MELBOURNE CITY LINK ACT 1995
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 Objects of Act
- 5 Transport Integration Act 2010
- 6 The Project
- 6B Functions and powers of the Head, Transport for Victoria
- 10 Link corporation
- 11 Link operator
- 12 Powers of delegation or sub-delegation
- 12A Extension corporation
- 12B Extension operator
- 12C Powers of delegation of Extension corporation
- 12D Certain instruments are not legislative instruments under Subordinate Legislation Act 1994
- 13 Act to bind Crown
PART 2--RATIFICATION OF AGREEMENTS
- 14 Ratification of the Agreement
- 15 Variation of the Agreement[2], [3]
- 15A Ratification of the Integration and Facilitation Agreement
- 15B Variation of the Integration and Facilitation Agreement[4], [5]
- 15C Ratification of the Extension Agreement
- 15D Variation of the Extension Agreement[6], [7]
- 16 Agreements to prevail if inconsistent with Act
- 17 Modification of law of Victoria
- 18 Enforcement of Agreements
- 18A Publication of agreements as amended
- 18B Agreement as evidence
- 19 Specific performance
- 20 Restrictions on acquisition of units in Trust
PART 2A--RESERVATION OF LAND FOR THE PROJECT
Division 1--Land to be reserved
- 20A Revocation of existing reservations of certain land and re‑reservation of that land for the Project
- 20AA Further revocation of existing reservations of land and re‑reservation of that land for the Project
- 20BA Surrender and reservation of land for the purposes of the Project
- 20C Reservation of land for the purposes of the Project
Division 2--Management of reserved land and other matters
- 20D Committees of management of reserved land
- 20E Issue of licences in respect of reserved land
- 20F Certain Acts not to apply to licensed areas
- 20G Action by Registrar of Titles
PART 2B--LINK UPGRADE PROJECT
Division 1--Introductory
Division 2--General powers of the Head, Transport for Victoria
- 22 Head, Transport for Victoria appointed committee of management
- 23 Temporary access to Crown land
Division 3--Licences
- 24 Application
- 25 Head, Transport for Victoria may issue licence for purposes of Link Upgrade Project
- 26 Term of licence
- 27 Conditions of licence—general
- 28 Conditions on licence over stratum of land
- 29 Ability to mortgage licence
- 30 Amendment of licence
- 31 Termination of licence
- 32 Renewal of licence
- 33 Act to apply as if Link Upgrade licensed land were leased land
Division 4--Construction permits
- 34 Construction permit
- 35 Land to which permit can apply
- 36 Conditions on permit
- 37 Cancellation of permit
Division 5--Statutory powers and exemptions
Division 7--Interface with Utilities
- 46 Certain powers of Utilities not affected
- 47 Utility to obtain consent of Link corporation
- 48 Utility may refer matter to Ministers for determination
- 49 Agreements in relation to Link Upgrade construction area
- 50 What can a Utility agreement provide for?
- 51 Requirements for Utility agreements
- 52 Utility agreements must be approved by the Head, Transport for Victoria
- 53 Utility agreement may be amended
- 54 Duty to identify Utility infrastructure
- 55 Link corporation to give notice
- 56 Duty of Utility to give notice
- 56A Copies of notices to be given to the Head, Transport for Victoria
- 56B Link corporation to consult and seek agreement
- 56C Referral to Ministers for determination if no agreement
- 56D Power of Minister to direct Utility
- 56E Direction to Link corporation
- 56F Requirements for directions
- 56G Direction to prevail over requirement to consent
- 56H Duties of Link corporation
- 56I Link corporation to give notice
- 56J Utility agreement may be entered into
- 56K Notice to Minister if Utility cannot be found or fails to respond
- 56L Minister may direct Utility to carry out works
- 56M Direction to Link corporation after notice to Minister
- 56N Direction to Link corporation after application to Minister
- 56O Requirements for directions
- 56P Direction to prevail over requirement to consent
- 56Q Link corporation to be liable for certain relocation and rectification costs
- 56R Standard to apply to relocation or rectification
- 56S Utility liable for differential if it requests upgrade
- 56T Utility liable for delay costs
- 56U Limitation of liability
- 56V Dispute as to cost of relocation or rectification
- 56W Certification of work
- 56X Referral of matters by Utilities to Ministers for determination
- 56Y Referral of matters by Link corporation to Ministers for determination
- 56Z Link corporation no longer liable if work satisfactory
- 56ZA Who can determine matters referred to the Ministers?
- 56ZB What must be considered in determining a matter?
