Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Planning and Environment (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. New Part 9A inserted 2
PART 9A--PROJECTS OF STATE OR REGIONAL
SIGNIFICANCE 2
201E. Definitions 2
201F. Declaration of project 3
201G. Delegation 3
201H. Acquisition by agreement 3
201I. Powers of compulsory acquisition 3
201J. Secretary's powers to dispose of land 4
201K. Recommendation of closure of roads 5
201L. Order for closure of road 6
201M. Temporary closure of road 6
201N. Recommendation for removal of easements and
restrictions 7
201O. Order for removal of easement or restriction 7
201P. Compensation 8
201Q. Action by Registrar of Titles and Registrar-General 9
4. Delegation powers 10
5. Functions and powers of Secretary 10
6. Exemption from requirement to reserve land 11
NOTES 12
i
531263B.I1-13/10/97
Clause Page
THIS PAGE IS TO BE MASKED
ii
531263B.I1-13/10/97
PARLIAMENT OF VICTORIA
A BILL
to amend the Planning and Environment Act 1987, the Project
Development and Construction Management Act 1994 and the
Land Acquisition and Compensation Act 1986 and for other
purposes.
Planning and Environment
(Amendment) Act 1997
The Parliament of Victoria enacts as follows:
1. Purpose
The main purposes of this Act are--
(a) to amend the Planning and Environment
Act 1987 to confer certain powers on the
5 Secretary of the Department of Infrastructure
in relation to development projects of State
or regional significance; and
1
531263B.I1-13/10/97
Planning and Environment (Amendment) Act 1997
s. 2
Act No.
(b) to amend the Project Development and
Construction Management Act 1994 in
relation to the functions and powers of the
Secretary; and
5 (c) to amend the Land Acquisition and
Compensation Act 1986 to provide for the
exemption of land to be acquired for certain
kinds of development projects from the
requirement to be reserved for public
10 purposes.
2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
3. New Part 9A inserted
15 After Part 9 of the Planning and Environment
Act 1987 insert--
'PART 9A--PROJECTS OF STATE OR
REGIONAL SIGNIFICANCE
201E. Definitions
20 In this Part--
"declared project" means a development or
proposed development declared by
notice under section 201F to be of State
or regional significance;
25 "restriction" means--
(a) a restriction within the meaning of
the Subdivision Act 1988; or
(b) a covenant under Division 2 of
Part 4 of the Heritage Act 1995;
30 or
2
531263B.I1-13/10/97
Planning and Environment (Amendment) Act 1997
s. 3
Act No.
(c) a covenant under section 3A of
the Victorian Conservation
Trust Act 1972;
"Secretary" means the body corporate
5 established under section 35 of the
Project Development and
Construction Management Act 1994.
201F. Declaration of project
The Minister may, by notice published in the
10 Government Gazette, declare a development
or proposed development to be of State or
regional significance.
201G. Delegation
The Secretary may, by instrument, delegate
15 to any officer or class of officers of the
Department any of the powers conferred on
the Secretary under this Part except--
(a) this power of delegation; and
(b) the Secretary's powers under section
20 210I.
201H. Acquisition by agreement
For the purposes of a declared project, the
Secretary may acquire land by agreement on
any terms (including consideration) that the
25 Secretary considers appropriate.
201I. Powers of compulsory acquisition
(1) The Secretary may compulsorily acquire
land for the purposes of a declared project.
(2) The Land Acquisition and Compensation
30 Act 1986 applies to this Part and for that
purpose--
3
531263B.I1-13/10/97
Planning and Environment (Amendment) Act 1997
s. 3
Act No.
(a) Part 9A of the Planning and
Environment Act 1987 is the special
Act; and
(b) the Secretary is the Authority.
5 (3) The Minister may, by notice published in the
Government Gazette, declare specified land
required for a declared project to be special
project land for the purposes of section 5 of
the Land Acquisition and Compensation
10 Act 1986.
201J. Secretary's powers to dispose of land
(1) The Secretary may--
(a) grant a lease, licence, easement or
privilege over land vested in or
15 acquired by the Secretary pursuant to
this Part; or
(b) sell or dispose of the Secretary's
interest in fee simple in any land vested
in or acquired by the Secretary pursuant
20 to this Part--
on any terms (including consideration) that
the Secretary considers appropriate.
