TRANSPORT ADMINISTRATION ACT 1988

New South Wales Consolidated Acts

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- As at 21 November 2023
- Act 109 of 1988

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Name of Act
2. Commencement
2A. Objects of Act
2B. Common objectives and service delivery priorities of public transport agencies
3. Definitions
3A. Metropolitan rail area
3B. Ministerial responsibility and delegation

PART 1A - TRANSPORT FOR NSW

3C. Constitution and management of TfNSW
3D. Objectives of TfNSW
3E. Functions of TfNSW
3F. Corporate plan for TfNSW
3G. Directions by TfNSW to public transport agencies
3H. Review by relevant safety regulator of directions relating to transport safety matters
3I. Delegation of TfNSW's functions
3J. Acceptance of delegated functions by TfNSW
3K. Disclosure of information by agencies to TfNSW
3L. Annual reporting information

PART 2 - TRANSPORT ASSET HOLDING ENTITY

Division 1 - Constitution and management of Transport Asset Holding Entity

4. Establishment of Transport Asset Holding Entity
5. Foundation charter of TAHE
6. Board of directors
7. Chief executive officer
8. Acting chief executive officer
9. Application of SOC Act

Division 2 - Objectives and functions of Transport Asset Holding Entity

10. Objectives of TAHE
11. Functions of TAHE
12. Acquisition of land by TAHE

Division 3 - Operating licences

13. Grant of operating licences
14. Terms and conditions of operating licence
15. Amendment of operating licence
16. Term of operating licence
17. Contravention of operating licence
18. Cancellation of operating licence
PARTS 2A, 2B - (Repealed)
None

PART 3 - STATE TRANSIT AUTHORITY

Division 1 - Constitution of State Transit Authority

20. Constitution of STA

Division 1A - Objectives of State Transit Authority

20A. Objectives of STA

Division 2 - General functions of State Transit Authority

21. Bus services
22. Newcastle ferry services
23. (Repealed)
24. Miscellaneous functions of STA

Division 3 - Management of State Transit Authority

25, 26. (Repealed)
27. Chief Executive of STA
28. Chief Executive to manage STA
29. (Repealed)
30. STA to supply information to Minister
31. Corporate plans
32-34. (Repealed)
35. Delegation of functions of STA

PART 3A - SYDNEY FERRIES

Division 1 - Constitution of Sydney Ferries

35A. Constitution of Sydney Ferries

Division 2 - Objectives of Sydney Ferries

35B. Objectives of Sydney Ferries

Division 3 - Functions of Sydney Ferries

35C. Sydney ferry services
35D. Other transport services
35E. Other functions of Sydney Ferries
35EA. Sale, lease or other disposal of land
35F. Acquisition of land by Sydney Ferries
35G. Effect of Division

Division 4 - Management of Sydney Ferries

35H, 35I. (Repealed)
35J. Chief Executive of Sydney Ferries
35K. Chief Executive to manage Sydney Ferries
35L. (Repealed)
35M. Sydney Ferries to supply information to Minister
35N. Corporate plans
35O-35Q. (Repealed)
35QA. Delegation of functions of Sydney Ferries

Division 5 - (Repealed)
None

PART 3B - SYDNEY TRAINS

Division 1 - Constitution of Sydney Trains

36. Constitution of Sydney Trains

Division 2 - Objectives of Sydney Trains

36A. Objectives of Sydney Trains

Division 3 - Functions of Sydney Trains

36B. Sydney railway passenger services
36C. Other functions of Sydney Trains
36D. Sale, lease or other disposal of land
36E. Acquisition of land by Sydney Trains
36F. Effect of Division

Division 4 - Management of Sydney Trains

36G. Chief Executive of Sydney Trains
36H. Chief Executive to manage Sydney Trains
36I. Sydney Trains to supply information to Minister
36J. Corporate plans
36K. Delegation of functions of Sydney Trains

PART 3C - NSW TRAINS

Division 1 - Constitution of NSW Trains

37. Constitution of NSW Trains

Division 2 - Objectives of NSW Trains

37A. Objectives of NSW Trains

Division 3 - Functions of NSW Trains

37B. NSW railway passenger services
37C. Other functions of NSW Trains
37D. Sale, lease or other disposal of land
37E. Acquisition of land by NSW Trains
37F. Effect of Division

