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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Major Transport Projects Facilitation Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 1
3 Definitions 2
4 Meaning of application fee 12
5 Meaning of project proposal 12
6 Project Minister may appoint entity to be the project authority
for an approved project 14
7 Designation of project contractor 14
8 Application of Crown Land (Reserves) Act 1978 14
9 Act to bind the Crown 14
PART 2--MAJOR TRANSPORT PROJECT DECLARATIONS 15
10 Declaration of a transport project 15
11 Premier must consult with the Planning Minister before making
recommendation 15
12 Assessment of transport project before recommendation 15
13 Project declaration guidelines 16
14 Premier must appoint Minister to be the Project Minister for a
declared project 16
15 Project Minister must appoint project proponent 16
PART 3--ASSESSMENT AND APPROVAL OF MAJOR
TRANSPORT PROJECTS 17
Division 1--Guidelines for this Part 17
16 Project proposal guidelines 17
17 Impact assessment guidelines 17
18 Publication fee guidelines 18
Division 2--Project proposals 19
19 Preparation of project proposal 19
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Division 3--Determination of appropriate impact assessment
process 19
20 Planning Minister must make determination as to appropriate
impact assessment 19
21 Effect of determination 21
Division 4--Impact management plans 21
Subdivision 1--Scoping directions 21
22 Specification of matters to be considered and addressed in
impact management plan 21
23 Planning Minister may request further information in
exceptional circumstances 22
24 Determining 25 business day period for the preparation of
scoping directions 22
Subdivision 2--Preparation of impact management plan 23
25 Project proponent must consult with specified persons as
directed by Planning Minister 23
26 Project proponent must comply with this Division 23
27 Content of impact management plans 23
28 Impact assessment guidelines must be had regard to when
preparing impact management plan 25
29 Completed impact management plan to be given to Planning
Minister 25
Division 5--Comprehensive impact statements 25
Subdivision 1--Scoping directions 25
30 Specification of matters to be considered and addressed in
comprehensive impact statements 25
31 Planning Minister may request further information or public
comment and submissions in exceptional circumstances 26
32 Determining the 25 business day period for scoping directions
after notice for further information 27
33 Extension of period of time for preparation of scoping
directions because of public consultation 27
34 Amendment of scoping directions 28
Subdivision 2--Assessment committees 28
35 Establishment of assessment committee 28
36 Content of terms of reference for assessment committee 29
37 Publication of assessment committee terms of reference 29
561246B.I-12/8/2009 ii BILL LA INTRODUCTION 12/8/2009
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Subdivision 3--Preparation of comprehensive impact statements 30
38 Project proponent must comply with this Division 30
39 Content of comprehensive impact statements 30
40 Impact assessment guidelines must be had regard to when
preparing comprehensive impact statement 31
41 Submission of comprehensive impact statement to Planning
Minister 32
42 Consideration of comprehensive impact statement by Planning
Minister 32
43 Revisions to draft comprehensive impact statements 33
Subdivision 4--Public exhibition of comprehensive impact
statements 34
44 Application 34
45 Time period for public exhibition 34
46 Public exhibition of comprehensive impact statement 35
47 Notification of public exhibition of comprehensive impact
statement 35
48 Content of public notice of comprehensive impact statement 36
49 Public availability of comprehensive impact statement 37
50 Notification of applicable law decision makers of public
exhibition of comprehensive impact statement 39
51 Comprehensive impact statements to be given to agencies and
applicable law decision makers 39
52 Public submissions on comprehensive impact statements 39
53 Assessment committee must disclose properly made
submissions unless they are confidential 40
54 Review of submissions by assessment committee 41
55 Public submissions on comprehensive impact statements to be
given to project proponent 42
56 Consultation with persons who have made submissions to
clarify matters in submissions 42
57 Preliminary hearings 43
58 Notification of preliminary hearings 44
59 Comprehensive impact statement issues report 45
60 Project proponent must prepare a schedule of possible revisions
that address issues in report 46
Subdivision 5--Refinement of comprehensive impact statements
and options for declared project 46
61 Project proponent must revise comprehensive impact
statement 46
62 Publication and submission of revised comprehensive impact
statement 46
63 Assessment committee to be notified of publication 48
561246B.I-12/8/2009 iii BILL LA INTRODUCTION 12/8/2009
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Subdivision 6--Other requirements before formal public hearings 49
64 Revised comprehensive impact statement and works approvals 49
65 Advice of applicable law decision makers in relation to
application of applicable law criteria 49
Subdivision 7--Formal public hearings 50
66 Notification of formal public hearing to be conducted 50
67 Direction to project proponent to publish formal public hearing
time and place on Internet 50
68 Conduct of formal public hearing by assessment committee 51
Subdivision 8--Supplementary comprehensive impact statement
assessments 51
69 Consideration of further assessments arising out of a formal
public hearing or submissions 51
70 Assessment committee may request further information from
project proponent 52
71 Planning Minister may direct project proponent to undertake a
supplementary assessment 53
72 Supplementary assessments of further options 53
Subdivision 9--Assessment committee recommendations in relation
to comprehensive impact statements 54
73 Assessment committee recommendations 54
74 Specific applicable approval--Environment protection works
approvals 56
Division 6--Interaction with the Aboriginal Heritage Act 2006 57
75 Giving and notification of cultural heritage management plans 57
Division 7--Approval decisions 58
Subdivision 1--Application 58
76 Application of Division 58
Subdivision 2--General provisions relating to approval decisions 58
77 Approval decisions 58
78 Approval decisions for planning scheme amendments 59
79 Consultation required in impact management plan cases 60
80 Contents of approval decisions 60
81 Time within which approval decision must be made 61
82 Giving and publication of approval decision 61
83 Publication of assessment committee recommendation 62
84 Effect of approval decision granting the applicable approvals
for a declared project 62
561246B.I-12/8/2009 iv BILL LA INTRODUCTION 12/8/2009
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Subdivision 3--Planning scheme amendments 64
85 Modification of application of the Planning and Environment
Act 1987 64
86 Amendments to provisions of planning schemes must not
require planning permit for works 64
Subdivision 4--Other applicable law exclusions and modifications 64
87 Modification of the application of the Flora and Fauna
Guarantee Act 1988 64
88 Modification of the application of the Heritage Act 1995 65
Division 8--Approval decision variations 65
89 Applications for variations 65
90 Planning Minister to make determination on application 66
91 Application of Part to variation sought by project authority 66
92 Development of approved project may continue in some cases
while a variation sought 68
Division 9--Other matters 68
93 Correction of mistakes 68
94 Reports to the Premier in relation to compliance with time
limits under this Part 68
PART 4--THE PROJECT AREA 69
95 Designation of project area 69
96 Variations to project area 70
97 Consolidated plans for project area 71
98 Planning scheme amendment powers of Planning Minister in
relation to variations to project area 71
PART 5--A PROJECT AUTHORITY'S FUNCTIONS AND
POWERS 73
Division 1--Interpretation 73
99 Definitions 73
100 Specification of project powers 74
Division 2--Functions and powers of a project authority 75
101 A project authority's functions 75
102 A project authority's powers 76
103 Delegation--to staff and members 77
104 Delegation--when the Director of Public Transport is the
project authority 77
105 Delegation--to the project contractor 78
106 Sub-delegations by project contractor 78
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107 Application of Interpretation of Legislation Act 1984 to sub-
delegations by project contractor 78
108 Project contractor to notify project authority before performing
a road function 79
109 Project authority subject to Project Minister direction or control 79
Division 3--End of declared project 79
110 Notification of completion of approved project 79
111 Effect of notification of completion of an approved project 79
PART 6--PROJECT DELIVERY 80
Division 1--Acquisition of land in the project area 80
112 Powers of acquisition 80
113 Application of Land Acquisition and Compensation Act 1986 80
114 Acquired land to be Crown land 80
115 Certain acquired land taken to be reserved 81
116 Acquisition of easement--easement in gross 81
117 Acquisition by project authority--effect on utilities 81
118 Modification of Land Acquisition and Compensation
Act 1986--general 82
119 Modification of Land Acquisition and Compensation
Act 1986--temporary occupation 83
120 Compensation for entry or temporary occupation 84
121 Project authority to prepare condition report for occupied land 85
122 Modification of Land Acquisition and Compensation
Act 1986--regulations 86
123 Transfer of building or structure as compensation 86
124 Adjoining land may be provided as compensation 86
Division 2--Acquisition of native title rights and interests 87
125 Application of Division 87
126 Project Minister may order compulsory acquisition 87
127 Compulsory acquisition of native title rights and interests 88
128 Acquired right or interest to vest in Crown 88
129 Procedure for acquisition 88
130 Referral of objections to VCAT 90
131 Determination of VCAT on objection 90
132 Disputed claims for compensation--native title land 91
Division 3--Acquisition of land outside the project area 91
133 Power of project authority to purchase land 91
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Division 4--Provision of public land and Council land 92
Subdivision 1--Surrender or divesting of public land and Council
land 92
134 Surrender or divesting of land of public authorities and
Councils 92
135 Surrender of interests in unreserved Crown land 93
136 Effect of surrender or divesting 93
137 Temporary reservation may be amended or revoked 95
Subdivision 2--Removal of reservations on land 95
138 Land Acts not to apply 95
139 Revocation of reservations--entire reservation 95
140 Revocation of reservations--part of reservation 96
141 Effect of revocation of reservation 96
142 Temporary reservation may be amended or revoked 98
Subdivision 3--Notification of reservations 98
143 Minister to be notified of reservation 98
Subdivision 4--Declaration of roads 98
144 Orders may continue or declare roads 98
Subdivision 5--Compensation for surrendered or divested or
reserved land 99
145 Compensation--surrender, divesting or revocation of
reservation 99
146 Compensation for Councils in certain circumstances 100
147 Transfer of building or structure as compensation 101
148 Adjoining land may be provided as compensation 101
Subdivision 6--Other matters 102
149 No other compensation payable 102
150 Effect of reservation of a stratum of Crown land 102
Division 5--Entry into possession of certain project land 102
151 Power to enter into possession 102
152 Project authority must try to obtain agreement 102
153 Time for entry into possession--general 103
154 Time for entry into possession--residence or business 103
155 Early entry of place of residence or business 105
156 Occupation may be extended by agreement 106
157 Continued occupation without agreement 106
158 Recovery of rent 106
159 Proceedings where refusal to give up possession 107
160 Residential Tenancies Act 1997 not to apply 108
161 Giving of notices and documents 108
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Division 6--Acquisition of stratum of land below ground level 109
162 Acquisition of stratum of land below ground level 109
163 Compensation--underground land held in fee simple by
private persons 110
164 Compensation--underground land surrendered by or divested
from public authority or Council 110
165 Compensation for denial of access 111
Division 7--Management of land for project 111
Subdivision 1--General powers of project authority 111
166 Project authority appointed committee of management 111
167 Project authority may carry out or authorise works on
public land 112
168 Application of Crown Land (Reserves) Act 1978 113
169 Project authority liable to pay compensation 113
170 Temporary access to Crown land 113
171 Powers in relation to easements 114
Subdivision 2--Licences 114
172 Application 114
173 Project authority may issue licence for purposes of approved
project 114
174 Term of licence 114
175 Conditions of licence 114
Subdivision 3--Leases 115
176 Application 115
177 Leasing powers 115
178 Term of lease over project land that is Crown land 115
179 Conditions of lease 115
Subdivision 4--Other land powers 116
180 Surplus land 116
181 Disposition of surplus land--Crown 116
182 Removal of reservation of Crown land that is surplus land for
sale 116
183 Reservation of surplus land--Crown 117
184 Project authority may enter into agreements for surplus land 118
185 Disposition of surplus land--fee simple land 118
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Division 8--Road management 119
Subdivision 1--Powers in relation to roads 119
186 Powers relating to roads 119
187 Project authority to advise coordinating road authority before
exercising power 120
188 Exercise of powers by coordinating road authority 120
189 Effect of decision about road 120
190 Temporary closure of roads to traffic 121
191 Compensation for denial of access 121
192 Compensation for affected utilities 122
Subdivision 2--Road declaration powers 123
193 Declaration of roads 123
194 Power to revoke declaration 123
195 Road authority may not declare roads in project area if not the
project authority 124
Division 9--Restricted access areas 124
196 Restricted access areas 124
197 Appointment of authorised officers 125
198 Identification of authorised officers 126
199 Project authority may authorise persons to be in restricted
access areas 126
200 Project authority may warn people to leave restricted
access area 127
201 Warning people to leave restricted access area 128
202 Direction not to enter restricted access area 128
203 Offence to enter any part of restricted access area 128
204 Offence not to produce certificate on demand 129
205 Offence to hinder or obstruct authorised officer 130
206 Evidence as to area being marked off 130
Division 10--Other matters 131
207 Cultural and Recreational Lands Act 1963 131
PART 7--INTERFACE WITH UTILITIES 132
Division 1--Interpretation 132
208 Definitions 132
209 Meaning of unnotified utility infrastructure 133
210 Meaning of utility agreement 134
Division 2--Utility infrastructure notification and identification 135
211 Notification of proposed works for the development of the
approved project 135
212 Utility must comply with notice 136
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Division 3--Negotiation of utility agreements 136
213 Negotiation trigger notice 136
214 Reasonable endeavours must be used to negotiate utility
agreement during negotiation period 136
215 Ministers to be notified if no agreement is reached 137
Division 4--Dispute resolution if there is no agreement 137
216 Project authority or utility can commence dispute resolution
procedure after end of negotiation period 137
217 Parties must use reasonable endeavours to agree to expert for
the purposes of dispute 137
218 Notification of Project Minister 137
219 Project Minister must appoint expert agreed to by parties 138
220 Project Minister must choose expert where there is no
agreement by the parties as to the expert 138
221 Fees of, and costs incurred by, expert 139
222 Immunity for expert 139
223 Expert to commence dispute resolution within 5 business days
after appointment 139
224 Determination of procedure by expert 140
225 Parties may make submissions 140
226 Determination of expert resolving dispute 140
227 Termination of approved utility agreement 141
228 Expert may engage legal and other assistance 141
229 Parties are liable to Project Minister for expert's costs paid
by the Minister 141
230 Appeal to Supreme Court from a determination of expert 142
231 Model utility agreement guidelines 143
Division 5--Unnotified utility infrastructure 144
232 Notification in relation to unnotified utility infrastructure 144
233 Removal, relocation or protection of unnotified utility
infrastructure 145
234 Damage to unnotified utility infrastructure 148
PART 8--ASSESSMENT COMMITTEES 150
Division 1--Establishment of assessment committees 150
235 Establishment of assessment committees 150
236 Function of assessment committees 150
237 Membership of committees 151
238 Terms of appointment 151
239 Resignation 152
240 Procedure at committee meetings 152
241 Consultation 152
242 Disclosure of interests 153
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Division 2--Hearings 154
243 Directions about hearings 154
244 Hearings to be in public 155
245 General procedure for hearings 155
246 Who may appear before an assessment committee? 156
247 Effect of failure to attend hearing 156
248 Committee may hear two or more submissions together 157
249 Adjournment of hearings 157
250 Technical defects 157
251 Committee may take into account any relevant matter 157
252 Offences 158
253 Project proponent to pay assessment committee's costs 158
PART 9--GENERAL 159
254 Secretary may delegate powers to employees 159
255 Enforcement of Building Act 1993 159
256 Taxes and duties 160
257 Rates and charges 160
258 Limitation on powers of Councils to make local laws 160
259 Action by Registrar of Titles 162
260 Exclusion of proportionate liability under Wrongs Act 1958 162
261 Time limit for proceedings for reviews of approval decisions 163
262 Reviews of approval decisions 163
263 No appeal or review of decisions under Parts 1, 2, 3 or 4
(except approval decisions) 164
264 Schedule 2--related and consequential amendments to
other Acts 165
265 Supreme Court--limitation of jurisdiction 165
266 Regulations 165
__________________
SCHEDULES 167
SCHEDULE 1--Applicable Laws and Applicable Approvals 167
SCHEDULE 2--Related and Consequential Amendments to
Other Acts 169
ENDNOTES 170
561246B.I-12/8/2009 xi BILL LA INTRODUCTION 12/8/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Major Transport Projects Facilitation
Bill 2009
A Bill for an Act to facilitate the development of major transport
projects and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to facilitate the
development of major transport projects.
5 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2010, it comes into
10 operation on that day.
561246B.I-12/8/2009 1 BILL LA INTRODUCTION 12/8/2009
Major Transport Projects Facilitation Bill 2009
Part 1--Preliminary
s. 3
3 Definitions
In this Act--
applicable approval means an approval,
authorisation, consent, determination,
5 decision (however described), licence or
permit under an applicable law that is
specified in column 2 of the Table in
Schedule 1;
applicable law means an Act specified in
10 column 1 of the Table in Schedule 1;
applicable law decision means a decision
(however described) under an applicable law
granting an applicable approval;
applicable law decision maker means a person or
15 body who, under an applicable law, grants an
applicable approval under that law;
application fee has the meaning given by
section 4;
approval decision means a decision of the
20 Planning Minister under section 77;
approved project means a declared project in
respect of which a project area has been
designated under Part 4;
arterial road has the same meaning as in the
25 Road Management Act 2004;
assessment committee means an assessment
committee established under Part 8;
assessment committee recommendation means a
recommendation under section 73;
561246B.I-12/8/2009 2 BILL LA INTRODUCTION 12/8/2009
Major Transport Projects Facilitation Bill 2009
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
holiday or public half-holiday
5 throughout the whole of Victoria under
the Public Holidays Act 1993;
Central Plan Office means the Central Plan
Office of the Department of Sustainability
and Environment;
10 comprehensive impact statement means a
statement prepared under Division 5 of
Part 3 and includes such a statement revised
under that Division;
comprehensive impact statement assessment
15 process means the process and requirements
set out in Division 5 of Part 3;
comprehensive impact statement determination,
in relation to a declared project, means a
determination under section 20(1) requiring
20 the preparation of a comprehensive impact
statement for that project;
comprehensive impact statement issues report
means a report under section 59;
construct includes reconstruct or make structural
25 changes;
Council has the same meaning as in the Local
Government Act 1989;
Crown land includes a stratum of Crown land;
cultural heritage management plan has the same
30 meaning as in the Aboriginal Heritage Act
2006;
declared project means a transport project
declared under section 10 to be a declared
project;
561246B.I-12/8/2009 3 BILL LA INTRODUCTION 12/8/2009
Major Transport Projects Facilitation Bill 2009
Part 1--Preliminary
s. 3
Department means the Department of Planning
and Community Development;
development, in relation to a declared project,
includes--
5 (a) the construction of a facility or
infrastructure; and
(b) the construction or exterior alteration or
exterior decoration of a building; and
(c) the demolition or removal of a building
10 or works; and
(d) the construction or carrying out of
works; and
(e) the subdivision or consolidation of
land, including buildings or airspace;
15 and
(f) the placing or relocation of a building
or works on land; and
(g) the construction or putting up for
display of signs or hoardings;
20 Director of Public Transport means the Director
within the meaning of the Transport Act
1983;
discretionary applicable law criteria means
matters, things, criteria, factors,
25 circumstances, principles or objects specified
in an applicable law that may be applied,
taken into account, or had regard to, in the
applicable law by an applicable law decision
maker when making a decision whether to
30 grant an applicable approval under that law;
enactment means an Act or a regulation under an
Act;
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Major Transport Projects Facilitation Bill 2009
Part 1--Preliminary
s. 3
Environment Protection Authority or EPA means
the Authority within the meaning of the
Environment Protection Act 1970;
formal public hearing means a hearing conducted
5 by an assessment committee under
Subdivision 7 of Division 5 of Part 3;
freeway has the same meaning as in the Road
Management Act 2004;
further option means a further option in relation
10 to a declared project referred to in
section 69;
grant, in relation to an applicable approval,
includes, as the case requires, give, make,
issue or provide;
15 heavy vehicle has the same meaning as in the
Road Safety Act 1986;
impact means a reasonably foreseeable, direct or
indirect impact arising from--
(a) the development of an approved
20 project; or
(b) the use of transport or non-transport
infrastructure established by the
approved project; or
(c) the decommissioning of the transport or
25 non-transport infrastructure established
by the approved project;
impact assessment guidelines means guidelines
prepared under section 17;
impact management plan means a plan prepared
30 under Division 4 of Part 3;
impact management plan assessment process
means the process and requirements set out
in Division 4 of Part 3;
561246B.I-12/8/2009 5 BILL LA INTRODUCTION 12/8/2009
Major Transport Projects Facilitation Bill 2009
Part 1--Preliminary
s. 3
impact management plan determination, in
relation to a declared project, means a
determination under section 20(1) requiring
the preparation of an impact management
5 plan for that project;
infrastructure manager has the same meaning as
in the Road Management Act 2004;
land includes a stratum of land;
lease, in Division 7 of Part 6, means a lease
10 granted under section 177;
leased land means land that is the subject of a
lease granted under section 177;
lessee means a person who is, for the time being,
the lessee under a lease granted under
15 section 177;
licence in Division 7 of Part 6, means a licence
issued under section 173;
licensed land means land that is subject to a
licence issued under section 173;
20 licensee means a person who is, for the time
being, the holder of a licence issued under
section 173;
mandatory applicable law criteria means matters,
things, criteria, factors, circumstances,
25 principles or objects specified in an
applicable law that must be applied or
complied with by an applicable law decision
maker when making a decision whether to
grant an applicable approval under that law;
30 municipal road has the same meaning as in the
Road Management Act 2004;
Native Title Act means the Native Title Act 1993
of the Commonwealth;
561246B.I-12/8/2009 6 BILL LA INTRODUCTION 12/8/2009
Major Transport Projects Facilitation Bill 2009
Part 1--Preliminary
s. 3
navigation aid has the same meaning as in the
Marine Act 1988;
non-arterial State road has the same meaning as
in the Road Management Act 2004;
5 non-transport infrastructure means a facility,
building, fixture, fitting or permanent
structure (whether residential, commercial or
industrial) that, when constructed, is in, on,
over, part of, related or connected to
10 transport infrastructure;
notice of acquisition means a notice of acquisition
within the meaning of the Land Acquisition
and Compensation Act 1986;
Planning Minister means the Minister
15 administering the Planning and
Environment Act 1987;
port--
(a) means a facility at which goods can be
loaded and unloaded, or persons can
20 board and disembark, from a vessel;
and
(b) includes channels, navigation aids and
other infrastructure and equipment that
is necessary to enable the safe
25 movement of vessels to and from a
facility referred to in paragraph (a);
preliminary hearing means a preliminary hearing
conducted under section 57;
project area, for a declared project or an approved
30 project, means the area of land designated by
Order under section 95, as varied by Order
under section 96 or consolidated by Order
under section 97;
561246B.I-12/8/2009 7 BILL LA INTRODUCTION 12/8/2009
Major Transport Projects Facilitation Bill 2009
Part 1--Preliminary
s. 3
project authority, for a declared project or an
approved project, means--
(a) the project proponent; or
(b) if the Project Minister appoints an
5 entity under section 6, that entity;
project contractor means a person designated
under section 7;
project declaration means a declaration made
under section 10;
10 project declaration guidelines means guidelines
prepared under section 13;
project function, for a project authority, means
a function or power specified under
section 101 or 102;
15 project land, for an approved project, means--
(a) land that is acquired under Part 6,
including land that is surrendered or
divested under Division 4 or 6 of that
Part; or
20 (b) land acquired by a project authority for
the project for the purposes of the
approved project before that project
became an approved project;
Project Minister means a Minister appointed
25 under section 14;
project proponent, for a declared project, means
the entity appointed under section 15;
project proposal, for a declared project, has the
meaning given by section 5;
30 project proposal guidelines means guidelines
prepared under section 16;
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Part 1--Preliminary
s. 3
properly made submission means a submission or
an amendment to a submission that complies
with section 52(3);
public authority means a person or body
5 (including a trust) established by or under an
Act for a public purpose other than a
Council;
public exhibition period, for a comprehensive
impact statement, means the period
10 determined by the Planning Minister under
section 45 for that statement;
public land means--
(a) Crown land; or
(b) land owned by or vested in a public
15 authority;
public sector body has the same meaning as in the
Public Administration Act 2004;
publication fee guidelines means the guidelines
prepared under section 18;
20 rail infrastructure has the same meaning as in the
Rail Safety At 2006;
registered Aboriginal party has the same meaning
as in the Aboriginal Heritage Act 2006;
reservation date, in relation to land, means the
25 date on which the land became project land;
restricted access area means an area established
under section 196;
review determination means a determination
under section 42;
30 revised comprehensive impact statement means a
comprehensive impact statement revised in
accordance with section 61;
561246B.I-12/8/2009 9 BILL LA INTRODUCTION 12/8/2009
Major Transport Projects Facilitation Bill 2009
Part 1--Preliminary
s. 3
road has the same meaning as in the Road
Management Act 2004;
road authority has the same meaning as in the
Road Management Act 2004;
5 road function means a project function conferred
on a project authority relating to
Subdivision 1 of Division 8 of Part 6;
road infrastructure has the same meaning as in
the Road Management Act 2004;
10 rolling stock has the same meaning as in the Rail
Safety Act 2006;
scoping directions means directions prepared by
the Planning Minister under section 22 or 30;
Secretary means Secretary to the Department;
15 State environment protection policy has the same
meaning as in the Environment Protection
Act 1970;
stratum of Crown land means a stratum of land
that is Crown land;
20 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;
25 supplementary assessment has the meaning given
by section 69(1)(b);
surplus land means land determined under
section 180 to be surplus land;
transport infrastructure means any of the
30 following--
(a) road infrastructure;
(b) rail infrastructure;
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Part 1--Preliminary
s. 3
(c) infrastructure that can be used for the
movement of persons or goods;
(d) a port;
(e) a facility at which--
5 (i) goods can be loaded or unloaded
from rolling stock; and
(ii) goods can be loaded or unloaded
from heavy vehicles; and
(iii) goods referred to in
10 subparagraphs (i) and (ii) can be
temporarily stored;
transport project means a project for the
development of--
(a) transport infrastructure; or
15 (b) transport infrastructure together with
non-transport infrastructure;
utility means an entity (whether publicly or
privately owned) that provides, or intends to
provide, water, sewerage, drainage, gas,
20 electricity or other like services under the
authority of an Act of Victoria;
utility infrastructure means any part of the
supply, distribution or reticulation network
owned, operated or controlled by a utility,
25 including poles, pipes, cables, wires,
conduits and tunnels;
vehicle has the same meaning as in the Road
Safety Act 1986;
vessel has the same meaning as in the Marine Act
30 1988;
VicRoads means the Roads Corporation
established under Part II of the Transport
Act 1983;
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s. 4
waste management policy has the same meaning
as in the Environment Protection Act
1970;
works includes any change to the natural or
5 existing condition or topography of land
including the removal, destruction or lopping
of trees and the removal of vegetation or
topsoil;
