User:Declan Palmer/Transport Integration Act 2010

Overview
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 The Act is the prime transport statute in Victoria having repealed major parts of the former Transport Act 1983.

The purpose of the 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 transport system.

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.

The Act applies to most state transport agencies. It also seeks to integrate land use and transport planning and decision-making by extending the framework to land use agencies whose decisions can significantly impact on transport.

The Act has an overarching status in the hierarchy of Victoria's tranport legislation. All other Victorian transport laws, including those relating to trains, trams, roads, ports, transport projects and safety regulation, are identified as "transport legislation" under the Act. The Act also sits above "interface legislation" in its application to interface bodies.

Broad Outline
The Transport Integration Act has policy, planning and organisational elements.

The policy area of the Act contains a vision, objectives and principles for the transport system in Victoria, 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 formally adopts the Victorian Transport Plan in law and requires Ministers to "periodically revise" the Plan. It also requires transport agencies to prepare corporate plans and to coordiante them with the central Department of Transport and other affected transport agencies.

The Act also consolidates and establishes most of the transport agencies in Victoria.

Affected agencies
The decision makers and agencies established and empowered by the Act include -


 * Ministers
 * the Secretary of the Department of Transport
 * the Department of Transport
 * the Transport Infrastructure Development Agent
 * the Director of Public Transport
 * the Roads Corporation (VicRoads)
 * Victorian Rail Track (VicTrack)
 * V/Line Corporation
 * the Linking Melbourne Corporation
 * the Port of Melbourne Corporation
 * the Victorian Regional Channels Authority

The Act requires all Victorian transport agencies - including the Director of Public Transport, 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.

It also means that land use agencies - including the Department of Planning and Community Development, municipal councils, the Growth Areas Authority and Parks Victoria - are required to take account of the new Act and its policy directions when making decisions that impact on the transport system.

Importantly, the Transport Integration Act supports and assists the implementation of The Victorian Transport Plan.

Parts
The Transport Integration Act is divided into eight parts -


 * 1) Preliminary
 * 2) Vision statement, Objectives, Principles and Statements of Policy Principles
 * 3) Administration (Ministers, the Department, the Secretary, the Transport Infrastructure Development Agent)
 * 4) Planning (Victorian Transport Plan, Corporate plans)
 * 5) Transport System Agencies (Director of Public Transport, Roads Corporation)
 * 6) Transport Corporations (Victorian Rail Track, V/Line Corporation, Linking Melbourne Authority, Port of Melbourne Corporation, Victorian Regional Channels Authority)
 * 7) Transport Safety Agencies (Director, Transport Safety and Chief Investigator, Transport Safety)
 * 8) General

Policy framework
The centrepiece of the Transport Integration Act is the 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 vision statement in the Act 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 ."

The transport system objectives cover the following matters -
 * social and economic inclusion
 * economic prosperity
 * environmental sustainability
 * integration of transport and land use
 * efficiency, coordination and reliability
 * safety and health and wellbeing

The decision making principles cover the following matters -
 * integrated decision making
 * triple bottom line assessment
 * equity
 * transport sytem user perspective
 * precautionary principle
 * stakeholder engagement and community participation
 * transparency

In broad terms, transport agencies and interface agencies must have regard to the objectives and principles when exercising their powers and performing their functions.

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 agency is required to pursue its object consistent with the vision and the objectives.

Development of the Transport Integration Act
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.

In 2007, after several years work the Department of Transport released a discussion paper outlining a 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 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.

Parliamentary approval
The Act originated as the Transport Integation Bill which 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.

The Bill was eventually debated and passed by the Legislative Assemby 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 succeeded Lynne Kosky as Minister for Public Transport.

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.

The Transport Integration Act was subsequently proclaimed to commence on 1 July 2010.

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 (Ports Integration Bill).

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 Integrtaion Bill was proclaimed to commence on 1 September 2010 thereby formally bringing the Port of Melbourne Corporation and the Victorian Regional Channels Authority within the Transport Integration Act framework from that date.

Notable changes made to the Act
The major changes made to the Transport Integration Act since its passage have been made by the Ports Integration Bill (see above) and the Climate Change Act 2010. The Climate Change Act was passed on 3 September 2010 and received the Royal Assent on 14 September 2010.

The Climate Change Act amended the environmental sustainability objective contained in the transport system system objectives in the Transport Integration Act. The amendment changes that objective by providing that the transport system should actively contribute to the reducion of the the overall contribution of transport-related greenhouse gas emissions. In addition, the changes 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) have yet to commence.