a protocol agreement establishing a commitment to work...

A Protocol AgreementEstablishing a commitment to work together and enhance the relationship between Main Roads, Queensland Transport, and the Local Government Association of Queensland Inc.

Main RoadsQueensland Transport

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Signed by the Honourable Warren Pitt, Minister for Main Roads and Local Government and Mr Alan Tesch, Director-General, Main Roads.

Warren Pitt, MP Minister for Main Roads and Local Government

Alan TeschDirector-General, Main Roads

Signed by the Honourable John Mickel, Minister for Transport, Trade, Employment & Industrial Relations and Mr Bruce Wilson, Director-General, Queensland Transport.

John Mickel, MP Minister for Transport, Trade, Employment & Industrial Relations

Bruce WilsonDirector-General, Queensland Transport

Signed by Councillor Paul Bell, President of the Local Government Association of Queensland and by Greg Hallam, PSM, Executive Director of the Local Government Association of Queensland, for and on behalf of Queensland Local Government.

Councillor Paul BellPresident of the Local Government Association of Queensland

Greg Hallam, PSM Executive Director of the Local Government Association of Queensland

this 18th day of August 2008

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Preamble Local Government, Main Roads and Queensland Transport have signifi cant roles in the management and provision of road and transport services and infrastructure in Queensland. There has been a long history of collaboration, communication, consultation and information sharing in areas of mutual interest which has produced benefi ts for all parties and for Queensland communities.

All parties recognise the need to continue to build a strategic approach to the delivery and management of road and transport infrastructure and services in the State. This Protocol is designed to facilitate ongoing cooperation and participation by both levels of Government in the planning, construction, maintenance, operation and management of road and transport infrastructure and services. This Protocol therefore is a refl ection of State and Local Government’s fi rm commitment to achieving outcomes which enhance the competitiveness of business and industry and well-being of all Queenslanders.

This Protocol is a formal agreement between parties to commit to work together and build on the established relationship Local Government (represented by the Local Government Association of Queensland – LGAQ) has with Main Roads and Queensland Transport.

The parties wish to formally recognise and enhance an ongoing process of negotiation and consultation based on mutual respect and cooperation, acknowledging each other’s roles and responsibilities where there is shared jurisdiction.

The Protocol does not limit the autonomy of either party in relation to their responsibilities or vision for their own jurisdictions. Nor does it limit the capacity of Main Roads, Queensland Transport or Local Government to enter into agreements with other agencies, parties or Governments.

Having signifi ed their commitment to the principles outlined in this Protocol, Main Roads, Queensland Transport and the Local Government Association of Queensland (LGAQ) on behalf of its members agree to act consistently with the principles, roles and responsibilities defi ned in this Protocol with regard to the planning, construction, maintenance, operation and management of roads and transport infrastructure and services.

This Protocol builds on and replaces the Memorandum of Understandings (MOUs) between Main Roads and the LGAQ signed on 9 March 2000 and between Queensland Transport and the LGAQ signed on 31 August 2004. These separate MOUs have been combined into a single Protocol in recognition of the need for a consistent approach to the way State Government works with and manages the relationship with Local Government.


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Section 1 – Purpose The purpose of this Protocol is to commit to a set of principles for the relationship between Main Roads, Queensland Transport and Local Government through their representative body the LGAQ, in all matters related to the management, delivery and operation of roads, rail, buses and other transport services and infrastructure in Queensland. It sets the framework for sub-agreements on specifi c issues to be addressed, which become supporting documents to this Protocol.

This Protocol identifi es a set of key principles which the parties agree to operate under:

• cooperation, mutual respect, trust and openness;

• recognition of individual and shared responsibilities and needs, and consultation where interests intersect;

• recognition of the need to jointly plan and deliver outcomes;

• recognition of the need to effectively manage resources and recognise all contributions; and

• recognition of the need for a long term approach to investment and planning.

This Protocol commits Main Roads, Queensland Transport and LGAQ to cooperate to achieve better transport infrastructure management outcomes that are in the best interest of economic development, social development, environmental quality, and the personal safety and well being of the people of Queensland.

This Protocol provides guidance in addition to that stated or implied in the “Local Government Act 1993” and the “Transport Infrastructure Act 1994”.

