Tourist and Heritage Railways Act - AbsoluteAstronomy.com

The Tourist and Heritage Railways Act 2010 (the THR Act) is a law enacted by the Parliament of the State of Victoria

Victoria (Australia)

Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....

, Australia

Australia

Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

and is the prime statute

Statute

A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

regulating the activities of tourist and heritage rail

Heritage railway

thumb|right|the Historical [[Khyber train safari|Khyber Railway]] goes through the [[Khyber Pass]], [[Pakistan]]A heritage railway , preserved railway , tourist railway , or tourist railroad is a railway that is run as a tourist attraction, in some cases by volunteers, and...

operators in the State. The Act

Act of Parliament

An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

covers the bulk of Victoria's operational tourist and heritage railways including many heavy and light rail operations and tram

Tram

A tram is a passenger rail vehicle which runs on tracks along public urban streets and also sometimes on separate rights of way. It may also run between cities and/or towns , and/or partially grade separated even in the cities...

ways, predominantly in regional areas of Victoria

Victoria (Australia)

.

The Tourist and Heritage Railways Act was developed as part of the Transport Legislation Review

Transport Legislation Review

The Transport Legislation Review was a policy and legislation review project conducted by the Department of Transport in the State of Victoria, Australia between 2004 and 2010....

conducted by the Department of Transport

Department of Transport (Victoria, Australia)

The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...

and was the first dedicated statute

Statute

in Victoria

Victoria (Australia)

for the tourist and heritage railways sector (the THR sector) since mid 1983. The Act is also the only dedicated principal statute

Statute

for the THR sector in Australia

Australia

. The THR 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 Tourist and Heritage Railways Act forms part of the transport policy

Policy

A policy is typically described as a principle or rule to guide decisions and achieve rational outcome. The term is not normally used to denote what is actually done, this is normally referred to as either procedure or protocol...

and legislation

Legislation

Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

framework in Victoria

Victoria (Australia)

headed by the Transport Integration Act

Transport Integration Act

The Transport Integration Act 2010 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....

. The responsible Minister

Minister (government)

A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....

for the Tourist and Heritage Railways Act is the Minister for Public Transport, the Hon Terry Mulder MLA

Terry Mulder

Terence Wynne "Terry" Mulder is an Australian politician. He has been a Liberal member of the Victorian Legislative Assembly since 1999, representing the Colac-based electorate of Polwarth. He is currently Minister for Transport and Roads.Mulder was born in Colac, and attended Trinity College, but...

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 sector in Victoria

Victoria (Australia)

consists of organisations which operate, restore and preserve tourist and heritage railways and tram

Tram

ways. It is estimated that around 3,500 Victorians are actively involved in the industry. 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

Statute

. The THR organisations operate in various locations across Victoria

Victoria (Australia)

, primarily in regional areas. The railways attract tourism

Tourism

Tourism is travel for recreational, leisure or business purposes. The World Tourism Organization defines tourists as people "traveling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business and other purposes".Tourism has become a...

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
Lease
A lease is a contractual arrangement calling for the lessee to pay the lessor for use of an asset. A rental agreement is a lease in which the asset is tangible property...
Voluntary Accreditation
Accreditation
Accreditation is a process in which certification of competency, authority, or credibility is presented.Organizations that issue credentials or certify third parties against official standards are themselves formally accredited by accreditation bodies ; hence they are sometimes known as "accredited...

