MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009
Table of Provisions
PART 1--PRELIMINARY
PART 2--MAJOR TRANSPORT PROJECT DECLARATIONS
- 10 Declaration of a transport project
- 12 Assessment of transport project before declaration
- 13 Project declaration guidelines
- 14 Premier must appoint Minister to be the Project Minister for a declared project
- 15 Project Minister must appoint project proponent
- 15A Delegation by Project Minister
- 15B Planning Minister may declare associated works
PART 3--ASSESSMENT AND APPROVAL OF MAJOR TRANSPORT PROJECTS
Division 1--Guidelines for this Part
- 16 Project proposal guidelines
- 17 Impact assessment guidelines
- 18 Publication fee guidelines
Division 2--Project proposals
- 19 Preparation of project proposal
Division 3--Determination of appropriate impact assessment process
- 20 Planning Minister must make determination as to appropriate impact assessment
- 21 Effect of determination
Division 4--Impact management plans
- 22 Specification of matters to be considered and addressed in impact management plan
- 23 Planning Minister may request further information in exceptional circumstances
- 24 Determining 25 business day period for the preparation of scoping directions
- 25 Project proponent must consult with specified persons as directed by Planning Minister
- 26 Project proponent must comply with this Division
- 27 Content of impact management plans
- 28 Impact assessment guidelines must be had regard to when preparing impact management plan
- 29 Completed impact management plan to be given to Planning Minister
Division 5--Comprehensive impact statements
- 30 Specification of matters to be considered and addressed in comprehensive impact statements
- 31 Planning Minister may request further information or public comment and submissions in exceptional circumstances
- 32 Determining the 25 business day period for scoping directions after notice for further information
- 33 Extension of period of time for preparation of scoping directions because of public consultation
- 34 Amendment of scoping directions by Planning Minister
- 34A Amendment of scoping directions on application by project proponent
- 35 Establishment of assessment committee
- 36 Content of terms of reference for assessment committee
- 37 Publication of assessment committee terms of reference
- 38 Project proponent must comply with this Division
- 39 Content of comprehensive impact statements
- 40 Impact assessment guidelines must be had regard to when preparing comprehensive impact statement
- 41 Submission of comprehensive impact statement to Secretary
- 42 Consideration of comprehensive impact statement by Secretary
- 42A Appointment of person where Secretary is project proponent
- 43 Revisions to draft comprehensive impact statements
- 44 Application
- 45 Time period for public exhibition
- 46 Public exhibition of comprehensive impact statement
- 47 Notification of public exhibition of comprehensive impact statement
- 48 Content of public notice of comprehensive impact statement
- 49 Public availability of comprehensive impact statement
- 50 Notification of applicable law decision makers of public exhibition of comprehensive impact statement
- 51 Comprehensive impact statements to be given to agencies and applicable law decision makers
- 51A Development licences
- 52 Public submissions on comprehensive impact statements
- 53 Assessment committee must disclose properly made submissions unless they are confidential
- 54 Review of submissions by assessment committee
- 55 Public submissions on comprehensive impact statements to be given to project proponent
- 56 Consultation with persons who have made submissions to clarify matters in submissions
- 57 Preliminary hearings
- 58 Notification of preliminary hearings
- 59 Comprehensive impact statement issues report or statement
- 61 Project proponent must review comprehensive impact statement
- 62 Publication and submission of revised comprehensive impact statement
- 63 Assessment committee to be notified of publication
- 64 EPA to advise Planning Minister regarding development licences
- 65 Advice of applicable law decision makers in relation to application of applicable law criteria
- 66 Notification of formal public hearing to be conducted
- 67 Direction to project proponent to publish formal public hearing time and place on Internet
- 68 Conduct of formal public hearing by assessment committee
- 69 Consideration of further assessments arising out of a formal public hearing or submissions
- 70 Assessment committee may request further information from project proponent
