to be paid under subsection (3)(b)(ii) is a debt payable to the chief executive and may be recovered in a court of competent jurisdiction. (6) The regulation mentioned in subsection (1)(a)— (a) must contain a process under which the chief executive's decision may be reviewed; and (b) may contain a process for enforcing the decision. 49A Impact of particular development and State-controlled roads (1) This section applies if the chief executive is— (a) a referral agency for a development application; or (b) the responsible entity or a referral agency for a change application. (2) Also, this section has as its purpose ensuring— (a) the efficient and safe management of State-controlled roads; and (b) that development addresses impacts on the development from environmental emissions generated by State-controlled roads. Examples of environmental emissions— air particles, fumes, light, noise (3) For performing the chief executive's functions as responsible entity or referral agency, the chief executive must consider the extent to which the proposed development satisfies the purpose mentioned in subsection (2). (4) Subsection (3) is in addition to, and does not limit, the Planning Act, sections 55, 81, 81A and 82. Division 2 Ancillary works and encroachments and roadside facilities Subdivision 1 General rules for ancillary works and encroachments 50 Ancillary works and encroachments (1) The chief executive may construct, maintain, operate or conduct ancillary works and encroachments on a State-controlled road. (2) A person, other than the chief executive, must not construct, maintain, operate or conduct ancillary works and encroachments on a State-controlled road unless the construction, maintenance, operation or conduct— (a) is approved in writing by the chief executive; or (b) conforms to requirements stated in a notice made by the chief executive under subsection (4); or (c) is done as required by a written arrangement entered into with the chief executive; or (d) is approved under this Act, other than this section; or (e) is permitted under the Land Act 1994, the Transport Operations (Road Use Management) Act 1995, the Economic Development Act 2012 or an Act about local government. Example for paragraph (e)— ancillary works and encroachments permitted under a local law made under the Transport Operations (Road Use Management) Act 1995, section 66 Maximum penalty—200 penalty units. (3) A person may apply to the chief executive for an approval mentioned in subsection (2)(a). Note— See part 10 for general provisions about the application. (4) For the purpose of subsection (2)(b), the chief executive may, by notice, permit the construction, maintenance, operation or conduct of ancillary works and encroachments that meet requirements stated in the notice. (5) The chief executive must publish a notice made under subsection (4) on the department's website. (6) An approval or requirements under this section may be subject to conditions (including conditions about the payment of fees and other charges) fixed by the chief executive. (7) In this section— arrangement includes an agreement, contract, deed, lease and permit. 51 Presumptions about advertising notices (1) This section applies to a prosecution for an offence against section 50(2) in relation to an advertising notice. (2) Each person whose product or service is advertised on the notice is taken to maintain the notice, unless the person proves the advertisement was placed without the person's knowledge or permission. 52 Alteration etc. of ancillary works and encroachments (1) If ancillary works and encroachments are constructed, maintained, operated or conducted contrary to section 50, the chief executive may— (a) cause them to be altered, relocated, made safe or removed; or (b) for activities—direct that their conduct be altered or that they stop being conducted. (2) A person who constructed, maintained or operated ancillary works and encroachments contrary to section 50 is liable to pay to the chief executive the cost of altering or relocating them, making them safe or removing them. (3) If ancillary works and encroachments are removed under subsection (1), the chief executive may cause them to be sold or destroyed. (3A) If the chief executive sells ancillary works and encroachments, the proceeds of the sale must be applied in the following order— (a) in payment of the expenses reasonably incurred by the chief executive in removing and selling the ancillary works and encroachments; (b) if there is an amount owing to an entity under a security interest registered for the ancillary works and encroachments under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest; (c) the balance to the owner of the ancillary works and encroachments or, if the owner can not be found, to the consolidated fund. (3B) A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (3A)(a) or (b). (4) If the chief executive is of the opinion that ancillary works and encroachments, or the use of ancillary works and encroachments, that were constructed, maintained, operated or conducted on a State-controlled road under an approval, requirements or contract under section 50— (a) by themselves or with other factors— (i) are creating or may in the future create a traffic hazard; or (ii) are reducing or may in the future reduce safety; or (iii) are having or may in the future have an adverse effect on traffic operations; or (b) require emergency action; or (c) have become or may in the future become an obstacle to