Victorian Consolidated Legislation

EastLink Project Act 2004 - SECT 3

Definitions

3. Definitions



(1) In this Act-

Agreement means-

   (a)  the agreement for the Project entered into under section 15 and the
        exhibits to that agreement; or

   (b)  if all or any of the provisions of the agreement for the Project
        entered into under section 15 or the exhibits to that agreement are
        amended, the agreement and the exhibits as so amended; Amending
        agreement means an Amending agreement under section 17(1); approved
        Utility agreement means a Utility agreement that is approved by the
        Authority under section 157; arterial road has the same meaning as it
        has in the Road Management Act 2004; authorised person means a person
        authorised in writing by the Freeway Corporation under section 197AA;

Authority means the Southern and Eastern Integrated Transport Authority
established under the
Southern and Eastern Integrated Transport Authority Act 2003; business day
means a day that is not-

   (a)  a Saturday or a Sunday; or

   (b)  a day that is appointed as a public holiday or public half-holiday
        throughout the whole of Victoria under the Public Holidays Act 1993;
        Central Plan Office means the Central Plan Office of the Department of
        Sustainability and Environment; corresponding body has the same
        meaning as in section 84BB of the Road Safety Act 1986;

corresponding law has the same meaning as in section 84BB of the
Road Safety Act 1986;

Council has the same meaning as it has in the Local Government Act 1989; Crown
land includes a stratum of Crown land; decision-maker, in Part 8, means-

   (a)  the Minister and the Utility Minister; or

   (b)  a person appointed under section 189; declared freeway use agreement
        means an agreement in a class of agreements declared under section 202
        to be declared freeway use agreements; Department Head has the same
        meaning as it has in the Public Administration Act 2004;



EastLink means land declared under section 143 to be a road and includes any
part of that land;

effective, in relation to an illegal user statement, a known user statement or
a sold vehicle statement, means a statement that is, or is accepted by an
authorised person under section 199 as, and has not ceased to be, an effective
statement for the purposes of Part 9;

enactment means an Act or a regulation under an Act; enforcement agency means-

   (a)  the Chief Commissioner of Police; or

   (b)  if another person is prescribed by the regulations to be the
        enforcement agency with respect to all or any part of the enforcement
        agency's functions, that other person in respect of those functions;
        enforcement officer means a person appointed under section 208;
        Extended Project area has the meaning given by section 6; freeway has
        the same meaning as it has in the Road Management Act 2004; Freeway
        Corporation means the person who, for the time being, is the Freeway
        Corporation under section 10;

freeway use agreement means-

   (a)  an agreement between the Freeway Corporation and another person for
        the use of a vehicle on EastLink; or

   (b)  a declared freeway use agreement; illegal user statement, in relation
        to the use of a vehicle, means a statement in writing made by a
        responsible person to the effect that the person believes that at the
        relevant time the vehicle was a stolen vehicle or that the number
        plates displayed on the vehicle were stolen; known user statement, in
        relation to the use of a vehicle, means a statement in writing made by
        a responsible person-

   (a)  to the effect that the person was not driving at the relevant time, or
        had not at that time possession or control of, the vehicle; and

   (b)  containing sufficient information to identify and locate the person
        who the responsible person last knew to have, before the relevant
        time, possession or control of the vehicle; land includes a stratum of
        land; lease in Division 3 of Part 5, means a lease granted under
        section 103; lessee means a person who is for the time being the
        lessee under a lease granted under section 103; leased land means land
        that is the subject of a lease granted under section 103; licence in
        Division 2 of Part 5, means a licence issued under section 90(1) or
        90(2); licensee means-

   (a)  a person who is for the time being the holder of a licence issued
        under section 90(1); or

   (b)  in Division 2 of Part 5, a person who is for the time being the holder
        of a licence issued under section 90(1) or 90(2); licensed land means
        land that is subject to a licence issued under section 90(1);

* * * * *



municipal road has the same meaning as it has in the Road Management Act 2004;

