Transport Infrastructure and Other Legislation Amendment Regulation 2019

1Short title

This regulation may be cited as the Transport Infrastructure and Other Legislation Amendment Regulation 2019.

2Commencement

This regulation commences on 13 December 2019.

3Regulation amended

This part amends the Planning Regulation 2017.

4Amendment of sch 5 (Infrastructure)

Schedule 5, part 1, item 1, after ‘encroachments’—
insert—

for a road

5Amendment of sch 6 (Development local categorising instrument is prohibited from stating is assessable development)

(1)Schedule 6, section 9—
omit, insert—

9Operational work for ancillary works and encroachments for a road

Operational work for ancillary works and encroachments for a road—

(a)carried out in accordance with a notice made under the Transport Infrastructure Act, section 50(4); or

(b)done as required by a written arrangement entered into with the chief executive (transport) mentioned in the Transport Infrastructure Act, section 50(2)(c).

(2)Schedule 6, section 26(1), after ‘encroachments’—
insert—

for a road

6Amendment of sch 24 (Dictionary)

Schedule 24, definition ancillary works and encroachments, after ‘encroachments’—
insert—

, for a road,

7Regulation amended

This part amends the Transport Infrastructure (State-controlled Roads) Regulation 2017.

8Amendment of s 3 (Definitions)

Section 3, ‘schedule 2’—
omit, insert—

schedule 1

9Omission of ss 12 and 13

Sections 12 and 13—
omit.

10Replacement of s 14 (Chief executive may require documents or information)

Section 14—
omit, insert—

14Chief executive may require information about application

(1)This section applies to an application for an approval mentioned in section 50(2)(a) of the Act.

(2)The chief executive may, by notice given to the applicant, require the applicant to give the chief executive further information the chief executive reasonably requires to decide the application within a reasonable period of at least 28 days stated in the notice.

(3)The chief executive may refuse the application if the applicant fails, without reasonable excuse, to comply with the notice within the stated period.

(4)In this section—

information includes a document.

11Amendment of s 15 (Construction to be according to approved plans and specifications and approval conditions)

(1)Section 15(1), ‘50(2)’—
omit, insert—

50(2)(a)

(2)Section 15(2)(b), ‘50(5)’—
omit, insert—

50(6)

12Insertion of new pt 7

After section 16—
insert—

Part 7 Transitional provision for Transport Infrastructure and Other Legislation Amendment Regulation 2019

17Existing applications for approval for ancillary works and encroachments

(1)This section applies if an application for the chief executive’s approval under section 50 of the Act was made but not decided before the commencement.

(2)Section 14 of this regulation as in force immediately before the commencement continues to apply in relation to the application as if the Transport Infrastructure and Other Legislation Amendment Regulation 2019 had not been made.

13Omission of sch 1 (Encroachments declared to be ancillary works and encroachments)

Schedule 1—
omit.

14Amendment and renumbering of sch 2 (Dictionary)

(1)Schedule 2, definition remotely piloted aircraft—
omit.

(2)Schedule 2—
renumber as schedule 1.