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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Melbourne City Link (Further Amendment) Act
1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Definitions 2
5. Variation of Agreement 3
6. New Part 4A inserted 3
PART 4A--EXHIBITION STREET EXTENSION
PROJECT 3
Division 1--Exhibition Street Extension Project and
Extension Project area 3
93A. Exhibition Street Extension Project 3
93B. Extension Project area 3
Division 2--Powers to obtain Land 4
93C. Revocation of reservations in Extension Project area 4
93D. Revocation of part of Melbourne Park Reservation for
Extension Project 5
93E. Revocation of part of Olympic Park Reservation for
Extension Project 6
93F. Surrender or divesting of land in Extension Project area 7
Division 3--Management of Exhibition Street Extension 9
93G. Lease of land in Extension Project area 9
93H. Road deemed to be declared road 11
93I. Road operation and management powers 11
93J. Tolls 12
7. New section 27A inserted 12
27A. Further revocation of part of Melbourne and Olympic
Parks Reservation 12
8. Roads deemed to be declared roads 14
9. Compensation 14
10. Operation of regulations under Land Acquisition and
Compensation Act 1986 14
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Clause Page
11. New section 44A inserted 15
44A. Temporary access to Crown land 15
12. Partial revocation of licence 15
13. Certain Acts not to apply 15
14. Action by Registrar 15
15. Correction of reference 16
16. Powers of bodies 16
17. Bodies may be required to act 16
18. Dispute resolution 16
19. Council powers 16
20. New Schedule 4 inserted 16
SCHEDULE 4 16
NOTES 19
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PARLIAMENT OF VICTORIA
A BILL
to further amend the Melbourne City Link Act 1995, to make
provision for the Exhibition Street Extension Project and for other
purposes.
Melbourne City Link (Further
Amendment) Act 1997
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to further amend
the Melbourne City Link Act 1995--
(a) to make provision for the Exhibition Street
5 Extension Project; and
(b) to improve the operation of that Act.
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2. Commencement
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
5 (2) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
3. Principal Act
No. 107/1995. In this Act the Melbourne City Link Act 1995 is
Amended by
called the Principal Act.
No. 21/1996.
10 4. Definitions
(1) In section 3 of the Principal Act insert--
' "Extension Project area" has the meaning
given by section 93B;
" Exhibition Street Extension Project" has the
15 meaning given by section 93A;'.
(2) In section 3 of the Principal Act--
(a) in the definition of "leased land" after
"section 60" insert "or 93G"; and
(b) in the definition of "lessee" after "section 60"
20 insert "or 93G".
(3) In section 3 of the Principal Act for the definition
of "Link control site" substitute--
' "Link control site" means the land shown
hatched on the plan numbered LEGL./97-60
25 and lodged in the Central Plan Office but
does not include any part of that land which
is part of the Link road;'.
(4) In section 3 of the Principal Act in the definition
of "Link road" after "section 61" insert "or 93H".
30
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5. Variation of Agreement
(1) After section 15(1A) of the Principal Act insert--
"(1AA) A power under this section to vary the
provisions of the Agreement extends to any
5 agreement or variation necessary or
convenient for purposes related to the
implementation of the Exhibition Street
Extension Project or the integration of that
Project with the Project within the meaning
10 of section 6.".
(2) In section 15(4) and (5) of the Principal Act for
"amendment" (wherever occurring) substitute
"agreement".
6. New Part 4A inserted
15 After Part 4 of the Principal Act insert--
'PART 4A--EXHIBITION STREET EXTENSION
PROJECT
Division 1--Exhibition Street Extension
Project and Extension Project area
20 93A. Exhibition Street Extension Project
In this Act a reference to the Exhibition
Street Extension Project is a reference to the
project for a road connection from
Exhibition Street to the southern link of the
25 Project across or above the Jolimont rail
yards and along Batman Avenue to the
interchange of the South Eastern Freeway
with Punt Road.
93B. Extension Project area
30 (1) Subject to sub-section (2), for the purposes
of this Act, the Extension Project area is the
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area of land shown hatched grey on the plan
numbered LEGL./97-29 and lodged in the
Central Plan Office.
(2) The Extension Project area does not include
5 any land in the Project area.
Division 2--Powers to obtain Land
93C. Revocation of reservations in Extension
Project area
(1) If the whole or any part of any Crown land,
10 permanently or temporarily reserved under
the Crown Land (Reserves) Act 1978, is
within the Extension Project area, and if the
whole or a part of the reservation of that land
is to be revoked for the purposes of the
15 Exhibition Street Extension Project, the
Minister on--
(a) receiving a plan of the land signed by
the Surveyor-General; and
(b) being satisfied that the land shown on
20 the plan represents the reservation or
the part of the reservation to be
revoked--
may recommend to the Governor in Council
that the reservation or the part of the
25 reservation be revoked.