Scheme
General
Consequential Amendments and Savings

Coverage

The Act regulates the majority of the operational tourist and heritage railways in Victoria

Victoria (Australia)

. To be covered by the Act, a tourist and heritage railway operator must be a not for profit organisation that provides historical and heritage-related rail services mostly for tourists and mostly in Victoria

Victoria (Australia)

. The following railways are covered by the Act -

Alexandra Timber and Tramway Museum
Alexandra, Victoria
Alexandra is a town in Victoria, Australia. It is located at the junction of the Goulburn Valley Highway and Maroondah Highway , 26 kilometres west of Eildon, in the Shire of Murrindindi local government area...
Ballarat Tramway Museum
Trams in Ballarat
Ballarat once operated an extensive tramway system between 1887 and 1971 when the network was closed and replaced with buses. A small section of track and depot remains at outside of the Ballarat CBD at Lake Wendouree near the Ballarat Botanic Gardens with tourist trams run by the Ballarat Tramway...
Bellarine Peninsula Railway
Bellarine Peninsula Railway
The Bellarine 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 Peninsula between the coastal town of Queenscliff and Drysdale, near Geelong.- History as a working...
Bendigo Tramways
Central Highlands Tourist Railway
Diesel Electric Railmotor Group
Diesel Electric railmotor (VR)
The Diesel Electric Rail Motor was a railmotor operated by the Victorian Railways of Australia.-History:...
Melbourne Tramcar Preservation Society
Tramway Museum Society Of Victoria
The Tramway Museum Society of Victoria was founded in 1963 in Victoria, Australia. Its aim is the preservation, restoration and operation of trams...
Mornington Railway Preservation Society
Mornington Railway
The Mornington Railway is a heritage railway near Mornington, a town on the Mornington Peninsula, near Melbourne, Victoria. The line is managed by the Mornington Railway Preservation Society and operates on part of the former Victorian Railways branch line which ran from Baxter to Mornington.-...
Portland Cable Trams
Portland, Victoria
The city of Portland is the oldest European settlement in what is now the state of Victoria, Australia. It is the main urban centre of the Shire of Glenelg. It is located on Portland Bay.-History:...
R707 Operations
Red Cliffs Steam Railway
Seymour Railway Heritage Centre
Seymour Railway Heritage Centre
The Seymour Railway Heritage Centre is a railway preservation group based in Seymour, Victoria, Australia. The volunteer non-profit incorporated association was established in 1983 to restore and preserve locomotives and rolling stock as used on the railways of Victoria.The group is an accredited...
South Gippsland Tourist Railway
Steamrail Victoria
Steamrail Victoria
Steamrail Victoria is a not-for-profit volunteer group established in 1965 to the 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 Railway Workshops in suburban Melbourne...
Victorian Goldfields Railway
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:...
Walhalla Goldfields Railway
Walhalla Goldfields Railway
The Walhalla Goldfields Railway is a 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 Tourist Railway Society
Yarra Valley Tourist Railway
The Yarra Valley Railway is a tourist 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 Act does not apply, however, to Victoria's most popular tourist and heritage railway, Puffing Billy. Instead, the Puffing Billy railway is regulated by its own statute

Statute

, the Emerald Tourist Railway Act 1977. The application of the Tourist and Heritage Railways Act does also not extend to static rail exhibits such as the Williamstown Rail Museum.

Regulators

The prime regulator of the tourist and heritage railway sector in Victoria

Victoria (Australia)

is the Director, Transport Safety

Director, Transport Safety

The Director, Transport Safety is the independent Government agency responsible for rail, bus and marine safety in the State of Victoria, Australia. The position was created as a statutory office by the Transport Integration Act 2010...

or Transport Safety Victoria (TSV). The prime regulators of the tourist and heritage railway sector in Victoria

Victoria (Australia)

are VicTrack

VicTrack

VicTrack is the Victorian Government agency which owns all railway and tram lines, associated rail lands and other related rail-related infrastructure in the state of Victoria, Australia....

and the Director of Public Transport

Director of Public Transport

The Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...

. VicTrack

VicTrack

VicTrack is the Victorian Government agency which owns all railway and tram lines, associated rail lands and other related rail-related infrastructure in the state of Victoria, Australia....

holds all State owned rail land, infrastructure and assets in Victoria. VicTrack

VicTrack

VicTrack is the Victorian Government agency which owns all railway and tram lines, associated rail lands and other related rail-related infrastructure in the state of Victoria, Australia....

leases assets to tourist and heritage railway operators when the assets are determined to be not required for mainstream transport operations and therefore non operational. The Director of Public Transport

Director of Public Transport

The Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...

provides general coordination and support to the THR sector and will be positioned as a regulator under the new Act.