Division 4 - Management of NSW Trains

37G. Chief Executive of NSW Trains
37H. Chief Executive to manage NSW Trains
37I. NSW Trains to supply information to Minister
37J. Corporate plans
37K. Delegation of functions of NSW Trains

PART 3D - SYDNEY METRO

Division 1 - Constitution of Sydney Metro

38. Constitution of Sydney Metro

Division 2 - Objectives of Sydney Metro

38A. Objectives of Sydney Metro

Division 3 - Functions of Sydney Metro

38B. Functions of Sydney Metro
38C. Metro infrastructure development functions
38D. Other land development functions of Sydney Metro
38E. Effect of Division

Division 4 - Management of Sydney Metro

38F. Establishment of Sydney Metro Board
38G. Functions of Sydney Metro Board
38H. Chief Executive of Sydney Metro
38I. Control and management of Sydney Metro

Division 5 - General

38J. Appointment of advisory committees
38K. Sydney Metro to supply information to Minister
38L. Corporate plans
38M. Delegation of functions of Sydney Metro
38N. Roads authority consent not required for certain work by Sydney Metro
PARTS 4, 4A - (Repealed)
None

PART 5 - TRANSPORT ADVISORY BOARD

43. Establishment of Transport Advisory Board
44. Functions of Advisory Board
44A. Committees of Advisory Board

PART 5A - CHIEF INVESTIGATOR OF THE OFFICE OF TRANSPORT SAFETY INVESTIGATIONS

45. Chief Investigator
45A. General functions of Chief Investigator
45AA. Limits on functions of Chief Investigator
45B. No Ministerial control of Chief Investigator
45C. Disclosure of information by Chief Investigator
45D. Acting Chief Investigator
45DA. Delegation of functions of Chief Investigator
45DB. Arrangements with Australian Transport Safety Bureau

PART 6 - (Renumbered)
None

PART 6A - (Repealed)
None

PART 6B - SUBSIDIARY CORPORATIONS, JOINT VENTURES ETC

55A. Definition of "transport authority"
55B. Exercise of functions through subsidiary corporations, joint ventures etc
55C. Public subsidiary corporations
55D. Private subsidiary corporations etc
55E-55S. (Repealed)

PART 7 - PROVISIONS RELATING TO STAFF
Divisions 1, 1A - (Repealed)
None

Division 2 - Staff of Chief Investigator

59. Employment of staff
59A-59C. (Repealed)
60. Salary, wages and conditions of staff
61. Regulations relating to staff of Chief Investigator

Division 2A - (Repealed)
None

Division 3 - Staff of Sydney Ferries

62. Employment of staff
63. Salary, conditions etc of staff
64. Regulations relating to Sydney Ferries staff

Division 3A - Staff of Sydney Trains

64A. Employment of staff
64B. Salary, conditions etc of staff
64C. Regulations relating to Sydney Trains staff

Division 3B - Staff of NSW Trains

64D. Employment of staff
64E. Salary, conditions etc of staff
64F. Regulations relating to NSW Trains staff

Division 4 - Transfer of staff

65. Definitions
66. Orders providing for transfer of staff of transport authorities
67. Preservation of remuneration and other conditions of employment on transfer
68. Preservation of leave and other entitlements for previous service
68A. No payment out on transfer or dual benefits

PART 7A - THE TRANSPORT SERVICE

68B. The Transport Service
68C. Employment in the Transport Service
68D. Transport Service senior executives, senior managers and non-executive employees
68E. Kinds of employment in the Transport Service
68F. Senior executives--employment in bands and assignment to roles
68G. Senior executives--government sector employment rules
68H. Senior executives--contract of employment
68HA. (Repealed)
68I. Senior executives--remuneration, benefits and allowances
68J. Senior managers--remuneration level and conditions of employment
68K. Non-executive employees--conditions of employment
68L. Senior managers and non-executive employees--assignment to different roles within Transport Service
68M. Acting in senior executive or senior manager roles
68N. Senior executives and managers--termination of employment
68O. Senior executives and managers--industrial or legal proceedings excluded
68P. Regulations relating to employees in the Transport Service
68Q. Miscellaneous provisions relating to the Transport Service

