MITCHAM-FRANKSTON PROJECT BILL 2004

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MITCHAM-FRANKSTON PROJECT BILL 2004

PARLIAMENT OF VICTORIA Mitcham-Frankston Project Act 2004 Act No. Victorian Legislation Parliamentary Documents TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Definitions 3 4. The Project 12 5. Project area 12 6. Extended Project area 12 7. Changes to Project area and Extended Project area 13 8. Traffic control centre 14 9. Application of Crown Land (Reserves) Act 1978 14 10. Freeway Corporation 14 11. Freeway Corporation not to be public authority 15 12. Delegation by Freeway Corporation 15 13. Delegation by Minister 15 14. Act to bind Crown 16 PART 2--THE AGREEMENT 17 Division 1--The Agreement for the Project 17 15. Power to enter into Agreement 17 16. Power to enter into Project Documents 17 17. Amendment of Agreement 17 18. Notice of Agreement, Amending agreement, or variation 18 19. Commencement of Agreement 18 20. Commencement of Amending agreement or variation 18 21. Tabling in Parliament 19 22. Revocation 19 23. Effect of revocation of Amending agreement or variation 20 Division 2--Giving Effect to the Agreement 21 24. Act to prevail over Agreement 21 25. Duty of Government to give effect to Agreement 21 26. Appropriation 21 27. Specific performance 21 28. Enforcement of Agreement 22 29. No warranty given 22 i 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Clause Page 30. Agreement to be "State contract" 22 31. Agreement may require performance bond or other security 23 32. Agreement may empower State to call for transfer of property 23 33. Security for payments to State under Agreement 24 Victorian Legislation Parliamentary Documents PART 3--ACQUISITION OF PROJECT LAND 25 Division 1--Acquisition of Land in the Project Area 25 34. Powers of acquisition 25 35. Application of Land Acquisition and Compensation Act 1986 25 36. Acquired land to be Crown land 25 37. Acquired land deemed to be reserved 25 38. Acquisition of easement--easement in gross 26 39. Acquisition by Authority--effect on Utilities 26 40. Acquisition of lease or licence 27 41. Modification of Land Acquisition and Compensation Act 1986--general 27 42. Modification of Land Acquisition and Compensation Act 1986--temporary occupation 28 43. Modification of Land Acquisition and Compensation Act 1986--regulations 28 44. Transfer of building or structure as compensation 28 45. Adjoining land may be provided as compensation 29 46. Cultural and Recreational Lands Act 1963 30 Division 2--Acquisition of Native Title Rights and Interests 30 47. Compulsory acquisition of native title rights and interests 30 48. Acquired right or interest to vest in Crown 30 49. Procedure for acquisition 31 50. Referral of objections to Tribunal 32 51. Determination of Tribunal on objection 33 52. Disputed claims for compensation: native title land 33 53. Cultural and Recreational Lands Act 1963 34 Division 3--Acquisition of Land Outside the Project Area 34 54. Power of Authority to purchase land 34 PART 4--PROVISION OF PUBLIC LAND AND COUNCIL LAND 35 Division 1--Surrender or Divesting of Public Land and Council Land 35 55. Surrender or divesting of land of public authorities and Councils 35 56. Surrender of interests in unreserved Crown land 36 57. Effect of surrender or divesting 36 58. Temporary reservation may be amended or revoked 38 ii 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Clause Page Division 2--Removal of Reservations on Land 38 59. Land Acts not to apply 38 60. Revocation of reservation of Schedule 1 land 38 61. Revocation of reservations--entire reservation 38 Victorian Legislation Parliamentary Documents 62. Revocation of reservations--part of reservation 39 63. Effect of revocation of reservation 39 64. Temporary reservation may be amended or revoked 41 65. Minister to be notified of reservation 41 Division 3--Declaration of Roads 41 66. Orders may continue or declare roads 41 Division 4--Entry into Possession of Certain Project Land 42 67. Definitions 42 68. Power to enter into possession 43 69. Authority must try to obtain agreement 43 70. Time for entry into possession--general 43 71. Time for entry into possession--residence or business 43 72. Early entry of place of residence or business 45 73. Occupation may be extended by agreement 46 74. Continued occupation without agreement 46 75. Recovery of rent 47 76. Proceedings where refusal to give up possession 47 77. Residential Tenancies Act 1997 not to apply 48 78. Giving of notices and documents 48 Division 5--Compensation for Surrendered or Divested or Reserved Land 49 79. Compensation--surrender, divesting or revocation of reservation 49 80. Compensation for Councils in certain circumstances 50 81. Transfer of building or structure as compensation 51 82. Adjoining land may be provided as compensation 52 83. No other compensation payable 52 Division 6--General 53 84. Effect of reservation of a stratum of Crown land 53 PART 5--MANAGEMENT OF LAND FOR PROJECT 54 Division 1--General Powers of Authority 54 85. Authority appointed committee of management 54 86. Authority may carry out or authorise works on public land 54 87. Authority liable to pay compensation 55 88. Temporary access to Crown land 55 iii 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Clause Page Division 2--Licences 56 89. Application 56 90. Authority may issue licence for purposes of Project 56 91. Term of licence 57 Victorian Legislation Parliamentary Documents 92. Conditions of licence--general 57 93. Conditions on licence over stratum of land 57 94. Conditions relating to sub-licences 58 95. Ability to mortgage licence 58 96. Amendment of licence 58 97. Termination of licence 58 98. Renewal of licence 59 99. Revocation of reservation on termination of licence 59 100. Orders may close roads 60 101. Orders may continue roads 60 Division 3--Leases 61 102. Application 61 103. Leasing powers 61 104. Term of lease 61 105. Conditions of lease--general 61 106. Conditions on lease over stratum of land 61 107. Conditions relating to sub-leases 62 108. Ability to mortgage lease 62 109. Amendment of lease 62 110. Termination of lease 62 111. Renewal of lease 62 Division 4--Interim Operation 63 112. Interim operation 63 Division 5--Interim Leases and Licences for Reserved Project Land 63 113. Application 63 114. Power to issue interim licences for reserved project land 64 115. Power to grant interim leases for reserved project land 64 116. Termination of lease or licence 64 117. Proceedings where refusal to give up possession 65 118. Residential Tenancies Act 1997 not to apply 66 Division 6--Powers Over Other Land 66 119. Land purchased by Authority 66 120. Authority may enter into agreements for land 66 121. Surplus land 67 122. Disposition of surplus land 67 iv 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Clause Page PART 6--STATUTORY POWERS AND EXEMPTIONS 68 Division 1--Planning Controls 68 123. Authority may be planning authority 68 124. Authority to be responsible authority 68 Victorian Legislation Parliamentary Documents 125. Authority to be referral authority 68 126. Application of planning laws 68 127. Planning compensation 69 Division 2--Exemption from Other Statutory Approvals 69 128. Approvals of public bodies not required 69 Division 3--Application of Other Acts 70 129. Building Act 1993 70 130. Building and Construction Industry Security of Payment Act 2002 70 131. Mineral resources and extractive industry 70 PART 7--ROAD MANAGEMENT 72 Division 1--Application 72 132. Powers under Road Management Act 2004 72 Division 2--Construction Powers in Relation to Roads 72 133. Powers relating to roads 72 134. Authority to comply with Agreement 73 135. Authority to advise road authority before exercising power 73 136. Exercise of powers by road authority 73 137. Effect of decision about road 73 138. Temporary closure of roads to traffic 74 139. Powers of Freeway Corporation in relation to existing roads 74 140. Restriction on powers to close or discontinue roads 75 141. Compensation for denial of access 75 142. Freeway Corporation to be responsible for road management for certain roads on licensed land 77 Division 3--Road Declaration Powers 78 143. Declaration of Mitcham-Frankston Freeway 78 144. Declaration of other roads 79 145. Power to revoke declaration 79 146. VicRoads may not declare roads on licensed land or leased land 80 Division 4--Power of Minister to Close Freeway to Traffic 80 147. Power of Minister to close Mitcham-Frankston Freeway 80 v 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Clause Page PART 8--INTERFACE WITH UTILITIES 81 Division 1--Introduction 81 148. Certain powers of Utilities not affected 81 Victorian Legislation Parliamentary Documents Division 2--Consent of Authority 81 149. Division does not apply to leased land or licensed land 81 150. Utility to obtain consent of Authority 81 151. Utility may refer matter to Ministers for determination 82 Division 3--Consent of Freeway Corporation 82 152. Utility to obtain consent of Freeway Corporation 82 153. Utility may refer matter to Ministers for determination 83 Division 4--Agreements between Freeway Corporation and Utility 83 154. Agreements in relation to licensed land 83 155. What can a Utility agreement provide for? 83 156. Requirements for Utility agreements 84 157. Utility agreements must be approved by the Authority 84 158. Utility agreement may be amended 85 Division 5--Notified Utility Infrastructure 85 159. Duty to identify Utility infrastructure 85 160. Freeway Corporation to give notice 85 161. Duty of Utility to give notice 86 162. Copies of notices to be given to Authority 86 163. Freeway Corporation to consult and seek agreement 87 164. Referral to Ministers for determination if no agreement 87 165. Power of Minister to direct Utility 87 166. Direction to Freeway Corporation 88 167. Requirements for directions 89 168. Direction to prevail over requirement to consent 89 Division 6--Unnotified Utility Infrastructure 89 169. Duties of Freeway Corporation 89 170. Freeway Corporation to give notice 90 171. Utility agreement may be entered into 90 172. Notice to Minister if Utility cannot be found or fails to respond 91 173. Minister may direct Utility to carry out works 91 174. Direction to Freeway Corporation after notice to Minister 92 175. Direction to Freeway Corporation after application to Minister 93 176. Requirements for directions 94 177. Direction to prevail over requirement to consent 94 vi 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Clause Page Division 7--Liability for Costs 94 178. Freeway Corporation to be liable for certain relocation and rectification costs 94 179. Standard to apply to relocation or rectification 95 Victorian Legislation Parliamentary Documents 180. Liability for costs of disruption of infrastructure services 95 181. Utility liable for differential if it requests upgrade 96 182. Utility liable for delay costs 96 183. Limitation of liability 96 184. Dispute as to cost of relocation or rectification 97 185. Certification of work 97 186. Referral of matters by Utilities to Ministers for determination 98 187. Referral of matters by Freeway Corporation to Ministers for determination 98 188. Freeway Corporation no longer liable if work satisfactory 98 Division 8--Dispute Resolution 99 189. Who can determine matters referred to the Ministers? 99 190. What must be considered in determining a matter? 99 191. Requirements for determinations 99 192. Determination to prevail over inconsistent laws 99 Division 9--No Review of Determination or Direction 100 193. No appeal or review 100 PART 9--TOLLS 101 Division 1--Right to Toll 101 194. Freeway Corporation may fix, charge and collect tolls and toll administration fees 101 195. Fixing of tolls and toll administration fees 101 196. Commencement of tolling 102 Division 2--Charge and Collection of Tolls 102 197. Liability to pay toll charged 102 198. Exemptions from toll and toll administration fee 103 199. Owner not liable if sworn statement or statutory declaration supplied 103 200. Charge of toll 104 201. Payment of toll 105 202. Declared freeway use agreements 105 203. Prescribed tolling system not surveillance device 105 vii 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Clause Page Division 3--Tolling Offences 106 204. Offence to drive on Mitcham-Frankston Freeway without payment of toll 106 205. Application of offence 107 Victorian Legislation Parliamentary Documents 206. Offence to tamper with prescribed tolling devices 107 Division 4--Tolling Enforcement 108 207. Freeway Corporation may notify enforcement agency of non-payment of toll 108 208. Enforcement officers 109 209. Identification of enforcement officers 109 210. Power to serve a notice 110 211. Form of notice 110 212. Infringement penalty 111 213. Late payment of penalty 111 214. Withdrawal of notice 111 215. Payment expiates offence 112 216. Application of penalty 112 217. Prosecution after service of infringement notice 113 218. Enforcement of infringement penalty 113 219. Owner onus 114 Division 5--Evidentiary Provisions 116 220. Proof that vehicle driven on Mitcham-Frankston Freeway 116 221. Evidence of certificate or document from VicRoads 117 222. Evidence of certificate issued by Freeway Corporation 118 Division 6--Disclosure and Keeping of Records 119 223. VicRoads may disclose certain information to Freeway Corporation 119 224. Freeway Corporation to keep proper records 120 225. Destruction of records 120 PART 10--ADMINISTRATION AND ENFORCEMENT 121 Division 1--Use of Statutory Powers and Functions for Project 121 226. Governor in Council may require bodies to act 121 227. Minister may direct certain bodies to act 121 228. Powers of certain bodies extended 122 Division 2--Limitations on Powers of Councils 122 229. Limitation on Council powers--generally 122 230. Limitation on powers to make local laws 123 viii 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Clause Page Division 3--Emergency Orders 125 231. Independent Reviewer 125 232. Emergency orders 125 233. Service of emergency order 125 Victorian Legislation Parliamentary Documents 234. Period of operation of emergency order 126 235. Offence to fail to comply with emergency order 126 236. No appeal or review 126 237. Request for police assistance 127 Division 4--Emergency Management 127 238. Emergency management 127 239. Emergency access to Project area 127 Division 5--Powers of State to Control Mitcham-Frankston Freeway 128 240. Powers of State to control Project 128 Division 6--Powers of Authority to Investigate 129 241. Who is a Project party? 129 242. Authority can require information 129 243. Offence to fail to comply 130 244. Authorised officers 130 245. Identification of authorised officers 130 246. Powers of entry and access 131 247. Offence to hinder authorised officer 132 Division 7--Evidentiary Provisions 132 248. Evidentiary certificates of Authority 132 249. Evidentiary certificates of Freeway Corporation 132 Division 8--Service of Documents 133 250. Service of documents 133 Division 9--Proceedings for Offences 133 251. Proceedings for offences under Part 9 133 252. Proceedings for other offences 134 PART 11--GENERAL 135 253. Taxes and duties 135 254. Rates and charges 135 255. Requirement on Minister to consult 135 256. Action by Registrar of Titles 135 257. Supreme Court--limitation of jurisdiction 136 258. Regulations 136 ix 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Clause Page PART 12--AMENDMENTS TO OTHER ACTS 138 259. Constitution Act 1975--Amendment of section 85 138 260. Magistrates' Court Act 1989--Schedule 7 138 261. Planning and Environment Act 1987--section 201A 139 Victorian Legislation Parliamentary Documents 262. Road Management Act 2004--definitions 139 263. Road Management Act 2004--application 140 264. Road Management Act 2004--public road 140 265. Road Management Act 2004--responsible road authority 140 266. Road Management Act 2004--Statutory duties 140 267. Road Management Act 2004--road management plans 141 268. Road Management Act 2004--interference with road 141 269. Road Management Act 2004--authorised officers 142 270. Road Management Act 2004--new Divisions 2 and 3 inserted in Part 6 142 Division 2--Negligence 142 99. Application of Division 142 100. Application of Part XII of Wrongs Act 1958 142 101. Principles concerning performance of road management functions 143 102. Limitations on liability of road authority 144 103. Policy defence 145 104. Liability where duty to perform and discretionary power to remedy 145 105. Defence to prove that reasonable care was taken 146 106. Matters which may be considered to constitute contributory negligence 147 Division 3--Other Liability 147 107. Liability of road authority 147 108. Road authority is not liable as an occupier 148 109. Liability in relation to fencing 148 110. Limits in relation to liability for property damages 148 111. Indexation provision 150 271. Road Management Act 2004--damage to road 152 272. Road Management Act 2004--New section 129 inserted 152 129. Partial abrogation of "ratione tenure" rule 152 273. Road Management Act 2004--section 131 repealed 152 274. Road Management Act 2004-- new section 133A inserted 153 133A. Application of regulations to Mitcham-Frankston Freeway 153 x 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Clause Page 275. Road Management Act 2004--new sections 134A and 134B inserted 154 134A. Application of Act in respect of the Mitcham- Frankston Freeway and Freeway Corporation 154 134B. Application of Schedule 7 in respect of the Mitcham- Victorian Legislation Parliamentary Documents Frankston Freeway 156 276. Road Management Act 2004--Amendments to Victorian Civil and Administrative Tribunal Act 1998 158 277. Road Management Act 2004--section 168 repealed 159 278. Road Management Act 2004--registers of public roads 159 __________________ SCHEDULE 160 SCHEDULE 1--Revocation of Reservations 160 ENDNOTES 161 INDEX 162 xi 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