- 71 Planning Minister may direct project proponent to undertake a supplementary assessment
- 72 Supplementary assessments of further options
- 73 Assessment committee recommendations
- 74 Specific applicable approval—Environment protection development licences
- 75 Giving and notification of cultural heritage management plans
Division 7--Approval decisions
- 76 Application of Division
- 77 Approval decisions
- 78 Approval decisions for planning scheme amendments
- 79 Consultation required in impact management plan cases
- 80 Contents of approval decisions
- 81 Time within which approval decision must be made
- 82 Giving and publication of approval decision
- 83 Publication of assessment committee recommendation
- 84 Effect of approval decision granting the applicable approvals for a declared project
- 85 Modification of application of the Planning and Environment Act 1987
- 86 Amendments to provisions of planning schemes must not require planning permit for works
- 87 Modification of the application of the Flora and Fauna Guarantee Act 1988
- 88 Modification of the application of the Heritage Act 2017
Division 8--Approval decision variations
- 89 Applications for variations
- 90 Planning Minister to make determination on application
- 91 Application of Part to variation sought by project authority
- 92 Development of approved project may continue in some cases while a variation sought
Division 9--Other matters
- 93 Correction of mistakes
- 94 Reports to the Premier in relation to compliance with time limits under this Part
PART 4--THE PROJECT AREA
- 95 Designation of project area
- 96 Variations to project area
- 97 Consolidated plans for project area
- 98 Planning scheme amendment powers of Planning Minister in relation to variations to project area
- 98A Plans to be published on the Internet
PART 5--A PROJECT AUTHORITY'S FUNCTIONS AND POWERS
Division 2--Functions and powers of a project authority
- 101 A project authority's functions
- 102 A project authority's powers
- 102A Project authority to be referral authority
- 103 Delegation—to staff and members
- 104 Delegation—when the Secretary is the project authority
- 105 Delegation—to the project contractor
- 106 Sub-delegations by project contractor
- 107 Application of Interpretation of Legislation Act 1984 to sub‑delegations by project contractor
- 108 Project contractor to notify project authority before performing a road function
- 109 Project authority subject to Project Minister direction or control
Division 3--End of declared project
- 110 Notification of completion of approved project
- 111 Effect of notification of completion of an approved project
PART 6--PROJECT DELIVERY
Division 1AA--Dealing in land before designation of project area and with specified entities
- 111A Definition
- 111B Powers of project authority and project proponent to deal in land before designation of project area
- 111C Powers of project authority to deal in land with specified entities after designation of project area
- 111D Land Acquisition and Compensation Act 1986 does not apply
Division 1--Acquisition of land in the project area
Division 2--Acquisition of native title rights and interests
- 125 Application of Division
- 126 Project Minister may order compulsory acquisition
- 127 Compulsory acquisition of native title rights and interests
- 128 Acquired right or interest to vest in Crown
- 129 Procedure for acquisition
- 130 Referral of objections to VCAT
- 131 Determination of VCAT on objection
- 132 Disputed claims for compensation—native title land
Division 3--Acquisition of land outside the project area
- 133 Power of project authority to purchase land
Division 4--Provision of public land and Council land
- 134 Order for surrender, divesting or acquisition of land of public authorities and Councils
- 135 Surrender of interests in unreserved Crown land
- 136 Effect of surrender or divesting to, or acquisition by, the Crown
- 136A Effect of divesting to or acquisition by project authority
- 137 Temporary reservation may be amended or revoked
- 137B Surrender of land by project authority
- 138 Land Acts not to apply
- 139 Revocation of reservations—entire reservation
- 140 Revocation of reservations—part of reservation
- 141 Effect of revocation of reservation
- 142 Temporary reservation may be amended or revoked
- 142A Other Crown land to be designated for approved project
- 142B Grant of Crown land to project authority
- 143 Minister to be notified of reservation
- 144 Orders may continue or declare roads
- 145 Compensation—general
- 146 Compensation for Councils in certain circumstances