Section 2 – Rationale 2.1 Both spheres of Government fulfi ll essential roles in the provision of roads, transport services and

infrastructure across Queensland. The three parties will work together to coordinate and improve the management (planning, construction, maintenance and operation) of Queensland’s road and transport infrastructure and services.

2.1.1 Benefi ts will be realised through:

– cooperation and information sharing;

– clarifi cation of roles and responsibilities;

– a strategic Whole-of-Government view to the stewardship (planning, construction and maintenance) of road and transport infrastructure;

– achieving better value for money from road and transport infrastructure investment;

– avoiding duplication of resources and effort;

– a collaborative approach to integrating land use and transport planning; and

– effi cient use of and sharing of resources.


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The Parties agree as follows

Section 3 – Application and interpretationThe parties agree as follows:

3.1 Defi nitions:

3.1.1 “State” means the State of Queensland.

3.1.2 “Local Government” means Local Governments established under the Local Government Act 1993 or the City of Brisbane Act 1924.

3.1.3 “Parties” means Local Government in Queensland, through its peak representative body the Local Government Association of Queensland, and the Queensland State Government, through the Minister for Main Roads and Local Government and the Minister of Transport, Trade, Employment & Industrial Relations.

3.1.4 “Agency Agreement” means any agreement, Memorandum of Understanding or protocol between one or more State agencies and Local Government (usually represented by the Local Government Association of Queensland or single or multiple Local Governments).

3.1.5 “State agency” means a State Government department or part of a department.

3.1.6 “Main Roads (MR)” is a Queensland Government department that manages the State’s largest built community asset – the Queensland State-controlled road network.

3.1.7 “Queensland Transport (QT)” is the Government department responsible for developing and managing the land, air and sea transport environment in Queensland.

3.2 Acronyms:

3.2.1 “LGAQ” means the Local Government Association of Queensland.

3.2.2 “MR” means the Department of Main Roads.

3.2.3 “QT” means Queensland Transport.

3.2.4 “MOU” means Memorandum of Understanding.


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Section 4 – Principles for the relationship between the State Government and Local Government

4.1 Main Roads, Queensland Transport and the LGAQ agree:

4.1.1 To recognise the need for a coordinated Whole-of-Government approach to managing road and transport issues affecting all parties/agencies and for regular engagement to strengthen the relationship and negotiate on issues of concern.

4.1.2 All parties will seek partnership opportunities to deliver on State Government and Local Government priorities.

4.1.3 They have complementary roles in the provision of Queensland’s road and transport services and infrastructure, and that all parties promise to effectively plan, deliver and operate these services and infrastructure with cooperation, trust and open sharing of all related information.

4.1.4 Relations between Main Roads, Queensland Transport and Local Government will be conducted ina spirit of mutual respect and cooperation, with recognition of each others roles, responsibilities and needs.

4.1.5 All parties are stewards of road and transport services and infrastructure and must communally plan and effi ciently deliver outcomes taking into account safety, economic, social and environmental needs.

4.1.6 The effective management of road and transport infrastructure and services requires a multidisciplinary approach incorporating the contribution of Government, non government and the private sector and all parties will consult on this basis.

4.1.7 By working collaboratively all parties can ultimately accomplish effectiveness in resource allocation through a planned, long term approach to investment.

4.1.8 To respect the principle that the owner of a service provision and infrastructure has the primary responsibility for its management and planning and its ongoing maintenance and operation.

4.1.9 That all parties will consult on relevant matters pertaining to the planning, coordination and provision of road and transport services and infrastructure, including preservation of land for future road and transport corridors so that these corridors are not adversely impacted by inappropriate land use in proximity to the corridor.

4.1.10 The current, emerging and future needs of the Queensland community will require parties to work together and lead the development of policy, planning, infrastructure and service responses.

4.1.11 That all parties will consult each other in regard to the development of transport and roads, infrastructure and services.


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Section 5 – Responsibilities and interests 5.1 Responsibilities and interests of all parties:

5.1.1 Recognise the implications of shared jurisdictions and the consequent need to operate cooperatively and, where necessary, to negotiate agency agreements.

5.1.2 Engage in timely, cooperative, proper and meaningful consultation on program, legislative and policy initiatives regarding transport infrastructure.

5.1.3 Consider and consult regarding fi nancial and other resourcing implications, that fl ow from transport infrastructure policy or legislative changes that could result in additional functionsand responsibilities.

5.1.4 Consult with each party in formulating State-wide policy initiatives and strategies with regard to transport infrastructure.

5.1.5 Ensuring the viability of industry including their own workforces and the private sector and deliver quality work effi ciently and cost effectively.

5.2 Responsibilities and interests of the State Government (Main Roads & Queensland Transport):

5.2.1 Delivery of State interest outcomes for industry and the community as established by the State Government priorities and community outcomes.

5.2.2 Taking a responsive and regional approach with services delivered close to its customers by trained and qualifi ed staff supported by appropriate information systems.

5.2.3 Meeting responsibility for advising Government and progressing the States’ interests on the State and national transport policy reform agendas.

5.2.4 Keeping each other informed of, and bring to each other’s attention, actions by others which may impact on roads and transport infrastructure and services.

5.3 Responsibilities and interests of Main Roads:

Main Roads is responsible for planning, providing and managing Queensland’s major roads. Acting as the steward of Queensland’s State-controlled road network, this role includes but is not limited to the following:

5.3.1 Managing a State-controlled road system that meets the social, cultural, environmental and economic well-being of all Queensland communities on behalf of the State of Queensland. This includes the planning, design, building, maintenance of infrastructure and operations of the State-controlled network.

5.3.2 Working with Queensland Transport and Local Government to undertake integrated transport planning including, strategic planning for new corridors on local and State-controlled roads.

5.3.3 Corridor Management, including the management of:

– property access;

– other ancillary works and encroachments;

– impact of public utilities within the road reserve;

– commercial activities like advertising and vending; and

– roadside vegetation.

5.3.4 Network management and operations including the safe and effi cient use of the road network, asset management and traffi c incident management.

5.3.5 Strategic policy initiatives including planning and maximising the effectiveness of roads investment and the effi ciency of delivery of road works, environmental sustainability of the road system and effective community engagement in road planning, provision, operations and management.


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5.3.6 Develop, formulate and implement policies and laws on road related matters.

5.3.7 Contribute to the viability of transport industry including Main Roads own workforce, Local Government and the Private Sector, to deliver quality work effi ciently and cost effectively.

5.3.8 Administer State grants and subsidies to Local Government as it relates to roads and transport infrastructure.

5.4 Responsibilities and interests of Queensland Transport:

Queensland Transport is the Government department responsible for developing and managing the land, air and sea transport environment in Queensland. Queensland Transport provides transport leadership through developing and ensuring implementation of a strategic transport policy agenda, transport planning and stewardship of Queensland’s transport system. This role includes:

5.4.1 Motor vehicle and vessel registration and licensing.

5.4.2 Integrated transport planning; including network planning, land use/transport integration and development assessment.

5.4.3 Enforcing compliance with transport regulation; and driver and vehicle standards and performances.

5.4.4 Facilitation and regulation of public passenger transport services: bus, taxi, urban ferry, rail and regulated intrastate airline services.

5.4.5 Facilitation of school transport and urban transport contracts.

5.4.6 Maritime, road and rail safety.

5.4.7 Shipping and boating encompassing facilitation and regulation of public marine transport.

5.4.8 Freight logistics and policy.

5.4.9 Marine pollution prevention, response and emergency services.

5.4.10 Public marine transport infrastructure, including recreational boating infrastructure, State boat harbours and other marine infrastructure (for example navigational aids).

5.4.11 Public transport infrastructure assistance.

5.4.12 Air transport infrastructure assistance.

5.4.13 Rail and port planning and performance monitoring.

5.4.14 Ownership and stewardship of rail corridor land.

5.5 Responsibilities and Interests of Local Government Association of Queensland:

The LGAQ is the recognised representative of Local Government at the State level and the peak advocate for Local Government on issues affecting Local Government across the State.

The LGAQ provides a wide range of statewide services to support Local Government. The LGAQ and its subsidiary companies:

5.5.1 Provides representation and advocacy services to Local Government.

5.5.2 Provides a single point of contact for State Government on Local Government issues.

5.5.3 Promotes the interests, rights and entitlements of members.

5.5.4 Promotes effi cient performance of Local Government.

5.5.5 Provides advice and advisory services to Local Government.


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5.5.6 Provides human resources and industrial relations services.

