Transport Integration Act 2010
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The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of the State of Victoria,
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
. The Act is the prime transport
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
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 ...
, having replaced major parts of the ''
Transport Act 1983 The Transport Act 1983 (the Act) was the main statute establishing government transport organisations and regulating land transport activities in the State of Victoria, Australia for 27 years from mid-1983 to mid-2010. The Act was used as the veh ...
'', which was renamed as 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 purpose of the Transport Integration Act is to "...create a new framework for the provision of an integrated and sustainable transport system in Victoria...". The Act broadly seeks to unify all elements of the Victorian transport portfolio to ensure that transport and land use agencies work together towards the common goal of an integrated and sustainable transport system. In essence, the Transport Integration Act sets out the policy framework for transport in Victoria and establishes and sets the charters of the key agencies who make decisions which affect the planning and operation of the State's transport system. One commentator has opined that "(T)he Act is a leading example of modern and progressive principles-based legislation. It marked a fundamental shift away from detailed, prescriptive rules to higher level guidance and more flexible outcomes." The Transport Integration Act is administered by the Minister for Public Transport, the Hon Jacinta Allan MLA, and the Minister for Ports and Minister for Roads, the Hon Luke Donnellan MLA. The policy area of the Act contains a vision, objectives and principles for the transport system 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 ...
, making it clear that the transport system needs to be integrated and sustainable - in economic terms, in environmental terms and in social terms. The Act therefore establishes transport in Victoria as a
triple bottom line The triple bottom line (or otherwise noted as TBL or 3BL) is an accounting framework with three parts: social, environmental (or ecological) and economic. Some organizations have adopted the TBL framework to evaluate their performance in a broader ...
issue. The Act also consolidates and establishes most of the transport agencies in Victoria and applies its policy framework to those agencies and other non transport interface agencies whose planning and land use activities can have significant effects on the transport system.


Planning

While comprehensive coverage of transport portfolio matters can be expected of a transport statute the most radical feature of the Transport Integration Act may be its reach into planning activities which are not administrated by transport agencies but which nonetheless can have a major impact on the transport system. Withington observed that "(F) for the first time, the scope of the State's principal transport statute reaches beyond transport agencies to include "interface bodies" such as planning authorities and land managers". The Act also requires the development of a transport plan for Victoria and requires that the plan be periodically revised. It also requires transport agencies regulated by the Act to prepare corporate plans and to coordinate them with the central
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 other affected transport agencies.


Effects

Withington observed that "(T) the Act is designed to encourage people to think - in a structured way - about the impacts of their decisions on the transport system. It is detailed enough to provide clear direction, but also flexible enough to accommodate agencies' different roles and responsibilities and a wide range of different circumstances".


Parts

The Transport Integration Act is divided into eight parts - # Preliminary # Vision statement, Objectives, Principles and Statements of Policy Principles # Administration (Ministers, Department of Transport, the Secretary, the Transport Infrastructure Development Agent) # Planning (Transport plan, Corporate plans) # Transport System Agencies (
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 ...
, Roads Corporation,
Taxi Services Commission Commercial Passenger Vehicles Victoria (CPVV), until 2 June 2018 called the Taxi Services Commission (TSC), is the Government agency responsible for the regulation of the taxi and hire car industries in the State of Victoria, Australia. Befor ...
) # Transport Corporations ( Victorian Rail Track, V/Line Corporation, Linking Melbourne Authority,
Port of Melbourne Corporation The Port of Melbourne Corporation (PoMC) is a statutory body established by the Victorian Government to develop and manage the Port of Melbourne, Australia's busiest container port. The Corporation commenced operations on 1 July 2003, when it t ...
, Port of Hastings Development Authority, Victorian Regional Channels Authority) # Transport Safety Agencies (
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 '' ...
and Chief Investigator, Transport Safety) # General


Coverage

The coverage of the Act is broad and extends to all State-controlled transport activities including most land and water-based transport and some air transport activities.