- 147 Transfer of building or structure as compensation
- 148 Adjoining land may be provided as compensation
- 149 No other compensation payable
Division 5--Entry into possession of certain project land
- 151 Power to enter into possession
- 152 Project authority must try to obtain agreement
- 153 Time for entry into possession—general
- 154 Time for entry into possession—residence or business
- 155 Early entry of place of residence or business
- 155A Entry into possession of underground land
- 156 Occupation may be extended by agreement
- 157 Continued occupation without agreement
- 158 Recovery of rent
- 159 Proceedings where refusal to give up possession
- 160 Certain legislation not to apply
Division 6--Underground land
- 161A Application of Division
- 162 Declaration of underground land as project land
- 162A Effect of declaration of underground land as project land
- 162B Easements below ground level
- 163 Compensation—underground land
- 164 Transfer of building or structure as compensation
- 165 Compensation for denial of access
- 165A No other compensation payable
Division 7--Management of land for project
- 165B Power of entry on land before designation of project area
- 165C Power of entry on land after designation of project area
- 165D Power of temporary occupation
- 165E Notice of temporary occupation
- 165F Power to investigate and remove trees and vegetation
- 165G Power to install temporary ground supports
- 165H Obligations in relation to exercise of powers
- 165I Project authority to prepare condition report for occupied land
- 165J Project authority to fence lands before using them
- 165K Compensation for entry or temporary occupation
- 165L Rent for temporary occupation
- 165M Liability of project authority for nuisance
- 165N Obstruction of temporary occupation
- 166 Project authority appointed committee of management
- 167 Project authority may enter, occupy, use and carry out works on certain land
- 168 Licence or tenancy agreement under Crown Land (Reserves) Act 1978
- 168A Project authority may carry out or authorise associated works
- 169 Project authority liable to pay compensation to persons whose interests are affected
- 171 Powers in relation to easements
- 171A Transfer of easements to utilities or transport bodies
- 172 Application
- 173 Project authority may issue licence for purposes of approved project
- 174 Term of licence
- 175 Conditions of licence
- 176 Application
- 177 Leasing powers
- 178 Term of lease over project land that is Crown land
- 179 Conditions of lease
- 180 Surplus land
- 181 Dealing with surplus Crown land
- 182 Removal of reservation of Crown land before estates or interests granted under section 181
- 183 Reservation of surplus land—Crown
- 184 Project authority may enter into agreements for surplus land
- 185 Disposition of surplus land—fee simple land
Division 8--Road management
- 186 Works powers in relation to roads
- 186A Power to discontinue or realign a road
- 186B Effect of notice of discontinuance of road
- 186C Effect of notice of realignment of road
- 186D Other powers relating to the management of roads and traffic
- 186E Notification of exercise of road powers relating to temporary deviations and road closures
- 187 Project authority to advise coordinating road authority before exercising power
- 188 Exercise of road powers by relevant road authorities
- 189 Project authority consent required for certain road works or to discontinue a road
- 191 Compensation for denial of access following discontinuation or realignment of road
- 191A Compensation for temporary diversions or deviations of road that deny access
- 192 Compensation for affected utilities
- 193 Declaration of roads
- 194 Power to revoke declaration
- 195 Road authority may not declare roads in project area if not the project authority
- 195A Powers concerning the leaving standing of vehicles in parking areas on roads
- 195B Removal of stationary vehicles
- 195C Power to move other obstructions
- 195D Recovery of costs incurred for moving and storing vehicles and other obstructions
- 195E Secretary may disclose certain information for the purposes arranging the moving of vehicles from closed roads
Division 9--Restricted access areas
- 196 Restricted access areas
- 197 Appointment of authorised officers
- 198 Identification of authorised officers
- 199 Project authority may authorise persons to be in restricted access areas
- 200 Project authority may warn people to leave restricted access area
- 201 Warning people to leave restricted access area
- 202 Direction not to enter restricted access area
