Supplementary Order Paper No 249 (released 09 September 2008)

Supplementary Order Paper by clause reference

New clause 40AA

To insert the following clause after clause 40A (after line 38 on page 74):

40AA Appeals in respect of contracting requirements
  • An operator of an existing commercial service to which a contracting requirement specified in a regional public transport plan will apply may appeal to the Environment Court—

    • (a) against the contracting requirement on any of the following grounds:

      • (i) the contracting requirement is not consistent with the purpose of the regional public transport plan, after taking into account the matters referred to in section 16:

      • (ii) the contracting requirement does not contribute to the implementation of the policies in the plan:

      • (iii) if a service that is to be discontinued as a result of the contracting requirement is described in the plan as being needed by the community, a satisfactory alternative public transport service (of any mode) would not be available to users of the discontinued service:

      • (iv) the contracting requirement does not comply with section 14A or any other provision of this Act:

    • (b) against the transitional arrangements on the grounds that they do not alleviate as far as practicable the material adverse effects of the contracting requirement on the operator.