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PARLIAMENT OF VICTORIA
Victorian Urban Development Authority Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 2
3. Definitions 2
4. Does the Authority represent the Crown? 5
PART 2--VICTORIAN URBAN DEVELOPMENT AUTHORITY 6
Division 1--Establishment 6
5. Establishment 6
6. Authority may trade as VicUrban 6
Division 2--Functions and Powers 7
7. Functions 7
8. Powers of the Authority 8
9. Authority subject to the direction and control of the Minister 8
10. Non-commercial functions 8
11. Delegation 9
12. Authority may enter into joint ventures etc. 10
13. Reciprocal arrangements with public sector agencies 10
14. Grant of land to Authority 11
15. Approval required for acquisition of private land 12
16. Staff 12
Division 3--The Board 13
17. The board 13
18. Constitution of the board 13
19. Appointment of directors 13
20. Terms and conditions of appointment 14
21. Acting appointments 14
22. Chief executive 15
23. Vacancies, resignations, removal from office 15
24. Validity of decisions 16
25. Proceedings of the board 17
26. Sub-committees 17
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Clause Page
27. Participation in meetings by telephone etc. 17
28. Resolutions without meetings 18
29. Disclosure of interests 19
30. Duties of directors 20
31. Authority or Minister may bring proceedings 21
32. Authority not to make loans to directors 21
33. Limitations on indemnity 22
PART 3--POWERS RELATING TO DECLARED PROJECTS 23
Division 1--Declared Projects 23
34. Project order 23
35. Application of Act 23
36. Authority represents the Crown in relation to project 24
37. Authority to surrender land 24
38. This Part binds the Crown 24
Division 2--Obtaining Land 24
39. Surrender or divesting of land of other bodies 24
40. Grant of land to the Authority 25
41. Acquisition by agreement 26
42. Compulsory acquisition of land 27
Division 3--Compensation for surrendered or divested land 28
43. Right to compensation on surrender or divesting 28
Division 4--Activities on land 28
44. Land management and use 28
45. Revocation of permanent and temporary reservations 29
46. Power to enter land 30
Division 5--Disposing of and other dealings with land 31
47. Authority may surrender land to the Crown 31
48. Disposing of land 31
49. Agreements that run with the land 32
Division 6--Other powers 32
50. Charges 32
51. How may a charge be levied? 34
52. Exemption from duty, rates, taxes or charges 35
53. Transport facilities 35
54. Closing roads 37
55. Administration of Building Act 1993 37
56. Negotiation bonds 39
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Clause Page
PART 4--CORPORATE PLAN 41
57. Corporate Plan 41
58. Statement of corporate intent--contents 42
59. Corporate plan to be followed 43
60. Nothing void merely because of non-compliance 43
61. Board to give notice of significant events 43
PART 5--FINANCIAL PROVISIONS 45
62. General Fund 45
63. Project Fund 46
64. Borrowing and investment by the Authority 46
65. Capital 47
66. Dividends 47
67. Exceptions from sections 88 and 88B of State Owned
Enterprises Act 1992 48
PART 6--REPORTS BY THE AUTHORITY 49
68. Reports to Minister or Treasurer 49
69. Annual report 49
PART 7--GENERAL 50
Division 1--Confidentiality 50
70. This Division binds the Crown 50
71. Improper use of information 50
72. Information to be confidential 50
73. Who is connected with the Authority? 51
Division 2--Evidence and Legal Proceedings 51
74. Proceedings 51
75. Evidence 51
76. Service of documents 53
77. Other laws not affected 54
Division 3--Duties of Registrar 54
78. Action by Registrar of Titles 54
Division 4--Regulations 54
79. Regulations 54
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Clause Page
PART 8--TRANSITIONAL PROVISIONS 56
80. Definitions 56
81. Transitional--Docklands Authority 56
82. Transitional--staff of the Docklands Authority 57
83. Transitional--chief executive 58
84. Transitional--reappointment to public service 58
85. Transitional--URLC 59
86. Transitional--staff of URLC 59
87. Transitional--superseded references to Docklands Authority 60
88. Transitional--superseded references 60
89. Saving of covenants 61
PART 9--AMENDMENTS AND REPEALS 63
Division 1--Repeal of Urban and Regional Land Corporation Act
1997 63
90. Repeal of Urban and Regional Land Corporation Act 1997 63
Division 2--Amendments to the Docklands Authority Act 1991 63
91. Title 63
92. Purpose 63
93. Definitions 63
94. Division 1 of Part 2 substituted 64
Division 1--Representation of the Crown 64
6. Authority to represent the Crown for certain purposes 64
95. Extended area of operation 65
96. Objective of the Authority 65
97. Functions of the Authority 65
98. General powers and duties 66
99. Repeal of certain provisions 66
100. Acquisition of land 66
101. New section 19A inserted 66
19A. Creation of easements 66
102. Authority may surrender land to the Crown 67
103. Disposing of land in other ways 67
104. Planning powers of the Authority 67
105. Tendering and other procedures 67
106. Indemnity 67
107. Section 36 substituted 68
36. Docklands Fund 68
108. Finances 68
109. Minister may appoint advisory committee 69
110. Sections 44 to 47 repealed and new section 44 substituted 69
44. Documents relating to municipal functions not exempt 69
111. Evidence 69
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Clause Page
112. Service of documents 70
113. Other laws not affected 70
114. Regulations 70
115. Schedules 2 and 3 repealed 70
Division 3--Consequential amendments to other Acts 70
116. Amendment to the Borrowing and Investment Powers Act
1987 70
117. Amendment to the Emergency Management Act 1986 70
118. Amendment to the Environment Protection Act 1970 71
119. Amendment to the Land Tax Act 1958 71
120. Amendment to the Melbourne and Metropolitan Board of
Works Act 1958 72
121. Amendment to the Melbourne City Link Act 1995 72
122. Amendment to the Metropolitan Fire Brigades Act 1958 73
123. Amendment to the Public Holidays Act 1993 73
124. Amendment to the Transport Act 1983 74
125. Amendment to the Treasury Corporation of Victoria Act 1992 74
126. Amendment to the Victoria Grants Commission Act 1976 74
ENDNOTES 76
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551053B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 29 April 2003
A BILL
to establish the Victorian Urban Development Authority to carry out
urban development, develop the docklands area and undertake
declared projects, to provide for special powers in relation to declared
projects, to repeal the Urban and Regional Land Corporation Act
1997, to amend the Docklands Authority Act 1991 and other Acts
and for other purposes.
Victorian Urban Development
Authority Act 2003
The Parliament of Victoria enacts as follows:
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Victorian Urban Development Authority Act 2003
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to establish the
Victorian Urban Development Authority--
5 (a) to carry out urban development; and
(b) to develop the docklands area; and
(c) to undertake declared projects; and
(d) to assist in the implementation of
government urban development policies and
10 strategies (including Melbourne 2030).
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation on or
15 before 1 July 2004, it comes into operation on that
day.
3. Definitions
In this Act--
"Authority" means the Victorian Urban
20 Development Authority established by this
Act;
"board" means the board of directors of the
Authority;
"building" includes--
25 (a) a structure and part of a building or a
structure; and
(b) fences, walls, out-buildings, service
installations and other appurtenances of
a building; and
30 (c) a boat or a pontoon which is
permanently moored or fixed to land;
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Victorian Urban Development Authority Act 2003
Act No.
Part 1--Preliminary
s. 3
"declared project" means a development or
proposed development declared by a project
order to be a project to which this Act
applies;
5 "development" includes--
(a) the construction or carrying out,
extension, demolition or removal of a
building or works;
(b) the decoration or alteration of the inside
10 or outside of a building or the alteration
of works;
(c) the subdivision or consolidation of land
airspace or buildings;
(d) the installation or provision or
15 operation of facilities or services;
(e) the relocation, deepening or widening
of a waterway;
"docklands area" has the same meaning as in the
Docklands Act 1991;
20 "holding and selling costs" in relation to land in
a project area means--
(a) any interest, administrative or other
costs incurred by the Authority in or
incidental to developing the land or
25 selling it; and
(b) any proportion of the costs incurred by
the Authority in promoting the whole or
part of the project area, that is a
proportion that the Authority
30 determines after considering the
comparative areas of the land sold and
the land promoted;
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Victorian Urban Development Authority Act 2003
Act No.
Part 1--Preliminary
s. 3
"land" includes--
(a) buildings and other structures
permanently fixed to land; and
(b) land covered with water; and
5 (c) any estate, interest, easement, servitude,
privilege or right in or over land;
"limitations" in relation to land means trusts,
reservations, restrictions, exceptions,
encumbrances, limitations, rights, privileges,
10 estates and interests;
"project area" means an area of land specified in
a project order as the project area for the
purposes of a declared project;
"project order" means an order under section 34;
15 "public statutory body" means a body
established by or under an Act for a public
purpose or a municipal council;
"road" includes bridge, highway, street, lane,
footway, bicycle path, pedestrian walkway,
20 square, court, alley or right of way, whether
accessible to the public generally or not;
"staff" means any person who is employed or
engaged by the Authority under section 16;
"works" includes any change to the natural or
25 existing condition or topography of land
including the removal, destruction or lopping
of trees and the removal of vegetation or
topsoil and land reclamation and land
decontamination.
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Victorian Urban Development Authority Act 2003
Act No.
Part 1--Preliminary
s. 4
4. Does the Authority represent the Crown?
Except as expressly provided--
(a) in section 6 of the Docklands Act 1991; or
(b) in section 36 of this Act--
5 the Authority does not represent the Crown.
__________________
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Victorian Urban Development Authority Act 2003
Act No.
Part 2--Victorian Urban Development Authority
s. 5
PART 2--VICTORIAN URBAN DEVELOPMENT
AUTHORITY
Division 1--Establishment
5. Establishment
5 (1) There is established an authority by the name of
"Victorian Urban Development Authority".
(2) The Authority--
(a) is a body corporate with perpetual
succession;
10 (b) has an official seal;
(c) may sue and be sued;
(d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all acts and things that a
15 body corporate may by law do and suffer.
(3) All courts must take judicial notice of the seal of
the Authority affixed to a document and, until the
contrary is proved, must presume that it was duly
affixed.
20 (4) The official seal of the Authority must be kept in
such custody as the Authority directs and must not
be used except as authorised by the Authority.
