Victorian Consolidated Legislation

Commonwealth Games Arrangements Act 2001 - SECT 44A

General powers relating to roads

44A. General powers relating to roads



(1) For the purpose of a Commonwealth Games project, the Minister may-

   (a)  construct, realign, relocate, open or close any road; and

   (b)  carry out or operate works or facilities associated with the powers
        under paragraph (a).

(2) The Minister must not exercise a power under subsection (1)(a), unless the
Minister has consulted with the Minister administering the
Road Management Act 2004.

(3) Before making a decision to close, realign or relocate a road, the
Minister must ensure that provision is made with respect to pipes, wires,
apparatus, sewers, drains, tunnels, conduits, poles, posts and fixtures
lawfully on, over, under or across the road or part of the road.

(4) If the Minister makes a decision to close, realign or relocate a road, the
Minister must make provision for the payment of compensation to-

   (a)  any person in whom the land comprised in the road or part of the road
        is vested; and

   (b)  any owner of property which in the opinion of the Minister is likely
        to be substantially affected by that closure, realignment or
        relocation.







(5) The Minister may certify that, having regard to the extent to which any
person referred to in subsection (4)(a) or (b) is or is likely to be affected
by the closure, realignment or relocation of a road, the compensation payable
to that person under subsection (4) should not exceed the amount stated in the
certificate (not being more than $400).

(6) If the Minister so certifies under subsection (5), the amount stated in
the certificate in respect of that person is to be the full amount payable to
that person under subsection (4) by the Minister, by way of compensation.

(7) If the Minister is satisfied that a person who might be entitled to
compensation under subsection (4) cannot be found, the Minister may direct
that no provision, or such provision as the Minister specifies, is to be made
for payment of compensation to that person.

(8) If subsection (6) or (7) does not apply, the compensation payable to a
person under subsection (4) is to be-

   (a)  the amount agreed between the Minister and the person; or

   (b)  if agreement is not reached, the amount determined as if the amount of
        compensation payable were a disputed claim under Part 10 of the
        Land Acquisition and Compensation Act 1986.

(9) The Governor in Council, by order published in the Government Gazette, may
provide for any vesting or divesting of lands necessary because of the
exercise by the Minister of the powers under subsection (1).