Transport system activities

The Act applies to most State transport agencies and their activities through its coverage of Victoria's "transport system". Accordingly, it applies to things such as - * heavy and light rail systems including
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
trams 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 ...
*
roads A road is a linear way for the conveyance of traffic that mostly has an improved surface for use by vehicles (motorized and non-motorized) and pedestrians. Unlike streets, the main function of roads is transportation. There are many types of ...
and
vehicles A vehicle (from la, vehiculum) is a machine that transports people or cargo. Vehicles include wagons, bicycles, motor vehicles (motorcycles, cars, trucks, buses, mobility scooters for disabled people), railed vehicles (trains, trams), wate ...
including
cars A car or automobile is a motor vehicle with wheels. Most definitions of ''cars'' say that they run primarily on roads, seat one to eight people, have four wheels, and mainly transport people instead of goods. The year 1886 is regarded as t ...
,
truck A truck or lorry is a motor vehicle designed to transport cargo, carry specialized payloads, or perform other utilitarian work. Trucks vary greatly in size, power, and configuration, but the vast majority feature body-on-frame construction ...
s and
bicycles A bicycle, also called a pedal cycle, bike or cycle, is a human-powered or motor-powered assisted, pedal-driven, single-track vehicle, having two wheels attached to a frame, one behind the other. A is called a cyclist, or bicyclist. Bic ...
*
port A port is a maritime facility comprising one or more wharves or loading areas, where ships load and discharge cargo and passengers. Although usually situated on a sea coast or estuary, ports can also be found far inland, such as Ham ...
s and waterways including commercial
ships A ship is a large watercraft that travels the world's oceans and other sufficiently deep waterways, carrying cargo or passengers, or in support of specialized missions, such as defense, research, and fishing. Ships are generally distinguished ...
and recreational vessels * air transport systems "Transport system" is defined widely to include not only system infrastructure and conveyances, but also such things as - * communication systems and other technologies * strategic, business and operational plans * schedules, timetables and ticketing systems * labour components * service components. The Act's coverage of the transport system is therefore extensive. This occurs because "(T) the (Act) recognises that a 21st century transport system should be conceived and planned as a single system performing multiple tasks rather than separate transport modes.


Land use and other activities affecting transport

The Transport Integration Act also seeks to integrate land use and transport planning and decision-making by extending the framework to land use agencies whose decisions can have significant impact on transport. Accordingly, the Act can apply to the activities of a range of
planning Planning is the process of thinking regarding the activities required to achieve a desired goal. Planning is based on foresight, the fundamental capacity for mental time travel. The evolution of forethought, the capacity to think ahead, is consi ...
,
land use Land use involves the management and modification of natural environment or wilderness into built environment such as settlements and semi-natural habitats such as arable fields, pastures, and managed woods. Land use by humans has a long h ...
and other agencies. Generally, the Transport Integration Act "...provides that planning authorities must have regard to the policy framework when preparing a Planning Scheme Amendment...which is 'likely to have a significant impact on the planning system' ".


Overarching status of Act

The Transport Integration Act has an overarching status in the hierarchy of Victoria's transport
legislation Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ...
. All other Victorian transport laws, including those relating to particular aspects of the regulation of
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 ...
,
trams 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 ...
,
roads A road is a linear way for the conveyance of traffic that mostly has an improved surface for use by vehicles (motorized and non-motorized) and pedestrians. Unlike streets, the main function of roads is transportation. There are many types of ...
,
port A port is a maritime facility comprising one or more wharves or loading areas, where ships load and discharge cargo and passengers. Although usually situated on a sea coast or estuary, ports can also be found far inland, such as Ham ...
s, transport projects and
safety Safety is the state of being "safe", the condition of being protected from harm or other danger. Safety can also refer to risk management, the control of recognized hazards in order to achieve an acceptable level of risk. Meanings There are ...
, are identified as "transport legislation" under the Act and are therefore captured by the framework and are subordinate to it. The Act also sits above "interface legislation" in its application to interface bodies. That is, the Act captures the enabling legislation which creates and empowers the non transport agencies who have a significant impact on the transport system and requires those agencies to have regard to the key policy elements in the Act needed to guide sound transport and land use planning.