6. Authority may trade as VicUrban
Despite anything to the contrary in the Business
25 Names Act 1962 or any other Act or law, the
Authority may carry on business under the name
"VicUrban".
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Victorian Urban Development Authority Act 2003
Act No.
Part 2--Victorian Urban Development Authority
s. 7
Division 2--Functions and Powers
7. Functions
(1) The functions of the Authority are--
(a) to purchase, consolidate, take on transfer or
5 otherwise acquire land in metropolitan and
regional areas for development for urban
purposes;
(b) to carry out development of land alone or in
partnership or to enter into arrangements or
10 agreements for the development of land;
(c) to develop land in Victoria for residential
and other urban purposes to provide a
competitive market for land in Victoria;
(d) to promote best practice in urban and
15 community design and development, having
regard to links to transport services and
innovations in sustainable development;
(e) to assist in the implementation of
government urban development policies and
20 strategies;
(f) to contribute to improvements in housing
affordability in Victoria;
(g) to provide consultancy services in relation to
the development of land whether within or
25 outside Victoria or outside Australia;
(h) to undertake and manage declared projects
on behalf of the Crown;
(i) any other functions conferred on the
Authority by this Act;
30 (j) the functions conferred on the Authority by
the Docklands Act 1991;
(k) any functions conferred on the Authority by
any other Act.
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Victorian Urban Development Authority Act 2003
Act No.
Part 2--Victorian Urban Development Authority
s. 8
(2) The functions of the Authority under this Act are
to be carried out on a commercial basis.
8. Powers of the Authority
(1) The Authority may--
5 (a) purchase, take on transfer or otherwise
acquire or dispose of real or personal
property, and may dispose of any such
property acquired by it;
(b) enter into contracts, agreements, leases and
10 licences for the carrying out of its functions;
(c) act as agent of another person.
(2) In addition to the powers in sub-section (1), the
Authority has--
(a) the powers conferred on the Authority by the
15 Docklands Act 1991;
(b) the power to do all things necessary or
convenient to be done for or in connection
with, or as incidental to, the performance of
its functions.
20 9. Authority subject to the direction and control of the
Minister
(1) The Authority is subject to the general direction
and control of the Minister.
(2) The Authority is subject to any specific direction
25 given to it by the Minister with the approval of the
Treasurer.
10. Non-commercial functions
(1) Despite section 7(2), the Minister, with the
approval of the Treasurer, may direct the board--
30 (a) to perform certain functions that the Minister
considers to be in the public interest but may
cause the Authority to suffer financial
detriment; or
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Victorian Urban Development Authority Act 2003
Act No.
Part 2--Victorian Urban Development Authority
s. 11
(b) to cease to perform functions of a kind
referred to in paragraph (a); or
(c) to cease to perform certain functions that the
Minister considers not to be in the public
5 interest.
(2) The board must comply with a direction given
under sub-section (1).
(3) The reference in this section to suffering financial
detriment includes a reference to incurring net
10 costs that are greater than would have been
incurred if the direction were not complied with.
11. Delegation
(1) Subject to sub-section (2), the Authority may by
instrument delegate all or any of its functions,
15 powers or duties under this Act or the Docklands
Act 1991 or any other Act or under an agreement
made under this Act or the Docklands Act 1991
to--
(a) the chairperson of the Authority; or
20 (b) a director or group of directors of the
Authority; or
(c) a member of staff of the Authority (by name
or as the holder of a named position); or
(d) with the Minister's consent, any other person,
25 by name or as the holder of a named
position.
(2) Sub-section (1) does not apply to--
(a) the power of delegation conferred on the
Authority by this section;
30 (b) the power conferred on the Authority under
section 50 of this Act;
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Victorian Urban Development Authority Act 2003
Act No.
Part 2--Victorian Urban Development Authority
s. 12
(c) the powers conferred on the Authority under
sections 25, 35D, 35E and 54 of the
Docklands Act 1991.
12. Authority may enter into joint ventures etc.
5 (1) Without limiting the generality of the powers
referred to in section 8, the Authority may do all
or any of the following--
(a) form, or participate in the formation of, a
corporation, trust, partnership or other body;
10 (b) subscribe for, or otherwise acquire, and hold
and dispose of shares in, or debentures or
other securities of, a corporation;
(c) subscribe for, or otherwise acquire, and hold
and dispose of, units in a trust;
15 (d) act as a trustee;
(e) acquire and hold and dispose of an interest in
a partnership or other body;
(f) enter into any contract or arrangement with a
person for the sharing of profits, union of
20 interest, co-operation, joint venture,
reciprocal concessions or otherwise.
(2) If the total investment involved in an activity
authorised under sub-section (1) exceeds
$5 000 000 the Authority must obtain the approval
25 of the Minister and the Treasurer.
13. Reciprocal arrangements with public sector agencies
(1) With the consent of the Governor in Council
given on the Minister's recommendation the
Authority may enter into an agreement or
30 arrangement with a Minister, government
department or public statutory body ("Public
Sector Agency") concerning--
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Victorian Urban Development Authority Act 2003
Act No.
Part 2--Victorian Urban Development Authority
s. 14
(a) the carrying out by the Authority and the
Public Sector Agency of any of their
respective functions or powers; or
(b) the carrying out or providing by the
5 Authority for the Public Sector Agency, or
by the Public Sector Agency for the
Authority of any works or services; or
(c) the use or joint use by the Authority and the
Public Sector Agency of their respective
10 facilities or the services of their respective
staff; or
(d) the allocating of funds collected under the
agreement or arrangement.
(2) If the Authority proposes to enter into an
15 agreement or arrangement providing for the
allocation of funds to be collected under the
agreement or arrangement, the Minister must
consult the Treasurer about the proposal before
making any recommendation under sub-section
20 (1).
14. Grant of land to Authority
(1) The Governor in Council, on the recommendation
of the Minister, the Treasurer and the Minister for
the time being administering section 12 of the
25 Land Act 1958, may grant any unalienated land
of the Crown to the Authority subject to any
conditions, reservations and exceptions that the
Governor in Council thinks fit.
(2) If the Authority sells any land granted to it under
30 this section, the net proceeds of the sale of the
land less any administrative costs, interest and
other amounts expended by the Authority for or in
relation to the development and sale of the land
must be paid to the Consolidated Fund.
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Victorian Urban Development Authority Act 2003
Act No.
Part 2--Victorian Urban Development Authority
s. 15
15. Approval required for acquisition of private land
(1) Despite section 8, the Authority must obtain the
approval of the Minister and the Treasurer before
purchasing, taking on transfer or otherwise
5 acquiring land if the value of the land exceeds
$5 000 000.
(2) This section does not apply to land--
(a) acquired under the Docklands Act 1991; or
(b) acquired under Part 3 of this Act; or
10 (c) owned by the Crown, a public authority, a
municipal council or the Commonwealth.
16. Staff
(1) The Authority may--
(a) employ people; or
15 (b) enter into agreements or arrangements for
the Authority to make use of the services of
people--
on terms and conditions (including payment for
services) determined by the Authority.
20 (2) The Authority may, in accordance with those
terms and conditions, terminate any employment,
engagement, agreement or arrangement under
sub-section (1).
(3) A person is not subject to the Public Sector
25 Management and Employment Act 1998 in
respect of the person's employment or engagement
by the Authority under sub-section (1).
(4) Any employees that are necessary for the purposes
of this Act may be employed under Part 3 of the
30 Public Sector Management and Employment
Act 1998.
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Victorian Urban Development Authority Act 2003
Act No.
Part 2--Victorian Urban Development Authority
s. 17
(5) A person who at the time of appointment as a
director of the Authority or a member of its staff
was an officer within the meaning of the State
Superannuation Act 1988 continues, subject to
5 that Act, to be an officer within the meaning of
that Act.
Division 3--The Board
17. The board
(1) There shall be a board of directors of the
10 Authority.
(2) The board--
(a) is responsible for the management of the
affairs of the Authority; and
(b) may exercise the powers of the Authority.
15 18. Constitution of the board
The board shall consist of--
(a) a chairperson;
(b) a deputy chairperson;
(c) no more than 7 other directors.
20 19. Appointment of directors
(1) The chairperson, deputy chairperson and other
directors of the Authority shall be appointed by
the Governor in Council.
(2) The Public Sector Management and
25 Employment Act 1998 does not apply to a
director of the Authority in respect of the office of
director.
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Victorian Urban Development Authority Act 2003
Act No.
Part 2--Victorian Urban Development Authority
s. 20
20. Terms and conditions of appointment
(1) A director of the Authority shall be appointed for
such term, not exceeding 5 years, as is specified in
the instrument of appointment, but is eligible for
5 re-appointment.
(2) A director of the Authority holds office, subject to
this Act, on such terms and conditions as are
determined by the Minister.
(3) The Governor in Council may at any time remove
10 a director from office.
21. Acting appointments
(1) When--
(a) the office of chairperson of the board is
vacant; or
15 (b) the chairperson of the board is absent from
Victoria or is, for any reason, unable to
attend meetings of the board or otherwise
unable to perform the duties of the office--
the deputy chairperson of the board must act as
20 chairperson.
(2) While the deputy chairperson of the board is
acting as chairperson, the deputy chairperson has
and may exercise all the powers and must perform
all the duties of the chairperson.
25 (3) The Minister may appoint a director of the
Authority to act as deputy chairperson of the
board--
(a) during a vacancy in the office of deputy
chairperson; or
30 (b) during any period, or during all periods,
when the deputy chairperson is acting as
chairperson or is unable, for any reason, to
attend meetings of the board.
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Victorian Urban Development Authority Act 2003
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Part 2--Victorian Urban Development Authority
s. 22
(4) The Minister may appoint a person to act as a
director (other than the chairperson or deputy
chairperson) of the Authority--
(a) during a vacancy in the office of such a
5 director; or
(b) during any period, or during all periods,
when such a director is acting as deputy
chairperson or is unable, for any reason, to
attend meetings of the board.
10 22. Chief executive
(1) The board, with the approval of the Minister, may
appoint a person as the chief executive of the
Authority.
(2) The chief executive of the Authority may be a
15 director of the Authority but may not be the
chairperson or the deputy chairperson.
(3) The chief executive of the Authority holds office
on such terms and conditions as are determined by
the board with the approval of the Minister.
20 (4) The board, with the consent of the Minister, may
remove the chief executive of the Authority from
office.
23. Vacancies, resignations, removal from office
(1) The office of a director of the Authority becomes
25 vacant if the director--
(a) without the board's approval, fails to attend 3
consecutive meetings of the board; or
(b) becomes an insolvent under administration
within the meaning of the Corporations Act;
30 or
(c) is convicted of an indictable offence or an
offence which, if committed in Victoria,
would be an indictable offence.
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Victorian Urban Development Authority Act 2003
Act No.
Part 2--Victorian Urban Development Authority
s. 24
(2) A director of the Authority may resign by writing
delivered to the Minister.
(3) If a director of the Authority--
(a) is convicted of an offence relating to his or
5 her duties as a director; or
(b) fails, without reasonable excuse, to comply
with section 29--
the director must be removed from office by the
Governor in Council.
10 24. Validity of decisions
(1) An act or decision of the board is not invalid
merely because of--
(a) a defect or irregularity in, or in connection
with, the appointment of a director of the
15 Authority; or
(b) a vacancy in the membership of the board,
including a vacancy arising from the failure
to appoint an original director.
(2) Anything done by or in relation to a person
20 purporting to act as chairperson, deputy
chairperson or as a director is not invalid merely
because--
(a) the occasion for the appointment had not
arisen; or
25 (b) there was a defect or irregularity in relation
to the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not
arisen or had ceased.
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Victorian Urban Development Authority Act 2003
Act No.
Part 2--Victorian Urban Development Authority
s. 25
25. Proceedings of the board
(1) Subject to sub-section (2), meetings of the board
shall be held at such times and places as the board
determines.
5 (2) The chairperson of the Authority may at any time
convene a meeting but must do so when requested
by a director of the Authority.
(3) A majority of the directors for the time being of
the Authority constitute a quorum of the board.
10 (4) A question arising at a meeting of the board shall
be determined by a majority of votes of directors
of the Authority present and voting on that
question and, if voting is equal, the person
presiding has a casting, as well as a deliberative,
15 vote.
(5) The board must ensure that minutes are kept of
each of its meetings.
(6) Subject to this Act, the board may regulate its own
proceedings.
20 26. Sub-committees
(1) The board may establish sub-committees, whether
of its directors or not.
(2) The board may determine the functions,
membership and procedure of a sub-committee,
25 determine the terms of appointment of its
members and dissolve a sub-committee.
27. Participation in meetings by telephone etc.
(1) The Authority may permit its directors to
participate in a particular meeting, or all meetings
30 by--
(a) telephone; or
(b) closed-circuit television; or
(c) any other means of communication.
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Act No.
Part 2--Victorian Urban Development Authority
s. 28
(2) A director who participates in a meeting under a
permission under sub-section (1) is deemed to be
present at the meeting.
28. Resolutions without meetings
5 (1) If--
(a) the Authority has taken reasonable steps to
give notice to each director setting out the
terms of a proposed resolution; and
(b) a majority of directors for the time being of
10 the board sign a document containing a
statement that they are in favour of the
resolution in the terms set out in the
document--
a resolution in those terms is deemed to have been
15 passed at a meeting of the board held on the day
on which the document is signed or, if the
directors referred to in paragraph (b) do not sign it
on the same day, on the day on which the last of
those directors signs the document.
20 (2) For the purposes of sub-section (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one or
more directors, are deemed to constitute one
document.
25 (3) If a resolution is deemed by this section to have
been passed at a meeting of the board, each
director must as soon as practicable be advised of
the matter and given a copy of the resolution.
(4) The majority of directors referred to in sub-section
30 (1)(b) must not include a director who, because of
section 29, is not entitled to vote on the resolution.
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29. Disclosure of interests
(1) If--
(a) a director of the Authority has a direct or
indirect pecuniary interest in a matter being
5 considered, or about to be considered, by the
board; and
(b) the interest could conflict with the proper
performance of the director's duties in
relation to the consideration of the matter--
10 the director, as soon as practicable after the
relevant facts come to the director's knowledge,
must disclose the nature of the interest at a
meeting of the board.
(2) A disclosure under sub-section (1) must be
15 recorded in the minutes of the meeting and, unless
the Minister or the board otherwise determines,
the director--
(a) must not be present during any deliberation
of the board in relation to the matter; and
20 (b) must not take part in any decision of the
board in relation to the matter.
(3) For the purpose of the making of a determination
by the board under sub-section (2) in relation to a
director who has made a disclosure under sub-
25 section (1), a director who has a direct or indirect
pecuniary interest in the matter to which the
disclosure relates--
(a) must not be present during any deliberation
of the board for the purpose of making the
30 determination; and
(b) must not take part in the making by the board
of the determination.
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(4) Sub-sections (1) and (2) do not apply in relation to
a matter relating to the supply of goods and
services to the director if the goods or services
are, or are to be, available to members of the
5 public on the same terms and conditions.
30. Duties of directors
(1) A director of the Authority must at all times act
honestly in the performance of the functions of his
or her office.
10 (2) A director of the Authority must at all times
exercise a reasonable degree of care and diligence
in the performance of his or her functions.
(3) A director, or former director, of the Authority
must not make improper use of information
15 acquired by virtue of his or her position as a
director to gain, directly or indirectly, an
advantage for himself or herself or for any other
person or to cause detriment to the Authority.
(4) A director of the Authority must not make
20 improper use of his or her position as a director to
gain, directly or indirectly, an advantage for
himself or herself or for any other person or to
cause detriment to the Authority.
(5) This section has effect in addition to, and not in
25 derogation of, this Act or any other Act or law
relating to the criminal or civil liability of a
member of the governing body of a corporation
and does not prevent the institution of any
criminal or civil proceedings in respect of such a
30 liability.
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31. Authority or Minister may bring proceedings
If a person contravenes section 30 in relation to
the Authority, the Authority or the Minister, in the
name of the Authority, may recover from the
5 person as a debt due to the Authority by action in
a court of competent jurisdiction either or both of
the following--
(a) if that person, or any other person, made a
profit as a result of the contravention, an
10 amount equal to that profit;
(b) if the Authority has suffered loss or damage
as a result of the contravention, an amount
equal to that loss or damage.
32. Authority not to make loans to directors
15 (1) The powers of the Authority do not include a
power, whether directly or indirectly--
(a) to make a loan to a director of the Authority,
a spouse of such a director, or a relative (as
defined in the Corporations Act) of such a
20 director or spouse; or
(b) to give a guarantee or provide security in
connection with a loan made or to be made
by another person to a director, spouse or
relative referred to in paragraph (a).
25 (2) Nothing in sub-section (1) prohibits the Authority
entering into an agreement or arrangement with a
person referred to in sub-section (1) if similar
agreements or arrangements are entered into by
the Authority with members of the public on the
30 same terms and conditions.
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33. Limitations on indemnity
(1) The powers of the Authority do not include a
power to exempt, whether directly or indirectly, a
director of the Authority from, or to indemnify
5 (whether by paying a premium in respect of a
contract of insurance or otherwise) a director of
the Authority against, any liability that by law
would otherwise attach to the director in respect
of a wilful breach of duty or breach of trust of
10 which the director may be guilty in relation to the
Authority.
(2) Nothing in this section is intended to limit the
operation of section 35J of the Docklands Act
1991.
__________________
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s. 34
PART 3--POWERS RELATING TO DECLARED PROJECTS
Division 1--Declared Projects
34. Project order
(1) The Governor in Council, on the recommendation
5 of the Minister, may, by order published in the
Government Gazette, declare a development or
proposed development to be a project to which
this Act applies.
(2) A project order must specify--
10 (a) the provisions of Divisions 2, 3, 4, 5 and 6
which are to apply in relation to a declared
project; and
(b) the area of land (whether by reference to a
map or otherwise) which is to be the project
15 area for the purposes of the declared project.
(3) The Minister must obtain the approval of the
Treasurer before making a recommendation under
this section.
(4) In determining whether to make a
20 recommendation under this section, the Minister
must have regard to--
(a) the functions and powers of the Authority;
and
(b) the current corporate plan of the Authority.
25 (5) This Part does not apply to the docklands area.
35. Application of Act
(1) A provision of Division 2, 3, 4, 5 or 6 does not
apply to a declared project unless that provision is
specified in the project order relating to the
30 project.
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(2) A function or power conferred on a Minister or
the Authority by a project order is additional to
and does not derogate from any other function or
power of the Minister or the Authority under this
5 Act or the Docklands Act 1991 or any other Act
or law.
36. Authority represents the Crown in relation to project
In undertaking and managing a declared project
under this Part, the Authority represents the
10 Crown.
37. Authority to surrender land
If land in a project area is vested in the Authority
immediately before the project order is made, the
Authority must, without delay, surrender the land
15 to the Crown.
38. This Part binds the Crown
This Part binds the Crown.
Division 2--Obtaining Land
39. Surrender or divesting of land of other bodies
20 (1) The Governor in Council, by Order published in
the Government Gazette, may--
(a) require a public statutory body in which land
in the project area is vested to surrender part
or all of the land to the Crown; or
25 (b) divest land in the project area from a public
statutory body--
for the purposes of a declared project.
(2) A public statutory body must comply with a
requirement under sub-section (1)(a).
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(3) On--
(a) the conveyance to the Crown or the
registration of an instrument of transfer and
surrender to the Crown of land that a public
5 statutory body is required to surrender under
sub-section (1)(a); or
(b) the publication in the Government Gazette of
an Order under sub-section (1)(b)--
the land concerned is deemed to be unalienated
10 land of the Crown and, subject to sub-section (4),
is freed and discharged from all limitations.
(4) The divesting or surrender of land under this
section does not affect any reservation of the land
under the Crown Land (Reserves) Act 1978.
15 (5) A power may only be exercised under sub-section
(1) on the joint recommendation of the Minister
and the Minister administering the Act under
which the public statutory body is created.
40. Grant of land to the Authority
20 (1) The Governor in Council, on behalf of the Crown,
may grant to the Authority for an estate in fee
simple--
(a) land divested or surrendered under this Part;
or
25 (b) any other land in the project area that is or is
deemed to be unalienated land of the Crown
and is not reserved under the Crown Land
(Reserves) Act 1978.
(2) As a condition of granting land to the Authority,
30 the Minister may require it to agree to pay into the
Consolidated Fund or, if the land was surrendered
by or divested from a public statutory body, to
that body, the net proceeds of any sale of that land
by the Authority, less any holding and selling
35 costs.
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(3) The payment referred to in sub-section (2) must
be made at the times or over the period
determined by the Minister.
(4) The grant--
5 (a) if it is of land covered with waters of the sea,
must be limited to a depth of 60 metres
below high water mark; and
(b) if it is for other land, must be limited to a
depth of 60 metres below the surface of the
10 land; and
(c) may contain any other terms, covenants,
conditions or limitations that the Governor in
Council determines.
(5) Land may be granted to the Authority with or
15 without consideration being given by the
Authority.
(6) Sections 339A and 339B of the Land Act 1958
apply to a grant of land under this section as if it
were a grant of land in fee simple under that Act.
20 41. Acquisition by agreement
(1) For the purposes of a declared project, the
Authority may acquire by agreement an interest in
land on any terms (including consideration) that
the Authority considers appropriate.
25 (2) Any interest in land acquired by the Authority
under this section vests in the Crown and is
deemed to be unalienated land of the Crown.
(3) The Authority must obtain the approval of the
Minister and the Treasurer to an acquisition under
30 this section if the value of the interest to be
acquired exceeds $5 000 000.
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42. Compulsory acquisition of land
(1) For the purposes of a declared project, the
Authority, with the approval of the Minister
administering the Planning and Environment
5 Act 1987, may acquire an interest in land by
compulsory process.
(2) The Land Acquisition and Compensation Act
1986 applies to sub-section (1) and for that
purpose--
10 (a) sub-section (1) is the special Act; and
(b) the Victorian Urban Development Authority
is the Authority.
(3) In determining the amount of compensation to be
paid for the compulsory acquisition of land by the
15 Authority, no allowance is to be made for the
enhancement of the value of the land attributable
to any action of the Authority.
(4) Any interest in land acquired by the Authority
under this section--
20 (a) vests in the Crown under section 24 of the
Land Acquisition and Compensation Act
1986 despite anything to the contrary in that
section; and
(b) is deemed to be unalienated land of the
25 Crown.
(5) The Authority must obtain the approval of the
Minister and the Treasurer to an acquisition under
this section if the value of the interest to be
acquired exceeds $5 000 000.
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Division 3--Compensation for surrendered or divested land
43. Right to compensation on surrender or divesting
(1) Subject to this Act and the Land Acquisition and
Compensation Act 1986, every person (other
5 than a public statutory body) who immediately
before the publication of an order under section 39
had a legal or equitable estate or interest in land to
which the order applies, has a claim for
compensation.
10 (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 the order were a
notice of acquisition of that estate or interest or
15 right and the Minister had acquired that estate or
interest or right on behalf of the Crown.
(3) In determining the amount of compensation to be
paid under this section, no allowance is to be
made for the enhancement of the value of the land
20 attributable to any action of the Authority.
Division 4--Activities on land
44. Land management and use
(1) This section applies to land in the project area that
is--
25 (a) Crown land; or
(b) land owned by the Authority.
(2) The Authority may--
(a) grant leases or licences over land to which
this section applies; or
30 (b) exercise any of its other functions or powers
over land to which this section applies.
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(3) A lease or licence granted by the Authority over
Crown land must be consistent with any
reservation of the land.
(4) The Authority may grant an easement or privilege
5 over land owned by the Authority.
45. Revocation of permanent and temporary reservations
(1) Subject to sub-section (3), the Governor in
Council, on the recommendation of the Minister
and the Minister administering the Crown Land
10 (Reserves) Act 1978, may by Order published in
the Government Gazette declare that the
temporary or permanent reservation under that
Act of land which is in the project area and which
is described in the Order is revoked.
15 (2) On the publication in the Government Gazette of
an Order under sub-section (1)--
(a) any Order in Council reserving the land and
any appointment of a committee of
management for the land are revoked; and
20 (b) unless the Order otherwise provides, the land
is, despite any Act or law to the contrary,
deemed to be unalienated land of the Crown,
freed and discharged from all limitations;
and
25 (c) if the Order states that this paragraph applies,
any Crown grant of that land made before
the date of publication of the Order, and any
other title document deriving from the grant
is, and must be taken always to have been, as
30 valid and effective as if the reservation of
that land had been revoked before the grant
was made.
(3) This section does not apply to land reserved under
paragraph (k), (l), (m), (n), (o), (t), (v), (w), (x),
35 (zb), (zd), (ze) or (zf) of section 4 of the Crown
Land (Reserves) Act 1978.
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46. Power to enter land
(1) The Authority may, by instrument, authorise a
person to enter land in the project area for the
purposes of this section.
5 (2) The Authority must issue an identity card to each
person authorised under this section.
(3) An identity card must contain a photograph of the
person to whom it is issued.
(4) A person authorised by the Authority under this
10 section may enter land in the project area for the
purpose of--
(a) carrying out surveys or investigations
connected with the development of the
project area; or
15 (b) doing on the Authority's behalf anything the
Authority is authorised to do on that land in
carrying out its functions or powers in
relation to the project area.
(5) The Authority must give 7 days notice in writing
20 to the occupier of the land to be entered before
entry occurs.
(6) A notice under sub-section (5) must--
(a) contain the reasons for entering the land; and
(b) reproduce this section.
25 (7) A person may enter land under this section earlier
than the expiration of 7 days if the occupier
consents to the entry.
(8) The Authority need not give notice in writing
under this section in an emergency.
30 (9) A person must not under this section enter land
used primarily for residential purposes except
between 7.30 a.m. and 6.00 p.m. unless the
occupier consents to the entry.
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(10) In exercising a power under sub-section (4), a
person must--
(a) identify himself or herself by producing the
identity card issued to that person under this
5 section;
(b) cause as little harm and inconvenience as
possible;
(c) not stay on the land for any longer than it is
reasonably necessary;
10 (d) remove from the land anything brought on to
the land by the person in the exercise of the
power, other than anything that the owner or
occupier of the land agrees may be left there;
(e) leave the land as nearly as possible in the
15 condition in which he or she found it.
Division 5--Disposing of and other dealings with land
47. Authority may surrender land to the Crown
(1) The Authority is an authority for the purposes of
section 22A of the Land Act 1958 in relation to
20 land in the project area.
(2) The powers to surrender land or to agree to the
transfer or exchange of land conferred on the
Authority by section 22A of the Land Act 1958
as applied by this section are in addition to and do
25 not derogate from any of the Authority's other
functions or powers and any other provisions of
this Part.
48. Disposing of land
The Authority may dispose of its interest in fee
30 simple in any land in the project area on any terms
(including consideration) that it considers
appropriate.
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49. Agreements that run with the land
(1) The Authority may enter into an agreement
with--
(a) an owner of land in the project area; or
5 (b) any person in anticipation of that person
becoming an owner of land in the project
area--
concerning the use or development of the land.
(2) Division 2 of Part 9 of the Planning and
10 Environment Act 1987 applies to an agreement
under sub-section (1) as if--
(a) it were an agreement under that Division;
(b) it referred to the Authority instead of the
responsible authority for the planning
15 scheme;
(c) section 174(2)(c) were omitted;
(d) sections 177(2), 178 and 179(1) referred to
the Minister administering the Victorian
Urban Development Authority Act 2003
20 instead of the Minister.
Division 6--Other powers
50. Charges
(1) With the prior approval of the Governor in
Council, the Authority may, by resolution, levy
25 charges on the owners, occupiers or licensees of
properties in the project area--
(a) for the supply of telecommunications or
other services provided by or by agreement
with the Authority; or
30 (b) for the promotion of the project area by the
Authority; or
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(c) for the maintenance or management by or by
agreement with the Authority of areas or
facilities for common use by groups of
properties or uses in the project area; or
5 (d) for the provision by or by agreement with the
Authority of the infrastructure necessary for
development of the project area or any part
of it.
(2) The charges--
10 (a) may be different for different classes of
properties;
(b) may vary according to the value or size of
land or the nature or extent of use of the
service or facility;
15 (c) may include minimum charges or a scale of
charges;
(d) need not relate directly to the cost of services
or facilities provided;
(e) may be concessional charges;
20 (f) may be waived in whole or in part on any
conditions that the Authority determines.
(3) A person liable under this section to pay a charge
in respect of a property and who would otherwise
be liable under another Act to pay a charge in
25 respect of the same property for the same matter is
not liable to pay that other charge, despite
anything to the contrary in any Act or law.
(4) Sub-section (3) also applies to charges levied by
bodies corporate created on plans of subdivision
30 as if the charges were levied under an Act.
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(5) For land that is not rateable under section 154 of
the Local Government Act 1989--
(a) a charge may only be levied under sub-
section (1)(a) in respect of the use of works
5 or services; and
(b) a charge may only be levied under sub-
section (1)(a) on the user of those works or
services.
(6) A charge which is levied in relation to land and is
10 unpaid and any unpaid interest on that charge and
any costs awarded to the Authority by a court in
any proceedings in relation to that charge or
interest are a first charge on the land.
(7) Sections 262, 263, 266 and Division 7 of Part 13
15 of the Water Act 1989 apply to a charge under
this section as if the Authority were an Authority
within the meaning of that Act and the charge
were a fee imposed under a tariff set by an
Authority under that Act.
20 51. How may a charge be levied?
(1) A resolution under this Part levying a charge has
no effect until the Authority causes the resolution
to be published in the Government Gazette and in
a newspaper circulating generally throughout
25 Victoria.
(2) A resolution levying a charge must state what the
charge is for, how long the charge has effect for,
how the charge is calculated, when it is due, on
what properties it is levied and who must pay it.
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52. Exemption from duty, rates, taxes or charges
(1) Despite anything to the contrary in any Act or
law, the Treasurer, on the Minister's
recommendation, may by instrument totally or
5 partially exempt the whole or a specified part of
the project area from any duty, rate, tax or charge
levied under this or any other Act in respect of
land.
(2) An exemption must state the time for which it
10 operates and may be subject to any conditions
specified in the instrument of exemption.
