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This is a Bill, not an Act. For current law, see the Acts databases.


Puffing Billy Railway Bill 2022

                 Puffing Billy Railway Act 2022
                              No.           of 2022


                       TABLE OF PROVISIONS
Clause                                                     Page

Part 1--Preliminary                                           1
 1       Purposes                                            1
 2       Commencement                                        2
 3       Definitions                                         2
Part 2--Puffing Billy Railway Board                           4
Division 1--Puffing Billy Railway Board                       4
 4       Establishment of the Board                          4
 5       Board represents the Crown                          4
 6       Objectives of the Board                             4
 7       Functions of the Board                              5
 8       Powers of the Board                                 6
 9       Ministerial direction                               7
 9A      Stakeholder consultative committee                  7
Division 2--Directors of the Board                            9
 10      Appointment of directors of the Board                9
 11      Chairperson and deputy chairperson of the Board     10
 12      Terms and conditions of appointment                 10
 13      Reimbursement of directors                          10
 14      Suspension and removal of directors                 10
 15      Vacancies on the Board                              11
 16      Appointment of acting directors                     12
 17      Validity of acts and decisions of the Board         12
 18      Immunity of directors                               13
Division 3--Procedures of the Board                           13
 19      Rules, policies and procedures of the Board         13
 20      Meetings of the Board                               13
 21      Conflicts of interest                               14
 22      Delegation by the Board                             14
Division 4--Chief executive officer                           14
 23 Appointment of the chief executive officer               14
 24 Functions of the chief executive officer                 15



                                        i
Clause                                                         Page

 25 Delegation by the chief executive officer                    15
 26 Appointment of an acting chief executive officer             16
Division 5--Matters relating to land                              16
 27 Leases, licences and easements over land                     16
 28 Restriction on disposals of land                             17
Division 6--Disclosure and reporting requirements                 17
 29      Minister may request information from the Board         17
 30      Board must report certain incidents and risks           17
 31      Strategic plans--preparation and approval                18
 32      Strategic plans--revisions and other requirements        20
 33      Rail corridor plan--preparation and approval             20
 34      Rail corridor plan--revisions and other requirements     21
Division 7--Other matters                                         21
 35 Fencing                                                      21
 36 Clearance of trees and wood                                  22
 37 Level crossings                                              23
Part 3--Regulations                                               24
 38 Regulations                                                  24
Part 4--Repeal and transitional provisions                        26
 39      Definitions                                             26
 40      Repeal of Emerald Tourist Railway Act 1977              26
 41      Old Board members to be new Board directors             26
 42      New Board succeeds old Board                            26
 43      Transfer of employees                                   27
 44      Duties and other taxes                                  28
Part 5--Consequential amendments                                  29
 45 Borrowing and Investment Powers Act 1987                     29
 46 Tourist and Heritage Railways Act 2010                       29
 47 Repeal of this Part                                          29
                        ═════════════
Endnotes                                                         30
 1       General information                                     30




                                      ii
      Puffing Billy Railway Act 2022 
                    No.           of 2022

                           [Assented to                          ]


The Parliament of Victoria enacts:


                Part 1--Preliminary
     1 Purposes
             The main purposes of this Act are--
              (a) to establish the Puffing Billy Railway Board;
                  and
              (b) to provide for the objectives, functions and
                  powers of the Board; and
              (c) to provide for the growth and development
                  of the Puffing Billy Railway; and




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                 Part 1--Preliminary


        (d) to require business and strategic planning for
            the development and long-term sustainability
            and viability of the Puffing Billy Railway;
            and
        (e) to recognise the heritage significance of the
            Puffing Billy Railway; and
        (f) to recognise the importance of volunteers to
            the operation of the Puffing Billy Railway;
            and
        (g) to repeal the Emerald Tourist Railway
            Act 1977.
2 Commencement
   (1) Subject to subsection (2), this Act comes into
       operation on a day or days to be proclaimed.
   (2) If a provision of this Act does not come into
       operation before 1 July 2023, it comes into
       operation on that day.
3 Definitions
       In this Act--
       approved strategic plan means a strategic plan
           approved under section 31;
       chief executive officer means the person
            appointed as chief executive officer under
            section 23;
       director means a director of the Board;
       financial accommodation has the same meaning
            as in the Borrowing and Investment
            Powers Act 1987;
       financial arrangement has the same meaning as
            in the Borrowing and Investment Powers
            Act 1987;
       interface agreement has the same meaning as in
             the Rail Safety National Law (Victoria);