VicTrack

VicTrack is the Victorian Government agency which owns all railway and tram lines, associated rail lands and other related rail-related infrastructure in the state of Victoria, Australia....

is established under the Transport Integration Act

Transport Integration Act

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

VicTrack is the Victorian Government agency which owns all railway and tram lines, associated rail lands and other related rail-related infrastructure in the state of Victoria, Australia....

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

VicTrack is the Victorian Government agency which owns all railway and tram lines, associated rail lands and other related rail-related infrastructure in the state of Victoria, Australia....

is required to collaborate with the Secretary of the Department of Transport

Department of Transport (Victoria, Australia)

The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...

, or more particularly the Director of Public Transport

Director of Public Transport

The Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...

, in protecting land, infrastructure and assets which are registered on the Victorian Heritage Register. VicTrack

VicTrack

VicTrack is the Victorian Government agency which owns all railway and tram lines, associated rail lands and other related rail-related infrastructure in the state of Victoria, Australia....

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..."

Director of Public Transport

The Director of Public Transport

Director of Public Transport

The Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...

is a statutory office created under the Transport Integration Act

Transport Integration Act

The Registrar

Part 2 of the Act provides that the Director

Director of Public Transport

The Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...

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

Asset

In financial accounting, assets are economic resources. Anything tangible or intangible that is capable of being owned or controlled to produce value and that is held to have positive economic value is considered an asset...

Lease

A lease is a contractual arrangement calling for the lessee to pay the lessor for use of an asset. A rental agreement is a lease in which the asset is tangible property...

granted by VicTrack

VicTrack

VicTrack is the Victorian Government agency which owns all railway and tram lines, associated rail lands and other related rail-related infrastructure in the state of Victoria, Australia....

and a group register for THR railway groups.

Advisory committee

The Act also enables the Director of Public Transport

Director of Public Transport

The Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...

to establish an advisory committee to provide advice to the Director

Director of Public Transport

The Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...

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 the Tourist and Heritage Railways Act provides for the 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 in Victoria

Victoria (Australia)

. The register is required to be established by the Director of Public Transport

Director of Public Transport

The Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...

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 the Heritage Act 1995.

Lease agreements

Part 4 of the Act sets out a scheme to facilitate the leasing of land and assets by VicTrack

VicTrack

VicTrack is the Victorian Government agency which owns all railway and tram lines, associated rail lands and other related rail-related infrastructure in the state of Victoria, Australia....

for tourst and heritage railways purposes. The Act provides power for VicTrack

VicTrack

VicTrack is the Victorian Government agency which owns all railway and tram lines, associated rail lands and other related rail-related infrastructure in the state of Victoria, Australia....

to grant leases 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

In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...

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

VicTrack is the Victorian Government agency which owns all railway and tram lines, associated rail lands and other related rail-related infrastructure in the state of Victoria, Australia....

to provide copies of leases to the Registrar who must keep a register of the agreements and details about duration and renewal.

Voluntary accreditation scheme

Part 5 of the Act makes provision for a voluntary accreditation

Accreditation

Accreditation is a process in which certification of competency, authority, or credibility is presented.Organizations that issue credentials or certify third parties against official standards are themselves formally accredited by accreditation bodies ; hence they are sometimes known as "accredited...

scheme for tourist and heritage railway operators. The Director of Public Transport

Director of Public Transport

The Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...

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 remaining 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

Victorian Civil and Administrative Tribunal

The Victorian Civil and Administrative Tribunal is a government agency in the state of Victoria, Australia. The name is pronounced 'vee-cat'...

concerning decisions made by the Registrar.