(3) The Minister must cause notice of an exemption
to be published in the Government Gazette.
(4) The Minister must obtain the written consent of
15 the person or body responsible for levying a duty,
rate, tax or charge (other than one payable into the
Consolidated Fund) before making a
recommendation under sub-section (1) in relation
to that duty, rate, tax or charge.
20 53. Transport facilities
(1) Within the project area the Authority may do all
or any of the following--
(a) construct, extend, realign, relocate, open,
operate, close or remove roads, railways,
25 transport facilities and tunnels;
(b) carry out separate works or facilities
associated with any of the things mentioned
in paragraph (a).
(2) Before the Authority does anything under sub-
30 section (1) to a road, railway, transport facility or
tunnel vested in or under the control of--
(a) the Roads Corporation; or
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(b) the Spencer Street Station Authority
established under the Rail Corporations Act
1996; or
(c) Victorian Rail Track established by
5 Division 2 of Part 2 of the Rail
Corporations Act 1996; or
(d) a metropolitan train operator or metropolitan
tram operator within the meaning of the Rail
Corporations Act 1996--
10 the Authority must get the approval of that
Corporation, Authority or other body.
(3) Without limiting sub-section (2), if under that sub-
section the Authority is required to get the
approval of Victorian Rail Track or the Spencer
15 Street Station Authority before doing anything
under sub-section (1), the Authority must also get
the approval of the Director of Public Transport
appointed under the Transport Act 1983 before
doing that thing.
20 (4) The Governor in Council may by Order published
in the Government Gazette provide for any
vesting or divesting of lands necessary because of
the exercise by the Authority of its powers under
sub-section (1).
25 (5) An Order under sub-section (4) may only be made
on the joint recommendation of the Minister
and--
(a) any other Minister administering an Act
affected by the Order; or
30 (b) any other Minister responsible for a body
whose land is affected by the Order.
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54. Closing roads
(1) A decision under this Part to close, realign or
relocate a road has no effect until the Authority
causes notice of it to be published in the
5 Government Gazette and in a newspaper
circulating generally throughout Victoria.
(2) On the publication under sub-section (1) of a
decision to close, realign or relocate a road--
(a) the land over which the closed, realigned or
10 relocated road ran ceases to be a road; and
(b) all rights, easements and privileges existing
or claimed either in the public or by any
body or person as incident to any express or
implied grant, or past dedication or supposed
15 dedication or by user or operation of law or
otherwise, cease; and
(c) that land is deemed to be unalienated land of
the Crown.
(3) The Authority may temporarily close a road in the
20 project area to traffic if it considers it necessary to
do so so that works on the road or neighbouring
land can be carried out.
55. Administration of Building Act 1993
(1) Despite anything to the contrary in the Building
25 Act 1993, the Minister may by Order declare that
the administration and enforcement in relation to
all or part of the project area of any of the
provisions of that Act and the regulations made
under that Act is to be carried out--
30 (a) by a person specified by the Minister; and
(b) in accordance with the directions of the
Minister.
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(2) An Order under sub-section (1) must be published
in the Government Gazette.
(3) The Building Act 1993 and the regulations made
under that Act apply for the purposes of this
5 section as if any reference to a council, municipal
building surveyor or relevant building surveyor
were a reference to the person specified in the
Order under this section.
(4) If, because of an Order under this section, a
10 person (in this sub-section called "the old person")
ceases to have the functions of a council,
municipal building surveyor or relevant building
surveyor under the Building Act 1993 or the
regulations made under that Act for the purposes
15 of this section and another person (in this sub-
section called "the new person") specified in that
Order acquires those functions--
(a) anything of a continuing nature done or
commenced by or in relation to the old
20 person in relation to those functions may be
done, or completed by or in relation to the
new person; and
(b) the old person must give to the new person
any document held by the old person that is
25 relevant to anything done by the old person
in relation to those functions; and
(c) anything done by or in relation to the old
person in relation to those functions that
concerns a matter of a continuing nature has
30 effect as if done by or in relation to the new
person.
(5) In this section "function" includes power,
discretion, authority and duty.
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Act No.
Part 3--Powers Relating to Declared Projects
s. 56
56. Negotiation bonds
(1) The Authority, with the approval of the Minister,
may, in writing, request any person to lodge a
negotiation bond with the Authority if the person
5 has expressed an interest--
(a) in the development of any precinct or any
part of a precinct of the project area; or
(b) in the provision of an item or combination of
items of trunk infrastructure in the project
10 area.
(2) A negotiation bond must not exceed $200 000 or,
if another amount is prescribed, that amount, for
each precinct or for each item or combination of
items of trunk infrastructure in respect of which
15 the person has expressed an interest.
(3) The request may provide that the negotiation
bond--
(a) must be in the form of a cash deposit; and
(b) is to be lodged subject to the conditions
20 specified by the Authority in the request,
including conditions relating to the
circumstances in which the bond may be
forfeited.
(4) If a person does not lodge a negotiation bond with
25 the Authority in accordance with a request under
this section within 7 days after the request is
made, the Authority may refuse to enter into any
arrangement or agreement under this Act with that
person in relation to--
30 (a) the development of the precinct or the
provision of trunk infrastructure; or
(b) any lease, licence or disposal of land in the
precinct or relating to the provision of trunk
infrastructure; or
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Act No.
Part 3--Powers Relating to Declared Projects
s. 56
(c) the use or development of land in the
precinct or relating to the provision of trunk
infrastructure.
(5) In this section--
5 "precinct" means any part of the project area
which the Authority by notice published in
the Government Gazette determines to be a
precinct of the project area;
"infrastructure" includes--
10 (a) roads and traffic works;
(b) sewerage, storm water drainage, water
supply, electricity, gas,
telecommunications and other like
services;
15 (c) works to improve water edges and
water quality;
(d) wharves, marinas and boat launching
and berthing facilities;
(e) light rail, tram and other public
20 transport works;
(f) public parks and public spaces and
related works;
(g) art works;
(h) education facilities and community
25 facilities, including kindergartens,
libraries, community centres, health
facilities and emergency service
facilities;
"trunk infrastructure" means any item of
30 infrastructure that provides benefits or
services to more than one precinct.
__________________
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Victorian Urban Development Authority Act 2003
Act No.
Part 4--Corporate Plan
s. 57
PART 4--CORPORATE PLAN
57. Corporate Plan
(1) The board must prepare a corporate plan for each
financial year.
5 (2) The board must give a copy of the proposed plan
to the Minister and the Treasurer on or before 31
May in each year.
(3) The proposed corporate plan must be in or to the
effect of a form approved by the Minister and the
10 Treasurer and must include--
(a) a statement of corporate intent in accordance
with section 58;
(b) a business plan containing such information
as the Minister or the Treasurer requires;
15 (c) financial statements containing such
information as the Treasurer requires.
(4) The board must consider any comments on the
proposed plan that are made to it by the Minister
or the Treasurer within 2 months after the plan
20 was submitted to the Minister and the Treasurer.
(5) The board must consult in good faith with the
Minister and the Treasurer following
communication to it of the comments, must make
such changes to the plan as are agreed between the
25 Minister, the Treasurer and the board and must
deliver the completed plan to the Minister and the
Treasurer within 2 months after the
commencement of the financial year.
(6) The plan, or any part of the plan, must not be
30 published or made available except for the
purposes of this Part without the prior approval of
the Minister and the Treasurer.
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Part 4--Corporate Plan
s. 58
(7) The plan may be modified at any time by the
board with the agreement of the Minister and the
Treasurer.
(8) If the board, by written notice to the Minister and
5 the Treasurer, proposes a modification of the plan,
the board may, within 14 days, make the
modification unless the Minister or the Treasurer,
by written notice to the board, directs the board
not to make it.
10 (9) The Treasurer, after consultation with the
Minister, may, from time to time, by written
notice to the board, direct the board to include in,
or omit from, a statement of corporate intent, a
business plan or a financial statement of a
15 specified kind, any specified matters.
(10) Before giving a direction under this section, the
Treasurer must consult with the board as to the
matters to be referred to in the notice.
(11) The board must comply with a direction under this
20 section.
(12) At any particular time, the statement of corporate
intent, the business plan or the financial
statements for the Authority are the statements
and plan last completed, with any modifications or
25 deletions made in accordance with this Part.
58. Statement of corporate intent--contents
Each statement of corporate intent must specify
for the Authority and its subsidiaries (if any), in
respect of the financial year to which it relates and
30 each of the 2 following financial years, the
following information--
(a) the business objectives of the Authority and
of its subsidiaries;
(b) the main undertakings of the Authority and
35 of its subsidiaries;
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Act No.
Part 4--Corporate Plan
s. 59
(c) the nature and scope of the activities to be
undertaken by the Authority and its
subsidiaries;
(d) the accounting policies to be applied in the
5 accounts;
(e) the performance targets and other measures
by which the performance of the Authority
and of its subsidiaries may be judged in
relation to their stated business objectives;
10 (f) the kind of information to be provided to the
Minister and the Treasurer by the Authority
during the course of those financial years;
(g) such other matters as may be agreed on by
the Minister, the Treasurer and the board
15 from time to time.
59. Corporate plan to be followed
The Authority must act only in accordance with
its corporate plan, as existing from time to time,
unless it has first obtained the written approval of
20 the Minister and the Treasurer to do otherwise.
60. Nothing void merely because of non-compliance
Nothing done by the Authority is void or
unenforceable merely because the Authority has
failed to comply with section 57, 58 or 59.
25 61. Board to give notice of significant events
If the board forms the opinion that matters have
arisen--
(a) that may prevent, or significantly affect,
achievement of the business objectives of the
30 Authority and its subsidiaries (if any) under
the corporate plan; or
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Act No.
Part 4--Corporate Plan
s. 61
(b) that may prevent, or significantly affect
achievement of the targets under the plan--
the board must immediately notify the Minister
and the Treasurer of its opinion and the reasons
5 for the opinion.
__________________
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Victorian Urban Development Authority Act 2003
Act No.
Part 5--Financial Provisions
s. 62
PART 5--FINANCIAL PROVISIONS
62. General Fund
(1) The Authority must establish and keep a fund
called the General Fund.
