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Suburban Rail Loop Act 2021
No. of 2021
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Filming Approval Act 2014 10
5 Suburban Rail Loop program objectives 10
6 Act binds the Crown 11
7 Extraterritorial operation 12
Part 2--Suburban Rail Loop Authority 13
Division 1--Establishment 13
8 Establishment 13
9 Official seal 13
10 Object of Authority 13
11 Authority represents the Crown 13
Division 2--Functions and powers 14
12 Functions of Authority 14
13 General powers of Authority 17
14 Ministerial approval required for certain activities 19
15 Ministerial approval required for certain transactions 20
16 Land and other property transfers 20
17 Ministerial directions 20
18 Power to give direction to act in commercial manner 22
Division 3--Board of the Authority 22
19 Board of Directors 22
20 Constitution of board 22
21 Appointment of directors 22
22 Eligibility criteria for appointment of directors 23
23 Acting appointments 24
24 Vacancies and removal from office 26
25 Resignation 27
26 Suspension 27
27 Proceedings of board 27
28 Participation in meetings by telephone etc. 27
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Clause Page
29 Resolutions without meetings 28
30 Disclosure of interests 29
31 Authority must publish certain codes, policies, procedures or
processes 30
32 Authority not to make loans to directors 30
33 Indemnity 31
Division 4--Staffing and delegation 31
34 Chief executive officer 31
35 Acting chief executive officer 32
36 Staff 33
37 Delegation by Authority 33
Division 5--Corporate plan 34
38 Corporate plan 34
39 Consultation regarding corporate plan 35
40 Modification of corporate plan 36
41 Directions in relation to corporate plan 36
42 Statement of corporate intent--contents 37
43 Corporate plan to be followed 37
44 Board to give notice of significant events 38
45 Nothing void merely because of non-compliance 38
Division 6--Financial provisions 38
46 General Fund 38
47 Project Funds 39
48 Borrowing and investment by Authority 41
49 Capital 41
50 Dividends 41
51 Exceptions from State Owned Enterprises Act 1992 42
52 Exemption from duties, rates, taxes, levies or charges 42
Division 7--Special land acquisition and development powers 43
53 Compulsory acquisition of land 43
54 Cultural and Recreational Lands Act 1963 44
55 Authority may enter into certain agreements for land within or
anticipated to be within a project area 44
Division 8--Special project development related functions and
powers 45
56 Power to enter land by persons authorised by Authority 45
57 Authorised persons for the purposes of section 56 47
58 Utility interface powers in relation to Suburban Rail Loop
program 47
Division 9--Reports by the Authority 48
59 Reports to Minister or Treasurer 48
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Clause Page
60 Annual report of operations 48
Division 10--Miscellaneous 49
61 Validity of decisions--board 49
62 Validity of decisions--chief executive officer 50
63 Reciprocal arrangements with Ministers, public sector entities
and public authorities 50
64 Minister may declare subsidiary represents Crown 51
Part 3--Suburban Rail Loop planning interface 52
65 Declaration of Suburban Rail Loop planning areas 52
66 Preparation of plans of the purposes of Suburban Rail Loop
planning area declarations 52
67 Publication of Suburban Rail Loop planning area declaration 53
68 When a Suburban Rail Loop planning area declaration takes
effect 53
69 Minister to ensure consolidated version of Suburban Rail Loop
planning area declaration is available 53
70 Minister to give Suburban Rail Loop planning area declaration
to Planning and Environment Act Minister 54
71 Minister to give Suburban Rail Loop planning area declaration
to affected Councils 54
Part 4--Suburban Rail Loop projects 56
Division 1--Commencement of projects 56
72 Declaration of Suburban Rail Loop projects 56
73 Content of Suburban Rail Loop project declaration 57
74 More than one Suburban Rail Loop project declaration may
specify the same area of land 57
75 Publication of Suburban Rail Loop project declaration 57
76 When a Suburban Rail Loop project declaration takes effect 58
77 Premier to ensure consolidated version of Suburban Rail Loop
project declaration is available 58
78 Interrelationship with Major Transport Projects Facilitation
Act 2009 59
Division 2--Completion of projects 60
79 Notification of completion of Suburban Rail Loop project or a
part of a project 60
80 Project completion declaration 60
81 Content of project completion declaration 61
82 Publication of project completion declaration 62
83 When project completion declaration takes effect 62
84 Authority ceases to have functions in relation to applicable
project area under the Major Transport Projects Facilitation
Act 2009 62
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Clause Page
Part 5--General 63
85 Delegation by Minister 63
86 Improper use of information 64
87 Information to be confidential 65
88 Who is connected with Authority 66
89 Obligations of public entities and public service bodies 66
90 Governor in Council may require public authorities to act 67
91 Proceedings 67
92 Evidence 68
93 Service of documents 69
94 Other laws not affected 70
95 Exclusion of proportionate liability under Wrongs Act 1958 71
96 Excluded matter for Corporations Act 71
97 Certain instruments are not legislative instruments for the
purposes of Subordinate Legislation Act 1994 72
98 Regulations 72
Part 6--Savings, transitionals and related provisions 74
Division 1--Preliminary 74
99 Definitions 74
100 Application of Interpretation of Legislation Act 1984 75
101 Minister may fix relevant date 75
Division 2--Transfer of property, rights and liabilities 76
102 Secretary to prepare allocation statement or statements 76
103 Certificate of Secretary 76
104 Property, rights and liabilities allocated in accordance with
statement 77
105 Allocation of property etc. subject to encumbrances 78
106 Substitution of party to agreement 78
107 Former Crown instruments 78
108 Proceedings 79
109 Taxes 79
110 Evidence 79
Division 3--Other transitional arrangements 80
111 Chief executive officer of the Authority 80
112 Superseded references 80
Division 4--Other provisions related to transition to Authority 81
113 Partial revocation of certain reserved land 81
Division 5--Miscellaneous 83
114 Validity of things done under this Part 83
115 Regulations dealing with transitional matters 84
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Clause Page
Part 7--Amendment of Planning and Environment Act 1987 86
116 Definitions 86
117 Obligations of Department Head in relation to Yarra River
land 86
118 Obligations of Department Head in relation to declared areas 87
119 Municipal council as planning authority for its municipal
district 87
