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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Docklands Authority (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 2
4. Disposing of land 2
5. New section 35A inserted 2
35A. Negotiation bonds 3
6. Charges 5
7. New clauses 5 and 6 inserted in Schedule 3 5
5. Participation in meetings by telephone etc. 5
6. Resolutions without meetings 5
8. Repeal of Development Areas Act 1973 6
9. Amendment of Land Acquisition and Compensation Act 1986 6
10. Amendment of Heritage Act 1995--Statute law revision 7
NOTES 8
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Clause Page
THIS PAGE IS TO BE MASKED
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PARLIAMENT OF VICTORIA
A BILL
to amend the Docklands Authority Act 1991 and to repeal the
Development Areas Act 1973 and for other purposes.
Docklands Authority (Amendment) Act
1997
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to amend the Docklands Authority Act
1991 to improve the operation of that Act;
5 and
(b) to repeal the Development Areas Act 1973.
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Docklands Authority (Amendment) Act 1997
s. 2
5
Act No.
2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
3. Principal Act
Act No.
5 In this Act the Docklands Authority Act 1991 is
22/`1991.
called the Principal Act.
Reprint No.1
as at 9 May
1996.
Further
amended by
Act Nos
9/1996 and
73/1996.
4. Disposing of land
(1) For section 24(2) of the Principal Act
substitute--
10 "(2) The Authority may enter into an agreement
with another person concerning the use or
development of land--
(a) on disposing of the whole of its interest
in the land to that person; or
15 (b) in anticipation of disposing of the
whole of its interest in the land to that
person.".
(2) In section 24(3) of the Principal Act--
(a) for "that agreement" substitute "an
20 agreement under sub-section (2)";
(b) after paragraph (b) insert--
'(ba) in section 173(4) the expression "unless
the vendor assumes the purchaser's
rights and obligations under the
25 agreement" were omitted;'.
5. New section 35A inserted
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Docklands Authority (Amendment) Act 1997
Act No.
After section 35 of the Principal Act insert--
'35A. Negotiation bonds
(1) The Authority, with the approval of the
Minister, may in writing, request any person
5 to lodge a negotiation bond with the
Authority if the person has expressed an
interest--
(a) in the development of any precinct or
any part of a precinct of the docklands
10 area; or
(b) in the provision of an item or
combination of items of trunk
infrastructure in the docklands area.
(2) A negotiation bond must not exceed
15 $100 000 for each precinct or for each item
or combination of items of trunk
infrastructure in respect of which the person
has expressed an interest.
(3) The request may provide that the negotiation
20 bond--
(a) must be in the form of--
(i) a cash deposit; or
(ii) a bank guarantee in a form
acceptable to the Authority; and
25 (b) is to be lodged subject to the conditions
specified by the Authority in the
request, including conditions relating to
the circumstances in which the bond
may be forfeited.
30 (4) If a person does not lodge a negotiation bond
with the Authority in accordance with a
request under this section within 7 days after
the request is made, the Authority may
refuse to enter into any arrangement or
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Docklands Authority (Amendment) Act 1997
s. 5
Act No.
agreement under this Act with that person in
relation to--
(a) the development of the precinct or the
provision of trunk infrastructure; or
5 (b) any lease, licence or disposal of land in
the precinct or relating to the provision
of trunk infrastructure; or
(c) the use or development of land in the
precinct or relating to the provision of
10 trunk infrastructure.
(5) In this section--
"precinct" means any part of the docklands
area which the Authority by notice
published in the Government Gazette
15 determines to be a precinct of the
docklands area;
"infrastructure" includes--
(a) roads and traffic works;
(b) pedestrian walkways and bicycle
20 paths;
(c) sewerage, storm water drainage,
water supply, electricity, gas,
telecommunications and other like
services;
25 (d) works to improve water edges and
water quality;
(e) wharves, marinas and boat
launching and berthing facilities;
(f) light rail, tram and other public
30 transport works;
(g) public parks and public spaces and
related works;
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Docklands Authority (Amendment) Act 1997
s. 6
Act No.
(h) art works;
(i) education facilities and
community facilities, including
kindergartens, libraries,
5 community centres, health
facilities and emergency service
facilities;
"trunk infrastructure" means any item of
infrastructure that provides benefits or
10 services to more than one precinct.'.
6. Charges
In section 25(1)(a) of the Principal Act after
"drainage" insert ", telecommunications".
7. New clauses 5 and 6 inserted in Schedule 3
15 After clause 4 of Schedule 3 to the Principal Act
insert--
"5. Participation in meetings by telephone etc.
(1) The Authority may permit its members to
participate in a particular meeting, or all
20 meetings, by--
(a) telephone; or
(b) closed-circuit television; or
(c) any other means of communication.
(2) A member who participates in a meeting
25 under a permission under sub-clause (1) is
deemed to be present at the meeting.
6. Resolutions without meetings
(1) If--
(a) the Authority has taken reasonable
30 steps to give notice to each member
setting out the terms of a proposed
resolution; and
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Docklands Authority (Amendment) Act 1997
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Act No.
(b) a majority of members for the time
being of the Authority sign a document
containing a statement that they are in
favour of the resolution in the terms set
5 out in the document--
a resolution in those terms is deemed to have
been passed at a meeting of the Authority
held on the day on which the document is
signed or, if the members referred to in
10 paragraph (b) do not sign it on the same day,
on the day on which the last of those
members signs the document.
(2) For the purposes of sub-clause (1), 2 or more
separate documents containing a statement in
15 identical terms, each of which is signed by
one or more members, are deemed to
constitute one document.
(3) If a resolution is deemed by this section to
have been passed at a meeting of the
20 Authority, each member must as soon as
practicable be advised of the matter and
given a copy of the resolution.".
8. Repeal of Development Areas Act 1973
The Development Areas Act 1973 is repealed.
25 9. Amendment of Land Acquisition and Compensation
Act 1986
(1) In section 43(1) of the Land Acquisition and
Compensation Act 1986, paragraph (g) is
repealed.
30 (2) After section 43(4) of the Land Acquisition and
Compensation Act 1986 insert--
"(5) Despite the amendment of this section by the
Docklands Authority (Amendment) Act
1997, this section continues to apply in
35 relation to an entitlement to compensation
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Docklands Authority (Amendment) Act 1997
s. 10
Act No.
arising under this Act before the
commencement of that Act as if section 9 of
that Act had not been enacted.".
(3) In section 36(6)(a) of the Land Acquisition and
5 Compensation Act 1986 omit "to".
(4) In section 100 of the Land Acquisition and
Compensation Act 1986 for "Board" substitute
"Tribunal".
10. Amendment of Heritage Act 1995--Statute law
10 revision
For item 9.2 of Schedule 2 to the Heritage Act
1995 substitute--
"9.2 In section 45(3), paragraph (a) is repealed.
15
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Docklands Authority (Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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