5 (2) There shall be paid into the General Fund--
(a) all money received by the Authority, or on
its behalf, in respect of, or in connection
with, the carrying out of its functions or
powers under this Act, except any function
10 or power relating to a declared project;
(b) all income from the investment of money in
the General Fund and the proceeds of sale of
any such investment;
(c) all other money that the Authority receives
15 for payment into the General Fund.
(3) The Authority may pay money out of the General
Fund--
(a) to pay any amounts payable by the Authority
in respect of its functions or powers under
20 this Act, except any function or power
relating to a declared project;
(b) to pay any costs and expenses incurred by
the Authority in relation to its functions or
powers under this Act, except any function
25 or power relating to a declared project;
(c) to repay any money borrowed by the
Authority under this Act for any purpose
(other than a declared project) or any other
liability of the Authority together with any
30 charges or interest on that money;
(d) for any other purpose authorised by this Act.
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Act No.
Part 5--Financial Provisions
s. 63
63. Project Fund
(1) The Authority must establish and keep a fund
called the Project Fund.
(2) There shall be paid into the Project Fund--
5 (a) all money received by the Authority, or on
its behalf, in respect of, or in connection
with, the carrying out of its functions or
powers under this Act relating to a declared
project;
10 (b) all income from the investment of money in
the Project Fund and the proceeds of sale of
any such investment;
(c) all other money that the Authority receives
for payment into the Project Fund.
15 (3) The Authority may pay money out of the Project
Fund--
(a) to pay any amounts payable by the Authority
in respect of its functions or powers under
this Act relating to a declared project;
20 (b) to pay any costs and expenses incurred by
the Authority in relation to its functions or
powers under this Act relating to a declared
project;
(c) to repay any money borrowed by the
25 Authority under this Act for any purpose
relating to a declared project together with
any charges or interest on that money.
64. Borrowing and investment by the Authority
The Authority has the powers conferred on it by
30 the Borrowing and Investment Powers Act
1987.
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Act No.
Part 5--Financial Provisions
s. 65
65. Capital
(1) The capital of the Authority is equal to the sum
of--
(a) the assets and liabilities vested in the
5 Authority under sections 81 and 85; and
(b) any part of the Authority's liabilities that is
converted into capital at the direction of the
Treasurer; and
(c) any amounts paid to the Authority out of
10 money appropriated by the Parliament for
the purpose of providing capital; and
(d) any part of the Authority's reserves that is
converted into capital at the direction of the
Treasurer after consultation with the board--
15 less any amount of capital repaid under sub-
section (2).
(2) The capital of the Authority is repayable to the
State at such times, and in such amounts, as the
Treasurer, after consultation with the Minister,
20 directs in writing after consultation with the
board.
(3) In giving such a direction, the Treasurer shall have
regard to any advice that the board has given to
the Treasurer in relation to the Authority's affairs.
25 66. Dividends
The Authority must pay to the State such amounts,
at such times and in such manner, as are
determined by the Treasurer after consultation
with the board and the Minister.
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s. 67
67. Exceptions from sections 88 and 88B of State Owned
Enterprises Act 1992
(1) Despite anything to the contrary in section 88 of
the State Owned Enterprises Act 1992, a
5 direction by the Treasurer to the Authority under
that section to enter the NTER does not apply in
relation to the following activities of the
Authority--
(a) any activity relating to the docklands area
10 (including any activity under Part 3A of the
Docklands Act 1991); and
(b) an activity relating to a declared project,
being an activity determined for the purposes
of this sub-section by the Minister, with the
15 approval of the Treasurer, and advised in
writing to the Authority.
(2) Despite anything to the contrary in section 88B of
the State Owned Enterprises Act 1992, that
section does not apply to any land owned by the
20 Authority in the docklands area or in a project
area.
(3) This section has effect despite anything to the
contrary in section 5 of the State Owned
Enterprises Act 1992.
25 (4) In this section, "NTER" has the same meaning as
in section 88 of the State Owned Enterprises
Act 1992.
__________________
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Victorian Urban Development Authority Act 2003
Act No.
Part 6--Reports by the Authority
s. 68
PART 6--REPORTS BY THE AUTHORITY
68. Reports to Minister or Treasurer
The Minister or the Treasurer may, in writing,
require the board to give the Minister or the
5 Treasurer such information as the Minister or the
Treasurer requires.
69. Annual report
The Authority, in its annual report for a financial
year under Part 7 of the Financial Management
10 Act 1994, must include--
(a) a copy of each direction given to it during
that year under section 9 together with a
statement of its response to the direction; and
(b) a copy of the statement of corporate intent
15 last completed.
__________________
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Victorian Urban Development Authority Act 2003
Act No.
Part 7--General
s. 70
PART 7--GENERAL
Division 1--Confidentiality
70. This Division binds the Crown
This Division binds the Crown.
5 71. Improper use of information
A person connected with the Authority must not
make improper use of information acquired
because of that person's connection with the
Authority--
10 (a) to gain directly or indirectly any pecuniary
advantage for himself or herself or anyone
else; or
(b) with intent to cause detriment to the
Authority irrespective of whether detriment
15 was caused.
Penalty: 50 penalty units.
72. Information to be confidential
A person connected with the Authority must not
make a record of, or divulge or communicate to
20 any person, information gained because of that
connection with the Authority except--
(a) in carrying out official duties; or
(b) in carrying out duties or obligations under
this Act or the Docklands Act 1991 or the
25 agreement or arrangement or as a participant
in relation to the undertaking; or
(c) with the consent of the Minister; or
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Part 7--General
s. 73
(d) to a court, in proceedings under this Act or
the Docklands Act 1991 or in relation to an
agreement or arrangement made under this
Act or the Docklands Act 1991.
5 Penalty: 50 penalty units.
73. Who is connected with the Authority?
For the purpose of sections 71 and 72, a person is
connected with the Authority if the person is or
has been--
10 (a) a director of the Authority or a member of its
staff; or
(b) a participant with the Authority in a body
(corporate or unincorporate), trust,
partnership, joint venture, or other joint
15 undertaking; or
(c) a party to an agreement or arrangement made
with the Authority.
Division 2--Evidence and Legal Proceedings
74. Proceedings
20 Proceedings for an offence under this Act or the
regulations may be brought by the Authority or a
person authorised in writing by the Authority to
do so either generally or in a particular case.
75. Evidence
25 (1) Proof is not required in the absence of evidence to
the contrary--
(a) of the constitution of the Authority, the due
appointment of its directors or the presence
of a quorum at its meetings;
30 (b) of the appointment of any member of the
Authority's staff;
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(c) of the validity of appointment of a person
purporting to act as delegate of the
Authority;
(d) that a document appearing to be issued by or
5 on behalf of the Authority was so issued;
(e) of the fixing of a charge by the Authority
under this Act;
(f) of the validity of the contents of the
Authority's records or minutes.
10 (2) A document appearing to be part of a resolution or
notice made or issued by the Authority under this
Act and appearing to be authenticated by the
Authority is admissible in evidence in any
proceedings and, in the absence of evidence to the
15 contrary, is proof that a resolution or notice in
those terms was duly made or issued by the
Authority.
(3) A document appearing to be issued by the
Authority or appearing to be signed by the
20 chairperson or chief executive of the Authority
and stating the amount, liability to pay, extent of
payment or other particulars relating to a charge
under this Act or the Docklands Act 1991 is, in
the absence of evidence to the contrary, proof of
25 the matters stated in the document.
(4) A document requiring authentication by the
Authority must be taken to be sufficiently
authenticated without the Authority's seal if
signed by the chairperson or chief executive of the
30 Authority or by another person authorised in
writing by the Authority to do so, either generally
or in a particular case.
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Act No.
Part 7--General
s. 76
76. Service of documents
(1) A document required or permitted to be served on
the Authority may be served by being left at its
principal office with a person authorised in
5 writing by the Authority to accept service of
documents on behalf of the Authority.
(2) A document required or permitted to be served by
the Authority on a person may be served--
(a) by delivering it personally to that person;
10 (b) by leaving it at that person's usual or last
known place of residence with a person
apparently over the age of 16 years and
apparently living there;
(c) by serving it by post addressed to that person
15 at the person's last known place of residence;
(d) if the person is an owner or occupier of land
whose name and address are not known to
the Authority--
(i) by leaving it at the land with a person
20 apparently over the age of 16 years and
apparently living there;
(ii) by putting it up on a conspicuous part
of the land;
(e) by serving it in any other prescribed way.
25 (3) If the name and address of the owner or occupier
of land are not known to the Authority, a
document may be addressed to the "owner" or
"occupier".
(4) If a document is served on the owner or occupier
30 of land the service is binding on any subsequent
owner or occupier as if actually served on that
person.
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s. 77
(5) A statutory declaration by a person who has
served or given a document to or on behalf of the
Authority stating the manner, place, date and time
the document was served or given is evidence of
5 the document having been served or given.
77. Other laws not affected
This Division adds to and does not take away
from any other Act, rule or law relating to
evidence or the service of documents.
10 Division 3--Duties of Registrar
78. Action by Registrar of Titles
On being requested to do so and on delivery of
any relevant instrument or document, the
Registrar of Titles must make any recordings in
15 the Register that are necessary because of the
operation of Part 3 or an Order made under that
Part.
Division 4--Regulations
79. Regulations
20 (1) The Governor in Council may make regulations
for or with respect to prohibiting or regulating--
(a) direct or indirect pecuniary interests of
directors of the Authority and those members
of staff of the Authority who are or are of a
25 class specified in the regulations in contracts
or proposed contracts with the Authority or
other matters considered by the Authority,
and the duties of persons in relation to those
interests;
30 (b) the disclosure or recording of information
about those interests;
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s. 79
(c) prescribing any matter or thing authorised or
required to be prescribed or necessary or
convenient to be prescribed for carrying this
Act into effect.
5 (2) The regulations--
(a) may be of general or limited application;
(b) may differ according to differences in time
place or circumstances;
(c) may leave anything to be determined or
10 approved by any person;
(d) may impose penalties not exceeding
10 penalty units for breach of the
regulations.
__________________
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Victorian Urban Development Authority Act 2003
Act No.
Part 8--Transitional Provisions
s. 80
PART 8--TRANSITIONAL PROVISIONS
80. Definitions
In this Part--
"Docklands Authority" means the Authority
5 established by the Docklands Authority Act
1991.
