SUBURBAN RAIL LOOP ACT 2021 (NO. 43 OF 2021)

Victorian Numbered Acts

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SUBURBAN RAIL LOOP ACT 2021 (NO. 43 OF 2021)

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Filming Approval Act 2014
5. Suburban Rail Loop program objectives
6. Act binds the Crown
7. Extraterritorial operation

PART 2--SUBURBAN RAIL LOOP AUTHORITY

Division 1--Establishment

8. Establishment
9. Official seal
10. Object of Authority
11. Authority represents the Crown

Division 2--Functions and powers

12. Functions of Authority
13. General powers of Authority
14. Ministerial approval required for certain activities
15. Ministerial approval required for certain transactions
16. Land and other property transfers
17. Ministerial directions
18. Power to give direction to act in commercial manner

Division 3--Board of the Authority

19. Board of Directors
20. Constitution of board
21. Appointment of directors
22. Eligibility criteria for appointment of directors
23. Acting appointments
24. Vacancies and removal from office
25. Resignation
26. Suspension
27. Proceedings of board
28. Participation in meetings by telephone etc.
29. Resolutions without meetings
30. Disclosure of interests
31. Authority must publish certain codes, policies, procedures or processes
32. Authority not to make loans to directors
33. Indemnity

Division 4--Staffing and delegation

34. Chief executive officer
35. Acting chief executive officer
36. Staff
37. Delegation by Authority

Division 5--Corporate plan

38. Corporate plan
39. Consultation regarding corporate plan
40. Modification of corporate plan
41. Directions in relation to corporate plan
42. Statement of corporate intent—contents
43. Corporate plan to be followed
44. Board to give notice of significant events
45. Nothing void merely because of non-compliance

Division 6--Financial provisions

46. General Fund
47. Project Funds
48. Borrowing and investment by Authority
49. Capital
50. Dividends
51. Exceptions from State Owned Enterprises Act 1992
52. Exemption from duties, rates, taxes, levies or charges

Division 7--Special land acquisition and development powers

53. Compulsory acquisition of land
54. Cultural and Recreational Lands Act 1963
55. Authority may enter into certain agreements for land within or anticipated to be within a project area

Division 8--Special project development related functions and powers

56. Power to enter land by persons authorised by Authority
57. Authorised persons for the purposes of section 56
58. Utility interface powers in relation to Suburban Rail Loop program

Division 9--Reports by the Authority

59. Reports to Minister or Treasurer
60. Annual report of operations

Division 10--Miscellaneous

61. Validity of decisions—board
62. Validity of decisions—chief executive officer
63. Reciprocal arrangements with Ministers, public sector entities and public authorities
64. Minister may declare subsidiary represents Crown

PART 3--SUBURBAN RAIL LOOP PLANNING INTERFACE

65. Declaration of Suburban Rail Loop planning areas
66. Preparation of plans of the purposes of Suburban Rail Loop planning area declarations
67. Publication of Suburban Rail Loop planning area declaration
68. When a Suburban Rail Loop planning area declaration takes effect
69. Minister to ensure consolidated version of Suburban Rail Loop planning area declaration is available
70. Minister to give Suburban Rail Loop planning area declaration to Planning and Environment Act Minister
71. Minister to give Suburban Rail Loop planning area declaration to affected Councils

PART 4--SUBURBAN RAIL LOOP PROJECTS

Division 1--Commencement of projects

72. Declaration of Suburban Rail Loop projects
73. Content of Suburban Rail Loop project declaration
74. More than one Suburban Rail Loop project declaration may specify the same area of land
75. Publication of Suburban Rail Loop project declaration
76. When a Suburban Rail Loop project declaration takes effect
77. Premier to ensure consolidated version of Suburban Rail Loop project declaration is available
78. Interrelationship with Major Transport Projects Facilitation Act 2009

Division 2--Completion of projects

79. Notification of completion of Suburban Rail Loop project or a part of a project
80. Project completion declaration
81. Content of project completion declaration
82. Publication of project completion declaration
83. When project completion declaration takes effect
84. Authority ceases to have functions in relation to applicable project area under the Major Transport Projects Facilitation Act 2009

PART 5--GENERAL

85. Delegation by Minister
86. Improper use of information
87. Information to be confidential
88. Who is connected with Authority
89. Obligations of public entities and public service bodies
90. Governor in Council may require public authorities to act
91. Proceedings
92. Evidence
93. Service of documents
94. Other laws not affected
95. Exclusion of proportionate liability under Wrongs Act 1958
96. Excluded matter for Corporations Act
97. Certain instruments are not legislative instruments for the purposes of Subordinate Legislation Act 1994
98. Regulations

PART 6--SAVINGS, TRANSITIONALS AND RELATED PROVISIONS

Division 1--Preliminary

99. Definitions
100. Application of Interpretation of Legislation Act 1984
101. Minister may fix relevant date

Division 2--Transfer of property, rights and liabilities

102. Secretary to prepare allocation statement or statements
103. Certificate of Secretary
104. Property, rights and liabilities allocated in accordance with statement
105. Allocation of property etc. subject to encumbrances
106. Substitution of party to agreement
107. Former Crown instruments
108. Proceedings
109. Taxes
110. Evidence