works approval has the same meaning as in the
10 Environment Protection Act 1970.
4 Meaning of application fee
For the purpose of this Act, an application fee
is--
(a) if the regulations prescribe an application
15 fee, that fee;
(b) if the regulations do not prescribe an
application fee, the sum of every fee that
would otherwise be payable in or as part of
an application for an applicable approval, or
20 on the granting of an applicable approval
(as the case requires) by or under an
applicable law that is referred to in an impact
management plan or comprehensive impact
statement (other than the fee payable for an
25 application for the issue of a works
approval).
5 Meaning of project proposal
For the purposes of this Act, a project proposal is
a document that contains all of the following--
30 (a) a description of the declared project;
(b) designs prepared for the declared project;
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Part 1--Preliminary
s. 5
(c) a description of the proposed project area,
including--
(i) the location of the proposed project
area;
5 (ii) the land that is likely to be required for
the declared project;
(iii) if relevant, the route the declared
project is proposed to take;
(d) a description of the existing environment that
10 may be impacted by the development and
operation of the declared project;
(e) any applicable approvals or assessments
under an applicable law that are likely to be
required before the development for the
15 declared project can commence;
(f) if relevant, any alternative options for the
declared project that have been considered in
the development of the project before it was
declared to be a declared project;
20 (g) an outline of studies conducted in relation to
the declared project and the study findings;
(h) an outline of any consultation that has been
undertaken and results of the consultation;
(i) if relevant, a draft program for further
25 consultation or studies in relation to an
aspect of the declared project;
(j) if more than one project option is being
considered for the purposes of the declared
project, all of the matters specified in
30 paragraphs (a) to (i) for each option.
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Part 1--Preliminary
s. 6
6 Project Minister may appoint entity to be the
project authority for an approved project
The Project Minister, by notice published in the
Government Gazette, may, for an approved
5 project, appoint as the project authority an entity
who is not the project proponent of that project.
7 Designation of project contractor
The Project Minister, by notice published in the
Government Gazette, may designate a person with
10 whom a project authority has entered into an
agreement for the development of a part of an
approved project on behalf of the project authority
as a project contractor.
8 Application of Crown Land (Reserves) Act 1978
15 For the purposes of this Act, the Crown Land
(Reserves) Act 1978 is to be taken to have effect
as if, in that Act, the terms "land" and "Crown
land" have the same meaning as in this Act.
9 Act to bind the Crown
20 This Act binds the Crown in right of Victoria, and
so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
__________________
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Part 2--Major Transport Project Declarations
s. 10
PART 2--MAJOR TRANSPORT PROJECT DECLARATIONS
10 Declaration of a transport project
(1) The Governor in Council, on the recommendation
of the Premier, may declare a transport project to
5 be a declared project--
(a) to which this Act applies; or
(b) this Act (other than Part 3 and 8) applies.
(2) A declaration under subsection (1) must be
published in the Government Gazette.
10 (3) A declaration under subsection (1) takes effect--
(a) on the day the declaration is published in the
Government Gazette; or
(b) if the declaration specifies a later day, on that
day.
15 11 Premier must consult with the Planning Minister
before making recommendation
The Premier must consult with the Planning
Minister before making a recommendation under
section 10.
20 12 Assessment of transport project before
recommendation
(1) The Premier must not make a recommendation
under section 10 unless the Premier has assessed
the transport project as a project that is of
25 economic, social or environmental significance
to--
(a) the State; or
(b) a region of the State.
(2) In making an assessment under subsection (1), the
30 Premier must have regard to the project
declaration guidelines.
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Part 2--Major Transport Project Declarations
s. 13
13 Project declaration guidelines
(1) The Premier must prepare guidelines for the
assessment of transport projects as to whether
such projects are of economic, social or
5 environmental significance to--
(a) the State; or
(b) a region of the State.
(2) Project declaration guidelines must be published
in the Government Gazette.
10 (3) Project declaration guidelines take effect--
(a) on the day they are published in the
Government Gazette; or
(b) if the guidelines specify a later day, on that
day.
15 14 Premier must appoint Minister to be the Project
Minister for a declared project
The Premier, by notice published in the
Government Gazette, must appoint a Minister to
be the Project Minister for a declared project.
20 15 Project Minister must appoint project proponent
(1) After a project declaration has been made, the
Project Minister, by notice published in the
Government Gazette, must appoint the public
authority that will be the project proponent for
25 that declared project.
(2) To avoid doubt, the Project Minister, by notice
published in the Government Gazette, may replace
a public authority appointed under subsection (1)
as the project proponent with another public
30 authority.
__________________
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Part 3--Assessment and Approval of Major Transport Projects
s. 16
PART 3--ASSESSMENT AND APPROVAL OF MAJOR
TRANSPORT PROJECTS
Division 1--Guidelines for this Part
16 Project proposal guidelines
5 (1) The Planning Minister must prepare guidelines in
relation to the form and content of a project
proposal.
(2) The Planning Minister must publish project
proposal guidelines on the Department's Internet
10 site as soon as practicable after the Minister
prepares the guidelines.
(3) Notice of the preparation of project proposal
guidelines must be published in the Government
Gazette as soon as practicable after the Planning
15 Minister prepares the guidelines.
(4) Project proposal guidelines take effect--
(a) on the day notice of their preparation is
published in the Government Gazette; or
(b) if the guidelines specify a later day, on that
20 day.
17 Impact assessment guidelines
(1) The Planning Minister may prepare guidelines
relating to--
(a) the assessment of impacts of a declared
25 project; and
(b) the form and content of a comprehensive
impact statement or impact management plan
for a declared project; and
(c) the form and content of public notices
30 required under this Part.
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(2) The Planning Minister must publish impact
assessment guidelines on the Department's
Internet site as soon as practicable after the
Minister prepares the guidelines.
5 (3) Notice of the preparation of impact assessment
guidelines must be published in the Government
Gazette as soon as practicable after the Planning
Minister prepares the guidelines.
(4) Impact assessment guidelines take effect--
10 (a) on the day notice of their preparation is
published in the Government Gazette; or
(b) if the guidelines specify a later day, on that
day.
18 Publication fee guidelines
15 (1) The Planning Minister may prepare guidelines
relating to the fee to be paid by a person for a
copy of a comprehensive impact statement under
section 49.
(2) Guidelines prepared under subsection (1) may
20 provide for a methodology for determining an
appropriate fee.
(3) The Planning Minister must publish publication
fee guidelines on the Department's Internet site as
soon as practicable after the Minister prepares the
25 guidelines.
(4) Notice of the preparation of publication fee
guidelines must be published in the Government
Gazette as soon as practicable after the Planning
Minister prepares the guidelines.
30 (5) Publication fee guidelines take effect--
(a) on the day notice of their preparation is
published in the Government Gazette; or
(b) if the guidelines specify a later day, on that
day.
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Division 2--Project proposals
19 Preparation of project proposal
(1) A project proponent for a declared project must
prepare a project proposal for that project.
5 (2) A project proposal must be prepared in
accordance with the project proposal guidelines.
(3) To avoid doubt, a project proponent for a declared
project may include in a project proposal for a
declared project any matter that the proponent
10 considers relevant.
(4) On completing a project proposal for a declared
project, the project proponent must give it to the
Planning Minister.
Division 3--Determination of appropriate impact
15 assessment process
20 Planning Minister must make determination as to
appropriate impact assessment
(1) On receiving a project proposal from a project
proponent, the Planning Minister must make a
20 determination as to whether--
(a) the comprehensive impact statement
assessment process must be complied with in
relation to the declared project; or
(b) the impact management plan assessment
25 process must be complied with in relation to
the declared project.
(2) The Planning Minister must make a determination
that the comprehensive impact statement
assessment process must be complied with in
30 relation to the declared project to which the
project proposal relates if the Minister considers
that the project proposal is inadequate for the
Minister to determine whether the impact
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s. 20
management plan assessment process must be
complied with in relation to the project.
(3) The Planning Minister may make a determination
requiring the project proponent to comply with the
5 impact management plan assessment process only
if the Minister is satisfied that--
(a) the land that is likely to be required for the
declared project is--
(i) land owned by a public authority or is
10 vested in the Crown; or
(ii) land owned by a person that is not a
public authority but is reserved for a
public purpose under a planning
scheme or other law; and
15 (b) the development of the declared project will
not require, or has been granted any of the
following--
(i) an applicable approval that is a works
approval;
20 (ii) an applicable approval that is a permit
or consent under the Heritage Act
1995;
(iii) an applicable approval that is a
planning permit under the Planning
25 and Environment Act 1987;
(iv) an applicable approval that is an
amendment to a provision of a planning
scheme under the Planning and
Environment Act 1987.
30 (4) The Planning Minister must make a determination
under this section within 10 business days after
receiving the project proposal.
(5) A determination under this section must be given
to the project proponent.
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s. 21
(6) Notice of the making of a determination under this
section must be published in the Government
Gazette as soon as practicable after the
determination is made.
5 21 Effect of determination
(1) If the Planning Minister makes an impact
management plan determination, Division 4
applies to the project proposal that relates to the
declared project to which the determination
10 applies.
(2) If the Planning Minister makes a comprehensive
impact statement determination, Division 5
applies to the project proposal that relates to the
declared project to which the determination
15 applies.
Division 4--Impact management plans
Subdivision 1--Scoping directions
22 Specification of matters to be considered and
addressed in impact management plan
20 (1) Subject to section 23, the Planning Minister must
prepare directions that specify the kinds of
impacts and other matters that must be considered
and addressed in an impact management plan for
the declared project to which an impact
25 management plan determination relates (the
scoping directions).
(2) Subject to section 24, the Planning Minister must
prepare, and give to the project proponent, the
scoping directions within 25 business days after
30 making an impact management plan
determination.
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(3) The scoping directions must be published in the
Government Gazette as soon as practicable after
the directions are prepared.
23 Planning Minister may request further information
5 in exceptional circumstances
(1) The Planning Minister, by written notice, given to
a project proponent, may request further
information from the project proponent for the
purpose of preparing scoping directions for the
10 impact management plan for the proponent's
declared project.
(2) The Planning Minister may only make a request
under subsection (1) before the end of the period
within which the Minister must prepare the
15 scoping directions under section 22(2).
(3) The Planning Minister may give a written notice
under subsection (1) only if the Minister considers
that exceptional circumstances exist such that the
Minister considers it necessary to request that
20 further information.
(4) A notice under subsection (1) must specify the
further information that is to be provided by the
project proponent.
24 Determining 25 business day period for the
25 preparation of scoping directions
The period of time specified in section 22(2) is not
to be taken to include any business day falling
within a period--
(a) commencing on the day a notice is given to a
30 project proponent under section 23; and
(b) ending on the day the Planning Minister
receives the information requested in the
notice.
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Subdivision 2--Preparation of impact management plan
25 Project proponent must consult with specified
persons as directed by Planning Minister
(1) The Planning Minister, for the purpose of the
5 preparation of an impact management plan for a
declared project, may direct the project proponent
for that project to consult with a person specified
in the direction.
(2) A direction under subsection (1) must be--
10 (a) given to the project proponent within
25 business days after the making of the
impact management plan determination that
relates to the declared project; and
(b) published in the Government Gazette within
15 25 business days after the making of the
impact management plan determination that
relates to the declared project.
(3) The project proponent must comply with a
direction under subsection (1).
20 26 Project proponent must comply with this Division
A project proponent for a declared project in
relation to which an impact management plan
determination has been made must comply with
this Division.
25 27 Content of impact management plans
A project proponent for a declared project must
prepare an impact management plan for the
project that--
(a) complies with the scoping directions for that
30 plan; and
(b) contains an assessment of the impacts of the
declared project; and
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s. 27
(c) sets out the options for the development of
the declared project that have been
considered, and the impacts for those
options; and
5 (d) sets out the methods considered to avoid,
minimise, manage or offset the impacts
referred to in paragraph (b) or (c); and
(e) includes a description of the preferred option
for the development of the declared project
10 and the reasons for that preference; and
(f) sets out how any State environment
protection policy or any waste management
policy that applies in relation to the
development and use of the declared project
15 will be observed; and
(g) identifies all of the applicable approvals that
will be required under all applicable laws in
order for the declared project to be
developed, including any requirements under
20 those laws applying to the declared project
when assessing the impacts of the declared
project; and
(h) includes the information that would be
required for the applicable law decisions to
25 be made under all of the applicable laws that
apply to the project including--
(i) a list of the mandatory applicable law
criteria and discretionary applicable law
criteria; and
30 (ii) information as to how the proponent
considers the criteria referred to in
subparagraph (i) apply.
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28 Impact assessment guidelines must be had regard to
when preparing impact management plan
Subject to this Division, a project proponent for a
declared project must have regard to any impact
5 assessment guidelines when preparing an impact
management plan for the project.
29 Completed impact management plan to be given to
Planning Minister
On completing an impact management plan for a
10 declared project, the project proponent for that
project must--
(a) submit the impact management plan to the
Planning Minister for an approval decision in
relation to the project; and
15 (b) pay to the Planning Minister the application
fee.
Division 5--Comprehensive impact statements
Subdivision 1--Scoping directions
30 Specification of matters to be considered and
20 addressed in comprehensive impact statements
(1) Subject to this Subdivision, the Planning Minister
must prepare directions that specify the kinds of
impacts and other matters that must be considered
and addressed in a comprehensive impact
25 statement for the declared project to which a
comprehensive impact statement determination
relates (the scoping directions).
(2) Subject to this Subdivision, the Planning Minister
must prepare, and give to the project proponent,
30 the scoping directions within 25 business days
after making a comprehensive impact statement
determination.
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s. 31
(3) The scoping directions must be published in the
Government Gazette as soon as practicable after
the directions are prepared.
31 Planning Minister may request further information
5 or public comment and submissions in exceptional
circumstances
(1) The Planning Minister, before the end of the
period specified under section 30, may--
(a) by written notice given to the project
10 proponent, request further information from
the project proponent for the purpose of
preparing the scoping directions for the
comprehensive impact statement for the
proponent's declared project; or
15 (b) within 15 business days after making a
comprehensive impact statement
determination, invite, by notice published in
a newspaper circulating generally throughout
Victoria and on the Department's Internet
20 site, the public to make written comment on,
or make written submissions in respect of, a
draft of the scoping directions within
15 business days after the date of the notice.
(2) A notice under subsection (1)(a) must specify the
25 further information that is to be provided by the
project proponent.
(3) If a notice is published under subsection (1)(b),
the Planning Minister must publish on the
Department's Internet site a draft of the scoping
30 directions.
(4) The Planning Minister may--
(a) request further information from the project
proponent under subsection (1)(a) only if the
Minister considers that there are exceptional
35 circumstances such that the Minister
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Part 3--Assessment and Approval of Major Transport Projects
s. 32
considers it necessary to request that further
information;
(b) invite comments and submissions from the
public under subsection (1)(b) only if--
5 (i) the Minister considers that there are
exceptional circumstances such that the
Minister considers it necessary to seek
those comments and submissions; or
(ii) the comprehensive impact statement
10 assessment process is a process to
which section 29 of the Environment
Protection and Biodiversity
Conservation Act 1999 of the
Commonwealth applies.
15 (5) When preparing the scoping directions, the
Planning Minister must consider every comment
or submission the Minister receives in response to
an invitation under subsection (1)(b) within the
period of time stated in that subsection.
20 32 Determining the 25 business day period for scoping
directions after notice for further information
The period of time specified in section 30(2) is not
to be taken to include any business day falling
within the period--
25 (a) commencing on the day a notice is given to a
project proponent under section 31(1)(a); and
(b) ending on the day the Planning Minister
receives the information requested in the
notice.
30 33 Extension of period of time for preparation of
scoping directions because of public consultation
(1) This section applies if the Planning Minister
invites comments and submissions from the public
under a notice published in accordance with
35 section 31(1)(b).
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(2) Despite section 30(2), the Planning Minister must
prepare the scoping directions within 15 business
days after the last day of the period stated in the
notice published in accordance with
5 section 31(1)(b).
34 Amendment of scoping directions
(1) The Planning Minister may amend the scoping
directions for the comprehensive impact statement
for a project proponent's declared project only if
10 the Minister considers that there are exceptional
circumstances that require an amendment to the
directions.
(2) An amendment to the scoping directions must be
given to the project proponent.
15 (3) Notice of an amendment to the scoping directions
must be published in the Government Gazette as
soon as practicable after the amendment is made.
(4) The scoping directions, as amended, must be
published on the Department's Internet site as
20 soon as practicable after being amended.
Subdivision 2--Assessment committees
35 Establishment of assessment committee
After publishing the scoping directions for a
comprehensive impact statement for a declared
25 project, the Planning Minister must--
(a) establish an assessment committee in
accordance with Part 8 to assess the
comprehensive impact statement; and
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(b) give the assessment committee the terms of
reference under which it will assess the
comprehensive impact statement in
accordance with this Division.
5 36 Content of terms of reference for assessment
committee
(1) The terms of reference given to an assessment
committee by the Planning Minister under
section 35(1)(b) may include directions to the
10 assessment committee on the following matters--
(a) a direction to conduct a preliminary hearing
in a particular way;
(b) the matters which the assessment committee
is to consider;
15 (c) the conduct of cross-examination, if
permitted;
(d) who may make submissions at a preliminary
hearing;
(e) any other matter the Planning Minister thinks
20 fit for the purpose of this Act.
(2) Subsection (1) does not limit what may be
included in the terms of reference given to an
assessment committee.
37 Publication of assessment committee terms of
25 reference
The Planning Minister must publish the terms of
reference the Minister gives an assessment
committee under section 35(1)(b) in the
Government Gazette and on the Department's
30 Internet site on the same day, or before the day,
the comprehensive impact statement for a
declared project is exhibited under Subdivision 4.
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Subdivision 3--Preparation of comprehensive impact
statements
38 Project proponent must comply with this Division
A project proponent for a declared project in
5 relation to which a comprehensive impact
statement determination has been made must
comply with this Division.