120 Municipal council as planning authority for area adjoining
municipal district 88
121 New sections 8C and 8D inserted 89
122 New section 9A inserted 90
123 Exemption from giving notice 91
124 New section 34A inserted 91
125 Approval of amendment by Minister 93
126 Parliament may revoke an amendment 93
127 Defects in procedure 94
128 Advisory committees 94
129 Appointment of panels 94
130 New section 158AA inserted 95
131 Exemption from paying GAIC for land dealings involving
public authorities and councils 96
132 Repeal of this Part 96
Part 8--Amendment of Major Transport Projects Facilitation
Act 2009 97
133 Definitions 97
134 New section 4A inserted 99
135 Designation of project contractor 99
136 Designation of project area 100
137 Variations to project area 100
138 Consolidated plans for project area 101
139 Division 1 of Part 5 repealed 101
140 A project authority's functions 101
141 Section 102 substituted 101
142 Delegation--when the Secretary is the project authority 104
143 New Division 1AA inserted in Part 6 105
144 Powers of acquisition 108
145 Application of Land Acquisition and Compensation Act 1986 108
146 New section 113A inserted 108
147 Section 114 substituted 109
148 Certain acquired land taken to be reserved 109
149 Acquisition of easement--easement in gross 110
150 Section 117 substituted 110
151 Modification of Land Acquisition and Compensation Act
1986--general 111
152 Sections 119, 120 and 121 repealed 111
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153 Planning compensation 112
154 Modification of Land Acquisition and Compensation Act
1986--regulations 112
155 Transfer of building or structure as compensation 112
156 Compulsory acquisition of native title rights and interests 112
157 Power of project authority to purchase land 113
158 Amendment of heading to Subdivision 1 of Division 4 of
Part 6 113
159 Surrender or divesting of land of public authorities and
Councils 113
160 Surrender of interests in unreserved Crown land 114
161 Effect of surrender or divesting 115
162 New section 136A inserted 116
163 Temporary reservation may be amended or revoked 118
164 Section 137A repealed 118
165 Surrender of land by project authority 118
166 Revocation of reservations--entire reservation 119
167 Revocation of reservations--part of reservation 119
168 Effect of revocation of reservations 119
169 Temporary reservation may be amended or revoked 120
170 New heading to Subdivision 2A of Division 4 of Part 6 120
171 Other Crown land to be designated for approved project 121
172 New section 142B inserted 122
173 Orders may continue or declare roads 123
174 Compensation--surrender, divesting or revocation of
reservation 123
175 Compensation for Councils in certain circumstances 124
176 Effect of reservation of a stratum of Crown land 124
177 Power to enter into possession 124
178 Project authority must try to obtain agreement 124
179 Early entry of place of residence or business 124
180 New section 155A inserted 124
181 Recovery of rent 125
182 Section 160 substituted 125
183 Section 161 repealed 125
184 Amendment of heading to Division 6 of Part 6 125
185 New section 161A inserted 125
186 Section 162 substituted and new sections 162A and 162B
inserted 126
187 Sections 163 and 164 substituted 131
188 New section 165A inserted 133
189 Heading to Subdivision 1 of Division 7 of Part 6 amended 133
190 New sections 165B to 165N inserted 133
191 New Subdivision 1A heading inserted in Division 7 of Part 6 149
192 Sections 167 and 168 substituted 149
193 Project authority liable to pay compensation 153
194 Section 170 repealed 154
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195 New Subdivision 1B heading inserted in Division 7 of Part 6 154
196 Section 171A substituted 154
197 Application of Subdivision 2 of Division 7 of Part 6 155
198 Application of Subdivision 3 of Division 7 of Part 6 155
199 Surplus land 156
200 Section 181 substituted 156
201 Removal of reservation of Crown land before estates or
interests granted under section 181 157
202 Section 183 substituted 157
203 Section 186 substituted and new sections 186A to 186E
inserted 160
204 Project authority to advise coordinating road authority before
exercising power 168
205 Sections 188 and 189 substituted 168
206 Section 190 repealed--temporary closure of roads to traffic 171
207 Compensation for denial of access following discontinuation
or realignment of road 171
208 New section 191A inserted 172
209 Compensation for affected utilities 173
210 New Subdivision 3 of Division 8 of Part 6 inserted 174
211 New section 207A inserted 179
212 Taxes and duties 180
213 Limitation on powers of Councils to make local laws 180
214 Approval of Councils not required 181
215 New section 264 inserted 181
216 New Part 12 inserted 184
217 Consequential amendments--changes relating to giving notice
and notifying persons 189
218 Repeal of this Part 191
Part 9--Amendment of other Acts 192
219 Amendment of other Acts 192
220 Repeal of this Part and Schedule 1 192
Schedule 1--Amendment of other Acts 193
═════════════
Endnotes 204
1 General information 204
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Suburban Rail Loop Act 2021
No. of 2021
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to establish the Suburban Rail Loop
Authority; and
(b) to confer on the Authority appropriate
functions and powers--
(i) for the Authority to plan and deliver the
Suburban Rail Loop and development
associated with the Suburban Rail
Loop; and
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Part 1--Preliminary
(ii) to enable the Authority to operate, or
manage the operation of, the Suburban
Rail Loop or to manage development
associated with the Suburban Rail
Loop.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 September 2022, it comes into
operation on that day.
3 Definitions
In this Act--
authorised person means a person authorised
under section 57;
Authority means the Suburban Rail Loop
Authority established by section 8;
board means the board of directors of the
Authority appointed under section 19;
building includes--
(a) a structure; and
(b) a temporary building; and
(c) a temporary structure; and
(d) any part of a building or structure; and
(e) a fence; and
(f) a wall; and
(g) an out-building; and
(h) a service installation; and
(i) other appurtenances of a building;
chairperson means the chairperson appointed
under section 21;
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Part 1--Preliminary
chief executive officer means the chief executive
officer of the Authority appointed under
section 34;
Council has the same meaning as in section 3(1)
of the Local Government Act 2020;
Crown land means land which is or is taken to be
unalienated land of the Crown and
includes--
(a) land of the Crown reserved
permanently or temporarily by or under
an Act; and
Example
The Crown Land (Reserves) Act 1978.
(b) land of the Crown occupied by a person
under a lease or license or other right;
and
(c) a stratum of land that is Crown land;
Department means Department of Transport;
Department Head has the same meaning as in
section 4(1) of the Public Administration
Act 2004;
deputy chairperson means the deputy chairperson
appoint under section 21;
development includes--
(a) the construction, extension, demolition,
removal or excavation of non-transport
infrastructure or transport
infrastructure; and
(b) the decoration, construction or
alteration of the inside or outside of,
or the alteration of, non-transport
infrastructure or transport
infrastructure; and
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Part 1--Preliminary
(c) tunnelling in or under land; and
(d) the subdivision or consolidation of
land, including airspace or a building;
and
(e) the erection or removal of, or
interference with, non-transport
infrastructure or transport
infrastructure; and
(f) any change to the natural or existing
condition or topography of land; and
(g) the removal, destruction or lopping of
trees and the removal of vegetation or
topsoil; and
(h) land reclamation and land
decontamination; and
(i) the construction, installation or
provision or operation of facilities or
services; and
(j) the placing or relocating of a building,
non-transport infrastructure or transport
infrastructure on, in, under or over land;
and
(k) the construction or putting up for
display of signs or hoardings; and
(l) works within the meaning of the Road
Management Act 2004; and
(m) the relocation, deepening, widening or
otherwise altering of a waterway; and
(n) a form of development prescribed for
the purposes of this paragraph;
film friendly principles has the same meaning as
in section 3 of the Filming Approval
Act 2014;
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film permit has the same meaning as in section 3
of the Filming Approval Act 2014;
General Fund--see section 46;
liabilities means all liabilities, duties and
obligations, whether actual, contingent or
prospective;
member of staff, of the Authority, means any
person who is employed or engaged by the
Authority under section 36;
non-transport infrastructure means infrastructure
that is not transport infrastructure and
includes--
(a) a facility, building, fixture, fitting or
permanent structure; and
(b) art works; and
(c) civic and open space infrastructure
including parks and public spaces; and
(d) telecommunication networks and
services related to infrastructure; and
(e) utility infrastructure; and
(f) infrastructure that is prescribed for the
purposes of this paragraph; and
(g) infrastructure ancillary to, related
to or required in connection with
infrastructure set out in paragraphs (a)
to (f);
passenger services has the same meaning as in
section 3 of the Transport Integration
Act 2010;
project area--see section 73(1)(b);
project completion declaration means a
declaration made under section 80;
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Part 1--Preliminary
Project Fund--see section 47;
property means any legal or equitable estate or
interest (whether present or future and
whether vested or contingent) in real or
personal property of any description;
public authority means--
(a) a person or body (including a trust)
established under an Act for a public
purpose; or
(b) a Council; or
(c) a public entity;
public entity has the same meaning as in
section 4(1) of the Public Administration
Act 2004;
public land means any of the following
(including the airspace)--
(a) Crown land;
(b) land owned or vested in a public
authority;
(c) land held on trust for public or
municipal purposes by trustees
appointed under an Act;
public service body has the same meaning as in
section 4(1) of the Public Administration
Act 2004;
rail infrastructure has the same meaning as in
section 4(1) of the Rail Safety National Law
(Victoria);
rights means all rights, powers, privileges and
immunities, whether actual, contingent or
prospective;
road has the same meaning as in section 3(1) of
the Road Management Act 2004;
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Part 1--Preliminary
road authority has the same meaning as in
section 3(1) of the Road Management
Act 2004;
road infrastructure has the same meaning as in
section 3(1) of the Road Management
Act 2004;
rolling stock has the same meaning as in
section 4(1) of the Rail Safety National Law
(Victoria);
Secretary means Secretary to the Department;
subsidiary has the same meaning as in section 9 of
the Corporations Act;
Suburban Rail Loop planning area declaration
means a declaration made under section 65;
Suburban Rail Loop program means--
(a) the program for--
(i) the planning, delivery,
maintenance, operation and
management of non-transport
infrastructure and transport
infrastructure including a new
orbital rail line from Cheltenham
to Werribee through Melbourne's
suburbs; and
(ii) the planning, delivery and
management of precinct
development and associated
developments connected by,
related to, adjacent to, in
proximity to or otherwise
associated with transport
infrastructure including the new
orbital rail line referred to in
subparagraph (i); and
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Part 1--Preliminary
(b) land use planning, or the activation of
precincts through non-infrastructure
initiatives, in areas connected, related,
adjacent, or in proximity to the new
orbital rail line referred to in paragraph
(a)(i) and in respect of which the
Authority undertakes planning and
development of land to which a
Suburban Rail Loop planning area
declaration applies; and
(c) funding, financing, planning and
consultation activities and transactions
including asset disposal in connection
with the matters set out in paragraphs
(a) and (b);
Suburban Rail Loop program objectives means
the objectives set out in section 5;
Suburban Rail Loop project means a
development or proposed development
declared to be a Suburban Rail Loop project
under a Suburban Rail Loop project
declaration;
Suburban Rail Loop project declaration means a
declaration under section 72;
temporary structure includes--
(a) a booth, tent, marquee, or other
temporary enclosure, whether or not a
part of the booth, tent, marquee or
enclosure is permanent; and
(b) a seating structure whether enclosed or
not, including a mobile seating
structure;
transport assets includes the land, tracks,
crossings, signals, buildings and structures
including bridges, overhead wiring, power
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Part 1--Preliminary
substations, communications networks, base
stations, depots and associated buildings;
transport infrastructure means any of the
following--
(a) road infrastructure;
(b) rail infrastructure;
(c) infrastructure that is ancillary to, related
to or in connection with the movement
of persons or goods;
(d) infrastructure that is ancillary to, related
to or in connection with road
infrastructure, including--
(i) a bridge; and
(ii) an underpass; and
(iii) a tunnel; and
(iv) a culvert; and
(v) a level crossing; and
(vi) a footpath; and
(vii) a bicycle path;
(e) an airport;
(f) a facility at which--
(i) goods can be loaded or unloaded
from rolling stock; and
(ii) goods can be loaded or unloaded
from heavy vehicles; and
(iii) goods referred to in subparagraphs
(i) and (ii) can be temporarily
stored;
(g) infrastructure related to public transport
including car parks;
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Part 1--Preliminary
(h) infrastructure that is prescribed for the
purposes of this paragraph;
(i) infrastructure ancillary to, related
to or required in connection with
infrastructure set out in paragraphs (a)
to (h);
transport system has the same meaning as in
section 3 of the Transport Integration
Act 2010;
utility has the same meaning as in section 3 of the
Major Transport Projects Facilitation
Act 2009;
utility infrastructure has the same meaning as in
section 3 of the Major Transport Projects
Facilitation Act 2009;
vehicle has the same meaning as in section 3(1) of
the Road Safety Act 1986.