Affected agencies


Transport agencies

The transport decision makers and agencies established and empowered by the Transport Integration Act include - * Ministers (currently the Minister for Public Transport, the Minister for Roads and the Minister for Ports) * the Secretary of the Department of Transport * the Department of Transport * the Transport Infrastructure Development Agent * the
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, ...
* 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 ...
* the
Taxi Services Commission Commercial Passenger Vehicles Victoria (CPVV), until 2 June 2018 called the Taxi Services Commission (TSC), is the Government agency responsible for the regulation of the taxi and hire car industries in the State of Victoria, Australia. Befor ...
(initially conducting the
Taxi Industry Inquiry The Taxi Industry Inquiry or the Fels Inquiry was an inquiry commissioned in 2011 into the taxi industry and taxi services in Victoria, Australia, by the Taxi Services Commission. The inquiry was headed by Professor Allan Fels assisted by Dr Da ...
) * the Roads Corporation (
VicRoads VicRoads is a government joint venture in the state of Victoria, Australia. In the state, it is responsible for driver licensing and vehicle registration. It is owned and operated through a joint venture between the Victorian government and a c ...
) * Victorian Rail Track (
VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Government of Victoria, Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the ...
) * V/Line Corporation * the Linking Melbourne Authority * the
Port of Melbourne Corporation The Port of Melbourne Corporation (PoMC) is a statutory body established by the Victorian Government to develop and manage the Port of Melbourne, Australia's busiest container port. The Corporation commenced operations on 1 July 2003, when it t ...
* the
Port of Hastings Development Authority The Port of Hastings Development Authority is an authority of the Government of Victoria, Australia. The authority is responsible for the development and management of the port of Hastings located in Western Port Bay approximately 72 kilometres ...
* the Victorian Regional Channels Authority * 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 Chief Investigator, Transport Safety * the Regional Rail Link Authority The Act requires Victorian transport agencies - including the
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, ...
, 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 ...
,
VicRoads VicRoads is a government joint venture in the state of Victoria, Australia. In the state, it is responsible for driver licensing and vehicle registration. It is owned and operated through a joint venture between the Victorian government and a c ...
, the Port of Melbourne Corporation,
VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Government of Victoria, Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the ...
,
V/Line V/Line is a statutory authority that operates regional passenger train and coach services in Victoria, Australia. It provides passenger train services on five commuter lines and eight long-distance routes from its major hub at Southern Cross ...
and the Linking Melbourne Authority – to work collaboratively towards the common goal of an integrated and
sustainable transport Sustainable transport refers to ways of transportation that are sustainable in terms of their social and environmental impacts. Components for evaluating sustainability include the particular vehicles used for road, water or air transport; th ...
system.


Private transport operators

The Act does not apply directly to the private entities contracted to provide metropolitan
passenger rail 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 prep ...
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 in Victoria, nor does it apply to metropolitan and regional
bus A bus (contracted from omnibus, with variants multibus, motorbus, autobus, etc.) is a road vehicle that carries significantly more passengers than an average car or van. It is most commonly used in public transport, but is also in use for cha ...
operators. However, State transport agencies must have regard to the framework under the Act when exercising statutory functions in relation to these private transport operators (including contract management).


Interface agencies

The interface decision makers and agencies affected by the Transport Integration Act include - * relevant Victorian Government Ministers including the Minister for Planning * the Department of Planning and Community Development * the Growth Areas Authority * the Department of Sustainability and Environment *
Parks Victoria Parks Victoria is a government agency of the state of Victoria, Australia. Parks Victoria was established in December 1996 as a statutory authority, reporting to the Victorian Minister for Environment and Climate Change. The ''Parks Victoria Ac ...
* Major Projects Victoria *
Places Victoria Places Victoria, was the Victorian Government's property development agency delivering urban renewal. Based in Melbourne, Australia, Places Victoria developed surplus government land. In April 2017, Places Victoria combined with Major Projects ...
, formerly VicUrban * municipal councils The Act requires that the interface agencies, including
land use Land use involves the management and modification of natural environment or wilderness into built environment such as settlements and semi-natural habitats such as arable fields, pastures, and managed woods. Land use by humans has a long h ...
agencies, take account of the new Act and its policy directions when making decisions that are likely to have a significant impact on the
transport system A transport network, or transportation network, is a network or graph in geographic space, describing an infrastructure that permits and constrains movement or flow. Examples include but are not limited to road networks, railways, air routes, ...
. Importantly, the Transport Integration Act also supports and assists the development, implementation and updating of a transport plan for the State.


Policy framework


General

The centrepiece of the Transport Integration Act is the high level policy framework contained in Part 2. The key features of the policy framework are a vision for the
transport system A transport network, or transportation network, is a network or graph in geographic space, describing an infrastructure that permits and constrains movement or flow. Examples include but are not limited to road networks, railways, air routes, ...
, six transport system objectives and seven decision making principles. The core of the policy framework is drawn from the principles of
sustainability Specific definitions of sustainability are difficult to agree on and have varied in the literature and over time. The concept of sustainability can be used to guide decisions at the global, national, and individual levels (e.g. sustainable livi ...
as applied to the transport sector. The framework recognises that transport is part of a broader policy
goal A goal is an idea of the future or desired result that a person or a group of people envision, plan and commit to achieve. People endeavour to reach goals within a finite time by setting deadlines. A goal is roughly similar to a purpose or ai ...
of achieving
sustainable development Sustainable development is an organizing principle for meeting human development goals while also sustaining the ability of natural systems to provide the natural resources and ecosystem services on which the economy and society depend. The des ...
, both locally and globally.


Sustainability

In general, the policy framework in the Act adopts the core principles of sustainable development or sustainability and translates that policy into a contemporary and enforceable legislative form in a transport context.


Transport system objectives


Overview

The transport system objectives in the Transport Integration Act cover the following matters - * social and economic inclusion * economic prosperity *
environmental sustainability Specific definitions of sustainability are difficult to agree on and have varied in the literature and over time. The concept of sustainability can be used to guide decisions at the global, national, and individual levels (e.g. sustainable livi ...
* integration of transport and land use * efficiency, coordination and reliability *
safety Safety is the state of being "safe", the condition of being protected from harm or other danger. Safety can also refer to risk management, the control of recognized hazards in order to achieve an acceptable level of risk. Meanings There are ...
and health and wellbeing. The objectives therefore draw heavily on the key sustainability concepts described above. Agencies must have regard to the objectives when they make decisions or exercise functions which are sourced back to the authority of the Act.


The need for objectives

The objectives essentially describe the outcomes sought to be achieved by the scheme. The need for clear and consistent objectives in policy and legislation settings for transport in Victoria was recognised by both 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 ...
and the Victorian Competition and Efficiency Commission (VCEC), the latter as part of its final report on managing transport congestion in Victoria. VCEC observed that - ::"The government’s congestion policy priorities need to be supported by clear legislative objectives. If the legislation covering organisations charged with delivering the government’s priorities does not reinforce its policy goals, agencies’ authority to deliver on those goals can be undermined. This is true for most transport policy areas, but particularly so for congestion where the legislation must support a coordinated approach across many agencies if congestion is to be effectively addressed." VCEC commented on the failure of the previous central Victorian Government transport statute, the
Transport Act 1983 The Transport Act 1983 (the Act) was the main statute establishing government transport organisations and regulating land transport activities in the State of Victoria, Australia for 27 years from mid-1983 to mid-2010. The Act was used as the veh ...
, to set out clear objectives for the transport system and transport agencies: "...the Act does not include a statement of its purpose or objectives to guide interpretation and decision making. Notwithstanding the absence of express objectives in the Transport Act, this and other Acts state the legislative objectives and functions for the key government agencies involved in transport policy development and service delivery." VCEC went on to recommend the development of clear and coordinated objectives to apply across the transport portfolio: "(H) having appropriate high level objectives that ‘cascade’ down into related objectives for each agency is a prerequisite for achieving the government’s desired outcomes for the transport sector. Such objectives can encourage agencies to work consistently to achieve these outcomes, and reduce the risk of inconsistent behaviour."