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    Puffing Billy Railway Act 2022
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         Part 1--Preliminary


Puffing Billy Preservation Society means the
     company registered as a company limited by
     guarantee under the Corporations Act under
     the name "Puffing Billy Preservation
     Society" (ABN 79 004 621 505);
Puffing Billy Railway includes--
      (a) any land vested in or owned, leased or
          managed by the Board; and
      (b) any rail infrastructure, facilities or
          rolling stock owned, leased or managed
          by the Board;
rail infrastructure has the same meaning as in the
      Rail Safety National Law (Victoria);
rolling stock has the same meaning as in the Rail
      Safety National Law (Victoria);
the Board means the Puffing Billy Railway Board
     continued under section 4.




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            Puffing Billy Railway Act 2022
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         Part 2--Puffing Billy Railway Board



Part 2--Puffing Billy Railway Board
 Division 1--Puffing Billy Railway Board
4 Establishment of the Board
   (1) The Emerald Tourist Railway Board established
       under section 2 of the Emerald Tourist Railway
       Act 1977 (as in force immediately before the
       commencement of this section) is continued under
       this Act as the Puffing Billy Railway Board.
   (2) The Board--
        (a) is a body corporate with perpetual
            succession; and
        (b) must have a common seal; and
        (c) may sue or be sued; and
        (d) may acquire, hold and dispose of real and
            personal property; and
        (e) may do or suffer anything which by law a
            body corporate may do or suffer.
   (3) The common seal of the Board must be--
        (a) kept as directed by the Board; and
        (b) used only as authorised by the Board.
   (4) All courts must take judicial notice of the
       common seal on a document and, until the
       contrary is proved, must presume that the
       document was properly sealed.
5 Board represents the Crown
       The Board represents the Crown.
6 Objectives of the Board
       The Board has the following objectives--
        (a) to ensure the economic sustainability and
            viability of the Puffing Billy Railway;


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        (b) to maintain and develop the heritage
            significance of the Puffing Billy Railway;
        (c) to manage and promote the safe operation of
            the Puffing Billy Railway;
        (d) to promote the tourism offering of, and to
            enhance the visitor experience provided by,
            the Puffing Billy Railway and the
            surrounding region;
        (e) to recognise the importance of volunteer
            participation in the operation of the Puffing
            Billy Railway;
        (f) to promote understanding of and education
            relating to rail heritage;
        (g) to promote the preservation of narrow gauge
            rail heritage;
        (h) to develop and maintain partnerships with
            community organisations and businesses;
        (i) to develop and maintain harmonious
            relations between the Board, volunteers and
            the community;
        (j) to provide a safe, inclusive and diverse
            working environment for employees and
            volunteers.
7 Functions of the Board
   (1) The Board has the following functions--
        (a) to operate, manage and maintain the
            infrastructure and assets of the Puffing Billy
            Railway in a safe, effective and efficient
            manner;
        (b) to manage volunteer engagement with the
            Puffing Billy Railway;




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        (c) to develop suitable marketing and
            communications strategies for activities
            relating to the Puffing Billy Railway;
        (d) to report to the Minister as required under
            this Act, including in relation to incidents
            and other matters relating to the safety of the
            Puffing Billy Railway;
        (e) any other function conferred on the Board
            under this or any other Act.
   (2) In performing its functions, the Board must--
        (a) operate on a not-for-profit basis; and
        (b) operate in an open, transparent and
            accountable manner; and
        (c) have regard to--
              (i) the objectives set out in section 6; and
             (ii) the benefits of volunteerism; and
            (iii) the need for continuous improvement in
                  the operation and management of the
                  Puffing Billy Railway; and
             (iv) the expectations of the community in
                  relation to the Board's activities and its
                  use of public money and volunteer
                  time.
8 Powers of the Board
   (1) Subject to this section, the Board has the power to
       do all things necessary or convenient to achieve
       its objectives and to perform its functions under
       this Act, including the power--
        (a) to enter into any agreement, contract, lease,
            licence or easement; and
        (b) to engage persons as employees, consultants,
            contractors or agents; and



