MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009 (NO. 56 OF 2009)

Table of Provisions

PART 1--PRELIMINARY

• 1 Purpose  
• 2 Commencement  
• 3 Definitions  
• 4 Meaning of application fee  
• 5 Meaning of project proposal  
• 6 Project Minister may appoint entity to be the project authority for an approved project  
• 7 Designation of project contractor  
• 8 Application of Crown Land (Reserves) Act 1978  
• 9 Act to bind the Crown  

PART 2--MAJOR TRANSPORT PROJECT DECLARATIONS

• 10 Declaration of a transport project  
• 11 Premier must consult with the Planning Minister before making recommendation  
• 12 Assessment of transport project before recommendation  
• 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  

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  
Subdivision 2--Preparation of impact management plan
• 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  
Subdivision 2--Assessment committees
• 35 Establishment of assessment committee  
• 36 Content of terms of reference for assessment committee  
• 37 Publication of assessment committee terms of reference  
Subdivision 3--Preparation of comprehensive impact statements
• 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 Planning Minister  
• 42 Consideration of comprehensive impact statement by Planning Minister  
• 43 Revisions to draft comprehensive impact statements  
Subdivision 4--Public exhibition of 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  
• 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  
• 60 Project proponent must prepare a schedule of possible revisions that address issues in report  
Subdivision 5--Refinement of comprehensive impact statements and options for declared project
• 61 Project proponent must revise comprehensive impact statement  
• 62 Publication and submission of revised comprehensive impact statement  
• 63 Assessment committee to be notified of publication  
Subdivision 6--Other requirements before formal public hearings
• 64 Revised comprehensive impact statement and works approvals  
• 65 Advice of applicable law decision makers in relation to application of applicable law criteria  
Subdivision 7--Formal public hearings
• 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  
Subdivision 8--Supplementary comprehensive impact statement assessments
• 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  
Subdivision 9--Assessment committee recommendations in relation to comprehensive impact statements
• 73 Assessment committee recommendations  
• 74 Specific applicable approval—Environment protection works approvals  

Division 6--Interaction with the Aboriginal Heritage Act 2006

• 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  
Subdivision 3--Planning scheme amendments
• 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  
Subdivision 4--Other applicable law exclusions and modifications
• 87 Modification of the application of the Flora and Fauna Guarantee Act 1988  
• 88 Modification of the application of the Heritage Act 1995  

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  

PART 5--A PROJECT AUTHORITY'S FUNCTIONS AND POWERS

Division 1--Interpretation

• 99 Definitions  
• 100 Specification of project powers  

Division 2--Functions and powers of a project authority

• 101 A project authority's functions  
• 102 A project authority's powers  
• 103 Delegation—to staff and members  
• 104 Delegation—when the Director of Public Transport 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 1--Acquisition of land in the project area

• 112 Powers of acquisition  
• 113 Application of Land Acquisition and Compensation Act 1986  
• 114 Acquired land to be Crown land  
• 115 Certain acquired land taken to be reserved  
• 116 Acquisition of easement—easement in gross  
• 117 Acquisition by project authority—effect on utilities  
• 118 Modification of Land Acquisition and Compensation Act 1986—general  
• 119 Modification of Land Acquisition and Compensation Act 1986—temporary occupation  
• 120 Compensation for entry or temporary occupation  
• 121 Project authority to prepare condition report for occupied land  
• 122 Modification of Land Acquisition and Compensation Act 1986—regulations  
• 123 Transfer of building or structure as compensation  
• 124 Adjoining land may be provided as compensation  

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 Surrender or divesting of land of public authorities and Councils  
• 135 Surrender of interests in unreserved Crown land  
• 136 Effect of surrender or divesting  
• 137 Temporary reservation may be amended or revoked  
Subdivision 2--Removal of reservations on land
• 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  
Subdivision 3--Notification of reservations
• 143 Minister to be notified of reservation  
Subdivision 4--Declaration of roads
• 144 Orders may continue or declare roads  
• 145 Compensation—surrender, divesting or revocation of reservation  
• 146 Compensation for Councils in certain circumstances  
• 147 Transfer of building or structure as compensation  
• 148 Adjoining land may be provided as compensation  
Subdivision 6--Other matters
• 149 No other compensation payable  
• 150 Effect of reservation of a stratum of Crown land  

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  
• 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 Residential Tenancies Act 1997 not to apply  
• 161 Giving of notices and documents  

Division 6--Acquisition of stratum of land below ground level

• 162 Acquisition of stratum of land below ground level  
• 163 Compensation—underground land held in fee simple by private persons  
• 164 Compensation—underground land surrendered by or divested from public authority or Council  
• 165 Compensation for denial of access  

Division 7--Management of land for project

• 166 Project authority appointed committee of management  
• 167 Project authority may carry out or authorise works on public land  
• 168 Application of Crown Land (Reserves) Act 1978  
• 169 Project authority liable to pay compensation  
• 170 Temporary access to Crown land  
• 171 Powers in relation to easements  
Subdivision 2--Licences
• 172 Application  
• 173 Project authority may issue licence for purposes of approved project  
• 174 Term of licence  
• 175 Conditions of licence  
Subdivision 3--Leases
• 176 Application  
• 177 Leasing powers  
• 178 Term of lease over project land that is Crown land  
• 179 Conditions of lease  
Subdivision 4--Other land powers
• 180 Surplus land  
• 181 Disposition of surplus land—Crown  
• 182 Removal of reservation of Crown land that is surplus land for sale  
• 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 Powers relating to roads  
• 187 Project authority to advise coordinating road authority before exercising power  
• 188 Exercise of powers by coordinating road authority  
• 189 Effect of decision about road  
• 190 Temporary closure of roads to traffic  
• 191 Compensation for denial of access  
• 192 Compensation for affected utilities  
Subdivision 2--Road declaration powers
• 193 Declaration of roads  
• 194 Power to revoke declaration  
• 195 Road authority may not declare roads in project area if not the project authority  

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

• 207 Cultural and Recreational Lands Act 1963  

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 Notification of proposed works for the development of the approved project  
• 212 Utility must comply with 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 after end of negotiation period  
• 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  
• 255 Enforcement of Building Act 1993  
• 256 Taxes and duties  
• 257 Rates and charges  
• 258 Limitation on powers of Councils to make local laws  
• 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 Schedule 2—related and consequential amendments to other Acts  
• 265 Supreme Court—limitation of jurisdiction  
• 266 Regulations  
• SCHEDULE 1
• SCHEDULE 2
ENDNOTES