Tourist and Heritage Railways Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Tourist and Heritage Railways Regulations 2011 S.R. No. 102/2011 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provisions 2 3 Commencement 2 4 Definitions 2 PART 2—ADVISORY COMMITTEE 3 5 Composition of committee 3 6 Nomination of representatives of tourist and heritage railway operators 3 7 Appointment of members 5 PART 3—TOURIST AND HERITAGE RAILWAY GROUP REGISTER 6 8 Additional information 6 9 Criteria for inclusion 6 PART 4—OFFENCES 8 10 Graffiti 8 11 Prohibited language 8 12 Prohibited behaviour 8 13 Trespassing on railway premises 8 14 Rubbish dumping 9 15 Interfering with equipment 9 16 Damaging equipment 9 ═══════════════ -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 102/2011 Tourist and Heritage Railways Act 2010 Tourist and Heritage Railways Regulations 2011 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 22 September 2011 Responsible Minister: TERRY MULDER Minister for Public Transport MATTHEW McBEATH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are to support the tourist and heritage railway sector and promote improvement in the operational activities of that sector by— (a) prescribing the appointment of members of the advisory committee established under section 8 of the Act; (b) prescribing the number of members and the composition of the advisory committee; (c) prescribing additional information to be included in the Tourist and Heritage Railway Group Register; -- 2 of 10 -- Part 1—Preliminary Tourist and Heritage Railways Regulations 2011 S.R. No. 102/2011 2 Authorised by the Chief Parliamentary Counsel (d) prescribing the criteria for registration on the Tourist and Heritage Railway Group Register; and (e) creating certain offences. 2 Authorising provisions These Regulations are made under section 31 of the Tourist and Heritage Railways Act 2010. 3 Commencement These Regulations come into operation on 1 October 2011. 4 Definitions In these Regulations— incorporated association has the same meaning as it has in section 3(1) of the Associations Incorporation Act 1981; public officer has the same meaning as it has in section 3(1) of the Associations Incorporation Act 1981; the Act means the Tourist and Heritage Railways Act 2010. __________________ r. 2 -- 3 of 10 -- Part 2—Advisory Committee Tourist and Heritage Railways Regulations 2011 S.R. No. 102/2011 3 Authorised by the Chief Parliamentary Counsel PART 2—ADVISORY COMMITTEE 5 Composition of committee (1) The advisory committee consists of 8 members comprising— (a) the Registrar, who is to be the Chair; and (b) 7 members appointed by the Director. (2) The 7 members appointed by the Director comprise— (a) a person nominated by the Chief Executive of Tourism Victoria; (b) a person nominated by the Chief Executive of Regional Development Victoria; (c) a person nominated by the Chief Executive of VicTrack; (d) 4 persons nominated in accordance with regulation 6 representing, respectively, each of the tourist and heritage railway operators described in that regulation. 6 Nomination of representatives of tourist and heritage railway operators (1) The Director may seek nominations for appointment to the advisory committee from the following groups of tourist and heritage railway operators— (a) the group of operators operating on a railway track gauge of 1435mm or more (the broad gauge group); (b) the group of operators operating on a railway track that is also used by a passenger transport company (the mainline group); r. 5 -- 4 of 10 -- Part 2—Advisory Committee Tourist and Heritage Railways Regulations 2011 S.R. No. 102/2011 4 Authorised by the Chief Parliamentary Counsel (c) the group of operators operating on a railway track with a gauge between 600mm and 1067mm (the narrow gauge group); and (d) the group of operators operating on a tramway track (the tramway group). (2) A person nominated by a group of tourist and heritage railway operators must be a member of the committee, board or governing body of one of the tourist and heritage railway operators from that group. (3) The nominations must be in a form determined by the Director. (4) The Director must ensure, to the extent possible, that the 4 members representing the tourist and heritage railway operators have between them skills, knowledge and acumen in each of the following areas— (a) tourist and heritage railway operations; (b) business; (c) the conservation of heritage assets; (d) civil or mechanical engineering. (5) The Director may