Victorian Consolidated Legislation
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EASTLINK PROJECT ACT 2004
No. 39 of 2004
Version incorporating amendments as at 31 July 2009
TABLE OF PROVISIONS
Section Page
PART 1-PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. The Project
5. Project area
6. Extended Project area
7. Changes to Project area and Extended Project area
7A. Consolidated Plans
8. Traffic control centre
9. Application of Crown Land (Reserves) Act 1978.
10. Freeway Corporation
11. Freeway Corporation not to be public authority
12. Delegation by Freeway Corporation
13. Delegation by Minister
14. Act to bind Crown
PART 2-THE AGREEMENT
Division 1-The Agreement for the Project
15. Power to enter into Agreement
16. Power to enter into Project Documents
17. Amendment of Agreement
18. Notice of Agreement, Amending agreement, or variation
19. Commencement of Agreement
20. Commencement of Amending agreement or variation
21. Tabling in Parliament
22. Revocation
23. Effect of revocation of Amending agreement or variation
Division 2-Giving effect to the Agreement
24. Act to prevail over Agreement
25. Duty of Government to give effect to Agreement
26. Appropriation
27. Specific performance
28. Enforcement of Agreement
29. No warranty given
30. Agreement to be State contract
31. Agreement may require performance bond or other security
31A. Payments for performance
32. Agreement may empower State to call for transfer of property
33. Security for payments to State under Agreement
PART 3-ACQUISITION OF PROJECT LAND
Division 1-Acquisition of land in the Project area
34. Powers of acquisition
35. Application of Land Acquisition and Compensation
Act 1986.
