Documenting your thinking - Department of Economic Development

Towards an
integrated
and
sustainable
transport
system
The Transport
Integration Act:
Documenting your
thinking. A guide for
local government.
Transport Integration Act 2010
Under the Transport Integration
Act 2010 (the TIA), transport and
land use planning requires a
new way of thinking that accords
with the Act’s overarching vision,
transport system objectives and
decision making principles.
The TIA unifies Victoria’s transport
bodies, realigning their charters
with the common goal of
working collaboratively towards
an integrated and sustainable
transport system. A list of
transport bodies and transport
legislation can be found in the
appendix to this guide.
The Act also recognises the
importance of key non-transport
bodies in achieving transport
outcomes. These ‘interface
bodies’, along with ‘interface
legislation, are defined in
Part 1, Section 3 of the Act.
A list of interface bodies and
interface legislation can be found
in the appendix to this guide.
page 1
The purpose of this document
is to assist local government
to comply with its obligations
under the TIA, either as a
‘transport body’ when exercising
powers, performing functions
or making decisions under
‘transport legislation’ or as
an ‘interface body’ when
exercising powers, performing
functions or making decisions
under ‘interface legislation’.
Note: this document is not a statement
of reasons for the purposes of the
Administrative Law Act 1978 (Vic), or
for the purposes of any other statutory
obligation to give reasons. It is a
suggested form of contemporaneous
record by the decision maker, and as
such it can be used by the decision
maker to compile a statement of
reasons which meets all legislative
requirements, if such a statement is
subsequently required.
Local government as a ‘transport body’
The Act unifies Victoria’s transport bodies. In particular, it realigns their charters with the common goal of working together to foster
greater integration and sustainability.
Under section 24 of the Act, a transport body must have regard to the objectives and principles of the Act in exercising powers,
performing functions and making decisions under any transport legislation.
A Municipal Council is acting as a ‘transport body’ when it is exercising powers, performing functions or making decisions under
transport legislation in its capacity as:
•A local authority within the meaning of section 3(1) of the Marine Act 1988 (ie in respect of State waters or a port);
•A waterway manager within the meaning of section 3(1) of the Marine Act 1988; or
•A coordinating road authority within the meaning of section 3(1) of the Road Management Act 2004.
When acting as a transport body, a Municipal Council must have regard to the objectives and principles of the Act, irrespective of
whether there is likely to be a significant impact on the transport system or not.
Local government as an ‘interface body’
Under section 25 of the Act, ‘interface bodies’ must have regard to the objectives and principles of the Act if they are exercising
a power, performing a function or making a decision under interface legislation which is likely to have a significant impact on the
transport system.
A Municipal Council is acting as an ‘interface body’ when it is exercising powers, performing functions or making decisions under
interface legislation in its capacity as:
• a Municipal Council (in respect of the Local Government Act 1989);
• a planning authority under the Planning and Environment Act 1987;
•the body responsible for land managed or controlled under the Wildlife Act 1975, the Crown Land (Reserves) Act 1978, the Forests Act
1958, the Land Act 1958, the National Parks Act 1975, Part 4 of the Water Industry Act and the Alpine Resorts (Management) Act 1997.
Instructions for completing this form
a)
The decision maker herself or himself should complete this document.
b)Before you complete this document, you must check whether you are in fact a decision maker for a transport body or
interface body acting under transport legislation or interface legislation. (A list of transport and interface bodies and
transport and interface legislation is annexed to this document). If:
•
you are not making a decision for a transport or interface body, or
•
the relevant legislation is not transport or interface legislation,
the obligations in section 24 of the TIA do not apply, and you do not need to use this document.
c)The size and importance of the decision should be taken into account when considering how much detail to include
in this document.
d)These notes should go further than merely expressing your conclusions. They should explain those conclusions and
disclose a reasoning process. A good way of checking this is to ask ‘Do these notes enable a reader to understand
how and why I made the decision I did?’
Transport Integration Act 2010
page 2
Deciding what is ‘likely to have a
significant impact’.
Where a Municipal Council is captured by section 25 of the Transport Integration Act (ie as an interface body), it need
only have regard to the objectives and principles of the Act where the action is ‘likely to have a significant impact on the
transport system’.
Whether or not a particular action or decision is ‘likely to have a significant impact on the transport system’ is a question of fact.
Interface bodies need to use their judgment in determining whether there is likely to be a significant impact on the transport system
in the particular circumstances of each case.