PARLIAMENT OF VICTORIA Initiated in Assembly 11 May 2004 Victorian Legislation Parliamentary Documents A BILL to make provision in relation to the construction and management of the Mitcham-Frankston Freeway, to amend section 85 of the Constitution Act 1975 and the Road Management Act 2004 and other Acts and for other purposes. Mitcham-Frankston Project Act 2004 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The main purposes of this Act are-- (a) to empower the State to enter into an Agreement for the design, construction, 5 operation, maintenance and management of the Mitcham-Frankston Freeway; and 1 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 2 (b) to provide for the collection and enforcement of tolls in relation to the use of the Mitcham- Frankston Freeway; and (c) to confer powers on the Southern and Victorian Legislation Parliamentary Documents Eastern Integrated Transport Authority in 5 relation to the land required for or affected by the Project; and (d) to provide procedures to deal with the interface between Utilities and the Freeway Corporation in relation to Utility 10 infrastructure and the Project; and (e) to confer other powers on the Minister, the Southern and Eastern Integrated Transport Authority and the Freeway Corporation and other persons for the purposes of the Project; 15 and (f) to amend the Road Management Act 2004-- (i) to modify its operation in relation to the Mitcham-Frankston Freeway; and 20 (ii) to provide for issues relating to civil liability arising out of road management; and (iii) in relation to rights of review of decisions under that Act; and 25 (g) to amend section 85 of the Constitution Act 1975 in relation to certain of the amendments made by this Act to the Road Management Act 2004. 2. Commencement 30 (1) This section and sections 1, 266, 270, 272, 273, 276 and 277 come into operation on the day after the day on which this Act receives the Royal Assent. 2 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 3 (2) Section 259 comes into operation on 1 July 2004. (3) The remaining provisions of this Act come into operation on a day or days to be proclaimed. Victorian Legislation Parliamentary Documents (4) If a provision referred to in sub-section (3) does not come into operation before 1 July 2005, it 5 comes into operation on that day. 3. Definitions (1) In this Act-- "Agreement" means-- (a) the agreement for the Project entered 10 into under section 15 and the exhibits to that agreement; or (b) if all or any of the provisions of the agreement for the Project entered into under section 15 or the exhibits to that 15 agreement are amended, the agreement and the exhibits as so amended; "Amending agreement" means an Amending agreement under section 17(1); "approved Utility agreement" means a Utility 20 agreement that is approved by the Authority under section 157; "arterial road" has the same meaning as it has in the Road Management Act 2004; "Authority" means the Southern and Eastern 25 Integrated Transport Authority established under the Southern and Eastern Integrated Transport Authority Act 2003; 3 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 3 "business day" means a day that is not-- (a) a Saturday or a Sunday; or (b) a day that is appointed as a public Victorian Legislation Parliamentary Documents holiday or public half-holiday throughout the whole of Victoria under 5 the Public Holidays Act 1993; "Central Plan Office" means the Central Plan Office of the Department of Sustainability and Environment; "Council" has the same meaning as it has in the 10 Local Government Act 1989; "Crown land" includes a stratum of Crown land; "decision-maker", in Part 8, means-- (a) the Minister and the Utility Minister; or (b) a person appointed under section 189; 15 "declared freeway use agreement" means an agreement in a class of agreements declared under section 202 to be declared freeway use agreements; "Department Head" has the same meaning as it 20 has in the Public Sector Management and Employment Act 1998; "enactment" means an Act or a regulation under an Act; "enforcement agency" means-- 25 (a) the Chief Commissioner of Police; or (b) if another person is prescribed by the regulations to be the enforcement agency with respect to all or any part of the enforcement agency's functions, 30 that other person in respect of those functions; 4 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 3 "enforcement officer" means a person appointed under section 208; "Extended Project area" has the meaning given by section 6; Victorian Legislation Parliamentary Documents "freeway" has the same meaning as it has in the 5 Road Management Act 2004; "Freeway Corporation", in relation to a provision of this Act, means the person who, for the time being, is declared under section 10 to be the Freeway Corporation in relation 10 to that provision; "freeway use agreement" means-- (a) an agreement between the Freeway Corporation and another person for the use of a vehicle on the Mitcham- 15 Frankston Freeway; or (b) a declared freeway use agreement; "land" includes a stratum of land; "lease" in Division 3 of Part 5, means a lease granted under section 103; 20 "lessee" means a person who is for the time being the lessee under a lease granted under section 103; "leased land" means land that is the subject of a lease granted under section 103; 25 "licence" in Division 2 of Part 5, means a licence issued under section 90(1) or 90(2); "licensee" means-- (a) a person who is for the time being the holder of a licence issued under 30 section 90(1); or 5 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 3 (b) in Division 2 of Part 5, a person who is for the time being the holder of a licence issued under section 90(1) or 90(2); Victorian Legislation Parliamentary Documents "licensed land" means land that is subject to a 5 licence issued under section 90(1); "Mitcham-Frankston Freeway" means land declared under section 143 to be a road and includes any part of that land; "municipal road" has the same meaning as it has 10 in the Road Management Act 2004; "Native Title Act" means the Native Title Act 1993 of the Commonwealth; "non-arterial State road" has the same meaning as it has in the Road Management Act 15 2004; "notified Utility infrastructure" means Utility infrastructure-- (a) that is identified under section 159; or (b) that has been notified under 20 section 161; "owner", in relation to a vehicle, means-- (a) the person in whose name the vehicle is registered, at the time of the trip, under the Road Safety Act 1986 or a 25 corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth; or (b) if VicRoads has received notice of transfer of registration under the 30 regulations made under the Road Safety Act 1986, the person whose name is disclosed in the records kept by VicRoads as being entitled to 6 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 3 possession of the vehicle at the time of the trip; or (c) if the vehicle is not registered under the Road Safety Act 1986 or a Victorian Legislation Parliamentary Documents corresponding Act of the 5 Commonwealth or of another State or Territory of the Commonwealth, the person whose name is disclosed in the records kept by VicRoads or the corresponding Act as being the owner 10 of or entitled to possession of the vehicle at the time of the trip; or (d) if the vehicle displays a number plate-- (i) the person who, at the time at which the registration number 15 borne by that number plate was last assigned by VicRoads or the corresponding body under a corresponding Act, was the person in whose name the vehicle, to 20 which that registration number was assigned, was registered under the Road Safety Act 1986 or a corresponding Act of the Commonwealth or of another 25 State or Territory of the Commonwealth, whether or not that vehicle is the same as the vehicle involved in the trip; or (ii) the person whose name is 30 disclosed in the records kept by VicRoads or the corresponding body under a corresponding Act as being entitled, or last entitled, to use or possess that number 35 plate at the time of the trip; or 7 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 3 (e) if the vehicle displays a general identification mark by means of a special identification plate issued under the regulations under the Road Safety Victorian Legislation Parliamentary Documents Act 1986, the person to whom the mark 5 is assigned at the time of the trip; "Project" means the project described in section 4 or any part of that project; "Project area" has the meaning given by section 5; 10 "Project construction work" means work for the construction of the Project; "Project Document" means a document of a class that is designated in the Agreement as a Project Document; 15 "public authority" means any body (including any trust) established by or under an Act for a public purpose, other than a Council; "public land" means-- (a) Crown land; or 20 (b) land owned by or vested in a public authority; "rectification" includes repair, replacement and reinstatement; "reserved Crown land" means land reserved or 25 deemed to be reserved for any public purpose under the Crown Land (Reserves) Act 1978; "reserved project land" means land that is deemed to be temporarily reserved under 30 section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project; 8 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 3 "road" has the same meaning as it has in the Road Management Act 2004; "road authority" has the same meaning as it has in the Road Management Act 2004; Victorian Legislation Parliamentary Documents "Secretary to the Department of 5 Infrastructure" means the body corporate established under section 35 of the Project Development and Construction Management Act 1994; "Secretary to the Department of Sustainability 10 and Environment" means the Department Head of the Department of Sustainability and Environment; "stratum of Crown land" means a stratum of land that is Crown land; 15 "stratum of land" means a part of land consisting of a space of any shape, below on or above the surface of the land, or partly below and partly above the surface of the land, all the dimensions of which are limited; 20 "surplus land" means land determined under section 121 to be surplus land; "toll" means a toll fixed under section 195; "toll administration fee" means a toll administration fee fixed under section 195; 25 "toll zone" means a toll zone specified under section 195; "traffic control centre" means an area of land declared under section 8 to be the traffic control centre; 30 "Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; 9 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 3 "trip" means the driving of a vehicle on the Mitcham-Frankston Freeway uninterrupted by exit from that Freeway; "unnotified Utility infrastructure" means Victorian Legislation Parliamentary Documents Utility infrastructure-- 5 (a) that has not been identified under section 159; or (b) that has not been notified under section 161; "Utility" means-- 10 (a) a utility within the meaning of the Road Management Act 2004; or (b) the Director of Public Transport under the Transport Act 1983; or (c) any person who manages rail 15 infrastructure within the meaning of Division 3 of Part VI of the Transport Act 1983; or (d) any person who operates rolling stock within the meaning of Division 3 of 20 Part VI of the Transport Act 1983; "Utility agreement" means an agreement entered into under section 154 and, if that agreement is amended under section 158, that agreement as so amended; 25 "Utility infrastructure" means any part of the supply, distribution or reticulation network operated or managed by a Utility, including-- (a) poles, pipes, cables, wires, conduits and 30 tunnels; and (b) rail infrastructure and tram infrastructure (both within the meaning of the Rail Corporations Act 1996); 10 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 3 "Utility Minister" in relation to a Utility, means the Minister for the time being administering any Act-- (a) under which a Utility is authorised to Victorian Legislation Parliamentary Documents provide an infrastructure service; or 5 (b) that regulates the provision by the Utility of an infrastructure service; "variation" means an amendment of the Agreement made under section 17(2); "variation statement" means a statement setting 10 out the terms of a variation; "vehicle" has the same meaning as "motor vehicle" has in the Road Safety Act 1986; "VicRoads" means the Roads Corporation established under Part II of the Transport 15 Act 1983; "works" has the same meaning as it has in the Road Management Act 2004. (2) In this Act, the expressions "just terms", "native title", "native title holder", "native title rights 20 and interests", "registered native title body corporate" and "registered native title claimant" have the same respective meanings as they have in the Native Title Act 1993 of the Commonwealth. 25 (3) The Premier may determine a Minister as the Utility Minister for a Utility and if a determination is made that Minister is deemed to be the Utility Minister for that Utility for the purposes of this Act. 30 11 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 4 4. The Project In this Act, a reference to the Project is a reference to the project for an integrated transport corridor connecting the Eastern Freeway to the Frankston Victorian Legislation Parliamentary Documents Freeway including tunnels under the Mullum 5 Mullum Creek and a link with the Ringwood By-Pass. 5. Project area (1) Subject to sub-section (2), for the purposes of this Act, the Project area means the areas of 10 land shown as the Project area on the plans numbered LEGL./04�047 to LEGL./04�106 and lodged in the Central Plan Office or, if any of those areas of land is varied in accordance with this Part, those areas as so varied. 15 (2) For the purposes of this Act the plans referred to in sub-section (1) must be read as one plan in the manner shown in plan numbered LEGL./04�046 and lodged in the Central Plan Office. 6. Extended Project area 20 (1) Subject to sub-section (2), for the purposes of this Act, the Extended Project area means the areas of land shown as the Extended Project Area on the plans numbered LEGL./04�047 to LEGL./04�106 and lodged in the Central Plan Office or, if any of 25 those areas of land is varied in accordance with this Part, those areas as so varied. Note: The Extended Project area includes the Project area. (2) For the purposes of this Act the plans referred to in sub-section (1) must be read as one plan in the 30 manner shown in plan numbered LEGL./04�046 and lodged in the Central Plan Office. 12 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 7 7. Changes to Project area and Extended Project area (1) The Governor in Council may, by Order published in the Government Gazette, vary the Project area by doing either or both of the following-- Victorian Legislation Parliamentary Documents (a) increasing the Project area by adding land in 5 the vicinity of the Project area; or (b) decreasing the Project area. (2) The Governor in Council may, by Order published in the Government Gazette, vary the Extended Project area by doing either or both of the 10 following-- (a) increasing the Extended Project area by adding land in the vicinity of the Extended Project area; or (b) decreasing the Extended Project area. 15 (3) An Order under this section takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that later day. (4) An Order under this section must be made on the 20 recommendation of the Minister and the Minister administering the Planning and Environment Act 1987. (5) The Ministers must not make a recommendation under sub-section (4) unless they have received 25 the appropriate plans, which have been-- (a) signed by the Surveyor-General; and (b) lodged at the Central Plan Office. (6) The Minister must cause a copy of each Order under this section to be laid before each House of 30 the Parliament within 6 sitting days of that House after the Order is made. 13 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 8 (7) Part 5 of the Subordinate Legislation Act 1994 applies to an Order under this section as if that Order were a statutory rule within the meaning of that Act. Victorian Legislation Parliamentary Documents 8. Traffic control centre 5 (1) The Governor in Council may, by Order published in the Government Gazette, declare any area of land in the Project area to be the traffic control centre. (2) An Order under this section must be made on the 10 recommendation of the Minister and the Minister administering the Planning and Environment Act 1987. (3) The Ministers must not make a recommendation under sub-section (2) unless they have received 15 the appropriate plans, which have been-- (a) signed by the Surveyor-General; and (b) lodged at the Central Plan Office. 9. Application of Crown Land (Reserves) Act 1978 For the purposes of this Act, the Crown Land 20 (Reserves) Act 1978 is deemed to have effect as if, in that Act, the terms "land" and "Crown land" had the same meanings as in this Act. 10. Freeway Corporation (1) The Governor in Council, on the recommendation 25 of the Minister, may, by Order published in the Government Gazette, declare any person to be the Freeway Corporation in relation to any provision of-- (a) this Act or the regulations; or 30 (b) the Road Management Act 2004 or the regulations under that Act. 14 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 11 (2) An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day. Victorian Legislation Parliamentary Documents 11. Freeway Corporation not to be public authority 5 The person who is for the time being the Freeway Corporation is not a public authority within the meaning of any enactment by reason only that it is the Freeway Corporation. 12. Delegation by Freeway Corporation 10 (1) The Freeway Corporation may, by instrument, delegate to one or more approved persons any of the powers and functions of the Freeway Corporation under-- (a) this Act or the regulations; or 15 (b) the Road Management Act 2004 or the regulations under that Act. (2) The Governor in Council may, by Order published in the Government Gazette, approve persons for the purposes of this section. 20 13. Delegation by Minister (1) The Minister may, by instrument, delegate to any person any of the powers of the Minister under this Act or the Agreement. (2) A delegate of a power under sub-section (1) may, 25 subject to any conditions to which the delegation is subject, sub-delegate that power to any other person or persons or body if the instrument of delegation authorises its sub-delegation. (3) Sections 42 and 42A of the Interpretation of 30 Legislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation. 15 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 1--Preliminary s. 14 14. Act to bind Crown This Act binds the Crown in right of Victoria and, as far as the legislative power of the Parliament permits, the Crown in all its other capacities. Victorian Legislation Parliamentary Documents __________________ 16 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 2--The Agreement s. 15 PART 2--THE AGREEMENT Division 1--The Agreement for the Project Victorian Legislation Parliamentary Documents 15. Power to enter into Agreement (1) The Minister, after consultation with the Treasurer, may enter into, for and on behalf of the 5 State, an agreement for the Project. (2) The agreement must be in writing. (3) Without limiting sub-section (1), the agreement may provide for the design, construction, finance, lease, operation, maintenance, repair, transfer, 10 modification, up-grade and management of the Project. 16. Power to enter into Project Documents The Minister, after consultation with the Treasurer, may enter into, for and on behalf of the 15 State, any Project Document. 17. Amendment of Agreement (1) All or any of the provisions of the Agreement may be amended from time to time by an Amending agreement. 20 (2) All or any of the provisions of the Agreement may be amended from time to time in accordance with the terms of the Agreement. (3) A variation statement must be prepared for each amendment made under sub-section (2). 25 (4) In this section, "amended" includes varied, added to, substituted, cancelled or revoked. 17 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 2--The Agreement s. 18 18. Notice of Agreement, Amending agreement, or variation (1) The Minister must cause to be published in the Government Gazette, a notice of the making of-- Victorian Legislation Parliamentary Documents (a) the Agreement; or 5 (b) an Amending agreement; or (c) a variation. (2) The notice must specify the place or places at which a person may inspect (as the case requires)-- 10 (a) the Agreement; or (b) the Amending agreement; or (c) the variation statement. 19. Commencement of Agreement The Agreement commences-- 15 (a) when the notice of making of the Agreement is published in the Government Gazette under section 18; or (b) if a later day is specified in the Agreement, on that later day. 20 20. Commencement of Amending agreement or variation (1) An Amending agreement commences-- (a) when the notice of making of the Amending agreement is published in the Government 25 Gazette under section 18; or (b) if a later day is specified in the Amending agreement, on that later day. 18 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 2--The Agreement s. 21 (2) A variation commences-- (a) when the notice of making of the variation is published in the Government Gazette under section 18; or Victorian Legislation Parliamentary Documents (b) if a later day is specified in the variation 5 statement, on that later day. 21. Tabling in Parliament (1) The Minister must cause a copy of the Agreement to be laid before each House of the Parliament within 6 sitting days of that House following the 10 making of the Agreement. (2) The Minister must cause a copy of each Amending agreement to be laid before each House of the Parliament within 6 sitting days of that House following the making of the Amending 15 agreement. (3) The Minister must cause a copy of each variation statement to be laid before each House of the Parliament within 6 sitting days of that House following the making of the variation. 20 22. Revocation (1) The Agreement may be revoked wholly or in part by resolution of each House of the Parliament passed within 6 sitting days of that House after a copy of the Agreement is laid before that House. 25 (2) An Amending agreement may be revoked wholly or in part by resolution of each House of the Parliament passed within 6 sitting days of that House after a copy of the Amending agreement is laid before that House. 30 (3) A variation may be revoked wholly or in part by resolution of each House of the Parliament passed within 6 sitting days of that House after a copy of the variation statement is laid before that House. 19 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 2--The Agreement s. 23 (4) If the Agreement is not laid before a House of the Parliament within the period required by section 21(1), the Agreement is deemed to be revoked on the day immediately following the end Victorian Legislation Parliamentary Documents of that period. 5 (5) If an Amending agreement is not laid before a House of the Parliament within the period required by section 21(2), the Amending agreement is deemed to be revoked on the day immediately following the end of that period. 10 (6) If a variation statement is not laid before a House of the Parliament within the period required by section 21(3), the variation is deemed to be revoked on the day immediately following the end of that period. 15 (7) The Minister must cause to be published in the Government Gazette a notice of the revocation of the Agreement, Amending agreement or variation or part of the Agreement, Amending agreement or variation. 