the carrying out of road works on the road or to the construction, augmentation, alteration or maintenance of public utility plant on the road; the chief executive may cause them to be, or direct that they be, altered, relocated, made safe or removed or, for activities, direct that their conduct be altered or that they stop being conducted. (5) A person must comply with a direction under this section. Maximum penalty—200 penalty units. (6) If ancillary works and encroachments are altered, relocated, made safe or removed because of a direction under subsection (4), the chief executive may enter into an agreement with the owner of the ancillary works and encroachments for making a contribution towards the cost of the alteration, relocation, making safe or removal. (7) In this section— secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10. Subdivision 2 Special arrangements about access 53 Definitions In this subdivision— declaration has the meaning given by section 54(1). land, adjacent to a State-controlled road, includes land that is not adjacent to the road but is benefited by an easement, registered under the Land Title Act 1994— (a) that is over land that is adjacent to the road; and (b) that starts at the boundary between the land mentioned in paragraph (a) and the road. owner includes a lessee under the Land Act 1994. permitted road access location means a permitted road access location under a decision in force under section 62(1). road access location means a location on a property boundary between land and a road for the entry or exit of traffic. State-controlled road includes a road or land that the chief executive has notified the relevant local government in writing is intended to become a State-controlled road. 54 Limited access roads (1) The chief executive, by gazette notice complying with sections 56 and 57, may declare part or all of a State-controlled road to be a limited access road (a declaration). (2) For each limited access road proposed to be declared, the chief executive must make a policy about the application of section 62 to access between the limited access road and adjacent land. (3) For a State-controlled road that is a limited access road under section 516(1), the chief executive may— (a) develop a policy about the application of section 62 to access between the road and adjacent land; and (b) publish a gazette notice complying with section 57 about the policy. (4) If a gazette notice mentioned in subsection (1) or (3) is published for a limited access road, the chief executive— (a) must ensure there is always a policy for the road while it is a limited access road; and (b) by gazette notice complying with section 57, may replace the policy as it exists at any time for the road; and (c) without a gazette notice, may amend the policy under section 58; and (d) must apply the policy as made, amended or replaced. 55 Local government to be consulted on proposed declaration or policy The chief executive must, before giving effect to a proposal to publish a gazette notice to make, amend or revoke a declaration or to make, amend or replace a policy for a limited access road— (a) notify each local government, that the chief executive considers is affected by the proposal, of the proposal; and (b) give each notified local government a reasonable opportunity to make a submission to the chief executive on the proposal. 56 Information in s 54 gazette notice about a declaration (1) A gazette notice under section 54(1) must state the reasons for the declaration. (2) The gazette notice must also state that any person whose interests are affected by the declaration may— (a) under section 485—ask for the decision to make the declaration (the original decision) to be reviewed by the chief executive; and (b) under the Transport Planning and Coordination Act 1994, part 5, division 2—apply for the original decision to be stayed; and (c) under the Transport Planning and Coordination Act 1994, part 5, division 3— (i) appeal against the chief executive's decision on the review (the reviewed decision) to the court stated in schedule 3 for the decision; and (ii) apply for the reviewed decision to be stayed. 57 Information in s 54 gazette notice about new or replacement policy (1) A gazette notice under section 54(1), (3)(b) or (4)(b) for a limited access road must state the following— (a) that there is a policy, that will be applied, about the application of section 62 to access between the road and adjacent land; (b) if the policy is replacing another policy, that a policy identified in the notice is being replaced; (c) the text of section 61; (d) either— (i) the text of the policy; or (ii) a notice that the policy is available for inspection, free of charge, during business hours at stated places; (e) that the policy may be amended at any time without a gazette notice if— (i) the amendment merely changes or repeals specific provision for 1 or more particular properties; and (ii) the owner or occupier of each property has been given written notice of the amendment; (f) that any person whose interests are affected by a policy, or, if the policy is a replacement policy, any change of the policy being replaced, may— (i) under section 485—ask for the decision about the policy to be applied (the original decision) to be reviewed by the chief executive; and (ii) under the Transport Planning and Coordination Act 1994, part 5, division 2—apply for the original decision to be stayed; and (iii) under the Transport Planning an