National Transport Reforms

In NSW we want national laws and state regulation to work for the benefit of operators, passengers, the general public and businesses.

We also aim to set a high standard for transport, nationally and internationally.

That is why we are committed to constant reviews, and where appropriate, reforms of transport laws, regulations and standards.

To achieve this we work closely with Commonwealth, State and Territory governments on the design and implementation of national laws for all transport types.

We ensure that safety, consistency and economic productivity are all safeguarded for passengers and freight. We do this in collaboration with the three single national regulators for the heavy vehicle, rail and maritime sectors.

Who manages and actions transport law in NSW?

A Minister administers each Act, and its Regulations, using the Allocation of the Administration of Acts instrument, under the Constitution Act 1902.

Administrative roles

Transport Administration Act

The NSW Minister for Transport and Infrastructure manages or administers the Transport Administration Act 1988, and associated Regulations. The NSW Minister for Roads, Maritime and Freight administers any parts relating to Roads and Maritime Services.

City of Sydney Act

The Minister for Roads, Maritime and Freight and the Minister for Transport and Infrastructure jointly manage Part 4A and Schedule 2 of the City of Sydney Act 1988. The Minister for Local Government administers the remainder of the Act.

Roads

The Minister for Roads, Maritime and Freight administers the:

Taxis and hire vehicles

The Minister for Transport and Infrastructure administer the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 and the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2016. In 2016 a bill was introduced for Point to Point transport reforms.

Heavy vehicles

The independent National Heavy Vehicle Regulator (NHVR) administers the Heavy Vehicle National Law in all states and territories except Western Australia and the Northern Territory.

In NSW the Minister for Roads, Maritime and Freight administers the:

This means Roads and Maritime Services manage the application of the standard national heavy vehicle regulations for vehicles over 4.5 tonnes Gross Vehicle Mass operating in NSW under a service agreement with the NHVR. The regulations cover:

  • Accreditation
  • Heavy vehicle standards
  • Mass, dimension and loading operations
  • Fatigue management
  • Intelligent Access Program (IAP)
  • General regulations (including Performance Based Standards (PBS), record keeping, enforcement, duties and offences).

Heavy vehicle road reform

In order to meet demand and remain competitive, we need to increase the productivity, efficiency, capability and safety of freight transport in NSW. Turning it into an economic market-driven service is an effective way to achieve this.

That is why the Transport and Infrastructure Council (TIC) is currently looking at ways to reform NSW heavy vehicle road charging and funding.

The initial phase of this heavy vehicle road reform program is aimed at:

  • Planning how and where to spend budget on key freight routes nationally.
  • Developing asset registers and rating roads based on heavy vehicle access, safety and ride quality.
  • Look at how industry can pay for better access and what improvements have the biggest benefits for operators

Parking

The Minister for Transport and Infrastructure administers the Parking Space Levy Act 2009.

Passenger transport

The Minister for Transport and Infrastructure administers the Passenger Transport Act 1990 and the Passenger Transport Act 2014.

Rail

The Office of the National Rail Safety Regulator (ONRSR) regulates rail activities under the Rail Safety National Law (RSNL). The National Rail Safety (Adoption of National Law) Act 2012 sets out the functions, powers and objectives of ONRSR. These include:

  • Managing accreditation and registration schemes
  • Working with operators to improve rail safety nationally
  • Monitoring and enforcing compliance
  • Providing information about rail safety and boosting public confidence in freight and passenger transport services.

In NSW the Minister for Transport and Infrastructure administers the:

Maritime

The Australian Maritime Safety Authority (AMSA) will take over full regulatory responsibility for domestic commercial vessels by July 2019.

The Marine Safety (Domestic Commercial Vessel) National Law Act 2012 will apply to all commercial vessels. One set of national standards for commercial vessel safety will apply to how vessels are constructed, operated and crewed.

Roads and Maritime Services (RMS) will continue to apply the Regulations for the Act, under a service agreement with AMSA.

Air

The Minister for Transport and Infrastructure administers the:

Photo cards

The Minister for Roads, Maritime and Freight administers the Photo Card Act 2005.

Who sets the fares for NSW public transport?

The Independent Pricing and Regulatory Tribunal (IPART) is responsible for setting maximum fares on government-owned services. This includes CityRail, Sydney Ferries and timetabled bus services operated under contracts with the Secretary, Transport for NSW.

The Secretary, Transport for NSW sets the maximum fares for private ferries and taxis based on recommendations from the IPART. This excludes some fast ferry services, like the Manly to Circular Quay fast ferry, and light rail that are not fare regulated.

Fare setting reports are available on the IPART website.