4 Filming Approval Act 2014
This Act is filming approval legislation within the
meaning of the Filming Approval Act 2014.
5 Suburban Rail Loop program objectives
The objectives of the Suburban Rail Loop
program are--
(a) to undertake development consistently
with--
(i) the vision statement set out in
Division 1 of Part 2 of the Transport
Integration Act 2010 and the transport
system objectives set out in Division 2
of Part 2 of that Act; and
(ii) the planning objectives set out in
section 4(1) of the Planning and
Environment Act 1987; and
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Part 1--Preliminary
(b) to integrate a new orbital rail line with
existing and planned public transport and
road networks in the State; and
(c) to facilitate sustainable population growth,
urban renewal and improved liveability; and
(d) to encourage land development and the
facilitation of timely and coordinated
delivery of non-transport infrastructure,
transport infrastructure, services and
residential and commercial development;
and
(e) to improve connectivity throughout
Melbourne by enhancing orbital public
transport movements in relation to the new
orbital rail loop; and
(f) to increase productivity by facilitating
greater employment, activity and investment
throughout Victoria; and
(g) to enhance regional Victorians' access to
Melbourne suburban health, education and
employment centres by connecting regional
rail lines to the new orbital rail loop at major
interchange stations; and
(h) to enhance opportunities for the Victorian
community, Victorian businesses and the
State to capture value created by the
development of precincts, non-transport
infrastructure, transport infrastructure and
other investments in relation to the new
orbital rail loop.
6 Act binds the Crown
This Act binds the Crown in right of Victoria and,
to the extent that the legislative power of the
Parliament permits, the Crown in all its other
capacities.
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Part 1--Preliminary
7 Extraterritorial operation
This Act applies within and outside Victoria to the
full extent of the extraterritorial legislative power
of the Parliament.
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No. of 2021
Part 2--Suburban Rail Loop Authority
Part 2--Suburban Rail Loop Authority
Division 1--Establishment
8 Establishment
(1) The Suburban Rail Loop Authority is established.
(2) The Suburban Rail Loop Authority--
(a) is a body corporate with perpetual
succession; and
(b) has an official seal; and
(c) may sue and be sued; and
(d) may acquire, hold and dispose of property;
and
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
9 Official seal
(1) The official seal of the Authority--
(a) must be kept in custody as directed by the
Authority; and
(b) must not be used except as authorised by the
board.
(2) All courts must take judicial notice of the seal of
the Authority affixed to a document and, until the
contrary is proved, must presume that it was duly
affixed.
10 Object of Authority
The object of the Authority is to undertake the
Suburban Rail Loop program and Suburban Rail
Loop projects in accordance with the Suburban
Rail Loop program objectives.
11 Authority represents the Crown
The Authority represents the Crown.
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No. of 2021
Part 2--Suburban Rail Loop Authority
Division 2--Functions and powers
12 Functions of Authority
(1) The Authority has the functions, powers and
duties conferred on it by or under this Act or any
other Act.
(2) Without limiting subsection (1), the Authority has
the following functions--
(a) to plan, procure and manage any
development, non-transport infrastructure,
transport infrastructure or services for the
Suburban Rail Loop program;
(b) to enter into, negotiate and administer
partnerships, arrangements or agreements in
relation to--
(i) the Suburban Rail Loop program and
Suburban Rail Loop projects; and
(ii) the provision of passenger services; and
(iii) the operation and maintenance of
rolling stock, transport assets and
transport systems;
(c) to receive and evaluate submissions from
any person or body with an interest in the
Suburban Rail Loop program or Suburban
Rail Loop projects;
(d) to coordinate with other persons and bodies
involved in, or affected by, scoping and
development of the Suburban Rail Loop
program and Suburban Rail Loop projects;
(e) to provide the Minister and other persons
with advice, information and guidance
material in relation to--
(i) the Suburban Rail Loop program and
Suburban Rail Loop projects; and
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Part 2--Suburban Rail Loop Authority
(ii) planning the use, development and
protection of land required for the
purposes of the Suburban Rail Loop
program; and
(iii) the provision of passenger services; and
(iv) the operation and maintenance of
rolling stock, transport assets and
transport systems;
(f) to seek advice and information in relation
to--
(i) the Suburban Rail Loop program and
Suburban Rail Loop projects; and
(ii) the provision of passenger services; and
(iii) the operation and maintenance of
rolling stock, transport assets and
transport systems;
(g) at the request of the Minister, to advise the
Minister--
(i) in relation to the administration of this
Act; and
(ii) on planning the use, development and
protection of Suburban Rail Loop
projects and related non-transport
infrastructure and transport
infrastructure; and
(iii) on planning the use of rolling stock,
transport assets and transport systems;
(h) to procure any rolling stock, transport assets
and plan and procure transport systems;
(i) to operate and maintain, or permit and
manage access to, transport assets, transport
systems, non-transport infrastructure and
transport infrastructure built in relation to the
Suburban Rail Loop program;
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Part 2--Suburban Rail Loop Authority
(j) to determine and collect user charges, fees
and fares related to the Suburban Rail Loop
program, the provision of passenger services
or the use of non-transport infrastructure or
transport infrastructure built in relation to the
Suburban Rail Loop program;
(k) to collect and retain money received by or on
behalf of the Authority--
(i) related to the Suburban Rail Loop
program; or
(ii) for services provided by means of the
use of--
(A) non-transport infrastructure or
transport infrastructure built in
relation to the Suburban Rail Loop
program; or
(B) transport assets and transport
systems; or
(iii) for passenger services;
(l) to enter into financial accommodation or
other financial arrangements or transactions
in relation to the Suburban Rail Loop
program or Suburban Rail Loop projects;
(m) to grant concessions in relation to the
Suburban Rail Loop program or non-
transport infrastructure and transport
infrastructure built in relation to the
Suburban Rail Loop program;
(n) to act as a trustee or manager of a trust or
other investment interest in relation to the
Suburban Rail Loop program or non-
transport infrastructure and transport
infrastructure built in relation to the
Suburban Rail Loop program;
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Part 2--Suburban Rail Loop Authority
(o) to provide Councils and public sector bodies
(within the meaning of section 4(1) of the
Public Administration Act 2004) with
advice and assistance in relation to planning
the use, development and protection of land
to which a Suburban Rail Loop planning area
declaration applies;
(p) to undertake planning of integrated land use,
non-transport infrastructure and transport
infrastructure in relation to land to which a
Suburban Rail Loop planning area
declaration applies;
(q) to coordinate State Government action in
relation to planning the use, development
and protection of land to which a Suburban
Rail Loop planning area declaration applies;
(r) to undertake strategic planning for the
development of the Suburban Rail Loop
program;
(s) any other functions conferred on it under the
Planning and Environment Act 1987 or
any other enactment.
