Cross River Rail Delivery Authority Bill 2016
Plain English Summary
Overview
This bill sets up the Cross River Rail Delivery Authority, a new independent statutory body to build the Cross River Rail project connecting Brisbane across the river by underground rail. The Authority will operate commercially, with power to compulsorily acquire land and to drive economic development around new stations, and will be wound up once the project is complete.
Who it affects
South East Queensland commuters stand to benefit from the new rail line, while landowners near the route may face compulsory acquisition of their property. Construction, engineering and property companies will compete for major contracts delivering the project.
Key changes
- Creates the Cross River Rail Delivery Authority as an independent body to plan, procure and deliver the project
- Gives the Authority power to compulsorily acquire land, including underground easements, for the rail project and related transport projects
- Sets up a governing board of four departmental heads plus up to six independent experts appointed by the Governor in Council
- Establishes the Cross River Rail Delivery Fund outside the consolidated fund to collect commercial revenue, borrowings and special rates
- Exempts the Authority's commercial activities from Right to Information laws, while leaving community service obligations open to scrutiny
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee11 Oct 2016View Hansard
Referred to Infrastructure, Planning and Natural Resources Committee
The Infrastructure, Planning and Natural Resources Committee examined the bill and recommended the Legislative Assembly note the contents of its report, rather than making a direct recommendation for passage. Government members supported the establishment of the Cross River Rail Delivery Authority, but non-government members did not. The committee acknowledged stakeholder concerns but considered amendment to the bill was not required. A Statement of Reservation was filed by non-government members.
Key findings (5)
- Government members of the committee supported the bill but non-government members did not, resulting in a divided committee
- The Property Council of Australia, Brisbane City Council, Heart Foundation and Queensland Urban Utilities made submissions, with broad support for the Cross River Rail project itself
- Brisbane City Council raised concerns about the scope of the Authority's powers and the potential for the Brisbane Metro Subway System project to be brought under the Authority's control
- The committee was satisfied that the Authority's compulsory land acquisition powers were accompanied by fair compensation under the Acquisition of Land Act 1967
- The committee encouraged the department and the Authority to consult with stakeholders as the project progressed
Recommendations (1)
- The committee recommends the Legislative Assembly notes the contents of this report.
Committee report tabled
▸Second Reading1 Dec 2016View Hansard
That the bill be now read a second time
Tied 43-43 vote on whether to advance the Cross River Rail Delivery Authority Bill to the committee stage, resolved in the affirmative by the Speaker's casting vote.
The motion passed.
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Ayes (43)
Noes (43)
▸12 members spoke5 support7 oppose
As Deputy Premier moving the bill, Trad argued the authority is needed to deliver the Palaszczuk government's highest priority infrastructure project and unlock the city-making potential of Cross River Rail.
“The Cross River Rail Delivery Authority Bill 2016 is what is needed to establish a robust, productive, transparent and independent mechanism for the delivery of this vital infrastructure project.”— 2016-12-01View Hansard
As Deputy Leader of the Opposition, opposed the bill, arguing the project is unfunded, unaffordable, lacks transparency, and that the authority will have delegated power to impose secret new taxes and charges without oversight.
“This pet project remains unfunded and remains unaffordable. There is no greater example of Labor's inability to deliver than this pet project.”— 2016-12-01View Hansard
Opposed the bill, arguing the project is unfunded with a $16 billion black hole, the business case has not been released, and the authority should not be exempt from Right to Information.
“This bill seeks to exempt the proposed Cross River Rail Delivery Authority from the Right to Information Act. This is a totally unacceptable avoidance of public scrutiny.”— 2016-12-01View Hansard
Supported the bill as an important step in delivering vital public transport infrastructure that will benefit all of South-East Queensland by easing the choke point for transport capacity.
“This bill is an important step in achieving that objective. I call on those opposite to get on board and support this important piece of infrastructure.”— 2016-12-01View Hansard
Opposed the bill, citing concerns about lack of transparency on the business case, interventionist planning approach, secrecy about funding including value capture mechanisms, and the rushed committee process.
