MELBOURNE CITY LINK ACT 1995

Victorian Consolidated Legislation

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MELBOURNE CITY LINK ACT 1995

No. 107 of 1995
Version incorporating amendments as at 18 June 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Objects of Act
5. Repealed
6. The Project
6A. Repealed
6B. Functions and powers of Roads Corporation
7-9. Repealed
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
13. Act to bind Crown

PART 2-RATIFICATION OF AGREEMENTS

14. Ratification of the Agreement
15. Variation of the Agreement
15A. Ratification of the Integration and Facilitation Agreement
15B. Variation of the Integration and Facilitation Agreement
15C. Ratification of the Extension Agreement
15D. Variation of the Extension Agreement
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
20B. Surrender and reservation of certain land for the purposes of 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

21. Definitions

Division 2-General powers of Roads Corporation

22. Roads Corporation appointed committee of management
23. Temporary access to Crown land

Division 3-Licences

24. Application
25. Roads Corporation may issue licence for purposes of Link Upgrade Project
26. Term of licence
27. Conditions of licence-general
27A. Repealed
28. Conditions on licence over stratum of land
29. Ability to mortgage licence
30. Amendment of licence
30A. Repealed
31. Termination of licence
31A. Repealed
32. Renewal of licence
32A-32I. Repealed
33. Act to apply as if Link Upgrade licensed land were leased land

Division 4-Construction permits

34. Construction permit
34A. Repealed
35. Land to which permit can apply
36. Conditions on permit
37. Cancellation of permit

Division 5-Statutory powers and exemptions

38. Application of planning laws
39. Approvals of public bodies not required
40. Application of Building Act 1993.
41. Application of mineral resources and extractive industry Acts
42. Application of South Melbourne Land Act 1986.
43. Application of Heritage Act 1995.

Division 6-Road operation and management

44. Management of roads specified in Order
44A. Repealed
45. Management of other roads

Division 7-Interface with Utilities
Subdivision 1-Introduction

46. Certain powers of Utilities not affected
Subdivision 2-Consent of Link corporation
47. Utility to obtain consent of Link corporation
48. Utility may refer matter to Ministers for determination
Subdivision 3-Agreements between Link corporation and Utility
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 Roads Corporation
53. Utility agreement may be amended
Subdivision 4-Notified Utility infrastructure
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 Roads Corporation
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
Subdivision 5-Unnotified Utility infrastructure
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
Subdivision 6-Liability for costs
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
Subdivision 7-Dispute resolution
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 3-LEASED LAND

Division 8-Powers over land

57. Approvals not required
58, 59. Repealed
60. Leasing powers
60A. Repealed
61. Declaration of Link road
62. Road operation and management powers in relation to leased land
63. Repealed

Division 9-Other provisions relating to buildings and land

64. Certain Acts not to apply
64A. Power to revoke reservations under the Crown Land
(Reserves) Act 1978.
65. Action by Registrar of Titles
66. Repealed

Division 10-Repealed

67, 68. Repealed

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
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. Court to require payment of toll and costs
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
81. Repealed
82. Prescribed penalty
83. Repealed
84. Payment of penalty and other amounts
85. Notice not to prejudice further proceedings
86. Application of Infringements Act 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-Restrictions on the disclosure and use of certain information

90. Meaning of restricted tolling information
90A. Tolling information not to be disclosed or used except in specified circumstances
90B. Disclosure and use of information for enforcement of criminal law and certain road safety laws
90C. Records of disclosure and use by the police
90CA. Records of disclosure and use by authorised Roads Corporation officers
90D. Disclosure or use for purposes of court orders etc.
90E. Records of disclosure or use of restricted tolling information
to be kept
90F. Application of Division to enforcement agency
91. Roads Corporation can disclose certain 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

PART 4A-EXHIBITION STREET EXTENSION PROJECT

Division 1-Exhibition Street Extension Project and Extension Project area

93A. Exhibition Street Extension Project
93B. Repealed

Division 2-Repealed

93C-93F Repealed

Division 3-Management of Exhibition Street Extension

93G. Lease of land in Extension Project area
93GA. Repealed
93H. Declaration of Extension road
93I. Road operation powers
93J. Repealed

PART 5-GENERAL

94. Link corporation and others to have same protections and immunities as Roads Corporation
95. Link corporation, licensee and lessee not liable for obstruction of rivers
96. Taxes and charges
97. Repealed
98. Emergency management
99. Restrictions on exercise of certain powers
100. Powers of certain bodies extended
101. Repealed
102. Dispute resolution
103. Limitation on Council powers
104. Limitation on powers to make local laws
105-114 Repealed
114A. Removal of stationary vehicles
114B. Removal of abandoned property
115. Certificates for the purposes of evidence
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.
126-128. Repealed
__________________
SCHEDULE 1-Repealed
SCHEDULE 2-Unit Trust
Unit Holding Restriction
1.1. Definitions
1.2. Restrictions on Acquisition of Units
1.3. Exceptions
1.4. Registration and Divestiture
1.5. Employees and agents
3-7-Repealed
SCHEDULE 8-Further Revocation of Reservations
SCHEDULE 9-Further Revocation of Reservation
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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