Transport Governance and Regulation
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The Department of Infrastructure Energy and Resources has an overarching role in facilitating the safe and efficient movement of people and freight. It is responsible for policy and planning, general safety, management of State roads and bridges and the provision of some contracted transport services.
Air
Aviation in Australia is regulated by the Commonwealth’s Civil Aviation Safety Authority (CASA). CASA's primary function is enforcement of the Civil Aviation Act 1988.
Air traffic control and fire and rescue services are the responsibility of Air Services Australia.
Hobart Airport
Hobart International Airport Pty Ltd is a wholly owned subsidiary of The Tasmanian Ports Corporation Pty Ltd (TasPorts), a registered, private company fully owned by the Tasmanian Government.
Launceston Airport
Australia Pacific Airports Corporation (APAC), in conjunction with the Launceston City Council, acquired the lease for Launceston Airport in May 1998 from Federal Airports Corporation.
Burnie Airport
Burnie Airport Corporation Pty Ltd, is a joint venture between Burnie City Council (51 percent) and Australian Regional Airports Pty Ltd (49%).
Devonport Airport
Devonport airport is owned and operated by TasPorts.
King Island Airport
The King Island Council owns and operates the airport on King Island.
Flinders Island Airport (Whitemark)
The Flinders Island Council owns and operates Whitemark Airport.
Table 1: Air Transport Legislation
| Legislation | Function | Regulations | Legislation Source and Administering Agency |
| Commonwealth Powers (Air Transport) Act 1952 | Provides for matters of air transport to be referred to the Commonwealth Parliament | DIER (State) | |
| Air Navigation Act 1937 | Provides for the application of Commonwealth Air Navigation Regulations in relation to air navigation within Tasmania | DIER (State) | |
| Damage by Aircraft Act 1963 | Makes provisions in respect of liability for damage caused by aircraft | DIER (State) | |
| Aerodrome Fees Act 2002 | Provides for the fixing and recovery of aerodrome fees relating to aircraft activities | DIER (State) | |
| Civil Aviation (Carriers Liability) Act 1963 | Provides for the application of certain laws of the Commonwealth to and in relation to the carriage of passengers by air within this State | DIER (State) | |
| Civil Aviation Act 1988 | Establishes a Civil Aviation Authority with functions relating to the safety of civil aviation | Department of Transport and Regional Services (Commonwealth) | |
| Civil Aviation (Carriers Liability) Act 1959 | Legislates in relation to carriage by air and the carrier’s liability | Civil Aviation (Carriers' Liability) Regulations 1991 | Department of Transport and Regional Services (Commonwealth) |
| Airports Act 1996 | Provides a system for regulating airports | Airports Regulations 1997 | Department of Transport and Regional Services (Commonwealth) |
| Air Navigation Act 1920 | Regulates air navigation | Air Navigation Regulations 1947 | Department of Transport and Regional Services (Commonwealth) |
| International Air Services Commission Act 1992 | Establishes the International Air Services Commission and outlines its responsibilities | International Air Services Commission Regulations 1992 | Department of Transport and Regional Services (Commonwealth) |
| Qantas Sale Act 1992 | Relates to the sale of Qantas Airways Limited | Department of Transport and Regional Services (Commonwealth) | |
| Air Services Act 1995 | Establishes a body called Airservices Australia, with functions relating to aviation | Air Services Regulations 1995 | Department of Transport and Regional Services (Commonwealth) |
| Air Passenger Ticket Levy (Collection) Act 2001 | Provides for a levy on certain air passenger tickets | Air Passenger Ticket Levy (Collection) Regulations 2001 | Department of Transport and Regional Services (Commonwealth) |
Roads
The responsibility for road infrastructure and safety funding is shared between Commonwealth, State and local government.
Vehicles up to the size of tri-axle semi trailers have general access to the whole road network. The Approved Higher Productivity and Higher Mass Limits networks allow movement of vehicles up to the size of B-doubles along most of the important freight routes. This network is administered by the Department of Infrastructure, Energy and Resources.
Commonwealth Role
The Australian Government provides funding for parts of the State road network under the AusLink program 2004/05 – 2008/09. It also provides funding under the Australian Government Black Spot Program.
The AusLink National Land Transport Network in Tasmania includes the transport corridors:
- Hobart to Launceston;
- Launceston to Bell Bay; and
- Launceston to Burnie.
The Australian Government has made a commitment to allocate $49.23 million over four years for various infrastructure projects on the AusLink Network.
As part of its Black Spot Program, the Australian Government has committed $1.116 million each year until 2007-08. This level of funding allows the treatment of around 20-25 sites a year on all roads across Tasmania.
State Roads
Tasmania's State Roads are those owned and managed by the State Government through the Department of Infrastructure, Energy and Resources (DIER).