“The LNP opposition has great reservations about this government's specific Cross River Rail project.”— 2016-12-01View Hansard
Opposed the bill as a regional Queenslander, arguing the $50 million spent on establishing the authority could fund vital regional road projects and there is a lack of transparency around a potentially $15 billion project.
“As a regional Queenslander, though, it is disappointing to see this project in inner-city Brisbane, when comparable projects are not being invested in across regional Queensland.”— 2016-12-01View Hansard
Strongly supported the bill, arguing a second central rail crossing is essential to connect the city and that LNP opposition costs South-East Queensland billions in annual congestion costs.
“We need to have an authority to work to deliver this vital piece of infrastructure and we need to get on with it.”— 2016-12-01View Hansard
Opposed the bill, raising concerns about usurping Brisbane City Council's planning powers, lack of transparency on the business case, interventionist planning, and secrecy about funding through value capture.
“Labor's track record on Cross River Rail is one of dithering, delaying and denial.”— 2016-12-01View Hansard
As Transport Minister, supported the bill, arguing the delivery authority will operate distinct from political vagaries, allow collective decision-making with federal and local governments, and transform the South-East Queensland rail network.
“This bill will provide certainty to the project and to the commuters who rely upon it.”— 2016-12-01View Hansard
Opposed the bill, arguing it sets up an unnecessary bureaucracy when Economic Development Queensland already has the needed powers, and that the real aim is to protect the authority from Right to Information scrutiny.
“It does not build a railway; it does not advance the project; it sets up a bureaucracy. Is that not what Labor governments do?”— 2016-12-01View Hansard
Supported the bill as a catalyst project needed because of the LNP government's failure to deliver the previous project, arguing a second inner-city rail crossing is overdue.
“This delivery authority is a step forward to achieving what is needed: simply put, that is a second inner-city rail crossing in Brisbane.”— 2016-12-01View Hansard
As Leader of the Opposition, opposed the bill, arguing existing bodies like EDQ or the Coordinator-General could deliver the project, that value capture is just another tax, and that excluding the authority from RTI denies citizens vital rights.
“There is bureaucracy upon bureaucracy... this government fails on the one fundamental test for the delivery of any river crossing project—that is, being able to find the money to deliver it.”— 2016-12-01View Hansard
▸In Detail1 Dec 2016View Hansard
Technical amendment to clause 33 (Membership of board) to refer to the Transport (Rail Safety) Act 2010 instead of a proposed national law, and to allow senior executives to act as board members nominated by chief executives.
Amendment to clause 78 to prevent the Minister for Economic Development Queensland from delegating powers under chapter 3, part 6 (imposition of special rates and charges) to the Cross River Rail Delivery Authority.
That the amendment be agreed to
Vote on the Deputy Leader of the Opposition's amendments to clause 78 (delegation of MEDQ powers) and Right to Information Act changes, defeated 43-43 by the Speaker's casting vote with the noes.
The motion was defeated.
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Ayes (43)
Noes (43)
Amendment to omit the heading of Part 9, division 3 (Amendment of Right to Information Act 2009), aimed at preventing the exemption of the Cross River Rail Delivery Authority from the Right to Information Act.
That the amendment be agreed to
Vote on the Deputy Leader of the Opposition's amendments to clause 78 (delegation of MEDQ powers) and Right to Information Act changes, defeated 43-43 by the Speaker's casting vote with the noes.
The motion was defeated.
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Ayes (43)
Noes (43)
Amendment to omit clauses 79 and 80 which make the Cross River Rail Delivery Authority an exempt entity under the Right to Information Act.
That the schedule, as read, be agreed to
Vote on whether schedule 1 of the bill stands part, agreed to 43-43 by the Speaker's casting vote with the ayes.
The motion passed.
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Ayes (43)
Noes (43)
Referenced Entities
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Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards