Public Transport Regulation Act 2009

44.

Amendment of Act of 2000.

44.— (1) The Act of 2000 is amended—

( a) in section 24, by inserting after subsection (5A) (inserted by section 90 of the Act of 2008) the following:

“(5B) When a regional authority (other than the regional authorities within the GDA) prepares the draft of the regional planning guidelines it shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—

( a) a statement explaining how it proposes to address the matters identified in the report of the DTA prepared in accordance with section 31FF, and

( b) where it does not propose to address, or proposes to only partially address, any matter identified in the report of the DTA prepared in accordance with section 31FF, a statement of the reasons for that course of action.”,

( b) in section 25, by inserting after subsection (3A) (inserted by section 91 of the Act of 2008) the following:

“(3B) When a regional authority (other than the regional authorities within the GDA) makes regional planning guidelines it shall include in the guidelines a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—

( a) a statement explaining how it proposes to address the matters identified in the report of the DTA prepared in accordance with section 31GG, and

( b) where it does not propose to address, or proposes only to partially address, any matter identified in the report of the DTA prepared in accordance with section 31GG, a statement of the reasons for that course of action.”,

( c) in section 31A (inserted by section 93 of the Act of 2008), by substituting for subsection (2)( a) the following:

“(2) ( a) Where a submission received by the Minister prepared in accordance with—

(i) section 31G(1) contains a statement of the type referred to in section 31G(1)( b), the Minister may, for stated reasons, direct the authorities within the GDA to take such specified measures, as he or she may require, to review the draft regional planning guidelines to ensure consistency between the draft regional planning guidelines and the transport strategy of the DTA. The authorities shall comply with any such direction, or

(ii) section 31GG(1) contains a statement of the type referred to in section 31GG(1)( b), the Minister may, for stated reasons, direct the authority to take such specified measures, as he or she may require, to review the draft regional planning guidelines to provide for the effective integration of transport and land use planning in the draft regional planning guidelines and the authority shall comply with any such direction.”,

( d) by inserting after section 31F (inserted by section 95 of the Act of 2008), the following:

“31FF.— (1) Where a regional authority (other than the regional authorities within the GDA) intends to make regional planning guidelines in accordance with section 24, or to review existing guidelines under section 26, it shall, as soon as may be, consult with the DTA in order to make the necessary arrangements for making the guidelines.

(2) The DTA shall assist and co-operate with the regional authority in making arrangements for the preparation of regional planning guidelines and in carrying out the preparation of the guidelines.

(3) In carrying out its functions under subsection (2), the DTA shall prepare and submit to the regional authority, within 6 weeks of the commencement of consultation under subsection (1), a report on the issues which, in its opinion, should be considered by the regional authority in making regional planning guidelines.”,

( e) by inserting after section 31G (inserted by section 95 of the Act of 2008) the following:

“31GG.— (1) Where a notice is received by the DTA under section 24(4) from a regional authority (other than the regional authorities within the GDA) the DTA shall, as part of any written submission on the draft regional planning guidelines, state whether, in its view, the matters raised by it in its report under section 31FF are—

( a) satisfactorily addressed in the draft regional planning guidelines, or

( b) not satisfactorily addressed in the draft regional planning guidelines.

(2) Where in the context of subsection (1)( b) the DTA makes a submission, it shall indicate what amendments to the draft regional planning guidelines it considers should be made to ensure effective integration of transport and land use planning.

(3) The DTA shall send copies of a submission prepared under this section to the Minister and Minister for Transport.”.

(2) This section comes into operation on such day or days as may be fixed therefor by order or orders of the Minister and different days may be fixed for different amendments effected by this section.

Annotations:

Editorial Notes:

E10

Power pursuant to subs. (2) exercised Public Transport Regulation Act 2009 (Section 44) (Commencement) Order 2009 (S.I. No. 575 of 2009).

2. The day fixed as the day on which section 44 of the Public Transport Regulation Act 2009 (No. 37 of 2009) comes into operation is 4 January 2010.