13 General powers of Authority
(1) The Authority has power to do all things that are
necessary or convenient to be done for or in
connection with, or incidental to, the achievement
of its object, the Suburban Rail Loop program
objectives and the performance of its objectives,
functions and duties under this or any other Act.
(2) Without limiting subsection (1), the Authority
may do any one or more of the following--
(a) form or participate in the formation of a
corporation, trust, joint venture, partnership
or other body;
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Note
Section 84(1) of the Public Administration Act 2004
requires a public entity to notify the Treasurer of the
intention to form, or participate in the formation of, a
body corporate.
(b) acquire, purchase, dispose of, hold or deal in
assets, businesses or other property, or rights
and liabilities or contractual interests and
subscribe for shares in, or debentures, units
or other securities of, a corporation or trust;
(c) lease, licence, sell, mortgage, use as security
or otherwise encumber or dispose of any
property acquired or owned by it;
(d) enter into agreements, arrangements, leases
or licences and do all things necessary or
convenient to be done to give effect to the
agreements, arrangements, leases or licenses;
(e) acquire, own, build, maintain, operate,
manage or dispose of non-transport
infrastructure or transport infrastructure;
(f) enter into an agreement or arrangement
relating to the allocation of revenue received
by the Authority or its subsidiaries;
(g) act as an agent for another person or body;
(h) engage consultants, contractors or agents;
(i) give indemnities, guarantees and releases,
and grant or take security and anything else
of a similar nature;
(j) acquire, hold, accept as a security, or
otherwise deal with, any intellectual property
right, plant breeder's right, circuit layout
right, trade secret, or right arising from
confidential information;
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(k) enter into agreements or arrangements for
the commercial exploitation within or
outside Victoria of intellectual property
rights and ancillary services on any terms or
conditions as to royalties or lump sum
payments;
(l) assign, grant, lease, licence, sell, mortgage,
use as a security, or otherwise encumber or
dispose of, any intellectual property right;
(m) seek any remedy in relation to, or do
anything necessary to enforce, protect,
maintain, register or exploit, any intellectual
property right;
(n) seek any remedy in relation to, or do
anything necessary to enforce, protect,
maintain or exploit, any Crown copyright;
(o) act as a trustee or manager of a trust or other
investment interest for another person or
body;
(p) accept appointment as the committee of
management of Crown land in relation to the
Suburban Rail Loop program or Suburban
Rail Loop projects;
(q) use public land for Suburban Rail Loop
projects or achievement of the Suburban Rail
Loop program objectives.
14 Ministerial approval required for certain activities
Despite anything to the contrary in this Division,
the Authority must obtain the written approval of
the Minister before doing all or any of the
following--
(a) subscribing for, or otherwise acquiring, or
holding or disposing of shares in, or
debentures, units or other securities of, a
corporation or trust;
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(b) becoming a member of a company limited by
guarantee;
(c) acquiring and holding or disposing of an
interest in a partnership or other body.
15 Ministerial approval required for certain
transactions
Despite anything to the contrary in this Division,
the Authority must obtain the written approval of
the Treasurer and the Minister before undertaking
a function or exercising a power in relation to a
transaction that is prescribed.
16 Land and other property transfers
For the purposes of performing its functions, the
Authority may--
(a) dispose of land, an interest in land, or any
property to a subsidiary of the Authority, the
State or a public authority for nominal
consideration; or
(b) accept the transfer of land, an interest in
land, or any property from a subsidiary of the
Authority, the State or a public authority for
nominal consideration.
17 Ministerial directions
(1) The Authority is subject to the general direction
and control of the Minister.
(2) The Authority is subject to any specific direction
given to it by the Minister.
(3) The Authority is subject to any specific direction
given to it by the Minister or the Treasurer--
(a) to establish a Project Fund in relation to a
Suburban Rail Loop project; or
(b) in relation to a payment into or out of a
Project Fund under section 47.
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(4) The Authority is subject to any specific direction
in relation to financial or reporting matters given
to it by the Treasurer.
(5) The Authority must publish a specific direction--
(a) in the Government Gazette; and
(b) on its Internet site.
(6) The chief executive officer may cause to be
published a consolidated version of a direction
which includes any amendments to the direction
if--
(a) the Authority determines that the direction
must be published; or
(b) the terms of the direction require its
publication--
(i) in the Government Gazette; and
(ii) on the Internet site of the Authority.
(7) The Authority must include any direction under
subsection (2), (3) or (4) (including any amended
direction) in its report of operations.
(8) To the extent that a direction referred to in
subsection (4) is inconsistent with a direction
referred to in subsection (2), the direction referred
to in subsection (4) prevails to the extent of the
inconsistency.
(9) If the Authority considers that a direction referred
to in subsection (2) is inconsistent with a direction
referred to in subsection (4), the Authority must
notify the Minister and the Treasurer of the
inconsistency and the extent of the inconsistency.
(10) An agreement or arrangement entered into under
this Act in contravention of subsection (2), (3) or
(4) is not void only because of that contravention.
