Tourist and Heritage Railways Act 2010
i
Tourist and Heritage Railways Act 2010
No. 79 of 2010
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Application 6
5 Transport Integration Act 2010 6
PART 2—ADMINISTRATION 7
6 Appointment of Registrar 7
7 Function of Registrar 7
8 Advisory committee 7
PART 3—TOURIST AND HERITAGE RAIL ASSET REGISTER 8
9 Establishment of register 8
10 Information to be included in register 8
11 Form of register and access to register 9
12 Compilation of information for inclusion on the register 9
13 Assets not owned by the State or the custodian 10
14 Accuracy of information 11
15 Currency of asset register 11
16 On-site inspection of assets 12
17 Register does not provide evidence of ownership 13
18 Relationship to Victorian Heritage Register 13
PART 4—LEASE AGREEMENTS 14
19 Land 14
20 Assets 15
21 Reporting and record keeping 16
PART 5—VOLUNTARY REGISTRATION SCHEME 17
22 Registration scheme 17
23 Tourist and Heritage Railway Group Register 17
24 Application for registration 18
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Section Page
ii
25 Registration 19
26 Change of details 19
27 Removal from register at request of operator 19
28 Removal from register of operator that no longer meets criteria
for registration 19
29 Review by VCAT 21
PART 6—GENERAL 22
30 Liability in relation to leased railway 22
31 Regulations 22
PART 7—CONSEQUENTIAL AMENDMENTS AND SAVINGS 26
32 Amendment of Transport Integration Act 2010 26
33 Amendment of Transport (Compliance and Miscellaneous)
Act 1983 26
34 Land tenure under the Transport (Compliance and
Miscellaneous) Act 1983 26
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ENDNOTES 28
INDEX 29
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1
Tourist and Heritage Railways Act
2010 †
No. 79 of 2010
[Assented to 19 October 2010]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The purpose of this Act is to promote the long
term viability of the tourist and heritage railway
sector and promote an improvement in the
operations of that sector as part of an integrated
and sustainable transport system. The Act does so
by—
Victoria
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(a) establishing a register of assets used,
controlled or managed by tourist and
heritage railway operators; and
(b) providing improved land tenure and asset
management schemes for tourist and heritage
railway operators; and
(c) establishing a voluntary registration scheme
for tourist and heritage railway operators
under which registered operators may access
programs and initiatives made available
under the scheme.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 December 2011, it comes into
operation on that day.
3 Definitions
In this Act—
asset register means the Tourist and Heritage Rail
Asset Register established under section 9;
custodian, of a rail asset, means the tourist and
heritage railway operator that uses, controls
or manages the asset;
description, of an asset, means a description of the
asset that includes the following
information—
(a) the name of the asset;
(b) the asset type;
(c) the make and model of the asset;
(d) the current condition of the asset
relative to its original condition;
s. 2
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(e) the serial number (if any) of the asset;
(f) any other information prescribed by the
regulations;
Director means the Director of Public Transport
within the meaning of section 3 of the
Transport Integration Act 2010;
history, of an asset, includes the following
information in relation to the asset—
(a) the manufacturer of the asset;
(b) the date the asset was manufactured;
(c) details regarding the previous use of the
asset;
(d) if known, details of any maintenance,
repairs or modifications carried out on
the asset including who carried out and
who funded the maintenance, repairs or
modifications, as the case may be;
owned by the State means owned by or vested in a
State entity;
person includes an unincorporated body or
association and a partnership;
rail asset means—
(a) the following rail infrastructure—
(i) structures and works associated
with railway tracks (for example,
cuttings, tunnels, bridges, stations,
platforms, tram stops);
(ii) over-track and under-track
structures;
(iii) signalling systems;
(iv) rolling stock control systems;
s. 3
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(v) communication systems, notices
and signs;
(vi) overhead electrical power supply
systems;
(vii) buildings, workshops and depots;
(viii) plant, machinery and equipment;
(b) rolling stock within the meaning of
section 3(1) of the Rail Safety Act
2006;
(c) anything prescribed by the regulations
to be a rail asset;
railway means a guided system designed for the
movement of rolling stock that has the
capability of transporting passengers on a
railway track with a gauge of 600 mm or
