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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Project Development and Construction
Management (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Definitions 2
5. Application of Act 2
6. New section 7 substituted 2
7. Contents of order 2
7. New section 8 substituted 2
8. Application order 2
8. New section 9 substituted 3
9. Tabling of orders 3
9. Repeal of section 10 3
10. Grant of land 4
11. New section 18A inserted 4
18A. Surrender of interests in unreserved Crown land 4
12. New section 19 substituted 5
19. Acquisition by agreement 5
13. New Divisions 2A and 2B inserted in Part 3 6
Division 2A--Compensation for surrendered or divested land
6
20A. Right to compensation on surrender or divesting 6
Division 2B--Entry into possession of surrendered or
divested land 6
20B. Interpretation 6
20C. Application 7
20D. Power to enter into possession 7
20E. Entry into possession 7
20F. Recovery of rent 10
20G. Proceedings where refusal to give up possession 10
20H. Residential Tenancies Act 1980 not to apply 12
20I. Giving of notice 12
20J. Minor misdescription not to invalidate notice 12
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Clause Page
14. Disposing of land 12
15. Secretary 14
16. Statute law revision 14
NOTES 15
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PARLIAMENT OF VICTORIA
A BILL
to amend the Project Development and Construction Management
Act 1994 and for other purposes.
Project Development and Construction
Management (Amendment) Act 1997
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to make certain
amendments to the Project Development and
Construction Management Act 1994 and to
5 provide for additional powers relating to land.
2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
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3. Principal Act
No. 101/1994. In this Act the Project Development and
Reprint No.1
Construction Management Act 1994 is called
as at 14
the Principal Act.
November
1996.
5 4. Definitions
In section 3(1) of the Principal Act in the
definition of "the Department" for "Planning and
Development" substitute "Infrastructure".
5. Application of Act
10 In section 5(3) of the Principal Act for "Section
20, 23 or 24" substitute "Section 19, 20, 22, 23 or
24".
6. New section 7 substituted
For section 7 of the Principal Act substitute--
15 "7. Contents of order
A nomination order must specify--
(a) the Minister who is to be responsible
for the nominated project; and
(b) if there is to be a facilitating agency for
20 the nominated project, the public
statutory corporation which is to be that
facilitating agency.".
7. New section 8 substituted
For section 8 of the Principal Act substitute--
25 "8. Application order
The Governor in Council, on the
recommendation of the Premier, by order
published in the Government Gazette
relating to a nominated project--
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(a) may specify the provisions of Part 3
which are to apply in relation to the
nominated project;
(b) if there is a facilitating agency for the
5 nominated project, may specify the
provisions of Part 3 which are to apply
to that facilitating agency;
(c) may specify that all or any of sections
19, 20, 22, 23 and 24 apply in relation
10 to the responsible Minister for the
nominated project;
(d) may specify an area of land for the
purposes of the nominated project;
(e) may specify any other matter permitted
15 by this Act to be specified in an order
under this section.".
8. New section 9 substituted
For section 9 of the Principal Act substitute--
"9. Tabling of orders
20 The Premier must cause--
(a) a copy of each nomination order,
together with a statement signed by the
Premier of reasons for the making of
the order; and
25 (b) a copy of each application order--
to be laid before each House of Parliament
within 14 sitting days after the order is
made.".
9. Repeal of section 10
30 Section 10 of the Principal Act is repealed.
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10. Grant of land
In section 17(1)(a) of the Principal Act after "18"
insert "or 18A".
11. New section 18A inserted
5 After section 18 of the Principal Act insert--
"18A. Surrender of interests in unreserved Crown
land
(1) The responsible Minister may recommend to
the Governor in Council that the interests (if
10 any) in any Crown land which is part of an
area specified in an application order for a
nominated project (other than Crown land
reserved under the Crown Land (Reserves)
Act 1978) be surrendered to the Crown on--
15 (a) receiving a plan of the land signed by
the 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
20 Crown.
(2) On receiving the responsible Minister's
recommendation, the Governor in Council
may, by order published in the Government
Gazette, declare that the interests (if any) in
25 the land shown on the plan are surrendered
to the Crown.
(3) On publication of an order under sub-section
(2) in the Government Gazette--
(a) the land is deemed to be unalienated
30 land of the Crown, freed and
discharged from all limitations; and
(b) if any part of the land is or is being
used as a road, that part of the land
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Project Development and Construction Management
(Amendment) Act 1997
s. 12
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ceases to be a road and all rights,
easements and privileges existing or
claimed in it either in the public or by
any body or person as incident to any
5 express or implied grant, or past
dedication or supposed dedication or by
user or operation of law or otherwise,
cease; and
(c) if any part of the land is the bed, soil
10 and banks of a river, all rights
easements and privileges existing or
claimed in that part of the land either in
the public or by any body or person as
incident to any express or implied
15 grant, or past dedication or supposed
dedication or by user or operation of
law or otherwise, cease.
