Tourist and Heritage Railways Act

The Tourist and Heritage Railways Act 2010 (the THR Act) is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the activities of tourist and heritage rail operators in the State.

"[4] The Act establishes a regulatory scheme with the following key elements: The Tourist and Heritage Railways Act and the background to its development and passage was summarised by Ian Shepherd, Kate Williams and Jenny Gabriele in an article in the Railway Gazette International.

[9] The authors noted that "With around 60 tourist and heritage railways or tramways, Australia has more lines per capita that Europe or the USA.

Public Transport Victoria provides general coordination and support to the THR sector and is a regulator under the Act.

provide or enable access to the non-operational transport-related land, infrastructure or assets where this supports the transport system . . . ".

[14] Part 2 of the Act provides that the Director must appoint a person to be the Tourist and Heritage Railway Registrar.

[19] Part 4 of the Act sets out a scheme to facilitate the leasing of land and assets by VicTrack for tourist and heritage railways purposes.

The Act provides power for VicTrack to grant leases of land which must include a range of matters including a description of the land and fixtures, the term of the lease, the amount of rent (if payable), maintenance and insurance arrangements, subleasing rights or restrictions, reclamation rights and other matters.

[21] The Part also imposes a duty on VicTrack to provide copies of leases to the Registrar who must keep a register of the agreements and details about duration and renewal.

[22] Part 5 of the Act provides for a voluntary accreditation scheme for tourist and heritage railway operators.

[26] The remaining and final provision in the Act[27] confers power on the Governor in Council to make regulations to support the Act including in relation to the asset register, criteria for registration on the group register, fees for registration, safety in connection with TH railways, powers of THR operators, conduct requirements, trespassing and interference with equipment, fixtures and other things.

This was followed by a period of research and policy development leading into further workshops and target consultation with the industry in April 2010 where new regulatory concepts were outlined in detail.

The lead speaker in the Legislative Assembly, the then Shadow Transport Minister and now the Minister for Public Transport in the Victorian Government, Terry Mulder MP, commented that— After several procedural delays, the Tourist and Heritage Railways Bill was ultimately passed by the Victorian Parliament on 7 October 2010.

The Tourist and Heritage Railways Regulations 2011 were made to support the operation of the Act after being developed by the Department of Transport and commenced on the same day.

They were released for public comment and then approved by the Minister and presented to the Governor in Council for making and commencement.

Former Victorian Railways J class steam locomotive J 515, awaiting departure from Maldon railway station on the Victorian Goldfields Railway on 20 January 2007. The railway operates on a preserved former Victorian Railways branch line .
B74 and S303 with the 1937 Spirit of Progress as restored by the Seymour Railway Heritage Centre in 2007. [ 1 ]
A tourist and heritage train with a Thomas the Tank Engine face travelling westwards through Swan Bay saltmarsh on the Bellarine Railway . The Bellarine Railway is a volunteer-operated steam-driven tourist railway located in Victoria , Australia . It operates on a 16 km section of a formerly disused branch line on the Bellarine Peninsula between the coastal town of Queenscliff and Drysdale , near Geelong in regional Victoria .
The Walhalla Goldfields Railway is a 2 ft 6 in ( 762 mm ) gauge ( narrow gauge ) tourist railway located in the Thomson River and Stringers Creek valleys in Gippsland , Victoria , Australia , near the former gold-mining town and tourist destination of Walhalla . The group is also regulated by the Tourist and Heritage Railways Act.
A diesel locomotive operated by the Mornington Railway crosses Moorooduc Highway in February 2007
Ex Fyansford Cement Works Railway steam locomotive No.4 on The Bellarine Railway
The Daylesford Spa Country Railway (operated by the Central Highlands Tourist Railway) is a volunteer-operated 1,600 mm ( 5 ft 3 in ) broad gauge tourist railway located in Victoria , Australia . It operates on a section of the formerly disused and dismantled Daylesford line. It presently operates between Daylesford and the hamlet of Bullarto . The picture shows railcar DRC40 in the yard at Daylesford.
Former South Australian Railways Redhen railcar and goods rollingstock operated by the South Gippsland Railway at Leongatha station
Steamrail Victoria is a not-for-profit volunteer group established in 1965 to the restore and operate historic locomotives and rolling stock used on the railways in Victoria , Australia . [ 29 ] The main depot of the group is at the Newport Workshops ('West Block') in suburban Melbourne. In addition to operating railfan special trains and charters for private groups, the group also operates special steam trains in the Melbourne suburban area. The picture shows Victorian Railways R class locomotive R 711 on display at the Steamrail Victoria Open Day weekend alongside preserved Victorian Railways L class electric locomotive and a swing door suburban train on 12 March 2007.
The Bill which became the Tourist and Heritage Railways Act was considered by the Victorian Parliament between late July and early October 2010. The proposal was strongly supported by all parties. The Act is the only dedicated Act applying to the tourist and heritage railways sector in any Australian State.
A tourist and heritage tram operated by the Ballarat Tramway Museum in Ballarat in regional Victoria . Ballarat once operated an extensive tramway system between 1887 and 1971 when the network was closed and replaced with buses. A small section of track and depot remains at outside of the Ballarat CBD at Lake Wendouree near the Ballarat Botanic Gardens with tourist and heritage trams run by the Ballarat Tramway Museum .