more, together with its associated
infrastructure, and includes—
(a) a heavy railway;
(b) a light railway;
(c) a tramway;
(d) anything prescribed by the regulations
to be a railway;
railway premises means any land or building used
by a tourist and heritage railway operator in
connection with the provision of historical
and heritage related rail services but does not
include residential premises;
registered operator means a tourist and heritage
railway operator who is registered on the
Tourist and Heritage Railway Group
Register under Part 5;
Registrar means the Tourist and Heritage Railway
Registrar appointed under section 6;
s. 3
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State entity means—
(a) the State; or
(b) the Secretary to the Department of
Transport; or
(c) a State owned enterprise within the
meaning of the State Owned
Enterprises Act 1992; or
(d) a body corporate incorporated under an
Act; or
(e) a wholly owned subsidiary of an entity
referred to in paragraph (c) or (d);
tourist and heritage rail asset means a rail asset
used, controlled or managed by a tourist and
heritage railway operator in connection with
the provision of historical and heritage
related rail services;
Tourist and Heritage Rail Asset Register means
the register of tourist and heritage rail assets
established under section 9;
Tourist and Heritage Railway Group Register
means the register of tourist and heritage
railway operators established under
section 22;
tourist and heritage railway operator—
(a) means a non-profit entity that—
(i) provides historical and heritage
related rail services; and
(ii) provides those services primarily
as a tourist activity and
predominantly in Victoria; and
(iii) is an accredited rail operator,
within the meaning of the Rail
Safety Act 2006, or is an entity
s. 3
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which provides those services
with rolling stock that are
operated on behalf of the entity by
an accredited operator; but
(b) does not include an entity that the
regulations prescribe is not a tourist and
heritage railway operator;
VicTrack means Victorian Rail Track established
by section 8 of the Rail Corporations Act
1996 and continued under section 116 of the
Transport Integration Act 2010.
4 Application
This Act does not apply in relation to—
(a) a railway that involves only static or non-
operational rail assets; or
Example
A railway that is dedicated to the preservation, repair
or storage of non-operational rail assets.
(b) a railway in a mine that is underground, or
chiefly underground, and that is used in
connection with mining operations; or
(c) a railway that is operated solely within an
amusement park or theme park; or
(d) the narrow-gauge steam railway, known as
the Puffing Billy railway, referred to in
section 2(1) of the Emerald Tourist
Railway Act 1977.
5 Transport Integration Act 2010
This Act is transport legislation within the
meaning of the Transport Integration Act 2010.
__________________
s. 4
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Part 2—Administration
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PART 2—ADMINISTRATION
6 Appointment of Registrar
The Director must appoint a person employed
under Part 3 of the Public Administration Act
2004 to be the Tourist and Heritage Railway
Registrar.
7 Function of Registrar
The function of the Tourist and Heritage Railway
Registrar is to compile and maintain—
(a) the Tourist and Heritage Rail Asset Register;
and
(b) a register of lease agreements granted by
VicTrack under Part 4; and
(c) the Tourist and Heritage Railway Group
Register.
8 Advisory committee
(1) The Director may establish an advisory committee
to provide advice to the Director in relation to—
(a) the voluntary scheme for the registration of
tourist and heritage railway operators; and
(b) other matters relating to the provision of
historical and heritage related rail services.
(2) The number of members and composition of the
advisory committee must be in accordance with
the regulations.
__________________
s. 6
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PART 3—TOURIST AND HERITAGE RAIL ASSET
REGISTER
9 Establishment of register
(1) The Director must establish a register of tourist
and heritage rail assets, to be known as the Tourist
and Heritage Rail Asset Register.
(2) The asset register must comprise 3 divisions—
(a) Division 1, listing tourist and heritage rail
assets that are owned by the State; and
(b) Division 2, listing tourist and heritage rail
assets that are owned by the custodian of the
rail asset and which the custodian has elected
to be included in the register; and
(c) Division 3, listing tourist and heritage rail
assets that are owned by persons other than
the State and other than the custodian of the
rail asset and which the owner has elected to
be included in the register.