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18 Power to give direction to act in commercial manner
The Minister, with the approval of the Treasurer,
may direct the Authority to act in a commercial
manner when performing a specified function or
power.
Division 3--Board of the Authority
19 Board of Directors
(1) The Authority must have a board of directors.
(2) The board must consist of no fewer than 3, and no
more than 9, directors appointed in accordance
with this Division.
(3) The board--
(a) is responsible for the management and
affairs of the Authority; and
(b) may exercise the powers of the Authority.
20 Constitution of board
The board consists of--
(a) a chairperson; and
(b) a deputy chairperson; and
(c) subject to section 19(2), any other director
appointed in accordance with this Division.
21 Appointment of directors
(1) The chairperson, deputy chairperson and any other
director of the Authority must be appointed by the
Governor in Council on the recommendation of
the Minister.
(2) A director is appointed for a term not exceeding
4 years specified in the instrument of
appointment.
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(3) A director is appointed on the terms and
conditions that are specified in the instrument of
appointment.
(4) A director is eligible to be reappointed.
(5) A director must not serve for more than 8 years
without the approval of the Premier.
(6) In the case of an acting director who is appointed
as a director, the maximum period of appointment
under subsection (5) is to be determined by taking
into account any period that the person was
appointed as acting director within the 24-month
period immediately before that person was
appointed director.
(7) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a director of the
Authority in respect of the office of director.
22 Eligibility criteria for appointment of directors
When recommending persons to be directors of
the Authority, the Minister must ensure as far as is
practicable that collectively the directors have
skills, experience or knowledge relating to the
following--
(a) community engagement;
(b) corporate governance (including audit and
risk);
(c) delivery, operation and maintenance of
works, transport infrastructure and services;
(d) economics and financial management;
(e) funding and financing non-transport
infrastructure and transport infrastructure;
(f) law, particularly commercial, planning,
property and development law;
(g) property and land development;
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(h) public administration;
(i) public policy;
(j) urban planning, redevelopment and housing
economics (including strategic and statutory
planning).
23 Acting appointments
(1) The deputy chairperson of the board must act as
chairperson--
(a) if the office of chairperson is vacant; or
(b) during any period when the chairperson is
absent; or
(c) if the chairperson is, for any other reason,
unable to attend meetings of the board of
directors or otherwise unable to perform the
duties of the office.
(2) While the deputy chairperson is acting as
chairperson, the deputy chairperson--
(a) has and may exercise all of the powers of the
chairperson; and
(b) must perform all of the functions and duties
of the chairperson; and
(c) is entitled to be paid the remuneration and
allowances which the chairperson would
have been entitled to.
(3) The Minister may appoint a director of the
Authority to act as deputy chairperson--
(a) during a vacancy in the office of deputy
chairperson; or
(b) during any period when the deputy
chairperson is absent; or
(c) during any period when the deputy
chairperson is acting as chairperson; or
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(d) if the deputy chairperson is, for any other
reason, unable to attend meetings of the
board or otherwise unable to perform the
duties of the office.
(4) While a director is acting as deputy chairperson,
the director--
(a) has and may exercise all the powers, and
must perform all the functions and duties, of
the deputy chairperson; and
(b) is entitled to be paid the remuneration and
allowances which the deputy chairperson
would have been entitled to.
(5) The Minister may appoint a person to act as a
director (other than the chairperson or deputy
chairperson) of the Authority--
(a) during a vacancy in the office of a director;
or
(b) during any period when a director is acting
as deputy chairperson or is unable, for any
other reason, to attend meetings of the board.
(6) While a person is acting as a director, the
person--
(a) has and may exercise all the powers, and
must perform all the functions and duties, of
a director; and
(b) is entitled to be paid the remuneration and
allowances which a director would have
been entitled to.
(7) An acting appointment under this section must not
be for a period longer than 12 months.
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24 Vacancies and removal from office
(1) The office of a director of the Authority becomes
vacant if the director--
(a) without the approval of the board, fails to
attend 3 consecutive meetings of the board;
or
(b) becomes a represented person within the
meaning of section 3(1) of the
Guardianship and Administration
Act 2019; or
(c) becomes insolvent under administration; or
(d) is found guilty in Victoria of an indictable
offence or elsewhere of an offence that, if
committed in Victoria, would be an
indictable offence.
(2) The Governor in Council, on the recommendation
of the Minister, may remove a director of the
Authority from office on any of the following
grounds--
(a) misconduct;
(b) neglect of duty;
(c) inability to perform the duties of the office;
(d) any other ground on which the Governor in
Council is satisfied that the director should
not hold office.
(3) The Minister must recommend that a director
of the Authority be removed from office if--
(a) the director is found guilty of an offence
(other than an indictable offence) relating to
the director's duties as a director; or
(b) the director fails to comply with section 30.
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25 Resignation
A director of the Authority may resign by notice
in writing delivered to the Minister.
26 Suspension
The Governor in Council, on the recommendation
of the Minister, may suspend a director from
office.
27 Proceedings of board
(1) Subject to subsection (2), meetings of the board
must be held at the times and places and
conducted in the form the board determines
appropriate.
(2) The chairperson of the Authority may at any time
convene a meeting but must do so when requested
by a director of the Authority.
(3) A majority of the directors for the time being of
the Authority constitute a quorum of the board.
(4) A question arising at a meeting of the board shall
be determined by a majority of votes of directors
of the Authority present and voting on that
question and, if voting is equal, the person
presiding has a casting, as well as a deliberative,
vote.
(5) The board must ensure that minutes are kept of
each meeting.
(6) Subject to this Act, the board may regulate its own
proceedings.
28 Participation in meetings by telephone etc.
(1) The board may permit its directors to participate
in a particular meeting, or all meetings by--
(a) telephone; or
(b) closed-circuit television; or
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(c) any other means of communication
determined by the board that does not require
the physical presence of each director in the
same place.
(2) A director who participates in a meeting under a
permission under subsection (1) is present at the
meeting.