(2) On receiving the Minister's recommendation,
the Governor in Council may, by Order
published in the Government Gazette, revoke
the following--
30 (a) any Order in Council reserving the
land;
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(b) any Crown grant, certificate of title or
folio of the Register issued or created
with respect to the land--
in so far as the Order in Council, Crown
5 grant, certificate of title or folio relates to the
land shown on the plan.
(3) On publication of an Order under sub-section
(2)--
(a) the land is deemed to be unalienated
10 land of the Crown, freed and
discharged from all limitations,
reservations, restrictions,
encumbrances, estates and interests;
and
15 (b) the appointment of any committee of
management is revoked in so far as it
applies to the land; and
(c) any regulations made under section 13
of the Crown Land (Reserves) Act
20 1978 are revoked in so far as they apply
to the land.
93D. Revocation of part of Melbourne Park
Reservation for Extension Project
(1) The deemed temporary reservation of land
25 under Part 5 of the Melbourne and
Olympic Parks Act 1985 is revoked in so
far as it relates to the land shown coloured
mauve on the plan numbered LEGL./97-29
and lodged in the Central Plan Office.
30 (2) Despite anything to the contrary in the
Melbourne and Olympic Parks Act 1985
and the Crown Land (Reserves) Act 1978,
on the revocation of that part of the deemed
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temporary reservation shown coloured
mauve on the plan referred to in sub-section
(1)--
(a) the land is deemed to be unalienated
5 land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests;
and
10 (b) the appointment of the Melbourne and
Olympic Parks Trust to manage
Melbourne Park is revoked to the
extent that it applies to the land; and
(c) any regulations made under section 13
15 of the Crown Land (Reserves) Act
1978 are revoked in so far as they apply
to the land.
93E. Revocation of part of Olympic Park
Reservation for Extension Project
20 (1) The Order in Council specified in item 1 of
Schedule 4 is revoked in so far as it relates to
that part of the land shown coloured yellow
on the plan numbered LEGL./97-29 and
lodged in the Central Plan Office which is
25 not already reserved for the purposes of the
Project.
(2) Despite anything to the contrary in the
Melbourne and Olympic Parks Act 1985
and the Crown Land (Reserves) Act 1978,
30 on the revocation of the Order in Council
specified in item 1 of Schedule 4 in so far as
it relates to the land shown coloured yellow
on the plan referred to in sub-section (1)
which is not already reserved for the
35 purposes of the Project--
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(a) the land is deemed to be unalienated
land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions,
5 encumbrances, estates and interests;
and
(b) the appointment of the Melbourne and
Olympic Parks Trust to manage
Olympic Park is revoked to the extent
10 that it applies to the land; and
(c) any regulations made under section 13
of the Crown Land (Reserves) Act
1978 are revoked in so far as they apply
to the land.
15 93F. Surrender or divesting of land in Extension
Project area
(1) The Governor in Council, by Order
published in the Government Gazette, may--
(a) require a public authority in which any
20 land is vested which is part of the
Extension Project area to surrender that
land to the Crown; or
(b) divest from a public authority, any land
vested in the public authority which is
25 part of the Extension Project area--
whether or not that land was vested in the
public authority by or under an Act or by any
other means.
(2) Sub-section (1) does not apply to land which
30 is vested under the Crown Land (Reserves)
Act 1978.
(3) A public authority must comply with a
requirement under sub-section (1)(a).
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(4) On the conveyance to the Crown or the
registration of an instrument of transfer and
surrender to the Crown of land that a public
authority is required to surrender under sub-
5 section (1)(a) or the publication in the
Government Gazette of an Order under sub-
section (1)(b)--
(a) the land is deemed to be unalienated
land of the Crown and is freed and
10 discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates or interests; and
(b) if any part of the land is or is being
used as a road, that part of the land
15 ceases to be a road and all rights,
easements and privileges existing or
claimed in that part of the land either in
the public or by any body or person as
incident to any express or implied
20 grant, or past dedication or supposed
dedication or by user or operation of
law or otherwise cease.
(5) A power may only be exercised under sub-
section (1) on the joint recommendation of
25 the Minister and the Minister administering
the Act under which the public authority is
established.
(6) A recommendation may only be made under
sub-section (5) if the Ministers are satisfied
30 that the land is required for the purposes of
managing any roadway and ancillary works
constructed on the land for the purposes of
the Exhibition Street Extension Project or for
a related purpose.
35 (7) Sub-section (4) has effect despite anything to
the contrary in any other Act.