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            Part 2--Puffing Billy Railway Board


          (c) for any purpose consistent with the Board's
              objectives and functions, to accept
              appointment as the committee of
              management of any land reserved under the
              Crown Land (Reserves) Act 1978.
     (2) The Board must not enter into a contract or
         agreement for which the consideration exceeds
         $1 million without the written approval of the
         Minister.
     (3) The Board has the powers conferred on it by the
         Borrowing and Investment Powers Act 1987 for
         the purpose of performing its functions and
         exercising its powers under this Act.
     (4) The Board must not borrow any amount under a
         financial accommodation or financial arrangement
         without the written approval of the Minister.
 9 Ministerial direction
     (1) The Board is subject to the general direction and
         control of the Minister in performing its functions
         and exercising its powers under this Act.
     (2) The Minister may give specific written directions
         to the Board relating to the performance of
         functions or the exercise of powers by the Board
         under this Act.
     (3) The Board must comply with a written direction
         given under subsection (2).
9A Stakeholder consultative committee
     (1) The Board must establish a stakeholder
         consultative committee in relation to the Puffing
         Billy Railway within 12 months of the
         commencement of this section.
     (2) The function of the stakeholder consultative
         committee is to provide to the Board comments
         regarding the following matters--



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     (a) business and strategic matters relating to the
         Puffing Billy Railway;
     (b) the safe operation and management of the
         Puffing Billy Railway;
     (c) the visitor experience provided by the
         Puffing Billy Railway and the surrounding
         region;
     (d) the recruitment, engagement, recognition and
         retention of volunteers;
     (e) the maintenance and preservation of the
         heritage of the Puffing Billy Railway.
(3) The stakeholder consultative committee must
    consist of members who represent persons whose
    interests the Board considers may be affected by
    the matters referred to in subsection (2), including
    members who represent the following--
     (a) the Puffing Billy Preservation Society;
     (b) community service groups;
     (c) local heritage groups;
     (d) volunteers of the Puffing Billy Railway;
     (e) local trader associations, chambers of
         commerce and tourism organisations;
     (f) communities located near land forming part
         of the Puffing Billy Railway;
     (g) Councils, within the meaning of the Local
         Government Act 2020, whose municipal
         districts include land forming part of the
         Puffing Billy Railway;
     (h) schools, within the meaning of the
         Education and Training Reform Act 2006,
         that are located near land forming part of the
         Puffing Billy Railway;




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          (i) children and young people associated with
              the Puffing Billy Railway.
    (4) The stakeholder consultative committee must
        meet at least twice each year.

     Division 2--Directors of the Board
10 Appointment of directors of the Board
    (1) The Board must consist of at least 5 but not more
        than 10 directors appointed by the Governor in
        Council on the recommendation of the Minister.
    (2) In recommending persons to be directors of the
        Board, the Minister must ensure that--
         (a) the directors collectively possess skills,
             knowledge and experience in the following
             areas--
               (i) heritage preservation;
              (ii) operation and safety of railways;
              (iii) tourism;
              (iv) economic development;
               (v) marketing and communications;
              (vi) financial management;
             (vii) law;
            (viii) public governance;
              (ix) any other area that the Minister, after
                   consulting with the Board, considers
                   appropriate; and
         (b) no more than 2 directors are, or were within
             the previous 12 months, members of the
             Puffing Billy Preservation Society.
    (3) A member of the Puffing Billy Preservation
        Society who also holds an elected position within
        the Society, or held an elected position within the


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        previous 12 months, is not eligible for
        appointment.
11 Chairperson and deputy chairperson of the Board
    (1) The Minister must appoint one of the directors to
        be the chairperson of the Board.
    (2) The Minister may appoint one of the directors to
        be the deputy chairperson of the Board.
    (3) If the chairperson is absent or unable to perform
        duties as the chairperson for a period of not more
        than 3 months, the Minister may appoint one of
        the directors to be the acting chairperson during
        that period.
12 Terms and conditions of appointment
    (1) A director holds office--
         (a) on the terms and conditions specified in the
             instrument of appointment; and
         (b) for the period, not longer than 3 years,
             specified in the instrument of appointment.
    (2) A director is eligible for reappointment.
    (3) During the period in which a director holds office,
        the director must not--
         (a) be elected to any position within the Puffing
             Billy Preservation Society; or
         (b) acquire new membership of the Society.
13 Reimbursement of directors
        The Board may reimburse a director for expenses
        reasonably incurred in performing functions or
        exercising powers under this Act.
14 Suspension and removal of directors
    (1) The Governor in Council may suspend or remove
        a director from office on the recommendation of
        the Minister if the director--