PART 8 - FINANCIAL PROVISIONS
Divisions 1, 1A - (Repealed)
None

Division 2 - Financial provisions relating to State Transit Authority

73. State Transit Authority Fund
74. Payments into State Transit Authority Fund
75. Payments from State Transit Authority Fund
76. Payment of dividend to Treasurer
Division 2A
76A-76C. (Repealed)

Division 3 - Transport for NSW

77. TfNSW Fund
78. Payments into TfNSW Fund
79. Payments from TfNSW Fund
80. Expenditure on certain State works
80A. Payments of subsidies to councils for traffic route lighting
80B. TfNSW to make available money for subsidies
80C. Payments of subsidies to electricity distributors for removal or relocation of electricity structures

Division 3A - Financial provisions relating to Sydney Ferries

80D. Sydney Ferries Fund
80E. Payments into Sydney Ferries Fund
80F. Payments from Sydney Ferries Fund

Division 3AA - Financial provisions relating to Sydney Trains

80FA. Sydney Trains Fund
80FB. Payments into Sydney Trains Fund
80FC. Payments from Sydney Trains Fund

Division 3AB - Financial provisions relating to NSW Trains

80FD. NSW Trains Fund
80FE. Payments into NSW Trains Fund
80FF. Payments from NSW Trains Fund

Division 3AC - Financial provisions relating to Sydney Metro

80FG. Sydney Metro Fund
80FH. Payments into Sydney Metro Fund
80FI. Payments from Sydney Metro Fund

Division 3B - Community Road Safety Fund

80G. Community Road Safety Fund
80H. Payments into Community Road Safety Fund
80I. Payments from Community Road Safety Fund
80J. Meaning of "road safety functions" of TfNSW

Division 4 - Financial provisions relating to Authorities generally

81A. Definition
81. Financial duties of the Authorities
82. Financial year
83. (Repealed)

Division 5 - Charges for services of Sydney Ferries, Sydney Metro, Sydney Trains, NSW Trains and State Transit Authority

84. Definitions
85. Orders fixing charges
86. Ministerial supervision of orders fixing charges
87. General provisions relating to orders fixing charges
88. Free or subsidised railway, bus or ferry travel

PART 8A - ARTC ARRANGEMENTS

Division 1 - Preliminary

88A. Definitions

Division 2 - Arrangements between rail authorities and ARTC

88B. Lease or licence of land and rail infrastructure facilities
88C. Other agreements or arrangements relating to freight lines
88D. Provision of transition support services
88E. Sale of plant, machinery, equipment, stores and consumables
88F. Requirements for consent not applicable
88G. Severance of rail infrastructure facilities and from leased or licensed land
88H. Functions of ARTC relating to rail infrastructure facilities
88I. Transfer of assets, rights or liabilities of rail authority

Division 3 - Rail services, access and infrastructure obligations

88J. Obligation to maintain linear continuity of rail services
88K. Rail access obligations and functions
88L. Network control
88M. Restrictions on dealings with land and rail infrastructure facilities and other rights
88N. Obligations and rights under the Rail Safety National Law (NSW)
88O. Obligations and rights under Protection of the Environment Operations Act 1997
88P. Obligations and rights under Heritage Act 1977
88Q. Obligations and rights under Threatened Species Conservation Act 1995
88R. Obligations relating to activities under Environmental Planning and Assessment Act 1979

Division 4 - Prohibition on vertical integration

88S. Restrictions on vertical integration of rail operations
88T. Injunctions

Division 5 - Staffing arrangements

88U. Agreements for secondment of staff to ARTC
88V. Temporary staff placement with ARTC (secondments)
88W. No time limit for period of temporary placement
88X. Obligations and rights under the Rail Safety National Law (NSW) relating to members of staff
88Y. Obligations and rights under Work Health and Safety Act 2011 and other legislation
88Z. Liability under Law Reform (Vicarious Liability) Act 1983
88ZA. Workers compensation arrangements
88ZB. Effect of staffing agreements and arrangements