39 Content of comprehensive impact statements
A project proponent for a declared project must
10 prepare a comprehensive impact statement for the
project that--
(a) complies with the scoping directions for that
statement; and
(b) contains an assessment of the impacts of the
15 declared project; and
(c) sets out the options for the development of
the declared project that have been
considered, and the impacts for those
options; and
20 (d) sets out the methods considered to avoid,
minimise, manage or offset the impacts
referred to in paragraph (b) or (c); and
(e) includes a description of the preferred option
for the development of the declared project
25 and the reasons for that preference; and
(f) sets out how any State environment
protection policy or any waste management
policy that applies in relation to the
development and use of the declared project
30 will be observed; and
(g) identifies all of the applicable approvals that
will be required under all applicable laws in
order for the declared project to be
developed, including any requirements under
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s. 40
those laws applying to the declared project
when assessing the impacts of the declared
project; and
(h) includes the information that would be
5 required for the applicable law decisions to
be made under all of the applicable laws that
apply to the project including--
(i) a list of the mandatory applicable law
criteria and discretionary applicable law
10 criteria; and
(ii) information as to how the proponent
considers the criteria referred to in
subparagraph (i) apply; and
(i) in the case where the applicable approval
15 that will be required is an amendment to a
provision of a planning scheme--
(i) identifies every planning scheme that
applies to the location or proposed
location of the declared project; and
20 (ii) contains the proposed amendments to
every provision of every planning
scheme that will be required; and
(iii) contains an explanatory report for every
proposed amendment to a provision of
25 a planning scheme and any document to
be applied, adopted or incorporated in
any such amendment.
40 Impact assessment guidelines must be had regard to
when preparing comprehensive impact statement
30 Subject to this Division, a project proponent for a
declared project must have regard to any impact
assessment guidelines when preparing a
comprehensive impact statement for the project.
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41 Submission of comprehensive impact statement to
Planning Minister
(1) On completing a comprehensive impact statement
for a declared project, the project proponent for
5 that project must--
(a) submit the comprehensive impact statement
to the Planning Minister for review under
section 42; and
(b) pay to the Planning Minister the application
10 fee.
(2) The project proponent must give the Planning
Minister at least 20 business days written notice of
the proponent's intention to submit a
comprehensive impact statement to the Planning
15 Minister under subsection (1).
42 Consideration of comprehensive impact statement
by Planning Minister
(1) The Planning Minister, within 20 business days
after receiving a comprehensive impact statement,
20 must make a written determination (a review
determination) as to whether the comprehensive
impact statement can be released for public
exhibition under Subdivision 4.
(2) The Planning Minister, in a review determination,
25 may determine that a comprehensive impact
statement may be released for public exhibition
under Subdivision 4 only if the Minister is
satisfied that the statement is adequate to be
released for that purpose.
30 (3) In order to be satisfied that a comprehensive
impact statement is adequate to be released for
public exhibition, the Minister must be satisfied
the statement meets the requirements set out in
section 39.
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(4) For the purpose of determining whether a
comprehensive impact statement meets the
requirements set out in section 39(f), (g) and (h),
the Planning Minister may consult with--
5 (a) any applicable law decision maker
empowered to grant an applicable approval
that is necessary for the declared project or a
part of the declared project to be developed
and to which the comprehensive impact
10 statement relates; and
(b) any other person who the Minister considers
has the necessary experience or training to
advise the Minister in respect of the matters
the Minister must consider in making a
15 review determination.
(5) In a review determination, the Planning Minister
may direct the project proponent to revise an
assessment, or the presentation of an assessment
or finding, contained in the comprehensive impact
20 statement if the Minister is of the view that the
assessment or presentation is not adequate to be
released for public exhibition.
(6) A review determination must be--
(a) given to the project proponent; and
25 (b) published on the Department's Internet site.
(7) In addition, notice of the making of a review
determination must be published in the
Government Gazette.
43 Revisions to draft comprehensive impact statements
30 (1) On receiving a review determination directing
revisions to an assessment, or the presentation of
an assessment or finding, contained in the
comprehensive impact statement, the project
proponent must--
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(a) revise the statement in accordance with the
determination; and
(b) submit the comprehensive impact statement
(as revised) for review under section 42.
5 (2) For the purpose of this Subdivision, a
comprehensive impact statement that is revised in
accordance with a review determination is to be
taken to be a comprehensive impact statement
prepared in accordance with section 38.
10 (3) To avoid doubt, subsection (1) is not to be taken
as precluding more than one revised
comprehensive impact statement being submitted
for review under section 42.
Subdivision 4--Public exhibition of comprehensive impact
15 statements
44 Application
This Subdivision applies if the Planning Minister,
in a review determination, determines that a
comprehensive impact statement is adequate to be
20 released for public exhibition.
45 Time period for public exhibition
(1) The Planning Minister must determine the period
that the comprehensive impact statement must be
made publicly available in accordance with this
25 Subdivision.
(2) The period determined by the Planning Minister--
(a) must commence on the day notice is
published under section 47; and
(b) must not be less than 20 business days and
30 not more than 30 business days.
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(3) A determination under this section must be
published on the Department's Internet site on the
same day as the review determination that
determines that the comprehensive impact
5 statement can be released for public exhibition
under this Subdivision is published on the
Department's Internet site under section 42.
(4) In addition, notice of a determination under this
section must be published in the Government
10 Gazette on the same day that notice of the making
of the review determination that determines that
the comprehensive impact statement can be
released for public exhibition under this
Subdivision is published in the Government
15 Gazette under section 42.
46 Public exhibition of comprehensive impact
statement
The project proponent for the declared project to
which a comprehensive impact statement relates
20 must--
(a) make the comprehensive impact statement
publicly available in accordance with this
Subdivision for the period determined by the
Planning Minister under section 45; and
25 (b) give the comprehensive impact statement to
the assessment committee established under
section 35 to assess the comprehensive
impact statement.
47 Notification of public exhibition of comprehensive
30 impact statement
(1) The project proponent must--
(a) publish notice of the comprehensive impact
statement--
(i) in a newspaper circulating generally
35 throughout Victoria; and
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(ii) in at least one newspaper circulating in
the area where the declared project to
which the statement relates will be
developed; and
5 (iii) on the project proponent's Internet site;
and
(b) give a copy of the notice to--
(i) the Planning Minister; and
(ii) the owners and occupiers of land that
10 are or will be materially affected by the
declared project; and
(iii) all road authorities and infrastructure
managers that are or will be materially
affected by the declared project.
15 (2) On receiving a copy of the notice, the Planning
Minister must publish the notice on the
Department's Internet site.
48 Content of public notice of comprehensive impact
statement
20 A notice under section 47 must--
(a) include the name of the project proponent;
and
(b) include information about the scope of the
declared project; and
25 (c) state the places where the comprehensive
impact statement may be inspected by the
public; and
(d) invite submissions on the comprehensive
impact statement during the public exhibition
30 period; and
(e) state that submissions must be made to the
assessment committee established to assess
the comprehensive impact statement; and
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(f) state the last date by which submissions must
be made to the assessment committee
established to assess the comprehensive
impact statement; and
5 (g) give an explanation as to how a submission
in relation to the comprehensive impact
statement must be made; and
(h) state an address to which submissions to the
assessment committee established to assess
10 the comprehensive impact statement are to
be sent; and
(i) be in accordance with any impact assessment
guidelines.
49 Public availability of comprehensive impact
15 statement
(1) The project proponent must, during the public
exhibition period--
(a) publish the comprehensive impact statement
on the project proponent's Internet site; and
20 (b) give the comprehensive impact statement to
the Secretary; and
(c) make copies of the comprehensive impact
statement available to the public for
inspection free of charge during business
25 hours--
(i) at the place of business of the project
proponent; and
(ii) if the project proponent has any place
of business in the region of the State
30 where the declared project is proposed
to be developed, at those places; and
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(d) use reasonable endeavours to cause copies of
the comprehensive impact statement to be
made available to the public for inspection at
public places free of charge during business
5 hours.
(2) The project proponent, during the public
exhibition period, must give a copy of the
comprehensive impact statement to an owner of
land whose land is or will be materially affected
10 by the development of the declared project to
which the statement relates if the owner requests a
copy.
(3) A copy of a comprehensive impact statement must
be given under subsection (2) free of charge.
15 (4) On payment of the relevant fee, a person other
than a person who is an owner of land whose land
is or will be materially affected by the
development of the declared project to which the
comprehensive impact statement relates may be
20 given a copy of the statement.
(5) On receiving a comprehensive impact statement
under subsection (1)(b), the Secretary must
publish the statement on the Department's Internet
site.
25 (6) In this section--
public place includes--
(a) the offices or libraries of the Councils
whose municipal districts are within the
region of the State where the declared
30 project is proposed to be developed;
(b) a place that is determined, in writing,
by the Secretary for the purposes of this
section;
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relevant fee means the fee determined by the
project proponent in accordance with the
publication fee guidelines.
50 Notification of applicable law decision makers of
5 public exhibition of comprehensive impact
statement
As soon as practicable after receiving a notice
under section 47(1)(b)(i), the Planning Minister
must notify, in writing, every applicable law
10 decision maker referred to in the comprehensive
impact statement of the following--
(a) the public exhibition of the statement;
(b) that the applicable law decision makers may
provide advice in accordance with section 65
15 or be required to provide advice to an
assessment committee under section 245(2).
51 Comprehensive impact statements to be given to
agencies and applicable law decision makers
The project proponent must give a copy of the
20 comprehensive impact statement to every
applicable law decision maker referred to in the
statement as soon as practicable after the
commencement of the public exhibition period.
52 Public submissions on comprehensive impact
25 statements
(1) Subject to this section, during the public
exhibition period, any person may--
(a) make a submission to the assessment
committee established to assess the
30 comprehensive impact statement; or
(b) amend such a submission.
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(2) Two or more persons, together, may make a
submission or an amendment to a submission.
An assessment committee may treat such a
submission as a single submission.
5 (3) A submission or an amendment to a submission is
not properly made unless it--
(a) is in writing; and
(b) states the name and address of the person
making the submission or amendment; and
10 (c) states the grounds of the submission or
amendment; and
(d) is relevant to the declared project; and
(e) is within the scope of the terms of reference
of the assessment committee; and
15 (f) in the case of a submission made by 2 or
more persons, states the name and address of
the person who will--
(i) represent those persons in a preliminary
hearing or a formal public hearing; and
20 (ii) be the contact person for those persons.
(4) A person who has made a properly made
submission may withdraw that submission by
notice in writing given to the assessment
committee.
25 53 Assessment committee must disclose properly made
submissions unless they are confidential
(1) An assessment committee must cause a properly
made submission to be published on the
Department's Internet site unless--
30 (a) the person who made the submission claims,
when giving it to the committee, that the
submission contains confidential
information; and
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(b) the committee decides that the submission
contains confidential information.
(2) A properly made submission given to an
assessment committee that has been claimed
5 under this section to contain confidential
information, and that the committee has decided
contains confidential information, may be
published if that information is omitted.
(3) If information is omitted from a properly made
10 submission that is made publicly available by an
assessment committee under subsection (2), a note
to that effect must be included in the submission
at the place in the submission from which the
information is omitted.
15 (4) Despite anything to the contrary in this section, if
requested in writing by the Planning Minister, an
assessment committee must give a properly made
submission (with any confidential information
contained in the submission) to the Minister.
20 54 Review of submissions by assessment committee
(1) An assessment committee must review every
properly made submission it receives under this
Subdivision that is made within the public
exhibition period.
25 (2) An assessment committee may review a
submission or an amendment to a submission it
receives under this Subdivision--
(a) that is made after the end of the public
exhibition period and is a properly made
30 submission; or
(b) even if the submission or amendment to a
submission is not a properly made
submission.
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55 Public submissions on comprehensive impact
statements to be given to project proponent
An assessment committee must give a copy of
every submission, and every amendment to a
5 submission, that it receives to the project
proponent.
56 Consultation with persons who have made
submissions to clarify matters in submissions
(1) As part of a review under section 54, the
10 assessment committee may meet with, or
correspond with, a person who has made a
submission in order to clarify a matter arising
from the submission.
(2) An assessment committee must make a record of
15 every meeting it has with a person under
subsection (1).
(3) An assessment committee must cause all
correspondence between itself and a person who
has made a submission and all records referred to
20 in subsection (2) to be published on the
Department's Internet site unless--
(a) the person claims, when meeting with the
committee or in correspondence with the
committee, that the information they provide
25 is or contains confidential information; and
(b) the committee decides that that information
is or contains confidential information.
(4) Information given to an assessment committee
that has been claimed under this section to contain
30 confidential information, and that the committee
has decided contains confidential information,
may be published if that confidential information
is omitted.
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(5) If information is omitted from a record or
correspondence that is made publicly available by
an assessment committee under subsection (4),
a note to that effect must be included in the record
5 or correspondence at the place in the record or
correspondence from which the information is
omitted.
(6) Despite anything to the contrary in this section, if
requested in writing by the Planning Minister, an
10 assessment committee must give a record or
correspondence (with any confidential
information contained in the record or
correspondence) to the Minister.
57 Preliminary hearings
15 (1) The assessment committee must conduct a
preliminary hearing so as to enable persons--
(a) who have made properly made submissions
in relation the comprehensive impact
statement to clarify any issues that they have
20 raised in their submissions about the
declared project; or
(b) to raise any procedural or preliminary
matters in relation to the formal public
hearing that will be conducted in relation to
25 the comprehensive impact statement.
(2) The assessment committee may determine which
persons who have made properly made
submissions may attend the preliminary hearing.
(3) The preliminary hearing must be conducted--
30 (a) in accordance with Division 2 of Part 8; and
(b) in accordance with any direction given to the
assessment committee by the Planning
Minister under the terms of reference given
to the committee under section 35(1)(b); and
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(c) within 20 business days after the end of the
public exhibition period.
(4) Without limiting the matters about which an
assessment committee may give directions in the
5 conduct of a preliminary hearing, an assessment
committee may give directions to a project
proponent--
(a) seeking clarification of any matters arising
from the project proponent's comprehensive
10 impact statement;
(b) requiring the project proponent to provide
further information in relation to any or all of
its impact assessments in relation to the
declared project;
15 (c) requiring the project proponent to provide
further information regarding any other
aspect of the project proponent's
comprehensive impact statement.
(5) An assessment committee must--
20 (a) make a record of a preliminary hearing
conducted under this section; and
(b) prepare a written summary of the
preliminary hearing that includes--
(i) a list of the names of the persons who
25 participated in the hearing; and
(ii) a list of the issues raised at the hearing.
(6) An assessment committee must cause a written
summary referred to in subsection (5) to be
published on the Department's Internet site.
30 58 Notification of preliminary hearings
(1) As soon as practicable after the commencement of
the public exhibition period for a comprehensive
impact statement, the assessment committee
must--
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(a) publish notice of the time and place at which
the preliminary hearing is to be conducted--
(i) in a newspaper circulating generally
throughout Victoria; and
5 (ii) in at least one newspaper circulating in
the area where the declared project to
which the statement relates will be
developed; and
(b) give notice of the time and place at which the
10 preliminary hearing is to be conducted to the
owners and occupiers of land that were given
a notice under section 47; and
(c) cause notice of the time and place at which
the preliminary hearing is to be conducted to
15 be published on the Department's Internet
site.
(2) The assessment committee may also direct the
project proponent for the declared project to
publish notice of the time and place at which the
20 preliminary hearing is to be conducted on the
project proponent's Internet site.
(3) The project proponent must comply with a
direction under subsection (2) as soon as
practicable after receiving the direction.
25 59 Comprehensive impact statement issues report
(1) An assessment committee must give the project
proponent for the declared project in relation to
which the committee was established a written
report that summarises the issues in relation to the
30 declared project that the committee considers the
project proponent must address under
Subdivision 5.
(2) A report under subsection (1) must be given to the
project proponent within 20 business days after
35 the end of the public exhibition period.
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60 Project proponent must prepare a schedule of
possible revisions that address issues in report
Within 10 business days after receiving a
comprehensive impact statement issues report, a
5 project proponent must prepare a schedule for the
preparation of revisions to the comprehensive
impact statement that address the issues raised in
the report and give that schedule to--
(a) the assessment committee; and
10 (b) the Secretary.
Subdivision 5--Refinement of comprehensive impact
statements and options for declared project
61 Project proponent must revise comprehensive
impact statement
15 (1) A project proponent must revise the
comprehensive impact statement so that the
statement addresses the issues set out in a
comprehensive impact statement issues report.
(2) A project proponent may also revise the
20 comprehensive impact statement so that the
statement addresses any issue raised in a
submission, or amendment to a submission, given
to the proponent under section 55.
62 Publication and submission of revised
25 comprehensive impact statement
(1) This section applies subject to section 63.
(2) A project proponent must publish on its Internet
site--
(a) the revised comprehensive impact statement;
30 and
(b) notice of that publication.
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(3) In addition, notice of the publication of the revised
comprehensive impact statement must be--
(a) published--
(i) in a newspaper circulating generally
5 throughout Victoria; and
(ii) in at least one newspaper circulating in
the area where the declared project to
which the statement relates will be
developed; and
10 (b) given to--
(i) the Secretary; and
(ii) every person who made a properly
made submission during the public
exhibition period; and
15 (iii) all owners and occupiers of land that
were given a notice under section 47;
and
(iv) all owners and occupiers of land who
are or will be materially affected by the
20 declared project because of the revised
comprehensive impact statement and
who have not been given a notice under
section 47.
(4) A notice of the publication of a revised
25 comprehensive impact statement must--
(a) include the name of the project proponent;
and
(b) include information about the scope of the
declared project; and
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(c) invite submissions on the revised
comprehensive impact statement from
persons who may be adversely affected by
the revised statement because of the
5 revisions; and
(d) state that submissions must be made to the
assessment committee established to assess
the comprehensive impact statement to
which the revised statement relates; and
10 (e) state the last date by which submissions must
be received, which must be no less than
10 business days after the date of publication
of the notice in the newspaper circulating
generally throughout Victoria; and
15 (f) give an explanation as to how a submission
in relation to the revised statement must be
made; and
(g) state an address to which submissions to the
assessment committee established to assess
20 the comprehensive impact statement to
which the revised statement relates are to be
sent.
(5) On receiving a notice under subsection (3)(b)(i),
the Secretary must publish the notice on the
25 Department's Internet site.
63 Assessment committee to be notified of publication
At least 10 business days before a project
proponent publishes a revised comprehensive
impact statement in accordance with section
30 62(2)(a), the proponent must notify the assessment
committee established to assess the
comprehensive impact statement of the
proponent's intention to publish the revised
comprehensive impact statement.
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Subdivision 6--Other requirements before formal public
hearings
64 Revised comprehensive impact statement and works
approvals
5 (1) This section applies if a works approval is
required in order for the declared project or a part
of the declared project to be developed.
(2) The project proponent must--
(a) give the revised comprehensive impact
10 statement to the EPA for review by the EPA
on the same day the proponent gives the
revised statement to the assessment
committee; and
(b) pay to the EPA an amount that is equivalent
15 to the fee prescribed for the purpose of
section 19B(1)(b) of the Environment
Protection Act 1970.
65 Advice of applicable law decision makers in relation
to application of applicable law criteria
20 (1) An applicable law decision maker may give an
assessment committee advice as to--
(a) whether the parts of a comprehensive impact
statement that relate to the kinds of
applicable approvals it grants under the
25 relevant applicable law adequately address
the applicable law criteria for the granting of
those kinds of approvals; and
(b) if so, the kinds of conditions or restrictions it
may impose on those kinds of approvals.
30 (2) Advice under subsection (1) must be given to an
assessment committee before the first day after the
end of the formal public hearing conducted in
relation to the comprehensive impact statement.
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Subdivision 7--Formal public hearings
66 Notification of formal public hearing to be
conducted
(1) The assessment committee must, as soon as
5 practicable after receiving a notification under
section 63--
(a) publish notice of the time and place at which
the formal public hearing for the
comprehensive impact statement is to be
10 conducted--
(i) in a newspaper circulating generally
throughout Victoria; and
(ii) in at least one newspaper circulating in
the area where the declared project to
15 which the statement relates will be
developed; and
(b) give notice of the time and place at which the
formal public hearing is to be conducted to--
(i) the Secretary; and
20 (ii) the owners and occupiers of land that
were given a notice under section 47.
(2) On receiving a notice under subsection (1)(b)(i),
the Secretary must publish the notice on the
Department's Internet site.
25 67 Direction to project proponent to publish formal
public hearing time and place on Internet
(1) The assessment committee may also direct the
project proponent for the declared project to
which the comprehensive impact statement relates
30 to publish notice of the time and place at which
the formal public hearing is to be conducted on
the project proponent's Internet site.
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(2) The project proponent must comply with a
direction under subsection (1) as soon as
practicable after receiving the direction.
68 Conduct of formal public hearing by assessment
5 committee
(1) An assessment committee must conduct a formal
public hearing in relation to the comprehensive
impact statement in accordance with Division 2 of
Part 8.
10 (2) The assessment committee must commence to
conduct the formal public hearing within
20 business days after notice of the publication of
the revised statement is published under
section 62(2).
15 (3) The assessment committee must complete the
formal public hearing within 30 business days
after commencing the hearing under
subsection (2).
Subdivision 8--Supplementary comprehensive impact
20 statement assessments
69 Consideration of further assessments arising out of
a formal public hearing or submissions
(1) This section applies if--
(a) in a formal public hearing or a properly
25 made submission, a further option in relation
to the declared project is put forward that the
assessment committee considers--
(i) provides a prudent and feasible
alternative to the preferred option
30 contained in the comprehensive impact
statement; and
(ii) has not been given sufficient
consideration; and
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(b) the assessment committee considers that that
further option may have the effect of
requiring the comprehensive impact
statement to be revised and reassessed
5 (a supplementary assessment).
(2) In exceptional circumstances, the assessment
committee may recommend, in writing, to the
Planning Minister that the Minister directs the
project proponent to undertake a supplementary
10 assessment.
(3) In determining what constitutes exceptional
circumstances for the purpose of subsection (2),
an assessment committee may have regard to--
(a) the nature of the declared project and the
15 contents of the comprehensive impact
statement; and
(b) the extent to which the further option
provides a prudent and feasible alternative to
the preferred option presented in the
20 comprehensive impact statement; and
(c) the impacts of the further option; and
(d) any further information that is provided to
the committee by the project proponent
under section 70(1) in relation to the extent
25 to which the further option provides a
prudent and feasible alternative.
70 Assessment committee may request further
information from project proponent
(1) For the purpose of making a recommendation to
30 the Planning Minister under section 69(2), an
assessment committee may request, in writing, the
project proponent to give to the committee further
information in relation to the extent to which a
further option provides a prudent and feasible
35 alternative.