5.5.7 Provides policy development and advocacy services.

5.5.8 Provides training and development services.

5.5.9 Provides risk management and insurance services.

5.5.10 Provides infrastructure delivery services.

5.5.11 Provides shared services, computing and purchasing services.

5.6 Responsibilities and interests of Local Government

Local Governments participate in regional level planning, co-ordination and provision of road and transport infrastructure and services. Local Government’s responsibilities are undertaken through strategies, policies and legislation which focus on safety, effi ciency, accessibility, social justice, environmental sustainability and value for money. Individual Local Governments have roles and responsibilities to:

5.6.1 Act as stewards of local community infrastructure and represent the views of local constituents.

5.6.2 Participate in regional level planning, coordination and provision of road, transport services and infrastructure.

5.6.3 Undertake road construction and maintenance services on local and State-controlled roads.

5.6.4 Develop, formulate and implement locally relevant and applicable policies and laws on road and transport related matters, and public marine facilities.

5.6.5 Advocate for local community needs and aspirations in relation to road, transport services and infrastructure.

5.6.6 Undertake the provision of land and land-based elements of public marine facilities, and associated management and maintenance services for State-controlled public marine facilities.

Section 6 – Implementation 6.1 The Parties agree to pursue the intent of this Protocol in a spirit of cooperation and to maintain regular

contact to promote its effective implementation.

6.2 All agency agreements established between Main Roads, Queensland Transport and Local Government will be consistent with the intent and principles of this Protocol. A schedule of current sub-agreements between the parties will be aligned to this protocol when they are reviewed, usually every three to fi ve years dependant on their commencement date (Refer Appendix A).

6.3 The Parties agree to:

6.3.1 Promote awareness of this Protocol across Main Roads, Queensland Transport, wider State Government and Local Government and ensure consistency of agency sub-agreements with this Protocol.

6.3.2 Establish and maintain systems and processes to facilitate monitoring and reporting on the implementation of this Protocol.


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Section 7 – Issues Resolution7.1 Every effort should be made to resolve issues as they arise at each offi cer level prior to escalation. Where

issues cannot be satisfactorily and expeditiously resolved at either a local or regional level, the following issues resolution process will be utilised.

Level of Consideration

Personnel Involved Timeframe (days)

Queensland Transport (QT)/Main Roads (MR)

Local Government (LG)

1 • QT/MR staff member • LG staff member 5

2 • QT/MR Director • LG Chief Executive Offi cer (CEO) or Delegate

10

3 • QT/MR Regional/District Director • Mayor or Delegate from the region or area as appropriate

10

4 • Director-General

• Deputy Director-General

• Executive Director and or General Manager

• or their delegate

• Executive Director, LGAQ or Delegate

• Nominated LGAQ staff member

• Local Government CEO

30

5 • Minister for Main Roads and Local Government or Minister for Transport, Trade, Employment and Industrial Relations

• President LGAQ 30

7.2 The timeframes noted above can be extended by mutual agreement of the parties. Following a formal issue resolution process will ensure that, where possible, issues are handled and successfully resolved locally and where necessary impending issues are recognised and advanced quickly for resolution at appropriate levels.

Section 8 – Review 8.1 The operation of this Protocol will be reviewed after three years or at any other time as appropriate,

by all parties.

8.2 Amendments may be made to the Protocol if agreed to by the Minister for Main Roads and Local Government, the Minister for Transport, Trade, Employment and Industrial Relations and the President of the Local Government Association of Queensland.

8.3 Where the Parties agree to amend the Protocol, relevant Local Government and State agencies will be consulted beforehand.


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APPENDIX A ANALYSIS OF AGREEMENTS BETWEEN MAIN ROADS & LOCAL GOVERNMENT

Document Title Document Purpose Commencement Date

A Protocol Agreement Establishing a commitment to effi ciently work together and enhance the joint relationship between Queensland Transport, Main Roads and the Local Government Association of Queensland (LGAQ).

To commit to a set of principles for the relationship between Local Government through LGAQ, Main Roads and Queensland Transport in all matters relating to the planning, coordination, construction, maintenance, operation and management of roads, rail, buses and other transport services.

18 April 2008

Memorandum of Agreement between Local Government Association of Queensland (LGAQ) and the Department of Main Roads for the Local Government Road Management and Investment Alliance.