20 23. Effect of revocation of Amending agreement or variation If an Amending agreement or variation or part of an Amending agreement or variation is revoked under section 22-- 25 (a) a provision of the Agreement that had been cancelled or revoked by the Amending agreement or variation, or by the part of the Amending agreement or variation that is revoked, is revived as from the beginning of 30 the day on which the Amending agreement or variation or part, was revoked; and (b) a provision of the Agreement that had been amended (otherwise than by cancellation or revocation) by the Amending agreement or 35 variation, or by the part of the Amending 20 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 2--The Agreement s. 24 agreement or variation that is revoked, takes effect without that amendment as from the beginning of the day on which the Amending agreement or variation, or part, was revoked Victorian Legislation Parliamentary Documents as if the amendment had not been made. 5 Division 2--Giving Effect to the Agreement 24. Act to prevail over Agreement If a provision of the Agreement is inconsistent with a provision of this Act, the provision of this Act prevails. 10 25. Duty of Government to give effect to Agreement Subject to the laws of Victoria, the Government, its Ministers and its public authorities will do all things necessary and practicable-- (a) to ensure that the State and all its public 15 authorities facilitate, on behalf of the State, the implementation of the Agreement; and (b) to enable the State to discharge its obligations under the Agreement. 26. Appropriation 20 Any amount that the State is required to pay under or arising out of the Agreement or a Project Document is payable from the Consolidated Fund which is, to the necessary extent, appropriated accordingly. 25 27. Specific performance For the avoidance of doubt, it is declared that section 23(1) of the Crown Proceedings Act 1958 authorises the granting and enforcement of a decree of specific performance against the Crown 30 in respect of the obligations of the State under the Agreement or a Project Document. 21 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 2--The Agreement s. 28 28. Enforcement of Agreement (1) The Agreement may be enforced only by or on behalf of the State or another party to the Agreement or a successor or assign of another Victorian Legislation Parliamentary Documents party to the Agreement. 5 (2) Neither the State nor a public authority is liable for the acts or omissions of-- (a) any other party to the Agreement; or (b) a licensee in relation to the Project; or (c) a lessee in relation to the Project. 10 29. No warranty given (1) Except as expressly provided in this Act or the Agreement, the State or a public authority must not be taken to have given-- (a) any express or implied warranty to any 15 person as to the accuracy of any information provided to the Freeway Corporation in connection with the Agreement; or (b) any express or implied representation to any person in relation to any matter disclosed in 20 any tender document or negotiation relating to the Agreement. (2) Sub-section (1) does not apply to a warranty or representation given under an Act if the Act expressly provides for a warranty or 25 representation of that kind to be relied on by any person. 30. Agreement to be "State contract" (1) The Agreement is deemed to be a State contract for the purposes of the Information Privacy Act 30 2000. 22 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 2--The Agreement s. 31 (2) Services performed under the Agreement are services in connection with the performance of the State's functions. 31. Agreement may require performance bond or other Victorian Legislation Parliamentary Documents security 5 (1) The Agreement may require the Freeway Corporation to provide or enter into a bond or other arrangement for payment to secure performance of the Agreement. (2) The State may recover any money payable under a 10 bond or arrangement referred to in sub-section (1) even if the requirement in the Agreement for the provision of the bond or arrangement or the payment of any amount under the bond or arrangement is a penalty. 15 32. Agreement may empower State to call for transfer of property (1) The Agreement may provide that the State may call for the sale, transfer or assignment to itself, or to another person, of any real or personal property 20 in which the Freeway Corporation has an interest (a property transfer provision). (2) A property transfer provision is not invalid and the State is not prevented from exercising a power conferred by the provision by reason only of a law 25 or a rule of law under which the provision, or the exercise of the power, would, but for this sub- section, have been invalid because of any mortgage, charge or other security held by the State over or in respect of the property of the 30 Freeway Corporation. (3) The State may exercise any power under a property transfer provision even if the provision is a penalty. 23 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 2--The Agreement s. 33 33. Security for payments to State under Agreement (1) This section applies to a mortgage, charge or other security given by a person that includes a provision that secures, or purports to secure, Victorian Legislation Parliamentary Documents payment to the State of an amount that is, or may 5 become due or payable to the State by the person under, or in connection with, the Agreement (a security provision). (2) A security provision is not invalid by reason only of a law or rule of law under which the provision 10 would, but for this sub-section, have been invalid or unenforceable because the property secured under the mortgage, charge or other security includes an amount that is, or may become, due and payable by the State. 15 __________________ 24 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 3--Acquisition of Project Land s. 34 PART 3--ACQUISITION OF PROJECT LAND Division 1--Acquisition of Land in the Project Area Victorian Legislation Parliamentary Documents 34. Powers of acquisition (1) The Authority may acquire an interest in land in the Project area by agreement or by a compulsory 5 process for the purposes of the Project or any purpose connected with the Project. (2) This section does not apply to the compulsory acquisition of native title rights and interests. 35. Application of Land Acquisition and Compensation 10 Act 1986 Subject to this Division, the Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose-- (a) the Mitcham-Frankston Project Act 2004 15 is the special Act; and (b) the Southern and Eastern Integrated Transport Authority is the Authority. 36. Acquired land to be Crown land Subject to section 39, any interest in land acquired 20 by the Authority under section 34 vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that Act. 37. Acquired land deemed to be reserved 25 (1) If the Authority acquires the fee simple in land under section 34, the land-- (a) is deemed to be unalienated land of the Crown; and 25 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 3--Acquisition of Project Land s. 38 (b) is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project. Victorian Legislation Parliamentary Documents (2) The reservation of land under sub-section (1) may 5 be amended, revoked and otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978. 38. Acquisition of easement--easement in gross If the Authority acquires any right in the nature of 10 an easement or purporting to be an easement under section 34, that right must be taken to be an easement even though there is no land vested in the Authority or the Crown that is benefited by or capable of being benefited by that right. 15 39. Acquisition by Authority--effect on Utilities (1) This section applies if-- (a) the Authority acquires an interest in land under section 34; and (b) an easement of a Utility or a right in the 20 nature of an easement of a Utility is extinguished on that acquisition. (2) Nothing in section 24 of the Land Acquisition and Compensation Act 1986 has the effect of removing-- 25 (a) a Utility's ownership of any Utility infrastructure; or (b) any right (other than an interest in real property) arising under any existing agreement between Utilities in relation to 30 Utility infrastructure; or (c) any right conferred by an enactment on a Utility in relation to Utility infrastructure. 26 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 3--Acquisition of Project Land s. 40 (3) The acquisition of the interest in land is not to be regarded as placing a Utility in breach of, or as constituting a default or potential default under any obligation, undertaking, warranty or covenant Victorian Legislation Parliamentary Documents in any agreement, arrangement or understanding 5 between the Utility and a third party, including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment, transfer or disposal of any land or interest in land. 10 40. Acquisition of lease or licence (1) If any interest in land to be acquired under section 34 is held by a licensee or lessee of the Crown, the Authority must notify the Secretary to the Department of Sustainability and Environment 15 of the intention to acquire the interest. (2) The notice must include a description of the interest to be acquired. 41. Modification of Land Acquisition and Compensation Act 1986--general 20 (1) Section 3(3) of the Land Acquisition and Compensation Act 1986 does not apply to the extent that this Division is inconsistent with that Act. (2) The Project area is deemed to have been reserved 25 under a planning instrument for a public purpose for the purposes of section 5 of the Land Acquisition and Compensation Act 1986. (3) Section 8(1) of the Land Acquisition and Compensation Act 1986 applies to an acquisition 30 under section 34 as if for paragraph (e) there were substituted-- "(e) state that the land is within the Project area under the Mitcham-Frankston Project Act 2004;". 35 27 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 3--Acquisition of Project Land s. 42 (4) Section 43 of the Land Acquisition and Compensation Act 1986 applies to an acquisition under section 34 as if after section 43(1)(b) there were inserted-- Victorian Legislation Parliamentary Documents "(ba) Any special suitability or adaptability of the 5 land in which the acquired interest subsists for a purpose for which it could be used under the Mitcham-Frankston Project Act 2004 for the purposes of the Project within the meaning of that Act.". 10 (5) Section 109 of the Land Acquisition and Compensation Act 1986 does not apply to an interest in land acquired under section 34. 42. Modification of Land Acquisition and Compensation Act 1986--temporary occupation 15 Section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered the Authority and any person authorised by the Authority under that section to enter any land and section 75(6) did not apply. 20 43. Modification of Land Acquisition and Compensation Act 1986--regulations The regulations in force from time to time under the Land Acquisition and Compensation Act 1986 and the forms prescribed under those 25 regulations apply in relation to the operation of this Division with such modifications as are necessary to give effect to this Division. 44. Transfer of building or structure as compensation (1) With the agreement of the person entitled to 30 compensation under this Division for the acquisition of an interest in land, the Authority may transfer a building or structure from reserved project land or surplus land or from land owned by the Authority or by that person to other land 35 owned by that person in full or in part settlement 28 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 3--Acquisition of Project Land s. 45 of any compensation that the Authority is liable to pay. (2) With the agreement of the person entitled to compensation under this Division for the Victorian Legislation Parliamentary Documents acquisition of an interest in land, the Authority 5 may ask-- (a) VicRoads to transfer a building or structure from land owned by it to land owned by that person; or (b) the Secretary to the Department of 10 Infrastructure to transfer a building or structure from land owned by it to land owned by that person-- in full or in part settlement of any compensation that the Authority is liable to pay. 15 (3) VicRoads or the Secretary to the Department of Infrastructure may comply with a request under this section despite anything to the contrary in any other Act. 45. Adjoining land may be provided as compensation 20 (1) If the Authority acquires compulsorily under this Division part of a parcel of land owned by a person, the Authority may require that person to take land-- (a) that adjoins the part of that parcel that was 25 not acquired; and (b) that is owned by the Authority or is surplus land. (2) The value of that adjoining land must be deducted from any amount to be paid by way of 30 compensation to the owner of the land acquired compulsorily by the Authority. 29 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 3--Acquisition of Project Land s. 46 (3) If the Authority and the owner cannot agree as to the value of the adjoining land, the value must be settled in the same manner and at the same time as the compensation to be paid to that owner. Victorian Legislation Parliamentary Documents 46. Cultural and Recreational Lands Act 1963 5 Section 3 of the Cultural and Recreational Lands Act 1963 does not apply to the compulsory acquisition of land under this Division. Division 2--Acquisition of Native Title Rights and Interests 47. Compulsory acquisition of native title rights and 10 interests (1) The Authority may acquire a native title right or interest in land in the Extended Project area by a compulsory process for the purposes of the Project or any purpose connected with the Project. 15 (2) Subject to this Division, the Land Acquisition and Compensation Act 1986 applies to a compulsory acquisition referred to in sub- section (1) and for that purpose-- (a) the Mitcham-Frankston Project Act 2004 20 is the special Act; and (b) the Southern and Eastern Integrated Transport Authority is the Authority. (3) Section 3(3) of the Land Acquisition and Compensation Act 1986 does not apply to the 25 extent that this Division is inconsistent with that Act. 48. Acquired right or interest to vest in Crown Any right or interest in land acquired by the Authority under section 47 vests in the Crown 30 under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that Act. 30 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 3--Acquisition of Project Land s. 49 49. Procedure for acquisition (1) For the purposes of the compulsory acquisition of native title rights and interests in land, the Authority is authorised to comply with any Victorian Legislation Parliamentary Documents relevant procedure under the Native Title Act for 5 a valid acquisition of those rights and interests. (2) If the procedure under section 24MD(6B) of the Native Title Act applies and an objection is not made under paragraph (d) of that sub-section within 2 months after notice is given under that 10 sub-section, the Authority may compulsorily acquire the native title rights and interests. (3) For the purposes of the application of the procedure under section 24MD(6B) of the Native Title Act in relation to the compulsory acquisition, 15 the Tribunal is the independent body for hearing an objection under section 24MD(6B)(f) and sections 50 and 51 apply. (4) If an objection is made under section 24MD(6B)(d) of the Native Title Act to a 20 proposed compulsory acquisition of native title rights and interests, the Authority may compulsorily acquire the native title rights and interests in the land if-- (a) all those objections have been withdrawn; or 25 (b) within 5 months after notification under section 24MD(6B) of the Native Title Act of a proposed compulsory acquisition a request has not been made for the objection to be referred to the Tribunal. 30 31 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 3--Acquisition of Project Land s. 50 (5) If an objection made under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition is referred to the Tribunal and a determination is made that the proposed Victorian Legislation Parliamentary Documents compulsory acquisition proceed, the Authority, in 5 accordance with the determination and subject to this Act, may compulsorily acquire the native title rights and interests. (6) If the Tribunal makes a determination that the proposed compulsory acquisition not proceed, or 10 proceed subject to conditions, the Authority must comply with that determination except as permitted by sub-paragraphs (i), (ii) and (iii) of section 24MD(6B)(g) of the Native Title Act. 50. Referral of objections to Tribunal 15 (1) A person or body that makes an objection under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition of native title rights and interests may request the Authority to refer the objection to the Tribunal. 20 (2) A request must be made within 5 months after notification under section 24MD(6B) of the Native Title Act of the proposed compulsory acquisition. (3) If a request is made, the Authority must refer the 25 objection to the Tribunal unless the Authority decides not to proceed with the compulsory acquisition. (4) The Authority is a party to a proceeding in the Tribunal in respect of an objection. 30 32 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 3--Acquisition of Project Land s. 51 51. Determination of Tribunal on objection (1) The Tribunal may make any of the following determinations in respect of an objection referred to it under section 50-- Victorian Legislation Parliamentary Documents (a) a determination that the proposed 5 compulsory acquisition that is the subject of the objection proceed; or (b) a determination that the proposed compulsory acquisition proceed subject to conditions; or 10 (c) a determination that the proposed compulsory acquisition not proceed. (2) In making a determination, the Tribunal must take into account-- (a) the likely impact of the proposed compulsory 15 acquisition on the objector's registered native title rights and interests; and (b) the measures proposed to be taken to minimise that impact. (3) For the avoidance of doubt, a determination is not 20 an order of the Tribunal for the purposes of the Victorian Civil and Administrative Tribunal Act 1998. Note: Compare section 79 of the Native Title Act. 52. Disputed claims for compensation: native title land 25 If the compensation payable to a person in respect of the compulsory acquisition of native title rights and interests in land to which this Division applies does not amount to compensation on just terms, the person is entitled to such additional 30 compensation as is necessary to ensure that compensation is paid on just terms. 33 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 3--Acquisition of Project Land s. 53 53. Cultural and Recreational Lands Act 1963 Section 3 of the Cultural and Recreational Lands Act 1963 does not apply to the compulsory acquisition of a right or interest under this Victorian Legislation Parliamentary Documents Division. 5 Division 3--Acquisition of Land Outside the Project Area 54. Power of Authority to purchase land (1) The Authority may purchase land for the purposes of the Project in any area outside the Project area. (2) The Authority may purchase land in any area 10 outside the Project area for the purpose of preservation, restoration or provision of native habitat. (3) The Authority may purchase the whole of a parcel of land even if only part of the land is required for 15 the purposes of the Project or for the purposes of sub-section (2). (4) If the Authority acquires part of a parcel of land under section 34, it may purchase the rest of the parcel of land under this Division even if the rest 20 of the parcel is not required for the purposes of the Project or for the purposes of sub-section (2). __________________ 34 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 55 PART 4--PROVISION OF PUBLIC LAND AND COUNCIL LAND Victorian Legislation Parliamentary Documents Division 1--Surrender or Divesting of Public Land and Council Land 55. Surrender or divesting of land of public authorities 5 and Councils (1) The Governor in Council may, by Order published in the Government Gazette-- (a) require a public authority or Council in which land in the Project area is vested to 10 surrender that land to the Crown; or (b) divest land in the Project area from a public authority or Council. (2) Sub-section (1) applies whether or not that land was vested in the public authority or Council by or 15 under an Act or by any other means. (3) Sub-section (1) does not apply to land that is reserved under the Crown Land (Reserves) Act 1978. (4) A public authority or Council must comply with a 20 requirement under sub-section (1)(a). (5) A power may only be exercised under sub- section (1) on the joint recommendation of the Minister and-- (a) in the case of a public authority, the Minister 25 administering the Act under which the public authority is established; or (b) in the case of a Council, the Minister administering the Local Government Act 1989. 