29 Resolutions without meetings
(1) If--
(a) the Authority has taken reasonable steps to
give notice to each director setting out the
terms of a proposed resolution; and
(b) a majority of directors for the time being of
the board sign a document containing a
statement that they are in favour of the
resolution in the terms set out in the
document--
a resolution in those terms is taken to have been
passed at a meeting of the board held on the day
on which the document is signed or, if the
directors referred to in paragraph (b) do not sign it
on the same day, on the day on which the last of
those directors signs the document.
(2) For the purposes of subsection (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one
or more directors, are taken to constitute one
document.
(3) If a resolution is taken by this section to have been
passed at a meeting of the board, each director, as
soon as practicable, must be advised of the matter
and given a copy of the resolution.
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(4) The majority of directors referred to in subsection
(1)(b) must not include a director who, because of
section 30, is not entitled to vote on the resolution.
30 Disclosure of interests
(1) If--
(a) a director of the Authority has a direct or
indirect pecuniary interest in a matter being
considered, or about to be considered, by the
board; and
(b) the interest could conflict with the proper
performance of the director's duties in
relation to the consideration of the matter--
the director, as soon as practicable after the
relevant facts come to the director's knowledge,
must disclose the nature of the interest at a
meeting of the board.
(2) A disclosure under subsection (1) must be
recorded in the minutes of the meeting and, unless
the Minister or the board otherwise determines,
the director--
(a) must not be present during any deliberation
of the board in relation to the matter; and
(b) must not take part in any decision of the
board in relation to the matter.
(3) For the purpose of the making of a determination
by the board under subsection (2) in relation to a
director who has made a disclosure under
subsection (1), a director who has a direct or
indirect pecuniary interest in the matter to which
the disclosure relates--
(a) must not be present during any deliberation
of the board for the purpose of making the
determination; and
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(b) must not take part in the making by the board
of the determination.
(4) Subsections (1) and (2) do not apply in relation to
a matter relating to the supply of goods and
services to the director if the goods or services
are, or are to be, available to members of the
public on the same terms and conditions.
31 Authority must publish certain codes, policies,
procedures or processes
The Authority must publish on its Internet site
details of any code of conduct, policy, procedure
or process that it has put in place for the purposes
of section 81(1)(f) of the Public Administration
Act 2004.
Notes
1 Section 81 of the Public Administration Act 2004 requires
the board of a public entity to, among other things, ensure
that processes are in place to deal with conflicts of interest in
directors.
2 Section 30 sets out procedures in relation to the disclosure of
interests.
32 Authority not to make loans to directors
(1) The powers of the Authority do not include a
power, whether directly or indirectly--
(a) to make a loan to a director of the Authority,
a spouse of such a director, a person with
whom the director is in a registrable
domestic relationship (within the meaning of
section 5 of the Relationships Act 2008), or
a relative (as defined in the Corporations
Act) of such a director, spouse or person; or
(b) to give a guarantee or provide security in
connection with a loan made or to be made
by another person to a director, spouse,
person or relative referred to in
paragraph (a).
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(2) Nothing in subsection (1) prohibits the Authority
entering into an agreement or arrangement with a
person referred to in subsection (1) if similar
agreements or arrangements are entered into by
the Authority with members of the public on the
same terms and conditions.
33 Indemnity
The powers of the Authority do not include a
power to exempt, whether directly or indirectly, a
director from, or to indemnify (whether by paying
a premium in respect of a contract of insurance or
otherwise) a director against, any liability that by
law would otherwise attach to the director in
respect of a wilful breach of duty or breach of
trust of which the director may be guilty in
relation to the Authority.
Division 4--Staffing and delegation
34 Chief executive officer
(1) The board, with the approval of the Minister, may
appoint a person as chief executive officer of the
Authority.
(2) The chief executive officer may be--
(a) employed on a full-time or part-time basis;
and
(b) appointed for the period, not exceeding
5 years, specified in the instrument of
appointment.
(3) The chief executive officer holds office on such
terms and conditions as are determined by the
board with the approval of the Minister.
(4) The chief executive officer is responsible for the
management of the affairs of the Authority in
accordance with the general policies and strategic
direction determined by the board.
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(5) The chief executive officer is accountable to the
board.
(6) The chief executive officer must not be a director
of the board.
(7) The office of the chief executive officer becomes
vacant if the chief executive officer--
(a) becomes a represented person within the
meaning of section 3(1) of the
Guardianship and Administration
Act 2019; or
(b) becomes insolvent under administration; or
(c) is found guilty in Victoria of an indictable
offence or elsewhere of an offence that, if
committed in Victoria, would be an
indictable offence; or
(d) resigns by notice in writing delivered to the
chairperson of the board.
(8) The board, with the approval of the Minister, may
remove the chief executive officer from office.
(9) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to the chief executive
officer.
35 Acting chief executive officer
(1) If the chief executive officer is unable, whether
because of illness, suspension, absence or
otherwise, to perform the duties of chief executive
officer, the board may appoint another person to
act in the place of the chief executive officer
during the period of the inability.
(2) While a person is acting as chief executive officer,
the person--
(a) has and may exercise all the powers, and
must perform all the functions and duties, of
the chief executive officer; and
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(b) is to be paid any remuneration and travelling
or other allowances fixed by the board from
time to time having regard to the rate of
remuneration and allowances for the time
being payable to the chief executive officer.
(3) The board, by instrument, may delegate to the
chairperson of the board its power to appoint a
person to act in the place of the chief executive
officer under subsection (1).
36 Staff
(1) The Authority may--
(a) employ people; or
(b) without limiting section 13(2)(h), enter into
agreements or arrangements for the
Authority to make use of the services of
people--
on terms and conditions (including payment for
services) determined by the Authority.
(2) The Authority may, in accordance with those
terms and conditions, terminate any employment,
engagement, agreement or arrangement under
subsection (1).
(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a person employed or
engaged under subsection (1).
(4) Any employees that are necessary for the purposes
of this Act may be employed under Part 3 of the
Public Administration Act 2004.
37 Delegation by Authority
(1) The Authority, by instrument, may delegate to any
person any function, power or duty of the
Authority conferred or imposed by or under any
Act including, subject to this section, this power
of delegation.
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(2) Subsection (1) does not apply to the delegation of
any function or power conferred on the Authority,
or duty imposed on the Authority, as a planning
authority, responsible authority or referral
authority under the Planning and Environment
Act 1987 to any person who is not the chief
executive officer, chairperson, deputy chairperson,
director or member of staff of the Authority,
unless the person is a prescribed person.