10 Information to be included in register
(1) The Registrar must assign to each rail asset listed
in the Tourist and Heritage Rail Asset Register a
unique asset number.
(2) The Registrar must record in the asset register the
following information against each listed asset—
(a) the asset number assigned to the asset under
subsection (1);
(b) a description of the asset;
(c) the location of the asset;
(d) the owner of the asset;
(e) the custodian of the asset;
(f) the history of the asset;
s. 9
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(g) details of insurance arrangements relating to
the asset;
(h) any other information about the asset that the
Registrar considers should be included in the
asset register.
11 Form of register and access to register
(1) The Tourist and Heritage Rail Asset Register may
be wholly or partly in the form of a computer
database, in documentary form or in any other
form the Registrar considers appropriate.
(2) Division 1 of the asset register must be available
for inspection, free of charge, to the public.
(3) Divisions 2 and 3 of the asset register must be
available for inspection, free of charge, to a
registered operator.
(4) The custodian of a tourist and heritage rail asset
listed in Division 2 or 3 must be given access to
the information recorded against the asset on the
asset register.
(5) Subsection (4) applies regardless of whether or
not the custodian is a registered operator.
12 Compilation of information for inclusion on the
register
(1) The Registrar may request a tourist and heritage
railway operator to provide to the Registrar the
following information relating to each rail asset
owned by the State of which the operator is the
custodian—
(a) a description of the asset;
(b) the location of the asset;
(c) the history of the asset;
(d) details of insurance arrangements relating to
the asset;
s. 11
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(e) any other information about the asset that the
Registrar considers should be included in the
asset register.
(2) A request under subsection (1) must be in writing
and state that the purpose of the request is to
include in the asset register information relating to
each tourist and heritage rail asset that is owned
by the State.
(3) If a tourist and heritage rail asset is not owned by
the State but the owner of the asset has elected to
have the asset included in the asset register, the
custodian of the rail asset must provide to the
Registrar—
(a) the information relating to the asset specified
in subsection (1)(a) to (e); and
(b) the name of the person whom the custodian
believes is the owner of the asset.
13 Assets not owned by the State or the custodian
(1) This section applies to a tourist and heritage rail
asset that is not owned by the State or by the
custodian of the asset.
(2) The custodian of the rail asset must not provide to
the Registrar the information relating to the asset
specified in section 12(3) unless the custodian has
obtained a written election from the owner of the
asset to have the asset included in the asset
register.
(3) If the owner of the rail asset which is included in
the asset register requests the custodian of the
asset to do so, the custodian must—
(a) provide the owner with an extract of the
asset register containing the information
recorded against the asset; and
s. 13
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(b) if necessary, notify the Registrar of any
change or correction required to that
information.
14 Accuracy of information
(1) The Registrar must not include a tourist and
heritage rail asset in the asset register unless
satisfied that—
(a) the asset is owned by the State; or
(b) in the case of an asset that is not owned by
the State, the owner of the asset has elected
to have the asset included in the asset
register.
(2) The Registrar must not include information
relating to a rail asset in the asset register unless
the Registrar is satisfied that the information is
accurate.
(3) In determining whether or not information relating
to the ownership of an asset is accurate, the
Registrar must have regard to any documentary
evidence and other relevant material relating to
the asset.
(4) If the Registrar is not satisfied as to the accuracy
of the information relating to an asset, the
Registrar may request the custodian of the asset to
provide further information.
(5) VicTrack must provide the Registrar with any
information or assistance required by the Registrar
to verify information relating to a rail asset.
15 Currency of asset register
(1) The Registrar must use his or her best endeavours
to ensure that the information recorded in the asset
register is up to date.
s. 14
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(2) The custodian of a rail asset listed on the asset
register must notify the Registrar in writing of any
change to the information recorded against the rail
asset in the asset register.
(3) If—
(a) the Registrar is advised of a change to the
information recorded against a rail asset in
the asset register by the custodian of the rail
asset; and
(b) the Registrar is satisfied that the advice is
accurate—
the Registrar must amend the register accordingly.
