Tourist and Heritage Railways Act
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The Tourist and Heritage Railways Act 2010 (the THR Act) is a law enacted by the Parliament of the
State of Victoria Victoria is a state in southeastern Australia. It is the second-smallest state with a land area of , the second most populated state (after New South Wales) with a population of over 6.5 million, and the most densely populated state i ...
, Australia and is the prime statute regulating the activities of tourist and heritage rail operators in the State. The Act covers the bulk of Victoria's operational tourist and heritage
railways Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a pre ...
including many heavy and light rail operations and
tram A tram (called a streetcar or trolley in North America) is a rail vehicle that travels on tramway tracks on public urban streets; some include segments on segregated right-of-way. The tramlines or networks operated as public transport are ...
ways, predominantly in regional areas of
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
. The Tourist and Heritage Railways Act and the supporting regulations were developed by the
Transport Legislation Review The Transport Legislation Review is a policy and legislation review project conducted by the Department of Transport in the State of Victoria, Australia between 2004 and late 2010. The aim of the project was review of transport policy and laws a ...
conducted by the
Department of Transport The Department for Transport (DfT) is a department of His Majesty's Government responsible for the English transport network and a limited number of transport matters in Scotland, Wales and Northern Ireland that have not been devolved. The d ...
. The Act was the first dedicated statute in
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
for the tourist and heritage railways sector (the THR sector) and is also the only dedicated principal statute for the THR sector in Australia. The Act was passed in late 2010 and came into force on 1 October 2011. It replaced provisions regulating the THR sector in the
Transport (Compliance and Miscellaneous) Act 1983 The ''Transport (Compliance and Miscellaneous) Act 1983'' (the Act) is a prime statute regulating transport activities in the State of Victoria, Australia. Key areas regulated by the statute currently include taxi and hire car services and compl ...
. The Tourist and Heritage Railways Act is part of the transport
policy Policy is a deliberate system of guidelines to guide decisions and achieve rational outcomes. A policy is a statement of intent and is implemented as a procedure or protocol. Policies are generally adopted by a governance body within an orga ...
and
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
framework in
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
headed by the
Transport Integration Act The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the ''Transport Act 1983'', which was renam ...
.


Outline

The broad purpose of the 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 establishes a regulatory scheme with the following key elements: * development of an asset register for tourist and heritage assets including state-owned assets * provision for new lease agreements for the state rail assets used by tourist and heritage operators * creation of a voluntary registration scheme * establishment of a Tourist and Heritage Railways Registrar and advisory committee.


Industry background

The Tourist and Heritage Railways Act and the background to its development and passage was summarised by Ian Shepherd, Kate Williams and Jenny Gabriele in an article in the Railway Gazette International.Ian Shepherd, Kate Williams and Jenny Gabriele, Supporting Victoria's Railway Heritage, Railway Gazette International, May 2012, page 59. The authors noted that "With around 60 tourist and heritage railways or tramways, Australia has more lines per capita that Europe or the USA. A third of them are in Victoria, where Australia's railway preservation movement started with the formation of the Puffing Billy Preservation Society in 1955." The tourist and heritage railways sector in
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
today consists of organisations which operate, restore and preserve tourist and heritage
railways Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a pre ...
and
tram A tram (called a streetcar or trolley in North America) is a rail vehicle that travels on tramway tracks on public urban streets; some include segments on segregated right-of-way. The tramlines or networks operated as public transport are ...
ways. It is estimated that around 3,500 Victorians are actively involved in the industry.
Parliament of Victoria The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly an ...
,
Hansard ''Hansard'' is the traditional name of the transcripts of parliamentary debates in Britain and many Commonwealth countries. It is named after Thomas Curson Hansard (1776–1833), a London printer and publisher, who was the first official prin ...
, Legislative Assembly, 27 July 2010.
As of 1 January 2011 there were around 22 organisations across the State although only 17 are expected to be subject to the new statute. The THR
organisations An organization or organisation (Commonwealth English; see spelling differences), is an entity—such as a company, an institution, or an association—comprising one or more people and having a particular purpose. The word is derived from ...
operate in various locations across
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
, primarily in regional areas. The railways attract
tourism Tourism is travel for pleasure or business; also the theory and practice of touring, the business of attracting, accommodating, and entertaining tourists, and the business of operating tours. The World Tourism Organization defines tourism mor ...
and provide economic benefits to the regional areas where they operate with an estimated half a million people visiting the railways each year.


