Queensland Consolidated Acts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 36B

36B Chief executive’s power to give direction about use of essential public transport infrastructure

(1) The chief executive may, by written notice, give the owner of essential public transport infrastructure a direction—

(a) to allow any operator of the relevant service for the infrastructure to use the infrastructure on stated conditions fixed by the chief executive; and

(b) not to change the infrastructure in a way that restricts that use.

(2) However, before giving the direction, the chief executive must—

(a) give the relevant parties a reasonable opportunity to make written submissions about the proposed direction; and

(b) consider any submissions made under paragraph (a) ; and

(c) be satisfied that—

(i) the relevant parties have not been able to reach an agreement about the use under the proposed declaration; and

(ii) there is no other reasonably practicable alternative to the direction that will secure the use.

(3) The direction must—

(a) identify the infrastructure and the relevant service; and

(b) state a reasonable period within which the direction must be complied with; and

(c) include, or be accompanied by, an information notice about the decision to give the direction and the decision to fix the conditions.

(4) The direction is an
"essential infrastructure direction" .

(5) In this section—

"relevant parties" means—

(a) the owner and anyone else who would, under section 36C , be bound by the proposed direction; and

(b) any operator of the relevant service.

"relevant service" means the public passenger service identified in the declaration that declared the essential public transport infrastructure.