Other notable provisions

The Act contains two general provisions in Part 6. The first provision confirms that THR operators are not required to fence railways 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 the Act confers power on the Governor in Council to make regulations to support the 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 the Tourist and Heritage Railways Act was managed by the Department of Transport

Department of Transport (Victoria, Australia)

The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...

in Victoria as part of its broader Transport Legislation Review

Transport Legislation Review

The Transport Legislation Review was a policy and legislation review project conducted by the Department of Transport in the State of Victoria, Australia between 2004 and 2010....

.

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 as proposed legislation

Legislation

Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

in late July 2010.

Introduction

The Tourist and Heritage Railways Act was introduced into the upper house of the Victorian Parliament, the Legislative Council

Legislative Council

A Legislative Council is the name given to the legislatures, or one of the chambers of the legislature of many nations and colonies.A Member of the Legislative Council is commonly referred to as an MLC.- Unicameral legislatures :...

, as the Tourist and Heritage Railways Bill 2010. The responsible Minister

Minister (government)

A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....

for the proposal was the then Minister for Public Transport, the Hon Martin Pakula MLC

Martin Pakula

Martin Philip Pakula is an Australian politician, and a member of the Victorian Legislative Council. He was Minister for Industrial Relations and Minister for Public Transport in the Labor Government of Premier John Brumby.-Early life:...

. The Hon Justin Madden MLC

Justin Madden

Madden was 206 cm tall, and one of the tallest men ever to play Australian Rules football, and his potential in this area was fully utilized by Carlton, who used him as their main ruckman. Over the next fifteen seasons, Madden became a mainstay of the Carlton side, and one of the most...

, the then Minister for Planning, moved the second reading of the Bill

Bill (proposed law)

A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....

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 (legislature)

A reading of a bill is a debate on the bill held before the general body of a legislature, as opposed to before a committee or other group. In the Westminster system, there are usually several readings of a bill among the stages it passes through before becoming law as an Act of Parliament...

speech in support of the Bill as follows -

"The Bill is aligned to the Transport Integration Act's

Transport Integration Act

new vision and shared objectives for transport in Victoria

Victoria (Australia)

. 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

Cultural heritage

Cultural heritage is the legacy of physical artifacts and intangible attributes of a group or society that are inherited from past generations, maintained in the present and bestowed for the benefit of future generations...

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

Tourism

, benefiting local business

Business

A business is an organization engaged in the trade of goods, services, or both to consumers. Businesses are predominant in capitalist economies, where most of them are privately owned and administered to earn profit to increase the wealth of their owners. Businesses may also be not-for-profit...

and employment

Employment

Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...

The Bill renews and modernises legislation

Legislation

Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

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 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

Volunteering is generally considered an altruistic activity, intended to promote good or improve human quality of life, but people also volunteer for their own skill development, to meet others, to make contacts for possible employment, to have fun, and a variety of other reasons that could be...

. They also rely on donations, 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 (Australia)

-- 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

Tram

services primarily as a tourist activity are given new settings under the Bill. This includes better arrangements relating to land and asset

Asset

use, and access to a voluntary registration scheme that will promote improved performance and business

Business

practices.".

Debate and passage

The Tourist and Heritage Railways Bill was strongly supported by the Opposition

Opposition (Australia)

Her Majesty's Loyal Opposition in Australia fulfils the same function as the official opposition in other Commonwealth of Nations monarchies. It is seen as the alternative government and the existing administration's main opponent at a general election...

parties and other members during its passage through the Victorian Parliament.

Upper house

The lead Liberal Party speaker in the first house of passage the Legislative Council

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

Department of Transport (Victoria, Australia)

The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...

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

Legislative Council

on 12 August 2010 after a short debate and was introduced into the lower house

Lower house

A lower house is one of two chambers of a 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 come to wield more power...

, the Legislative Assembly

Legislative Assembly

Legislative Assembly is the name given in some countries to either a legislature, or to one of its branch.The name is used by a number of member-states of the Commonwealth of Nations, as well as a number of Latin American countries....

, on the same day.