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          Part 2--Puffing Billy Railway Board


         (a) without the approval of the Board, fails to
             attend 3 consecutive meetings of the Board;
             or
         (b) becomes an insolvent under administration;
             or
         (c) is convicted or found guilty of--
               (i) an indictable offence; or
              (ii) an offence that, if committed in
                   Victoria, would be an indictable
                   offence; or
             (iii) an offence relating to the performance
                   of duties as a director; or
         (d) engages in improper conduct in performing
             duties as a director; or
         (e) is negligent in performing duties as a
             director; or
         (f) fails to disclose a conflict of interest in
             accordance with section 21; or
         (g) is absent or unable to perform duties as a
             director for a period of more than 3 months.
    (2) The suspension of a director under subsection (1)
        may be for any period less than or equal to the
        remainder of the director's term of office.
15 Vacancies on the Board
    (1) The office of a director becomes vacant if the
        director--
         (a) resigns by notice in writing delivered to the
             Governor in Council; or
         (b) is removed from office under section 14; or
         (c) becomes permanently incapable of
             performing duties as a director.




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     (2) If the office of a director becomes vacant, the
         Governor in Council on the recommendation of
         the Minister may appoint a person to the office in
         accordance with section 10.
16 Appointment of acting directors
     (1) The Minister may appoint a person to be an acting
         director for a period of not more than 3 months
         if--
          (a) a director is suspended under section 14; or
          (b) the office of a director is vacant; or
          (c) a director is absent or unable to perform
              duties as a director for that period.
     (2) An acting director--
          (a) has the same voting rights, duties and powers
              as a director; and
          (b) is entitled to remuneration and
              reimbursement of expenses as specified in
              the instrument of appointment.
17 Validity of acts and decisions of the Board
         An act or decision of the Board is not invalid
         merely because--
          (a) there is a defect or irregularity in the
              appointment of a director or an acting
              director; or
          (b) there is a vacancy in the office of a director;
              or
          (c) the occasion for an acting director to act had
              not arisen or had ceased.




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18 Immunity of directors
     (1) A director is not personally liable for anything
         done or omitted to be done in good faith--
          (a) in the exercise of a power or the performance
              of a function under this Act or the
              regulations; or
          (b) in the reasonable belief that the act or
              omission was in the exercise of a power or
              the performance of a function under this Act
              or the regulations.
     (2) Any liability resulting from an act or omission
         that would, but for subsection (1), attach to a
         director attaches instead to the Board.

    Division 3--Procedures of the Board
19 Rules, policies and procedures of the Board
         The Board may make rules and policies consistent
         with this Act in relation to--
          (a) governance and procedures of the Board; and
          (b) management of the Board's affairs; and
          (c) duties of officers and employees of the
              Board.
20 Meetings of the Board
     (1) The quorum for a meeting of the Board is a
         majority of the directors for the time being.
     (2) A question arising at a meeting of the Board is
         resolved by a majority of votes of the directors
         present and voting on the question.
     (3) If there is an equality of votes on a question at a
         meeting, the chairperson or any other director
         presiding at the meeting, as determined by the
         procedures of the Board, has a casting vote.




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21 Conflicts of interest
     (1) A director engaged in any employment, business
         or community activity that may create an actual or
         perceived conflict of interest with their role as a
         director must disclose that interest to the Board.
     (2) Without limiting subsection (1), a director who is,
         or was within the previous 12 months, a member
         of the Puffing Billy Preservation Society must
         disclose that membership to the Board.
     (3) A director who has disclosed an interest under this
         section must not be present or vote during any
         meeting of the Board at which that interest is
         considered.
22 Delegation by the Board
     (1) The Board may by instrument delegate any of its
         functions or powers under this Act to the chief
         executive officer.
     (2) The chief executive officer may sub-delegate a
         function or power delegated under subsection (1)
         to an employee, consultant, contractor or agent of
         the Board, if the instrument of delegation
         authorises its sub-delegation.