(2) The Secretary may enter into an agreement
with another person concerning the use or
25 development of land--
(a) on disposing of the whole of its interest
in the land to that person; or
(b) in anticipation of disposing of the
whole of its interest in the land to that
30 person.
(3) Division 2 of Part 9 applies to an agreement
under sub-section (2) as if--
4
531263B.I1-13/10/97
Planning and Environment (Amendment) Act 1997
s. 3
Act No.
(a) it was an agreement under that
Division;
(b) it referred to the Secretary instead of
the responsible authority for the
5 planning scheme;
(c) section 174(2)(c) were omitted;
(d) sections 177(2), 178 and 179(1)
referred to the Secretary instead of the
Minister.
10 201K. Recommendation of closure of roads
(1) For the purposes of a declared project, the
Secretary may recommend to the Governor
in Council to close any road or part of a
road.
15 (2) Before making a recommendation to close a
road or part of a road, the Secretary must--
(a) serve notice of the proposed closure on
the owner of any property which the
Secretary, after making inquiry into the
20 matter, considers is likely to be
substantially affected by the closure of
the road or part of the road; and
(b) give each of those owners an
opportunity to object to the closure; and
25 (c) consider all objections so made.
(3) Before making a recommendation to close a
road or part of a road, the Secretary must
ensure that provision is made--
(a) with respect to pipes, wires, apparatus,
30 sewers, drains, tunnels, conduits, poles,
posts and fixtures lawfully on over
under or across the road or part of the
road; and
5
531263B.I1-13/10/97
Planning and Environment (Amendment) Act 1997
s. 3
Act No.
(b) for access to any land likely to be
prejudicially affected by the closure.
(4) The Secretary may only recommend the
closure of a road or part of a road under this
5 section if the Secretary is satisfied that the
closure will not substantially injure the
public or any person objecting under sub-
section (2).
201L. Order for closure of road
10 (1) On a recommendation under section 201K,
the Governor in Council, by order published
in the Government Gazette, may close the
road or part of the road.
(2) On the publication of the order--
15 (a) the land over which the closed road ran
(whether the property of the Crown or
not) ceases to be a road; and
(b) all rights, easements and privileges
existing or claimed in the land either in
20 the public or by any body or person as
incident to any express or implied
grant, or past dedication or by user or
operation of law or otherwise, cease;
and
25 (c) the land vests in the Secretary without
transfer or conveyance freed and
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests.
30 201M. Temporary closure of road
For the purposes of a declared project, the
Secretary may temporarily close a road or
part of a road to traffic if the Secretary
considers it necessary to do so so that works
6
531263B.I1-13/10/97
Planning and Environment (Amendment) Act 1997
s. 3
Act No.
on the road or neighbouring land can be
carried out.
201N. Recommendation for removal of easements
and restrictions
5 (1) For the purposes of a declared project, the
Secretary may recommend to the Governor
in Council to remove an easement, or
restriction applying to any land.
(2) Before making a recommendation under sub-
10 section (1), the Secretary must--
(a) serve notice of the proposed removal on
the owner of any property which the
Secretary, after making inquiry into the
matter, considers is likely to be
15 substantially affected by the removal;
and
(b) give each of those owners an
opportunity to object to the removal;
and
20 (c) consider all objections so made.
(3) Before making a recommendation under sub-
section (1), the Secretary must ensure that
provision is made for access to any land
likely to be prejudicially affected by the
25 removal.
(4) The Secretary may only recommend the
removal of an easement or restriction under
this section if the Secretary is satisfied that
the removal will not substantially injure the
30 public or any person objecting under sub-
section (2).
201O. Order for removal of easement or
restriction
7
531263B.I1-13/10/97
Planning and Environment (Amendment) Act 1997
s. 3
Act No.
(1) On a recommendation under section 201N,
the Governor in Council, by order published
in the Government Gazette, may remove the
easement or restriction.
5 (2) On the publication of the order, the easement
or restriction is extinguished.