Decision making principles


Overview

The decision making principles in the Transport Integration Act cover the following matters - * integrated decision making *
triple bottom line The triple bottom line (or otherwise noted as TBL or 3BL) is an accounting framework with three parts: social, environmental (or ecological) and economic. Some organizations have adopted the TBL framework to evaluate their performance in a broader ...
assessment * equity * transport system user perspective *
precautionary principle The precautionary principle (or precautionary approach) is a broad epistemological, philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on the matter is lacking. It emphasizes caut ...
*
stakeholder engagement Stakeholder engagement is the process by which an organization involves people who may be affected by the decisions it makes or can influence the implementation of its decisions. They may support or oppose the decisions, be influential in the orga ...
and community participation * transparency.


Purpose

The decision making principles essentially describe the process elements which must be taken into account by agencies in pursuing the objectives of the scheme and ultimately, the vision for the transport system. For example, a transport decision which has impacts across all tiers of government - local, State and national - should have regard to an integrated decision making process where due regard is had for effects across all three tiers rather than concentrating on only one or two tiers.


Applying the framework

In broad terms, transport agencies and interface agencies caught by the Act must have regard to the objectives and principles when exercising their powers and performing their functions. The framework recognises that many transport system decisions involve competing interests and that decisions are unlikely in many cases to satisfy all parties. This is inherent in the listing of a series of objectives and principles which involve deliberate overlap and tension and which can require careful thought to reconcile. As a result, the Act merely requires that agencies "have regard" to the matters - that is actively consider them - and does not attempt to prescribe particular outcomes in individual cases. In addition, the framework specifically provides that the weight to be given to each objective and principle in the Act is not prescribed by the scheme itself and instead is ultimately a matter to be determined by the relevant agency which is responsible for the decision.


Effect of the framework

The vision statement in the Act is drawn on in the purpose of the Transport Integration Act. The vision statement and transport system objectives are also relevant to the charters and therefore the legal powers of each transport agency established under the Act. Each transport agency is required to pursue its statutory object consistent with the vision and the objectives. By way of example, if a transport agency is considering establishing a new transport service such as a rail line or bus line and procuring new rolling stock or buses, it must explicitly turn its mind to the matters in Part 2 of the Act as early as the planning stages of such a project. Planning agencies have the same obligations. Adherence to the Act can generally be pursued through
administrative law Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are gener ...
avenues including merits review in some cases. However, the Act does not create a civil cause of action.


Development of the Act

The underlying
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 organ ...
for the Transport Integration Act was in development for some years before it 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 a
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 ...
for scrutiny, debate and passage.


Process

In 2007, after several years work 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 ...
released a
discussion paper In the United Kingdom, the Commonwealth of Nations, Commonwealth countries, Hong Kong, the United States and the European Union, a green paper is a tentative government report and consultation document of policy proposals for debate and discussion ...
outlining a policy proposal for a new Transport Integration Bill for Victoria. An extensive stakeholder consultation process followed throughout
Melbourne Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a met ...
and regional
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 ''Transport Legislation Review: Stakeholder Feedback Summary'' aimed to reflect the key views held by stakeholders. Released in 2008, it drew on formal submissions as comments made at workshops, forums and briefings during the community engagement program. The two-year stakeholder and community consultation process informed the development 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 ...
proposal, culminating in the release in July 2009 of the Policy Statement ''Towards an integrated and sustainable transport future: a new legislative framework for transport in Victoria''.


Principles-based approach

The policy areas of the Transport Integration Act provide an example of principles-based legislation. This type of legislation relies on broad principles to articulate the outcomes to be achieved by the regulated entities. The Australian Law Reform Commission has described this approach in the following terms - ::"Principles-based regulation can be distinguished from rules-based regulation in that it does not necessarily prescribe detailed steps that must be complied with, but rather sets an overall objective that must be achieved. In this way, principles-based regulation seeks to provide an overarching framework that guides and assists regulated entities to develop an appreciation of the core goals of the regulatory scheme. A key advantage of principles-based regulation is its facilitation of regulatory flexibility through the statement of general principles that can be applied to new and changing situations."