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Division 3--Management of Exhibition Street
Extension
93G. Lease of land in Extension Project area
(1) If the State enters into an agreement for the
5 operation, maintenance and repair by the
Link corporation of the road and ancillary
works forming part of the Exhibition Street
Extension Project, the Governor in Council,
on behalf of the Crown, subject to and in
10 accordance with that agreement--
(a) may grant a lease of any land in the
Extension Project area which is
required for the purposes of managing
any roadway and ancillary works
15 constructed on the land and for other
related purposes approved by the
Governor in Council to the person or
persons entitled to such a lease in
accordance with the terms of the
20 agreement; and
(b) may impose conditions on the lease,
having regard (among other things) to
the following matters in relation to a
stratum of Crown land--
25 (i) that reasonable access to and use
of the stratum and other land be
provided for; and
(ii) that the rights of the registered
proprietor, lessee or licensee of
30 other land not be interfered with;
and
(iii) that the rights of support of the
stratum or of other land or of any
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building or structure erected or to
be erected on those lands be
provided for; and
(iv) that the making or maintenance of
5 improvements by the lessee be
provided for; and
(v) that any necessary rights for the
passage or provision of services
(including drainage, sewerage or
10 the supply of water, gas,
electricity or telephone) to or
through the stratum, where those
rights are necessary for the
reasonable enjoyment of the
15 stratum or of other land be
provided for.
(2) The granting of a lease under this section of
a stratum of land is conclusive proof of
compliance with sub-section (1)(b)(i), (ii),
20 (iii), (iv) or (v) with respect to the lease.
(3) A lease under sub-section (1) must specify
any area of land subject to the lease which is
a road.
(4) The lessee may only mortgage, charge,
25 assign or otherwise encumber the lessee's
interest in the lease in accordance with the
terms of the agreement.
(5) The term of the lease must in accordance
with the agreement.
30 (6) A lease may be amended at any time with the
consent of the lessee.
(7) A lease may be--
(a) terminated before the end of the term of
the lease; or
35
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(b) renewed--
in accordance with the agreement.
93H. Road deemed to be declared road
(1) On the commencement of a lease granted
5 under section 93G, any road specified in the
lease is deemed to be--
(a) a declared road within the meaning of
the Transport Act 1983; or
(b) a road open to and for use by the public
10 for the passage of vehicles; and
(c) a highway within the meaning of the
Road Safety Act 1986.
(2) This section does not affect the grant or
operation of a lease despite anything to the
15 contrary in Schedule 5 of the Transport Act
1983.
(3) The Minister must publish a notice in the
Government Gazette of the granting of the
lease under section 93G describing any road
20 specified in that lease.
93I. Road operation and management powers
(1) If the State enters into an agreement which
provides for road operation and management
powers in respect of land leased under
25 section 93G to be conferred on the Link
corporation, then despite anything to the
contrary in the Transport Act 1983 or the
regulations under that Act or the Local
Government Act 1989 or the regulations
30 under that Act, on and from the grant of a
lease under section 93G--
(a) the Link corporation or any officer or
employee of the Link corporation
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authorised by the Link corporation may
exercise those powers in respect of the
leased land; and
(b) the Roads Corporation and any Council
5 must not exercise those powers in
respect of the leased land.
(2) In this section "road operation and
management powers" means powers
relating to the operation and maintenance of,
10 and traffic management of a kind applicable
to, a declared road.
93J. Tolls
If the State enters into an agreement for the
operation, maintenance and repair by the
15 Link corporation of the road and ancillary
works forming part of the Exhibition Street
Extension Project and that agreement
provides for tolls and toll zones in respect of
that road, Part 4 and the regulations made for
20 the purposes of that Part apply to the
collection of those tolls as if any reference in
that Part--
(a) to the Agreement were a reference to
the first-mentioned agreement; and
25 (b) to a toll zone were a reference to a toll
zone specified in the first-mentioned
agreement.'.
7. New section 27A inserted
After section 27 of the Principal Act insert--
30 "27A. Further revocation of part of Melbourne
and Olympic Parks Reservation
(1) The Order in Council specified in item 2 of
Schedule 4 is revoked in so far as it applies
to
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Act No.
the land shown cross-hatched green on the
plan numbered LEGL./97-31 and lodged in
the Central Plan Office.
(2) Despite anything to the contrary in the
5 Melbourne and Olympic Parks Act 1985
and the Crown Land (Reserves) Act 1978,
on the revocation of the Order in Council
specified in item 2 of Schedule 4 in so far as
it relates to the land shown cross-hatched
10 green on the plan referred to in sub-section
(1)--
(a) the land is deemed to be unalienated
land of the Crown, freed and
discharged from all trusts, limitations,
15 reservations, restrictions,
encumbrances, estates and interests;
and
(b) the appointment of the Melbourne and
Olympic Parks Trust to manage
20 Olympic Park is revoked to the extent
that it applies to the land; and
(c) any regulations made under section 13
of the Crown Land (Reserves) Act
1978 are revoked in so far as they apply
25 to the land; and
(d) the land is deemed to be temporarily
reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for
public purposes, being, in particular,
30 the purposes of the Project, and the
reservation may be amended, revoked
and otherwise dealt with in accordance
with that Act.".