Outlines the principles and governance arrangement for the implementation and operation of the Road Management and Investment Alliance (“Roads Alliance”).

28 August 2002

Operational Guidelines for the Main Roads and Local Government Road Management and Investment Alliance.

Intended to guide all Regional Road Groups in the implementation and operation of the Road Management and Investment Alliance.

28 August 2002

Agreement between the Local Government Association of Queensland and Department of Main Roads for cost sharing based on responsibilities within State-controlled roads.

Principles and policies governing operational cost sharing responsibilities for works on State-controlled roads.

7 March 2000

A Protocol for guiding the dealings between Main Roads and Local Governments in respect of the planning, construction, maintenance, operations and management of Roads and Road Corridors.

To defi ne the nature of the relationship between Main Roads and Local Governments and the arrangements which have been developed to ensure the ongoing success of the relationship.

9 March 2000

Memorandum of Understanding between the Department of Main Roads and Local Government in respect of the operating arrangements for Road Maintenance Performance Contracts (RMPCs).

Broad details for the delivery of routine maintenance on Main Roads owned roads by Local Governments.

24 July 1996

Memorandum of Understanding between the Department of Primary Industry and Department of Main Roads and Local Government Association of Queensland.

To provide a framework for continued cooperative relations between Forestry, Main Roads and LGAQ in recognition of their mutual interest in dealing with the impacts of plantation forest harvesting.

5 February 2003

Memorandum of Understanding on Incident Management in Brisbane between Brisbane City Council, Queensland Police Service and Department of Main Roads.

Describes the relationship between Brisbane City Council, Queensland Police Service and Main Roads to achieve cooperative management of traffi c incidents.

6 March 2003

Memorandum of Understanding between the Local Government Association of Queensland, Queensland Rail, Main Roads and Queensland Transport with respect to the Management & Funding Responsibility for Level Crossing Safety.

To provide greater consistency and equity of responsibilities for level crossing safety upgrades, construction operation and maintenance between all stakeholders.

24 October 2003


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APPENDIX BANALYSIS OF AGREEMENTS BETWEEN QUEENSLAND TRANSPORT & LOCAL GOVERNMENT

Document Title Document Purpose Commencement Date

A Protocol Agreement Establishing a commitment to effi ciently work together and enhance the joint relationship between Queensland Transport, Main Roads and the Local Government Association of Queensland (LGAQ).

To commit to a set of principles for the relationship between Local Government through LGAQ, Main Roads and Queensland Transport in all matters relating to the planning, coordination, construction, maintenance, operation and management of roads, rail, buses and other transport services.

18 April 2008

Memorandum of Understanding between the Local Government Association of Queensland, QR Limited, Queensland Transport and Main Roads with respect to the Management & Funding Responsibility for Level Crossing Safety.

To provide greater consistency and equity of responsibilities for level crossing safety upgrades, construction operation and maintenance between all stakeholders.

24 October 2003


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APPENDIX CANALYSIS OF PROJECT COMMITTEES & WORKING GROUPS SUPPORTING EACH KEY ISSUE AREA

Land Transport and Safety - Conditional Registration Working Group - School Transport Safety Consultative Committee - Information to Travellers Working Group - Multicombination Vehicle Access Working Group - State Pedestrian Committee - Performance Based Standards (Heavy Vehicle) Working Group - Heavy Vehicle Management and Logistics Steering Committee - Intelligent Transport Systems and Executive Steering Committee - Mass Limits Review Working Group - State Cycle Committee

Rail, Ports and Aviation - Level Crossing Safety Steering Group - Freight Strategy Team

The Road Management and Investment Alliance (Roads Alliance)– The Roads Alliance Board– The Roads Alliance Project Team– Regional Road Group Assembly– Regional Road Groups

Main Roads Senior Management Group– Department of Main Roads Senior Management Meeting with LGAQ


A Protocol AgreementEstablishing a commitment to work together and enhance the relationship between Main Roads, Queensland Transport, and the Local Government Association of Queensland Inc.

Main RoadsQueensland Transport

1402.DMR A3Cover.indd 11402.DMR A3Cover.indd 1 8/8/08 10:08:01 AM8/8/08 10:08:01 AM

a protocol agreement establishing a commitment to work...

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