30 35 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 56 56. Surrender of interests in unreserved Crown land (1) The Minister may recommend to the Governor in Council that the interests (if any) of a public authority or a Council in any Crown land that is a Victorian Legislation Parliamentary Documents part of the Project area be surrendered to the 5 Crown on-- (a) receiving a plan of land signed by the Surveyor-General; and (b) being satisfied that the land shown on the plan represents land, the interests in which 10 are to be surrendered to the Crown. (2) Sub-section (1) does not apply to land that is reserved under the Crown Land (Reserves) Act 1978. (3) On receiving the Minister's recommendation, the 15 Governor in Council may, by Order published in the Government Gazette, declare that the interests (if any) in the land shown on the plan are surrendered to the Crown. 57. Effect of surrender or divesting 20 (1) This section applies to land on-- (a) the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of the land that a public authority or Council is required to 25 surrender under section 55(1)(a); or (b) the publication in the Government Gazette of an Order under section 55(1)(b) in respect of the land; or (c) the publication in the Government Gazette of 30 an Order under section 56 in respect of the land. 36 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 57 (2) The land is deemed to be unalienated land of the Crown and is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. Victorian Legislation Parliamentary Documents (3) Unless the relevant Order under section 55 or 56 5 expressly excludes the operation of this sub- section, if any part of the land is or is being used as a road-- (a) that part of the land ceases to be a road; and (b) all rights, easements and privileges existing 10 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 grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease. 15 (4) Unless the relevant Order under section 55 or 56 expressly excludes the operation of this sub- section, if any part of the land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the 20 land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease. (5) The land is deemed to be temporarily reserved 25 under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project. (6) This section has effect despite anything to the contrary in section 175A of the Water Industry 30 Act 1994, section 10 or clause 1 of Schedule 5 to the Road Management Act 2004 or any other Act. 37 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 58 58. Temporary reservation may be amended or revoked The reservation of land under section 57(5) may be amended, revoked and otherwise dealt with in accordance with the Crown Land (Reserves) Act Victorian Legislation Parliamentary Documents 1978. 5 Division 2--Removal of Reservations on Land 59. Land Acts not to apply This Division has effect despite anything to the contrary in the Crown Land (Reserves) Act 1978 or the Land Act 1958. 10 60. Revocation of reservation of Schedule 1 land (1) The Order in Council specified in item 1 in Schedule 1 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./04�044 and lodged in the Central Plan 15 Office. (2) The reservation of land specified in item 2 in Schedule 1 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./04�045 and lodged in the Central Plan 20 Office. 61. Revocation of reservations--entire reservation (1) If any Crown land permanently or temporarily reserved under the Crown Land (Reserves) Act 1978 is entirely within the Project area, the 25 Minister may recommend to the Governor in Council that the reservation of that land be revoked in its entirety. (2) On receiving the Minister's recommendation, the Governor in Council may, by Order published in 30 the Government Gazette, revoke the following-- (a) any Order in Council reserving the land; 38 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 62 (b) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land. 62. Revocation of reservations--part of reservation Victorian Legislation Parliamentary Documents (1) If any Crown land permanently or temporarily 5 reserved under the Crown Land (Reserves) Act 1978 is within the Project area, and if only part of the reservation of that land is to be revoked, the Minister on-- (a) receiving a plan of land signed by the 10 Surveyor-General; and (b) being satisfied that the land shown on the plan represents that part of the reservation to be revoked-- may recommend to the Governor in Council that 15 that part of the 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-- (a) any Order in Council reserving the land; 20 (b) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land-- to the extent that the Order in Council, Crown grant, certificate of title or folio relates to the land 25 shown on the plan. 63. Effect of revocation of reservation (1) This section applies to-- (a) land referred to in section 60(1) or 60(2), on the commencement of that sub-section; 30 (b) land referred to in an Order under section 61, on the publication of that Order in the Government Gazette; 39 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 63 (c) land shown on a plan to which an Order under section 62 applies, on the publication of that Order in the Government Gazette. (2) The land is deemed to be unalienated land of the Victorian Legislation Parliamentary Documents Crown and is freed and discharged from all trusts, 5 limitations, reservations, restrictions, encumbrances, estates and interests. (3) Unless the relevant Order under section 61 or 62 expressly excludes the operation of this sub- section, if any part of the land is or is being used 10 as a road-- (a) that part of the land ceases to be a road; and (b) 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 15 incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease. (4) Unless the relevant Order under section 61 or 62 expressly excludes the operation of this sub- 20 section, if any part of the land is the bed, soil and banks of a river, 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 grant, or past 25 dedication or supposed dedication or by user or operation of law or otherwise, cease. (5) The appointment of any committee of management is revoked in so far as it applies to the land. 30 (6) Any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land. 40 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 64 (7) 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, the purposes of the Project. Victorian Legislation Parliamentary Documents (8) This section has effect despite anything to the 5 contrary in section 175A of the Water Industry Act 1994, section 10 of the Road Management Act 2004 or any other Act. 64. Temporary reservation may be amended or revoked The reservation of land under section 63(7) may 10 be amended, revoked and otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978. 65. Minister to be notified of reservation The Authority must notify the Minister 15 administering the Crown Land (Reserves) Act 1978 of the reservation of any land under this Division. Division 3--Declaration of Roads 66. Orders may continue or declare roads 20 (1) An Order made under Division 1 or Division 2 may specify that any part of the land (that is the subject of the Order) that was a freeway, an arterial road, a non-arterial State road or a municipal road before the publication of the Order 25 continues to be a freeway, an arterial road, a non- arterial State road or a municipal road. (2) Any land that is specified in an Order in accordance with sub-section (1) continues be a freeway, an arterial road, a non-arterial State road 30 or a municipal road as specified in the Order. 41 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 67 (3) The Governor in Council may, by Order published in the Government Gazette, specify that any reserved project land that was a freeway, an arterial road, a non-arterial State road or a Victorian Legislation Parliamentary Documents municipal road immediately before it became 5 reserved project land is to be deemed to be a freeway, an arterial road, a non-arterial State road or a municipal road. (4) Any land that is specified in an Order in accordance with sub-section (3) is, from the date 10 of publication of the Order, deemed to be declared under section 14 of the Road Management Act 2004 as a freeway, an arterial road, a non-arterial State road or a municipal road as specified in the Order. 15 (5) For the avoidance of doubt it is declared that this section has effect in addition to and not in derogation of the deemed reservation of the land under this Division. (6) This section has effect despite anything to the 20 contrary in any other Act. Division 4--Entry into Possession of Certain Project Land 67. Definitions In this Division-- "project land" means land that is deemed under 25 Division 1 or Division 2 to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project; 30 "reservation date" in relation to land means the date on which the land became project land. 42 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 68 68. Power to enter into possession Subject to this Division, the Authority may enter into possession of project land. Victorian Legislation Parliamentary Documents 69. Authority must try to obtain agreement The Authority must diligently endeavour to obtain 5 agreement with the person in occupation of project land (the occupier) as to the terms on which the Authority will enter into possession of the land. 70. Time for entry into possession--general 10 If, at the reservation date, project land is not used by any person as the principal place of residence or business of that person, the Authority may enter into possession of the land at any time after the reservation date after giving 7 days' notice in 15 writing of its intention to enter into possession to the occupier of the land. 71. Time for entry into possession--residence or business (1) Subject to this Division, if project land or part of 20 project land is used, at the reservation date, by a person as the principal place of residence or business of that person, the Authority must not enter into possession of-- (a) the part of the land so used; or 25 (b) if the whole of the land is so used, that land-- before the end of 3 months after the reservation and unless the Authority has given 7 days' notice in writing of its intention to enter into possession 30 to the occupier of the land. 43 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 71 (2) The occupier is not liable for the payment of rent in respect of the occupation of that part of the project land that is used as the principal place of residence or business of the occupier during the Victorian Legislation Parliamentary Documents 3 month period referred to in sub-section (1). 5 (3) If the occupier ceases of the occupier's own accord to occupy the project land before the end of the 3 month period referred to in sub-section (1), the entitlement of that person under this Division to occupy the land without payment of 10 rent to the Authority also ceases. (4) If the occupier was in occupation of the land immediately before the reservation date-- (a) in accordance with section 26(2) of the Land Acquisition and Compensation Act 1986 15 or an agreement under section 26(6) of that Act; or (b) in accordance with section 20E(2) of the Project Development and Construction Management Act 1994 or an agreement 20 under section 20E(6) of that Act-- this Division applies as if the 3 month period referred to in sub-section (1) were the remainder of the period of occupation permitted under the relevant provision or agreement specified in 25 paragraph (a) or (b) of this sub-section. (5) If the occupier was in occupation of the land before the reservation date-- (a) in accordance with section 26(2) of the Land Acquisition and Compensation Act 1986 30 or an agreement under section 26(6) of that Act; or 44 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 72 (b) in accordance with section 20E(2) of the Project Development and Construction Management Act 1994 or an agreement under section 20E(6) of that Act-- Victorian Legislation Parliamentary Documents and the period of occupation permitted under the 5 relevant provision or agreement specified in paragraph (a) or (b) had ended before the reservation date, the Authority may enter into possession of the land at any time after the reservation date after giving 7 days' notice in 10 writing of its intention to enter into possession to the occupier of the land. 72. Early entry of place of residence or business (1) Section 71 does not apply if-- (a) the Governor in Council certifies that having 15 regard to-- (i) the urgency of the case or any other exceptional circumstances; and (ii) the public interest-- it is not practicable for the Authority to delay 20 entry into possession of the project land until after the end of the 3 month period referred to in section 71(1); or (b) the Authority and the occupier have, with the consent of the Minister, entered into an 25 agreement in relation to the time of entry into possession of the project land by the Authority. (2) A certificate under sub-section (1)(a) must specify the date on which the Authority is to take 30 possession. (3) The Authority must serve a copy of the certificate under sub-section (1)(a) on the occupier. 45 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 73 (4) The occupier whose period of occupation of the project land was abridged under sub-section (1)(a) is entitled to claim compensation under Division 5 for any loss or damage that is incurred as a direct, Victorian Legislation Parliamentary Documents natural and reasonable consequence of that 5 abridgment and for which the person could not otherwise make a claim under that Division. (5) The compensation payable pursuant to sub- section (4) may be paid to-- (a) the person who is entitled to claim the 10 compensation; or (b) the constituted attorney of that person. 73. Occupation may be extended by agreement (1) The period of occupation of the project land after the reservation date (including the 3 month period 15 referred to in section 71(1)) may be extended by agreement in writing between the Authority and the occupier of the project land. (2) An agreement under sub-section (1) must provide for the payment of rent by the occupier of the 20 relevant land to the Authority. 74. Continued occupation without agreement If a person continues to occupy project land after the period permitted under section 71 or the reservation date (as the case may be) and an 25 agreement has not been entered into under section 73 in respect of that occupation, that person-- (a) is to be taken to be in possession of the land in pursuance of a tenancy determinable at 30 will by the Authority; and (b) is liable to pay to the Authority a fair market rent in respect of that continued occupation. 46 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 75 75. Recovery of rent Any rent payable to the Authority under this Division may be recovered as a debt due to the Authority in any court of competent jurisdiction. Victorian Legislation Parliamentary Documents 76. Proceedings where refusal to give up possession 5 (1) If the Authority is entitled under this Division to enter into possession of project land and the occupier of the land or any other person-- (a) refuses to give up the possession of the land; or 10 (b) hinders the Authority from entering on and taking possession of the land-- the Authority may issue its warrant under this section to the sheriff. (2) A warrant issued under this section authorises the 15 sheriff to-- (a) enter onto the land specified in the warrant; and (b) deliver possession of the land to the Authority or the person appointed in the 20 warrant to receive possession of the land; and (c) use such force as is reasonably necessary to execute the warrant. (3) On receipt of a warrant issued under this section, 25 the sheriff must deliver possession of the land to the Authority or the person appointed in the warrant to receive possession of the land. (4) The costs incurred in the issuing and execution of a warrant must be paid by the person refusing to 30 give up possession. 47 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 77 (5) The amount of the costs and the amount of any rent owed by that person must be deducted and retained by the Authority from the compensation (if any) payable under this Part to that person. Victorian Legislation Parliamentary Documents (6) If no compensation is payable to that person or if 5 the compensation payable is less than the amount of the costs and rent (if any) then payment of the amount in excess of the compensation must if not paid on demand be enforced by a warrant to seize property. 10 (7) On application by the Authority, a magistrate must issue a warrant for the purposes of sub- section (6). (8) In this section, "sheriff" means the sheriff or a deputy sheriff under the Supreme Court Act 15 1986. 77. Residential Tenancies Act 1997 not to apply Nothing in the Residential Tenancies Act 1997 applies to or in relation to any matter provided for or any proceedings under this Division. 20 78. Giving of notices and documents (1) Any notice or other document that the Authority is required to give to any person under this Division may be served on that person in accordance with section 250. 25 (2) If the Authority does not know the location of a person on whom the Authority is required to serve the notice or document, the notice or document may be served-- (a) by publication of a copy of it in a newspaper 30 circulating generally throughout the State; and (b) by affixing it in a prominent place on the land to which it relates. 48 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 79 (3) The validity of any notice under this Division is not affected by any misdescription in it of the land or of any interest in the land if sufficient information appears on the face of the notice to Victorian Legislation Parliamentary Documents identify the land or interest affected. 5 Division 5--Compensation for Surrendered or Divested or Reserved Land 79. Compensation--surrender, divesting or revocation of reservation (1) Subject to this Act and the Land Acquisition and 10 Compensation Act 1986, every person who-- (a) immediately before the publication of an Order under Division 1 or 2 had a legal or equitable estate or interest in land to which the Order applies; or 15 (b) immediately before the commencement of section 60(1) or 60(2) had a legal or equitable estate or interest in any Crown land to which that sub-section applies-- has a claim for compensation. 20 (2) The Land Acquisition and Compensation Act 1986 (except sections 31 to 36) applies to the determination of compensation payable under this section-- (a) in the case of an estate or interest in land to 25 which sub-section (1)(a) applies, as if the publication of the Order were a notice of acquisition of that estate or interest and the Authority had acquired that estate or interest; or 30 49 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 80 (b) in the case of an estate or interest in land to which sub-section (1)(b) applies, as if the proclamation of the commencement of section 60(1) or 60(2) were a notice of Victorian Legislation Parliamentary Documents acquisition of that estate or interest and the 5 Authority had acquired that estate or interest. (3) Section 43 of the Land Acquisition and Compensation Act 1986 applies to the determination of compensation under this section as if after section 43(1)(b) there were inserted-- 10 "(ba) Any special suitability or adaptability of the land in which the acquired interest subsists for a purpose for which it could be used under the Mitcham-Frankston Project Act 2004 for the purposes of the Project within 15 the meaning of that Act.". (4) This section does not apply to-- (a) an estate or interest held by a public authority; or (b) an estate or interest (other than an interest in 20 fee simple) held by a Council. 80. Compensation for Councils in certain circumstances (1) This section applies to land-- (a) that was under the control of a Council immediately before the publication of an 25 Order under Division 1 or 2 in relation to that land; or (b) to which section 60(1) or 60(2) applies that was under the control of a Council immediately before the commencement of 30 that sub-section. 50 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 81 (2) If the Council has-- (a) sustained any pecuniary loss; or (b) incurred any expense-- Victorian Legislation Parliamentary Documents as a direct, natural and reasonable consequence of the Order or the commencement of section 60(1) 5 or 60(2), the Council may claim the amount of that loss or expense from the Authority. (3) For the purposes of sub-section (2), the value of the land must not be taken into account when calculating the loss sustained or expense incurred 10 by the Council. (4) A claim under sub-section (2) must be made within 2 years after the Order was made or section 60(1) or 60(2) commenced (as the case requires). 