Parts

The Act is divided into seven parts: # Preliminary # Administration # Tourist and Heritage Rail Asset Register # Lease Agreements # Voluntary
Accreditation Accreditation is the independent, third-party evaluation of a conformity assessment body (such as certification body, inspection body or laboratory) against recognised standards, conveying formal demonstration of its impartiality and competence to ...
Scheme # General # Consequential Amendments and Savings


Coverage

The Act regulates the majority of the operational tourist and heritage railways in
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
. To be covered by the Act, a tourist and heritage railway operator must be a not for profit
organisation An organization or organisation (Commonwealth English; see spelling differences), is an entity—such as a company, an institution, or an association—comprising one or more people and having a particular purpose. The word is derived from ...
that provides historical and heritage-related rail services mostly for tourists and mostly in
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
. The following railways are covered by the Act: * Alexandra Timber and Tramway Museum *
Ballarat Tramway Museum The Ballarat Tramway Museum is an operating tramway museum, located in Ballarat, Victoria, Australia. The museum is run by volunteers and has a fleet of trams which operate on part of the original horse tramway around Lake Wendouree an ...
*
Bellarine Railway The Bellarine Railway, formerly the Bellarine Peninsula Railway, is a volunteer-operated steam-driven tourist railway located in Victoria, Australia. It operates on a 16 km section of a formerly disused branch line on the Bellarine Penin ...

Bendigo Tramways
*
Daylesford Spa Country Railway The Daylesford Spa Country Railway (which is operated by the Central Highlands Tourist Railway) is a volunteer-operated gauge tourist railway located in Victoria, Australia. It operates on a section of the closed and dismantled Daylesford line ...

Diesel Electric Railmotor Preservation Association of Victoria
* Melbourne Tramcar Preservation Society * Mornington Railway Preservation Society * Portland Cable Tram *
R707 Operations 707 Operations is a railway preservation group based in Melbourne, Australia. The volunteer organisation was established in 1980 to restore R class locomotive R707. The company has its own section of the Newport Workshops that is used for stori ...

Red Cliffs Steam Railway
*
Seymour Railway Heritage Centre The Seymour Railway Heritage Centre (SRHC) is a railway preservation group based in Seymour, Victoria, Australia. The volunteer non-profit incorporated association was established in 1983 as the Seymour Loco Steam Preservation Group to restore ...
*
South Gippsland Railway The South Gippsland Railway was a tourist railway located in South Gippsland, Victoria, Australia. It controlled a section of the former South Gippsland railway line between Nyora and Leongatha, and operated services from Leongatha to Nyora, ...
*
Steamrail Victoria Steamrail Victoria is a not-for-profit volunteer group established in 1965 to restore and operate historic locomotives and rolling stock used on the railways in Victoria, Australia. The main depot of the group is at the Newport Workshops ('Wes ...
*
Victorian Goldfields Railway The Victorian Goldfields Railway is a broad gauge tourist railway in Victoria, Australia. It operates along a formerly disused branch line between the towns of Maldon and Castlemaine. History The original line was opened on 16 June 1884, openin ...
*
Walhalla Goldfields Railway The Walhalla Goldfields Railway is a narrow gauge tourist railway located in the Thomson River and Stringers Creek valleys in Gippsland, Victoria, Australia, near the former gold-mining town and tourist destination of Walhalla. History ...
*
Yarra Valley Railway The Yarra Valley Railway is a heritage railway operating on a section of the former Healesville railway which operated between Lilydale and Healesville in the Yarra Valley area northeast of Melbourne, Australia. History The Lilydale-Melbo ...
. The Act does not apply to Victoria's most popular tourist and heritage railway, Puffing Billy. Instead, the Puffing Billy Railway is regulated by its own statute, th
Emerald Tourist Railway Act 1977
Th
Tourist and Heritage Railways Act
does also not extend to static rail exhibits such as th
Williamstown Rail Museum