36. Acquired land to be Crown land
37. Acquired land deemed to be reserved
38. Acquisition of easement-easement in gross
39. Acquisition by Authority-effect on Utilities
40. Acquisition of lease or licence
41. Modification of Land Acquisition and Compensation Act 1986-general
42. Modification of Land Acquisition and Compensation Act 1986-temporary occupation
43. Modification of Land Acquisition and Compensation Act 1986-regulations
44. Transfer of building or structure as compensation
45. Adjoining land may be provided as compensation
46. Cultural and Recreational Lands Act 1963.
Division 2-Acquisition of native title rights and interests
47. Compulsory acquisition of native title rights and interests
48. Acquired right or interest to vest in Crown
49. Procedure for acquisition
50. Referral of objections to Tribunal
51. Determination of Tribunal on objection
52. Disputed claims for compensation: native title land
53. Cultural and Recreational Lands Act 1963.
Division 3-Acquisition of land outside the Project area
54. Power of Authority to purchase land
PART 4-PROVISION OF PUBLIC LAND AND COUNCIL
LAND
Division 1-Surrender or divesting of public land and Council
land
55. Surrender or divesting of land of public authorities and
Councils
56. Surrender of interests in unreserved Crown land
57. Effect of surrender or divesting
58. Temporary reservation may be amended or revoked
Division 2-Removal of reservations on land
59. Land Acts not to apply
60. Revocation of reservation of Schedule 1 land
61. Revocation of reservations-entire reservation
62. Revocation of reservations-part of reservation
63. Effect of revocation of reservation
64. Temporary reservation may be amended or revoked
65. Minister to be notified of reservation
Division 3-Declaration of roads
66. Orders may continue or declare roads
Division 4-Entry into possession of certain Project land
67. Definitions
68. Power to enter into possession
69. Authority must try to obtain agreement
70. Time for entry into possession-general
71. Time for entry into possession-residence or business
72. Early entry of place of residence or business
73. Occupation may be extended by agreement
74. Continued occupation without agreement
75. Recovery of rent
76. Proceedings where refusal to give up possession
77. Residential Tenancies Act 1997 not to apply
78. Giving of notices and documents
Division 5-Compensation for surrendered or divested or reserved land
79. Compensation-surrender, divesting or revocation of
reservation
80. Compensation for Councils in certain circumstances
81. Transfer of building or structure as compensation
82. Adjoining land may be provided as compensation
83. No other compensation payable
Division 6-General
84. Effect of reservation of a stratum of Crown land
PART 5-MANAGEMENT OF LAND FOR PROJECT
Division 1-General powers of Authority
85. Authority appointed committee of management
86. Authority may carry out or authorise works on public land
87. Authority liable to pay compensation
88. Temporary access to Crown land
88A. Powers in relation to easements
Division 2-Licences
89. Application
90. Authority may issue licence for purposes of Project
91. Term of licence
92. Conditions of licence-general
93. Conditions on licence over stratum of land
94. Conditions relating to sub-licences
95. Ability to mortgage licence
96. Amendment of licence
97. Termination of licence
98. Renewal of licence
99. Revocation of reservation on termination of licence
100. Orders may close roads
101. Orders may continue roads
Division 3-Leases
102. Application
103. Leasing powers
104. Term of lease
105. Conditions of lease-general
106. Conditions on lease over stratum of land
107. Conditions relating to sub-leases
108. Ability to mortgage lease
109. Amendment of lease
110. Termination of lease
111. Renewal of lease
Division 4-Interim operation
112. Interim operation
Division 5-Interim leases and licences for reserved Project land
113. Application
114. Power to issue interim licences for reserved project land
115. Power to grant interim leases for reserved project land
116. Termination of lease or licence
117. Proceedings where refusal to give up possession
118. Residential Tenancies Act 1997 not to apply
Division 6-Powers over other land
119. Land purchased by Authority
120. Authority may enter into agreements for land
121. Surplus land
122. Disposition of surplus land
PART 6-STATUTORY POWERS AND EXEMPTIONS
Division 1-Planning controls
123. Authority may be planning authority
124. Authority to be responsible authority
125. Authority to be referral authority
126. Application of planning laws
127. Planning compensation
Division 2-Exemption from other statutory approvals
128. Approvals of public bodies not required
Division 3-Application of other Acts
129. Building Act 1993.
130. Building and Construction Industry Security of Payment Act 2002.
131. Mineral resources and extractive industry
PART 7-ROAD MANAGEMENT
Division 1-Application
132. Powers under Road Management Act 2004.
Division 2-Construction powers in relation to roads
133. Powers relating to roads
134. Authority to comply with Agreement
135. Authority to advise road authority before exercising power
136. Exercise of powers by road authority
137. Effect of decision about road
138. Temporary closure of roads to traffic
139. Powers of Freeway Corporation in relation to existing roads
140. Restriction on powers to close or discontinue roads
141. Compensation for denial of access
142. Freeway Corporation to be responsible for road management for certain roads on licensed land
Division 3-Road declaration powers
143. Declaration of EastLink
144. Declaration of other roads
145. Power to revoke declaration
146. VicRoads may not declare roads on licensed land or leased
land
Division 4-Power of Minister to close EastLink to traffic
147. Power of Minister to close EastLink
PART 8-INTERFACE WITH UTILITIES
Division 1-Introduction
148. Certain powers of Utilities not affected
Division 2-Consent of Authority
149. Division does not apply to leased land or licensed land
150. Utility to obtain consent of Authority
151. Utility may refer matter to Ministers for determination
Division 3-Consent of Freeway Corporation
152. Utility to obtain consent of Freeway Corporation