15 (5) Section 48 and Parts 10 and 11 of the Land Acquisition and Compensation Act 1986 apply to a claim under sub-section (2) as if it were a claim under section 47(1) of that Act. 81. Transfer of building or structure as compensation 20 (1) With the agreement of a Council entitled to compensation under this Division, the Authority may transfer a building or structure from reserved project land or surplus land or from land owned by the Authority or by the Council to other land 25 owned by the Council in full or in part settlement of any compensation that the Authority is liable to pay. (2) With the agreement of a Council entitled to compensation under this Division, the Authority 30 may ask-- (a) VicRoads to transfer a building or structure from land owned by it to land owned by the Council; or 51 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 82 (b) the Secretary to the Department of Infrastructure to transfer a building or structure from land owned by it to land owned by the Council-- Victorian Legislation Parliamentary Documents in full or in part settlement of any compensation 5 that the Authority is liable to pay. (3) VicRoads or the Secretary to the Department of Infrastructure may comply with a request under this section despite anything to the contrary in any other Act. 10 82. Adjoining land may be provided as compensation (1) If the Authority is liable to pay compensation to a Council under section 80, the Authority may require the Council to take land-- (a) that adjoins land owned by the Council; and 15 (b) that is owned by the Authority or is surplus land. (2) The value of that land must be deducted from any amount to be paid by way of compensation to the Council by the Authority under section 80. 20 (3) If the Authority and the Council cannot agree on the value of the adjoining land, the value must be settled in the same manner and at the same time as the compensation to be paid to the Council under section 80. 25 83. No other compensation payable Except as provided in this Division, no compensation is payable by the Crown or the Authority in respect of anything done or arising out of this Part. 30 52 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 4--Provision of Public Land and Council Land s. 84 Division 6--General 84. Effect of reservation of a stratum of Crown land If a stratum of Crown land becomes reserved Victorian Legislation Parliamentary Documents project land, any reservation or other right, title, trust, limitation, reservation, restriction, 5 encumbrance, estate or interest-- (a) that applied both to that stratum of land and to any other stratum of land, immediately before the reservation of that stratum; and (b) that was revoked or surrendered with respect 10 to the reserved stratum on the reservation of the stratum-- continues to apply to the other strata of land to which it applied immediately before the reservation, despite the reservation of that stratum. 15 __________________ 53 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 5--Management of Land for Project s. 85 PART 5--MANAGEMENT OF LAND FOR PROJECT Division 1--General Powers of Authority Victorian Legislation Parliamentary Documents 85. Authority appointed committee of management (1) The Authority is deemed to be the committee of management under the Crown Land (Reserves) 5 Act 1978 of reserved project land. (2) The provisions of sections 15(2), 15(3), 15(4), 15(7), 15(8) and 15(9) of the Crown Land (Reserves) Act 1978 do not apply to the Authority as committee of management. 10 (3) In addition to the powers conferred on committees of management under the Crown Land (Reserves) Act 1978, the Authority as committee of management has all the powers necessary to give effect to this Act. 15 (4) For the purposes of this section, the Crown Land (Reserves) Act 1978 applies as if a reference to the Minister under that Act were a reference to the Minister administering this Act. 86. Authority may carry out or authorise works on 20 public land (1) The Authority may carry out or authorise any person or body to carry out works on public land in the Extended Project area for the purposes of the Project. 25 (2) The Authority must consult with any Minister or public authority that owns or is responsible for the management of public land before carrying out or authorising the carrying out of works on that land. 54 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 5--Management of Land for Project s. 87 (3) The Authority must not carry out or authorise the carrying out of works on reserved Crown land unless-- (a) the works are not inconsistent with the Victorian Legislation Parliamentary Documents reservation of the land; or 5 (b) the reservation is revoked. 87. Authority liable to pay compensation (1) The Authority is liable to compensate any person who has-- (a) sustained any pecuniary loss; or 10 (b) incurred any expense-- as a direct, natural and reasonable consequence of the entry onto or occupation of or the carrying out of works on public land under section 86 by or on behalf of the Authority. 15 (2) Any claim for compensation must be made and dealt with in accordance with the Land Acquisition and Compensation Act 1986 as if it were a claim under section 47(1) of that Act. (3) A Utility is not entitled to compensation under 20 this section. 88. Temporary access to Crown land (1) The Authority may use or authorise the use of any Crown land for the purposes of the Project. (2) The Authority must obtain the approval of the 25 Land Minister before exercising any power under sub-section (1). (3) Once the use has ended, the Authority must ensure that any land used under this section is restored to a condition that is satisfactory to the Land 30 Minister. 55 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 5--Management of Land for Project s. 89 (4) The Authority must not use or authorise the use of reserved Crown land under this section unless-- (a) the use is not inconsistent with the reservation of the land; or Victorian Legislation Parliamentary Documents (b) the reservation is revoked. 5 (5) In this section "Land Minister" means the Minister administering section 12 of the Land Act 1958. Division 2--Licences 89. Application 10 This Division applies despite anything to the contrary in section 175A of the Water Industry Act 1994, the Land Act 1958, the Crown Land (Reserves) Act 1978 or any other Act. 90. Authority may issue licence for purposes of Project 15 (1) The Authority may issue a licence to any person to enter on and use the whole or part of-- (a) any reserved Project land in the Project area; or (b) any public land in the Extended Project area 20 that is not in the Project area-- for the purposes of the construction of the Project. (2) The Authority may issue a licence to any person to enter on and use the whole or part of-- (a) any former Project land; or 25 (b) any public land in the Extended Project area that is not in the Project area-- for any of the other purposes of the Project. 56 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 5--Management of Land for Project s. 91 (3) The Authority must consult with any Minister or public authority that owns or is responsible for the management of public land or former Project land before carrying out or authorising the carrying out Victorian Legislation Parliamentary Documents of works on that land. 5 (4) The Authority must not issue a licence for the use of public land or former Project land that is reserved Crown land unless-- (a) the use is not inconsistent with the reservation of the land; or 10 (b) the reservation is revoked. (5) In this section "former Project land" means land in the Project area that was reserved Project land but in respect of which the reservation for the purposes of the Project has been revoked. 15 91. Term of licence The period for which a licence is issued must not exceed the period of operation of the Agreement. 92. Conditions of licence--general (1) A licence may be issued subject to any conditions 20 that are not inconsistent with the Agreement. (2) A licence that is inconsistent with the Agreement is invalid only to the extent of the inconsistency. 93. Conditions on licence over stratum of land (1) In imposing conditions on a licence over a stratum 25 of land, the Authority must have regard to the following matters-- (a) that reasonable access to and use of the stratum and other land be provided for; and (b) that the rights of the registered proprietor, 30 lessee or licensee of other land not be interfered with; and 57 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 5--Management of Land for Project s. 94 (c) that the rights of support of the stratum or of other land or of any building or structure erected or to be erected on those lands be provided for; and Victorian Legislation Parliamentary Documents (d) that the making and removal of 5 improvements by the licensee be provided for; and (e) that any necessary rights for the passage or provision of services (including drainage, sewerage or the supply of water, gas, 10 electricity or telecommunications) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or of other land, be provided for. (2) The issuing of a licence under this Division of a 15 stratum of land is conclusive proof of compliance with sub-sections (1)(a), (1)(b), (1)(c), (1)(d) and (1)(e) with respect to the licence. 94. Conditions relating to sub-licences The conditions on a licence may include 20 conditions relating to sub-licences. 95. Ability to mortgage licence The licensee may only mortgage, charge, assign or otherwise encumber the licensee's interest in the licence in accordance with the terms of the 25 Agreement. 96. Amendment of licence A licence may be amended at any time with the agreement of the licensee. 97. Termination of licence 30 A licence may be terminated in whole or in part before the end of the term of the licence in accordance with the Agreement. 58 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 5--Management of Land for Project s. 98 98. Renewal of licence (1) A licence may be renewed in accordance with the terms of the Agreement. Victorian Legislation Parliamentary Documents (2) A licence must not be renewed for a period that ends after the end of the period of operation of the 5 Agreement. 99. Revocation of reservation on termination of licence (1) The Minister, after consultation with the Minister administering the Crown Land (Reserves) Act 1978, may recommend to the Governor in Council 10 that the temporary reservation of licensed land be revoked on the termination of the licence as to that land. (2) After receiving the Minister's recommendation, the Governor in Council may, by Order published 15 in the Government Gazette, revoke the reservation of the land. (3) An Order under sub-section (2) has effect on the day that it is published in the Government Gazette. 20 (4) On an Order under sub-section (2) taking effect-- (a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and 25 (b) the appointment of the Authority as committee of management is revoked to the extent that it applies to the land. 59 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 5--Management of Land for Project s. 100 100. Orders may close roads (1) An Order made under section 99 may specify that any part of the land that is the subject of the Order ceases to be a road. Victorian Legislation Parliamentary Documents (2) If an Order made under section 99 specifies that 5 any land ceases to be a road-- (a) that land ceases to be a road; and (b) all rights, easements and privileges existing or claimed in that land either in the public or by any body or person as incident to any 10 express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease. (3) This section applies despite anything to the contrary in section 10 of the Road Management 15 Act 2004. 101. Orders may continue roads (1) An Order made under section 99 may specify that any part of the land that is the subject of the Order that was a freeway, an arterial road, a non-arterial 20 State road or a municipal road immediately before the publication of the Order continues to be a freeway, an arterial road, a non-arterial State road or a municipal road. (2) Any land that is specified in an Order in 25 accordance with sub-section (1) continues be a freeway, an arterial road, a non-arterial State road or a municipal road as specified in the Order. (3) This section has effect despite anything to the contrary in any other Act. 30 60 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 5--Management of Land for Project s. 102 Division 3--Leases 102. Application This Division applies despite anything to the Victorian Legislation Parliamentary Documents contrary in section 175A of the Water Industry Act 1994, the Land Act 1958, the Crown Land 5 (Reserves) Act 1978 or any other Act. 103. Leasing powers The Governor in Council, on behalf of the Crown, subject to and in accordance with the terms of the Agreement may grant a lease of any part of the 10 Project area for the purposes of the Project. 104. Term of lease The term of a lease must be in accordance with the Agreement. 105. Conditions of lease--general 15 (1) A lease may be granted subject to any conditions that are not inconsistent with the Agreement. (2) A lease that is inconsistent with the Agreement is invalid only to the extent of the inconsistency. 106. Conditions on lease over stratum of land 20 (1) In imposing conditions on a lease of a stratum of land, the Governor in Council must have regard to the following matters-- (a) that reasonable access to and use of the stratum and other land be provided for; and 25 (b) that the rights of the registered proprietor, lessee or licensee of other land not be interfered with; and (c) that the rights of support of the stratum or of other land or of any building or structure 30 erected or to be erected on those lands be provided for; and 61 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 5--Management of Land for Project s. 107 (d) that the making, maintenance and removal of improvements by the lessee be provided for; and (e) that any necessary rights for the passage or Victorian Legislation Parliamentary Documents provision of services (including drainage, 5 sewerage or the supply of water, gas, electricity or telecommunications) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or of other land, be provided for. 10 (2) The granting of a lease under this Division of a stratum of land is conclusive proof of compliance with sub-sections (1)(a), (1)(b), (1)(c), (1)(d) and (1)(e) with respect to the lease. 107. Conditions relating to sub-leases 15 The conditions imposed on a lease may include conditions relating to sub-leases. 108. Ability to mortgage lease The lessee may only mortgage, charge, assign or otherwise encumber the lessee's interest in the 20 lease in accordance with the terms of the Agreement. 109. Amendment of lease A lease may be amended at any time with the agreement of the lessee. 25 110. Termination of lease A lease may be terminated in whole or in part before the end of the term of the lease in accordance with the Agreement. 111. Renewal of lease 30 A lease may be renewed in accordance with the terms of the Agreement. 62 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 5--Management of Land for Project s. 112 Division 4--Interim Operation 112. Interim operation (1) The Minister may, by notice in the Government Victorian Legislation Parliamentary Documents Gazette, determine an area of land as land to which this section applies. 5 (2) A determination may only be made under sub- section (1) in relation to land in respect of which the temporary reservation has been revoked under Division 2. (3) If notice of an area of land has been given under 10 sub-section (1) this Act applies to that land as if any reference in this Act to leased land or land leased under Division 3 included a reference to that land. (4) The Governor in Council may by Order published 15 in the Government Gazette declare that this section no longer applies to certain land. (5) This section ceases to apply to land-- (a) on the grant of a lease of that land under Division 3; or 20 (b) on the publication of an Order under sub- section (4) in respect of the land-- whichever is the earlier. Division 5--Interim Leases and Licences for Reserved Project Land 25 113. Application (1) This Division applies despite anything to the contrary in section 175A of the Water Industry Act 1994, the Land Act 1958, the Crown Land (Reserves) Act 1978 or any other Act. 30 (2) This Division does not apply to leased land or licensed land. 63 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 5--Management of Land for Project s. 114 114. Power to issue interim licences for reserved project land The Authority may issue a licence to any person to enter on and use the whole or part of reserved Victorian Legislation Parliamentary Documents project land for any purpose that is not 5 inconsistent with the proposed use of the land for the purposes of the Project. 115. Power to grant interim leases for reserved project land The Authority may grant a lease to any person of 10 the whole or part of reserved project land for any purpose that is not inconsistent with the proposed use of the land for the purposes of the Project. 116. Termination of lease or licence (1) The Authority may terminate a lease or licence by 15 giving the required notice of termination to the lessee or licensee. (2) The required notice of termination is not less than-- (a) 60 business days in respect of land used as 20 the lessee's or licensee's principal place of residence; or (b) 20 business days in any other case. (3) A lease or licence may be terminated earlier with the agreement of the lessee or licensee. 25 (4) The Authority is entitled to enter into possession of the land on the termination of the lease or licence. (5) This section applies despite anything to the contrary in the lease or licence. 30 64 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 5--Management of Land for Project s. 117 117. Proceedings where refusal to give up possession (1) If the Authority is entitled under this Division to enter into possession of land and the person in occupation of the land or any other person-- Victorian Legislation Parliamentary Documents (a) refuses to give up the possession of the land; 5 or (b) hinders the Authority from entering on and taking possession of the land-- the Authority may issue its warrant under this section to the sheriff. 10 (2) A warrant issued under this section authorises the sheriff to-- (a) enter on the land specified in the warrant; and (b) deliver possession of the land to the 15 Authority or the person appointed in the warrant to receive possession of the land; and (c) use such force as is reasonably necessary to execute the warrant. 20 (3) On receipt of a warrant issued under this section, the sheriff must deliver possession of the land to the Authority or the person appointed in the warrant to receive possession of the land. (4) The costs incurred in the issuing and execution of 25 a warrant must be paid by the person refusing to give up possession. (5) The amount of the costs may if not paid on demand be enforced by a warrant to seize property. 30 (6) On application by the Authority, a magistrate must issue a warrant for the purposes of sub- section (5). 65 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 5--Management of Land for Project s. 118 (7) In this section, "sheriff" means the sheriff or a deputy sheriff under the Supreme Court Act 1986. 118. Residential Tenancies Act 1997 not to apply Victorian Legislation Parliamentary Documents Nothing in the Residential Tenancies Act 1997 5 applies to or in relation to a lease under this Division. Division 6--Powers Over Other Land 119. Land purchased by Authority The Authority may sell, lease, licence or 10 otherwise deal with any land purchased by the Authority under section 54. 120. Authority may enter into agreements for land (1) The Authority alone or jointly with any other person may enter into an agreement with another 15 person (the purchaser) concerning the use or development of land purchased by the Authority under section 54-- (a) on disposing of the whole of its interest in the land to the purchaser; or 20 (b) in anticipation of disposing of the whole of its interest in the land to the purchaser. (2) Division 2 of Part 9 of the Planning and Environment Act 1987 applies to an agreement under sub-section (1) as if-- 25 (a) that agreement were an agreement under that Division; and (b) that Division referred to the Authority instead of the responsible authority for the planning scheme; and 30 (c) section 174(2)(c) were omitted; and 66 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 5--Management of Land for Project s. 121 (d) sections 177(2), 178 and 179(1) referred to the Minister administering this Act instead of the Minister. 121. Surplus land Victorian Legislation Parliamentary Documents (1) The Authority, with the approval of the Minister 5 and the Minister administering section 12 of the Land Act 1958, may determine that certain Crown land in the Project area is not required for the Project and is surplus land. (2) The Authority must publish a copy of a 10 determination under this section in the Government Gazette. (3) This section does not apply to-- (a) land reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978; or 15 (b) leased land; or (c) licensed land; or (d) land for which the Agreement requires a licence to be issued under Division 2 or a lease to be granted under Division 3. 