Regulators

The prime regulator of the tourist and heritage railway sector in
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
is the
Director, Transport Safety The Director, Transport Safety, who operates as Transport Safety Victoria, is the independent Government agency responsible for bus and marine safety in the State of Victoria, Australia. The position was created as a statutory office by the '' ...
or Transport Safety Victoria (TSV). The prime regulators of the tourist and heritage railway sector in
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
are
VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the state of Victoria, Austr ...
and the
Public Transport Development Authority Public Transport Victoria (PTV) is the brand name for public transport in the Australian state of Victoria. It was the trading name of the Go Public Transport Development Authority (PTDA), a now-defunct statutory authority in Victoria, respon ...
(trading as Public Transport Victoria).
VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the state of Victoria, Austr ...
holds all State owned rail land, infrastructure and assets.
VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the state of Victoria, Austr ...
leases assets to tourist and heritage railway operators when they are not required for mainstream transport operations and therefore non operational. Public Transport Victoria provides general coordination and support to the THR sector and is a regulator under the Act.


VicTrack

VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the state of Victoria, Austr ...
is established under the
Transport Integration Act The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the ''Transport Act 1983'', which was renam ...
and is required under that Act to ". . . provide or enable access to the non-operational transport-related land, infrastructure or assets where this supports the transport system . . . ".
VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the state of Victoria, Austr ...
is charged with considering providing this access for a variety of reasons including for ". . . tourist and heritage rail operations . . ." and ". . . through the granting of leases for business or community purposes . . . ". As part of this function,
VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the state of Victoria, Austr ...
is required to collaborate with the Secretary of the Department of Transport, or more particularly Public Transport Victoria, in protecting land, infrastructure and
assets In financial accounting, an asset is any resource owned or controlled by a business or an economic entity. It is anything (tangible or intangible) that can be used to produce positive economic value. Assets represent value of ownership that can ...
which are registered on the Victorian Heritage Register.
VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the state of Victoria, Austr ...
must do this ". . . whilst ensuring that reasonable access is provided for public enjoyment and historical appreciation and that support is provided to tourist and heritage operators . . . ".


The Registrar

Part 2 of the Act provides that the
Director Director may refer to: Literature * ''Director'' (magazine), a British magazine * ''The Director'' (novel), a 1971 novel by Henry Denker * ''The Director'' (play), a 2000 play by Nancy Hasty Music * Director (band), an Irish rock band * ''D ...
must appoint a person to be the Tourist and Heritage Railway Registrar. The Registrar is the key administrator for the purposes of the Act. The function of the Registrar is to compile and maintain an
asset In financial accounting, an asset is any resource owned or controlled by a business or an economic entity. It is anything (tangible or intangible) that can be used to produce positive economic value. Assets represent value of ownership that can ...
register for the sector, a register of lease agreements granted by
VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the state of Victoria, Austr ...
and a group register for THR railway groups.


Advisory committee

The Act enables Public Transport Victoria to establish an advisory committee to provide advice to PTV on— * the voluntary registration scheme for T and H operators; and * other matters relating to the provision of historical and heritage related rail services. The number of members and the composition of the advisory committee is set out in regulations made under the Act.