"URLC" means the Urban and Regional Land
Corporation established by the Urban and
Regional Land Corporation Act 1997.
10 81. Transitional--Docklands Authority
(1) On the commencement of this Act--
(a) the Docklands Authority is abolished and its
members go out of office; and
(b) the Authority is the successor in law of the
15 Docklands Authority; and
(c) all rights, assets, liabilities and obligations of
the Docklands Authority immediately before
its abolition become rights, assets, liabilities
and obligations of the Authority; and
20 (d) all moneys standing to the credit of the
General Fund of the Docklands Authority
become moneys standing to the credit of the
Docklands Fund of the Authority under the
Docklands Act 1991; and
25 (e) the Authority is substituted as a party in any
proceedings, contract, agreement or
arrangement commenced or made by or
against or in relation to the Docklands
Authority; and
30 (f) the Authority may continue and complete
any other continuing matter or thing
commenced by or against or in relation to the
Docklands Authority.
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Part 8--Transitional Provisions
s. 82
(2) An entitlement of a member or former member of
the Docklands Authority to be indemnified under
section 35J of the Docklands Act 1991 in respect
of anything done by the member or former
5 member before the commencement of this Act,
continues to apply to that member after that
commencement as though a reference to a director
of the Authority in section 35J were a reference to
the member or former member.
10 82. Transitional--staff of the Docklands Authority
(1) On the commencement of this Act all persons who
are employees of the Docklands Authority at that
commencement are deemed to be employees of
the Authority on the same terms and conditions
15 and with the same accrued and accruing
entitlements as applied to that person immediately
before that commencement as an employee of the
Docklands Authority.
(2) If sub-section (1) applies to a person--
20 (a) the service of the person as an employee
with the Authority is to be regarded for all
purposes as having been continuous with the
service of the employee with the Docklands
Authority; and
25 (b) the person is not entitled to receive any
payment or other benefit by reason only of
having ceased to be an employee of the
Docklands Authority.
(3) Nothing in this section prevents an employee of
30 the Docklands Authority from resigning or being
dismissed at any time after the commencement of
this Act in accordance with the terms and
conditions of his or her employment.
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Act No.
Part 8--Transitional Provisions
s. 83
83. Transitional--chief executive
(1) Despite section 22, the person who, immediately
before the commencement of this Act, was the
chief executive of the Docklands Authority under
5 the Docklands Authority Act 1991, is deemed to
be the chief executive of the Victorian Urban
Development Authority on the same terms and
conditions of appointment as those that applied to
that person as chief executive of the Docklands
10 Authority.
(2) The appointment of the chief executive under sub-
section (1) continues until the expiration of that
person's term of appointment.
(3) Nothing in this section prevents the chief
15 executive from resigning, or the termination of the
chief executive's appointment, at any time after
the commencement of this Act in accordance with
the terms and conditions of appointment of the
chief executive referred to in sub-section (1).
20 84. Transitional--reappointment to public service
If a person, immediately before the repeal of
section 47 of the Docklands Authority Act 1991,
was entitled under that section--
(a) to be employed under Part 3 of the Public
25 Sector Management and Employment Act
1998; or
(b) to have service with the Docklands Authority
taken into account for long service leave; or
(c) to continue to be an officer within the
30 meaning of the State Superannuation Act
1988--
he or she continues to be so entitled while serving
with the Authority after the commencement of this
Act.
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Part 8--Transitional Provisions
s. 85
85. Transitional--URLC
On the commencement of this Act--
(a) URLC is abolished and its directors go out of
office; and
5 (b) the Authority is the successor in law of
URLC; and
(c) all rights, assets, liabilities and obligations of
URLC immediately before its abolition
become rights, assets, liabilities and
10 obligations of the Authority; and
(d) all moneys standing to the credit of URLC
become moneys standing to the credit of the
General Fund of the Authority under this
Act; and
15 (e) the Authority is substituted as a party in any
proceedings, contract, agreement or
arrangement commenced or made by or
against or in relation to URLC; and
(f) the Authority may continue and complete
20 any other continuing matter or thing
commenced by or against or in relation to
URLC.
86. Transitional--staff of URLC
(1) On the commencement of this Act all persons who
25 are employees of URLC at that commencement
are deemed to be employees of the Authority on
the same terms and conditions and with the same
accrued and accruing entitlements as applied to
that person immediately before that
30 commencement as an employee of URLC.
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(2) If sub-section (1) applies to a person--
(a) the service of the person as an employee
with the Authority is to be regarded for all
purposes as having been continuous with the
5 service of the employee with URLC; and
(b) the person is not entitled to receive any
payment or other benefit by reason only of
having ceased to be an employee of URLC.
(3) Nothing in this section prevents an employee of
10 URLC from resigning or being dismissed at any
time after the commencement of this Act in
accordance with the terms and conditions of his or
her employment.
87. Transitional--superseded references to Docklands
15 Authority
On and from the commencement of this Act, in
any Act (other than this Act) or in any instrument
made under any Act or in any other document of
any kind--
20 (a) a reference to the Docklands Authority Act
1991 is deemed to be a reference to the
Docklands Act 1991; and
(b) a reference to the Docklands Authority is
deemed to be a reference to the Victorian
25 Urban Development Authority--
so far as it relates to any period after that
commencement, unless the context otherwise
requires.
88. Transitional--superseded references
30 (1) On and from the commencement of this Act, in
any Act (other than this Act) or in any instrument
made under any Act or in any other document of
any kind a reference to--
(a) the Urban Land Authority Act 1979; or
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Part 8--Transitional Provisions
s. 89
(b) the Urban Land Corporation Act 1997; or
(c) the Urban and Regional Land
Corporation Act 1997--
is (so far as it relates to any period after that
5 commencement and unless the context otherwise
requires) deemed to be a reference to the
Victorian Urban Development Authority Act
2003.
(2) On and from the commencement of this Act, in
10 any Act (other than this Act) or in any instrument
made under any Act or in any other document of
any kind a reference to--
(a) the Urban Land Authority; or
(b) ULC; or
15 (c) URLC--
is (so far as it relates to any period after that
commencement and unless the context otherwise
requires) deemed to be a reference to the
Victorian Urban Development Authority.
20 89. Saving of covenants
Despite the repeal of section 37 of the Urban and
Regional Land Corporation Act 1997 by this
Act, section 14 of the Urban Land Authority
Act 1979 continues to apply in relation to any
25 covenant entered into under section 14 and
existing immediately before the commencement
of this Act as if--
(a) any reference in section 14 to the Urban
Land Authority were a reference to the
30 Victorian Urban Development Authority;
and
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s. 89
(b) the covenant had been created for the benefit
of land of the Victorian Urban Development
Authority.
__________________
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Act No.
Part 9--Amendments and Repeals
s. 90
PART 9--AMENDMENTS AND REPEALS
Division 1--Repeal of Urban and Regional Land
Corporation Act 1997
90. Repeal of Urban and Regional Land Corporation Act
5 1997
The Urban and Regional Land Corporation
Act 1997 is repealed.
Division 2--Amendments to the Docklands Authority Act
1991
10 91. Title
See: In the title to the Docklands Authority Act 1991
Act No.
omit "Authority".
22/1991.
Reprint No. 2
as at
1 July 1999
and
amending
Act Nos
45/1999,
30/2000,
74/2000,
11/2001 and
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
92. Purpose
In section 1 of the Docklands Authority Act
15 1991 omit all words after "area".
93. Definitions
In section 3 of the Docklands Authority Act
1991--
(a) for the definition of "Authority"
20 substitute--
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s. 94
' "Authority" means the Victorian Urban
Development Authority established by
the Victorian Urban Development
Authority Act 2003;';
5 (b) for the definition of "chief executive"
substitute--
' "chief executive" means a person
appointed under Part 2 of the Victorian
Urban Development Authority Act
10 2003 as chief executive of the
Authority;';
(c) the definition of "member" is repealed;
(d) in the definition of "staff", for "14"
substitute "16 of the Victorian Urban
15 Development Authority Act 2003".
94. Division 1 of Part 2 substituted
For Division 1 of Part 2 of the Docklands
Authority Act 1991 substitute--
"Division 1--Representation of the Crown
20 6. Authority to represent the Crown for
certain purposes
The Authority--
(a) holds on behalf of the Crown any
property acquired by it or vested in it
25 under this Act (except property vested
in it under Part 3A or Part 7);
(b) represents the Crown where--
(i) it does anything under this Act in
relation to Crown land (except
30 anything done in the course of its
municipal functions);
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s. 95
(ii) it administers or enforces the
Building Act 1993 in relation to
the docklands area;
(iii) by agreement under this Act, it
5 acts for the Crown or for a public
sector agency that represents the
Crown;
(iv) acting as a planning authority or a
responsible authority in relation to
10 land in the docklands area--
but does not otherwise represent the
Crown.".
95. Extended area of operation
In section 8 of the Docklands Authority Act
15 1991 after "duties" insert "under this Act".
96. Objective of the Authority
(1) In section 9(1) of the Docklands Authority Act
1991 after "Authority" insert "under this Act".
(2) In section 9(2) of the Docklands Authority Act
20 1991 after "powers" insert "under this Act".
97. Functions of the Authority
(1) In section 10 of the Docklands Authority Act
1991 after "functions" (where first occurring)
insert "under this Act".
25 (2) For section 10(m) of the Docklands Authority
Act 1991 substitute--
"(m) to perform any other functions conferred on
it--
(i) by or under this Act; or
30 (ii) by or under any other Act in relation to
the docklands area.".
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Part 9--Amendments and Repeals
s. 98
98. General powers and duties
(1) In section 11(1) of the Docklands Authority Act
1991 after "docklands area" insert "under this
Act".
5 (2) In section 11(2) of the Docklands Authority Act
1991 after "functions" insert "under this Act".
(3) In section 11(3) of the Docklands Authority Act
1991 after "functions" insert "under this Act".
99. Repeal of certain provisions
10 Sections 12, 13, 14 and Division 1 of Part 3 of the
Docklands Authority Act 1991 are repealed.
100. Acquisition of land
(1) In section 19(1) of the Docklands Authority Act
1991 for "The Authority" substitute "For the
15 purposes of this Act, the Authority".