      Division 4--Chief executive officer
23 Appointment of the chief executive officer
     (1) The Board must appoint a person to be the chief
         executive officer of the Puffing Billy Railway.
     (2) The chief executive officer must not be--
          (a) a director; or
          (b) a person who is, or was within the previous
              12 months, a member of the Puffing Billy
              Preservation Society.




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     (3) The chief executive officer holds office--
          (a) on the terms and conditions specified in the
              instrument of appointment; and
          (b) for the period, not longer than 3 years,
              specified in the instrument of appointment.
     (4) The chief executive officer is eligible for
         reappointment.
24 Functions of the chief executive officer
     (1) The chief executive officer has the following
         functions--
          (a) to manage, in accordance with the rules and
              policies of the Board, the day-to-day affairs
              of the Puffing Billy Railway;
          (b) to report to the Board on the day-to-day
              affairs of the Puffing Billy Railway;
          (c) to employ staff on behalf of the Board;
          (d) to engage consultants, contractors or agents
              on behalf of the Board.
     (2) The chief executive officer is subject to the
         general direction and control of the Board in
         performing the chief executive officer's functions.
     (3) The chief executive officer is not, in respect of the
         office of chief executive officer, subject to the
         provisions of the Public Administration
         Act 2004.
25 Delegation by the chief executive officer
         The chief executive officer may by instrument
         delegate any of the chief executive officer's
         functions or powers under this Act to an
         employee, consultant, contractor or agent of the
         Board.




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26 Appointment of an acting chief executive officer
     (1) The Board may appoint a person to be the acting
         chief executive officer of the Puffing Billy
         Railway for any period during which--
          (a) the office of the chief executive officer is
              vacant; or
          (b) the chief executive officer is absent or unable
              to perform duties as the chief executive
              officer.
     (2) An acting chief executive officer--
          (a) has the same functions, duties and powers as
              the chief executive officer; and
          (b) is entitled to remuneration and
              reimbursement of expenses as specified in
              the instrument of appointment.

    Division 5--Matters relating to land
27 Leases, licences and easements over land
     (1) Subject to this section, the Board may grant, on
         such terms and conditions as the Board considers
         appropriate--
          (a) a lease, licence or easement over any land
              vested in or owned, leased or managed by
              the Board; or
          (b) a lease or licence over any Crown land, other
              than Crown land reserved under the Crown
              Land (Reserves) Act 1978, that is under the
              management of the Board.
     (2) The Board must not grant--
          (a) a lease over Crown land for a period of more
              than 50 years; or
          (b) a licence over Crown land for a period of
              more than 10 years; or


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            (c) an easement over Crown land or across any
                railway track forming part of the Puffing
                Billy Railway.
       (3) The Board must not grant a lease, licence or
           easement over any land for a period of more than
           21 years unless the Minister approves the lease,
           licence or easement and its terms and conditions
           in writing.
  28 Restriction on disposals of land
           The Board must not sell or otherwise dispose of
           any freehold land without the approval of the
           Minister in writing.

Division 6--Disclosure and reporting requirements
  29 Minister may request information from the Board
       (1) The Minister may request that the Board provide
           to the Minister information relating to--
            (a) the operation and management of the Puffing
                Billy Railway; or
            (b) the performance of the Board's functions or
                the exercise of its powers under this Act.
       (2) The Board must comply with a request under
           subsection (1).
  30 Board must report certain incidents and risks
       (1) The Board must report to the Minister any
           incident or alleged incident of which the Board is
           aware that--
            (a) occurred or allegedly occurred in the
                operation of the Puffing Billy Railway or in
                public traffic on the Puffing Billy Railway;
                and




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         (b) either--
               (i) caused or allegedly caused death or
                   serious injury to any person or serious
                   damage to property or the environment;
                   or
              (ii) may reasonably be expected to cause
                   harm to the reputation of the Puffing
                   Billy Railway.
    (2) The Board must consult with and report to the
        Minister on any significant risk of which the
        Board is aware.
    (3) For the purposes of subsections (1) and (2), the
        Board may engage a person--
         (a) to investigate any incident or significant risk;
             and
         (b) to prepare a report on the incident or
             significant risk.
    (4) If a report has been prepared for the purposes of
        this section, the Board must provide the report to
        the Minister as soon as practicable.
    (5) In this section, significant risk means--
         (a) a risk to the Puffing Billy Railway, including
             a risk to its safe operation; or
         (b) a risk to the Board, including a risk to its
             financial viability.
31 Strategic plans--preparation and approval
    (1) The Board must prepare a strategic plan--
         (a) within one year after commencement of this
             section; and
         (b) for each subsequent financial year.