Rail asset register

Part 3 of th
Tourist and Heritage Railways Act
provides for establishment and operation of a tourist and heritage rail asset register. The broad purpose of the Part is to gather and maintain accurate information about THR assets. The register is required to be established by Public Transport Victoria and divided into three divisions listing assets owned by the State, assets owned by custodians and assets owned by persons other than the State or the custodian which the owner has elected to include on the register. The remainder of the provisions regulate the information to be included in the register, the form of the register and access, currency and accuracy of information, inspection of assets and the relationship of the register to the separate Victorian Heritage Register established under th
Heritage Act 1995


Lease agreements

Part 4 of th
Act
sets out a scheme to facilitate the leasing of land and assets by
VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the state of Victoria, Austr ...
for tourist and heritage railways purposes. Th
Act
provides power for
VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the state of Victoria, Austr ...
to grant
leases A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...
of land which must include a range of matters including a description of the land and fixtures, the term of the lease, the amount of rent (if payable), maintenance and
insurance Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge ...
arrangements, subleasing rights or restrictions, reclamation rights and other matters. Similar provision is made for the leasing of assets and these also require the lease to include certain minimum terms. The Part also imposes a duty on
VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the state of Victoria, Austr ...
to provide copies of
leases A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...
to the Registrar who must keep a register of the agreements and details about duration and renewal.


Voluntary accreditation scheme

Part 5 of th
Act
provides for a voluntary
accreditation Accreditation is the independent, third-party evaluation of a conformity assessment body (such as certification body, inspection body or laboratory) against recognised standards, conveying formal demonstration of its impartiality and competence to ...
scheme for tourist and heritage railway operators. Public Transport Victoria is required to establish the scheme and a register known as the Tourist and Heritage Railway Group Register. The purpose of the scheme is to enable operators which meet certain criteria to register in order to demonstrate their commitment to best business practice and continuous improvement and to access programs and initiatives made available under the scheme. The other provisions in the Part regulate the matters to be recorded in the register, applications for registration, registration itself, changes of details, removal from the register and rights of review to the
Victorian Civil and Administrative Tribunal The Victorian Civil and Administrative Tribunal (VCAT) was formed by the ''Victorian Civil and Administrative Tribunal Act'' 1998 in the state of Victoria, Australia. As part of the Victorian Justice system the Tribunal sits 'below' the Magistrat ...
concerning decisions made by the Registrar.


Other notable provisions

Th
Act
contains two general provisions in Part 6. The first provision confirms that THR operators are not required to fence
railways Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a pre ...
or contribute to fencing costs and that operators are not liable for any damage which may be caused by the railway not being fenced. The remaining and final provision in th
Act
confers power on the
Governor in Council The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of a ...
to make regulations to support th
Act
including in relation to the asset register, criteria for registration on the group register, fees for registration, safety in connection with TH railways, powers of THR operators, conduct requirements, trespassing and interference with equipment, fixtures and other things.


Development

The development of the proposal for th
Tourist and Heritage Railways Act
was managed by the
Department of Transport The Department for Transport (DfT) is a department of His Majesty's Government responsible for the English transport network and a limited number of transport matters in Scotland, Wales and Northern Ireland that have not been devolved. The d ...
in Victoria as part of its
Transport Legislation Review The Transport Legislation Review is a policy and legislation review project conducted by the Department of Transport in the State of Victoria, Australia between 2004 and late 2010. The aim of the project was review of transport policy and laws a ...
project. The Department commenced the process by holding an inter Government agency workshop in June 2008 followed by workshops with the THR sector in August of that year. This was followed by a period of research and policy development leading into further workshops and target consultation with the industry in April 2010 where new regulatory concepts were outlined in detail. Ultimately, the proposal for a new regulatory scheme for the tourist and heritage railways sector was presented to the
Victorian Parliament The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly and ...
as proposed
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
in late July 2010.


Parliamentary approval


Introduction

Th
Tourist and Heritage Railways Act
was introduced into the upper house of the
Victorian Parliament The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly and ...
, the Legislative Council, as the Tourist and Heritage Railways Bill 2010. The responsible Minister for the proposal was the Minister for Public Transport, the Hon Martin Pakula MLC. The Hon Justin Madden MLC, the Minister for Planning, moved the second reading of the
Bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...
on 27 July 2010 on behalf of the Public Transport Minister.