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s. 8
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8. Roads deemed to be declared roads
In section 31A(1) of the Principal Act for "section
26, 28 or 31" substitute "section 26, 28, 29 or
31".
5 9. Compensation
In section 33 of the Principal Act--
(a) in sub-section (1)(a) for "or 32" substitute
", 32 or 93C";
(b) in sub-section (1)(b) for "section 27 or 30"
10 substitute "section 27, 27A, 30, 93D or
93E";
(c) in sub-section (2) for "or 32" substitute ", 32
or 93C";
(d) in sub-section (4) after "Project" insert "or
15 the Exhibition Street Extension Project".
10. Operation of regulations under Land Acquisition and
Compensation Act 1986
(1) In section 40(7) of the Principal Act for "Land
Acquisition and Compensation Regulations 1987
20 as in force from time to time" substitute
"regulations in force from time to time under the
Land Acquisition and Compensation Act
1986".
(2) In section 43(4) of the Principal Act for "Land
25 Acquisition and Compensation Regulations 1987"
substitute "regulations under the Land
Acquisition and Compensation Act 1986".
(3) In section 44 of the Principal Act before "Part 9"
(where first occurring) insert "(1)".
30
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14
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(4) At the end of section 44 of the Principal Act
insert--
"(2) The regulations in force from time to time
under the Land Acquisition and
5 Compensation Act 1986 and the forms
prescribed under those regulations apply in
relation to the operation of this Division with
such modifications as are necessary to give
effect to this Division.".
10 11. New section 44A inserted
After section 44 of the Principal Act insert--
"44A. Temporary access to Crown land
(1) The Authority may, with the approval of the
Minister administering the Land Act 1958
15 given after consultation with any other
Minister concerned with the management or
use of the land, use any Crown land for the
purposes of the Project.
(2) If any Crown land proposed to be so used by
20 the Authority is reserved under the Crown
Land (Reserves) Act 1978 for a purpose
which is inconsistent with that use, the
Authority must not use the land unless the
reservation is revoked.".
25 12. Partial revocation of licence
(1) In section 56(6)(a) of the Principal Act after
"terminated" insert "in whole or in part".
(2) In section 59(1) of the Principal Act after
"licence" insert "as to that land".
30 13. Certain Acts not to apply
In section 64(3) of the Principal Act after "section
60" insert "or 93G".
14. Action by Registrar
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s. 20
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(1) In section 67(1) and (2) of the Principal Act after
"this Part" (wherever occurring) insert "or Part
4A".
(2) In section 67(2) of the Principal Act after
5 "document" insert "(but without production of a
duplicate Crown grant or certificate of title)".
15. Correction of reference
In section 96(6) of the Principal Act for "Water
Industry Act 1984" substitute "Water Industry
10 Act 1994".
16. Powers of bodies
In section 100(b) of the Principal Act after
"Project" insert "or the Exhibition Street
Extension Project".
15 17. Bodies may be required to act
In section 101(1)(a) of the Principal Act after "the
Project area" (where twice occurring) insert "or
the Extension Project area".
18. Dispute resolution
20 In section 102 of the Principal Act after "Project"
insert "or the Exhibition Street Extension
Project".
19. Council powers
In section 103(2) of the Principal Act after "Part
25 3" insert "or Part 4A".
20. New Schedule 4 inserted
After Schedule 3 of the Principal Act insert--
"SCHEDULE 4
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Act No.
Further revocations of reservation on
Melbourne and Olympic Park Land
Item 1
Situation and area of land : East Melbourne, City of
Melbourne North, County of
Bourke, 10·40 hectares, being
Crown Allotment 2, Section 19D,
less authorised excisions
Instrument and date of reservation : Order in Council dated 17 March
1970
Description of land by reference to Government Gazette dated 11
Government Gazette : February 1970, page 375 and 25
March 1970, page 831
Purpose of reservation : Sport, recreation and entertainment
Extent of revocation : Land shown coloured yellow on
the plan numbered LEGL./97-29
and lodged in the Central Plan
Office.
Item 2
Situation and area of land : East Melbourne, City of
Melbourne North, County of
Bourke, 10·40 hectares, being
Crown Allotment 2, Section 19D,
less authorised excisions
Instrument and date of reservation : Order in Council dated 17 March
1970
Description of land by reference to Government Gazette dated 11
Government Gazette : February 1970, page 375 and 25
March 1970, page 831
Purpose of reservation : Sport, recreation and entertainment
5
Extent of revocation : Land shown cross-hatched green
on the plan numbered LEGL./97-
31 and lodged in the Central Plan
Office. ".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
19
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