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(2) On receiving a request under subsection (1), the
project proponent must comply with the request.
(3) An assessment committee must give any
additional information given by the project
5 proponent in compliance with a request under
subsection (1) to the Secretary.
(4) On receiving additional information under
subsection (3), the Secretary must publish the
additional information on the Department's
10 Internet site.
71 Planning Minister may direct project proponent to
undertake a supplementary assessment
(1) On receiving a recommendation under
section 69(2), the Planning Minister may, in
15 writing, direct the project proponent to whom the
recommendation relates to undertake a
supplementary assessment in relation to a further
option in accordance with section 72.
(2) The Planning Minister must give his or her
20 reasons for a direction under subsection (1) to the
project proponent.
72 Supplementary assessments of further options
(1) This section applies if the Planning Minister
directs the project proponent for a declared project
25 to undertake a supplementary assessment in
relation to a further option in accordance with this
section.
(2) The project proponent for the declared project to
which the further option relates must review and
30 revise the comprehensive impact statement for the
project in light of the further option.
(3) After revising the comprehensive impact
statement in accordance with subsection (2), the
project proponent must comply with sections 60,
35 62, 63 and 64.
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(4) For the purpose of subsection (3), a reference in
those sections to a revised comprehensive impact
statement is to be read as a reference to a
comprehensive impact statement reviewed and
5 revised under this section.
(5) In addition, section 68 applies as if a reference in
that section to a comprehensive impact statement
were reference to a comprehensive impact
statement reviewed and revised under this section.
10 Subdivision 9--Assessment committee recommendations in
relation to comprehensive impact statements
73 Assessment committee recommendations
(1) An assessment committee established for a
declared project, by written report to the Planning
15 Minister, must recommend to the Planning
Minister (an assessment committee
recommendation) as to whether the Minister
should make an approval decision that--
(a) grants all or some of the applicable approvals
20 that are necessary for the declared project or
a part of the declared project to be developed
(with or without conditions); or
(b) refuses to grant all of the applicable
approvals that are necessary for the declared
25 project or a part of the declared project to be
developed.
(2) An assessment committee must not make an
assessment committee recommendation that is
inconsistent with the committee's terms of
30 reference.
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(3) If an assessment committee recommendation
recommends that the Planning Minister grant all
or some of the applicable approvals that are
required for the declared project or a part of the
5 declared project to be developed but with
conditions, the recommendation must specify--
(a) the conditions; and
(b) the relevant applicable law under which the
conditions are being imposed; and
10 (c) the person or body authorised under the
relevant applicable law to administer
compliance with the conditions.
(4) In making an assessment committee
recommendation, an assessment committee must
15 have regard to--
(a) the project proposal; and
(b) the comprehensive impact statement; and
(c) all properly made submissions; and
(d) any issues raised in, as the case requires--
20 (i) meetings and correspondence referred
to in section 56; and
(ii) a preliminary hearing; and
(iii) a formal public hearing; and
(e) the comments of the persons the committee
25 was directed by the Planning Minister to
consult with under this Division; and
(f) any consultation with or advice received
from an applicable law decision maker under
this Division; and
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(g) subject to this section, every applicable law
relevant to the declared project, including the
mandatory applicable law criteria and
discretionary applicable law criteria under
5 that law (as the case requires).
(5) In addition, in making an assessment committee
recommendation, an assessment committee may
have regard to any other matter the committee
considers relevant.
10 (6) Subsection (4)(g) applies despite anything to the
contrary in the applicable law that requires the
relevant applicable law decision maker under that
law to do anything other than have regard to the
mandatory applicable law criteria.
15 (7) An assessment committee recommendation must
set out the reasons of the assessment committee.
(8) An assessment committee recommendation must
be made and given to the Planning Minister within
30 business days after the last day of the formal
20 public hearing conducted in relation to the
comprehensive impact statement unless the
Planning Minister directs the project proponent,
under section 71, to undertake a supplementary
assessment in relation to a further option.
25 74 Specific applicable approval--Environment
protection works approvals
(1) This section applies if a works approval is
required under the Environment Protection Act
1970 in order for the declared project or a part of
30 the declared project to be developed.
(2) An assessment committee must give a copy of its
assessment committee recommendation to the
EPA on the same day on which the committee
gives the Planning Minister its assessment
35 committee recommendation.
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(3) On receiving an assessment committee
recommendation under this section, the EPA may
give advice to the Planning Minister as to--
(a) whether the Minister should, as part of the
5 Minister's approval decision, issue a works
approval for the declared project or a part of
the declared project; and
(b) if a works approval should be issued,
whether it should be subject to conditions
10 and the nature of such conditions (if any).
(4) The EPA must give its advice to the Planning
Minister within 30 business days after receiving
the copy of the assessment committee
recommendation.
15 Division 6--Interaction with the Aboriginal Heritage
Act 2006
75 Giving and notification of cultural heritage
management plans
The project proponent for a declared project
20 must--
(a) give the Planning Minister a copy of every
cultural heritage management plan that is
approved under the Aboriginal Heritage
Act 2006 for the area in which works are to
25 be carried out for the development of the
project or a part of the project; or
(b) notify, in writing, the Planning Minister if
the project proponent has applied to VCAT
under section 116 of the Aboriginal
30 Heritage Act 2006 for a review of, or
commenced proceedings in a court in
relation to--
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(i) a decision of a registered Aboriginal
party to refuse to approve a cultural
heritage management plan under
section 63 of that Act; or
5 (ii) a decision of the Secretary (within the
meaning of that Act) to refuse to
approve a cultural heritage management
plan under section 65 of that Act.
Division 7--Approval decisions
10 Subdivision 1--Application
76 Application of Division
This Division applies if the Planning Minister
receives--
(a) an impact management plan from a project
15 proponent under section 29; or
(b) an assessment committee recommendation.
Subdivision 2--General provisions relating to approval
decisions
77 Approval decisions
20 (1) Subject to this Division, on receiving an impact
management plan or assessment committee
recommendation, the Planning Minister must
make a decision (an approval decision) whether
to--
25 (a) grant all or some of the applicable approvals
that are necessary for the declared project or
a part of the declared project to be
developed; or
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(b) refuse to grant all of the applicable approvals
that are necessary for the declared project or
a part of the declared project to be
developed.
5 (2) In making an approval decision, the Planning
Minister must--
(a) in the case where the Minister receives an
assessment committee recommendation,
have regard to--
10 (i) the assessment committee
recommendation; and
(ii) the advice of the EPA under section 74;
and
(b) in every case, have regard to the
15 discretionary applicable law criteria under an
applicable law; and
(c) subject to subsection (3), in every case, have
regard to the mandatory applicable law
criteria under an applicable law.
20 (3) Subsection (2)(c) applies despite anything to the
contrary in the applicable law that requires the
relevant applicable law decision maker under that
law to do anything other than have regard to the
mandatory applicable law criteria.
25 78 Approval decisions for planning scheme
amendments
The Planning Minister may make an approval
decision that is solely for an amendment to a
provision of a planning scheme if the Planning
30 Minister has received a notification under
section 75(b).
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79 Consultation required in impact management plan
cases
Before making an approval decision following
receipt of an impact management plan, the
5 Planning Minister must consult with every
applicable law decision maker empowered to
grant an applicable approval that is necessary for
the declared project or a part of the declared
project to be developed.
10 80 Contents of approval decisions
(1) An approval decision must--
(a) specify--
(i) the applicable approvals granted or not
granted; and
15 (ii) if any of the applicable approvals have
been granted subject to conditions,
those conditions; and
(iii) any other conditions the Planning
Minister may wish to impose; and
20 (b) set out the reasons of the Planning Minister.
(2) Without limiting subsection (1)(a)(iii), the
Planning Minister may, by condition, require the
project proponent to--
(a) in the case of an approval decision relating to
25 a declared project for which a
comprehensive impact statement was
prepared--prepare an impact management
plan under Division 4 in relation to an aspect
of the declared project;
30 (b) in all cases--enter into an agreement with
the Minister in relation to any matter relating
to the development of the declared project
that is not a matter to which an applicable
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approval (to which the approval decision
relates) applies.
81 Time within which approval decision must be made
(1) The Planning Minister must make an approval
5 decision within 40 business days after receiving,
as the case requires--
(a) the impact management plan; or
(b) the assessment committee recommendation.
(2) However, the Planning Minister must not make
10 his or her decision under this Division before--
(a) receiving advice from the EPA under
section 74; or
(b) the time afforded to the EPA under that
section lapses--
15 whichever occurs first.
82 Giving and publication of approval decision
(1) An approval decision must be given to--
(a) the project proponent; and
(b) every applicable law decision maker
20 empowered to grant an applicable approval
that is necessary for the declared project or a
part of the declared project to be developed;
and
(c) in the case of an approval decision following
25 the comprehensive impact statement
assessment process, the persons referred to in
section 62(3)(b)(ii) to (iv); and
(d) in the case of an approval decision following
the impact management plan assessment
30 process, the persons with whom the project
proponent consulted in accordance with a
direction under section 25.
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(2) An approval decision must be published on the
Department's Internet site and notice of its making
must be published in the Government Gazette.
(3) An approval decision takes effect on the day
5 notice of its making is published in the
Government Gazette.
83 Publication of assessment committee
recommendation
(1) The Planning Minister must publish the
10 assessment committee recommendation to which
the Minister's approval decision relates at the
same time as the approval decision.
(2) An approval recommendation must be published
on the Department's Internet site.
15 84 Effect of approval decision granting the applicable
approvals for a declared project
(1) An approval decision granting any of the
applicable approvals necessary for a declared
project to be developed, where that decision
20 relates to a particular applicable approval, is to be
taken to be a decision of the applicable law
decision maker granting the applicable approval
under the relevant applicable law--
(a) despite anything to the contrary in that
25 applicable law; and
(b) even if--
(i) no application was made under the
applicable law for the particular
applicable approval; or
30 (ii) the process specified under the relevant
applicable law for the making of the
applicable law decision for the
particular applicable approval was not
complied with; or
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(iii) a fee required in respect of an
application under the relevant
applicable law for the making of the
applicable law decision for the
5 particular applicable approval was not
paid.
(2) Subject to subsection (3), an applicable approval
to which this section applies may be varied,
amended or revoked by the relevant applicable
10 law decision maker in accordance with the
relevant applicable law under which that approval
operates--
(a) only on the application of the project
authority for the declared project to which
15 the applicable approval applies; and
(b) with the written consent of the Planning
Minister.
(3) In the case of an applicable approval that is a
works approval, a condition to which the approval
20 is subject may be amended, or a new condition
may be inserted into the works approval, by the
EPA by notice--
(a) given to the project authority for the declared
project to which the approval relates; and
25 (b) published in the Government Gazette.
(4) A amendment, or insertion, of a condition under
subsection (3) is to be taken to be an amendment
of the works approval under section 19C of the
Environment Protection Act 1970.
30 (5) Subsections (2) and (3) apply despite anything to
the contrary in an applicable law.
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Subdivision 3--Planning scheme amendments
85 Modification of application of the Planning and
Environment Act 1987
(1) This section applies if the Planning Minister must
5 make an approval decision that relates to the
preparation, adoption and approval of an
amendment to a provision of a planning scheme
under the Planning and Environment Act 1987.
(2) Subject to this Division, for the purpose of the
10 Planning Minister making the approval decision,
the Planning and Environment Act 1987 (except
sections 38(2) to (4) and 39) applies as an
applicable law.
86 Amendments to provisions of planning schemes
15 must not require planning permit for works
An approval decision that makes an amendment to
a provision of a planning scheme must not have
the effect of requiring a person to hold a planning
permit in order for that person or another person
20 to carry out works in the project area for the
declared project to which the decision relates.
Subdivision 4--Other applicable law exclusions and
modifications
87 Modification of the application of the Flora and
25 Fauna Guarantee Act 1988
(1) This section applies if the Planning Minister must
make an approval decision that relates to the
granting of a permit under section 40 of the Flora
and Fauna Guarantee Act 1988.
30 (2) The project proponent is taken to be a landholder
to which section 40 of that Act applies for the
purpose of the Planning Minister making the
approval decision.
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88 Modification of the application of the Heritage
Act 1995
(1) This section applies if the Planning Minister must
make an approval decision that relates to--
5 (a) the issue of a permit under section 74 of the
Heritage Act 1995; or
(b) the issue of a consent under section 129 of
the Heritage Act 1995.
(2) Subject to this Division--
10 (a) in the case of the issue of a permit under
section 74 of that Act, that Act (except
sections 72 and 74(2)) applies as an
applicable law for the purpose of the
Planning Minister making the approval
15 decision;
(b) in the case of the issue of a consent under
section 129 of that Act, that Act (except
sections 129(2)(c)) applies as an applicable
law for the purpose of the Planning Minister
20 making the approval decision.
Division 8--Approval decision variations
89 Applications for variations
(1) The project authority for a declared project may
apply to the Planning Minister for a variation to
25 the approval decision that applies to the declared
project.
(2) An application must--
(a) be in writing; and
(b) specify the variation being sought; and
30 (c) include information that explains, and the
reasons for, the variation sought.
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90 Planning Minister to make determination on
application
(1) On receiving an application under section 89, the
Planning Minister must determine which
5 provisions of the impact management plan
assessment process or comprehensive impact
statement process should apply to the variation
sought.
(2) In making a determination under subsection (1),
10 the Planning Minister must have regard to the
nature of the variation sought.
(3) A determination under subsection (1) must--
(a) specify which of the provisions of the impact
management plan assessment process or
15 comprehensive impact statement process will
apply to the variation sought; and
(b) be given to the project authority that made
the application.
(4) Notice of the making of a determination under
20 subsection (1) must be published--
(a) in the Government Gazette; and
(b) on the Department's Internet site.
Note
See also section 84(2).
25 91 Application of Part to variation sought by project
authority
On the making of a determination under
section 90--
(a) the provisions of the impact management
30 plan assessment process or comprehensive
impact statement process specified in the
determination apply to the variation
sought--
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(i) as if a reference in those provisions to
the project proponent were a reference
to the project authority seeking the
variation to the approval decision that
5 applies to the declared project; and
(ii) as if a reference in those provisions to
the declared project (other than a
reference to the declared project to be
developed) were a reference to the
10 variation being sought to the approval
decision that applies to the approved
project; and
(iii) as if a reference in those provisions to a
declared project to be developed were a
15 reference to the declared project to be
developed if the variation to the
approval decision that applies to the
project is made; and
(iv) with any other modifications that are
20 necessary; and
(b) Divisions 6 and 7 apply--
(i) as if a reference in those Divisions to an
approval decision were an approval
decision varying the approval decision
25 that applies to the declared project; and
(ii) as if a reference in those Divisions to
the project proponent were a reference
to the project authority seeking the
variation to the approval decision that
30 applies to the declared project; and
(iii) with any other modifications that are
necessary.
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92 Development of approved project may continue in
some cases while a variation sought
To avoid doubt, a project authority may continue
to develop those parts of an approved project that
5 do not relate to the variation of the approval
decision sought under this Division.
Division 9--Other matters
93 Correction of mistakes
(1) The Planning Minister may correct an approval
10 decision, or applicable approval to which the
approval decision applies, if the decision or
applicable approval contains--
(a) a clerical mistake or an error arising from
any accidental slip or omission; or
15 (b) an evident material miscalculation of figures
or an evident material mistake in the
description of any person, thing or property
referred to in the approval decision or
applicable approval.
20 (2) Subsection (1) applies despite anything to the
contrary in an applicable law.
94 Reports to the Premier in relation to compliance
with time limits under this Part
The Planning Minister, within 10 business days
25 after receiving a written request from the Premier,
must report to the Premier in relation to--
(a) whether there has been any non-compliance
by any person or body with a time limit
required under this Part; and
30 (b) the reasons for those cases of non-
compliance.
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Part 4--The Project Area
s. 95
PART 4--THE PROJECT AREA
95 Designation of project area
(1) This section applies if the Planning Minister--
(a) makes an approval decision in relation to a
5 declared project; or
(b) if the Governor in Council declares a
transport project to be a declared project to
which this Act (other than Part 3 and 8)
applies.
10 (2) The Planning Minister, by Order published in the
Government Gazette, must designate the area of
land for--
(a) in the case where the Minister has made a
determination under section 20 that does not
15 require a project proponent for a declared
project to conduct an impact assessment
under Part 3--the declared project to which
the determination relates;
(b) in the case where the Minister has made an
20 approval decision--the declared project to
which that decision relates.
(3) The Planning Minister must not make a
designation under this section unless--
(a) the Minister has received appropriate plans
25 that describe the area of land that have
been--
(i) signed by the Surveyor-General; and
(ii) lodged at the Central Plan Office; and
(b) the designation is consistent with any
30 applicable planning scheme.
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(4) 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.
5 96 Variations to project area
(1) A project authority for an approved project may
request the Planning Minister to vary the project
area for the approved project by doing either or
both of the following--
10 (a) increasing the project area by designating an
area of land in the vicinity of the project area
to be part of the project area;
(b) designating an area of land as not being part
of the project area.
15 (2) A request under subsection (1) must--
(a) set out the variation being requested; and
(b) be in writing.
(3) On receiving a request under subsection (1), the
Planning Minister, by Order published in the
20 Government Gazette, may vary the project area by
doing either or both of the following--
(a) increasing the project area by designating an
area of land in the vicinity of the project area
to be part of the project area;
25 (b) designating an area of land as not being part
of the project area.
(4) The Planning Minister must not make a
designation under this section unless the Planning
Minister has received appropriate plans that
30 describe the area of the land that have been--
(a) signed by the Surveyor-General; and
(b) lodged at the Central Plan Office.
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(5) 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.
5 97 Consolidated plans for project area
(1) The Planning Minister, by Order published in the
Government Gazette, may approve consolidated
plans of a project area incorporating all variations
to the project area made under section 96 up to the
10 date of the Order.
(2) The Planning Minister must not make an Order
under this section unless the Planning Minister has
received the appropriate consolidated plans, that
have been--
15 (a) signed by the Surveyor-General; and
(b) lodged at the Central Plan Office.
(3) An Order under this section approving
consolidated plans for a project area revokes and
replaces any existing approved consolidated plans
20 for the project area.
(4) 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
day.
25 98 Planning scheme amendment powers of Planning
Minister in relation to variations to project area
(1) This section applies if--
(a) an Order is made under section 96; and
(b) land to which that Order relates is deemed to
30 be reserved for public purposes under a
planning scheme.
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(2) The Planning Minister, in accordance with the
Planning and Environment Act 1987, may
amend the provisions of the planning scheme so
that--
5 (a) in the case of an Order made under
section 96(3)(a)--the land is deemed to be
reserved for public purposes under the
planning scheme;
(b) in the case of an Order made under
10 section 96(3)(b)--the land ceases to be
deemed to be reserved for public purposes
under the planning scheme.
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Major Transport Projects Facilitation Bill 2009
Part 5--A Project Authority's Functions and Powers
s. 99
PART 5--A PROJECT AUTHORITY'S FUNCTIONS AND
POWERS
Division 1--Interpretation
99 Definitions
5 In this Part--
additional project power means any one or more
of the following--
(a) to acquire, hold or dispose of, on behalf
of the Crown, real or personal property;
10 (b) with the written approval of the
Treasurer, to participate in the
formation of a corporation, trust,
partnership or other body or enter into a
joint venture;
15 (c) to subscribe for or otherwise acquire,
and hold and dispose of, shares in or
debentures or other securities of, a
corporation;
(d) to become a member of a company
20 limited by guarantee;
(e) to subscribe for or otherwise acquire,
and hold and dispose of, units in a trust;
(f) to acquire, and hold and dispose of, an
interest in a partnership or other body;
25 (g) to give indemnities, guarantees,
releases and charges, and anything else
of a similar nature;
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(h) to, on behalf of the Crown--
(i) assign, grant, lease, licence, sell,
mortgage, use as a security, or
otherwise encumber or dispose of,
5 any intellectual property right of
the Crown;
(ii) seek any remedy in relation to, or
do anything necessary to enforce,
protect, maintain, register or
10 exploit, any intellectual property
right of the Crown;
(iii) seek any remedy in relation to, or
do anything necessary to enforce,
protect, maintain or exploit any
15 Crown copyright;
(i) to employ or engage staff or
consultants;
(j) to enter into arrangements for the
services of persons employed under the
20 Public Administration Act 2004;
(k) to appoint agents and attorneys, and act
as agent;
specified project power means an additional
project power specified by Order under
25 section 100.
100 Specification of project powers
The Governor in Council, on the recommendation
of the Project Minister for the approved project to
be developed by a project authority, by Order
30 published in the Government Gazette, may specify
an additional project power to be a specified
project power.
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Part 5--A Project Authority's Functions and Powers
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Division 2--Functions and powers of a project authority
101 A project authority's functions
A project authority has, for an approved project,
the following functions--
5 (a) to facilitate, on behalf of the State, the
development of the approved project;
(b) to seek and evaluate submissions from
persons interested in undertaking the
approved project;
10 (c) to negotiate with persons interested in
undertaking the development of the approved
project;
(d) to make recommendations in relation to
contractual arrangements between the State
15 and any other person for the development or
delivery of the approved project;
(e) to enter into contractual arrangements with
any persons for the development or delivery
of the approved project and to administer and
20 manage such arrangements;
(f) to administer and manage agreements and
arrangements between the State and any
other person for, or relating to, the
development or delivery of the approved
25 project;
(g) to facilitate and coordinate consultations
with statutory authorities and agencies of the
State and other bodies or persons involved
in, or affected by, the development or
30 operation of the approved project;
(h) to negotiate and enter into arrangements with
statutory authorities and agencies of the State
and other bodies or persons involved in, or
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affected by, the development or operation of
the approved project;
(i) to make recommendations to the Project
Minister in relation to facilitating the
5 approved project and coordinating with
statutory authorities, agencies of the State
and other bodies or persons involved in, or
affected by, the development or operation of
the approved project;
10 (j) to ensure that agreements and arrangements
between the State and any other person for,
or relating to, the development or delivery of
the approved project are performed in
accordance with their terms;
15 (k) to commission transport infrastructure that is
developed as part of an approved project;
(l) to undertake any other functions that are
conferred on the project authority by or
under this Act or any other Act.
20 102 A project authority's powers
(1) For the purpose of performing its project
functions, the project authority, in addition to all
other powers conferred on it by or under any other
Act or law, may--
25 (a) exercise a specified project power; and
(b) exercise a power conferred on it by or under
this Act.