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(2) A strategic plan must include the following--
     (a) a business plan for the financial year to
         which the plan relates;
     (b) for the financial year to which the plan
         relates and for the subsequent 3 financial
         years--
           (i) a statement of corporate intent; and
          (ii) the business goals of the Board; and
          (iii) strategies of the Board in relation to
                financial, risk management,
                occupational health and safety and
                human resources matters; and
          (iv) planned activities of the Board in
               relation to the operation and
               development of the Puffing Billy
               Railway.
(3) The Board must provide a draft of a proposed
    strategic plan to the Minister for approval no later
    than 31 May before the financial year to which the
    plan relates.
(4) The Board must--
     (a) make any changes to a draft proposed
         strategic plan that are requested by the
         Minister; and
     (b) provide the revised draft strategic plan to the
         Minister for approval no later than 31 August
         of the financial year to which the plan
         relates.
(5) The Minister may extend the time within which
    the Board must comply with subsection (3) or (4),
    if requested by the Board.
(6) A strategic plan that is approved by the Minister is
    taken to replace the strategic plan for the previous
    financial year.


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32 Strategic plans--revisions and other requirements
    (1) Subject to subsection (2), the Board must act in
        accordance with the approved strategic plan.
    (2) If the Board considers that it is necessary to act
        other than in accordance with the approved
        strategic plan, the Board must--
         (a) prepare a revised strategic plan; and
         (b) provide the revised strategic plan to the
             Minister for approval as soon as practicable.
    (3) The Minister may at any time require the Board--
         (a) to prepare a revised strategic plan; and
         (b) to provide the revised strategic plan to the
             Minister for approval as soon as practicable.
    (4) The Board must not publish a strategic plan or
        otherwise make a strategic plan publicly available
        without the approval of the Minister in writing.
33 Rail corridor plan--preparation and approval
    (1) The Board must prepare a rail corridor plan--
         (a) within one year after the commencement of
             this section; and
         (b) for each subsequent period of 10 financial
             years.
    (2) A rail corridor plan must set out how the rail
        infrastructure, facilities and rolling stock forming
        part of the Puffing Billy Railway are to be
        maintained for the course of the plan.
    (3) The Board must provide a draft of a proposed rail
        corridor plan to the Minister for approval.
    (4) The Board must--
         (a) make any changes to the draft rail corridor
             plan that are requested by the Minister; and



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           Part 2--Puffing Billy Railway Board


         (b) provide the revised draft rail corridor plan to
             the Minister for approval as soon as
             practicable.
    (5) A rail corridor plan that is approved by the
        Minister is taken to replace the previous rail
        corridor plan.
34 Rail corridor plan--revisions and other
   requirements
    (1) Subject to subsection (2), the Board must act in
        accordance with the approved rail corridor plan.
    (2) If the Board considers that it is necessary to act
        other than in accordance with the approved rail
        corridor plan, the Board must--
         (a) prepare a revised rail corridor plan; and
         (b) provide the revised rail corridor plan to the
             Minister for approval as soon as practicable.
    (3) The Minister may at any time require the Board to
        amend the rail corridor plan.

          Division 7--Other matters
35 Fencing
    (1) Despite any Act (other than the Charter of Human
        Rights and Responsibilities) or rule of law to the
        contrary, the Board--
         (a) is not required to fence or contribute to the
             fencing of any land forming part of the
             Puffing Billy Railway; and
         (b) is not liable for any loss, damage or injury
             caused directly or indirectly by any land
             forming part of the Puffing Billy Railway
             not being fenced.