Division 3--Other transitional arrangements

111. Chief executive officer of the Authority
112. Superseded references

Division 4--Other provisions related to transition to Authority

113. Partial revocation of certain reserved land

Division 5--Miscellaneous

114. Validity of things done under this Part
115. Regulations dealing with transitional matters

PART 7--AMENDMENT OF PLANNING AND ENVIRONMENT ACT 1987

116. Definitions
117. Obligations of Department Head in relation to Yarra River land
118. Obligations of Department Head in relation to declared areas
119. Municipal council as planning authority for its municipal district
120. Municipal council as planning authority for area adjoining municipal district
121. New sections 8C and 8D inserted
122. New section 9A inserted
123. Exemption from giving notice
124. New section 34A inserted
125. Approval of amendment by Minister
126. Parliament may revoke an amendment
127. Defects in procedure
128. Advisory committees
129. Appointment of panels
130. New section 158AA inserted
131. Exemption from paying GAIC for land dealings involving public authorities and councils
132. Repeal of this Part

PART 8--AMENDMENT OF MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009

133. Definitions
134. New section 4A inserted
135. Designation of project contractor
136. Designation of project area
137. Variations to project area
138. Consolidated plans for project area
139. Division 1 of Part 5 repealed

Division 1--of Part 5 of the Major Transport Projects Facilitation Act 2009 is repealed.

140. A project authority's functions
141. Section 102 substituted
142. Delegation—when the Secretary is the project authority
143. New Division 1AA inserted in Part 6
144. Powers of acquisition
145. Application of Land Acquisition and Compensation Act 1986
146. New section 113A inserted
147. Section 114 substituted
148. Certain acquired land taken to be reserved
149. Acquisition of easement—easement in gross
150. Section 117 substituted
151. Modification of Land Acquisition and Compensation Act 1986—general
152. Sections 119, 120 and 121 repealed
153. Planning compensation
154. Modification of Land Acquisition and Compensation Act 1986—regulations
155. Transfer of building or structure as compensation
156. Compulsory acquisition of native title rights and interests
157. Power of project authority to purchase land
158. Amendment of heading to Subdivision 1 of Division 4 of Part 6
159. Surrender or divesting of land of public authorities and Councils
160. Surrender of interests in unreserved Crown land
161. Effect of surrender or divesting
162. New section 136A inserted
163. Temporary reservation may be amended or revoked
164. Section 137A repealed
165. Surrender of land by project authority
166. Revocation of reservations—entire reservation
167. Revocation of reservations—part of reservation
168. Effect of revocation of reservations
169. Temporary reservation may be amended or revoked
170. New heading to Subdivision 2A of Division 4 of Part 6
171. Other Crown land to be designated for approved project
172. New section 142B inserted
173. Orders may continue or declare roads
174. Compensation—surrender, divesting or revocation of reservation
175. Compensation for Councils in certain circumstances
176. Effect of reservation of a stratum of Crown land
177. Power to enter into possession
178. Project authority must try to obtain agreement
179. Early entry of place of residence or business
180. New section 155A inserted
181. Recovery of rent
182. Section 160 substituted
183. Section 161 repealed
184. Amendment of heading to Division 6 of Part 6
185. New section 161A inserted
186. Section 162 substituted and new sections 162A and 162B inserted
187. Sections 163 and 164 substituted
188. New section 165A inserted
189. Heading to Subdivision 1 of Division 7 of Part 6 amended
190. New sections 165B to 165N inserted
191. New Subdivision 1A heading inserted in Division 7 of Part 6
192. Sections 167 and 168 substituted
193. Project authority liable to pay compensation
194. Section 170 repealed
195. New Subdivision 1B heading inserted in Division 7 of Part 6
196. Section 171A substituted
197. Application of Subdivision 2 of Division 7 of Part 6
198. Application of Subdivision 3 of Division 7 of Part 6
199. Surplus land
200. Section 181 substituted
201. Removal of reservation of Crown land before estates or interests granted under section 181
202. Section 183 substituted
203. Section 186 substituted and new sections 186A to 186E inserted
204. Project authority to advise coordinating road authority before exercising power
205. Sections 188 and 189 substituted
206. Section 190 repealed—temporary closure of roads to traffic
207. Compensation for denial of access following discontinuation or realignment of road
208. New section 191A inserted
209. Compensation for affected utilities
210. New Subdivision 3 of Division 8 of Part 6 inserted
211. New section 207A inserted
212. Taxes and duties
213. Limitation on powers of Councils to make local laws
214. Approval of Councils not required
215. New section 264 inserted
216. New Part 12 inserted
217. Consequential amendments—changes relating to giving notice and notifying persons
218. Repeal of this Part

PART 9--AMENDMENT OF OTHER ACTS

219. Amendment of other Acts
220. Repeal of this Part and Schedule 1
SCHEDULE 1
ENDNOTES

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