20 122. Disposition of surplus land (1) The Authority, after consultation with the Minister administering section 12 of the Land Act 1958, may, on behalf of the Crown, sell, lease or licence surplus land. 25 (2) The proceeds of the sale of land under this section, less any costs incurred by the Authority in selling the land, must be paid into the Consolidated Fund. (3) This section applies despite anything to the 30 contrary in the Land Act 1958. __________________ 67 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 6--Statutory Powers and Exemptions s. 123 PART 6--STATUTORY POWERS AND EXEMPTIONS Division 1--Planning Controls Victorian Legislation Parliamentary Documents 123. Authority may be planning authority The Authority may be authorised as a planning authority under section 11 of the Planning and 5 Environment Act 1987 in respect of the preparation of an amendment to a planning scheme for any part of the Extended Project area. 124. Authority to be responsible authority (1) The Minister administering the Planning and 10 Environment Act 1987 on the recommendation of the Minister may appoint the Authority as the responsible authority for the administration and enforcement of any planning scheme or any part of a planning scheme. 15 (2) If the Authority is appointed under sub- section (1), it is deemed for the purposes of the Planning and Environment Act 1987 to be the responsible authority for the administration and enforcement of the planning scheme or the 20 relevant part of a planning scheme. 125. Authority to be referral authority The Authority is deemed to be specified as a referral authority in any planning scheme under the Planning and Environment Act 1987 in 25 relation to land in the Extended Project area. 126. Application of planning laws (1) This section applies to a use or development of land in the Extended Project area that is authorised by or under this Act or the Agreement 30 for the purposes of the Project. 68 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 6--Statutory Powers and Exemptions s. 127 (2) Nothing in a planning scheme under the Planning and Environment Act 1987-- (a) requires a permit under that Act for the use or development; or Victorian Legislation Parliamentary Documents (b) prevents the use or development. 5 (3) This section does not apply to the traffic control centre. 127. Planning compensation (1) Despite anything to the contrary in Part 5 of the Planning and Environment Act 1987 or in a 10 planning scheme or amendment under that Act, that Part applies as if-- (a) the Project area had been reserved for a public purpose under a planning scheme; and (b) the Authority was liable to pay any 15 compensation under that Part that arises from that deemed reservation and no other planning authority, responsible authority, Minister or public authority was liable to pay compensation in respect of the Project area 20 under that Part. (2) On the revocation of the reservation under this Act of any reserved project land, sub-section (1) ceases to apply to that land. Division 2--Exemption from Other Statutory Approvals 25 128. Approvals of public bodies not required (1) Subject to Part 8, but despite anything to the contrary in any other enactment or law, a permit, licence, consent, approval or other authority is not required from any person or body, other than the 30 Authority (in accordance with the Agreement) or the Environment Protection Authority, for the 69 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 6--Statutory Powers and Exemptions s. 129 carrying out of works for the purposes of the Project. (2) Nothing in this section derogates from any requirement relating to standards of construction Victorian Legislation Parliamentary Documents and safety that may apply under any other Act. 5 Division 3--Application of Other Acts 129. Building Act 1993 (1) The Building Act 1993 does not apply to or in relation to licensed land or leased land or to anything done on that land. 10 (2) Despite sub-section (1), the Building Act 1993 applies to and in relation to the traffic control centre. 130. Building and Construction Industry Security of Payment Act 2002 15 The Building and Construction Industry Security of Payment Act 2002 does not apply to the Crown in respect of the Agreement or anything done under the Agreement. 131. Mineral resources and extractive industry 20 (1) The Mineral Resources Development Act 1990 does not apply to or in relation to licensed land or leased land or to anything done on that land. (2) The Extractive Industries Development Act 1995 does not apply to or in relation to licensed 25 land or leased land or to anything done on that land. (3) Section 204 of the Land Act 1958 does not apply to a licence issued under section 90(1) or to a lease granted under section 103. 30 70 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 6--Statutory Powers and Exemptions s. 131 (4) Section 205 of the Land Act 1958 does not apply to licensed land or leased land. (5) Nothing in this section affects the ownership by the Crown of minerals. Victorian Legislation Parliamentary Documents __________________ 71 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 7--Road Management s. 132 PART 7--ROAD MANAGEMENT Division 1--Application Victorian Legislation Parliamentary Documents 132. Powers under Road Management Act 2004 The powers conferred on the Freeway Corporation under this Part are in addition to any powers 5 conferred on the Freeway Corporation under the Road Management Act 2004. Division 2--Construction Powers in Relation to Roads 133. Powers relating to roads (1) The Authority, for the purposes of facilitating the 10 construction of the Project, may-- (a) open, discontinue, construct, relocate or realign any road; and (b) close any road to traffic. (2) Without limiting sub-section (1), the Authority 15 may-- (a) carry out improvements to roads in the Extended Project area; and (b) carry roads over or under any road constructed or to be constructed in the 20 Extended Project area; and (c) carry any road constructed or to be constructed in the Extended Project area over or under other roads; and (d) cause fences, posts or other structures to be 25 erected along any road constructed or to be constructed in the Extended Project area or along or across any entrance, approach or means of access to any road constructed or to be constructed in the Extended Project area. 30 72 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 7--Road Management s. 134 (3) The Governor in Council, by Order published in the Government Gazette, may provide for any vesting or divesting of lands necessary because of the exercise of any powers under sub-section (1) Victorian Legislation Parliamentary Documents or (2). 5 134. Authority to comply with Agreement The Authority must not exercise its powers under section 133 in a manner that is inconsistent with the Agreement. 135. Authority to advise road authority before exercising 10 power The Authority must advise the relevant road authority before exercising any power under section 133, unless the exercise of that power is provided for in the Agreement. 15 136. Exercise of powers by road authority A road authority must not exercise its powers in a manner that is inconsistent with the Agreement or with the exercise by the Authority of its powers under section 133. 20 137. Effect of decision about road (1) A decision under section 133 to open, discontinue, construct, relocate or realign a road has no effect until the Authority causes notice of it to be published in-- 25 (a) the Government Gazette; and (b) in a newspaper circulating generally throughout the area affected by the decision. (2) On the publication under sub-section (1) of a decision discontinuing, realigning or relocating a 30 road-- (a) the land over which the discontinued, realigned or relocated road ran ceases to be a road; and 73 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 7--Road Management s. 138 (b) all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication Victorian Legislation Parliamentary Documents or supposed dedication or by user or 5 operation of law or otherwise, cease; and (c) the land is deemed to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and 10 (d) if the decision provides for the land to be reserved for the purposes of the Project, the land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, 15 being, in particular, the purposes of the Project. (3) The reservation under sub-section (2)(d) may be amended, revoked and otherwise dealt with in accordance with the Crown Land (Reserves) Act 20 1978. (4) This section applies despite anything to the contrary in section 10 of the Road Management Act 2004 or any other Act. 138. Temporary closure of roads to traffic 25 For the purposes of facilitating the construction of the Project, the Authority may temporarily close a road to traffic if the Authority considers it necessary to do so so that works on the road or neighbouring land can be carried out. 30 139. Powers of Freeway Corporation in relation to existing roads (1) The Freeway Corporation has all the powers of the Authority under sections 133 and 138 for the purposes of the Project in respect of roads 35 specified in the Agreement. 74 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 7--Road Management s. 140 (2) The Freeway Corporation, with the agreement of the Authority, may exercise any of the powers of the Authority under sections 133 and 138 for the purposes of the Project in respect of any road not Victorian Legislation Parliamentary Documents specified in the Agreement. 5 (3) If the Freeway Corporation exercises a power under this section, it must do so in a manner that-- (a) is not inconsistent with the Agreement; and (b) is consistent with any requirements of the 10 Authority. (4) The Freeway Corporation must advise the Authority and the relevant road authority before exercising any power under this section, unless the exercise of that power is provided for in the 15 Agreement. (5) A road authority must not exercise its powers in a manner that is inconsistent with the exercise by the Freeway Corporation of its powers under this section. 20 140. Restriction on powers to close or discontinue roads Nothing in this Act permits the Authority or the Freeway Corporation to close to traffic or discontinue a road for the purpose of increasing traffic on the Mitcham-Frankston Freeway. 25 141. Compensation for denial of access (1) Subject to sub-section (2), the Authority is liable to pay compensation in accordance with this section if the effect of a decision made under this Division to discontinue, realign or relocate a road 30 is that existing access to any land is denied. 75 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 7--Road Management s. 141 (2) Compensation is not payable under this section for the denial of access if-- (a) there is adequate existing alternative access to the land; or Victorian Legislation Parliamentary Documents (b) the Authority provides, or agrees to provide, 5 adequate alternative access to the land; or (c) the Authority has begun compulsory acquisition procedures under the Land Acquisition and Compensation Act 1986 for the land to which access is denied; or 10 (d) a claim for compensation is not served on the Authority within one year of the making of the decision under this Division. (3) For the purposes of determining whether alternative access to the land is adequate, no 15 regard is to be had as to which stream of traffic has access to the land. (4) Compensation is to be determined on the basis of the diminution in the value of the land to which access is denied as a direct result of the loss of 20 access to that land. (5) Parts 10 and 11 and section 37 of the Land Acquisition and Compensation Act 1986, with any necessary modifications, apply to the determination of compensation under this section 25 as if the claim were a claim under section 37 of that Act. (6) Section 127 of the Road Management Act 2004 does not apply in respect of any matter for which compensation is payable under this Division. 30 76 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 7--Road Management s. 142 142. Freeway Corporation to be responsible for road management for certain roads on licensed land (1) The Minister may from time to time declare that the Freeway Corporation is to be the responsible Victorian Legislation Parliamentary Documents road authority for a road or part of a road on 5 licensed land. (2) The Minister must cause a notice of a declaration under sub-section (1) to be published in the Government Gazette. (3) On the publication of a notice of a declaration 10 under sub-section (1), the Freeway Corporation is deemed to be the responsible road authority under the Road Management Act 2004 for the road or part of a road specified in the declaration. (4) The Road Management Act 2004 (except 15 Division 4 of Part 4 and Schedule 7) applies to a road or part of a road specified in a declaration under sub-section (1) as if any reference in that Act to the Mitcham-Frankston Freeway were a reference to the road or part of a road specified in 20 the declaration. (5) The Minister may at any time revoke a declaration under sub-section (1). (6) The Minister must cause a notice of a revocation of a declaration under sub-section (1) to be 25 published in the Government Gazette. (7) On the publication of the notice of revocation of a declaration under this section, the Freeway Corporation ceases to be the responsible road authority for the road or part of a road specified in 30 the declaration. 77 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 7--Road Management s. 143 Division 3--Road Declaration Powers 143. Declaration of Mitcham-Frankston Freeway (1) The Minister may from time to time declare any Victorian Legislation Parliamentary Documents part of the following land to be a road-- (a) any land leased under section 103; or 5 (b) any land that was licensed land but in respect of which the licence has terminated. (2) A declaration under sub-section (1) must state whether the road or any part of the road is to be treated as-- 10 (a) a freeway; or (b) an arterial road. (3) The Minister must cause a notice of a declaration under sub-section (1) to be published in the Government Gazette. 15 (4) On the publication of a notice of a declaration under sub-section (1), the road specified in the declaration is deemed to be-- (a) declared under section 14 of the Road Management Act 2004 to be a freeway or 20 an arterial road as specified in the notice; and (b) a road open to and for use by the public for passage with vehicles; and (c) a highway within the meaning of the Road Safety Act 1986. 25 (5) Nothing in this section makes VicRoads the responsible road authority for the Mitcham- Frankston Freeway. 78 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 7--Road Management s. 144 144. Declaration of other roads (1) The Minister may from time to time declare to be a road any part of any land that was licensed land but in respect of which the licence has terminated. Victorian Legislation Parliamentary Documents (2) A declaration under sub-section (1) must state 5 whether the road or any part of the road is to be treated as-- (a) an arterial road; or (b) a non-arterial State road; or (c) a municipal road. 10 (3) The Minister must cause a notice of a declaration under sub-section (1) to be published in the Government Gazette. (4) On the publication of a notice of a declaration under sub-section (1), the road specified in the 15 declaration is deemed to be-- (a) declared under section 14 of the Road Management Act 2004 to be an arterial road, a non-arterial State road or a municipal road as specified in the notice; and 20 (b) a road open to and for use by the public for passage with vehicles; and (c) a highway within the meaning of the Road Safety Act 1986. 145. Power to revoke declaration 25 (1) The Minister, by Order published in the Government Gazette may revoke-- (a) a declaration (in whole or in part) under section 143 or 144; or 79 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 7--Road Management s. 146 (b) a declaration (in whole or in part) under the Road Management Act 2004 of any freeway, arterial road, non-arterial State road or municipal road on licensed land or leased Victorian Legislation Parliamentary Documents land. 5 (2) On the publication of an Order under sub- section (1), the road (or the relevant part of the road) ceases to be a freeway, arterial road, non- arterial State road or municipal road. 146. VicRoads may not declare roads on licensed land or 10 leased land (1) Despite anything to the contrary in the Road Management Act 2004, VicRoads must not make a declaration or revoke a declaration under section 14 of that Act in respect of any road on 15 licensed land or leased land. (2) Nothing in this section affects the status of any freeway, arterial road or non-arterial State road existing on land before it became licensed land or leased land. 20 Division 4--Power of Minister to Close Freeway to Traffic 147. Power of Minister to close Mitcham-Frankston Freeway Despite anything to the contrary in this Act or the Agreement or the Road Management Act 2004, 25 the Minister may close the Mitcham-Frankston Freeway to traffic if-- (a) conditions exist outside the leased land that cause the Minister to believe that a serious threat to public safety exists; or 30 (b) there is an emergency on leased land and the Freeway Corporation has failed to close the Mitcham-Frankston Freeway to traffic. __________________ 80 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 148 PART 8--INTERFACE WITH UTILITIES Division 1--Introduction Victorian Legislation Parliamentary Documents 148. Certain powers of Utilities not affected Nothing in this Part affects any power of a Utility-- 5 (a) to respond to and deal with an emergency; or (b) to use a vehicle on any road in the Extended Project area. Division 2--Consent of Authority 149. Division does not apply to leased land or licensed 10 land This Division does not apply to leased land or licensed land. 150. Utility to obtain consent of Authority (1) A Utility must obtain the written consent of the 15 Authority before carrying out works on Utility infrastructure, or for the construction of new Utility infrastructure, in the Extended Project area. (2) The Authority must not unreasonably delay or refuse its consent under this section. 20 (3) The Authority may grant a consent under this section subject to any reasonable conditions that the Authority may determine. (4) This section applies in addition to the requirements of and despite anything to the 25 contrary in any other Act or law. 81 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 151 151. Utility may refer matter to Ministers for determination A Utility may refer the matter to the Minister and the Utility Minister for determination under Victorian Legislation Parliamentary Documents Division 8 if-- 5 (a) the Authority refuses or unreasonably delays giving its consent under section 150; or (b) the Utility objects to any condition imposed by the Authority on that consent. Division 3--Consent of Freeway Corporation 10 152. Utility to obtain consent of Freeway Corporation (1) A Utility must obtain the written consent of the Freeway Corporation before carrying out or causing the carrying out of works on Utility infrastructure, or for the construction of new 15 Utility infrastructure, in, on, over or under licensed land. (2) The Freeway Corporation must not unreasonably delay or refuse its consent under this section. (3) A consent under this section may be granted on 20 such reasonable conditions as the Freeway Corporation thinks fit. (4) This section does not apply to Utility infrastructure if-- (a) an approved Utility agreement provides for 25 access by the Utility to licensed land to carry out works in relation to that Utility infrastructure; or (b) the work is being carried out under a determination made under Division 8. 30 (5) This section applies in addition to the requirements of and despite anything to the contrary in any other Act or law. 82 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 153 153. Utility may refer matter to Ministers for determination A Utility may refer the matter to the Minister and the Utility Minister for determination under Victorian Legislation Parliamentary Documents Division 8 if-- 5 (a) the Freeway Corporation refuses or unreasonably delays giving its consent under section 152; or (b) the Utility objects to any condition imposed by the Freeway Corporation on that consent. 