201P. Compensation
(1) If an order is made under section 201L or
section 201O, the Secretary must make
10 provision for the payment of
compensation--
(a) to any person in whom the land
comprised in the road or part of the
road is vested; and
15 (b) to any owner of property which in the
opinion of the Secretary is likely to be
substantially affected by the closure of
the road or the removal of the easement
or restriction.
20 (2) The Minister may certify that, having regard
to the extent to which a person referred to in
sub-section (1) is or is likely to be affected
by the closure of the road or the removal of
the easement or restriction, the compensation
25 payable to that person should not exceed the
amount stated in the certificate (not being
less than $400).
(3) If the Minister so certifies under sub-section
(2), the amount stated in the certificate in
30 respect of that person shall be the full
amount payable to him or her under sub-
section (1) by the Secretary by way of
compensation.
(4) If the Minister is satisfied that a person who
35 might be entitled to compensation under sub-
8
531263B.I1-13/10/97
Planning and Environment (Amendment) Act 1997
s. 3
Act No.
section (1) cannot be found, the Minister
may direct that no provision, or such
provision as the Minister specifies, shall be
made for payment of compensation to that
5 person.
(5) If neither sub-section (3) nor (4) applies, the
compensation payable under sub-section (1)
to a person--
(a) shall be as agreed between the
10 Secretary and the person; or
(b) if agreement is not reached, shall be
determined in accordance with Part 10
of the Land Acquisition and
Compensation Act 1986 as if the
15 amount of compensation payable were
a disputed claim.
201Q. Action by Registrar of Titles and Registrar-
General
(1) The publication of an order under section
20 201L brings the land under the operation of
the Transfer of Land Act 1958 if it is not
already under that Act.
(2) If an order is made under section 201L in
relation to land, the Registrar of Titles, on
25 being requested to do so and on production
of the relevant order--
(a) must make any recordings in the
Register that are necessary because of
the order; and
30 (b) may create a folio of the Register
recording the Secretary as the
registered proprietor of the land.
(3) If an order under section 201L or 201O
affects the right, estate or interest of the
35 registered proprietor of land in a folio of the
9
531263B.I1-13/10/97
Planning and Environment (Amendment) Act 1997
s. 4
Act No.
Register under the Transfer of Land Act
1958 in respect of an easement or restriction
recorded on that folio or implied by statute
appurtenant to the land, the Registrar of
5 Titles on being requested to do so and on
production of the relevant order, must delete
from the folio the recording of that easement
or restriction to the extent to which it has
been extinguished.
10 (4) If the description of any land under the
operation of the Transfer of Land Act 1958
or a folio of the Register is or may be
affected by any order made under this Part
closing a road or part of a road or removing
15 an easement or restriction, the Registrar of
Titles may make any amendment in that
description or folio which is in his or her
opinion necessary or desirable.
(5) On being requested to do so and on
20 production of the relevant order, the
Registrar-General must make all entries on
records of enrolment of any Crown grant and
on any memorial relating to any land
concerned that are necessary because of the
25 operation of this Act or an order made under
this Act.'.
4. Delegation powers
In section 186(2) of the Planning and
Environment Act 1987 after "section 172" insert
30 ", section 201F".
5. Functions and powers of Secretary
(1) After section 37(2) of the Project Development
and Construction Management Act 1994
insert--
10
531263B.I1-13/10/97
Planning and Environment (Amendment) Act 1997
s. 6
Act No.
"(2A) In addition to sub-sections (1) and (2), the
Secretary has any functions conferred on the
Secretary under Part 9A of the Planning and
Environment Act 1987.".
5 (2) After section 38(3) of the Project Development
and Construction Management Act 1994
insert--
"(3A) The Secretary has any powers conferred on
the Secretary under Part 9A of the Planning
10 and Environment Act 1987.".
6. Exemption from requirement to reserve land
After section 5(4A) of the Land Acquisition and
Compensation Act 1986 insert--
"(4B) Sub-section (1) does not apply to any land
15 which is special project land under section
201I(3) of the Planning and Environment
Act 1987.".
11
531263B.I1-13/10/97
Planning and Environment (Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
12
531263B.I1-13/10/97
[Index] [Search] [Download] [Related Items] [Help]