decline a nomination from one or more of the tourist and heritage railway groups if the Director is not satisfied that the appointment of the nominee, or nominees, will result in the skills, knowledge and acumen described in subregulation (4) and may request that the group, or groups, nominate another person. (6) In this regulation— passenger transport company has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983. r. 6 -- 5 of 10 -- Part 2—Advisory Committee Tourist and Heritage Railways Regulations 2011 S.R. No. 102/2011 5 Authorised by the Chief Parliamentary Counsel 7 Appointment of members (1) The Director may, by written instrument, appoint a person to be a member of the advisory committee. (2) The Director may determine the terms and conditions of the appointment. __________________ r. 7 -- 6 of 10 -- Part 3—Tourist and Heritage Railway Group Register Tourist and Heritage Railways Regulations 2011 S.R. No. 102/2011 6 Authorised by the Chief Parliamentary Counsel PART 3—TOURIST AND HERITAGE RAILWAY GROUP REGISTER 8 Additional information For the purposes of section 23(1)(g) of the Act, the following information to be recorded in the Tourist and Heritage Railway Group Register against each tourist and heritage railway operator is prescribed— (a) if the operator is an incorporated association—the name of its public officer; (b) if the operator is a company limited by guarantee—the name of its secretary. 9 Criteria for inclusion (1) For the purposes of Part 5 of the Act, the following criteria that a tourist and heritage railway operator must meet in order to be registered in the Tourist and Heritage Railway Group Register are prescribed— (a) the operator is either an incorporated association or a company limited by guarantee; (b) the operator has a committee, board or governing body; (c) the operator has a policy on working with children. (2) In addition, on and from the dates specified, the following criteria are prescribed— (a) on and from 1 October 2012—the operator has a business plan; r. 8 -- 7 of 10 -- Part 3—Tourist and Heritage Railway Group Register Tourist and Heritage Railways Regulations 2011 S.R. No. 102/2011 7 Authorised by the Chief Parliamentary Counsel (b) on and from 1 October 2013— (i) the operator has an asset conservation plan; (ii) the operator has a marketing strategy. __________________ r. 9 -- 8 of 10 -- Part 4—Offences Tourist and Heritage Railways Regulations 2011 S.R. No. 102/2011 8 Authorised by the Chief Parliamentary Counsel PART 4—OFFENCES 10 Graffiti (1) A person must not mark graffiti on any rail asset or railway premises unless the person has first obtained the express consent of the owner or custodian of the rail asset or of the owner, occupier or lessee of the railway premises to do so. Penalty: 10 penalty units. (2) In this regulation— mark graffiti has the same meaning as it has in section 3 of the Graffiti Prevention Act 2007. 11 Prohibited language A person in or on a rail asset or railway premises must not use indecent, obscene, offensive or threatening language. Penalty: 10 penalty units. 12 Prohibited behaviour A person in or on a rail asset or railway premises must not behave in an obscene, offensive, threatening, disorderly or riotous manner. Penalty: 10 penalty units. 13 Trespassing on railway premises A person must not wilfully trespass on any railway premises or refuse to leave when requested by the owner or occupier. Penalty: 20 penalty units. r. 10 -- 9 of 10 -- Part 4—Offences Tourist and Heritage Railways Regulations 2011 S.R. No. 102/2011 9 Authorised by the Chief Parliamentary Counsel 14 Rubbish dumping (1) A person must not deposit any solid or liquid domestic or commercial waste, refuse, debris or rubbish on any railway premises except in a receptacle provided for that purpose. Penalty: 20 penalty units. (2) In this regulation— deposit means the act of parting with possession of a thing. 15 Interfering with equipment A person must not interfere with or attempt to interfere with any guide-post, bridge hand-rail, sign, notice, light or other fixture or equipment situated or placed on any railway premises unless the person has first obtained the express consent of the owner, occupier or lessee of the railway premises to do so. Penalty: 20 penalty units. 16 Damaging equipment A person must not damage or attempt to damage any guide-post, bridge hand-rail, sign, notice, light or other fixture or equipment situated or placed on any railway premises. Penalty: 20 penalty units. ═══════════════ r. 14 -- 10 of 10 --