(2) In addition, a project authority may do all other
things necessary or convenient to be done for, or
30 in connection with, or as incidental to, the
performance of its project functions under this
Act.
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Part 5--A Project Authority's Functions and Powers
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103 Delegation--to staff and members
(1) A project authority, by instrument, may delegate
to--
(a) an employee of the authority; or
5 (b) a person employed under the Public
Administration Act 2004; or
(c) if the authority is a body corporate, a
member or chief executive of the authority--
any project function the project authority has,
10 other than this power of delegation.
(2) If the project authority is a body corporate, an
instrument under subsection (1) must be under the
authority's common seal.
104 Delegation--when the Director of Public Transport
15 is the project authority
(1) This section applies if the project authority is the
Director of Public Transport.
(2) The Director of Public Transport, by instrument,
may delegate to--
20 (a) a person employed in the Department of
Transport under Part 3 of the Public
Administration Act 2004; or
(b) a person employed by VicRoads; or
(c) a person engaged by the Secretary to the
25 Department of Transport--
any project function the Director has, other than
this power of delegation.
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105 Delegation--to the project contractor
(1) A project authority, by instrument, may delegate
to a project contractor a road function.
(2) If a project authority delegates a road function
5 under this section, the authority must publish a
notice of that delegation in the Government
Gazette.
(3) If the project authority is a body corporate, an
instrument under subsection (1) must be under the
10 authority's common seal.
106 Sub-delegations by project contractor
(1) This section applies if an instrument of delegation
under section 105 delegating a road function to
the project contractor named in the instrument
15 authorises the sub-delegation of that road function
by that project contractor to another person or
body.
(2) Subject to the consent of the Project Minister and
any conditions to which the instrument of
20 delegation is subject, the project contractor, by
instrument, may sub-delegate any road function
delegated to the contractor under that instrument
of delegation to any other person.
(3) If a project contractor sub-delegates any road
25 function under this section, the project contractor
must publish a notice of that sub-delegation in the
Government Gazette.
107 Application of Interpretation of Legislation Act
1984 to sub-delegations by project contractor
30 Sections 42 and 42A of the Interpretation of
Legislation Act 1984 apply to a sub-delegation
authorised by section 106 in the same way as they
apply to a delegation.
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108 Project contractor to notify project authority before
performing a road function
(1) A project contractor must notify, in writing, the
project authority that delegated a road function to
5 the contractor of its intention to perform a road
function.
(2) A project contractor does not need to comply with
subsection (1) if there is an agreement in force
between the project contractor and the project
10 authority that provides for a notification of the
kind referred to in that subsection.
109 Project authority subject to Project Minister
direction or control
A project authority, when performing or
15 exercising a project function, is subject to the
direction and control of the Project Minister.
Division 3--End of declared project
110 Notification of completion of approved project
(1) On the completion of an approved project, the
20 project authority for the project must notify, in
writing, the Project Minister of the project's
completion.
(2) On receiving a notification under subsection (1),
the Project Minister must publish a notice in the
25 Government Gazette, advising of the completion
of the approved project.
111 Effect of notification of completion of an approved
project
On publication of a notice under section 110(2),
30 the project authority ceases to have any project
functions in respect of the approved project to
which the notice relates.
__________________
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PART 6--PROJECT DELIVERY
Division 1--Acquisition of land in the project area
112 Powers of acquisition
(1) A project authority may acquire an interest in land
5 in the project area by agreement or by a
compulsory process for the purposes of an
approved project or any purpose connected with
the approved project.
(2) This section does not apply to the compulsory
10 acquisition of native title rights and interests.
113 Application of Land Acquisition and Compensation
Act 1986
Subject to this Division and Division 6, the Land
Acquisition and Compensation Act 1986 applies
15 to this Act and for that purpose--
(a) the Major Transport Projects Facilitation
Act 2009 is the special Act; and
(b) a project authority is the Authority.
114 Acquired land to be Crown land
20 Subject to sections 115 and 117, any interest in
land acquired by a project authority under
section 112 vests in the Crown under section 24 of
the Land Acquisition and Compensation Act
1986 despite anything to the contrary in that Act
25 unless--
(a) the land was Crown land before its
acquisition; and
(b) the project authority declares in the notice of
acquisition that the project authority is
30 acquiring the interest in fee simple in the
land.
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115 Certain acquired land taken to be reserved
(1) If a project authority acquires an interest in land
that vests in the Crown under section 113, the
land--
5 (a) is taken to be unalienated land of the Crown;
and
(b) is taken to be temporarily reserved under
section 4(1) of the Crown Land (Reserves)
Act 1978 for public purposes, being, in
10 particular, the purposes of the approved
project.
(2) The reservation of land under subsection (1) may
be amended, revoked and otherwise dealt with in
accordance with the Crown Land (Reserves) Act
15 1978.
116 Acquisition of easement--easement in gross
If a project authority acquires any right in the
nature of an easement or purporting to be an
easement under section 112, that right must be
20 taken to be an easement even though there is no
land vested in the project authority or the Crown
that is benefited by or capable of being benefited
by that right.
117 Acquisition by project authority--effect on utilities
25 (1) This section applies if--
(a) a project authority acquires an interest in
land under section 112 or Division 6; and
(b) an easement of a utility or a right in the
nature of an easement of a utility is
30 extinguished on that acquisition.
(2) Nothing in section 24 of the Land Acquisition
and Compensation Act 1986 has the effect of
removing--
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(a) a utility's ownership of any utility
infrastructure; or
(b) any right (other than an interest in real
property) arising under any existing
5 agreement between utilities in relation to
utility infrastructure; or
(c) any right (other than an interest in real
property) conferred by an enactment on a
utility in relation to utility infrastructure.
10 (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
in any agreement, arrangement or understanding
15 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.
20 118 Modification of Land Acquisition and
Compensation Act 1986--general
(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
25 Act.
(2) Land in a project area is taken to have been
reserved under a planning instrument for a public
purpose for the purposes of section 5 of the Land
Acquisition and Compensation Act 1986.
30 (3) Section 7(2) of the Land Acquisition and
Compensation Act 1986 applies to an acquisition
under section 112 as if in that section for "twelve
months" there were substituted "3 months".
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(4) Section 8(1) of the Land Acquisition and
Compensation Act 1986 applies to an acquisition
under section 112 as if for paragraph (e) there
were substituted--
5 "(e) state that the land is within a project area
within the meaning of the Major Transport
Projects Facilitation Act 2009;".
(5) Section 74 of the Land Acquisition and
Compensation Act 1986 applies to a project
10 authority's powers of entry in relation to land as if
after section 74(1)(b) there were inserted--
"(ba) undertake flora and fauna surveys and
archaeological investigations; and".
(6) Section 43 of the Land Acquisition and
15 Compensation Act 1986 applies to an acquisition
under section 112 as if after section 43(1)(b) there
were inserted--
"(ba) any special suitability or adaptability of the
land in which the acquired interest subsists
20 for a purpose for which it could be used
under the Major Transport Projects
Facilitation Act 2009 for the purposes of an
approved project within the meaning of that
Act;".
25 (7) Section 109 of the Land Acquisition and
Compensation Act 1986 does not apply to an
interest in land acquired under section 112.
119 Modification of Land Acquisition and
Compensation Act 1986--temporary occupation
30 Section 75 of the Land Acquisition and
Compensation Act 1986 has effect as if--
(a) it empowers the project authority and any
person authorised by the project authority
under that section to enter any land; and
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(b) after section 75(2)(f) there were inserted--
"(fa) demolish structures (other than places
of residence or business); or
(fb) carry out works on drainage channels,
5 streams or other waterways, or works
relating to the diversion of drainage
channels, streams or other waterways;
or"; and
(c) section 75(6) did not apply.
10 120 Compensation for entry or temporary occupation
(1) This section applies if a project authority occupies
land under section 75 of the Land Acquisition
and Compensation Act 1986.
(2) Section 47(3) of the Land Acquisition and
15 Compensation Act 1986 does not apply.
(3) The owner of the land has a right to receive rent
from the project authority for the occupation of
the land by the authority as determined under this
section.
20 (4) Within 30 days after serving a notice under
section 75(3) of the Land Acquisition and
Compensation Act 1986, the project authority
must make an offer for the payment of rent to the
owner of the land for the authority's occupation of
25 that land.
(5) If a project authority and the owner of the land do
not agree on an amount of rent to be paid by the
project authority within one month after the
project authority's first offer for the payment of
30 rent under subsection (3), the project authority
must notify the Valuer General in writing of the
disagreement.
(6) Within 10 business days after receiving notice
from a project authority under subsection (4), the
35 Valuer General must appoint a valuer to determine
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the amount of rent payable for the occupied land
by the project authority.
(7) If a project authority or an owner of the land
disagrees with a determination made by a valuer
5 under subsection (6), the disagreement is taken to
be a disputed claim for the purposes of the Land
Acquisition and Compensation Act 1986 and
Part 10 of that Act applies as if--
(a) a reference in that Part to the Authority were
10 a reference to the project authority; and
(b) a reference in that Part to the claimant were a
reference to the owner.
121 Project authority to prepare condition report for
occupied land
15 (1) Within 14 days after the project authority occupies
land under section 75 of the Land Acquisition
and Compensation Act 1986, the project
authority must give the owner of the land a report
as to the condition of the land at occupation
20 (a condition report).
(2) If the owner of the land disagrees with any aspect
of the condition report, the owner must give
written notice of that disagreement to the project
authority within one month after being given the
25 condition report.
(3) If the owner of the land does not give notice of the
owner's disagreement within the time specified
under subsection (2), the owner is taken to agree
with the contents of the condition report.
30 (4) If the owner gives a notice within the time
specified under subsection (2) and the owner and
project authority cannot agree as to the contents of
the condition report within 2 months after the date
the condition report was given under subsection
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(1), the project authority must notify the Valuer
General that a dispute exists under this section.
(5) Within 10 business days after receiving notice
from a project authority under subsection (4), the
5 Valuer General must appoint a valuer to prepare a
condition report.
(6) For the purposes of section 47(1) of the Land
Acquisition and Compensation Act 1986, a
condition report prepared by a valuer under this
10 section is conclusive evidence of the condition of
the land immediately prior to its occupation by the
project authority.
122 Modification of Land Acquisition and
Compensation Act 1986--regulations
15 The regulations in force from time to time under
the Land Acquisition and Compensation Act
1986 and the forms prescribed under those
regulations apply in relation to the operation of
this Division with such modifications as are
20 necessary to give effect to this Division.
123 Transfer of building or structure as compensation
With the agreement of the person entitled to
compensation under this Division for the
acquisition of an interest in land, a project
25 authority may transfer a building or structure from
project land or from land owned by the project
authority or by that person to other land owned by
that person in full or in part settlement of any
compensation that the project authority is liable to
30 pay.
124 Adjoining land may be provided as compensation
(1) If a project authority acquires compulsorily under
this Division part of a parcel of land owned by a
person, the project authority may require that
35 person to take land--
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(a) that adjoins the part of that parcel that was
not acquired; and
(b) that is owned by the project authority or is
surplus land.
5 (2) The value of that adjoining land must be deducted
from any amount to be paid by way of
compensation to the owner of the land acquired
compulsorily by the project authority.
(3) If the project authority and the owner cannot agree
10 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.
Division 2--Acquisition of native title rights and interests
15 125 Application of Division
This Division applies in relation to an approved
project if--
(a) section 24KA of the Native Title Act does
not apply to the approved project; and
20 (b) the Project Minister makes an Order in
respect of the approved project under
section 126 requiring acquisition of any
native title rights and interests.
126 Project Minister may order compulsory acquisition
25 (1) The Project Minister, by Order published in the
Government Gazette, may determine that
compulsory acquisition of native title rights and
interests is necessary for the purposes of an
approved project.
30 (2) An Order under this section takes effect on the
day that it is published in the Government
Gazette.
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127 Compulsory acquisition of native title rights and
interests
(1) A project authority may acquire a native title right
or interest in land in the project area by a
5 compulsory process for the purposes of an
approved project or any purpose connected with
an approved project.
(2) Subject to this Division, the Land Acquisition
and Compensation Act 1986 applies to a
10 compulsory acquisition referred to in
subsection (1) and for that purpose--
(a) the Major Transport Projects Facilitation
Act 2009 is the special Act; and
(b) the project authority is the Authority.
15 (3) 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.
128 Acquired right or interest to vest in Crown
20 Any right or interest in land acquired by the
project authority under section 127 vests in the
Crown under section 24 of the Land Acquisition
and Compensation Act 1986 despite anything to
the contrary in that Act.
25 129 Procedure for acquisition
(1) For the purposes of the compulsory acquisition of
native title rights and interests in land, a project
authority is authorised to comply with any
relevant procedure under the Native Title Act for
30 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 subsection
within 2 months after notice is given under that
35 subsection, the project authority may
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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
5 Title Act in relation to the compulsory acquisition,
VCAT is the independent body for hearing an
objection under section 24MD(6B)(f) and
sections 130 and 131 apply.
(4) If an objection is made under section
10 24MD(6B)(d) of the Native Title Act to a
proposed compulsory acquisition of native title
rights and interests, the project authority may
compulsorily acquire the native title rights and
interests in the land if--
15 (a) all those objections have been withdrawn; or
(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
20 referred to VCAT.
(5) If an objection made under section 24MD(6B)(d)
of the Native Title Act to a proposed compulsory
acquisition is referred to VCAT and a
determination is made that the proposed
25 compulsory acquisition proceed, the project
authority, in accordance with the determination
and subject to this Act, may compulsorily acquire
the native title rights and interests.
(6) If VCAT makes a determination that the proposed
30 compulsory acquisition not proceed, or proceed
subject to conditions, the project authority must
comply with that determination except as
permitted by subparagraphs (i), (ii) and (iii) of
section 24MD(6B)(g) of the Native Title Act.
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130 Referral of objections to VCAT
(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
5 rights and interests may request the project
authority to refer the objection to VCAT.
(2) A request under subsection (1) must be made
within 5 months after notification under section
24MD(6B) of the Native Title Act of the proposed
10 compulsory acquisition.
(3) If a request is made, the project authority must
refer the objection to VCAT unless the project
authority decides not to proceed with the
compulsory acquisition.
15 (4) The project authority is a party to a proceeding in
VCAT in respect of an objection.
131 Determination of VCAT on objection
(1) VCAT may make any of the following
determinations in respect of an objection referred
20 to it under section 130--
(a) a determination that the proposed
compulsory acquisition that is the subject of
the objection proceed;
(b) a determination that the proposed
25 compulsory acquisition proceed subject to
conditions;
(c) a determination that the proposed
compulsory acquisition not proceed.
(2) In making a determination, VCAT must take into
30 account--
(a) the likely impact of the proposed compulsory
acquisition on the objector's registered native
title rights and interests; and
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(b) the measures proposed to be taken to
minimise that impact.
(3) To avoid doubt, a determination is not an order of
VCAT for the purposes of the Victorian Civil
5 and Administrative Tribunal Act 1998.
Note
Compare section 79 of the Native Title Act.
132 Disputed claims for compensation--native title land
If the compensation payable to a person in respect
10 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
compensation as is necessary to ensure that
15 compensation is paid on just terms.
Division 3--Acquisition of land outside the project area
133 Power of project authority to purchase land
(1) A project authority may purchase land outside the
project area for the purposes of an approved
20 project.
(2) A project authority may purchase land outside the
project area for the purpose of preservation,
restoration or provision of native habitat.
(3) A project authority may purchase the whole of a
25 parcel of land even if only part of the land is
required for the purposes of an approved project
or a purpose specified in subsection (2).
(4) If a project authority acquires part of a parcel of
land under section 112, it may purchase the rest of
30 the parcel of land under this Division even if the
rest of the parcel is not required for the purposes
of an approved project or a purpose specified in
subsection (2).
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(5) If an Order has been published under section 134
requiring a public authority to surrender land to
the Crown or divesting land from a public
authority, and at the time the public authority
5 acquired the land it did not acquire the whole of
the parcel of which the land formed part, the
project authority may purchase the rest of the
parcel of land under this Division even if the rest
of the parcel is not required for the purposes of an
10 approved project or a purpose specified in
subsection (2).
Division 4--Provision of public land and Council land
Subdivision 1--Surrender or divesting of public land and
Council land
15 134 Surrender or divesting of land of public authorities
and Councils
(1) The Governor in Council on the recommendation
of the Project Minister, by Order published in the
Government Gazette, may--
20 (a) require a public authority or Council in
which land in the project area is vested to
surrender that land to the Crown; or
(b) divest land in the project area from a public
authority or Council.
25 (2) Subsection (1) applies whether or not that land
was vested in the public authority or Council by or
under an Act or by any other means.
(3) Subsection (1) does not apply to land that is
reserved under the Crown Land (Reserves)
30 Act 1978.
(4) A public authority or Council must comply with a
requirement under subsection (1)(a).
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(5) A public authority or Council that receives notice
of a requirement under subsection (1)(a) must
notify the Project Minister of any lease, licence or
other interest in the land that is being divested.
5 (6) The Project Minister must give notice to any
public authority, Council or person affected by an
Order under subsection (1) within 10 business
days after the Order is published.
135 Surrender of interests in unreserved Crown land
10 (1) The Project Minister may recommend to the
Governor in Council that the interests (if any) of a
public authority or a Council in any land in the
project area be surrendered to the Crown on--
(a) receiving a plan of land signed by the
15 Surveyor-General; and
(b) being satisfied that the land shown on the
plan represents land, the interests in which
are to be surrendered to the Crown.
(2) Subsection (1) does not apply to land that is
20 reserved under the Crown Land (Reserves)
Act 1978.
(3) On receiving the Project Minister's
recommendation, the Governor in Council, by
Order published in the Government Gazette, may
25 declare that the interests (if any) in the land shown
on the plan are surrendered to the Crown.
136 Effect of surrender or divesting
(1) This section applies to land on--
(a) the conveyance to the Crown or the
30 registration of an instrument of transfer and
surrender to the Crown of the land that a
public authority or Council is required to
surrender under section 134(1)(a); or
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(b) the publication in the Government Gazette of
an Order under section 134(1)(b) in respect
of the land; or
(c) the publication in the Government Gazette of
5 an Order under section 135 in respect of the
land; or
(d) the publication in the Government Gazette of
an Order under section 162 in respect of the
land.
10 (2) The land is taken to be unalienated land of the
Crown and is freed and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests.
(3) Unless the relevant Order under section 134 or
15 135 expressly excludes the operation of this
subsection, 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
20 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.
25 (4) Unless the relevant Order under section 134
or 135 expressly excludes the operation of this
subsection, 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
30 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.
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(5) The land is taken 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 approved project.
5 (6) This section has effect despite anything to the
contrary in section 175A of the Water Industry
Act 1994, section 10 of, or clause 1 of Schedule 5
to, the Road Management Act 2004 or any other
Act.
10 137 Temporary reservation may be amended or revoked
The reservation of land under section 136(5) may
be amended, revoked and otherwise dealt with in
accordance with the Crown Land (Reserves) Act
1978.
15 Subdivision 2--Removal of reservations on land
138 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.
20 139 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 Project
Minister may recommend to the Governor in
25 Council that the reservation of that land be
revoked in its entirety.
(2) On receiving the Project Minister's
recommendation, the Governor in Council, by
Order published in the Government Gazette, may
30 revoke the following--
(a) any Order in Council reserving the land;
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(b) any Crown grant, certificate of title or folio
of the Register issued or created with respect
to the land.
140 Revocation of reservations--part of reservation
5 (1) If any Crown land permanently or temporarily
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
Project Minister on--
10 (a) receiving a plan of land signed by the
Surveyor-General; and
(b) being satisfied that the land shown on the
plan represents that part of the reservation to
be revoked--
15 may recommend to the Governor in Council that
that part of the reservation be revoked.
(2) On receiving the Project Minister's
recommendation, the Governor in Council, by
Order published in the Government Gazette, may
20 revoke the following--
(a) any Order in Council reserving the land;
(b) any Crown grant, certificate of title or folio
of the Register issued or created with respect
to the land--
25 to the extent that the Order in Council, Crown
grant, certificate of title or folio relates to the land
shown on the plan.
141 Effect of revocation of reservation
(1) This section applies to the following--
30 (a) land referred to in an Order under
section 139, on the publication of that Order
in the Government Gazette;
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(b) land shown on a plan to which an Order
under section 140 applies, on the publication
of that Order in the Government Gazette.
(2) The land is taken to be unalienated land of the
5 Crown and is freed and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests.
(3) Unless the relevant Order under section 139
or 140 expressly excludes the operation of this
10 subsection, 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
or claimed in that part of the land either in
15 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.
(4) Unless the relevant Order under section 139
20 or 140 expressly excludes the operation of this
subsection, 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
25 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 appointment of any committee of
management is revoked in so far as it applies to
30 the land.
(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.
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(7) The land is taken 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 approved project.
5 (8) This section has effect despite anything to the
contrary in section 175A of the Water Industry
Act 1994, section 10 of, or clause 1 of Schedule 5
to, the Road Management Act 2004 or any other
Act.
10 142 Temporary reservation may be amended or revoked
The reservation of land under section 141(7) may
be amended, revoked and otherwise dealt with in
accordance with the Crown Land (Reserves)
Act 1978.
15 Subdivision 3--Notification of reservations
143 Minister to be notified of reservation
The project authority must notify the Minister
administering the Crown Land (Reserves) Act
1978 of the reservation of any land under
20 Subdivision 1 or 2 or Division 6.
Subdivision 4--Declaration of roads
144 Orders may continue or declare roads
(1) An Order made under Subdivision 1 or
Subdivision 2 may specify that any part of the
25 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 continues to be a freeway, an arterial road, a
non-arterial State road or a municipal road.
30 (2) Any land that is specified in an Order in
accordance with subsection (1) continues to be a
freeway, an arterial road, a non-arterial State road
or a municipal road as specified in the Order.
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(3) The Governor in Council, by Order published in
the Government Gazette, may specify that any
project land that was a freeway, an arterial road, a
non-arterial State road or a municipal road
5 immediately before it became reserved project
land is to be taken 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 subsection (3) is, from the date of
10 publication of the Order, taken 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) To avoid doubt, it is declared that this section has
effect in addition to and not in derogation of the
reservation of the land that is taken to be in effect
under this Division.
(6) This section has effect despite anything to the
20 contrary in any other Act.
