The Transport Integration Act 2010 (the Act)[1] 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 former Transport Act 1983.[2]
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...".[3] 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) the 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.[4]"
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The Transport Integration Act has policy, planning, delivery and organisational elements.
The policy area of the Act contains a vision, objectives and principles for the transport system in Victoria,[5] 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 issue.
The Act also consolidates and establishes most of the transport agencies in Victoria[6] and applies its policy framework to those agencies and other non transport interface agencies whose planning and land use activities activities can have significant effects on the transport system.
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"[7].
The Act also requires the development of a transport plan for Victoria and requires that the plan be periodically revised.[8] It also requires transport agencies regulated by the Act to prepare corporate plans and to coordinate them with the central Department of Transport and other affected transport agencies.[9]
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"[10].
The Transport Integration Act is divided into eight parts -
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.
The Act applies to most State transport agencies and their activities through its coverage of Victoria's "transport system".[11] Accordingly, it applies[12] to things such as -
"Transport system" is defined widely to include not only system infrastructure and conveyances, but also such things[15] as -
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. Accordingly, the TIA seeks to define the transport system broadly including public transport on road and rail, commercial road and rail transport, private motor vehicles, commercial and recreational water transport, walking and cycling."[16]
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.[17]
Accordingly, the Act can apply to the activities of a range of planning, land use 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' "[18].
The Transport Integration Act has an overarching status in the hierarchy of Victoria's transport legislation. All other Victorian transport laws, including those relating to particular aspects of the regulation of trains, trams, roads, ports, transport projects and safety, are identified as "transport legislation" under the Act[19] 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.[20] 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.
The transport decision makers and agencies established and empowered by the Transport Integration Act include -
The Act requires Victorian transport agencies - including the Director of Public Transport, the Public Transport Development Authority, VicRoads, the Port of Melbourne Corporation, VicTrack, V/Line and the Linking Melbourne Authority – to work collaboratively towards the common goal of an integrated and sustainable transport system.
The Act does not apply directly to the private entities contracted to provide metropolitan passenger rail and tram services in Victoria, nor does it apply to metropolitan and regional bus 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).[22]
The interface decision makers and agencies affected by the Transport Integration Act include -
The Act requires that the interface agencies, including land use 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.[23]
Importantly, the Transport Integration Act also supports and assists the development, implementation and updating of a transport plan for the State.[24]
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, six transport system objectives and seven decision making principles. The core of the policy framework is drawn from the principles of sustainability as applied to the transport sector. The framework recognises that transport is part of a broader policy goal of achieving sustainable development, both locally and globally.
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. The key sustainability concepts which influenced the content of the policy framework[26] are the -
Having established the key sustainability principles, the next step in the review was to apply those principles to the transport sector. Pearce and Shepherd observed that -
The Transport Integration Act framework is headed by a global vision statement which was suggested by stakeholders during the public consultation process which led to the Act. The vision statement provides that "(T) the Parliament recognises the aspirations of Victorians for an integrated and sustainable transport system that contributes to an inclusive, prosperous and environmentally responsible State."[29] The vision has been described as "...an aspirational statement describing how the transport system relates to broader policy outcomes."[30]
The transport system objectives in the Transport Integration Act cover the following matters[31] -
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 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 and the Victorian Competition and Efficiency Commission (VCEC), the latter as part of its final report on managing transport congestion in Victoria[32]. VCEC observed that -
VCEC commented on the failure of the previous central Victorian Government transport statute, the Transport Act 1983, 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."[34]
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."[35]
The decision making principles in the Transport Integration Act cover the following matters[36] -
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.
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.[37] 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.[38]
The vision statement in the Act is drawn on in the purpose of the Transport Integration Act.[39] 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.[40] 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 avenues including merits review[41] in some cases. However, the Act does not create a civil cause of action.[42]
The underlying policy for the Transport Integration Act was in development for some years before it was presented to the Victorian Parliament as a Bill for scrutiny, debate and passage.
Writing about the development of the Transport Integration Act, Pearce and Shepherd noted that -
The proposal was developed as part of Victoria's Transport Legislation Review,[44] a review of transport policy and legislation across the State. In respect of the place of the measure in the context of a broader suite of policies and regulatory instruments covering the full range of transport activities in the State, Pearce and Shepherd observed that -
Accordingly, the Transport Integration Act was designed as the central policy and statutory instrument for transport in Victoria. It was therefore positioned as something which would not only coordinate and guide the activities of that portfolio but also influence key external influences on transport which were managed outside of the portfolio, particularly in respect of land use activities.