(4) Subject to subsection (5), the Registrar may
request the custodian of a rail asset to check that
the information recorded against the rail asset in
the asset register is up to date and, if it is not, to
advise the Registrar of the required change.
(5) The Registrar may not make a request under
subsection (4) more than once in any 12 month
period.
16 On-site inspection of assets
(1) For the purpose of compiling or maintaining the
asset register, the Registrar may conduct an
on-site inspection of railway premises on which
the Registrar reasonably believes tourist and
heritage rail assets owned by the State are held.
(2) The Registrar may by instrument authorise
another person or other persons to conduct an
on-site inspection under subsection (1).
(3) An on-site inspection of railway premises must
not be conducted under subsection (1) unless the
operator of the railway premises—
(a) has been notified in writing of the proposed
date and time of the inspection; and
s. 16
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(b) has given written consent to the inspection
and confirmed the date and time of the
inspection.
(4) In this section, the operator, of a railway
premises, means the tourist and heritage railway
operator who is using the railway premises in
connection with the provision of historical and
heritage related rail services.
17 Register does not provide evidence of ownership
The asset register does not provide evidence of
ownership of any rail asset listed in the register.
18 Relationship to Victorian Heritage Register
(1) Any information included in the asset register
does not affect, add to or detract from the
Victorian Heritage Register established under the
Heritage Act 1995.
(2) The inclusion of a tourist and heritage rail asset on
the asset register is not intended to imply that the
asset is of any cultural heritage significance.
__________________
s. 17
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Part 4—Lease Agreements
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PART 4—LEASE AGREEMENTS
19 Land
(1) VicTrack may grant to a person who is a tourist
and heritage railway operator, or who intends to
be a tourist and heritage railway operator, a lease
in respect of any land vested in VicTrack that is
used, or proposed to be used, by the person in
connection with the provision of historical and
heritage related rail services.
(2) A lease of land granted under subsection (1) must
include the following—
(a) a description of the land;
(b) a list of all fixtures to the land;
(c) the term of the lease;
(d) the process for renewing the lease;
(e) the amount of annual rent (if any) payable;
(f) for any tourist and heritage rail assets that
are owned by the State and listed as fixtures
to the land—
(i) the insurance arrangements for those
rail assets; and
(ii) the maintenance responsibilities for
those rail assets;
(g) a holding over provision to enable the lease
to continue if, after the term of the lease, the
lease is not renewed;
(h) the reclamation rights of the lessor including
the notice required to be given to the lessee
and any compensation payable;
(i) the circumstances under which the land may
be sublet and the procedures for doing so.
s. 19
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(3) The amount of rent payable under a lease granted
under subsection (1) must not be more than a
nominal amount.
20 Assets
(1) This section applies to rail assets owned by the
State other than rail assets that are fixtures to land
leased to a tourist and heritage railway operator
under section 19.
(2) VicTrack may, on behalf of a State entity, grant to
a person who is a tourist and heritage railway
operator, or who intends to be a tourist and
heritage railway operator, a lease that entitles the
person to use, control or manage such assets in
connection with the provision of historical and
heritage related rail services.
(3) Subsection (2) applies despite section 118 of the
Transport Integration Act 2010.
(4) A lease of rail assets granted under subsection (2)
must include the following—
(a) a description of each asset that is the subject
of the lease;
(b) the term of the lease;
(c) the process for renewing the lease;
(d) the amount payable (if any) under the lease;
(e) for all rail assets that are the subject of the
lease—
(i) the insurance arrangements for those
rail assets; and
(ii) the maintenance responsibilities for
those rail assets;
(f) a holding over provision to enable the lease
to continue if, after the term of the lease, the
lease is not renewed;
s. 20
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(g) the reclamation rights of the lessor including
the notice required to be given to the lessee
and any compensation payable;
(h) the process for the transfer of any rail assets
that are the subject of the lease to another
tourist and heritage railway operator or the
sharing of those assets with another tourist
and heritage operator;
(i) the circumstances under which any rail
assets that are the subject of the lease may be
sublet and the procedures for doing so.
(5) The amount payable under a lease granted under
subsection (2) must not be more than a nominal
amount.