In the past, the courts have interpreted ‘significant impact’ to mean impacts which are important, notable or of consequence,
and which include direct and indirect impacts, short and long term effects, and impacts beyond the immediate geographic area
of the activity.
It may be useful for interface bodies to develop their own internal policies as to the meaning of ‘significant impact’. Practical
interpretations of ‘significant impact’ include impacts which are ‘appreciable’, ‘material’, or ‘substantial’. It is also important to
remember that an impact does not need to be certain to be considered ‘significant’. An impact on the transport system need only
be ‘likely’.
Section 3 of the Act broadly defines the ‘transport system’ as ‘all the components which make up the system for the movement
of persons and goods’, including physical, management, labour and service components. The significance of impacts should be
assessed in relation to the transport system as a whole, and not a particular element of the transport system.
Parts One and Two of this guide provide a suggested framework to help you decide the threshold issue of whether or not making a
decision, exercising a power or performing a function is ‘likely to have a significant impact on the transport system’.
Having regard to the objectives and principles.
Whether acting as a ‘transport body’ or as an ‘interface body’, a Municipal Council must then have regard to the Act’s transport system
objectives and decision making principles.
In addition, both transport and interface bodies must have regard to any applicable ‘statement of policy principles’. Check for
statements of policy principles at www.transport.vic.gov.au/legislation
Parts One and Three of this guide provide a suggested framework to help you document how you have done this. The framework
provides for relative weighting of factors, because the objectives and principles will vary in their relevance to particular situations.
This guide is intended to provide Municipal Councils with a flexible tool to assist in the recording of their explanation at the time of the
action or decision, and to refresh their memories if in the future they need to provide formal reasons for their actions or decision.
Councils are encouraged to extend, reduce and/or amend the framework as appropriate. The amount of detail that needs to
be recorded for a given action or decision will be determined by several factors, including the size, importance, complexity and
urgency of that action or decision.
For more information visit www.transport.vic.gov.au/legislation
Transport Integration Act 2010
page 3
Part One: Overview of decision
What is your name?
What is your title?
On behalf of which ‘interface body’ are you making this decision? (See annexure eg VicRoads).
If known, what is the relevant ‘interface legislation’? (See annexure eg Road Management Act).
Are you making this decision in your capacity as a delegate? (If yes, provide details of the delegation).
Provide the date that you completed this document.
What is the purpose of making this decision?
Summarise your decision in one or two sentences.
Transport Integration Act 2010
page 4
Part Two: How to decide ‘significant impact’.
This guide is intended to provide general assistance to an interface body in deciding if a decision or action is
‘likely to have a significant impact on the transport system’.
The guide has been prepared by the Department of Transport on the advice of the Interface Bodies Working Group
established as part of the TIA Implementation Project.
It is not intended to be prescriptive and an interface body must consider the specific issues involved in each decision or action.
It is up to the interface body to determine the relevance or significance to be given to any likely impact considered.
The transport system is defined in Section 3 of the Act.
The questions in this guide are based on a decision or action by an interface body when acting as a Planning Authority in relation to a
proposed Planning Scheme Amendment (referred to as ‘a proposal’). This will be The questions and tests can be easily adapted for
other decisions or actions.
When considering the significance of an impact, consider both the local and network-wide impacts of the proposal and the cumulative
impact of the proposal in relation to existing and known approved proposals.
To determine if a decision or action is likely to have a significant impact on the transport system, two questions need to be answered:
1. Is there an impact on the transport system?
Consider whether the final outcome of the proposal will require or generate a change to the current or future transport system.
If a proposal does not require or generate a change, then it can have no impact on the system and does not need to be considered
further. If the proposal does require or generate a change, proceed to the second question.
2. Is the impact on the transport system significant?
To determine if a change to the system may be significant, it is helpful to consider three threshold tests. These tests will help form a
cumulative view of the significance of any impacts.
Transport Integration Act 2010
page 5
TEST 1: Will the proposal add to or alter part of the current or future transport system?
Indicators could be:
• Will the proposal exceed any relevant Department of Transport referral trigger?
• Is an investment of more than $500,000 in a transport asset required?
•Will the proposal reduce the efficiency or reliability of transport networks (eg Principal Public Transport Network,
Principal Freight Network, Principal Cycling Network)?
TEST 2: Will the proposal change service levels?
Indicators could be:
•Will the proposal significantly change a service level (eg peak period delays increase by more than 10%, train loads exceed
900 people)?
• Will the proposal reduce the current capacity of an asset or mode?
• Will the proposal affect equitable access to the transport system?
• Will the proposal affect the wider road or public transport network or is the effect localised?