10 Division 4--Agreements between Freeway Corporation and Utility 154. Agreements in relation to licensed land The Freeway Corporation may enter into an agreement with a Utility under this Division in 15 relation to Utility infrastructure or any works affecting Utility infrastructure constructed or to be constructed in, on, over or under licensed land. 155. What can a Utility agreement provide for? (1) A Utility agreement may only provide for the 20 following matters-- (a) the means of minimising disruption to the Utility infrastructure and the services provided by the Utility infrastructure; (b) the respective rights of the Freeway 25 Corporation and the Utility to have access to the Utility infrastructure; (c) the respective rights of the Freeway Corporation and the Utility to carry out works affecting the Utility infrastructure; 30 (d) the relocation and rectification of Utility infrastructure; 83 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 156 (e) the standards (including safety, operational and accreditation standards) that are to apply to the relocation or rectification of Utility infrastructure; Victorian Legislation Parliamentary Documents (f) the costs of any relocation or rectification of 5 the Utility infrastructure and how those costs are to be apportioned between the Freeway Corporation and the Utility; (g) the certification by the Utility of works affecting Utility infrastructure. 10 (2) An agreement that provides for any other matter is not a Utility agreement for the purposes of this Division. 156. Requirements for Utility agreements (1) A Utility agreement must be in writing. 15 (2) A Utility agreement must not be inconsistent with this Act or the Agreement. (3) A Utility agreement that does not comply with sub-section (2) is of no effect to the extent of the inconsistency. 20 (4) If a Utility agreement provides for standards in relation to a matter in accordance with section 155(1)(e), those standards are to apply in relation to that matter despite anything to the contrary in any other Act or law, once the Utility agreement 25 takes effect. 157. Utility agreements must be approved by the Authority A Utility agreement is of no effect unless it is approved by the Authority. 30 84 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 158 158. Utility agreement may be amended (1) An approved Utility agreement may be amended by agreement between the Freeway Corporation and the Utility. Victorian Legislation Parliamentary Documents (2) An amendment of an approved Utility agreement 5 is of no effect unless it is approved by the Authority. (3) In this section, "amended" includes varied, added to, substituted, cancelled or revoked. Division 5--Notified Utility Infrastructure 10 159. Duty to identify Utility infrastructure Before commencing Project construction work on licensed land, the Freeway Corporation must take all reasonable steps to identify all Utility infrastructure in, on, over or under that land that 15 may be affected by the Project construction work. 160. Freeway Corporation to give notice (1) Before commencing Project construction work on licensed land, the Freeway Corporation must give notice of the proposed Project construction work 20 in accordance with this section. (2) The notice must-- (a) be published in the Government Gazette; and (b) be given in writing to each Utility that the Freeway Corporation is aware owns or 25 operates Utility infrastructure in the Extended Project area. 85 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 161 (3) The notice must require Utilities with Utility infrastructure in the Extended Project area to notify the Freeway Corporation in writing within 30 business days after the publication or giving of Victorian Legislation Parliamentary Documents the notice (whichever is the later)-- 5 (a) setting out the nature and location of the Utility infrastructure; and (b) stating whether or not the Utility believes that the Utility infrastructure will be affected by the Project construction work. 10 (4) The Freeway Corporation is not required to give a notice to a Utility under sub-section (2)(b) in relation to particular Utility infrastructure if an approved Utility agreement exists with that Utility in relation to that Utility infrastructure. 15 161. Duty of Utility to give notice A Utility must, within the time required in the notice given under section 160, give notice in writing to the Freeway Corporation-- (a) setting out the nature and location of the 20 Utility infrastructure of the Utility in the Extended Project area; and (b) stating whether or not the Utility believes that the Utility infrastructure will be affected by the Project construction work. 25 162. Copies of notices to be given to Authority (1) The Freeway Corporation must give the Authority a copy of each notice given under section 160 as soon as practicable and not more than 7 days after the notice is given. 30 (2) The Freeway Corporation must give the Authority a copy of each notice received by the Freeway Corporation under section 161 as soon as practicable and not more than 7 days after receiving that notice. 35 86 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 163 163. Freeway Corporation to consult and seek agreement (1) After complying with section 160 and before commencing any Project construction work on licensed land, the Freeway Corporation must Victorian Legislation Parliamentary Documents consult with any Utility that the Freeway 5 Corporation is aware owns or operates Utility infrastructure in the Extended Project area that may be affected by the Project construction work. (2) In consulting under sub-section (1), the Freeway Corporation and the Utility must make all 10 reasonable efforts to reach agreement in accordance with Division 4. (3) This section does not apply to Utility infrastructure if the Freeway Corporation has already reached an agreement with the Utility 15 under Division 4 in respect of that Utility infrastructure. 164. Referral to Ministers for determination if no agreement If an agreement has not been reached with a 20 Utility under Division 4 within 50 business days after the Utility gives notice to the Freeway Corporation under section 161, the Freeway Corporation may refer the matters under negotiation to the Minister and the Utility Minister 25 for determination under Division 8. 165. Power of Minister to direct Utility (1) The Minister, after consultation with the Utility Minister, may direct a Utility to carry out works in the Extended Project area. 30 (2) The Minister may only give a direction under sub- section (1) if it is necessary to implement the matters provided for in an approved Utility agreement or a determination under Division 8. 87 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 166 (3) Without limiting sub-section (1), a direction under this section may specify a period within which works required under the approved Utility agreement or determination must be performed Victorian Legislation Parliamentary Documents even if this is a different period from any period 5 provided for in the approved Utility agreement or determination. 166. Direction to Freeway Corporation (1) The Freeway Corporation may apply to the Minister for a direction under this section if-- 10 (a) a Utility has not completed the works required by a direction under section 165 within the period specified in the direction; or (b) the Freeway Corporation believes on 15 reasonable grounds that the works required by a direction under section 165 will not be completed within the period specified in the direction. (2) On an application under this section, the Minister, 20 after consultation with the Utility Minister, may direct the Freeway Corporation to carry out or complete the works required by the relevant direction under section 165. (3) Without limiting sub-section (2), a direction under 25 this section may specify a period within which the works must be performed even if this is a different period from any period provided for in the approved Utility agreement or determination or the relevant direction under section 165. 30 (4) If the Freeway Corporation complies under a direction under this section with a requirement imposed on a Utility or any other person, the Utility or other person is not required to comply with that requirement. 35 88 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 167 167. Requirements for directions (1) A direction under section 165 or 166 must be in writing. Victorian Legislation Parliamentary Documents (2) A direction must not cause unreasonable delay or add unreasonable cost to the Project. 5 (3) Subject to this section, a direction must not be inconsistent with this Act or the Agreement. 168. Direction to prevail over requirement to consent (1) A direction under section 165 or 166 prevails over any provision of any other Act or law that requires 10 the Utility to consent to the carrying out of the work that is subject to the direction. (2) If a direction provides for compliance with a standard in relation to a matter, that standard applies in relation to that matter despite anything 15 to the contrary in any other Act or law. Division 6--Unnotified Utility Infrastructure 169. Duties of Freeway Corporation If the Freeway Corporation discovers unnotified Utility infrastructure in the course of carrying out 20 Project construction work, the Freeway Corporation must-- (a) take all reasonable steps to identify the Utility that owns or operates that Utility infrastructure; and 25 (b) give notice of the Utility infrastructure to-- (i) the Authority; and (ii) the relevant Utility Minister. 89 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 170 170. Freeway Corporation to give notice (1) If the Freeway Corporation has identified the Utility that owns or operates unnotified Utility infrastructure, the Freeway Corporation must give Victorian Legislation Parliamentary Documents the Utility notice of the Project construction work 5 in accordance with this section. (2) The notice must-- (a) be in writing; and (b) request the Utility to advise the Freeway Corporation within 24 hours as to whether 10 the Utility infrastructure is still operational or, if it is not operational, whether it is redundant; and (c) request the Utility within 24 hours-- (i) to agree to authorise the Freeway 15 Corporation to remove the Utility infrastructure, if it is redundant; or (ii) to agree to the relocation of the Utility infrastructure; or (iii) to request the Freeway Corporation to 20 preserve the Utility infrastructure and agree to pay any costs incurred by the Freeway Corporation as a result of any delay caused by preserving that infrastructure. 25 171. Utility agreement may be entered into The Freeway Corporation and the Utility may enter into an agreement under Division 4 with respect to any matter referred to in section 170(2)(c). 30 90 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 172 172. Notice to Minister if Utility cannot be found or fails to respond The Freeway Corporation may notify the Minister and the Authority if-- Victorian Legislation Parliamentary Documents (a) a Utility fails to comply with a request under 5 section 170 within 24 hours after being given a notice under that section; or (b) the Freeway Corporation is unable to identify the Utility that owns or operates unnotified Utility infrastructure within 10 24 hours after the discovery of the infrastructure. 173. Minister may direct Utility to carry out works (1) The Minister, after consultation with the Utility Minister, may direct a Utility that is given notice 15 under section 170 to carry out works in the Extended Project area. (2) The Minister must give a direction under sub- section (1) if it is necessary to give effect to the Agreement. 20 (3) This section does not apply to the carrying out of works if an approved Utility agreement exists in respect of those works. (4) A direction under this section may specify-- (a) the manner in which and the standard to 25 which the direction must be complied with; and (b) the period (being not less than 28 days) within which the direction must be complied with. 30 91 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 174 (5) If a direction under this section provides for compliance with a standard in relation to a matter that standard is to apply in relation to that matter despite anything to the contrary in any other Act Victorian Legislation Parliamentary Documents or law. 5 174. Direction to Freeway Corporation after notice to Minister (1) The Minister, after consultation with the Utility Minister, may give a direction under this section if-- 10 (a) the Freeway Corporation has given the Minister notice under section 172; and (b) the Minister considers that a delay in relocating or reinstating the Utility infrastructure-- 15 (i) would be contrary to the public interest; or (ii) would, in all the circumstances, be unreasonable. (2) A direction under sub-section (1)-- 20 (a) may direct the Freeway Corporation to relocate, rectify or otherwise deal with the Utility infrastructure; and (b) may direct the Freeway Corporation to comply with specified standards (including 25 safety, operational and accreditation standards) that are to apply to the relocation or rectification of the Utility infrastructure; and 92 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 175 (c) may direct the Freeway Corporation to comply with any safety or technical requirements imposed by law in respect of the carrying out of the required works Victorian Legislation Parliamentary Documents (including any requirements imposed on the 5 Utility or any other person specified in the direction in respect of those works) that are not inconsistent with the Agreement; and (d) must direct the Freeway Corporation to take reasonable care and take all reasonable steps 10 to minimise damage to the Utility infrastructure and disruption to the infrastructure services. (3) If a direction directs the Freeway Corporation, under sub-section (2)(b), to comply with specified 15 standards in relation to a matter, those standards are to apply in relation to that matter despite anything to the contrary in any other Act or law. 175. Direction to Freeway Corporation after application to Minister 20 (1) The Freeway Corporation may apply to the Minister for a direction under this section if-- (a) a Utility has not completed the works required by a direction under section 173 within the period specified in the direction; 25 or (b) the Freeway Corporation believes on reasonable grounds that the works required by a direction under section 173 will not be completed within the period specified in the 30 direction. (2) On an application under this section, the Minister, after consultation with the Utility Minister, may direct the Freeway Corporation to carry out or complete the works required by the relevant 35 direction under section 173. 93 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 176 (3) Without limiting sub-section (2), a direction under this section may specify a period within which the works must be performed even if this is a different period from any period provided for in the Victorian Legislation Parliamentary Documents relevant direction under section 173. 5 (4) If the Freeway Corporation complies under a direction under this section with a requirement imposed on a Utility or any other person, the Utility or other person is not required to comply with that requirement. 10 176. Requirements for directions (1) A direction under section 173, 174 or 175 must be in writing. (2) The Minister must ensure that a direction under section 173, 174 or 175 does not cause 15 unreasonable delay or add unreasonable cost to the Project. (3) Subject to this section, a direction under section 173, 174 or 175 must not be inconsistent with this Act or the Agreement. 20 177. Direction to prevail over requirement to consent A direction under section 174 or 175 prevails over any provision of any other Act that requires the Utility to consent to the carrying out of the work that is subject to the direction. 25 Division 7--Liability for Costs 178. Freeway Corporation to be liable for certain relocation and rectification costs Subject to this Division, the Freeway Corporation is liable to pay the fair and reasonable costs of 30 relocating or rectifying any Utility infrastructure that is affected by the Project construction work. 94 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 179 179. Standard to apply to relocation or rectification (1) For the purposes of section 178, the standard applied to the relocation or rectification must result in the Utility infrastructure having the same Victorian Legislation Parliamentary Documents or a similar technical capability and having at 5 least the same remaining life as it had before it was affected. (2) If new Utility infrastructure is required to meet the standard referred to in sub-section (1), the Freeway Corporation is liable for the cost of that 10 new infrastructure. 180. Liability for costs of disruption of infrastructure services (1) The Freeway Corporation is liable for the costs incurred by a Utility as a direct result of any 15 disruption of the infrastructure services provided by the Utility caused by the carrying out of Project construction work. (2) For the purposes of sub-section (1), the costs may include any of the following-- 20 (a) an amount imposed on the Utility under a contract for failing to provide the infrastructure service; (b) liquidated damages for breach of a contract with a third party; 25 (c) loss of revenue. (3) Except as provided in sub-section (2)(b), the Freeway Corporation is not liable under sub- section (1) for loss or damage arising from breach of contract with a third party. 30 (4) The Freeway Corporation is liable for costs under this section on the basis that the Utility makes all reasonable efforts to mitigate its loss. 95 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 181 (5) If the Utility does not make all reasonable efforts to mitigate its loss, the Freeway Corporation is only liable for the costs that would have been incurred if the Utility had made all reasonable Victorian Legislation Parliamentary Documents efforts to mitigate its loss. 5 181. Utility liable for differential if it requests upgrade If a Utility requests that a higher standard than the standard required by section 179 should apply to the relocation or rectification of Utility infrastructure, the Utility is liable to pay the 10 difference in cost between the lower and higher standard. 182. Utility liable for delay costs (1) If the failure of a Utility to notify the Freeway Corporation of Utility infrastructure caused the 15 Freeway Corporation to incur costs as a result of a delay in carrying out Project construction work, the Utility is liable to pay those costs to the Freeway Corporation. (2) A Utility is liable for costs under this section on 20 the basis that the Freeway Corporation makes all reasonable efforts to mitigate its loss. (3) If the Freeway Corporation does not make all reasonable efforts to mitigate its loss, the Utility is only liable for the costs that would have been 25 incurred if the Freeway Corporation had made all reasonable efforts to mitigate its loss. 183. Limitation of liability Except as provided in this Part, the Freeway Corporation is not liable to pay damages or other 30 compensation to the Utility or any other person as a result of any effect of the Project on-- (a) the Utility infrastructure of the Utility; or (b) the provision of infrastructure services by the Utility using Utility infrastructure. 35 96 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 184 184. Dispute as to cost of relocation or rectification (1) If a dispute arises between the Freeway Corporation and a Utility as to the cost of relocation or rectification of Utility infrastructure, Victorian Legislation Parliamentary Documents the Freeway Corporation or the Utility may refer 5 the matter to the Minister and the Utility Minister for determination under Division 8. (2) The person referring the matter for determination must notify the Authority of that referral. 185. Certification of work 10 (1) On completion by the Freeway Corporation of any work of relocation or rectification of Utility infrastructure under Division 6, the Utility must assess the work and-- (a) if it is satisfied that the work is satisfactory 15 and complete, certify that fact to the Freeway Corporation; or (b) if it is not satisfied that the work is satisfactory or complete, notify the Freeway Corporation that more work is required. 20 (2) The notice under sub-section (1)(b) must specify as clearly as possible the work that is required. (3) If the Utility does not give a certificate or notice under sub-section (1) within 14 days after the Freeway Corporation notifies it of the completion 25 of the work, the Utility is deemed to be satisfied with the work. (4) If the Utility gives a notice under sub-section (1)(b), the Freeway Corporation must complete the further work required in the notice within the 30 period of 30 days after receipt of the notice or any longer period specified in the notice. (5) This section does not apply if the Freeway Corporation is unable to identify the Utility that owns or operates the Utility infrastructure. 