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Appendix 7: Legal change

Acts and subordinate legislation affecting Roads and Maritime Services

Minister for Transport and Infrastructure

Passenger Transport Act 1990

Passenger Transport (Drug and Alcohol Testing) Regulation 2010

Passenger Transport Regulation 2007

Passenger Transport Act 2014

Passenger Transport Regulation 2014

Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (No 34)
(only relating to matters in the Regulation involving taxi licence record keeping by Roads and Maritime)

Point to Point Transport (Taxis and Hire Vehicles) Regulation 2016

Minister for Roads, Maritime and Freight

City of Sydney Act 1988
(Part 4A and Schedule 2, jointly with the Minister for Transport (remainder, the Minister for Local Government))

Driving Instructors Act 1992

Driving Instructors Regulation 2009 [to 06.10.2016]

Driving Instructors Regulation 2016 [from 06.10.2016]

Heavy Vehicle (Adoption of National Law) Act 2013

Heavy Vehicle (Adoption of National Law) Regulation 2013

Heavy Vehicle National Law (NSW)

Heavy Vehicle (Fatigue Management) National Regulation (NSW)

Heavy Vehicle (General) National Regulation (NSW)

Heavy Vehicle (Mass, Dimension and Loading) National Regulation (NSW)

Heavy Vehicle (Transitional) National Regulation (NSW)

Heavy Vehicle (Vehicle Standards) National Regulation (NSW)

Marine Pollution Act 2012

Marine Pollution Regulation 2014

Marine Safety Act 1998

Marine Safety Regulation 2016

Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001

Maritime Services Act 1935 [to 06.10.2016]

Management of Waters and Waterside Lands Regulations - N.S.W. [to 06.10.2016]

Port Authority - Land Traffic Control Regulations - N.S.W. [to 06.10.2016]

Motor Vehicles Taxation Act 1988

Motor Vehicles Taxation Regulation 2008 [to 31.08.2016]

Motor Vehicles Taxation Regulation 2016 [from 01.09.2016]

Photo Card Act 2005

Photo Card Regulation 2014

Ports and Maritime Administration Act 1995

Ports and Maritime Administration Regulation 2012

Recreation Vehicles Act 1983
(Parts 4 and 6 (remainder, the Minister for the Environment))

Road Transport Act 2013

Road Rules 2014

Road Transport (Driver Licensing) Regulation 2008

Road Transport (General) Regulation 2013

Road Transport (Vehicle Registration) Regulation 2007

Roads Act 1993

[From 15 March 2017] (jointly with the Minister for WestConnex (except parts, the Minister for the Environment, the Minister for Local Government and the Minister for Lands and Forestry)

Previously] (except parts, jointly the Minister for the Environment, parts, the Minister for Local Government, and parts, the Minister of Natural Resources, Lands and Water)

Roads Regulation 2008

Sydney Harbour Tunnel (Private Joint Venture) Act 1987

Tow Truck Industry Act 1998

Tow Truck Industry Regulation 2008

Transport Administration Act 1988

Part 4A, Divisions 1 to 3, so far as it relates to Roads and Maritime Services, Part 6, and so much of the Act as relates to Roads and Maritime Services (remainder, the Minister for Transport and Infrastructure)

Transport Administration (General) Regulation 2013
(provisions relating to the parts of the Act administered by the Minister for Roads, Maritime and Freight)

Transport Administration (Staff) Regulation 2012
(provisions relating to the parts of the Act administered by the Minister for Roads, Maritime and Freight)

Minister for WestConnex

Roads Act 1993

[From 15 March 2017] (jointly with the Minister for Roads, Maritime and Freight (except parts, the Minister for the Environment, the Minister for Local Government and the Minister for Lands and Forestry)

Minister for Western Sydney

Nil

New Acts and amendments to Acts affecting Roads and Maritime in the portfolio of the Minister for Transport and Infrastructure

Electronic Transactions Legislation Amendment (Government Transactions) Act 2017 (No 25)

New subordinate legislation and amendments to subordinate legislation affecting Roads and Maritime in the portfolio of the Minister for Transport and Infrastructure

Point to Point Transport (Taxis and Hire Vehicles) Regulation 2016 (2016 No 427)

New Acts and amendments to Acts in the portfolio of the Minister for Roads, Maritime and Freight

  • Marine Legislation Amendment Act 2016 (Act 2016 No 28) (Commencement Proclamation 2016 No 609)
  • Marine Safety Act 1998 (Act 1998 No 121) (Commencement Proclamation 2016 No 610)
  • Marine Safety Amendment Regulation 2016 (2016 No 613)
  • Ports and Maritime Administration Amendment Regulation 2016 (2016 No 614)
  • Statute Law (Miscellaneous Provisions) Act 2016 (2016 No 27)
  • Statute Law (Miscellaneous Provisions) Act (No 2) 2016 (2016 No 55)
  • Regulatory and Other Legislation (Amendments and Repeals) Act 2016 (2016 No 60)
  • Statute Law (Miscellaneous Provisions) Act 2017 (2017 No 22) (to commence on 1 or 7 July 2017 as specified)
  • Transport Administration Amendment (Senior Executive Transitional Arrangements) Regulation 2017 (2017 No 291) (to commence on 01.07.2017)