Subdivision 5--Compensation for surrendered or divested
or reserved land
145 Compensation--surrender, divesting or revocation
of reservation
25 (1) Subject to this Act and the Land Acquisition and
Compensation Act 1986, a person has a claim for
compensation if the person immediately before
the publication of an Order under Subdivision 1
or 2 had a legal or equitable estate or interest in
30 land to which the Order applies.
(2) The Land Acquisition and Compensation Act
1986 (except sections 31 to 36) applies to the
determination of compensation payable under this
section as if the publication of an Order under
35 Subdivision 1 or 2 were a notice of acquisition of
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that estate or interest and the project authority had
acquired that estate or interest.
(3) Section 43 of the Land Acquisition and
Compensation Act 1986 applies to the
5 determination of compensation under this section
as if after section 43(1)(b) there were inserted--
"(ba) any special suitability or adaptability of the
land in which the acquired interest subsists
for a purpose for which it could be used
10 under the Major Transport Projects
Facilitation Act 2009 for the purposes of an
approved project within the meaning of that
Act;".
(4) This section does not apply to--
15 (a) an estate or interest held by a public
authority; or
(b) an estate or interest (other than an interest in
fee simple) held by a Council.
146 Compensation for Councils in certain circumstances
20 (1) This section applies to land that was under the
control of a Council immediately before the
publication of an Order under Subdivision 1 or 2
in relation to that land.
(2) If the Council has--
25 (a) sustained any pecuniary loss; or
(b) incurred any expense--
as a direct, natural and reasonable consequence of
the Order, the Council may claim the amount of
that loss or expense from the project authority.
30 (3) For the purposes of subsection (2), the value of
the land must not be taken into account when
calculating the loss sustained or expense incurred
by the Council.
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(4) A claim under subsection (2) must be made within
2 years after the Order is made.
(5) Section 48 and Parts 10 and 11 of the Land
Acquisition and Compensation Act 1986 apply
5 to a claim under subsection (2) as if it were a
claim under section 47(1) of that Act.
147 Transfer of building or structure as compensation
With the agreement of a Council entitled to
compensation under this Subdivision, a project
10 authority may transfer a building or structure from
project land or from land owned by the project
authority or by the Council to other land owned by
the Council in full or in part settlement of any
compensation that the project authority is liable to
15 pay.
148 Adjoining land may be provided as compensation
(1) If a project authority is liable to pay compensation
to a Council under section 146, the project
authority may require the Council to take land--
20 (a) that adjoins land owned by the Council; and
(b) that is owned by the project 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
25 Council by a project authority under section 146.
(3) If a project 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
30 under section 146.
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Subdivision 6--Other matters
149 No other compensation payable
Except as provided in this Division, no
compensation is payable by the Crown or a
5 project authority in respect of anything done or
arising out of this Division.
150 Effect of reservation of a stratum of Crown land
If a stratum of Crown land becomes project land,
any reservation or other right, title, trust,
10 limitation, reservation, restriction, 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
15 (b) that was revoked or surrendered with respect
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
20 reservation, despite the reservation of that stratum.
Division 5--Entry into possession of certain project land
151 Power to enter into possession
Subject to this Part, a project authority may enter
into possession of project land.
25 152 Project authority must try to obtain agreement
A project authority must diligently endeavour to
obtain agreement with the person in occupation of
project land (the occupier) as to the terms on
which the project authority will enter into
30 possession of the land.
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153 Time for entry into possession--general
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 project authority
5 may enter into possession of the land at any time
after the reservation date after giving 7 days'
notice in writing of its intention to enter into
possession to the occupier of the land.
154 Time for entry into possession--residence or
10 business
(1) Subject to this Division, if project land or part of
project land is used, at the reservation date, by a
person as the principal place of residence or
business of that person, the project authority must
15 not enter into possession of--
(a) the part of the land so used; or
(b) if the whole of the land is so used, that
land--
before the end of 3 months after the reservation
20 date and unless the project authority has given
7 days' notice in writing of its intention to enter
into possession to the occupier of the land.
(2) The occupier is not liable for the payment of rent
in respect of the occupation of that part of the
25 project land that is used as the principal place of
residence or business of the occupier during the
3 month period referred to in subsection (1).
(3) If the occupier ceases of the occupier's own
accord to occupy the project land before
30 the end of the 3 month period referred to in
subsection (1), the entitlement of that person
under this Division to occupy the land without
payment of rent to the project authority also
ceases.
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(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
5 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
10 under section 20E(6) of that Act--
this Division applies as if the 3 month period
referred to in subsection (1) were the remainder of
the period of occupation permitted under the
relevant provision or agreement specified in
15 paragraph (a) or (b) of this subsection.
(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
20 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
25 under section 20E(6) of that Act--
and the period of occupation permitted under the
relevant provision or agreement specified in
paragraph (a) or (b) had ended before the
reservation date, the project authority may enter
30 into possession of the land at any time after the
reservation date after giving 7 days' notice in
writing of its intention to enter into possession to
the occupier of the land.
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155 Early entry of place of residence or business
(1) Section 154 does not apply if--
(a) the Governor in Council certifies that having
regard to--
5 (i) the urgency of the case or any other
exceptional circumstances; and
(ii) the public interest--
it is not practicable for the project authority
to delay entry into possession of the project
10 land until after the end of the 3 month period
referred to in section 154(1); or
(b) the project authority and the occupier have,
with the consent of the Project Minister,
entered into an agreement in relation to the
15 time of entry into possession of the project
land by the project authority; or
(c) the land is underground land that has been
acquired under Division 6 and acquisition of
the land will not disturb the use of the
20 surface of the land.
(2) A certificate under subsection (1)(a) must specify
the date on which the project authority is to take
possession.
(3) The project authority must serve a copy of the
25 certificate under subsection (1)(a) on the occupier.
(4) The occupier whose period of occupation of the
project land was abridged under subsection (1)(a)
is entitled to claim compensation under Division 1
for any loss or damage that is incurred as a direct,
30 natural and reasonable consequence of that
abridgment and for which the person could not
otherwise make a claim under that Division.
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(5) The compensation payable pursuant to
subsection (4) may be paid to--
(a) the person who is entitled to claim the
compensation; or
5 (b) the constituted attorney of that person.
156 Occupation may be extended by agreement
(1) The period of occupation of the project land after
the reservation date (including the 3 month period
referred to in section 154(1)) may be extended by
10 agreement in writing between the project authority
and the occupier of the project land.
(2) An agreement under subsection (1) must provide
for the payment of rent by the occupier of the
relevant land to the project authority.
15 157 Continued occupation without agreement
If a person continues to occupy project land after
the period permitted under section 154 or the
reservation date (as the case may be) and an
agreement has not been entered into under
20 section 156 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
will by the project authority; and
25 (b) is liable to pay to the project authority a fair
market rent in respect of that continued
occupation.
158 Recovery of rent
Any rent payable to a project authority under this
30 Subdivision may be recovered as a debt due to the
project authority in any court of competent
jurisdiction.
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159 Proceedings where refusal to give up possession
(1) If a project authority is entitled under this
Division to enter into possession of project land
and the occupier of the land or any other person--
5 (a) refuses to give up possession of the land; or
(b) hinders the project authority from entering
on and taking possession of the land--
the project 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 onto the land specified in the warrant;
and
(b) deliver possession of the land to the project
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 project 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 and the amount of any
rent owed by that person must be deducted and
retained by the project authority from the
30 compensation (if any) payable under this Part to
that person.
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(6) If no compensation is payable to that person or if
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
5 paid on demand be enforced by a warrant to seize
property.
(7) On application by the project authority, a
magistrate must issue a warrant for the purposes
of subsection (6).
10 160 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.
161 Giving of notices and documents
15 (1) Any notice or other document that a project
authority is required to give to any person under
this Division may be served on that person by any
of the following--
(a) delivering it personally to the person;
20 (b) leaving it at the usual or last known place of
business of the person with a person over the
age of 16 years and apparently residing at
that place or (in the case of a place of
business) apparently in charge of or
25 employed at that place;
(c) sending it by post, addressed to the person at
the usual or last known place of residence or
business of that person;
(d) if the person has given an alternative address
30 to the project authority--sending it by post
to that address.
(2) However, if a project authority does not know the
location of a person on whom the project authority
is required to serve the notice or document, the
35 notice or document may be served--
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(a) by publishing a copy of it in a newspaper
circulating generally throughout Victoria;
and
(b) by affixing it in a prominent place on the
5 land to which it relates.
(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
10 identify the land or interest affected.
Division 6--Acquisition of stratum of land below ground
level
162 Acquisition of stratum of land below ground level
(1) The Governor in Council, by Order published in
15 the Government Gazette, may declare that a
stratum of land below ground level in a project
area is project land (the underground land).
(2) An Order under this section must be made on the
recommendation of the Project Minister.
20 (3) The Governor in Council must not make an Order
under this section unless the Governor in Council
has received appropriate plans that specify the
depth and length of the underground land and
have been--
25 (a) signed by the Surveyor-General; and
(b) lodged at the Central Plan Office.
(4) On the publication of an Order made under
subsection (1), the underground land designated in
the Order is surrendered to, or vests in, the Crown
30 and--
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(a) is taken to be unalienated land of the Crown,
freed and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests; and
5 (b) is taken to be temporarily reserved under
section 4(1) of the Crown Land (Reserves)
Act 1978 for public purposes, being, in
particular, the purposes of an approved
project.
10 (5) The reservation of land under subsection (4)(a)
may be amended, revoked and otherwise dealt
with in accordance with the Crown Land
(Reserves) Act 1978.
163 Compensation--underground land held in fee
15 simple by private persons
(1) This section applies if by operation of section 162
underground land held in fee simple by a person
(other than a public authority or a Council) vests
in the Crown.
20 (2) Subject to this Act and the Land Acquisition and
Compensation Act 1986, every person who
immediately before the publication of an Order
under section 162(1) had a legal or equitable
interest in the land has a claim for compensation.
25 (3) The Land Acquisition and Compensation Act
1986, except sections 31 to 36 and 53, applies to
the determination of compensation.
164 Compensation--underground land surrendered by
or divested from public authority or Council
30 (1) This section applies if by operation of section 162,
underground land that is public land or Council
land is surrendered to or vested in the Crown.
(2) Subdivisions 5 and 6 of Division 4 apply to that
surrender or divestment.
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165 Compensation for denial of access
(1) Subject to subsection (2), a project authority is
liable to pay compensation in accordance with this
section if the effect of an Order made under this
5 Division to declare underground land is that
existing access to any land is denied.
(2) Compensation is not payable under this section for
the denial of access if--
(a) there is adequate existing alternative access
10 to the land; or
(b) the project authority provides, or agrees to
provide, adequate alternative access to the
land; or
(c) the project authority has begun compulsory
15 acquisition procedures under the Land
Acquisition and Compensation Act 1986
for the land to which access is denied; or
(d) a claim for compensation is not served on the
project authority within one year of the
20 making of the Order under this Division.
Division 7--Management of land for project
Subdivision 1--General powers of project authority
166 Project authority appointed committee of
management
25 (1) A project authority is taken to be the committee of
management under the Crown Land (Reserves)
Act 1978 of project land.
(2) The provisions of sections 15(2), 15(3), 15(4),
15(7) and 15(9) of the Crown Land (Reserves)
30 Act 1978 do not apply to a project authority as
committee of management.
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(3) In addition to the powers conferred on committees
of management under the Crown Land
(Reserves) Act 1978, a project authority as
committee of management has all the powers
5 necessary to give effect to this Act.
167 Project authority may carry out or authorise works
on public land
(1) A project authority may carry out or authorise any
person to carry out works on public land outside
10 the project area for the purposes of an approved
project.
(2) A project authority must notify any Minister,
public authority or Council that owns or is
responsible for the management of public land
15 before carrying out or authorising the carrying out
of works on that land.
(3) A project authority must not carry out or authorise
the carrying out of works on reserved Crown land
unless--
20 (a) the works are not inconsistent with the
reservation of the land; or
(b) the land is the subject of a licence or tenancy
agreement under section 17B of the Crown
Land (Reserves) Act (as modified by this
25 Act to apply to approved projects).
(4) An authorisation under this section may be given
subject to any conditions that are not inconsistent
with the purposes of the approved project.
(5) An authorisation that is inconsistent with the
30 purposes of the approved project is invalid only to
the extent of the inconsistency.
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168 Application of Crown Land (Reserves) Act 1978
If a project authority carries out or authorises a
person to carry out works on public land under
section 167, the Project Minister may exercise the
5 powers under section 17B of the Crown Land
(Reserves) Act 1978 as if the Project Minister
were the Minister and the project authority were
the Secretary.
169 Project authority liable to pay compensation
10 (1) A project authority is liable to compensate any
person who has--
(a) sustained any pecuniary loss; or
(b) incurred any expense--
as a direct, natural and reasonable consequence of
15 the entry onto or occupation of or the carrying out
of works on public land under section 167 by or
on behalf of the project authority.
(2) Any claim for compensation must be made and
dealt with in accordance with the Land
20 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 this
section.
170 Temporary access to Crown land
25 (1) A project authority may use or authorise the use of
any Crown land for the purposes of an approved
project.
(2) A project authority must not use or authorise the
use of reserved Crown land under this section
30 unless--
(a) the use is not inconsistent with the
reservation of the land; or
(b) the reservation is revoked.
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(3) An authorisation under this section may be given
subject to any conditions that are not inconsistent
with the purposes of the approved project.
(4) An authorisation that is inconsistent with the
5 purposes of an approved project is invalid only to
the extent of the inconsistency.
171 Powers in relation to easements
Without limiting any other power of a project
authority under this Act, if an easement is
10 acquired under this Part, the project authority may
carry out or authorise any other person to carry
out any works on the land in that easement.
Subdivision 2--Licences
172 Application
15 This Subdivision 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.
173 Project authority may issue licence for purposes of
20 approved project
The project authority, on behalf of the Crown,
may issue a licence to any person to enter on and
use the whole or part of any project land that is
Crown land for the purposes of an approved
25 project.
174 Term of licence
The period for which a licence is issued must not
exceed the period of the approved project.
175 Conditions of licence
30 (1) A licence may be issued subject to any conditions
that are not inconsistent with the purposes of an
approved project.
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(2) A licence that is inconsistent with the purposes of
an approved project is invalid only to the extent of
the inconsistency.
Subdivision 3--Leases
5 176 Application
This Subdivision 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.
10 177 Leasing powers
The Project Minister, on behalf of the Crown, may
grant a lease of any part of the project land that is
Crown land for the purposes of an approved
project.
15 178 Term of lease over project land that is Crown land
The term of a lease over project land that is
Crown land must be in accordance with the
purposes of an approved project and must not be
for a period of greater than 65 years.
20 179 Conditions of lease
(1) A lease over project land that is Crown land may
be granted subject to any conditions that are not
inconsistent with the purposes of an approved
project.
25 (2) A lease over project land that is Crown land that is
inconsistent with the purposes of an approved
project is invalid only to the extent of the
inconsistency.
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Subdivision 4--Other land powers
180 Surplus land
(1) A Project Minister may determine that certain
project land is not required for an approved
5 project and is surplus land.
(2) The Project Minister must publish a copy of a
determination under this section in the
Government Gazette.
(3) This section does not apply to leased land or
10 licensed land.
181 Disposition of surplus land--Crown
(1) The Project Minister, after consulting with the
Minister administering section 12 of the Land Act
1958, on behalf of the Crown, may sell, lease or
15 licence surplus land that is Crown land.
(2) The proceeds of the sale of Crown land under this
section, less any costs incurred by the project
authority in selling the land, must be paid into the
Consolidated Fund.
20 (3) This section applies despite anything in the Land
Act 1958.
182 Removal of reservation of Crown land that is
surplus land for sale
(1) Before selling any Crown land under section 181,
25 the Project Minister on--
(a) receiving a plan of land signed by the
Surveyor-General; and
(b) being satisfied that the land shown on the
plan represents that part of the reservation to
30 be revoked--
must recommend to the Governor in Council that
the part of the reservation relating to the Crown
land that is intended to be sold be revoked.
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(2) On receiving the Project Minister's
recommendation, the Governor in Council, by
Order published in the Government Gazette, may
revoke the following--
5 (a) any Order in Council reserving the land;
(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
10 grant, certificate of title or folio relates to the land
shown on the plan.
183 Reservation of surplus land--Crown
(1) The Project Minister may recommend to the
Governor in Council that an Order be made under
15 this section in respect of all or part of any surplus
land that is Crown land.
(2) On the recommendation of the Minister under
subsection (1), the Governor in Council, by Order
published in the Government Gazette, may reserve
20 the relevant surplus land.
(3) An Order published under this section must state
the purpose for which the land that is the subject
of the Order is reserved.
(4) On the publication of an Order under this section
25 in respect of surplus land that is Crown land--
(a) subject to paragraph (d), that land is taken to
be unalienated land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
30 estates and interests; and
(b) the appointment of any committee of
management of that land is revoked to the
extent that it relates to that land; and
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(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land; and
5 (d) that land is taken to be temporarily reserved
under section 4(1) of the Crown Land
(Reserves) Act 1978 for the purpose stated
in the Order.
184 Project authority may enter into agreements for
10 surplus land
(1) A project authority alone or jointly with any other
person may enter into an agreement with another
person (the purchaser) concerning the use or
development of any surplus land--
15 (a) on disposing of the whole of its interest in
the land to the purchaser; or
(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
20 Environment Act 1987 applies to an agreement
under subsection (1) as if--
(a) that agreement were an agreement under that
Division; and
(b) that Division referred to the project authority
25 instead of the responsible authority for the
planning scheme; and
(c) section 174(2)(c) were omitted; and
(d) sections 177(2), 178 and 179(1) referred to a
Project Minister under this Act instead of the
30 Minister.
185 Disposition of surplus land--fee simple land
A project authority may sell, lease or licence any
surplus land that it holds in fee simple.
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Division 8--Road management
Subdivision 1--Powers in relation to roads
186 Powers relating to roads
(1) A project authority, for the purposes of an
5 approved project, may--
(a) open, discontinue, construct, relocate or
realign any road; and
(b) close any road to traffic.
(2) Without limiting subsection (1), a project
10 authority may--
(a) carry out improvements to roads in the
project area; and
(b) construct roads over or under any road
constructed or to be constructed in the
15 project area; and
(c) construct any road in the project area over or
under other roads; and
(d) cause fences, posts or other structures to be
erected along any road constructed or to be
20 constructed in the project area or along or
across any entrance, approach or means of
access to any road constructed or to be
constructed in the project area.
(3) The Governor in Council, by Order published in
25 the Government Gazette, may provide for any
vesting or divesting of lands necessary because of
the exercise of any powers under subsection (1)
or (2).
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187 Project authority to advise coordinating road
authority before exercising power
A project authority must advise the relevant
coordinating road authority before exercising any
5 power under section 186.
188 Exercise of powers by coordinating road authority
A coordinating road authority must not exercise
its powers in a manner that is inconsistent with the
purposes of an approved project or with the
10 exercise by the project authority of its powers
under section 186.
189 Effect of decision about road
(1) A decision under section 186 to open, discontinue,
construct, relocate or realign a road has no effect
15 until the project authority causes notice of it to be
published in--
(a) the Government Gazette; and
(b) in a newspaper circulating generally
throughout the area affected by the decision.
20 (2) On the publication under subsection (1) of a
decision discontinuing, realigning or relocating a
road--
(a) the land over which the discontinued,
realigned or relocated road ran ceases to be a
25 road; and
(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
30 or supposed dedication or by user or
operation of law or otherwise, cease; and
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(c) the land is taken to be unalienated land of the
Crown freed and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests; and
5 (d) if the decision provides for the land to be
reserved for the purposes of an approved
project, the land is taken to be temporarily
reserved under section 4(1) of the Crown
Land (Reserves) Act 1978 for public
10 purposes, being, in particular, the purposes
of the approved project.
(3) The reservation under subsection (2)(d) may be
amended, revoked and otherwise dealt with in
accordance with the Crown Land (Reserves)
15 Act 1978.
(4) This section applies despite anything to the
contrary in section 10 of the Road Management
Act 2004 or any other Act.
190 Temporary closure of roads to traffic
20 For the purposes of an approved project, a project
authority may temporarily close a road to traffic if
the project authority considers it necessary to do
so in order that works on the road or neighbouring
land can be carried out.
25 191 Compensation for denial of access
(1) Subject to subsection (2), a project authority is
liable to pay compensation in accordance with this
section if the effect of a decision made under this
Subdivision to discontinue, realign or relocate a
30 road is that existing access to any land is denied.
(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
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(b) the project authority provides, or agrees to
provide, adequate alternative access to the
land; or
(c) a claim for compensation is not served on the
5 project authority within one year of the
making of the decision under this
Subdivision.
(3) For the purposes of determining whether
alternative access to the land is adequate, no
10 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
15 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
20 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 Subdivision.
25 192 Compensation for affected utilities
A project authority is liable to pay compensation
in accordance with this section to a utility that has
been adversely affected by a decision made under
this Subdivision to discontinue, realign or relocate
30 a road.
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Subdivision 2--Road declaration powers
193 Declaration of roads
(1) The Project Minister may from time to time
declare to be a road any part of any land that is
5 within the project area.
(2) A declaration under subsection (1) must state
whether the road or any part of the road is to be
treated as--
(a) a freeway; or
10 (b) an arterial road; or
(c) a non-arterial State road; or
(d) a municipal road.
(3) The Project Minister must cause a notice of a
declaration under subsection (1) to be published in
15 the Government Gazette.
(4) On the publication of a notice of a declaration
under subsection (1), the road specified in the
declaration is taken to be--
(a) declared under section 14 of the Road
20 Management Act 2004 to be a freeway, an
arterial road, a non-arterial State road or a
municipal road as specified in the notice; and
(b) a road open to and for use by the public for
passage with vehicles; and
25 (c) a highway within the meaning of the Road
Safety Act 1986.
194 Power to revoke declaration
(1) The Project Minister, by Order published in the
Government Gazette, may revoke--
30 (a) a declaration (in whole or in part) under
section 193; or
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(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 in the project area.
5 (2) On the publication of an Order under
subsection (1), the road (or the relevant part of the
road) ceases to be a freeway, arterial road, non-
arterial State road or municipal road.
195 Road authority may not declare roads in project
10 area if not the project authority
(1) This section applies to an approved project for
which a road authority within the meaning of the
Road Management Act 2004 is not the project
authority.
15 (2) Despite anything to the contrary in the Road
Management Act 2004, a road authority that is
not the project authority must not make a
declaration or revoke a declaration under
section 14 of that Act in respect of any road in the
20 project area.