35 97 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 186 186. Referral of matters by Utilities to Ministers for determination The Utility may refer the matter to the Minister and the Utility Minister for determination under Victorian Legislation Parliamentary Documents Division 8 if the Freeway Corporation does not 5 complete the further work to the Utility's satisfaction within the specified time under section 185. 187. Referral of matters by Freeway Corporation to Ministers for determination 10 The Freeway Corporation may refer the matter to the Minister and the Utility Minister for determination under Division 8 if the Utility refuses to certify the work on the completion of the further work under section 185 or 15 unreasonably delays giving that certification. 188. Freeway Corporation no longer liable if work satisfactory The Freeway Corporation ceases to be liable to carry out any further work in respect of a specific 20 work of relocation or rectification if-- (a) a certificate is given under section 185 in respect of the work; or (b) the work is deemed under that section to be satisfactory; or 25 (c) the work is determined under Division 8 to be satisfactory. 98 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 189 Division 8--Dispute Resolution 189. Who can determine matters referred to the Ministers? Victorian Legislation Parliamentary Documents On the referral of a matter to them under this Part, the Minister and the Utility Minister must-- 5 (a) determine the matter; or (b) appoint a person to determine the matter. 190. What must be considered in determining a matter? In determining a matter, the decision-maker-- (a) must have regard to-- 10 (i) any submission (whether written or oral) of the Freeway Corporation or the Utility; and (ii) in the case of a matter referred under section 164, the public interest in 15 minimising the disruption of the services provided by the Utility; and (b) may have regard to any other information or material that the decision-maker thinks fit. 191. Requirements for determinations 20 (1) A determination under this Division must be in writing. (2) The decision-maker must ensure that the determination does not cause unreasonable delay or add unreasonable cost to the Project. 25 (3) Subject to this section, a determination must not be inconsistent with this Act or the Agreement. 192. Determination to prevail over inconsistent laws If there is any inconsistency between a determination under this Division and any other 30 Act or law, the determination prevails to the extent of the inconsistency. 99 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 8--Interface with Utilities s. 193 Division 9--No Review of Determination or Direction 193. No appeal or review (1) In this section "decision" means-- Victorian Legislation Parliamentary Documents (a) an approval under section 157; or (b) a direction made or purporting to be made 5 under section 165, 166, 173, 174 or 175; or (c) a determination made or purporting to be made under Division 8. (2) Subject to sub-section (5), a decision is final and binding on the Freeway Corporation and the 10 Utility. (3) Subject to sub-section (5), no appeal may be made to a court in respect of the decision. (4) Subject to sub-section (5), no proceedings-- (a) seeking the grant of any relief or remedy in 15 the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration or injunction; or (b) seeking any order under the Administrative Law Act 1978-- 20 (whether on the ground of absence of jurisdiction or any other ground) may be brought against any decision-maker in respect of a decision or any proceedings relating to that decision or any other act, matter or thing incidental to the making of 25 that decision. (5) Nothing in this section prevents the Freeway Corporation from challenging the validity of a decision if the Freeway Corporation believes that compliance with the decision would place it in 30 breach of the Agreement. __________________ 100 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 9--Tolls s. 194 PART 9--TOLLS Division 1--Right to Toll Victorian Legislation Parliamentary Documents 194. Freeway Corporation may fix, charge and collect tolls and toll administration fees The Freeway Corporation may fix, charge and 5 collect tolls for the use of a vehicle in a toll zone and toll administration fees but may do so only in accordance with this Act and the Agreement. 195. Fixing of tolls and toll administration fees (1) The Freeway Corporation in accordance with this 10 Act and the Agreement by notice published in the Government Gazette-- (a) may specify toll zones on the Mitcham- Frankston Freeway; and (b) may fix tolls that are payable in respect of 15 the use of vehicles in toll zones; and (c) may fix toll administration fees that are payable to the Freeway Corporation and specify the circumstances in which they are payable. 20 (2) A notice under sub-section (1) may specify different tolls in respect of different cases or classes of case including different zones or groups of zones, different classes of vehicle and the use of different vehicles at different times, or any 25 combination of these. (3) A notice under sub-section (1) takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the notice, on that day. 30 101 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 9--Tolls s. 196 (4) A day fixed under sub-section (3) in relation to the Mitcham-Frankston Freeway or part of the Mitcham-Frankston Freeway must be on or after the day fixed under section 196 for the Victorian Legislation Parliamentary Documents commencement of tolling on the Mitcham- 5 Frankston Freeway or that part of the Mitcham- Frankston Freeway. (5) In any proceedings under this Part, the production of a Government Gazette purporting to contain a notice under sub-section (1) is evidence of the 10 valid publication of the notice and of the fixing of the toll or toll administration fee in accordance with this Act and the Agreement. 196. Commencement of tolling (1) The Governor in Council, by Order published in 15 the Government Gazette, may fix a day for the commencement of tolling on the Mitcham- Frankston Freeway or part of the Mitcham- Frankston Freeway. (2) A day fixed under sub-section (1) must be 20 determined in accordance with this Act and the Agreement. Division 2--Charge and Collection of Tolls 197. Liability to pay toll charged (1) Subject to this Part, a person who is the driver of a 25 vehicle used in a toll zone is liable to pay to the Freeway Corporation-- (a) the toll charged by the Freeway Corporation for that use; and (b) the relevant toll administration fee charged 30 by the Freeway Corporation. (2) Subject to section 199, the person who was the owner of a vehicle at the time it was driven in a toll zone is liable for the payment of the toll and 102 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 9--Tolls s. 198 toll administration fee as if that person were the driver of the vehicle at the time the vehicle was driven in the toll zone. (3) Sub-section (2) does not affect the liability of the Victorian Legislation Parliamentary Documents driver of a vehicle to pay a toll or toll 5 administration fee, but if the toll or toll administration fee is paid to the Freeway Corporation, no further action may be taken by the Freeway Corporation to recover that toll or toll administration fee from the driver, owner or any 10 other person. 198. Exemptions from toll and toll administration fee (1) A toll and toll administration fee is not payable under section 197 in respect of a vehicle that is the subject of a freeway use agreement. 15 (2) A toll and toll administration fee is not payable under section 197 in respect of a vehicle that under the regulations is exempt from the payment of tolls. (3) Nothing in this section prevents any charge being 20 made under a freeway use agreement. 199. Owner not liable if sworn statement or statutory declaration supplied (1) The owner of a vehicle is not liable under section 197 to pay a toll or toll administration fee 25 for the use of the vehicle in a toll zone if-- (a) within the period of 14 days after a demand for the payment of the toll or toll administration fee is served on the owner under section 200, the owner supplies to the 30 Freeway Corporation in a sworn statement in writing or a statutory declaration-- (i) the name and address of the person who was the driver of the vehicle at the relevant time; or 35 103 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 9--Tolls s. 200 (ii) a statement that the vehicle was a stolen vehicle at the relevant time; or (iii) a statement that the number plates displayed on the vehicle at the relevant Victorian Legislation Parliamentary Documents time were stolen; or 5 (b) within the period of 14 days after a demand is served on another person under section 200, that other person supplies to the Freeway Corporation in a sworn statement in writing or a statutory declaration the name 10 and address of the person who was the driver of the vehicle at the relevant time. (2) In any proceedings for the recovery of a toll or toll administration fee, a statement or declaration purporting to be made under sub-section (1) is 15 evidence that the person named in the statement or declaration was driving the vehicle at all the relevant times relating to the matter specified in the statement, if the proceedings are-- (a) against the person named in the statement or 20 declaration; and (b) in respect of the matter specified in the statement or declaration. 200. Charge of toll (1) The Freeway Corporation may demand payment 25 of a toll for the use of a vehicle in a toll zone and any relevant toll administration fee payable from the person who the Freeway Corporation has reason to believe is liable under this Division for the payment of the toll and fee. 30 (2) A demand must-- (a) be in writing; and (b) must identify separately each trip for which a toll and toll administration fee is payable; and 35 104 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 9--Tolls s. 201 (c) be served on the person who appears to the Freeway Corporation to be liable under this Division for the payment of the toll and fee. 201. Payment of toll Victorian Legislation Parliamentary Documents If an amount is paid to the Freeway Corporation 5 on a demand made of a person under section 200-- (a) the Freeway Corporation must apply that amount to the trips identified in the demand that are specified by the person making the 10 payment; or (b) if the person does not specify the trips to which the amount is to be applied, the Freeway Corporation must apply that amount first to pay the earliest unpaid demand made 15 of that person under that section and then to pay any later unpaid demands made of that person in the order in which the demands were made. 202. Declared freeway use agreements 20 The Governor in Council may, by Order published in the Government Gazette, declare a class of agreements to be declared freeway use agreements for the purposes of this Part. 203. Prescribed tolling system not surveillance device 25 (1) A tolling system that is prescribed as a prescribed tolling system for the purposes of this Part is not a surveillance device within the meaning of the Surveillance Devices Act 1999 when installed, used or maintained for the purpose of collecting 30 information for the purpose of tolling or road management or traffic management. 105 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 9--Tolls s. 204 (2) If information is collected by means of a prescribed tolling system for a purpose set out in sub-section (1)-- (a) that information may be provided to the Victorian Legislation Parliamentary Documents State, a public authority or a Council in 5 compliance with a requirement under any enactment or the Agreement; and (b) that information or access to that information may be provided to any person who is authorised by law or under the Agreement to 10 have access to or to request the provision of that information; and (c) that information may be used for any other purpose if it does not identify and could not lead to the identification of any person. 15 Division 3--Tolling Offences 204. Offence to drive on Mitcham-Frankston Freeway without payment of toll (1) A person is guilty of an offence if-- (a) the person drives a vehicle on the Mitcham- 20 Frankston Freeway; and (b) a demand is served on the person under section 200 for the payment of any relevant toll and toll administration fee for that use of the vehicle on the Mitcham-Frankston 25 Freeway; and (c) the relevant toll and toll administration fee are not paid before the end of the period of 14 days after the service of that demand on that person. 30 (2) A person who is guilty of an offence under this section is liable to a penalty not exceeding 10 penalty units. 106 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 9--Tolls s. 205 205. Application of offence (1) A person is guilty of only one offence under section 204 in relation to the use of a vehicle on the Mitcham-Frankston Freeway on one day Victorian Legislation Parliamentary Documents regardless of how many trips the person makes in 5 the vehicle on that Freeway during the course of that day. (2) If a person drives a vehicle on the Mitcham- Frankston Freeway and the trip commences before midnight on a particular day and continues into 10 the succeeding day-- (a) a person is guilty of only one offence under section 204 in relation to that trip; and (b) the offence is to be taken to have occurred on the day on which the trip commenced. 15 206. Offence to tamper with prescribed tolling devices A person must not, without just cause, tamper or interfere with a prescribed tolling device or any part of a prescribed tolling device in a manner-- (a) that causes incorrect information to be 20 recorded or transmitted; or (b) that prevents or interferes with the recording or transmission of information-- in respect of the use of a toll zone by a vehicle in which that device is or may be situated. 25 Penalty: 10 penalty units. 107 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 9--Tolls s. 207 Division 4--Tolling Enforcement 207. Freeway Corporation may notify enforcement agency of non-payment of toll Victorian Legislation Parliamentary Documents (1) This section applies if the Freeway Corporation or an authorised person believes on reasonable 5 grounds that a person has committed an offence under section 204. (2) The Freeway Corporation or authorised person may notify the enforcement agency of that belief and request the enforcement agency-- 10 (a) to serve an infringement notice in accordance with this Division on the owner of the vehicle involved in the offence; or (b) if a sworn statement or statutory declaration has been supplied to the Freeway 15 Corporation under section 199 in respect of that use of the vehicle on the Mitcham- Frankston Freeway, to serve an infringement notice in accordance with this Division on the person named in the statement as the 20 driver of the vehicle at the relevant time; or (c) to commence proceedings in respect of that offence in accordance with this Act. (3) If a request is made under this section in relation to a person, any right of the Freeway Corporation 25 to bring proceedings to recover the toll and toll administration fee from that person as a debt ceases. (4) Nothing in sub-section (3) affects the existence of a debt. 30 (5) Nothing in sub-section (2) requires the Freeway Corporation or an authorised person to notify the enforcement agency of an offence under section 204. 108 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 9--Tolls s. 208 (6) In this section "authorised person" means a person authorised by the Freeway Corporation for the purposes of this section. 208. Enforcement officers Victorian Legislation Parliamentary Documents (1) An enforcement agency may appoint any person 5 to be an enforcement officer for the purposes of this Part. (2) The appointment must be in writing and must specify the terms and conditions on which the person is appointed. 10 (3) A person must not be appointed as an enforcement officer under this section unless the person has completed appropriate training or qualifications as determined by the enforcement agency. 209. Identification of enforcement officers 15 (1) An enforcement agency must issue an identity card to each person it appoints as an enforcement officer. (2) The identity card issued to a person must-- (a) contain a photograph of the person; and 20 (b) state the full name of the person; and (c) state that the person is an enforcement officer for the purposes of this Part. (3) An enforcement officer must produce his or her identity card for inspection at any time during the 25 exercise of a power under this Part, if asked to do so. Penalty: 10 penalty units. (4) In any proceedings under this Act, an identity card purporting to be issued to a person by an 30 enforcement agency under this section is evidence of the appointment of that person as an enforcement officer. 109 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 9--Tolls s. 210 210. Power to serve a notice (1) An enforcement officer may serve or cause to be served an infringement notice on any person whom he or she has reason to believe has Victorian Legislation Parliamentary Documents committed an offence under section 204. 5 (2) An enforcement officer may cause to be served together with an infringement notice a notice containing information about the requirements arising under this Act in relation to the use of a vehicle on the Mitcham-Frankston Freeway. 10 (3) An enforcement officer may rely on a certificate under section 222 in forming a belief under sub- section (1). 211. Form of notice An infringement notice must be in the prescribed 15 form and must state-- (a) the infringement penalty for the alleged offence; (b) the manner in which the infringement penalty may be paid; 20 (c) the period (not being less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid; (d) that if the amount of infringement penalty is paid at the place referred to in the notice 25 before the end of the period specified in the notice, the matter will not be brought before the Magistrates' Court unless the notice is withdrawn within 28 days after the date on which it was served; 30 (e) that the person is entitled to disregard the notice and defend proceedings in respect of the alleged offence in the Magistrates' Court; (f) any other prescribed particulars. 110 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 9--Tolls s. 212 212. Infringement penalty (1) The infringement penalty for the offence for which an infringement notice is issued is the prescribed amount or, if no amount is prescribed, Victorian Legislation Parliamentary Documents $100. 5 (2) The prescribed amount must not exceed $200. 213. Late payment of penalty An enforcement officer may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement 10 notice if-- (a) neither a charge has been filed nor a courtesy letter served under Part 2 of Schedule 7 to the Magistrates' Court Act 1989 in respect of the offence to which the infringement 15 penalty relates; and (b) the infringement notice has not been withdrawn. 214. Withdrawal of notice (1) An enforcement officer may withdraw an 20 infringement notice at any time within 28 days after the date on which the notice was served by serving a withdrawal notice on the person served with the infringement notice. (2) An infringement notice may be withdrawn even if 25 the infringement penalty has been paid. (3) If an infringement notice is withdrawn, the amount of any infringement penalty paid must be refunded and the Consolidated Fund is, to the necessary extent, appropriated accordingly. 30 111 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004

Mitcham-Frankston Project Act 2004 Act No. Part 9--Tolls s. 215 215. Payment expiates offence If an infringement notice is not withdrawn and the infringement penalty is paid within the time for payment stated in the notice or payment is Victorian Legislation Parliamentary Documents accepted in accordance with section 213, then-- 5 (a) the person on whom the notice was served has expiated the offence by that payment; and (b) no proceedings may be taken against that person in respect of that offence; and 10 (c) no conviction is to be taken to have been recorded against that person for that offence; and (d) the debt to the Freeway Corporation for the toll and toll administration fee to which the 15 offence relates is extinguished. 216. Application of penalty (1) An infringement penalty paid under this Division must be applied in the same way as a fine paid under an order of a court made on an offender 20 being convicted or found guilty of the offence to which the infringement penalty relates. (2) The payment of an infringement penalty under this Division is not and must not be taken to be-- (a) an admission of guilt in relation to the 25 offence; or (b) an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence and the payment does not in any way affect or prejudice any such 30 claim or proceeding. (3) If proceedings have been taken or continued for an alleged offence because the person has not paid the penalty specified in the infringement notice 112 551102B.I1-13/5/2004 BILL LA CIRCULATION 13/5/2004