Parliamentary approval


Transport Integration Bill

The Act originated as the Transport Integration Bill. The Bill was introduced into the
lower house A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
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 Assembly) on 8 December 2009 by the Hon
Lynne Kosky Lynne Janice Kosky (2 September 1958 – 4 December 2014) was an Australian politician and senior minister in the Government of Victoria. She represented the electoral district of Altona in the Victorian Legislative Assembly for the Labor Part ...
MP, the then Minister for Public Transport.
Second reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
for 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 ...
was moved on 10 December 2009. 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 ...
was eventually debated and passed by the Legislative Assembly without opposition on 4 February 2010. 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 ...
was introduced immediately into the
upper house An upper house is one of two Debate chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smalle ...
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) and
second reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
moved on the same day by the Hon
Martin Pakula Martin Philip Pakula (born 7 January 1969) is a former Australian politician. He has been a Labor Party member of the Parliament of Victoria since 2006: in the Legislative Council for Western Metropolitan Region from 2006 to 2010, and then in ...
MLC who had succeeded
Lynne Kosky Lynne Janice Kosky (2 September 1958 – 4 December 2014) was an Australian politician and senior minister in the Government of Victoria. She represented the electoral district of Altona in the Victorian Legislative Assembly for the Labor Part ...
as Minister for Public Transport in the period since the Bill's introduction. The Transport Integration Bill was ultimately passed without opposition by the Legislative Council on 23 February 2010. 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 ...
then 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 other ...
to become an Act on 2 March 2010. The Transport Integration Act was subsequently proclaimed to commence on 1 July 2010.


Ports Integration Bill

The "port corporations", the
Port of Melbourne Corporation The Port of Melbourne Corporation (PoMC) is a statutory body established by the Victorian Government to develop and manage the Port of Melbourne, Australia's busiest container port. The Corporation commenced operations on 1 July 2003, when it t ...
, the Port of Hastings Corporation and the Victorian Regional Channels Authority were originally not included in 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 ...
proposal and were added later to the Transport Integration Act scheme by the Transport Legislation Amendment (Ports Integration) Bill 2010 (the Ports Integration Bill). The Ports Integration Bill merged the
Port of Melbourne Corporation The Port of Melbourne Corporation (PoMC) is a statutory body established by the Victorian Government to develop and manage the Port of Melbourne, Australia's busiest container port. The Corporation commenced operations on 1 July 2003, when it t ...
and the Port of Hastings Corporation under a rebadged
Port of Melbourne Corporation The Port of Melbourne Corporation (PoMC) is a statutory body established by the Victorian Government to develop and manage the Port of Melbourne, Australia's busiest container port. The Corporation commenced operations on 1 July 2003, when it t ...
banner. The Ports Integration Bill was proclaimed to commence on 1 September 2010. This formally brought the
Port of Melbourne Corporation The Port of Melbourne Corporation (PoMC) is a statutory body established by the Victorian Government to develop and manage the Port of Melbourne, Australia's busiest container port. The Corporation commenced operations on 1 July 2003, when it t ...
and the Victorian Regional Channels Authority within the Transport Integration Act framework on that date. The merger of the Port of Melbourne Corporation and the Port of Hastings Corporation has been reversed - see changes to the Act below.


Major amendments to the Transport Integration Act

A number of significant amendments have already been made to the Transport Integration Act:


Climate Change Act

The ''Climate Change Act 2010'' amended the ''Transport Integration Act'' to amend the
environmental sustainability Specific definitions of sustainability are difficult to agree on and have varied in the literature and over time. The concept of sustainability can be used to guide decisions at the global, national, and individual levels (e.g. sustainable livi ...
objective in the transport system objectives of the Transport Integration Act. The amendment changed that objective by providing that the transport system should actively contribute to the reduction of the overall contribution of transport-related
greenhouse gas emissions Greenhouse gas emissions from human activities strengthen the greenhouse effect, contributing to climate change. Most is carbon dioxide from burning fossil fuels: coal, oil, and natural gas. The largest emitters include coal in China and lar ...
. In addition, the change require relevant agencies to have regard to preparing for and adapting to the challenges presented by
climate change In common usage, climate change describes global warming—the ongoing increase in global average temperature—and its effects on Earth's climate system. Climate change in a broader sense also includes previous long-term changes to E ...
. The Climate Change Act was passed on 3 September 2010, received
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 other ...
on 14 September 2010 and commenced on 1 July 2011.