• Will the proposal displace a significant existing user group or transport mode?
TEST 3: Will the proposal impact on public safety?
Indicators could be:
• Will the proposal diminish the level of safety?
• Will the proposal increase risk within any part of the transport system?
Transport Integration Act 2010
page 6
Part Three: How to consider the transport
system objectives and decision making principles.
Tip: Under sections 26 and 27 of the TIA, a transport body or interface body may determine the weight to give to each transport system objective
and decision making principles.
Transport System Objectives (Division 2, Part 2, TIA)
Social and economic inclusion (section 8, TIA):
The transport system should provide a means by which persons can access social and economic opportunities to support
individual and community wellbeing including by:
(a)minimising barriers to access so that so far as is possible the transport system is available to as many persons as wish to use it;
(b) providing tailored infrastructure, services and support for persons who find it difficult to use the transport system.
Have you used this objective in making this decision? If so, how?
Economic prosperity (section 9, TIA)
The transport system should facilitate economic prosperity by:
(a) enabling efficient and effective access for persons and goods to places of employment, markets and services;
(b) increasing efficiency through reducing costs and improving timeliness;
(c) fostering competition by providing access to markets;
(d) facilitating investment in Victoria;
(e) supporting financial sustainability.
Have you used this objective in making this decision? If so, how?
Transport Integration Act 2010
page 7
Environmental sustainability (section 10, TIA):
The transport system should actively contribute to environmental sustainability by—
(a)protecting, conserving and improving the natural environment;
(b)avoiding, minimising and offsetting harm to the local and global environment, including through transport-related
emissions and pollutants and the loss of biodiversity;
(c)promoting forms of transport and the use of forms of energy and transport technologies which have the least impact
on the natural environment and reduce the overall contribution of transport-related greenhouse gas emisisons;
(d)improving the environmental performance of all forms of transport and the forms of energy used in transport;
(e) preparing for and adapting to the challenges presented by climate change.
Have you used this objective in making this decision? If so, how?
Transport Integration Act 2010
page 8
Integration of transport and land use (section 11, TIA):
(1)The transport system should provide for the effective integration of transport and land use and facilitate
access to social and economic opportunities.
(2)Without limiting the generality of subsection (1), transport and land use should be effectively integrated so as to
improve accessibility and transport efficiency with a focus on—
(a) maximising access to residences, employment, markets, services and recreation;
(b) planning and developing the transport system more effectively;
(c) reducing the need for private motor vehicle transport and the extent of travel;
(d) facilitating better access to, and greater mobility within, local communities.
(3)Without limiting the generality of subsection (1), the transport system and land use should be aligned, complementary and
supportive and ensure that—
(a) transport decisions are made having regard to the current and future impact on land use;
(b)land use decisions are made having regard for the current and future development and operation of the
transport system;
(c)transport infrastructure and services are provided in a timely manner to support changing land use and associated
transport demand.
(4)Without limiting the generality of subsection (1), the transport system should improve the amenity of communities and
minimise impacts of the transport system on adjacent land uses.
Have you used this objective in making this decision? If so, how?
Transport Integration Act 2010
page 9
Efficiency, coordination and reliability (section 12, TIA):
(1)The transport system should facilitate network-wide efficient, coordinated and reliable movements of
persons and goods at all times.
(2) Without limiting the generality of subsection (1), the transport system should—
(a)balance efficiency across the network so as to optimise the network capacity of all modes of transport
and reduce journey times;
(b) maximise the efficient use of resources including infrastructure, land, services and energy;
(c) facilitate integrated and seamless travel within and between different modes of transport;
(d)provide predictable and reliable services and journey times and minimise any inconvenience
caused by disruptions to the transport system.
Have you used this objective in making this decision? If so, how?
Safety and health and wellbeing (section 13, TIA):
(1) The transport system should be safe and support health and wellbeing.
(2) Without limiting the generality of subsection (1), the transport system should—
(a) seek to continually improve the safety performance of the transport system through—
(i)
safe transport infrastructure;
(ii) safe forms of transport;
iii) safe transport system user behaviour;
(b) avoid and minimise the risk of harm to persons arising from the transport system;
(c)promote forms of transport and the use of forms of energy which have the greatest benefit for, and least negative
impact on, health and wellbeing.
Have you used this objective in making this decision? If so, how?
Transport Integration Act 2010
page 10
Decision Making Principles (Division 3, Part 2, TIA)
Principle of integrated decision making (section 15, TIA):
The principle of integrated decision making means seeking to achieve Government policy objectives through coordination
between all levels of government and government agencies and with the private sector.