21 Reporting and record keeping
(1) VicTrack must provide the Registrar with a copy
of any lease granted under section 19 or 20 within
14 days after the execution of the lease.
(2) The Registrar must keep a register of all leases
granted under sections 19 and 20 and include in
the register the term and renewal dates in respect
of each lease.
__________________
s. 21
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Part 5—Voluntary Registration Scheme
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PART 5—VOLUNTARY REGISTRATION SCHEME
22 Registration scheme
(1) The Director must establish—
(a) a voluntary scheme for the registration of
tourist and heritage railway operators; and
(b) a register for that purpose to be known as the
Tourist and Heritage Railway Group
Register.
(2) The purpose of the scheme is to enable a tourist
and heritage railway operator that meets certain
criteria to register with the scheme in order to—
(a) demonstrate its commitment to business best
practice and continuous improvement of its
operations; and
(b) access programs and initiatives made
available under the scheme.
23 Tourist and Heritage Railway Group Register
(1) The Registrar must record in the Tourist and
Heritage Railway Group Register the following
information against each tourist and heritage
railway operator who participates in the
registration scheme—
(a) the operator's business name;
(b) the operator's trading name;
(c) the historical and heritage related rail service
or services being provided by the operator;
(d) the operator's contact details including the
postal address, physical address and
telephone number of the operator;
(e) the person nominated by the tourist and
heritage railway operator to be the contact
for the operator;
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(f) a registration number assigned to the
operator by the Registrar;
(g) any other prescribed information.
(2) The Tourist and Heritage Railway Group Register
may be wholly or partly in the form of a computer
database, in documentary form or in any other
form the Registrar considers appropriate.
24 Application for registration
(1) A tourist and heritage railway operator may apply
to be included in the Tourist and Heritage Railway
Group Register.
(2) The application must be in a form approved by the
Director and be accompanied by the prescribed
fee.
(3) No later than 28 days after the application is
received by the Director, the Registrar must—
(a) register the operator; or
(b) refuse to register the operator; or
(c) request more information from the operator.
(4) Within a reasonable time after making a decision
under subsection (3)(a) or (b) in relation to the
operator, the Registrar must notify the operator in
writing of the decision.
(5) If the Registrar has decided to refuse to register
the operator, the notice under subsection (4)
must—
(a) state the reasons for the refusal; and
(b) advise the operator that the decision is
reviewable by VCAT under section 29.
s. 24
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25 Registration
(1) If a tourist and heritage railway operator—
(a) has applied for registration under section 24;
and
(b) meets the prescribed registration criteria—
the Registrar must register the operator in the
Tourist and Heritage Railway Group Register.
(2) Within a reasonable time of the registration, the
Registrar must provide the operator with a
certificate of registration.
26 Change of details
If a change occurs to any detail recorded against a
registered operator in the Tourist and Heritage
Railway Group Register, the operator must notify
the Registrar in writing of the change within
28 days of its occurrence.
27 Removal from register at request of operator
On the written request of a registered operator, the
Registrar must remove the operator from the
Tourist and Heritage Railway Group Register.
28 Removal from register of operator that no longer
meets criteria for registration
(1) The Registrar may, in accordance with this
section, remove a registered operator from the
Tourist and Heritage Railway Group Register if
the Registrar is of the opinion that the operator no
longer meets the prescribed criteria for
registration.
(2) Before the Registrar removes a registered operator
from the register, the Registrar must give written
notice to the operator—
s. 25
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(a) stating that, in the opinion of the Registrar,
the operator no longer meets the prescribed
criteria for registration; and
(b) providing the reasons for that opinion; and
(c) advising that the operator may, within
45 days after receiving the notice, submit in
writing reasons why the operator should not
be removed from the register.
(3) The Registrar must not make a decision on
whether or not to remove the operator from the
register unless—
(a) the Registrar has received and considered
any submission made by the operator in
response to the notice under subsection (2);
or
(b) the period permitted under subsection (2)(c)
for making a submission has expired.