(3) Nothing in this section affects the status of any
freeway, arterial road or non-arterial State road
existing on land before that land became part of
the project area.
25 Division 9--Restricted access areas
196 Restricted access areas
(1) A project authority may establish or cause to be
established as a restricted access area a project
area or land occupied for the purposes of an
30 approved project under section 75 of the Land
Acquisition and Compensation Act 1986, or any
part of the project area or land, by any of the
following--
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(a) the use of fencing, barriers or other
permanent or temporary means of physical
demarcation;
(b) erecting signs or causing signs to be erected
5 on or in close proximity to the area stating
that the area is a restricted access area and
the restrictions (if any) which apply in
relation to that area.
(2) As soon as practicable after establishing a
10 restricted access area under subsection (1), a
project authority must cause a notice of the
establishment of the restricted access area to be
published in the Government Gazette.
197 Appointment of authorised officers
15 (1) The Project Minister, after consultation with the
project authority, may appoint a person to be an
authorised officer if--
(a) the person is an employee of the Crown or a
public sector body; and
20 (b) the project authority considers that the
person has the necessary competence,
training or expertise to perform or exercise a
function or power under this Division.
(2) An appointment under subsection (1)--
25 (a) must be in writing; and
(b) must specify the terms and conditions on
which the person is appointed; and
(c) must specify the restricted access area, or a
part of the restricted access area, in which
30 the person may exercise powers, functions or
duties as an authorised officer.
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198 Identification of authorised officers
(1) A project authority must issue to each person
appointed as an authorised officer an identity card
that--
5 (a) contains a photograph of the person; and
(b) states the full name of the person to whom it
is issued; and
(c) states that the person is an authorised officer
for the purposes of this Division.
10 (2) An authorised officer must produce his or her
identity card for inspection at any time during the
exercise of a power under this Act, if asked to do
so.
(3) If a person appointed to be an authorised officer
15 proposes to exercise the functions of an authorised
officer and fails to produce on demand his or her
identity card, the person is not authorised to
exercise those functions in relation to the person
making the demand.
20 (4) In any proceedings under this Act, an identity card
purporting to be issued to a person by a project
authority under this Division is evidence of the
appointment of that person as an authorised
officer.
25 199 Project authority may authorise persons to be in
restricted access areas
(1) A project authority may authorise a class of
person or classes of persons to enter and remain in
any part of a restricted access area for any of the
30 following purposes--
(a) the preparation or conduct of activities for
the purposes of an approved project;
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(b) the carrying out of any activity associated
with or ancillary to the matters specified in
paragraph (a).
(2) An authorisation under subsection (1) must be
5 made by declaration or by issuing a certificate in
writing.
(3) A certificate or declaration under this section--
(a) must specify the class of person or classes of
persons to whom the authorisation applies;
10 and
(b) must specify the terms and conditions
(if any) to which the authorisation is subject;
and
(c) subject to paragraph (d), may specify--
15 (i) the period during which the
authorisation applies; and
(ii) the area to which the authorisation
applies; and
(d) may be of general or limited application; and
20 (e) may differ according to differences in time,
place or circumstance.
(4) A certificate or declaration under this section must
be published in the Government Gazette.
200 Project authority may warn people to leave
25 restricted access area
(1) A project authority may warn any person (other
than the owner of the land or a person authorised
in writing by the owner) to leave any part of a
restricted access area under this Division for the
30 purposes of an approved project.
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(2) For the purposes of section 9(1) of the Summary
Offences Act 1966, the project authority is taken
to be the occupier of the land concerned in
exercising a power under subsection (1).
5 201 Warning people to leave restricted access area
(1) A project authority, a member of the police force
or an authorised officer may warn any person who
is not authorised under section 199 to be in a
restricted access area, or otherwise authorised
10 under this Act to be in that area, to leave any part
of the restricted access area.
(2) For the purposes of section 9(1) of the Summary
Offences Act 1966, the project authority is taken
to be the occupier of the land concerned in
15 exercising a power under subsection (1).
202 Direction not to enter restricted access area
A member of the police force or an authorised
officer may direct any person who is not
authorised under section 199 to be in a restricted
20 access area, or otherwise authorised under this Act
to be in that area, not to enter the restricted access
area.
203 Offence to enter any part of restricted access area
(1) A person must not enter into or remain in any part
25 of a restricted access area unless--
(a) the person has a certificate of authorisation
issued under section 199; or
(b) there is a declaration under section 199 that
applies to the person; or
30 (c) the person is otherwise authorised under this
Act; or
(d) the person is--
(i) a member of the police force; or
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(ii) an employee in the public service
within the meaning of the Public
Administration Act 2004; or
(iii) an officer or employee of a public
5 sector body--
acting in the performance of his or her
duties; or
(e) the person is the owner of that land or a
person authorised in writing by the owner.
10 Penalty: 10 penalty units.
(2) A person does not commit an offence under
subsection (1) if the person has a reasonable
excuse for entering into or remaining in the
restricted access area.
15 204 Offence not to produce certificate on demand
(1) A person who is in a restricted access area, when
asked to do so by a member of the police force or
an authorised officer, must--
(a) produce a certificate of authorisation issued
20 under section 199 or other evidence of that
person's authority to be in that area; or
(b) give his or her name and address.
Penalty: 5 penalty units.
(2) A member of the police force or an authorised
25 officer must--
(a) produce proof of his or her identity and
official status before exercising a power
under subsection (1) unless, in the case of a
member of the police force, the member is in
30 uniform; and
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(b) inform the person that--
(i) the authorised officer or member of the
police force (as the case requires) is
empowered under subsection (1) to ask
5 the person to produce evidence of that
person's authority to enter or remain in
the restricted access area or to ask the
person to give that person's name and
address; and
10 (ii) it is an offence to fail to comply with
the requirements of subsection (1); and
(c) make all reasonable attempts to ensure that
the person understands the requirement made
under subsection (1).
15 (3) It is not an offence for a person to fail to comply
with subsection (1) if the authorised officer or
member of the police force (as the case requires)
did not comply with subsection (2).
205 Offence to hinder or obstruct authorised officer
20 A person must not, without reasonable excuse,
hinder or obstruct an authorised officer who is
exercising a power under this Division.
Penalty: 10 penalty units.
206 Evidence as to area being marked off
25 In any proceedings under this Act, a certificate,
signed on behalf of the project authority,
certifying that an area was a restricted access area
is evidence of the facts stated in the certificate.
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Division 10--Other matters
207 Cultural and Recreational Lands Act 1963
Section 3 of the Cultural and Recreational
Lands Act 1963 does not apply to the compulsory
5 acquisition of land under this Part.
__________________
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PART 7--INTERFACE WITH UTILITIES
Division 1--Interpretation
208 Definitions
In this Part--
5 approved utility agreement means a utility
agreement that is taken to arise by operation
of section 226(4);
dispute means a dispute arising from an attempt to
negotiate a utility agreement;
10 expert means a person appointed under an
instrument of appointment under section 219
or 220;
model utility agreement guidelines means
guidelines prepared under section 231;
15 negotiation period means the period of time
specified in section 214;
notification period means the period commencing
on the day a notice under section 211 is
given to a utility and ending 30 business
20 days after that day;
notified utility infrastructure means utility
infrastructure in relation to which a project
authority has been given the information
required under a notice under section 211 by
25 the utility that owns, operates or controls the
utility infrastructure;
parties means a project authority that has
complied with section 211 and a utility that
has complied with a notice under
30 section 212;
unnotified utility infrastructure has the meaning
given by section 209;
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utility agreement has the meaning given by
section 210;
Utility Minister in relation to a utility, means the
Minister for the time being administering the
5 Act--
(a) under which the utility is authorised to
provide a service by means of utility
infrastructure; or
(b) that regulates the provision by the
10 utility of a service by means of utility
infrastructure.
209 Meaning of unnotified utility infrastructure
For the purposes of this Part, unnotified utility
infrastructure is utility infrastructure that a
15 project authority--
(a) does not know the location of because--
(i) the project authority has not, after
taking all reasonable steps, identified
and given the utility that owns, operates
20 or controls that utility infrastructure a
notice under section 211; or
(ii) the utility that owns, operates or
controls that utility infrastructure has
not complied with section 212; or
25 (b) knows of but that was incorrectly described,
or the location of which was incorrectly
given, by the utility that owns, operates or
controls that utility infrastructure in
purported compliance with a notice under
30 section 211.
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210 Meaning of utility agreement
(1) For the purposes of this Part, a utility agreement
is an agreement governing the rights and
obligations of a project authority and a utility in
5 relation to--
(a) the location of utility infrastructure owned,
operated or controlled by the utility within a
project area; or
(b) works for the development of the approved
10 project that affects or may affect utility
infrastructure owned, operated or controlled
by the utility located within a project area--
as amended from time to time.
(2) Without limiting the matters that a utility
15 agreement may provide for, a utility agreement--
(a) must provide for the respective rights and
obligations of the utility and the project
authority in the case where utility
infrastructure located within the project area
20 may need to be relocated or protected in
order for works for the development of the
approved project to be carried out;
(b) may provide for the respective rights and
obligations of the utility and the project
25 authority in relation to unnotified utility
infrastructure located within a project area in
cases where--
(i) the project authority discovers the
unnotified utility infrastructure while
30 carrying out works for the development
of the approved project; or
(ii) the project authority causes damage to
the unnotified utility infrastructure
while carrying out works for the
35 development of the approved project.
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Division 2--Utility infrastructure notification and
identification
211 Notification of proposed works for the development
of the approved project
5 (1) Before commencing works for the development of
the approved project in the project area, a project
authority must take all reasonable steps to identify
and give a notice that complies with this section of
the proposed works for the development of the
10 approved project to every utility.
(2) A notice under subsection (1) must state--
(a) that the utility has 30 business days after
receipt of the notice to notify, in writing, the
project authority--
15 (i) as to whether the utility owns, operates
or controls utility infrastructure within
the project area or in the vicinity of the
project area; and
(ii) if the utility does so--
20 (A) the nature and location of the
utility infrastructure; and
(B) whether or not the utility is of the
view that the utility infrastructure
will be affected by the proposed
25 works for the development of the
approved project and how the
utility infrastructure will be
affected; and
(b) if the utility does not comply with the notice
30 within the notification period, any utility
infrastructure owned, operated or controlled
by the utility located within the project area
will be taken to be unnotified utility
infrastructure for the purposes of the Part.
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(3) A notice under subsection (1) must also be
published in the Government Gazette.
212 Utility must comply with notice
(1) A utility that receives a notice under section 211
5 must comply with the notice within 30 business
days after receiving the notice.
(2) For the purpose of complying with a notice under
section 211, a utility may provide the following
information on the location of utility
10 infrastructure--
(a) plans that show the location of the
infrastructure within an area of 3 square
metres or less; or
(b) plans that show 2 or more known locations
15 of the utility infrastructure, such that the
project authority is able to ascertain the
precise location of the infrastructure.
Division 3--Negotiation of utility agreements
213 Negotiation trigger notice
20 A project authority, or a utility that has complied
with a notice under section 211, may, at any time
after the end of the notification period, give
written notice to the other party of an intention to
commence negotiations with the other party for
25 the purpose of entering into a utility agreement
with that party.
214 Reasonable endeavours must be used to negotiate
utility agreement during negotiation period
The parties must use all reasonable endeavours to
30 negotiate a utility agreement within 50 business
days after the giving of a notice under
section 211(1) (the negotiation period).
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215 Ministers to be notified if no agreement is reached
If the parties have not entered into a utility
agreement within the negotiation period, the
project authority must give written notice of the
5 parties' failure to enter into a utility agreement
to--
(a) the Project Minister; and
(b) the Utility Minister for that utility.
Division 4--Dispute resolution if there is no agreement
10 216 Project authority or utility can commence dispute
resolution procedure after end of negotiation period
If the parties have not entered into a utility
agreement within the negotiation period, either of
the parties may give written notice to the other
15 party that a dispute exists to which this Division
applies.
217 Parties must use reasonable endeavours to agree to
expert for the purposes of dispute
The parties must use all reasonable endeavours to
20 agree on the person to be appointed by the Project
Minister under section 219.
218 Notification of Project Minister
(1) If, within 5 business days after the giving of a
notice under section 216, the parties have agreed
25 on a person to be appointed by the Project
Minister under section 219, the parties must
notify, in writing, the Project Minister of that
outcome and the name of the person.
(2) If, within 5 business days after the giving of a
30 notice under section 216, the parties have not
agreed on a person to be appointed by the Project
Minister under section 219, the parties must
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notify, in writing, the Project Minister of that
outcome.
219 Project Minister must appoint expert agreed to by
parties
5 (1) On receipt of a notice under section 218(1), the
Project Minister, by instrument, must appoint the
person named in that notice as the expert.
(2) The Project Minister must--
(a) make the appointment within 5 business days
10 after receipt of a notice under section 218(1);
and
(b) notify, in writing, the parties of the
appointment.
220 Project Minister must choose expert where there is
15 no agreement by the parties as to the expert
(1) On receipt of a notice under section 218(2), the
Project Minister, by instrument, must appoint a
person as the expert in accordance with this
section.
20 (2) The person appointed under subsection (1) must--
(a) have either of the following--
(i) at least 8 years experience working in
the construction industry;
(ii) at least 8 years experience in working
25 for utilities; and
(b) have at least 5 years experience as an
arbitrator or mediator; and
(c) be of reputable character; and
(d) be available to hear the dispute during the
30 period of time within which the dispute must
be resolved.
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(3) The Project Minister must--
(a) make an appointment within 5 business days
after receipt of a notice under section 218(2);
and
5 (b) notify, in writing, the parties of the
appointment.
221 Fees of, and costs incurred by, expert
An expert appointed under an instrument of
appointment under section 219(1) or 220(1) is
10 entitled to be paid--
(a) fees and allowances, as determined in the
instrument of appointment; and
(b) reasonable costs (including legal costs)
incurred by the expert for the purpose of
15 making a determination under section 226.
222 Immunity for expert
(1) The expert is not personally liable for anything
done or omitted to be done in good faith--
(a) in the exercise of a power or the discharge of
20 a duty under this Act or the regulations; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the discharge of a duty under this Act or the
regulations.
25 (2) Any liability resulting from an act or omission
that would, but for subsection (1), attach to the
expert attaches instead to the Crown.
223 Expert to commence dispute resolution within
5 business days after appointment
30 Within 5 business days after his or her
appointment, the expert must commence the
process under this Division for the resolution of
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the dispute by giving written notice of that
commencement to the parties.
224 Determination of procedure by expert
(1) The expert, within 5 business days after giving
5 written notice under section 223, must--
(a) subject to this Division, determine the
procedure he or she will apply for the
resolution of the dispute; and
(b) notify, in writing, the parties of that
10 procedure.
(2) Unless otherwise directed in writing by the
expert--
(a) submissions by the parties to the expert must
be in writing; and
15 (b) the parties must provide a draft utility
agreement (whether as part of a written
submission or otherwise) that identifies the
matters in relation to which the parties do not
agree.
20 225 Parties may make submissions
A party may make a submission in relation to the
dispute to the expert, in accordance with the
procedure determined by the expert, within
30 business days after being notified of the
25 procedure under section 224(1)(b).
226 Determination of expert resolving dispute
(1) The expert must make a determination to resolve
the dispute with 15 business days after the receipt
of all of the submissions of the parties.
30 (2) A determination under subsection (1) must--
(a) set out the reasons of the expert; and
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(b) determine the terms and conditions for a
utility agreement; and
(c) be given to the parties.
(3) In determining the terms and conditions for a
5 utility agreement, the expert must have regard to
the model utility agreement guidelines.
(4) An approved utility agreement is taken to arise
between the parties in accordance with the expert's
determination.
10 227 Termination of approved utility agreement
An approved utility agreement taken to have
arisen under section 226(4) may not be terminated
or revoked unless agreed by both parties or as
expressly provided for in the agreement.
15 228 Expert may engage legal and other assistance
The expert may engage lawyers and other persons
that the expert considers necessary to assist the
expert for the purpose of making a determination
under section 226.
20 229 Parties are liable to Project Minister for expert's
costs paid by the Minister
(1) The parties are liable to the Project Minister for
the expert's costs as provided in a determination
under this section and the Project Minister may
25 recover those costs from the parties in a court of
competent jurisdiction.
(2) The expert may make a determination as to the
apportionment of liability between the parties for
the payment of the expert's costs under
30 subsection (1).
(3) A determination under subsection (2) must be fair
and reasonable.
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(4) In determining what is fair and reasonable for the
purpose of subsection (3), the expert may have
regard to--
(a) whether a party used all reasonable
5 endeavours to negotiate a utility agreement
in the period referred to in section 214;
(b) the reasonableness of the submissions of a
party, having regard to the nature of the
dispute.
10 (5) Subsection (4) does not limit what may be had
regard to in determining what is fair and
reasonable for the purpose of subsection (3).
(6) A determination under subsection (2) must--
(a) set out the reasons of the expert; and
15 (b) be given to the Project Minister and the
parties.
(7) In this section--
expert's costs means the fees, allowances and
costs referred to in section 221.
20 230 Appeal to Supreme Court from a determination of
expert
(1) A party to the dispute may appeal to the Supreme
Court, on a question of law, from a determination
of the expert under section 226.
25 (2) An appeal must be instituted--
(a) within 10 business days after a determination
of the expert under section 226; and
(b) in accordance with the rules of the Supreme
Court.
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231 Model utility agreement guidelines
(1) The Project Minister must prepare guidelines in
relation to the form and content of an approved
utility agreement.
5 (2) Without limiting subsection (1), model utility
agreement guidelines must include a draft
agreement that provides a range of differing and
alternative terms and conditions in relation to--
(a) the costs of any relocation, protection or
10 rectification of utility infrastructure; and
(b) the timing of any necessary works; and
(c) risk allocation between the parties; and
(d) standards at which necessary works are to be
carried out; and
15 (e) means by which disruption to services
provided by means of the utility
infrastructure will be minimised; and
(f) the final certification of the works.
(3) Model utility agreement guidelines must be
20 published by the Project Minister in the
Government Gazette.
(4) Model utility agreement guidelines take effect--
(a) on the day that they are published in the
Government Gazette; or
25 (b) if the guidelines specify a later day, on that
day.
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Part 7--Interface with Utilities
s. 232
Division 5--Unnotified utility infrastructure
232 Notification in relation to unnotified utility
infrastructure
(1) This section applies if a project authority, during
5 the carrying out of work for the development of
the approved project, discovers within the project
area--
(a) unnotified utility infrastructure of the kind
described in section 209(a); or
10 (b) unnotified utility infrastructure of the kind
described in section 209(b) and there is no
utility agreement, or approved utility
agreement, in force that governs the rights
and liabilities of the project authority and the
15 utility that owns, operates or controls that
infrastructure in cases where such
infrastructure is discovered during the
carrying out of works for the development of
the approved project.
20 (2) In the case referred to in subsection (1)(a), the
project authority must give written notice to all
utilities in accordance with this section.
(3) In the case referred to in subsection (1)(b), the
project authority must give written notice to the
25 utility that owns, operates or controls the utility
infrastructure.
(4) A notice under subsection (2) or (3) must--
(a) identify and describe the utility
infrastructure; and
30 (b) specify the location of the utility
infrastructure; and
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Part 7--Interface with Utilities
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(c) state that--
(i) the project authority intends to remove,
relocate or protect the infrastructure (as
the case requires); and
5 (ii) the utility that owns, operates or
controls the utility infrastructure has
5 business days within which to--
(A) agree to the project authority to
carry out works to remove,
10 relocate or protect the
infrastructure; or
(B) carry out the works itself to
remove, relocate or protect the
infrastructure; and
15 (d) state that if the utility does not agree as to the
works to be carried out, or does not itself
carry out the works, to remove, relocate or
protect the infrastructure, the utility is liable
to the project authority for the costs referred
20 to in section 233(8).
233 Removal, relocation or protection of unnotified
utility infrastructure
(1) This section applies if--
(a) a project authority does not receive any
25 information from a utility as required under a
notice under section 232(2) or (3); or
(b) the project authority and the utility that
owns, operates or controls the utility
infrastructure to which a notice under
30 section 232(2) or (3) has been given, have
not, within 5 business days after the giving
of the relevant notice, agreed as to the works
to be carried out to, as the case requires,
remove, relocate or protect the infrastructure;
35 or
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(c) the utility that owns, operates or controls the
utility infrastructure to which a notice under
section 232(2) or (3) has been given, has not,
within 5 business days after agreeing with
5 the project authority as to the works to be
carried out, carried out the agreed works.
(2) In the case referred to in subsection (1)(a), the
project authority may--
(a) in the case of utility infrastructure that is
10 redundant--remove the infrastructure;
(b) in all other cases--
(i) relocate the infrastructure; or
(ii) carry out works to protect the
infrastructure.
15 (3) In a case referred in subsection (1)(b) or (c), the
project authority--
(a) must give the utility a reasonable estimate of
the costs that the project authority will incur
each day the authority cannot develop the
20 approved project because the utility has not
agreed to the works to be carried out or has
not carried out the agreed works (as the case
may be); and
(b) may, with the consent of the utility--
25 (i) in the case of utility infrastructure that
is redundant--remove the
infrastructure;
(ii) in all other cases--either relocate the
infrastructure or carry out works to
30 protect the infrastructure.
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Part 7--Interface with Utilities
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(4) The project authority must carry out an activity
referred to in subsection (2) or (3) to a standard
that results in the utility infrastructure having--
(a) the same or a similar technical capability
5 after the carrying out of that activity; and
(b) at least the same remaining operating life as
it had before the carrying out of an activity
referred to in subsection (2) or (3).
(5) The project authority is liable to the utility for all
10 direct costs incurred by the utility as a result of the
carrying out of an activity referred to in
subsection (2) or (3)--
(a) that are fair and reasonable; and
(b) on the basis that the utility makes all
15 reasonable efforts to mitigate its loss.
(6) However, the project authority is not liable for any
loss or damage suffered by the utility as a result of
the carrying out of an activity referred to in
subsection (2) or (3) that--
20 (a) causes an interruption to any service
provided by the utility by means of the utility
infrastructure; or
(b) prevents the utility from being able to
provide a service by means of the utility
25 infrastructure.
(7) The project authority is not liable to any other
person for any loss or damage that the person
suffers as a result of the carrying out of an activity
referred to in subsection (2) or (3) that--
30 (a) causes an interruption to any service
provided by a utility by means of the utility
infrastructure; or
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Part 7--Interface with Utilities
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(b) prevents a utility from being able to provide
a service by means of the utility
infrastructure.