Native Title Act means the Native Title Act 1993 of the Commonwealth;
nomination rejection statement means a statement in writing made by a person
nominated in a known user statement or a sold vehicle statement as being the
responsible person in relation to a vehicle to the effect that-

   (a)  if nominated in a known user statement, the person had not had
        possession or control of the vehicle at the relevant time, as stated
        in the known user statement; and

   (b)  if nominated in a sold vehicle statement, the vehicle had not been
        sold or disposed of to the person, and that no interest in it had
        otherwise vested in the person, as stated in the sold vehicle
        statement; non-arterial State road has the same meaning as it has in
        the Road Management Act 2004; notified Utility infrastructure means
        Utility infrastructure-

   (a)  that is identified under section 159; or

   (b)  that has been notified under section 161; operator, in relation to a
        vehicle at the time the vehicle was driven in a toll zone, means each
        of the following-

   (a)  the registered operator of the vehicle at that time or the person
        recorded at that time on a register of vehicles maintained under a
        corresponding law as the person responsible for the vehicle;

   (b)  if VicRoads under the regulations under the Road Safety Act 1986, or a
        corresponding body under a corresponding law, has received notice of
        transfer of registration of the vehicle, the person whose name is
        disclosed in the records kept by VicRoads or the corresponding body
        (as the case requires) as being responsible for the vehicle at that
        time;

   (c)  if the vehicle is not registered under the Road Safety Act 1986 or a
        corresponding law, the person whose name is disclosed in the records
        kept by VicRoads or the corresponding body as being responsible for
        the vehicle at that time;

   (d)  if the vehicle displays a number plate-

   (i)  the person who, at the time at which the registration number borne by
        that number plate was last assigned by VicRoads or a corresponding
        body, was the registered operator of, or (if assigned by a
        corresponding body) the person recorded on a register of vehicles
        maintained under the corresponding law as the person responsible for,
        the vehicle to which that registration number was assigned, whether or
        not that vehicle is the same as the vehicle involved in the offence;
        or

   (ii) the person whose name is disclosed in the records kept by VicRoads or
        a corresponding body as being entitled, or last entitled, at that time
        to use or possess that number plate;

   (e)  if the vehicle displays a general identification mark by means of a
        special identification plate issued by VicRoads under the regulations
        under the Road Safety Act 1986 or by a corresponding body under a
        corresponding law, the person to whom the mark is assigned at that
        time;

* * * * *

prescribed tolling system means a tolling system prescribed for the purposes
of Part 9;

Project means the project described in section 4 or any part of that project;
Project area has the meaning given by section 5; Project construction work
means work for the construction of the Project; Project Document means a
document of a class that is designated in the Agreement as a Project Document;
public authority means any body (including any trust) established by or under
an Act for a public purpose, other than a Council; public land means-

   (a)  Crown land; or

   (b)  land owned by or vested in a public authority; rectification includes
        repair, replacement and reinstatement; registered operator has the
        same meaning as in section 3(1) of the Road Safety Act 1986;

reserved Crown land means land reserved or deemed to be reserved for any
public purpose under the Crown Land (Reserves) Act 1978;

reserved project land means land that is deemed to be temporarily reserved
under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes,
being, in particular, the purposes of the Project; responsible person means-

   (a)  the operator; or

   (b)  the person nominated in an effective known user statement or an
        effective sold vehicle statement; road has the same meaning as it has
        in the Road Management Act 2004; road authority has the same meaning
        as it has in the Road Management Act 2004; Secretary to the Department
        of Infrastructure means the body corporate established under section
        35 of the Project Development and Construction Management Act 1994;
        Secretary to the Department of Sustainability and Environment means
        the Department Head of the Department of Sustainability and
        Environment; sold vehicle statement, in relation to the use of a
        vehicle, means a statement in writing made by a responsible person-

   (a)  to the effect that-

   (i)  the person had sold or otherwise disposed of the vehicle before the
        relevant time or that any interest in the vehicle had otherwise ceased
        to be vested in the person before that time; and

   (ii) the person was not at that time driving, or had not at that time
        possession or control of, the vehicle; and