(4) Sub-section (3) has effect despite anything to
the contrary in section 175A of the Water
20 Industry Act 1994 or any other Act.".
12. New section 19 substituted
For section 19 of the Principal Act substitute--
"19. Acquisition by agreement
(1) For the purposes of a nominated project, the
25 responsible Minister or the facilitating
agency may acquire by agreement an interest
in land on any terms (including
consideration) that the responsible Minister
or agency considers appropriate.
30 (2) Any interest in land acquired by the
responsible Minister under this section vests
in the Crown and is deemed to be
unalienated land of the Crown.".
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13. New Divisions 2A and 2B inserted in Part 3
After Division 2 of Part 3 of the Principal Act
insert--
'Division 2A--Compensation for surrendered
5 or divested land
20A. Right to compensation on surrender or
divesting
(1) Subject to this Act and the Land
Acquisition and Compensation Act 1986,
10 every person (other than a public body) who
immediately before the publication of an
order under section 18 or 18A had a legal or
equitable estate or interest in land to which
the order applies has a claim for
15 compensation.
(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
20 publication of the order were a notice of
acquisition of that estate or interest and the
responsible Minister had acquired that estate
or interest on behalf of the Crown.
Division 2B--Entry into possession of
25 surrendered or divested land
20B. Interpretation
In this Division--
"surrender date" in relation to land means
the date of publication of an order
30 under section 18 or 18A in relation to
that land;
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"surrendered land" means land which on
the publication of an order under
section 18 or 18A becomes unalienated
land of the Crown.
5 20C. Application
This Division applies to surrendered land
whether it became surrendered land before or
after the commencement of section 13 of the
Project Development and Construction
10 Management (Amendment) Act 1997.
20D. Power to enter into possession
Subject to this Division, the responsible
Minister may enter into possession of
surrendered land.
15 20E. Entry into possession
(1) The responsible Minister must diligently
endeavour to obtain agreement with the
occupier of surrendered land as to the terms
on which the Minister will enter into
20 possession of the land.
(2) Subject to this Division, if surrendered land
or part of surrendered land is used, at the
surrender date, by a person as the principal
place of residence or business of that person,
25 the responsible Minister must 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--
30 before the end of 3 months after the
surrender date and unless the responsible
Minister has given 7 days' notice in writing
of his or her intention to enter into
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possession to the person in occupation of the
land.
(3) A person referred to in sub-section (2) is not
liable for the payment of rent in respect of
5 the occupation by that person of that part of
the surrendered land which is used as the
principal place of residence or business of
that person during the period specified in
that sub-section.
10 (4) Sub-section (2) does not apply if--
(a) the Governor in Council, on the
recommendation of the responsible
Minister, by order certifies that having
regard to--
15 (i) the urgency of the case or any
other exceptional circumstances;
and
(ii) the public interest--
it is not practicable for the responsible
20 Minister to delay entry into possession
of the surrendered land until after the
end of the period referred to in sub-
section (2); or
(b) the responsible Minister and the person
25 in occupation of the surrendered land
have entered into an agreement in
relation to the time of entry into
possession of the surrendered land by
the responsible Minister.
30 (5) If, at the surrender date, surrendered land is
not used by any person as the principal place
of residence or business of that person, the
responsible Minister may enter into
possession of the land at any time after the
35 surrender date after giving 7 days' notice in
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writing of his or her intention to enter into
possession to the person in occupation of the
land.
(6) The period of occupation of the surrendered
5 land after the surrender date (including the
period referred to in sub-section (2)) may be
extended by agreement in writing between
the responsible Minister and the person in
occupation of the surrendered land.
10 (7) An agreement under sub-section (6) must
provide for the payment of rent by the person
in occupation of the relevant land to the
Crown.
(8) If a person continues to occupy surrendered
15 land after the period referred to in sub-
section (2) or the surrender date (as the case
may be) and an agreement has not been
entered into under sub-section (6) in respect
of that occupation, that person is to be taken
20 to be in possession of the land in pursuance
of a tenancy determinable at will by the
responsible Minister and is liable to pay to
the Crown a fair market rent in respect of
that continued occupation.
25 (9) If a person referred to in sub-section (2)
ceases of the person's own accord to occupy
the surrendered land before the end of the
period referred to in that sub-section, the
entitlement of that person under this Division
30 to occupy the land without payment of rent
to the Crown also ceases.
(10) An order under sub-section (4)(a) must
specify the date on which the responsible
Minister is to take possession.
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(11) The responsible Minister must give a copy of
the order under sub-section (4)(a) to the
person in occupation of the land.