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           Part 2--Puffing Billy Railway Board


    (2) The Board may erect and maintain fences on land
        forming part of the Puffing Billy Railway, as it
        considers to be appropriate, but is not required to
        do so.
36 Clearance of trees and wood
    (1) This section applies if any tree or wood in the
        vicinity of a railway track forming part of the
        Puffing Billy Railway poses a risk to the safety of
        any person on or using the railway track.
    (2) The Board may by written notice require the
        owner or occupier of any land on which the tree or
        wood is situated to fell and remove the tree or
        wood within a reasonable time.
    (3) A notice under subsection (2) may be served on an
        owner or occupier--
         (a) personally; or
         (b) by sending it by post to the owner or
             occupier's usual or last known residential or
             business address; or
         (c) by leaving it at the owner or occupier's usual
             or last known residential or business address
             with a person apparently at least 16 years of
             age and apparently living or employed there;
             or
         (d) in a manner prescribed under any other Act
             for service on a person or class of persons of
             the same type as the owner or occupier; or
         (e) if the identity or address of the owner or
             occupier is not known, by--
               (i) displaying it on the land; and
              (ii) publishing a copy of it and a
                   description of the land in a newspaper
                   circulating generally in Victoria.



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          Part 2--Puffing Billy Railway Board


    (4) If an owner or occupier does not comply with a
        notice under subsection (2), the Board may--
         (a) cause a person to enter the land at a
             reasonable time to fell and remove the tree or
             wood; and
         (b) recover any costs incurred from the owner or
             occupier as a debt.
    (5) Despite anything to the contrary in the Planning
        and Environment Act 1987 or any planning
        scheme, a permit issued under that Act is not
        required to fell and remove any tree or wood
        under this section.
37 Level crossings
        Despite anything to the contrary in any other Act
        (other than the Charter of Human Rights and
        Responsibilities) or law, the Board--
         (a) subject to and in accordance with any
             applicable interface agreement, may use a
             level crossing that connects rail
             infrastructure forming part of the Puffing
             Billy Railway; and
         (b) may close the level crossing to road traffic
             while the railway track passing through the
             level crossing is in use.




                         23
            Puffing Billy Railway Act 2022
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                 Part 3--Regulations



           Part 3--Regulations
38 Regulations
    (1) The Governor in Council may make regulations
        for or with respect to the following--
         (a) conditions of travel on any part of the
             Puffing Billy Railway;
        (b) regulating or prohibiting conduct in or on
            any part of the Puffing Billy Railway;
         (c) preventing trespass in or on any part of the
             Puffing Billy Railway;
        (d) preventing interference with any rail
            infrastructure, facilities or rolling stock
            forming part of the Puffing Billy Railway;
         (e) movement or parking of vehicles on the
             Puffing Billy Railway or on level crossings
             that connect rail infrastructure forming part
             of the Puffing Billy Railway;
         (f) excluding or removing persons, animals or
             vehicles from any part of the Puffing Billy
             Railway;
        (g) regulating or prohibiting materials or things
            that may be brought into or onto, or left in or
            on any part of, the Puffing Billy Railway;
        (h) any other matter or thing required or
            permitted by this Act to be prescribed or
            necessary to be prescribed to give effect to
            this Act.
    (2) Regulations made under this section may--
         (a) be of general or limited application; and
        (b) differ according to time, place or
            circumstance; and




                         24
   Puffing Billy Railway Act 2022
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        Part 3--Regulations


(c) confer powers or impose duties in
    connection with the regulations on--
      (i) persons authorised under section
          221AB of the Transport (Compliance
          and Miscellaneous) Act 1983; or
     (ii) any other specified person or class of
          persons; and
(d) impose a penalty not exceeding 20 penalty
    units for a contravention of the regulations.




