Victorian Consolidated Legislation

Melbourne City Link Act 1995 - SECT 3

Definitions

3. Definitions

In this Act-

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

authorised police officer means the Chief Commissioner of Police and any
member of the police force of the rank of inspector or above who is appointed
by the Chief Commissioner to be an authorised police officer for the purposes
of Division 3 of Part 4;

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Burnley office site means all the land in Crown Allotment 1C of 39A, Parish of
Jika Jika, City of Richmond;

Central Plan Office means the Central Plan Office of the Department of Natural
Resources and Environment;

Crown land includes a stratum of Crown land;

Council has the same meaning as in the Local Government Act 1989;

Customer service site means the land shown hatched on sheets 1 and 2 of the
plan numbered LEGL./98-74 and lodged in the Central Plan Office but does not
include any part of that land which is part of the Link road;

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electricity corporation means VENCorp or SEC within the meaning of the
Electricity Industry Act 2000;



enforcement agency means the Chief Commissioner of Police or, 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 authorised by an enforcement agency under
section 79 and includes, in relation to an infringement notice issued under
section 80A, a person authorised under section 116(1A);

ESEP project document has the same meaning as in the Extension Agreement;



Extension corporation means the person who, for the time being, is the
Extension corporation under section 12A;

Extension operator means the person who, for the time being, is the Extension
operator under section 12B;



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Extension road means land declared under section 93H to be a road and includes
any part of that land;



Exhibition Street Extension Project has the meaning given by section 93A;





land includes a stratum of land;

leased land means land which is the subject of a lease granted under section
60 or 93G;



lessee means a person who is for the time being the lessee under a lease
granted under section 60 or 93G;

licence holder means a person who is, for the time being, the holder of a
licence issued under section 20E;

licence plate number, in relation to a vehicle, means the registration number
of the vehicle assigned by the relevant vehicle registration authority;

licensed area means land which is the subject of a licence issued under
section 20E;

licensed land means land which was the subject of a licence issued under
section 56 as in force at any time before the commencement of section 10 of
the Melbourne City Link (Miscellaneous Amendments) Act 2000; licensee means a
person who was the holder of a licence issued under section 56 as in force at
any time before the commencement of section 10 of the Melbourne City Link
(Miscellaneous Amendments) Act 2000;

Link control site means the land shown hatched on the plan numbered
LEGL/.97-60 and lodged in the Central Plan Office but does not include any
part of that land which is part of the Link road;

Link corporation means the person who, for the time being, is the Link
corporation under section 10;

Link operator means the person who, for the time being, is the Link operator
under section 11;



Link road means land declared under section 61 to be a road and includes any
part of that land;



Link Upgrade Project has the same meaning that it has in Schedule 5A to the
Road Management Act 2004;



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public authority means any of the following-

   (a)  a public statutory authority;

   (b)  a State business corporation or a State body within the meaning of the
        State Owned Enterprises Act 1992;

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   (e)  an electricity corporation;

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   (g)  the holder of a licence issued under Division 1 of Part 2 of the
        Water Industry Act 1994;

public body means any of the following-

   (a)  a public authority;

   (b)  a generation company, distribution company or transmission company
        within the meaning of section 3 of the Electricity Industry Act 2000;

   (ba) a gas distribution company or a gas transmission company within the
        meaning of the Gas Industry Act 2001;

   (c)  a Council;

   (d)  a committee of management under the Crown Land (Reserves) Act 1978;

   (e)  the holder of a licence under the Pipelines Act 2005;

   (f)  the Corporation within the meaning of the
        National Rail Corporation (Victoria) Act 1991;

   (g)  a passenger transport company within the meaning of the
        Transport Act 1983;

public statutory authority means any body (including any trust) established by
or under an Act for a public purpose;

relevant corporation-

   (a)  for the purposes of Part 4 (except sections 70 and 71)-

   (i)  in relation to the Link road or the Extension road, means the Link
        Corporation if no notice under section 69A(1) is in effect; and

   (ii) if a notice under section 69A(1) has taken effect and no notice under
        section 69A(2) is in effect-

                (A)  in relation to the Link road, means the Link corporation;
                     and

                (B)  in relation to the Extension road, means the Extension
                     corporation; and

   (b)  for the purposes of the rest of this Act (including sections 70 and
        71)-

   (i)  in relation to the Link road, means the Link corporation; and

   (ii) in relation to the Extension road, means the Extension corporation;

reserved land means land that, by the operation of Part 2A, is or 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;

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restricted tolling information has the meaning given by section 90;

Roads Corporation has the same meaning as in the Transport Act 1983;



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stratum of Crown land means a stratum of land which 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;

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the Agreement means the agreement for the Melbourne City Link Project, a copy
of which was set out in Schedule 1 to this Act as enacted, and the exhibits to
that agreement, or, if all or any of the provisions of that agreement or those
exhibits are added to, substituted, cancelled or varied (whether or not the
addition, substitution, cancellation or variation is effected by way of the
Integration and Facilitation Agreement or otherwise), that agreement and those
exhibits as so varied1;

the Extension Agreement means the agreement for the Exhibition Street
Extension Project, and the exhibit to that agreement, a copy of which was set
out in Schedule 6 to this Act as enacted by section 40 of the Melbourne City
Link (Exhibition Street Extension) Act 1998 or, if all or any of the
provisions of that agreement, or that exhibit, are added to, substituted,
cancelled or varied (whether or not the addition, substitution, cancellation
or variation is effected by way of the Integration and Facilitation Agreement
or otherwise) that agreement and exhibit as so varied;

the Integration and Facilitation Agreement means the agreement for integrating
and facilitating the Project and the Exhibition Street Extension Project, a
copy of which was set out in Schedule 5 to this Act as enacted by section 40
of the Melbourne City Link (Exhibition Street Extension) Act 1998, or, if all
or any of the provisions of that agreement are added to, substituted,
cancelled or varied, that agreement as so varied;

the Project has the meaning given by section 6;

toll zone means a toll zone specified under section 71(1)(a);

vehicle has the same meaning as motor vehicle has in the Road Safety Act 1986.