(8) The utility is liable to the project authority for all
5 costs incurred by the project authority as a result
of a delay in the carrying out of works for the
development of the approved project in order to
remove, relocate or protect the utility
infrastructure--
10 (a) that are fair and reasonable; and
(b) on the basis that the project authority makes
all reasonable efforts to mitigate its loss.
234 Damage to unnotified utility infrastructure
(1) This section applies if a project authority causes
15 damage to unnotified utility infrastructure during
the course of carrying out works for the
development of the approved project (the
damaged infrastructure).
(2) If the project authority cannot identify the utility
20 that owns, operates or controls the damaged
infrastructure, the project authority must notify all
utilities as soon as possible of the damage.
(3) If the project authority has identified the utility
that owns, operates or controls the damaged
25 infrastructure, the project authority must notify the
utility as soon as possible of the damage.
(4) The project authority--
(a) must repair the damage caused to the utility
infrastructure by the carrying out of the
30 works; and
(b) may protect, relocate or remove the utility
infrastructure.
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(5) The project authority is liable to the utility for all
direct losses suffered by the utility as a result of
the damage caused to the utility infrastructure by
the carrying out of the work.
5 (6) The project authority is not liable to any other
person for any loss or damage that the person
suffers as a result of the carrying out of works for
the development of the approved project that
damages the utility infrastructure and--
10 (a) causes an interruption to any service
provided by the utility by means of the
infrastructure; or
(b) prevents the utility from being able to
provide a service by means of the
15 infrastructure.
(7) The utility is liable to the project authority for all
costs incurred by the project authority as a result
of a delay in the carrying out of works in order to
repair, protect, relocate or remove the damaged
20 infrastructure--
(a) that are fair and reasonable; and
(b) on the basis that the project authority makes
all reasonable efforts to mitigate its loss.
(8) If the damage results in an emergency situation--
25 (a) the project authority must take all steps that
are reasonable in the circumstances to end
the emergency; and
(b) the utility is be liable for the costs incurred
by the project authority in taking those
30 reasonable steps.
__________________
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Part 8--Assessment Committees
s. 235
PART 8--ASSESSMENT COMMITTEES
Division 1--Establishment of assessment committees
235 Establishment of assessment committees
The Planning Minister, by written instrument,
5 may establish one or more assessment committees
for the purpose of--
(a) assessing comprehensive impact statements
in accordance with Part 3; and
(b) making recommendations to the Minister in
10 relation to comprehensive impact statements.
236 Function of assessment committees
(1) The functions of an assessment committee are--
(a) to consider any matters that are referred to it
by the Planning Minister relating to a
15 declared project, in accordance with the
terms of reference; and
(b) if required by the Planning Minister under
Part 3, to undertake consultation on those
matters; and
20 (c) to conduct preliminary hearings or formal
public hearings; and
Note
See Part 3 regarding hearings.
(d) to report and make recommendations to the
25 Planning Minister in relation to--
(i) whether or not to grant any applicable
approval that is required for a declared
project to be developed; and
(ii) the conditions (if any) of such approval.
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Part 8--Assessment Committees
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(2) Subject to this Part, in carrying out its functions in
relation to a matter referred to it by the Planning
Minister, an assessment committee may inquire
into and inform itself in relation to the matter in
5 any manner it sees fit.
237 Membership of committees
(1) An assessment committee consists of 3 or more
members appointed by the Planning Minister.
(2) The Planning Minister must not appoint a person
10 as a member of an assessment committee unless
the Minister is satisfied that the person has
expertise relevant to the assessment of the matters
that are referred to the committee.
(3) The Planning Minister must appoint one of the
15 members of an assessment committee to be
chairperson of the assessment committee.
238 Terms of appointment
(1) A member of an assessment committee is
appointed on the terms and conditions set out in
20 the instrument of appointment.
(2) The Planning Minister may fix fees and
allowances for all members of an assessment
committee or for particular members or classes of
members.
25 (3) Each member of an assessment committee is
entitled to receive any fees and allowances fixed
by the Planning Minister in respect of that
member unless the person is an employee in the
public service within the meaning of the Public
30 Administration Act 2004.
(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of an
assessment committee in respect of the office of
member.
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Part 8--Assessment Committees
s. 239
239 Resignation
A member of an assessment committee may
resign as a member of the assessment committee
by letter signed by the member and delivered to
5 the Planning Minister.
240 Procedure at committee meetings
(1) The chairperson of an assessment committee must
preside at a meeting of the assessment committee
at which the chairperson is present.
10 (2) If the chairperson of an assessment committee is
to be absent from a meeting of the assessment
committee, the chairperson must nominate a
person to preside at the meeting within a
reasonable time before the meeting.
15 (3) A quorum of an assessment committee consists of
a majority of the members of the assessment
committee for the time being.
(4) At a meeting of an assessment committee, a
decision of the assessment committee is a decision
20 of the majority of the members present and voting
at the meeting and, if voting is equal, the person
presiding at the meeting has a second or casting
vote.
(5) Subject to this Act and any directions given by the
25 Planning Minister, an assessment committee may
regulate its own proceedings and any other
hearings or consultations it is required to
undertake under this Act.
241 Consultation
30 (1) If required under Part 3 or by the Planning
Minister under that Part, an assessment committee
must undertake consultation in accordance with
that Part and this section and any direction given
by the Minister in relation to a matter referred to it
35 by the Minister.
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Part 8--Assessment Committees
s. 242
(2) A requirement by the Planning Minister under
Part 3 must specify--
(a) the persons or classes of persons that are to
be consulted; and
5 (b) whether or not the assessment committee is
required or authorised to hold a conference
with the persons to be consulted.
(3) The assessment committee must ensure that all
persons invited to attend a conference under this
10 section are advised in writing of the time and
place at which the conference is to be held within
a reasonable time before the conference.
(4) If consultation is undertaken under this section,
the assessment committee must ensure that the
15 relevant project proponent is--
(a) advised of the consultation itself; and
(b) given notice of the time and place of any
conferences held as part of the consultation;
and
20 (c) invited to attend any conference or other
further consultation that takes place.
(5) A conference held under this section must be
presided over by the chairperson of the assessment
committee or an assessment committee member
25 nominated by the chairperson for that purpose.
(6) The assessment committee must consider the
discussions and resolutions of any conference held
under this section when making an assessment
committee recommendation.
30 242 Disclosure of interests
(1) Before an assessment committee considers any
matters referred to it, each member of the
assessment committee must produce to the
committee a signed statutory declaration that
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Part 8--Assessment Committees
s. 243
states whether the member has a direct or indirect
pecuniary interest in relation to any matters
referred to the assessment committee.
(2) If, during the consideration of matters before the
5 assessment committee, a member becomes aware
of having a direct or indirect pecuniary interest in
a matter being considered, the member must, as
soon as practicable after the relevant facts have
come to his or her knowledge, disclose the nature
10 of his or her interest at a meeting of the
assessment committee.
(3) A production of a declaration under subsection (1)
or a disclosure under subsection (2) must be
recorded in the minutes of the meeting at which it
15 was produced or disclosed.
(4) If a member of an assessment committee produces
a statutory declaration stating that the member
does have a direct or indirect pecuniary interest in
relation to any matter referred to the assessment
20 committee, or a member discloses a direct or
indirect pecuniary interest to the assessment
committee, the member must not--
(a) take any further part in any consideration or
discussion of the matter; or
25 (b) take part in any vote on the matter; or
(c) be counted for the purposes of a quorum.
Division 2--Hearings
243 Directions about hearings
(1) An assessment committee may give directions
30 about--
(a) the times and places of hearings under
Part 3; and
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Part 8--Assessment Committees
s. 244
(b) matters preliminary to hearings under Part 3;
and
(c) the conduct of hearings under Part 3.
(2) An assessment committee may refuse to hear any
5 person who fails to comply with a direction of the
assessment committee.
244 Hearings to be in public
An assessment committee must conduct a hearing
under Part 3 in public unless any person making a
10 submission objects to making the submission in
public and the assessment committee is satisfied
that the submission is relevant and of a
confidential nature.
245 General procedure for hearings
15 (1) In hearing submissions, an assessment
committee--
(a) must act according to equity and good
conscience without regard to technicalities or
legal forms; and
20 (b) is bound by the rules of natural justice; and
(c) is not required to conduct a hearing under
Part 3 in a formal manner; and
(d) is not bound by the rules or practice as to
evidence but may inform itself on any
25 matter--
(i) in any way it thinks fit; and
(ii) without notice to any person who has
made a submission.
(2) An assessment committee may require--
30 (a) a person to produce any documents relating
to any matter being considered by the
assessment committee under this Act which
it reasonably requires;
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Part 8--Assessment Committees
s. 246
(b) an applicable law decision maker to provide
the assessment committee with advice on a
matter or issue the committee considers
relevant for the purpose of making an
5 assessment committee recommendation.
(3) An assessment committee may prohibit or
regulate cross-examination in any hearing under
Part 3 in accordance with any direction given by
the Planning Minister.
10 (4) An assessment committee may hear evidence and
submissions from any person who has made a
submission in relation to the relevant
comprehensive impact statement under Part 3.
(5) Submissions and evidence may be given to the
15 committee orally or in writing or partly orally and
partly in writing.
246 Who may appear before an assessment committee?
A person who has a right to be heard by an
assessment committee or who is called by an
20 assessment committee may--
(a) appear and be heard in person; or
(b) be represented by any other person.
247 Effect of failure to attend hearing
An assessment committee may report and make
25 recommendations on a submission without
hearing the person who made the submission if
the person is not present or represented at the time
and place appointed for the hearing of the
submission.
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Part 8--Assessment Committees
s. 248
248 Committee may hear two or more submissions
together
An assessment committee may consider two or
more submissions together if the submissions
5 concern the same land or the same or a related
matter.
249 Adjournment of hearings
An assessment committee may from time to time
adjourn a hearing under Part 3 to any times and
10 places and for any purposes it thinks necessary
and on any terms as to costs or otherwise which it
thinks just in the circumstances.
250 Technical defects
An assessment committee may continue to hear
15 submissions and make an assessment committee
recommendation despite--
(a) any defect, failure or irregularity in the
preparation of a comprehensive impact
statement; or
20 (b) any failure to comply with Division 2 or 5 of
Part 3 in relation to the preparation of a
project proposal or comprehensive impact
statement.
251 Committee may take into account any relevant
25 matter
An assessment committee may take into account
any matter it thinks relevant in making an
assessment committee recommendation, subject to
any directions given to it by the Planning
30 Minister.
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Part 8--Assessment Committees
s. 252
252 Offences
A person who--
(a) insults, assaults or obstructs a member of an
assessment committee while the member is
5 performing functions or exercising powers as
a member; or
(b) insults, assaults or obstructs any person
attending a hearing before an assessment
committee; or
10 (c) misbehaves at a hearing before an
assessment committee; or
(d) repeatedly interrupts a hearing before an
assessment committee; or
(e) without lawful excuse disobeys a direction of
15 an assessment committee--
is guilty of an offence.
Penalty: 10 penalty units.
253 Project proponent to pay assessment committee's
costs
20 A project proponent must pay for, or reimburse,
any reasonable costs and expenses incurred by or
for an assessment committee in carrying out its
functions under this Part in relation to the relevant
declared project, including reasonable costs
25 incurred in relation to receiving, processing and
assessing submissions, unless the Planning
Minister otherwise directs.
__________________
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Major Transport Projects Facilitation Bill 2009
Part 9--General
s. 254
PART 9--GENERAL
254 Secretary may delegate powers to employees
The Secretary, by instrument, may delegate to any
employee in the Department any of the powers,
5 discretions or functions which this Act gives to
the Secretary except--
(a) this power of delegation; and
(b) any power, discretion or function which the
Secretary exercises or performs as a
10 delegate.
255 Enforcement of Building Act 1993
(1) Despite anything to the contrary in the Building
Act 1993, the Minister administering that Act
may, by Order published in the Government
15 Gazette, declare that the administration and
enforcement in relation to all or part of an
approved project of any of the provisions of that
Act and the regulations made under that Act is to
be carried out by the project authority or any other
20 person or body specified in the Order and in
accordance with the terms and conditions of the
Order.
(2) The Building Act 1993 and the regulations under
that Act apply for the purpose of this section as if
25 a reference to a council or a relevant building
surveyor or a municipal building surveyor were a
reference to the project authority or the relevant
person or body specified in an Order under this
section.
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Part 9--General
s. 256
256 Taxes and duties
(1) No duty is payable under the Duties Act 2000 in
respect of an agreement made for the purpose of
an approved project or any agreement entered into
5 by the State for the purpose of an approved
project.
(2) No land tax is payable in respect of leased land.
(3) No land tax is payable by a licensee in respect of
licensed land.
10 (4) No fee is payable to the Registrar of Titles in
respect of a dealing lodged with the Registrar
relating to surplus land or project land disposed of
under Subdivision 4 of Division 7 of Part 6.
257 Rates and charges
15 (1) Leased land and licensed land are not rateable
land within the meaning of section 154 of the
Local Government Act 1989.
(2) Section 221 of the Local Government Act 1989
does not apply in respect of land in a project area.
20 258 Limitation on powers of Councils to make local laws
(1) A Council must not make a local law under the
Local Government Act 1989 for or with respect
to--
(a) a project area; or
25 (b) the carrying out of works for the purposes of
an approved project (including the timing of
works for and standards of construction of
those works); or
(c) restricting the use of any road for access to
30 or egress from licensed land or a temporary
construction site for the carrying out of
works for the purposes of an approved
project; or
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Part 9--General
s. 258
(d) the retention of trees, vegetation or
earthworks in relation to an approved
project.
(2) Without limiting sections 111(2), 111(3) and
5 111(4) of the Local Government Act 1989, a
local law, whether made before or after the
commencement of this section, is inoperative to
the extent that it makes provision for or with
respect to or affecting any matter or thing referred
10 to in subsection (1).
(3) Without limiting subsection (2), a local law is
inoperative to the extent that it is inconsistent with
the exercise by a project authority of its powers or
functions under this Act or any other Act or under
15 a licence or a lease issued or granted under this
Act.
(4) Without limiting subsection (2), a local law is
inoperative to the extent that it has the effect of, or
is exercised in a manner directed at, preventing,
20 hindering or disrupting a project authority or the
holder of a licence issued under section 173 or
lease granted under section 177 in the
performance of an obligation or the pursuit of a
right for the purposes of an approved project, if
25 the Governor in Council, by Order published in
the Government Gazette, declares it to be
inoperative.
(5) In this section temporary construction site
means--
30 (a) any Crown land approved under section 170;
or
(b) any land entered under the powers in
section 74 or 75 of the Land Acquisition
and Compensation Act 1986 for the
35 purposes of an approved project.
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Part 9--General
s. 259
259 Action by Registrar of Titles
(1) On being requested to do so and on delivery of
any relevant instrument or document (but without
production of a duplicate Crown grant or
5 certificate of title), the Registrar of Titles must, as
soon as practicable--
(a) make any recordings in the Register that are
necessary because of the operation of this
Act; and
10 (b) register any lease made in accordance with
the purposes of an approved project.
(2) Division 4 of Part IV of the Transfer of Land
Act 1958 applies to any acquisition of land by a
project authority under Part 6 as if the Crown
15 were the acquiring authority rather than the
authority.
260 Exclusion of proportionate liability under Wrongs
Act 1958
(1) Despite anything to the contrary in Part IVAA of
20 the Wrongs Act 1958, that Part does not--
(a) prevent a project authority and another
person, or a project contractor and another
person, from making express provision for
their rights, obligations and liabilities under a
25 contract relating to an approved project with
respect to any matter to which that Part
applies; and
(b) limit or otherwise affect the operation of any
such express provision in such a contract.
30 (2) Subsection (1) extends to any provision in
Part IVAA of the Wrongs Act 1958 even if the
provision applies to liability in contract.
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Major Transport Projects Facilitation Bill 2009
Part 9--General
s. 261
261 Time limit for proceedings for reviews of approval
decisions
(1) This section applies if the Planning Minister
makes an approval decision.
5 (2) Despite anything to the contrary in the
Administrative Law Act 1978 or in any rules of
court, a proceeding for a review of the approval
decision must be commenced in the Supreme
Court within 21 days after notice of the making of
10 the decision is published in the Government
Gazette in accordance with section 82.
262 Reviews of approval decisions
(1) This section applies if a proceeding is commenced
in the Supreme Court under the Administrative
15 Law Act 1978 or otherwise for a review of an
approval decision.
(2) The Supreme Court may hear and determine the
proceeding or any matter in the proceeding--
(a) as expeditiously as possible; and
20 (b) with as much informality as is possible in
accordance with the rules of evidence.
(3) In addition, the Supreme Court, in hearing and
determining the proceeding or any matter in the
proceeding must have regard to--
25 (a) the need for the expeditious development of
transport infrastructure in order for services
to be provided by means of such
infrastructure for the benefit of the Victorian
community; and
30 (b) the need for increased cost certainty and
increased risk certainty in the delivery of
declared projects.
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Major Transport Projects Facilitation Bill 2009
Part 9--General
s. 263
263 No appeal or review of decisions under Parts 1, 2, 3
or 4 (except approval decisions)
(1) It is the intention of Parliament, by the enactment
of this section, to preclude any appeal or review of
5 any kind by the Supreme Court or any other court,
or a tribunal (including VCAT), of any decision to
which this section applies.
(2) In this section decision means--
(a) a decision of a person or body under a
10 provision of Part 1, 2, 3 or 4 (however
described) other than a decision of the
Planning Minister under section 77 (a
specified decision); or
(b) a purported specified decision; or
15 (c) a failure by a person or body to make a
specified decision; or
(d) a decision or purported decision made by a
person or body for the purpose of making a
specified decision; or
20 (e) a decision or purported decision of the
Planning Minister under section 77 that is
taken to be a decision under an applicable
law by operation of section 84.
(3) A decision is not liable to be challenged, appealed
25 against, reviewed, quashed or called in question in
any court or tribunal (including VCAT) on any
account or before any person acting judicially
within the meaning of the Evidence Act 1958.
(4) In addition, without limiting subsection (3), no
30 proceedings--
(a) seeking the grant of any relief or remedy in
the nature of certiorari, prohibition,
mandamus or quo warranto, or the grant of a
declaration or injunction on any ground,
35 including an absence of jurisdiction, an
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Major Transport Projects Facilitation Bill 2009
Part 9--General
s. 264
excess of jurisdiction or any other ground of
review; or
(b) seeking any order under the Administrative
Law Act 1978 (whether on the ground of
5 absence of jurisdiction or excess of
jurisdiction or any other ground)--
may be brought against the person or body in
respect of a decision or any proceedings relating
to that decision or any other matter incidental to
10 the making of that decision.
(5) Subsections (3) and (4) apply despite anything to
the contrary in an applicable law.
264 Schedule 2--related and consequential amendments
to other Acts
15 Schedule 2 has effect.
265 Supreme Court--limitation of jurisdiction
It is the intention of section 263 to alter or vary
section 85 of the Constitution Act 1975.
266 Regulations
20 (1) The Governor in Council may make regulations
for or with respect to--
(a) fees;
(b) any other matter or thing required or
permitted by this Act to be prescribed or
25 necessary to be prescribed to give effect to
this Act.
(2) A power conferred by subsection (1)(a) to make
regulations providing for the imposition of fees
may be exercised by providing for all or any of
30 the following matters--
(a) specific fees;
(b) maximum fees;
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Major Transport Projects Facilitation Bill 2009
Part 9--General
s. 266
(c) minimum fees;
(d) fees that vary according to value or time;
(e) the manner of payment of fees;
(f) the time or times at which fees are to be paid.
5 (3) The regulations--
(a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstance;
(c) may confer a discretionary authority or
10 impose a duty on a specified person or class
of person.
__________________
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Major Transport Projects Facilitation Bill 2009
Sch. 1
SCHEDULES
SCHEDULE 1
APPLICABLE LAWS AND APPLICABLE APPROVALS
TABLE
Column 1 Column 2
Applicable law Applicable approval
Coastal Management Act 1995 Consent under section 40(1)
Conservation, Forests and Lands Comment under section 66
Act 1987
Environment Protection Act 1970 Works approval under
section 19B(7)
Flora and Fauna Guarantee Act Permit under section 40
1988
Licence under section 53 to take
and keep fish
Forests Act 1958 Licence or permit under
section 52
Permit under section 59(1)
Authority under section 77
Heritage Act 1995 Permit under section 74
Permit under section 113
Consent under section 129
National Parks Act 1975 Permit under section 21(1)(a)
Approval under section 23
Consent under section 25
Planning and Environment Act Preparation, approval and
1987 adoption of a planning scheme or
an amendment to a planning
scheme under sections 8, 29
and 35
Granting and issue of a planning
permit under section 61
561246B.I-12/8/2009 167 BILL LA INTRODUCTION 12/8/2009
Major Transport Projects Facilitation Bill 2009
Sch. 1
Column 1 Column 2
Applicable law Applicable approval
Road Management Act 2004 Consent under clause 1 of
Schedule 2
Decision under clause 2 of
Schedule 2
Consent under clause 16 of
Schedule 7
Water Act 1989 Licence under section 51
Licence under section 67
Wildlife Act 1975 Authority under section 21(1), (2)
or (3)
Licence under section 22(1)
Authorisation under section 28A
__________________
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Major Transport Projects Facilitation Bill 2009
Sch. 2
SCHEDULE 2
Section 262
RELATED AND CONSEQUENTIAL AMENDMENTS TO
OTHER ACTS
1 Aboriginal Heritage Act 2006 See:
Act No.
16/2006.
5 1.1 In section 46(c), for "section 49." substitute LawToday:
"section 49; or". www.
legislation.
1.2 After section 46(c) insert-- vic.gov.au
"(d) a plan is required for the activity under
section 49A.".
10 1.3 After section 49 insert--
"49A Plan required if impact management plan
or comprehensive impact statement is
required
(1) This section applies if a project proponent is
15 required to prepare an impact management
plan or comprehensive impact statement in
relation to a declared project.
(2) The project proponent must not commence
works until a cultural heritage management
20 plan for the area in which the works are to be
carried out has been approved.
(3) In this section, declared project,
comprehensive impact statement, impact
management plan, project proponent and
25 works have the same meaning as in the
Major Transport Projects Facilitation Act
2009.".
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Major Transport Projects Facilitation Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561246B.I-12/8/2009 170 BILL LA INTRODUCTION 12/8/2009
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