Lower house

Support from the Opposition parties for the Bill was equally strong in the Legislative Assembly

Legislative Assembly

. The lead speaker in the Legislative Assembly

Legislative Assembly

, the then Shadow Transport Minister and now the Minister for Public Transport in the Victorian Government, Terry Mulder MP

Terry Mulder

, commented that -

"The Bill comes about as a result of the tourist and heritage railway 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

Tourist attraction

A tourist attraction is a place of interest where tourists visit, typically for its inherent or exhibited cultural value, historical significance, natural or built beauty, or amusement opportunities....

here in Victoria

Victoria (Australia)

in promoting the heritage of our railway 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 and particularly passionate about some of the older trains that were on the tracks hauling passengers on our railway 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 on 7 October 2010. The Bill received the Royal Assent

Royal Assent

The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...

on 19 October 2010 to become the Tourist and Heritage Railways Act 2010.

Regulations

The Tourist and Heritage Railways Act was proclaimed to commence

Coming into force

Coming into force or entry into force refers to the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect...

on 1 October, 2011. The Tourist and Heritage Railways Regulations were made to support the operation of the Act after being developed by the Department of Transport

Department of Transport (Victoria, Australia)

The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...

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.

Legislation

The safety compliance of most rail transport in Victoria

Rail transport in Victoria

Rail transport in Victoria, Australia, is provided by a number of railway operators who operate over the government-owned railway lines. Victorian lines use broad gauge, with the exception of a number of standard gauge freight and interstate lines, a few experimental narrow gauge lines, and...

is regulated under the Rail Safety Act 2006

Rail Safety Act

The Rail Safety Act 2006 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of rail operations in the State...

. The main railways regulated include the Melbourne heavy rail system

Railways in Melbourne

The Melbourne rail network is operated by Metro Trains Melbourne under franchise from the Government of Victoria. The network is based on a commuter rail model centred on the Melbourne Central Business District and Flinders Street Station, rather than a rapid transit model, with a focus on...

, the Melbourne tram and light rail network

Trams in Melbourne

The Melbourne tramway network is a major form of public transport in Melbourne, the capital city of the state of Victoria, Australia. , the network consisted of of track, 487 trams, 28 routes, and 1,773 tram stops. It was therefore the largest urban tramway network in the world, ahead of the...

, 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 and a range of compliance

Regulatory compliance

In general, compliance means conforming to a rule, such as a specification, policy, standard or law. Regulatory compliance describes the goal that corporations or public agencies aspire to in their efforts to ensure that personnel are aware of and take steps to comply with relevant laws and...

sanctions. Railways excluded from coverage under the Act

Act of Parliament

include railways in mines, amusement and theme park railways and slipway

Slipway

A slipway, boat slip or just a slip, 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. They are also used for launching and retrieving small boats on trailers and flying boats on their undercarriage. The...

Regulator

The safety regulator for the application and enforcement of the Rail Safety Act 2006

Rail Safety Act

The Rail Safety Act 2006 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of rail operations in the State...

and therefore the oversight of the safety performance of the tourist and heritage rail sector in Victoria

Victoria (Australia)

is the Director, Transport Safety

Director, Transport Safety

. The Director operates under the trading name, Transport Safety Victoria

Director, Transport Safety

. The office of the Director is established under the Transport Integration Act 2010

Transport Integration Act

and is independent of the Department of Transport

Department of Transport (Victoria, Australia)

The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...

and responsible Ministers except in limited circumstances.

External links

The source of this article is wikipedia, the free encyclopedia. The text of this article is licensed under the GFDL.

Outline

Industry background

Parts

Coverage

Regulators

VicTrack

Director of Public Transport

The Registrar

Advisory committee

Rail asset register

Lease agreements

Voluntary accreditation scheme

Other notable provisions

Development

Introduction

Second reading speech

Debate and passage

Upper house

Lower house

Passage, assent and commencement

Regulations

Legislation

Regulator

See also

External links