State roads are classified under the Road Hierarchy categories as either:
- Category 1 Trunk Roads, which are the most important roads interconnecting Tasmania;
- Category 2 Regional Freight Roads, which are Tasmania’s major regional roads for carrying heavy freight;
- Category 3 Regional Access Roads, which are the main access roads to Tasmania’s regions, but carry less heavy freight traffic than Regional Freight Roads;
- Category 4 Feeder Roads which allow safe travel between towns, major tourist destinations and industrial areas; and
- Category 5 Other Roads, which are the remainder of the State Roads.
Local Council Roads and Streets
Each of the Local Government Authorities are responsible for the “local highways” within its municipality (commonly referred to as “local roads” or “council roads and streets”).
Table 2: Road Infrastructure Legislation
| Legislation | Function | Regulations | Legislation Source and Administering Agency |
| AusLink (National Land Transport) Act 2005 | A Bill for an Act to provide for the funding of projects related to land transport matters | Department of Transport and Regional Services (Commonwealth) | |
| AusLink (National Land Transport - Consequential and Transitional Provisions) Act 2005 | An Act to amend laws, and to deal with transitional matters, in connection with the AusLink (National Land Transport) Act 2005 | Department of Transport and Regional Services (Commonwealth) | |
| Roads and Jetties Act 1935 | Main source of law on State highways and subsidiary roads | DIER (State) | |
| Local Government (Highways) Act 1982 | Main source of law on local highways | Local Government (Highways) Regulations 2003 | DPAC (State) |
| Traffic Act 1925 | Contains traffic management provisions that relate to all roads open to the public |
Traffic (Road Rules) Regulations 1999 |
DIER (State) |
| Transport Act 1981 | Deals with any means of transport by road, water or air. Establishes the Transport Commission to regulate transport within the State | DIER (State) | |
| Vehicle & Traffic Act 1999 | Deals with the licensing of drivers, registration of vehicles and traffic management and control |
Vehicle and Traffic (Review of Decisions) Regulations 2000 Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 |
Table 3: Passenger Transport Legislation
| Legislation | Function | Regulations | Legislation Source and Administering Agency |
| Replaces the public vehicle licensing system with a more flexible scheme of administration that applies only to certain passenger vehicles and passenger transport services | DIER (State) | ||
| Passenger Transport (Consequential And Transitional) Act 1997 | Provides for transitional and savings matters referring to the Passenger Transport Act 1997 and for the purposes of statute law revision | Passenger Transport (Transitional) Regulations 2000 | DIER (State) |
| Taxi And Luxury Hire Car Industries Act 1995 | Provides for the effective administration of modernised taxi and luxury hire car industries and caps taxi licence values | DIER (State) |
Table 4: Traffic and Vehicles Legislation
| Legislation | Function | Regulations | Legislation Source and Administering Agency |
| Controls vehicular and other traffic | DIER (State) | ||
| Vehicle and Traffic Act 1999 | Provides for the licensing of drivers of motor vehicles, the registration of motor vehicles and trailers and the imposition of motor taxes | DIER (State) | |
| Motor Accidents (Liabilities and Compensation Act) 1973 | Provides for the discharge of liabilities in respect of deaths and bodily injuries arising from motor accidents and for the payment of compensation |
|
DIER (State) |
Rail Infrastructure
Railways are regulated in Tasmania by the Department of Infrastructure Energy and Resources, through the Rail Safety Act 1997 and the Rail Safety Regulations 1999 which require railway owners and operators in Tasmania to be rail safety accredited. At least annually, audits are performed to verify compliance with the safety management systems.
Table 5: Rail Transport and Infrastructure Legislation
| Legislation | Function | Regulations | Legislation Source and Administering Agency |
| Rail Safety Act 1997 | Promotes the safe construction, maintenance and operation of railways | Rail Safety Regulations 1999 | DIER (State) |
Shipping
Marine and Safety Tasmania (MAST) is the statutory authority responsible for the safe operation of all recreational boats and commercial vessels up to 500t, or 35m in length, in Tasmania.
TasPorts is responsible for the operations and management of all ports in Tasmania.
Table 6: Shipping Transport and Infrastructure Legislation
| Legislation | Function | Regulations | Legislation Source and Administering Agency |
| Roads and Jetties Act 1935 | Provides for the control and management of jetties and marine facilities | DIER (State) | |
| Marine and Safety Authority Act 1997 | Provides for the establishment and outlines the functions of a marine and safety authority | DIER (State) | |
| Tasmanian Ports Corporation Act 2005 | Makes provision for the control and management of all Tasmanian ports to be undertaken by the Tasmanian Ports Corporation | DIER (State) | |
| TT-Line Arrangements Act 1993 | Establishes a company (TT-Line) under the Corporations Law | DIER (State) |
This page - http://www.iris.tas.gov.au/infrastructure/transport/governance_and_regulation - was last published on
4th July 2008 by the Department of Infrastructure, Energy and Resources, State of Tasmania. Questions concerning this site or its content can be submitted via the feedback form, by mail to GPO Box 936, Hobart, TAS, Australia, 7001 or by phoning +61 3 6233 5168.
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