Second reading speech

The Minister set the context for the Bill in his second
reading Reading is the process of taking in the sense or meaning of letters, symbols, etc., especially by sight or touch. For educators and researchers, reading is a multifaceted process involving such areas as word recognition, orthography (spelling ...
speech in support of the Bill as follows: ::"The Bill is aligned to the Transport Integration Act's new vision and shared objectives for transport in
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
. This vision is one of an integrated and sustainable transport system. A sustainable transport system works to secure ongoing economic, social and environmental benefits for the state. It must promote social outcomes and economic prosperity. The transport system should also support the health and wellbeing of individuals and communities. ::The tourist and heritage railway sector makes vital and significant contributions in these areas. Victoria's tourist and heritage railways positively contribute to community spirit and conserve Victoria's
heritage Heritage may refer to: History and society * A heritage asset is a preexisting thing of value today ** Cultural heritage is created by humans ** Natural heritage is not * Heritage language Biology * Heredity, biological inheritance of physica ...
for future generations. The groups provide a foundation for local and regional community involvement and make major contributions, both directly and indirectly, to community wellbeing. The railways also attract local, regional and
international tourism International tourism is tourism that crosses national borders. Globalisation has made tourism a popular global leisure activity. The World Tourism Organization defines tourists as people "traveling to and staying in places outside their usual en ...
, benefiting local business and employment. ::The Bill renews and modernises
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
applying to the tourist and heritage rail sector to ensure the sector is equipped to make these social and economic contributions both now and in the future. The groups that comprise the sector are diverse, but all groups within the scope of this Bill share common characteristics. They are active rail operators with strong heritage objectives, and they attract patronage from tourists and visitors. Indeed, tourist and heritage railways attract more than half a million visitors each year, bringing clear
economic An economy is an area of the production, distribution and trade, as well as consumption of goods and services. In general, it is defined as a social domain that emphasize the practices, discourses, and material expressions associated with the ...
value to the State. Their operations run under not-for-profit organisational structures and revenue from visitors is of primary importance. Typically, the groups draw heavily on
volunteers Volunteering is a voluntary act of an individual or group freely giving time and labor for community service. Many volunteers are specifically trained in the areas they work, such as medicine, education, or emergency rescue. Others serve ...
. They also rely on
donations A donation is a gift for charity, humanitarian aid, or to benefit a cause. A donation may take various forms, including money, alms, services, or goods such as clothing, toys, food, or vehicles. A donation may satisfy medical needs such as b ...
, Government grants and external funding for capital projects as well as for day-to-day activities. ::Tourist and heritage rail operators keenly restore, preserve and operate heritage and other unique types of trains and trams. Approximately 3500 people are actively engaged in operational rail and tram preservation activities in
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
—as employees, as members and as volunteers. The sector's story, collectively, is one of success. Victorians can be justly proud of their tourist and heritage railways and the social, economic and cultural benefits they bring to the State. ::"This Bill supports these important not-for-profit groups to promote their ongoing viability. Entities that operate historical or heritage-related rail and
tram A tram (called a streetcar or trolley in North America) is a rail vehicle that travels on tramway tracks on public urban streets; some include segments on segregated right-of-way. The tramlines or networks operated as public transport are ...
services primarily as a
tourist Tourism is travel for pleasure or business; also the theory and practice of touring (disambiguation), touring, the business of attracting, accommodating, and entertaining tourists, and the business of operating tour (disambiguation), tours. Th ...
activity are given new settings under the Bill. This includes better arrangements relating to land and
asset In financial accounting, an asset is any resource owned or controlled by a business or an economic entity. It is anything (tangible or intangible) that can be used to produce positive economic value. Assets represent value of ownership that can ...
use, and access to a voluntary registration scheme that will promote improved performance and business practices.".


Debate and passage

The Tourist and Heritage Railways Bill was strongly supported by the
Opposition Opposition may refer to: Arts and media * ''Opposition'' (Altars EP), 2011 EP by Christian metalcore band Altars * The Opposition (band), a London post-punk band * '' The Opposition with Jordan Klepper'', a late-night television series on Com ...
parties and other members during its passage through the
Victorian Parliament The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly and ...
.