New subordinate legislation and amendments to subordinate legislation in the portfolio of the Minister for Roads, Maritime and Freight

  • Heavy Vehicle (General) National Amendment Regulation (2016 No 261)
  • Heavy Vehicle (Adoption Road of National Law) Amendment (Penalties) Regulation (No 2) 2016 (2016 No 325)
  • Photo Card Amendment (Fees and Penalty Notice Offences) Regulation 2016 (2016 No 339)
  • Statute Law (Miscellaneous Provisions) Act 2016 (2016 No 27)
  • Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2016 (2016 No 345)
  • Roads Amendment (Penalty Notice Offences) Regulation 2016 (2016 No 346)
  • Tow Truck Industry Amendment (Fees) Regulation 2016 (2016 No 348)
  • Road Amendment (Miscellaneous) Rule 2016 (2016 No 412)
  • Road Transport (Vehicle Registration) Amendment (Auxiliary Number-plates) Regulation 2016 (2016 No 413)
  • Road Transport (Vehicle Registration) Amendment (SIRA) Regulation 2016 (2016 No 429)
  • Marine Safety Amendment Regulation 2016 (2016 No 613)
  • Ports and Maritime Administration Amendment Regulation 2016 (2016 No 614)
  • Statute Law (Miscellaneous Provisions) Act (No 2) 2016 (2016 No 55)
  • Statute Law (Miscellaneous Provisions) Act 2017 (2017 No 22) (to commence in 01.07.2017)
  • Road Transport (Vehicle Registration) Amendment (Compliance Certificates) Regulation 2016 (2016 No 620)
  • Road Transport Legislation (Mobile Phones - P2 Licences) Regulation 2016 (2016 No 667)
  • Roads Amendment (Authorised Officers) Regulation 2016 (2016 No 668)
  • Regulatory and Other Legislation (Amendments and Repeals) Act 2016 (2016 No 60)
  • Photo Card Amendment (Fees) Regulation 2017 (2017 No 42)
  • Road Transport Legislation Amendment (Penalties for Over-length Bus Offences) Regulation 2017 (2017 No 156)
  • Driving Instructors Amendment (Fees) Regulation 2017 (2017 No 240)
    (to commence on 01.07.2017)
  • Marine Safety Amendment (Fees) Regulation 2017 (2017 No 242)
    (to commence on 01.07.2017)
  • Photo Card Amendment (Fees and Penalty Notice Offences) Regulation 2017 (2017 No 244) (to commence on 01.07.2017)
  • Ports and Maritime Amendment (Fees) Regulation 2017 (2017 No 245)
    (to commence on 01.07.2017)
  • Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2017 (2017 No 246) (to commence on 01.07.2017)
  • Roads Amendment (Penalty Notice Offences) Regulation 2017 (2017 No 247)
    (to commence on 01.07.2017)
  • Tow Truck Industry Amendment (Fees) Regulation 2017 (2017 No 248)
    (to commence on 01.07.2017)
  • Heavy Vehicle (Adoption of National Law) Amendment (Penalties) Regulation 2017
    (2017 No 311) (to commence on 01.07.2017)
  • Heavy Vehicle National Amendment Regulation 2017 (2017 No 329) (Commencement linked to commencement of named Acts - see Reg. 2)

Significant judicial decisions

Dial a Dump Industries Pty Ltd v Roads and Maritime Services [2017] NSWCA 73

Decision of Beazley P, McColl JA and Leeming JA

NSW Court of Appeal

In December 2014, the old Alexandria Landfill site was compulsorily acquired for the purposes of the WestConnex New M5 Project (it will be the site of the new St Peters interchange).

Before the acquisition, Alexandria Landfill Pty Ltd (ALF) owned the site, and leased it to Boiling Pty Ltd. Although not the owner or tenant of the land, Dial a Dump Industries Pty Ltd (DADI), a company related to ALF, operated the waste landfill and waste processing and recycling operations at the site.

DADI claimed compensation in respect of the acquisition, arguing that it had an interest in the land as a result of having permission from Boiling Pty Ltd. to operate businesses at the site.

Roads and Maritime Services argued that DADI did not have an interest in land so as to be entitled to any compensation for the acquisition of that interest. The Land and Environment Court held that Roads and Maritime Services was correct. DADI appealed to the NSW Court of Appeal.

On 6 April 2017, the NSW Court of Appeal found in favour of Roads and Maritime Services' position, also holding that DADI did not have an interest in the land. The Court found that DADI carried on the businesses on the land on behalf of ALF and Boiling Pty Ltd not in its own right, such that it had at most a right to occupy the land that fell short of a proprietary, compensable right.

On 19 May 2017, DADI filed an Application for Special Leave to Appeal to the High Court of Australia in relation to the Court of Appeal decision.

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