                25
              Puffing Billy Railway Act 2022
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         Part 4--Repeal and transitional provisions



Part 4--Repeal and transitional provisions
 39 Definitions
         In this Part--
         commencement day means the day on which the
             Puffing Billy Railway Act 2022 comes into
             operation;
         new Board means the Puffing Billy Railway
             Board;
         old Board means the Emerald Tourist Railway
              Board as constituted under the Emerald
              Tourist Railway Act 1977 immediately
              before the commencement day.
 40 Repeal of Emerald Tourist Railway Act 1977
         The Emerald Tourist Railway Act 1977 is
         repealed.
 41 Old Board members to be new Board directors
         A member of the old Board immediately before
         the commencement day is taken to hold office as a
         director of the new Board--
          (a) until the end of the period for which the
              member would have been entitled, but for
              the repeal of the Emerald Tourist Railway
              Act 1977, to hold office as a member of the
              old Board; and
          (b) on the terms and conditions specified in the
              instrument of appointment under that Act.
 42 New Board succeeds old Board
         On the commencement day--
          (a) all property and rights that, immediately
              before that day, were vested in or owned,
              leased or managed by the old Board,
              including property vested in the old Board
              under the Emerald Tourist Railway


                            26
             Puffing Billy Railway Act 2022
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        Part 4--Repeal and transitional provisions


             Act 1977, become vested in or owned, leased
             or managed by the new Board; and
         (b) all liabilities and obligations of the old Board
             existing immediately before that day become
             liabilities and obligations of the new Board;
             and
         (c) the new Board is substituted for the old
             Board as a party to--
               (i) any proceeding to which the old Board
                   was a party in any court or tribunal
                   immediately before that day; and
              (ii) any agreement or contract to which the
                   old Board was a party immediately
                   before that day; and
         (d) any reference to the old Board in any other
             Act or in any subordinate instrument,
             agreement, contract, licence or other
             document is taken to be a reference to the
             new Board, to the extent that--
               (i) the reference relates to any period on or
                   after that day; and
              (ii) the context does not require otherwise.
43 Transfer of employees
    (1) On the commencement day, all persons who were
        employees of the old Board immediately before
        that day are taken to be employees of the new
        Board on the same terms and conditions and with
        the same accrued and accruing entitlements as
        applied to those persons immediately before that
        day.




                           27
              Puffing Billy Railway Act 2022
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         Part 4--Repeal and transitional provisions


    (2) If a person is taken to be an employee of the new
        Board under subsection (1)--
         (a) the person's service as an employee of the
             new Board must be regarded for all purposes
             as continuous with the person's service as an
             employee of the old Board; and
         (b) the person is not entitled to receive any
             payment or other benefit only by reason of
             ceasing to be an employee of the old Board.
    (3) Nothing in this section prevents a person from
        resigning or being dismissed as an employee of
        the old Board at any time after the commencement
        day in accordance with the terms and conditions
        of that person's employment.
44 Duties and other taxes
        No duty or other tax is chargeable under any Act
        in respect of anything done under this Part, or any
        act or transaction connected with or necessary due
        to this Part, including a transaction entered into or
        an instrument made, executed, lodged or given in
        connection with the transfer of property, rights,
        liabilities or obligations under this Part.




                            28
               Puffing Billy Railway Act 2022
                      No.       of 2022
              Part 5--Consequential amendments



 Part 5--Consequential amendments
45 Borrowing and Investment Powers Act 1987
          At the end of Schedule 1 to the Borrowing and
          Investment Powers Act 1987 insert--
       "45.    Puffing Billy Railway Board        5, 8, 10, 11, 13 and
                                                  15".
46 Tourist and Heritage Railways Act 2010
          For section 4(d) of the Tourist and Heritage
          Railways Act 2010 substitute--
          "(d) the Puffing Billy Railway within the
               meaning of the Puffing Billy Railway
               Act 2022.".
47 Repeal of this Part
          This Part is repealed on 1 July 2024.
   Note
   The repeal of this Part does not affect the continuing operation of
   the amendments made by it (see section 15(1) of the
   Interpretation of Legislation Act 1984).
                 ═════════════




                              29
                          Puffing Billy Railway Act 2022
                                 No.       of 2022
                                        Endnotes



                                    Endnotes
1 General information
  See www.legislation.vic.gov.au for Victorian Bills, Acts and current
  authorised versions of legislation and up-to-date legislative information.
   
      Minister's second reading speech--
      Legislative Assembly:
      Legislative Council:
      The long title for the Bill for this Act was "A Bill for an Act to establish
      the Puffing Billy Railway Board, to provide for the objectives, functions
      and powers of the Board, to provide for matters relating to the Puffing
      Billy Railway, to repeal the Emerald Tourist Railway Act 1977 and for
      other purposes."




                 By Authority. Government Printer for the State of Victoria.



                                            30


 


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