Division 6 - State taxes

88ZC. Exemption from State taxes
88ZD. Rail authorities and ARTC not grouped for payroll tax purposes

Division 7 - Effect of Part

88ZE. Effect of Part
88ZF. Protection of contractual and other obligations
88ZG. Compensation not payable

PART 9 - MISCELLANEOUS

Division 1 - Definitions

89. Definitions

Division 1A - Miscellaneous provisions relating to rail authorities

90. State rail operators not common carriers
91. Regulations relating to railway and other transport services
92. Limitation of compensation in respect of damage to property by fire
93. Search of vehicles and luggage on certain railway premises
94. Transfers of assets, rights and liabilities
95. (Repealed)
96. Person may be chief executive of more than one authority

Division 1B - Miscellaneous provisions relating to rail infrastructure, rail access and network control

97. Additional facilities may be treated as rail infrastructure facilities
98. Powers of rail authorities relating to rail infrastructure facilities and land
99. Maintenance of railway lines
99A. Closure and disposal of railway lines
99AA. Connections to rail infrastructure
99B. Closure of level-crossings, bridges and other structures
99C. NSW rail access undertakings
99D. Network control
99E. Use of disused railway lines

Division 1C - (Repealed)
None

Division 2 - Miscellaneous provisions relating to State Transit Authority

100. Sale, lease or other disposal of land
101. Acquisition of land
102. STA not a common carrier
103. Inquiries into bus or ferry accidents
104. Regulations relating to bus and ferry services

Division 2A - Special provisions relating to light rail

104A-104K. (Repealed)
104L. Definitions
104M. Light rail services
104N. Light rail system
104O. Development and operation of light rail systems
104P. Part 5 of EPA Act to apply to development for light rail system
104Q. Local government approvals not required for light rail system
104R. Easements etc for light rail system
104S. Exemption of light rail system from payment of rates and land tax
104T. Exemption from duty
104U. Altering position of conduit for purposes of light rail system
104V. Resolution of disputes concerning routes of light rail systems

Division 3 - Miscellaneous provisions relating to TfNSW

105. Power to accept gifts, bequests or devises of property
105A. Transfer of assets, rights and liabilities to National Heavy Vehicle Regulator
106. Grants to councils in connection with use of buses
106A. Grants to charitable organisations

Division 3A - Miscellaneous provisions relating to Sydney Ferries

106B. Sydney Ferries not a common carrier
106C. Regulations relating to Sydney ferry services
106D. Transfer of certain assets, rights and liabilities of STA to Sydney Ferries

Division 4 - Miscellaneous provisions relating to transport authorities

107. Definition of "transport authority"
108. Transport districts
109. Seals of Authorities
110. Miscellaneous provisions relating to contracts of transport authority
111. Referral of disputes
112. Personal liability of certain persons
113. Presumption of validity
114. (Repealed)
115. Recovery of charges etc by transport authority
116. Liability of vehicle owner for parking offences on Authority's land
117. Penalty notices for certain offences
118. Proceedings for offences
119. Regulations
120. Savings, transitional and other provisions

Division 5 - Miscellaneous provisions relating to common law damages for public transport accidents

121. Application of common law damages for motor accidents to railway and other public transport accidents

Division 6 - Special provisions for Parramatta Rail Link

122. Definitions
123. EPA Act not affected
124. Acquisition of national park and other park land
125. Application of Public Works Act to the Parramatta Rail Link
126. Sections 109ZJ [#38] 109ZK EPA Act not to apply
127. Order of approval under Heritage Act

Division 7 - (Repealed)
None
SCHEDULE 1
SCHEDULE 2
SCHEDULE 2A
SCHEDULE 2B
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
Schedule 6 (Repealed)
SCHEDULE 6A
SCHEDULE 6AA
SCHEDULE 6B
SCHEDULE 7
SCHEDULE 8
Schedule 8A (Repealed)
SCHEDULE 9
SCHEDULE 10
Schedule 11 (Repealed)

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