Upper house

The lead Liberal Party speaker in the first house of passage the Legislative Council, David Koch MLC, observed that— ::This is a common-sense Bill that corrects and ties up many loose ends for these small rail operations, which will now have their own advisory group and great support from the
Department of Transport The Department for Transport (DfT) is a department of His Majesty's Government responsible for the English transport network and a limited number of transport matters in Scotland, Wales and Northern Ireland that have not been devolved. The d ...
in undertaking what I think is seen collectively as an important part of the tourism industry and of preserving our history. The Bill was passed by the Legislative Council on 12 August 2010 after a short debate and introduced into the lower house, the Legislative Assembly, on the same day.


Lower house

Support from the Opposition parties for the Bill was equally strong in the Legislative Assembly. The lead speaker in the Legislative Assembly, the then Shadow Transport Minister and now the Minister for Public Transport in the
Victorian Government The Victoria State Government, also referred to as just the Victorian Government, is the state-level authority for Victoria, Australia. Like all state governments, it is formed by three independent branches: the executive, the judicial, and th ...
, Terry Mulder MP, commented that— ::"The Bill comes about as a result of the tourist and heritage
railway Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a pre ...
operators, the manner in which their organisations were functioning and the fact that they were looking for a significant level of support in terms of viability and ongoing operation for their visitors. They provide a great
tourist attraction A tourist attraction is a place of interest that tourists visit, typically for its inherent or an exhibited natural or cultural value, historical significance, natural or built beauty, offering leisure and amusement. Types Places of natural ...
here in
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
in promoting the heritage of our
railway Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a pre ...
networks, and it is commendable that the Government has picked up this issue and decided to throw its support behind these organisations, many of which are run by volunteers and people who are absolutely passionate about
trains In rail transport, a train (from Old French , from Latin , "to pull, to draw") is a series of connected vehicles that run along a railway track and transport people or freight. Trains are typically pulled or pushed by locomotives (often know ...
and particularly passionate about some of the older trains that were on the tracks hauling
passengers A passenger (also abbreviated as pax) is a person who travels in a vehicle, but does not bear any responsibility for the tasks required for that vehicle to arrive at its destination or otherwise operate the vehicle, and is not a steward. Th ...
on our
railway Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a pre ...
network in the very early years. ::The level of support for this Bill—and I have emails of support from a couple of the operators—indicates to me that the negotiations the operators have had with the government have been conducted in a pretty fine spirit . . .".


Passage, assent and commencement

After several procedural delays, the Tourist and Heritage Railways Bill was ultimately passed by the
Victorian Parliament The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly and ...
on 7 October 2010. The Bill received the
Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
on 19 October 2010 to become th
Tourist and Heritage Railways Act 2010


Regulations

Th
Tourist and Heritage Railways Act
was proclaimed to commence on 1 October 2011. The Tourist and Heritage Railways Regulations 2011 were made to support the operation of th
Act
after being developed by the
Department of Transport The Department for Transport (DfT) is a department of His Majesty's Government responsible for the English transport network and a limited number of transport matters in Scotland, Wales and Northern Ireland that have not been devolved. The d ...
and commenced on the same day. They were released for public comment and then approved by the Minister and presented to the Governor in Council for making and commencement.


Safety regulation


Legislation

The safety compliance of most
rail transport in Victoria Rail transport in the Australian state of Victoria is provided by a number of railway operators who operate over the government-owned railway lines. The network consists of 2,357 km of Victorian broad gauge () lines, and 1,912 km of standard ...
is regulated under the Rail Safety Act 2006. The main
railways Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a pre ...
regulated include the Melbourne heavy rail system, the Melbourne tram and light rail network, Victoria's regional standard and broad gauge rail networks and regional tourist and heritage railways. Operators are subject to safety duties, a requirement to be
accredited Accreditation is the independent, third-party evaluation of a conformity assessment body (such as certification body, inspection body or laboratory) against recognised standards, conveying formal demonstration of its impartiality and competence to ...
and a range of compliance sanctions. Railways excluded from coverage under the Act include railways in mines, amusement and theme park railways and
slipway A slipway, also known as boat ramp or launch or boat deployer, is a ramp on the shore by which ships or boats can be moved to and from the water. They are used for building and repairing ships and boats, and for launching and retrieving small ...
s.