(4) The Registrar must make a decision on whether or
not to remove the operator from the register not
later than 28 days after—
(a) receiving a written submission from the
operator; or
(b) the period permitted under subsection (2)(c)
for making a submission has expired—
whichever is earlier.
(5) Within a reasonable time after deciding whether
or not to remove the operator from the register,
the Registrar must notify the operator in writing of
the decision.
(6) If the Registrar has decided to remove the
operator from the register, the notice under
subsection (5) must—
(a) state the reasons for removing the operator
from the register; and
s. 28
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(b) advise the operator that the decision is
reviewable by VCAT under section 29.
29 Review by VCAT
(1) A tourist and heritage railway operator may apply
to VCAT for review of—
(a) a decision by the Registrar under section
24(3)(b) to refuse to register the operator; or
(b) a decision by the Registrar under section
28(1) to remove the operator from the
Tourist and Heritage Railway Group
Register.
(2) The application must be made within 90 days after
the day on which—
(a) the operator is notified under section 24(4)
that the Registrar has decided to refuse to
register the operator; or
(b) the operator is notified under section 28(5)
that the Registrar has removed the operator
from the register—
as the case may be.
(3) To avoid doubt, sections 4 and 5 of the Victorian
Civil and Administrative Tribunal Act 1998
apply for the purposes of this Act.
__________________
s. 29
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Part 6—General
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PART 6—GENERAL
30 Liability in relation to leased railway
(1) This section applies if—
(a) a tourist and heritage railway operator has
entered into a lease agreement under
section 19; or
(b) a tourist and heritage railway operator has a
right to occupy a railway or part of a railway
by virtue of section 34.
(2) Despite any other law to the contrary, the
operator—
(a) must not, unless the Minister so directs, be
required to fence or contribute to fencing any
portion of the railway; and
(b) is not liable for any damage which may be
caused by reason of the railway not being
fenced in or fenced off.
(3) Subsection (2) does not prevent the operator from
erecting and maintaining such fences in
connection with the railway as the operator thinks
proper.
31 Regulations
(1) The Governor in Council may make regulations
for or with respect to—
(a) additional information to be included in the
description of a tourist and heritage rail asset
for the purposes of its inclusion in the asset
register;
(b) the appointment of members of the advisory
committee established under section 8, the
number of members of the committee and its
composition;
s. 30
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(c) additional information to be included in the
Tourist and Heritage Railway Group
Register;
(d) the criteria for registration on the Tourist and
Heritage Railway Group Register;
(e) the application fee for registration as a
registered operator;
(f) any matter or thing incidental to the
maintenance of safety in connection with the
operation of tourist and heritage railways;
(g) conferring on a tourist and heritage railway
operator any power that a passenger
transport company, within the meaning of
section 2(1) of the Transport (Compliance
and Miscellaneous) Act 1983, may exercise
in relation to a railway under the passenger
transport company's management and
control;
(h) imposing any duty or obligation upon a
tourist and heritage railway operator to
which a passenger transport company, within
the meaning of section 2(1) of the Transport
(Compliance and Miscellaneous) Act 1983,
would be subject if it were providing the
historical and heritage related rail service;
(i) prohibiting conduct in relation to, or
regulating the conduct of anyone in or on,
any rolling stock, within the meaning of
section 3(1) of the Rail Safety Act 2006, or
place belonging to, or under the control of a
tourist and heritage railway operator;
(j) preventing trespassing on any railway
premises;
s. 31
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24
(k) preventing interference with or damage to
any guide-post, bridge hand-rail, sign, notice,
light or other fixture or equipment situated or
placed on any railway premises;
(l) any matter or thing required or permitted by
this Act to be prescribed or necessary to be
prescribed to give effect to this Act.
(2) Regulations made under this Act—
(a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstance;
(c) may require a matter affected by the
regulations to be—
(i) in accordance with a specified standard
or specified requirement; or
(ii) approved by or to the satisfaction of a
specified person or a specified class of
person; or
(iii) as specified in both subparagraphs (i)
and (ii);
(d) may apply, adopt or incorporate any matter
contained in any document whether—
(i) wholly or partially or as amended by
the regulations; or
(ii) as in force at a particular time or as in
force from time to time;
(e) may confer a discretionary authority or
impose a duty on a specified person or a
specified class of person;
(f) may provide in a specified case or class of
case for the exemption of persons or things
or a class of person or things from any of the
provisions of the regulations, whether
s. 31
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25
unconditionally or on specified conditions
and either wholly or to such an extent as is
specified;
(g) may impose a penalty not exceeding
20 penalty units for a contravention of the
regulations.
