Victorian Numbered Acts

MAJOR TRANSPORT PROJECTS FACILITATION AMENDMENT ACT 2019 (NO. 10 OF 2019) - SECT 7

For sections 211 and 212 of the Principal Act substitute —

        "     211     Project authority must identify all utility infrastructure and utilities

A project authority must take all reasonable steps to identify—

        (a)     all utility infrastructure that may be affected by the development of the declared project; and

        (b)     every utility that owns, controls or operates utility infrastructure referred to in paragraph (a).

        211A     Project authority may notify identified utility for utility to notify location of its utility infrastructure

    (1)     A project authority may give a utility that the project authority has identified under section 211 a written notice (a project authority notice ) that complies with subsection (2).

    (2)     A notice referred to in subsection (1) must—

        (a)     specify the area or areas of land that forms part of the project area or that the project authority considers may form part of the project area (the specified area ); and

        (b)     state that the utility must give, within the notification period, written notice, in accordance with section 212, as to whether the utility owns, operates or controls utility infrastructure in the specified area; and

        (c)     state that if the utility gives written notice that it owns, operates or controls utility infrastructure in the specified area, the utility must—

              (i)     include, in the notice, a description of the nature of the utility infrastructure and its location; and

              (ii)     attach, to the notice, a plan that covers the specified area that shows—

    (A)     the location of the utility infrastructure within an area of 3 square metres or less; or

    (B)     at least 2 locations of the utility infrastructure in a way that will enable the project authority to determine the precise location of the infrastructure; and

        (d)     state that if the utility does not comply with section 212, any utility infrastructure owned, operated or controlled by the utility located in the specified area will be taken to be unnotified utility infrastructure for the purposes of this Part.

        212     Utility must comply with project authority notice

A utility that receives a project authority notice must comply with the notice—

        (a)     within 30 business days after receiving the notice; or

        (b)     if the project authority agrees, before the end of the period referred to in paragraph (a), to a longer period of time within which the utility must comply with the notice—within that longer period of time.".

        8     Negotiation trigger notice

In section 213 of the Principal Act—

        (a)     for "a notice under section 211" substitute "section 212";

        (b)     for "the end of the notification period" substitute "the utility has complied with that section".

        9     Section 216 substituted

For section 216 of the Principal Act substitute —

        "     216     Project authority or utility can commence dispute resolution procedure

Despite anything to the contrary in this Part, either of the parties may give written notice to the other party that a dispute exists to which this Division applies at any time after the start of the negotiation period.".

        10     New Part 11 inserted

After Part 10 of the Principal Act insert —

" Part 11—Transitional provisions—Major Transport Projects Facilitation Amendment Act 2019

        268     Definitions

In this Part—

"amending Act" means Major Transport Projects Facilitation Amendment Act 2019 ;

"commencement day" means the day on which the amending Act comes into operation;

"North East Link Project" means the transport project declared to be a declared project under section 10, the declaration of which was published in the Government Gazette on 19 June 2018.

        269     Identification of utility infrastructure and utilities for the purposes of North East Link Project

On the commencement day, any steps taken by the project authority for the North East Link Project to identify utility infrastructure, and the utilities that own, operate or control that utility infrastructure, for the purposes of developing the North East Link Project are taken to be reasonable steps for the purposes of section 211 (as substituted by section 7 of the amending Act).

        270     Utility responses in relation to location of utility infrastructure for the purposes of North East Link Project

    (1)     This section applies if before the commencement day a utility has, in response to a request from the project authority for the North East Link Project about the location of utility infrastructure that it owns, operates or controls, given the project authority the requested information.

    (2)     On the commencement day, the utility is taken to have complied with section 212 (as substituted by section 7 of the amending Act).".

        11     Statute law revision

In section 230(2) of the Principal Act, for "instituted" substitute "commenced".

        12     Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the  Interpretation of Legislation Act 1984 ).

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