Taxi industry reform

The
Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 The Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia to reform taxi and other small commercial passenger vehicle services in the Sta ...
amended the Transport Integration Act to create the
Taxi Services Commission Commercial Passenger Vehicles Victoria (CPVV), until 2 June 2018 called the Taxi Services Commission (TSC), is the Government agency responsible for the regulation of the taxi and hire car industries in the State of Victoria, Australia. Befor ...
. The Commission was created as an inquiry body in first instance charged with conducting the
Taxi Industry Inquiry The Taxi Industry Inquiry or the Fels Inquiry was an inquiry commissioned in 2011 into the taxi industry and taxi services in Victoria, Australia, by the Taxi Services Commission. The inquiry was headed by Professor Allan Fels assisted by Dr Da ...
, a major inquiry into the taxi industry and taxi services in Victoria, and then to become the ongoing taxi industry regulator in place of the current regulator, the
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, ...
and the Victorian Taxi Directorate.


Public Transport Victoria

The ''Transport Legislation Amendment (Public Transport Development Authority) Act 2011'' amended the ''Transport Integration Act'' to establish the Public Transport Development Authority, trading as
Public Transport Victoria Public Transport Victoria (PTV) is the brand name for public transport in the Australian state of Victoria, Australia, Victoria. It was the trading name of the Go Public Transport Development Authority (PTDA), a now-defunct statutory authorit ...
, and to make other related changes. The legislation partially commenced on 15 December 2011. Further parts of the amending legislation will be proclaimed in the future to provide for the full establishment of the PTDA and to abolish the agencies it replaces - the
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, ...
, the
Transport Ticketing Authority The Transport Ticketing Authority (TTA) was a statutory authority within the Department of Transport in the State Government of Victoria, Australia. It was established in June 2003 to manage Victoria's interest in the OneLink Metcard public tra ...
and MetLink.


Port of Hastings Development Authority Act

The ''Transport Legislation (Port of Hastings Development Authority) Act 2011'' amended the ''Transport Integration Act'' to reverse the merger of the
Port of Melbourne The Port of Melbourne is the largest port for containerised and general cargo in Australia. It is located in Melbourne, Victoria, and covers an area at the mouth of the Yarra River, downstream of Bolte Bridge, which is at the head of Port Phill ...
Corporation and the Port of Hastings Corporation, which occurred in September 2010, and to establish a Port of Hastings Development Authority to oversee the development of the Port of Hastings as a competitor in container trade to the Port of Melbourne. The legislation was passed on 16 August 2011, and came into force on 1 January 2012.


Comparison with other jurisdictions

Nicholas Low has observed that the transport policy directions of both Victoria and New South Wales have pursued "integration" from the start of the 21st century, particularly integrated planning for the various modes of transport and the integration of transport and land use planning. However, Victoria went further and remains alone among Australian jurisdictions in presenting these general policy directions to full Parliamentary scrutiny and entrenching them in legislative form. Low comments that the Act "...provides strong legislative support for the development of an integrated and sustainable transport system...". The Commonwealth Department of Infrastructure and Transport has commented that - ::"Victoria has progressively modernised its transport legislation. The Transport Integration Act 2010, the new principal transport statute, sets out a vision, objectives and principles for transport, making it clear that the transport system needs to be integrated and sustainable. The Act requires transport agencies and other decision makers to have regard to broader social, economic and environmental considerations. It unites all elements of the transport portfolio to ensure that transport agencies work towards a common goal of an integrated transport system. It integrates land use and transport planning and decision making by extending the framework to land-use agencies whose decisions can significantly affect transport, including the government's planning functions, municipal councils, the Growth Area Authority and Parks Victoria". In addition, the Commonwealth Department of Climate Change and Energy Efficiency noted that the Transport Integration Act appeared to be the only Australian transport statute which explicitly recognised the risks posed by climate change. Reports continue to call for the adoption of policy and statutes which recognise emphasis on Transport Integration Act objectives including sustainability. "Moving Australia 2030", a report generated by the Moving People 2030 Taskforce in March 2013 which included representation from planning, public transport, bus and rail lobby groups, is the latest of these documents. The report instances the Act as a case study for driving integrated decision making in transport, land use planning and sustainability and as a model to be followed by other jurisdictions in Australia. Despite these observations, other jurisdictions including the Commonwealth have yet to respond to Victoria's leadership towards greater integration and sustainability in transport systems and their regulation. In fact, concerns exist that national developments are moving away from integrated transport solutions towards greater silo based activity as shown by the establishment of distinct sole purpose national regulators for heavy vehicles, rail and maritime. In the words of Norman Swann, "(T) the challenge is to apply this new thinking into outcomes for the State - and nationally."Norman Swann, ''Why is it so difficult to have policy based on evidence rather than belief?'', The Economics of Transport - Smarter Transport - Better Cities, Metropolitan Transport Forum, GAMUT, Melbourne, Australia, March 2011, page 13.