   (b)  containing sufficient information to identify and locate the person to
        whom the vehicle was sold or disposed of, or in whom an interest in
        the vehicle was otherwise vested, and the date and, if relevant, the
        time of sale, disposal or vesting; stratum of Crown land means a
        stratum of land that is Crown land; stratum of land means a part of
        land consisting of a space of any shape, below on or above the surface
        of the land, or partly below and partly above the surface of the land,
        all the dimensions of which are limited; surplus land means land
        determined under section 121 to be surplus land; toll means a toll
        fixed under section 195; toll administration fee means a toll
        administration fee fixed under section 195; toll zone means a toll
        zone specified under section 195; tolling nomination statement means a
        tolling nomination statement made by an authorised person under Part
        6AA of the Road Safety Act 1986;

tollway billing arrangement means an agreement or arrangement between a person
and a tollway operator (or an agent of a tollway operator) relating to the
payment of tolls for the use of a vehicle in a tollway; tollway operator means
a person, other than the Freeway Corporation, who-

   (a)  operates a tollway under a law of this State, or another State or of a
        Territory, or under an agreement between that person and the State or
        another State or Territory; and

   (b)  is empowered or entitled, under that law or agreement, to levy or
        impose a toll or charge for the use of the tollway; traffic control
        centre means an area of land declared under section 8 to be the
        traffic control centre;

Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998; trip means the driving
of a vehicle on EastLink-

   (a)  in a single direction; and

   (b)  through one or more toll zones (without repeating a toll zone); and

   (c)  within the space of a single hour; and

   (d)  whether or not that driving is interrupted by exit from EastLink; and

   (e)  that, if the driving is interrupted by exit from EastLink, involves
        re-entering at a point that is forwards of the point of exit;
        unnotified Utility infrastructure means Utility infrastructure-

   (a)  that has not been identified under section 159; or

   (b)  that has not been notified under section 161; Utility means-

   (a)  a utility within the meaning of the Road Management Act 2004; or

   (aa) a provider of public transport within the meaning of the
        Road Management Act 2004; or

   (b)  the Director of Public Transport under the Transport Act 1983; or

   (c)  any person who manages rail infrastructure within the meaning of
        Division 3 of Part VI of the Transport Act 1983; or

   (d)  any person who operates rolling stock within the meaning of Division 3
        of Part VI of the Transport Act 1983; Utility agreement means an
        agreement entered into under section 154 and, if that agreement is
        amended under section 158, that agreement as so amended; Utility
        infrastructure means any part of the supply, distribution or
        reticulation network operated or managed by a Utility, including-

   (a)  poles, pipes, cables, wires, conduits and tunnels; and

   (b)  rail infrastructure and tram infrastructure (both within the meaning
        of the Rail Corporations Act 1996); Utility Minister in relation to a
        Utility, means the Minister for the time being administering any Act-

   (a)  under which a Utility is authorised to provide an infrastructure
        service; or

   (b)  that regulates the provision by the Utility of an infrastructure
        service; variation means an amendment of the Agreement made under
        section 17(2); variation statement means a statement setting out the
        terms of a variation; vehicle has the same meaning as motor vehicle
        has in the Road Safety Act 1986; VicRoads means the Roads Corporation
        established under Part II of the Transport Act 1983; works has the
        same meaning as it has in the Road Management Act 2004.



(2) In this Act, the expressions just terms, native title, native title
holder, native title rights and interests, registered native title body
corporate and registered native title claimant have the same respective
meanings as they have in the Native Title Act 1993 of the Commonwealth.

(3) The Premier may determine a Minister as the Utility Minister for a Utility
and if a determination is made that Minister is deemed to be the Utility
Minister for that Utility for the purposes of this Act.

(4) For the purposes of this Act, the period of a trip commences-

   (a)  in the case of the first driving of a vehicle on EastLink in a
        particular direction, when that vehicle is first detected by the
        prescribed tolling system as travelling in that direction; and

   (b)  in the case of any other driving on EastLink, when that vehicle is
        first detected by the prescribed tolling system as travelling in a
        particular direction after the last trip in that direction.