- 56ZC Requirements for determinations
- 56ZD Determination to prevail over inconsistent laws
Division 8--Emergency orders
- 56ZE Emergency orders
- 56ZF Service of emergency order
- 56ZG Period of operation of emergency order
- 56ZH Offence to fail to comply with emergency order
- 56ZI Request for police assistance
Division 9--Actions by public bodies
- 56ZJ Bodies may be required to act
Division 10--Revocation of reservation and interim operation
- 56ZK Revocation of reservation on termination of licence
- 56ZL Interim operation
PART 2C--CITY LINK TULLAMARINE WIDENING PROJECT
Division 1--Preliminary
Division 2--Revocation of reservation onexpiry of project licence
PART 3--LEASED LAND
Division 8--Powers over land
- 57 Approvals not required
- 60 Leasing powers
- 61 Declaration of Link road
- 61A Power to revoke certain declarations of Link road
- 62 Road operation and management powers in relation to leased land
Division 9--Other provisions relating to buildings and land
PART 4--TOLLS
Division 1--Definitions
- 69 Definitions
- 69A Declaration as to relevant corporations
- 69B Authorisation of authorised persons
Division 2--Fixing and enforcement of tolls
- 70 Relevant corporation may fix, charge and collect tolls and toll administration fees
- 71 Fixing of tolls and toll administration fees
- 72 Liability to pay toll and toll administration fees
- 72AA Cancellation of acceptance of statement
- 72AB Offence to provide false or misleading information
- 72A Exemptions from toll administration fee
- 72B Charge of toll
- 72C Minimum debt recovery requirements
- 73 Offence to drive unregistered vehicle in toll zone
- 73A Registration of vehicles
- 73B On-going registration
- 73C Temporary registration
- 73D Information to be given in relation to registration
- 73E Cancellation or suspension of registration
- 74 Offence to tamper with prescribed devices
- 75 Offence to fraudulently induce registration
- 76 Payment of prescribed administrative amount
- 77 Relevant corporation or authorised person may notify enforcement agency of non-payment of toll
- 78 Disputes in relation to payment of tolls
- 79 Enforcement agency may authorise persons
- 80 Power to serve a notice
- 80A Toll administration infringement notice
- 82 Prescribed penalty
- 84 Payment of penalty and other amounts
- 85 Notice not to prejudice further proceedings
- 86 Application of Infringements Act 2006 or Fines Reform Act 2014 procedure
- 87 Offences detected by prescribed tolling device
- 87A Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
- 88 Proof that vehicle driven in toll zone
- 89 General evidentiary provisions
Division 3--Disclosure of certain information
- 90 Secretary may disclose certain information
- 91 Secretary must disclose certain interstate information
Division 4--Records
- 92 Relevant corporation to keep proper records
- 93 Destruction of records
Division 5--Link roaming agreements
- 93AA Definitions
- 93AB Roaming fees
- 93AC Determination of net incremental marginal cost
Division 6--West Gate Tunnel roaming agreements
- 93AD Definitions
- 93AE Roaming fees
- 93AF Determination of net incremental marginal cost
Division 7--North East Link roaming agreement
- 93AG Definitions
- 93AH Making North East Link roaming agreement
- 93AI Roaming fees
- 93AJ Determination of net incremental marginal cost
PART 4A--EXHIBITION STREET EXTENSION PROJECT
Division 1--Exhibition Street Extension Project and Extension Project area
- 93A Exhibition Street Extension Project
Division 3--Management of Exhibition Street Extension
- 93G Lease of land in Extension Project area
- 93H Declaration of Extension road
- 93HA Power to revoke certain declarations of Extension road
- 93I Road operation powers
- 93J Action by Registrar of Titles
PART 5--GENERAL
- 94 Link corporation and others to have same protections and immunities as the Head, Transport for Victoria
- 95 Link corporation, licensee and lessee not liable for obstruction of rivers
- 96 Taxes and charges
- 98 Emergency management
- 99 Restrictions on exercise of certain powers
- 100 Powers of certain bodies extended
- 102 Dispute resolution
- 103 Limitation on Council powers
- 104 Limitation on powers to make local laws
- 114A Removal of stationary vehicles
- 114B Removal of abandoned property
- 115 Certificates for the purposes of evidence
- 115A Certificates for purposes of evidence—Head, Transport for Victoria and Secretary
- 116 Proceedings
- 116A Service of notices
- 117 Supreme Court—limitation of jurisdiction
- 117A Supreme Court—limitation of jurisdiction
- 118 Regulations
PART 6--TRANSITIONAL PROVISIONS
- 119 Effect of agreements—Melbourne City Link (Miscellaneous Amendments) Act 2000
- 120 Application of amendments made by the Road Safety (Amendment) Act 2003
- 121 Transitional provision—Transport Legislation (Miscellaneous Amendments) Act 2004
- 122 Transitional provision—Transport Legislation (Amendment) Act 2004
- 123 Transitional provision—Road Legislation (Projects and Road Safety) Act 2006
- 124 Transitional provisions—Road Legislation Amendment Act 2007
- 125 Transitional provisions—Road Legislation Further Amendment Act 2007