- 203 Offence to enter any part of restricted access area
- 204 Offence not to produce certificate on demand
- 205 Offence to hinder or obstruct authorised officer
- 206 Evidence as to area being marked off
Division 10--Other matters
PART 7--INTERFACE WITH UTILITIES
Division 1--Interpretation
- 208 Definitions
- 209 Meaning of unnotified utility infrastructure
- 210 Meaning of utility agreement
Division 2--Utility infrastructure notification and identification
- 211 Project authority must identify all utility infrastructure and utilities
- 211A Project authority may notify identified utility for utility to notify location of its utility infrastructure
- 212 Utility must comply with project authority notice
Division 3--Negotiation of utility agreements
- 213 Negotiation trigger notice
- 214 Reasonable endeavours must be used to negotiate utility agreement during negotiation period
- 215 Ministers to be notified if no agreement is reached
Division 4--Dispute resolution if there is no agreement
- 216 Project authority or utility can commence dispute resolution procedure
- 217 Parties must use reasonable endeavours to agree to expert for the purposes of dispute
- 218 Notification of Project Minister
- 219 Project Minister must appoint expert agreed to by parties
- 220 Project Minister must choose expert where there is no agreement by the parties as to the expert
- 221 Fees of, and costs incurred by, expert
- 222 Immunity for expert
- 223 Expert to commence dispute resolution within 5 business days after appointment
- 224 Determination of procedure by expert
- 225 Parties may make submissions
- 226 Determination of expert resolving dispute
- 227 Termination of approved utility agreement
- 228 Expert may engage legal and other assistance
- 229 Parties are liable to Project Minister for expert's costs paid by the Minister
- 230 Appeal to Supreme Court from a determination of expert
- 231 Model utility agreement guidelines
Division 5--Unnotified utility infrastructure
- 232 Notification in relation to unnotified utility infrastructure
- 233 Removal, relocation or protection of unnotified utility infrastructure
- 234 Damage to unnotified utility infrastructure
PART 8--ASSESSMENT COMMITTEES
Division 1--Establishment of assessment committees
- 235 Establishment of assessment committees
- 236 Function of assessment committees
- 237 Membership of committees
- 238 Terms of appointment
- 239 Resignation
- 240 Procedure at committee meetings
- 241 Consultation
- 242 Disclosure of interests
Division 2--Hearings
- 243 Directions about hearings
- 244 Hearings to be in public
- 245 General procedure for hearings
- 246 Who may appear before an assessment committee?
- 247 Effect of failure to attend hearing
- 248 Committee may hear two or more submissions together
- 249 Adjournment of hearings
- 250 Technical defects
- 251 Committee may take into account any relevant matter
- 252 Offences
- 253 Project proponent to pay assessment committee's costs
PART 9--GENERAL
- 254 Secretary may delegate powers to employees
- 254A Public officials to expedite projects
- 255 Enforcement of Building Act 1993
- 256 Taxes and duties
- 257 Rates and charges
- 258 Limitation on powers of Councils to make local laws
- 258A Approval of Councils not required
- 259 Action by Registrar of Titles
- 260 Exclusion of proportionate liability under Wrongs Act 1958
- 261 Time limit for proceedings for reviews of approval decisions
- 262 Reviews of approval decisions
- 263 No appeal or review of decisions under Parts 1, 2, 3 or 4 (except approval decisions)
- 264 How notices or documents may be given
- 265 Supreme Court—limitation of jurisdiction
- 266 Regulations
PART 10--TRANSITIONAL PROVISIONS--MAJOR TRANSPORT PROJECTS FACILITATION AMENDMENT (EAST WEST LINK AND OTHER PROJECTS) ACT 2013
- 267 Project proponent of already declared projects may resubmit project proposal
PART 11--TRANSITIONAL PROVISIONS--MAJOR TRANSPORT PROJECTS FACILITATION AMENDMENT ACT 2019
- 268 Definitions
- 269 Identification of utility infrastructure and utilities for the purposes of North East Link Project
- 270 Utility responses in relation to location of utility infrastructure for the purposes of North East Link Project
PART 12--TRANSITIONAL PROVISIONS--SUBURBAN RAIL LOOP ACT 2021
- 271 Entry or temporary occupation under the Land Acquisition and Compensation Act 1986
- 272 Compensation in relation to underground land
- 273 Compensation in relation to public land
- 274 Temporary access to Crown land
- 275 Exercise of powers relating to roads
- 276 Compensation for relocated roads
- 277 Compensation for utilities affected by relocated roads