__________________
s. 31
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Part 7—Consequential Amendments and Savings
Tourist and Heritage Railways Act 2010
No. 79 of 2010
26
PART 7—CONSEQUENTIAL AMENDMENTS AND SAVINGS
32 Amendment of Transport Integration Act 2010
After section 67(1)(k) of the Transport
Integration Act 2010 insert—
"(ka) provide support to tourist and heritage
railway operators, within the meaning of the
Tourist and Heritage Railways Act 2010;".
33 Amendment of Transport (Compliance and
Miscellaneous) Act 1983
Sections 247, 248, 249(2) and 255 of the
Transport (Compliance and Miscellaneous) Act
1983 are repealed.
34 Land tenure under the Transport (Compliance and
Miscellaneous) Act 1983
(1) This section applies if, immediately before the
commencement of section 33, a tourist and
heritage railway operator occupies a railway or
part of a railway under an Order of the Governor
in Council made under section 247 of the
Transport (Compliance and Miscellaneous) Act
1983 (a relevant Order).
(2) Despite the repeal of section 247 of the
Transport (Compliance and Miscellaneous) Act
1983, a relevant Order remains in force after that
See:
Act No.
6/2010.
Statute Book:
www.
legislation.
vic.gov.au
s. 32
See:
Act No.
9921.
Reprint No. 14
as at
31 July 2009
and
amending
Act Nos
71/2006,
13/2009,
45/2009,
68/2009,
69/2009,
91/2009,
93/2009,
6/2010,
16/2010 and
19/2010.
LawToday:
www.
legislation.
vic.gov.au
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27
commencement and may be varied or revoked as
if section 247 of the Transport (Compliance and
Miscellaneous) Act 1983 were still in force.
(3) A relevant Order remains in force until—
(a) a lease in respect of the railway or part of the
railway is granted to the operator under
section 19; or
(b) under the terms of the Order, the right to
occupy the railway or part of the railway
terminates; or
(c) the Order is revoked—
whichever occurs first.
═══════════════
s. 34
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28
ENDNOTES
† Minister's second reading speech—
Legislative Council: 27 July 2010
Legislative Assembly: 2 September 2010
The long title for the Bill for this Act was "A Bill for an Act to enact a
legislative scheme relating to tourist and heritage railway operators and
for other purposes."
Endnotes
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29
INDEX
Subject Section
Actamendments to other Acts 32, 33
application 4
commencement 2
purpose 1
regulations 31
transport legislation within Transport Integration
Act 2010 5
transitional provisions 34
Advisory committees 8
Custodians 3, 11–13, 15
Definitions 3, 16
Director
definition 3
powers, duties regarding
appointment of Registrar 6
establishment of advisory committees 8
Tourist and Heritage Rail Asset Register 9
voluntary registration scheme 22, 24
Leases 19–21, 30
Railway (def.) 3
Railway premises 3, 16
Registrar 6, 7, 16, 21
See also Tourist and Heritage Rail Asset Register;
Tourist and Heritage Railway Group Register
Regulations 31
State entities (def.) 3
Tourist and Heritage Rail Asset Register
access to, form 11
accuracy of information 14
assets not owned by State, custodian 13
compilation of information 12
currency of information 15
establishment 9
information to be included 10
no evidence of ownership 17
rail assets (def.) 3
relationship to Victorian Heritage Register 18
tourist and heritage rail assets (def.) 3
Tourist and Heritage Railway Group Register 23–29
Tourist and heritage railway operators
definition 3
liabilities of 30
registered operators (def.) 3
registration 22, 24–26, 29
Transitional provisions 34
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30
Subject Section
VCAT 29
VicTrack 3, 14, 19–21
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