National Land Transport Regulations 2022

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 03 March 2022

David Hurley

Governor‑General

By His Excellency’s Command

Barnaby Joyce

Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

Part 2—Railway, road and construction

5 Additional things included in the definition of railway

6 Additional things included in the definition of road

7 Additional things included in the definition of construction in relation to a railway or road

Part 1—Preliminary

1  Name

  This instrument is the National Land Transport Regulations 2022.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the National Land Transport Act 2014.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) railway;

(b) road.

  In this instrument:

Act means the National Land Transport Act 2014.

Part 2—Railway, road and construction

5  Additional things included in the definition of railway

  For the purposes of the definition of railway in subsection 4(1) of the Act, the following things are specified:

 (a) a facility for the transfer of cargo or passengers from one rail vehicle to another;

 (b) amenities for the use of persons who travel on a railway (for example, shelter, toilets, seating, waste receptacles, drinking‑water facilities and eating facilities);

 (c) railway technology.

6  Additional things included in the definition of road

  For the purposes of the definition of road in subsection 4(1) of the Act, the following things are specified to the extent they are not otherwise a road:

 (a) a path for the use of pedestrians;

 (b) a path for the use of persons using any form of transport;

 (c) a bus stop;

 (d) a bus station or interchange;

 (e) a facility for passengers to enter or exit road vehicles;

 (f) a facility for the transfer of cargo or passengers from one road vehicle to another;

 (g) a car park;

 (h) a facility off the road used by road vehicles (for example, a rest area);

 (i) amenities for the use of persons who travel on a road (for example, shelter, toilets, seating, waste receptacles, drinking‑water facilities and eating facilities);

 (j) a facility for the care or management of livestock travelling on a road;

 (k) a facility for charging electric or hydrogen fuel cell road vehicles;

 (l) technology relating to road transport.

Note: This section specifies things only to the extent they are not already a road within the meaning of the Act.

7  Additional things included in the definition of construction in relation to a railway or road

  For the purposes of subsection 4(2) of the Act, the following things are specified:

 (a) community consultation and other communication with the community;

 (b) environmental remediation;

 (c) environmental harm mitigation;

 (d) payment of financing costs;

 (e) payment of compensation;

 (f) payment of costs of removing and relocating facilities and other things.