153. Utility may refer matter to Ministers for determination
Division 4-Agreements between Freeway Corporation and
Utility
154. Agreements in relation to licensed land
155. What can a Utility agreement provide for?
156. Requirements for Utility agreements
157. Utility agreements must be approved by the Authority
158. Utility agreement may be amended
Division 5-Notified Utility infrastructure
159. Duty to identify Utility infrastructure
160. Freeway Corporation to give notice
161. Duty of Utility to give notice
162. Copies of notices to be given to Authority
163. Freeway Corporation to consult and seek agreement
164. Referral to Ministers for determination if no agreement
165. Power of Minister to direct Utility
166. Direction to Freeway Corporation
167. Requirements for directions
168. Direction to prevail over requirement to consent
Division 6-Unnotified Utility infrastructure
169. Duties of Freeway Corporation
170. Freeway Corporation to give notice
171. Utility agreement may be entered into
172. Notice to Minister if Utility cannot be found or fails to
respond
173. Minister may direct Utility to carry out works
174. Direction to Freeway Corporation after notice to Minister
175. Direction to Freeway Corporation after application to
Minister
176. Requirements for directions
177. Direction to prevail over requirement to consent
Division 7-Liability for costs
178. Freeway Corporation to be liable for certain relocation and rectification costs
179. Standard to apply to relocation or rectification
180. Liability for costs of disruption of infrastructure services
181. Utility liable for differential if it requests upgrade
182. Utility liable for delay costs
183. Limitation of liability
184. Dispute as to cost of relocation or rectification
185. Certification of work
186. Referral of matters by Utilities to Ministers for determination
187. Referral of matters by Freeway Corporation to Ministers for determination
188. Freeway Corporation no longer liable if work satisfactory
Division 8-Dispute resolution
189. Who can determine matters referred to the Ministers?
190. What must be considered in determining a matter?
191. Requirements for determinations
192. Determination to prevail over inconsistent laws
Division 9-No review of determination or direction
193. No appeal or review
PART 9-TOLLS
Division 1-Right to toll
194. Freeway Corporation may fix, charge and collect tolls and
toll administration fees
195. Fixing of tolls and toll administration fees
196. Commencement of tolling
Division 2-Charge and collection of tolls
197AA. Authorisation of authorised persons
197. Liability to pay toll charged
198. Exemptions from toll and toll administration fees
199. Operator not liable if effective tolling statement made
199A. Cancellation of acceptance of statement
199B. Offence to provide false or misleading information
200. Charge of toll
201. Payment of toll
202. Declared freeway use agreements
203. Prescribed tolling system not surveillance device
Division 3-Tolling offences and registration of vehicles
204. Offence to drive unregistered vehicle in toll zone
205. Registration of vehicles
205A. On-going registration
205B. Temporary registration
205C. Information to be given in relation to registration
205D. Cancellation or suspension of registration
206. Offence to tamper with prescribed tolling devices
206A. Offence to fraudulently induce registration
Division 4-Tolling enforcement
206B. Court to require payment of toll and costs
207. Freeway Corporation may notify enforcement agency of non-payment of toll
207A. Disputes in relation to payment of tolls
208. Enforcement officers
209. Identification of enforcement officers
210. Power to serve a notice
211. Repealed
212. Infringement penalty
213, 214. Repealed
215. Additional effect of expiation
216. Application of penalty
217. Repealed
218. Enforcement of infringement penalty
219. Operator onus offence
219A. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
Division 5-Evidentiary provisions
220. Proof that vehicle driven on EastLink in a toll zone
221. Evidence of certificate or document from VicRoads
221A. General evidentiary provision
222. Evidence of certificate issued by Freeway Corporation
Division 6-Disclosure and keeping of records
223. VicRoads may disclose certain information to Freeway Corporation
224. Freeway Corporation to keep proper records
225. Destruction of records
PART 10-ADMINISTRATION AND ENFORCEMENT
Division 1-Use of statutory powers and functions for Project
226. Governor in Council may require bodies to act
227. Minister may direct certain bodies to act
228. Powers of certain bodies extended
Division 2-Limitations on powers of Councils
229. Limitation on Council powers-generally
230. Limitation on powers to make local laws
Division 3-Emergency orders
231. Independent Reviewer
232. Emergency orders
233. Service of emergency order
234. Period of operation of emergency order
235. Offence to fail to comply with emergency order
236. No appeal or review
237. Request for police assistance
Division 4-Emergency management
238. Emergency management
239. Emergency access to Project area
Division 5-Powers of State to control EastLink
240. Powers of State to control Project
Division 6-Powers of Authority to investigate
241. Who is a Project party?
242. Authority can require information
243. Offence to fail to comply
244. Authorised officers
245. Identification of authorised officers
246. Powers of entry and access
247. Offence to hinder authorised officer
Division 7-Evidentiary provisions
248. Evidentiary certificates of Authority
249. Evidentiary certificates of Freeway Corporation
Division 8-Service of documents
250. Service of documents
Division 9-Proceedings for offences
251. Proceedings for offences under Part 9.
252. Proceedings for other offences
PART 11-GENERAL
253. Taxes and duties
254. Rates and charges
255. Requirement on Minister to consult
256. Action by Registrar of Titles
257. Supreme Court-limitation of jurisdiction
258. Regulations
259. Saving provision concerning change of Act name
PART 12-Repealed
260-278 Repealed
__________________
SCHEDULE
SCHEDULE 1-Revocation of Reservations
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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