(12) The person whose period of occupation of
5 the surrendered land was abridged under
sub-section (4)(a) is entitled to claim
compensation under Division 2A for any loss
or damage which is incurred as a direct,
natural and reasonable consequence of that
10 abridgment and for which the person could
not otherwise make a claim under that
Division.
(13) The compensation payable pursuant to sub-
section (12) may be paid to--
15 (a) the person who is entitled to claim the
compensation; or
(b) the constituted attorney of that person.
20F. Recovery of rent
Any rent payable to the Crown under section
20 20E may be recovered as a debt due to the
Crown in any court of competent
jurisdiction.
20G. Proceedings where refusal to give up
possession
25 (1) If the responsible Minister is entitled under
this Division to enter into possession of
surrendered land and the occupier of the land
or any other person--
(a) refuses to give up the possession of the
30 land; or
(b) hinders the responsible Minister from
entering on and taking possession of
the land--
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s. 13
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the responsible Minister may issue his or her
warrant under this section to the sheriff.
(2) A warrant issued under this section
authorises the sheriff to--
5 (a) enter onto the land specified in the
warrant; and
(b) deliver possession of the land to the
responsible Minister or the person
appointed in the warrant to receive
10 possession of the land; and
(c) use such force as is reasonably
necessary to execute the warrant.
(3) On receipt of a warrant issued under this
section, the sheriff must deliver possession
15 of the land to the responsible Minister or the
person appointed in the warrant to receive
possession of the land.
(4) The costs incurred in the issuing and
execution of a warrant must be paid by the
20 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 responsible
Minister from the compensation (if any)
25 payable under this Part to that person.
(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
30 compensation must if not paid on demand be
enforced by a warrant to seize property.
(7) On application by the responsible Minister, a
magistrate must issue a warrant for the
purposes of sub-section (6).
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(8) In this section, "sheriff" means the sheriff
or a deputy sheriff under the Supreme
Court Act 1986.
20H. Residential Tenancies Act 1980 not to apply
5 Nothing in the Residential Tenancies Act
1980 applies to or in relation to any matter
provided for or any proceedings under this
Division.
20I. Giving of notice
10 If the whereabouts of a person to whom the
responsible Minister is required to give a
notice or document is not known to the
responsible Minister, the notice or document
may be given--
15 (a) by publication of a copy of it in a
newspaper circulating generally
throughout the State; and
(b) by affixing it in a prominent place on
the land to which it relates.
20 20J. Minor misdescription not to invalidate
notice
The validity of any notice under this
Division is not affected by any
misdescription in it of the land or of any
25 interest in the land if sufficient information
appears on the face of the notice to identify
the land or interest affected.'.
14. Disposing of land
For section 22(3) of the Principal Act
30 substitute--
"(3) For the purposes of a nominated project, the
responsible Minister, may--
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(a) grant a lease or licence or easement or
privilege over Crown land; or
(b) recommend to the Governor in Council
the grant, sale or disposition of Crown
5 land--
on any terms (including consideration) that
the responsible Minister considers
appropriate.
(4) The responsible Minister must consult with
10 the Minister administering the Land Act
1958 before exercising any power under sub-
section (3).
(5) Sub-section (3) does not apply to land which
is reserved under the Crown Land
15 (Reserves) Act 1978.
(6) The Governor in Council may grant, sell or
dispose of Crown land to any person in
accordance with the recommendation of the
responsible Minister under this section.
20 (7) Land may be sold or disposed of to a person
under sub-section (6) on condition that the
person enter into an agreement with the
responsible Minister concerning the use or
development of the land.
25 (8) Division 2 of Part 9 of the Planning and
Environment Act 1987 applies to an
agreement under sub-section (2) or (7) as
if--
(a) it was an agreement under that
30 Division; and
(b) it referred to the responsible Minister or
the facilitating agency (as the case
requires) instead of the responsible
authority for the planning scheme; and
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s. 15
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(c) section 174(2)(c) were omitted; and
(d) sections 177(2), 178 and 179(1)
referred to the responsible Minister or
the facilitating agency (as the case
5 requires) instead of the Minister.
(9) This section applies despite anything to the
contrary in the Land Act 1958.".
15. Secretary
In section 35(1) of the Principal Act for
10 "Secretary to the Department of Planning and
Development" substitute "Secretary to the
Department of Infrastructure".
16. Statute law revision
(1) In section 27 of the Principal Act--
15 (a) in sub-section (1)(b) omit "relating to an
agreement or contract";
(b) in sub-section (2)(a) for "a agreement"
substitute "an agreement".
(2) Parts 8 and 9 of the Principal Act are repealed.
20
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Project Development and Construction Management
(Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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