Regulator

The safety regulator for the application and enforcement of the Rail Safety Act 2006 and therefore the oversight of the safety performance of the tourist and heritage rail sector in
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
is the
Director, Transport Safety The Director, Transport Safety, who operates as Transport Safety Victoria, is the independent Government agency responsible for bus and marine safety in the State of Victoria, Australia. The position was created as a statutory office by the '' ...
. The Director operates under the trading name,
Transport Safety Victoria The Director, Transport Safety, who operates as Transport Safety Victoria, is the independent Government agency responsible for bus and marine safety in the State of Victoria, Australia. The position was created as a statutory office by the '' ...
. The office of the Director is established under the
Transport Integration Act 2010 The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the ''Transport Act 1983'', which was renam ...
and is independent of the
Department of Transport The Department for Transport (DfT) is a department of His Majesty's Government responsible for the English transport network and a limited number of transport matters in Scotland, Wales and Northern Ireland that have not been devolved. The d ...
and responsible Ministers except in limited circumstances.
Transport Integration Act 2010 The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the ''Transport Act 1983'', which was renam ...
, section 191 (the Minister may compel the Director to investigate a particular matter) and 193(2).


See also

*
Rail transport in Victoria Rail transport in the Australian state of Victoria is provided by a number of railway operators who operate over the government-owned railway lines. The network consists of 2,357 km of Victorian broad gauge () lines, and 1,912 km of standard ...
*
Heritage railways A heritage railway or heritage railroad (US usage) is a railway operated as living history to re-create or preserve railway scenes of the past. Heritage railways are often old railway lines preserved in a state depicting a period (or periods) i ...
*
Railways in Melbourne The Melbourne rail network is a passenger and freight train system in the city of Melbourne, Victoria, Australia. The metropolitan passenger rail network is centred on the Melbourne CBD and consists of 222 stations across 16 lines, which ser ...
*
Trams in Melbourne Trams are a major form of public transport in Melbourne, the capital city of the state of Victoria, Australia. As of May 2017, the Melbourne tramway network consists of of double track, 493 trams, 24 routes, and 1,763 tram stops. The system ...
*
Transport Legislation Review The Transport Legislation Review is a policy and legislation review project conducted by the Department of Transport in the State of Victoria, Australia between 2004 and late 2010. The aim of the project was review of transport policy and laws a ...
*
Transport Integration Act The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the ''Transport Act 1983'', which was renam ...
*
Director of Public Transport The Director of Public Transport (also referred to as the Director, or the DPT) was the head of the Public Transport Division (PTD) of the Victorian Department of Transport. PTD was the government agency responsible for promoting, providing, ...
*
Public Transport Development Authority Public Transport Victoria (PTV) is the brand name for public transport in the Australian state of Victoria. It was the trading name of the Go Public Transport Development Authority (PTDA), a now-defunct statutory authority in Victoria, respon ...
*
Director, Transport Safety The Director, Transport Safety, who operates as Transport Safety Victoria, is the independent Government agency responsible for bus and marine safety in the State of Victoria, Australia. The position was created as a statutory office by the '' ...
*
Director, Public Transport Safety The Director, Public Transport Safety (the Safety Director) was the independent Government agency responsible for rail and bus safety in the State of Victoria, Australia, between 1 August 2006 and 30 June 2010. The position was created as a st ...
*
VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the state of Victoria, Austr ...
*
Safety Safety is the state of being "safe", the condition of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings There are two slightly dif ...


References


External links


Department of Transport

Transport Safety Victoria
{{DEFAULTSORT:Rail Transport In Victoria * Victoria (Australia) legislation Rail transport preservation in Australia
Tourist and Heritage Railways Act The Tourist and Heritage Railways Act 2010 (the THR Act) is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the activities of tourist and heritage rail operators in the State. The A ...
2010 in Australian law 2010s in Victoria (Australia) History of rail transport in Australia 2010 in rail transport Transport legislation