See also

*
Sustainable transport Sustainable transport refers to ways of transportation that are sustainable in terms of their social and environmental impacts. Components for evaluating sustainability include the particular vehicles used for road, water or air transport; th ...
*
Environmental planning Environmental planning is the process of facilitating decision making to carry out land development with the consideration given to the natural environment, social, political, economic and governance factors and provides a holistic framework to ...
*
Regional Rail Link The Regional Rail Link (RRL) was a project to build a 47.5 kilometre length of railway through the western suburbs of Melbourne, Victoria, the main aim of which was to separate regional V/Line Ballarat, Bendigo and Geelong services from the el ...
*
VicRoads VicRoads is a government joint venture in the state of Victoria, Australia. In the state, it is responsible for driver licensing and vehicle registration. It is owned and operated through a joint venture between the Victorian government and a c ...
*
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, ...
*
VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Government of Victoria, Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the ...
*
Port of Melbourne Corporation The Port of Melbourne Corporation (PoMC) is a statutory body established by the Victorian Government to develop and manage the Port of Melbourne, Australia's busiest container port. The Corporation commenced operations on 1 July 2003, when it t ...
*
V/Line V/Line is a statutory authority that operates regional passenger train and coach services in Victoria, Australia. It provides passenger train services on five commuter lines and eight long-distance routes from its major hub at Southern Cross ...
*
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 '' ...
* Chief Investigator, Transport Safety *
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 ...
*
Taxi Industry Inquiry The Taxi Industry Inquiry or the Fels Inquiry was an inquiry commissioned in 2011 into the taxi industry and taxi services in Victoria, Australia, by the Taxi Services Commission. The inquiry was headed by Professor Allan Fels assisted by Dr Da ...
*
Taxi Services Commission Commercial Passenger Vehicles Victoria (CPVV), until 2 June 2018 called the Taxi Services Commission (TSC), is the Government agency responsible for the regulation of the taxi and hire car industries in the State of Victoria, Australia. Befor ...
*
Port of Hastings Development Authority The Port of Hastings Development Authority is an authority of the Government of Victoria, Australia. The authority is responsible for the development and management of the port of Hastings located in Western Port Bay approximately 72 kilometres ...
*
Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 The Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia to reform taxi and other small commercial passenger vehicle services in the Sta ...
*
Transport Act 1983 The Transport Act 1983 (the Act) was the main statute establishing government transport organisations and regulating land transport activities in the State of Victoria, Australia for 27 years from mid-1983 to mid-2010. The Act was used as the veh ...
*
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 ...


References

{{Reflist, 30em


External links


Department of Transport Information about the Transport Integration Act

Department of Transport Information about the Transport Legislation Review

Transport for Melbourne
- An advocacy alliance for improved public transport planning in Melbourne that publicly launched in 2016, including with a specific focus on better implementation of the Transport Integration Act 2010 in regard to public transport modal integration. Victoria (Australia) legislation Environmental planning
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 ...
2010 in Australian law 2010s in Victoria (Australia) History of transport in Victoria (Australia) 2010 in transport Transport legislation