In essence, the Transport Integration Act was devised to deal with the problems caused by the inadequate and ageing policy and legislative settings which had bedevilled the Victorian transport portfolio for many years. Pearce and Shepherd observed that it "...was a timely point to commence the review, given it had been 20 years since the State's central transport statute, the Transport Act 1983, was first enacted...".[46]. They went on to describe the challenge in more detail -
In 2007, after several years work the Department of Transport released a discussion paper outlining a policy proposal for a new Transport Integration Bill for Victoria. An extensive stakeholder consultation process followed throughout Melbourne and regional Victoria. The Transport Legislation Review: Stakeholder Feedback Summary[48] 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 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.[49]
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 -
The Act originated as the Transport Integation Bill.[51][52] The Bill was introduced into the lower house of the Victorian Parliament (the Legislative Assembly) on 8 December 2009 by the Hon Lynne Kosky MP, the then Minister for Public Transport. Second reading for the Bill was moved on 10 December 2009.[53]
The Bill was eventually debated and passed by the Legislative Assembly without opposition on 4 February 2010. The Bill was introduced immediately into the upper house of the Victorian Parliament (the Legislative Council) and second reading moved on the same day by the Hon Martin Pakula MLC who had succeeded Lynne Kosky as Minister for Public Transport in the period since the Bill's introduction.[54]
The Transport Integration Bill was ultimately passed without opposition by the Legislative Council on 23 February 2010. The Bill then received the Royal Assent to become an Act on 2 March 2010.[55]
The Transport Integration Act was subsequently proclaimed to commence on 1 July 2010.[56]
The "port corporations", the Port of Melbourne Corporation, the Port of Hastings Corporation and the Victorian Regional Channels Authority were originally not included in the Bill proposal and were added later to the Transport Integration Act scheme by the Transport Legislation Amendment (Ports Integration) Bill 2010 (the Ports Integration Bill).[57]
The Ports Integration Bill merged the Port of Melbourne Corporation and the Port of Hastings Corporation under a rebadged Port of Melbourne Corporation banner. The Ports Integration Bill was proclaimed to commence on 1 September 2010.[58] This formally brought the Port of Melbourne Corporation 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.
The major changes made to the Transport Integration Act since its passage have been made by the Ports Integration Bill (see above), the Climate Change Act 2010 [59], the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 (the Taxi Reform Act) and amending statutes which created the Public Transport Development Authority and the Port of Hastings Development Authority.
The Climate Change Act was passed on 3 September 2010 and received the Royal Assent on 14 September 2010.[60]
The Climate Change Act amended[61] the environmental sustainability objective contained in the transport system system objectives in the Transport Integration Act.[62] 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. In addition, the change require relevant agencies to have regard to preparing for and adapting to the challenges presented by climate change.
The Climate Change Act (including its changes to the Transport Integration Act) commenced on 1 July 2011.
The other major change to the Transport Integration Act was made by the Taxi Reform Act[63] which changed the former to create a new Taxi Services Commission on 19 July 2011. The changes created the Commission as an inquiry body in first instance charged with conducting the Taxi Industry Inquiry, a major inquiry into the taxi industry and taxi services in Victoria headed by Professor Allan Fels. The Taxi Reform Act also changed the Transport Integration Act to establish the Taxi Services Commission in a subsequent phase as the ongoing taxi industry regulator in Victoria in place of the current regulator, the Director of Public Transport. These additional changes will come into force once the Taxi Industry Inquiry concludes.
A key policy of the Government leading into the election was to create a Public Transport Development Authority (PTDA). The Government has positioned the PTDA as an agency which will be independent and coordinate all aspects of public transport in Victoria.[64] [65] The Government indicated that the authority will plan, co-ordinate, manage and administer metropolitan trams, buses and trains, regional trains and buses, replacing the current structure of multiple agencies.[66] Planning for the Melbourne Airport, Rowville and Doncaster rail lines may be overseen by the new transport authority.[67][68].
Legislation to establish the Public Transport Development Authority - the Transport Legislation Amendment (Public Transport Development Authority) Act 2011 - was passed by the Victorian Parliament and made substantial changes to the Transport Integration Act to establish the new authority and to make other relevant changes. The legislation partially commenced on 15 December 2011[69]. Further parts of the amending legislation will be proclaimed in the the future to provide for the full establishment of the PTDA and to abolish the agencies it replaces - the Director of Public Transport, the Transport Ticketing Authority and MetLink.
The Victorian Government has reversed the merger of the Port of Melbourne Corporation (PMC) and the Port of Hastings Corporation which occurred in late 2010. The Government through Ports Minister Dr Denis Napthine presented legislation to the Victorian Parliament - the Transport Legislation (Port of Hastings Development Authority) Act 2011 - to establish a Port of Hastings Development Authority (POHDA) to oversee the development of the port as a competitor in container trade to the PMC. The legislation was passed by Parliament on 16 August 2011 but is not yet in force. The default date for the commencement of the new Act and hence the establishment of the POHDA within the Transport Integration Act framework is 1 January 2012.
The Commonwealth Department of Infrastructure and Transport has commented that -
Despite this view, other jurisdictions are yet to adapt to the Victorian moves to enhance integration and sustainability in transport systems. In the words of Norman Swann, "(T) the challenge is to apply this new thinking into outcomes for the State - and nationally."[71]