Have you used this principle in making this decision? If so, how?
Principle of triple bottom line assessment (section 16, TIA):
The principle of triple bottom-line assessment means an assessment of all the economic, social and environmental
costs and benefits taking into account externalities and value for money.
Have you used this principle in making this decision? If so, how?
Principle of equity (section 17, TIA):
The principle of equity means—
(a) equity between persons irrespective of their—
(i)
personal attributes, including age, physical ability, ethnicity, culture, gender and financial situation; or
(ii)
location, including whether in a growth, urban, regional, rural or remote area;
(b) equity between generations by not compromising the ability of future generations to meet their needs.
Have you used this principle in making this decision? If so, how?
Transport Integration Act 2010
page 11
Principle of the transport system user perspective (section 18, TIA):
The transport system user perspective means—
(a)
understanding the requirements of transport system users, including their information needs;
(b)
enhancing the useability of the transport system and the quality of experiences of the transport system.
Have you used this principle in making this decision? If so, how?
Precautionary principle (section 19, TIA):
(1)The precautionary principle means that if there are threats of serious or irreversible environmental
damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent
environmental degradation.
(2) The precautionary principle includes—
(a) a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and
(b) an assessment of the risk-weighted consequences of various options.
Have you used this principle in making this decision? If so, how?
Transport Integration Act 2010
page 12
Principle of stakeholder engagement and community participation (section 20, TIA):
The principle of stakeholder engagement and community participation means—
(a)taking into account the interests of stakeholders, including transport system users and members of the
local community;
(b)
adopting appropriate processes for stakeholder engagement.
Have you used this principle in making this decision? If so, how?
Principle of transparency (section 21, TIA):
The principle of transparency means members of the public should have access to reliable and relevant
information in appropriate forms to facilitate a good understanding of transport issues and the process by which
decisions in relation to the transport system are made.
Have you used this principle in making this decision? If so, how?
Transport Integration Act 2010
page 13
Part Four: Provide decision making notes by
using the following outline.
The Decision
Note: Recommendations must be given careful consideration by the decision maker, and not simply adopted as a matter of course.
The information and material you used in your decision:
• If possible, you should list all information and material you used and referred to in reaching and making your decision.
• Identify what key aspects of that material and/or which parts of that material you particularly relied on.
Response from decision maker
Transport Integration Act 2010
page 14
Factual conclusions:
•Set out what were the important factual conclusions you reached, especially if there was a controversy or dispute
on the material before you about what factual conclusions should be reached. Response from decision maker
Transport Integration Act 2010
page 15
The rationale for the decision:
•Explain in a few sentences why you made your decision. Indicate which principles and objectives you gave
the most weight, and why.
Response from decision maker
Transport Integration Act 2010
page 16
Annexure: Transport Bodies and Transport Legislation
Section 3 of the Transport Integration Act defines transport bodies as the following:
(a) the Minister for Public Transport;
(b) the Minister administering any other transport legislation in respect of the transport system;
(c) the Department;
(d) a Department or public entity engaged in the development of policy in respect of the transport system;
(e) the Secretary;
(f)
the Transport Infrastructure Development Agent;
(g) the Director of Public Transport;
(h) the Director, Transport Safety;
(i)
the Chief Investigator, Transport Safety;
(j)
the Roads Corporation;
(k) the licensing authority within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983;
(l)
the Linking Melbourne Authority;
(m)the Public Transport Ticketing Body within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983;
(n) the Victorian Rail Track;
(o) the V/Line Corporation;
(p) the Port of Melbourne Corporation established under section 10 of the Port Services Act 1995;
(q) the Port of Hastings Corporation established under section 17A of the Port Services Act 1995;
(r)
the Victorian Regional Channels Authority established under section 18 of the Port Services Act 1995;
(s) a local authority within the meaning of section 3(1) of the Marine Act 1988;
(t)
a waterway manager within the meaning of section 3(1) of the Marine Act 1988;
(u) the Infrastructure Reference Panel established under section 31 of the Road Management Act 2004;
(v)the Essential Services Commission established under section 7 of the Essential Services Commission Act 2001 when it is
exercising its functions and powers under any transport legislation in respect of the transport system;
(w) a coordinating road authority within the meaning of section 3(1) of the Road Management Act 2004;
(x) a committee, board, council or other body established by the Minister under any transport legislation;
(y) a person or body which is declared to be a transport body—
(i)
by the Act under which the person is appointed or the body is established; or
(ii)
by the transport legislation under which functions or powers are conferred on the person or body—
either generally or in respect of the exercise of the functions or powers in respect of which the person or body
is declared to be a transport body by the Act or transport legislation;
(z)a public body which is declared to be a transport body under any transport legislation by an Order in Council made under
section 4 either generally or in respect of the exercise of the functions or powers in respect of which the public body is
declared to be a transport body by the Order in Council.