(2) In section 19(2) of the Docklands Authority Act
1991 for "The Authority" substitute "For the
purposes of this Act, the Authority".
101. New section 19A inserted
20 After section 19 of the Docklands Authority Act
1991 insert--
"19A. Creation of easements
If any right in the nature of an easement or
purporting to be an easement or an
25 irrevocable licence is or has been acquired
by the Authority under this Act, whether
before or after the commencement of the
Victorian Urban Development Authority
Act 2003, the right is deemed for all
30 purposes to be and to have been an easement
even if there is no land vested in the
Authority which is benefited by the right.".
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Part 9--Amendments and Repeals
s. 102
102. Authority may surrender land to the Crown
In section 23(1) of the Docklands Authority Act
1991 after "1958" insert "in relation to land in the
docklands area".
5 103. Disposing of land in other ways
(1) In section 24(1) of the Docklands Authority Act
1991 after "may" insert "for the purposes of this
Act".
(2) In section 24(2) of the Docklands Authority Act
10 1991--
(a) for "The Authority" substitute "For the
purposes of this Act, the Authority";
(b) after "land" (where first occurring) insert
"in the docklands area".
15 104. Planning powers of the Authority
In section 33(1) of the Docklands Authority Act
1991 after "1987" insert "in relation to land in the
docklands area".
105. Tendering and other procedures
20 In section 35(1) of the Docklands Authority Act
1991 after "Authority" insert "under this Act".
106. Indemnity
(1) In section 35J of the Docklands Authority Act
1991 for "members" (where first occurring)
25 substitute "directors".
(2) In section 35J of the Docklands Authority Act
1991 before "member" insert "director or".
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Act No.
Part 9--Amendments and Repeals
s. 107
107. Section 36 substituted
For section 36 of the Docklands Authority Act
1991 substitute--
"36. Docklands Fund
5 (1) The Authority must establish and keep a
fund called the Docklands Fund.
(2) The Authority must ensure that all the money
received by it, or on its behalf, for the
purposes of this Act is paid into the
10 Docklands Fund.
(3) The Authority may pay money out of the
Docklands Fund--
(a) to pay any costs and expenses incurred
by it in exercising its functions or
15 powers under this Act;
(b) in relation to its municipal functions
under this Act, for any purpose for
which a council can apply money under
section 136 of the Local Government
20 Act 1989;
(c) to repay any money borrowed by it for
the purposes of this Act together with
any charges or interest on that money;
(d) for any other purpose authorised by this
25 Act.".
108. Finances
(1) Sections 40(1) and 41 of the Docklands
Authority Act 1991 are repealed.
(2) In section 40(4) of the Docklands Authority Act
30 1991 after "Authority" (where first occurring)
insert "for the purposes of this Act".
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Part 9--Amendments and Repeals
s. 109
109. Minister may appoint advisory committee
In section 42(1) of the Docklands Authority Act
1991 after "functions" insert "under this Act".
110. Sections 44 to 47 repealed and new section 44
5 substituted
For sections 44 to 47 of the Docklands Authority
Act 1991 substitute--
"44. Documents relating to municipal functions
not exempt
10 (1) A document relating to the municipal
functions of the Authority is not an exempt
document under section 38 of the Freedom
of Information Act 1982.
(2) Nothing in section 72 of the Victorian
15 Urban Development Authority Act 2003 is
intended to affect the operation of this
section.".
111. Evidence
(1) In section 49(1) of the Docklands Authority Act
20 1991--
(a) paragraphs (b), (c), (d), (f) and (h) are
repealed;
(b) in paragraph (g) after "Authority" insert
"under this Act".
25 (2) In section 49(2) of the Docklands Authority Act
1991 after "Authority" (where first occurring)
insert "under this Act".
(3) In section 49(3)(a) of the Docklands Authority
Act 1991 after "charge" insert "under this Act".
30 (4) Section 49(4) of the Docklands Authority Act
1991 is repealed.
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Part 9--Amendments and Repeals
s. 112
112. Service of documents
Section 50 of the Docklands Authority Act 1991
is repealed.
113. Other laws not affected
5 In section 51 of the Docklands Authority Act
1991 omit "or the service of documents".
114. Regulations
Section 56(1) of the Docklands Authority Act
1991 is repealed.
10 115. Schedules 2 and 3 repealed
Schedules 2 and 3 to the Docklands Authority
Act 1991 are repealed.
Division 3--Consequential amendments to other Acts
116. Amendment to the Borrowing and Investment Powers
15 Act 1987
In Schedule 1 to the Borrowing and Investment
Powers Act 1987--
(a) items 2A and 20AA are repealed;
(b) after item 23AA insert--
"23AB Victorian Urban 5, 8, 10, 11, 11AA,
Development 11AB, 12, 13, 14,
Authority 14A, 15, 20, 20A
and 21".
20 117. Amendment to the Emergency Management Act 1986
For section 4(3) of the Emergency Management
Act 1986 substitute--
"(3) This Act applies in relation to the docklands
area under the Docklands Act 1991 as if--
25 (a) a reference to a municipal district
included a reference to the docklands
area; and
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Part 9--Amendments and Repeals
s. 118
(b) a reference to a municipal council
included a reference to the Victorian
Urban Development Authority, in
relation to the docklands area.".
5 118. Amendment to the Environment Protection Act 1970
(1) For section 4(3B) of the Environment Protection
Act 1970 substitute--
"(3B) This Act applies in relation to the docklands
area under the Docklands Act 1991 as if--
10 (a) the docklands area were a municipal
district; and
(b) the Victorian Urban Development
Authority were the municipal council;
and
15 (c) for the purposes of section 50I, the
chief executive of the Victorian Urban
Development Authority were a
councillor.".
(2) In section 50S(6) of the Environment Protection
20 Act 1970 for "Docklands Authority Act 1991"
substitute "Docklands Act 1991".
119. Amendment to the Land Tax Act 1958
(1) For section 9(1AA)(b) of the Land Tax Act 1958
substitute--
25 "(b) land vested in or occupied by the Victorian
Urban Development Authority, other than--
(i) land to which a declaration in force
under sub-section (2C) applies;
(ii) land in the docklands area within the
30 meaning of the Docklands Act 1991.".
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s. 120
(2) In section 9(2C) of the Land Tax Act 1958--
(a) for "Urban and Regional Land
Corporation Act 1997" substitute
"Victorian Urban Development Authority
5 Act 2003";
(b) for "Urban and Regional Land Corporation"
substitute "Victorian Urban Development
Authority".
120. Amendment to the Melbourne and Metropolitan
10 Board of Works Act 1958
In the Third Schedule to the Melbourne and
Metropolitan Board of Works Act 1958, in
paragraph (e), for "Docklands Authority Act
1991" substitute "Docklands Act 1991".
15 121. Amendment to the Melbourne City Link Act 1995
(1) In section 62(1) of the Melbourne City Link Act
1995 for "Docklands Authority Act 1991"
substitute "Docklands Act 1991".
(2) In section 62(1)(b) of the Melbourne City Link
20 Act 1995 for "Docklands Authority" substitute
"Victorian Urban Development Authority".
(3) In section 96(5A) of the Melbourne City Link
Act 1995 for "Docklands Authority Act 1991"
substitute "Docklands Act 1991".
25 (4) For section 103(4) of the Melbourne City Link
Act 1995 substitute--
"(4) This section applies to the powers under the
Local Government Act 1989 which are
conferred on the Victorian Urban
30 Development Authority under section 35G of
the Docklands Act 1991 as if a reference in
sub-sections (1) and (2) to a Council were a
reference to the Victorian Urban
Development Authority.".
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Act No.
Part 9--Amendments and Repeals
s. 122
(5) For section 104(4) of the Melbourne City Link
Act 1995 substitute--
"(4) This section applies to local laws made or to
be made by the Victorian Urban
5 Development Authority under section 35D of
the Docklands Authority Act 1991 as if--
(a) a reference in sub-section (1) to a
Council were a reference to the
Victorian Urban Development
10 Authority; and
(b) a reference in sub-sections (1) and (3)
to the Local Government Act 1989
were a reference to the Docklands Act
1991.".
15 122. Amendment to the Metropolitan Fire Brigades Act
1958
(1) For section 3(2) of the Metropolitan Fire
Brigades Act 1958 substitute--
"(2) This Act applies in relation to the docklands
20 area under the Docklands Act 1991 as if--
(a) a reference to a municipal district
included a reference to the docklands
area; and
(b) a reference to a municipal council
25 included a reference to the Victorian
Urban Development Authority.".
(2) In section 4(2A) of the Metropolitan Fire
Brigades Act 1958 for "Docklands Authority
Act 1991" substitute "Docklands Act 1991".
30 123. Amendment to the Public Holidays Act 1993
In section 3(3) of the Public Holidays Act 1993
for "Docklands Authority Act 1991" substitute
"Docklands Act 1991".
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Act No.
Part 9--Amendments and Repeals
s. 124
124. Amendment to the Transport Act 1983
In section 37A(2) of the Transport Act 1983,
in the definition of "public authority", for
paragraph (c) substitute--
5 "(c) the Victorian Urban Development Authority
established under the Victorian Urban
Development Authority Act 2003;".
125. Amendment to the Treasury Corporation of Victoria
Act 1992
10 (1) In section 36A of the Treasury Corporation of
Victoria Act 1992, in the definition of "public
authority", for "Urban and Regional Land
Corporation" substitute "Victorian Urban
Development Authority".
15 (2) In Schedule 1 to the Treasury Corporation of
Victoria Act 1992--
(a) in column 1, for "Urban and Regional Land
Corporation" substitute "Victorian Urban
Development Authority";
20 (b) in column 2, for "Urban and Regional
Land Corporation Act 1997" substitute
"Victorian Urban Development Authority
Act 2003".
126. Amendment to the Victoria Grants Commission Act
25 1976
For section 2(2) of the Victoria Grants
Commission Act 1976 substitute--
"(2) This Act applies in relation to the docklands
area under the Docklands Act 1991 as if--
30 (a) the docklands area were a municipal
district; and
(b) the Victorian Urban Development
Authority were the municipal council;
and
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Act No.
Part 9--Amendments and Repeals
s. 126
(c) for the purposes of section 15, a
director or the chief executive of the
Victorian Urban Development
Authority were a councillor.".
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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