AGY-7265 | Transport Asset Holding Entity of New South Wales (TAHE)

Full description

The Rail Corporation of New South Wales (RailCorp) was renamed as the Transport Assets Holding Entity of New South Wales (TAHE) under the Transport Administration Amendment (Transport Entities) Act 2017 (Act No.12, 2017) which amended the Transport Administration Act 1988 (Act No.109, 1988) Part 2. (1) The Transport Asset Holding Entity of New South Wales was also a statutory corporation under the Statutory Corporations Act 1989 (Act No.134, 1989). (2)

The listed functions of TAHE were:
(a) to hold, manage, operate and maintain transport assets vested in or owned by it, or to be vested in or owned by it,,
(b) to establish, finance, acquire, construct and develop transport assets to be vested in or owned by it,
(c) to promote and facilitate access to the part of the NSW rail network vested in or owned by TAHE in accordance with any current NSW rail access undertaking or otherwise lease or make available transport assets vested in or owned by TAHE to other persons or bodies,
(d) to acquire and develop land for the purpose of enabling TAHE to carry out its other functions (including the acquisition of land under section 12). (3)

TAHE was to have a board of directors which was to consist of (a) no fewer than 3 and not more than 7 directors appointed by the voting shareholders, and (b) the Transport Secretary. One of the directors is, in and by the director’s instrument of appointment or in and by another instrument executed by the voting shareholders, to be appointed as chairperson of the board. The chief executive officer may be appointed as a director. The board was accountable to the voting shareholders in the manner set out in Part 4 of the State Owned Corporations Act and in the constitution of TAHE. (4)

Endnotes:
1. Transport Administration Amendment (Transport Entities) Act 2017 (Act No.12, 2017) amending the Transport Administration Act 1988 (Act No.109, 1988), commencement Proclamation (2020 No 254); NSW Legislation Website, 12 June 2020.
2. Transport Administration Act 1988 (Act No.109, 1988) s.9 as amended.
3. Transport Administration Act 1988, s.11 as amended.
4. Transport Administration Act 1988, s. 6 as amended.