Transport Integration Act 2010
page 17
Section 3 of the Transport Integration Act defines interface bodies as the following:
(a)in respect of the Conservation, Forests and Lands Act 1987, the body corporate established under that Act
under the name Secretary to the Department of Sustainability and Environment;
(b) in respect of the Local Government Act 1989, a Municipal Council;
(c) in respect of the Parks Victoria Act 1998, Parks Victoria established under that Act;
(d) in respect of the Planning and Environment Act 1987—
(i)
a planning authority under that Act;
(ii)
the Growth Areas Authority established under section 46AQ of that Act;
(e) in respect of the Major Transport Projects Facilitation Act 2009—
(i)
a project authority appointed under section 6 of that Act;
(ii)
a project proponent appointed under section 15 of that Act;
(iii) an assessment committee established under section 35 of that Act;
(f)
in respect of the Project Development and Construction Management Act 1994, a Minister or facilitating agency;
(g)in respect of the Victorian Urban Development Authority Act 2003, the Victorian Urban Development Authority established
under that Act;
(h) in respect of any interface legislation, a Minister administering the interface legislation;
(i)in respect of land managed or controlled under the Wildlife Act 1975, the Crown Land (Reserves) Act 1978, the Forests
Act 1958, the Land Act 1958, the National Parks Act 1975, Part 4 of the Water Industry Act 1994 or the Alpine Resorts
(Management) Act 1997, the person or body responsible for the management or control of that land;
(j)
a person or body which is declared to be an interface body—
(i)
by the Act under which the person is appointed or the body is established; or
(ii)
by the interface legislation under which functions or powers are conferred on the person or body—
either generally or in respect of the exercise of the functions or powers in respect of which the person or body is declared
to be an interface body by the Act or interface legislation;
(k)a public body which is declared to be an interface body by an Order in Council made under section 4 either generally
or in respect of the exercise of the functions or powers in respect of which it is declared to be an interface body by the
Order in Council.
Transport Integration Act 2010
page 18
Section 3 of the Transport Integration Act defines transport legislation as the following:
(a) Accident Towing Services Act 2007;
(b) Border Railways Act 1922;
(c) Bus Safety Act 2009;
(d) Public Transport Competition Act 1995;
(e) Business Franchise (Petroleum Products) Act 1979;
(f)
Eastlink Project Act 2004;
(g) Marine Act 1988;
(h) Melbourne City Link Act 1995;
(i)
National Rail Corporation (Victoria) Act 1991;
(j)
Pollution of Waters by Oil and Noxious Substances Act 1986;
(k) Port Services Act 1995;
(l)
Rail Management Act 1996;
(m) Rail Safety Act 2006;
(n) Road Management Act 2004;
(o) Road Safety Act 1986;
(p) Transport (Compliance and Miscellaneous) Act 1983;
(q) Very Fast Train (Route Investigation) Act 1989;
(r)
Westernport (Crib Point Terminal) Act 1963;
(s) any other Act or provision of any other Act which is declared to be transport legislation by that other Act;
(t)
the Transport Integration Act 2010;
(u) any regulations or other subordinate instrument made under an Act which is transport legislation.
Transport Integration Act 2010
page 19
Section 3 of the Transport Integration Act defines interface legislation as the following:
(a) Alpine Resorts (Management) Act 1997;
(b) Conservation, Forests and Lands Act 1987;
(c) Crown Land (Reserves) Act 1978;
(d) Forests Act 1958;
(e) Land Act 1958;
(f)
Local Government Act 1989;
(g) Major Transport Projects Facilitation Act 2009;
(h) National Parks Act 1975;
(i)
Parks Victoria Act 1998;
(j)
Planning and Environment Act 1987;
(k) Project Development and Construction Management Act 1994;
(l)
Victorian Urban Development Authority Act 2003;
(m) Part 4 of the Water Industry Act 1994;
(n) Wildlife Act 1975;
(o) any other Act or provision of any other Act which is declared to be interface legislation by that other Act;
(p) any regulations or other subordinate instrument made under an Act which is interface legislation.
Transport Integration Act 2010
page 20