(3) The following functions, powers and duties must
not be delegated under subsection (1) without the
approval of the Minister--
(a) any power of the Authority under the
Borrowing and Investment Powers
Act 1987 in relation to a financial
accommodation or financial transaction;
(b) any other prescribed function, power or duty.
(4) A delegate of a function, power or duty under
subsection (1) may, subject to any conditions to
which the delegation is subject, sub-delegate that
function, power or duty to any other person or
persons or body if the instrument of delegation
authorises its sub-delegation.
(5) Sections 42 and 42A of the Interpretation of
Legislation Act 1984 apply to a sub-delegation
authorised by this section in the same way as they
apply to a delegation.
Division 5--Corporate plan
38 Corporate plan
(1) The board must prepare a corporate plan for
each financial year commencing after the
commencement of this section.
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(2) The board must give a copy of the proposed plan
to the Minister and the Treasurer on or before
31 May in each year.
(3) The proposed plan must be in or to the effect of a
form approved by the Minister and the Treasurer
and must include--
(a) a statement of corporate intent in accordance
with section 42; and
(b) a business plan containing any information
that the Minister or the Treasurer requires;
and
(c) financial statements containing any
information that the Treasurer requires; and
(d) any prescribed information.
(4) The corporate plan, or any part of the plan, must
not be published or made available--
(a) except for the purposes of this Division; or
(b) without the prior approval of the Minister
and the Treasurer.
(5) At any particular time, the statement of corporate
intent, the business plan or the financial
statements for the Authority are the statements
and plan last completed, with any modifications or
deletions made in accordance with this Division.
39 Consultation regarding corporate plan
(1) The Minister and the Treasurer must give any
comments on the proposed corporate plan within
2 months after the proposed corporate plan is
given to the Minister and the Treasurer.
(2) The board must consider any comments on the
proposed corporate plan made by the Minister and
the Treasurer.
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(3) The board must--
(a) consult in good faith with the Minister and
the Treasurer following communication to it
of the comments; and
(b) make any changes to the plan as are agreed
between the Minister, the Treasurer and the
board; and
(c) deliver the completed plan to the Minister
and the Treasurer within 2 months after the
commencement of the financial year.
40 Modification of corporate plan
(1) The board may modify a corporate plan with the
agreement of the Minister and the Treasurer.
(2) If the board, by written notice to the Minister and
the Treasurer, proposes to modify a corporate
plan, the board, within 14 days, may make the
modification unless the Minister or the Treasurer,
by written notice to the board, directs the board
not to make it.
41 Directions in relation to corporate plan
(1) The Treasurer, after consultation with the
Minister, by written notice to the board, may
direct the board to--
(a) include in a corporate plan (or any statement
or plan contained in that plan) any specified
matters; or
(b) omit from a corporate plan (or any statement
or plan contained in that plan) any specified
matters unless required to be published by or
under any Act.
(2) Before giving a direction under this section, the
Treasurer must consult with the board as to the
matters to be referred to in the notice.
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(3) The board must comply with a direction under this
section.
42 Statement of corporate intent--contents
Each statement of corporate intent must specify
for the Authority and its subsidiaries (if any), in
respect of the financial year to which it relates and
each of the 4 following financial years, the
following information--
(a) the business objectives of the Authority and
of its subsidiaries;
(b) the main undertakings of the Authority and
of its subsidiaries;
(c) the nature and scope of the activities to be
undertaken by the Authority and its
subsidiaries;
(d) the accounting policies to be applied in the
fund or accounts of the Authority and its
subsidiaries;
(e) the performance targets and other measures
by which the performance of the Authority
and of its subsidiaries (if any) may be judged
in relation to their stated business objectives;
(f) the kind of information to be provided to the
Minister and the Treasurer by the Authority
during the course of those financial years;
(g) such other matters as may be agreed on in
writing by the Minister, the Treasurer and
the board;
(h) any prescribed matter.
43 Corporate plan to be followed
The Authority must act only in accordance with
its corporate plan, as existing from time to time,
unless it has first obtained the written approval of
the Minister and the Treasurer to do otherwise.
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44 Board to give notice of significant events
(1) The board must notify the Minister if the board
forms the opinion that any of the following have
arisen--
(a) any matter that may prevent, or significantly
affect, achievement of the business
objectives of the Authority and its
subsidiaries (if any) under the corporate
plan;
(b) any matter that may prevent, or significantly
affect achievement of the targets under the
plan;
(c) any prescribed matter.
(2) The board must notify the Minister of the reasons
for its opinion.
45 Nothing void merely because of non-compliance
Nothing done by the Authority is void or
unenforceable merely because the Authority has
failed to comply with this Division.
Division 6--Financial provisions
46 General Fund
(1) The Authority must establish and keep a fund
called the General Fund.
(2) There must be paid into the General Fund--
(a) all money received by the Authority, or on
its behalf, in respect of, or in connection
with, the carrying out of its functions or
powers under this Act or any other Act; and
(b) all income from the investment of money in
the General Fund and the proceeds of sale of
any investment; and
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(c) any money directed or approved by the
Minister or Treasurer to be paid into the
General Fund.
(3) The Authority may pay money out of the General
Fund--
(a) to pay any amounts payable by the Authority
in relation to its functions or powers under
this Act or any other Act, except any money
to be paid out of a Project Fund in relation to
a Suburban Rail Loop project; and
(b) to pay any costs and expenses incurred by
the Authority in relation to its functions or
powers under this Act or any other Act,
except any costs and expenses to be paid out
of a Project Fund in relation to a Suburban
Rail Loop project; and
(c) to repay any amount borrowed by the
Authority under this Act for any purpose
(other than a Suburban Rail Loop project) or
pay any other liability of the Authority
together with any charges or interest on that
amount or liability; and
(d) to pay any amount directed by the Treasurer
to be paid under section 50; and
(e) for any other purpose authorised under this
Act or any other Act.
47 Project Funds
(1) The Authority may establish and keep one or
more Project Funds for the purposes of, or one or
more, or parts of one or more, Suburban Rail
Loop projects.
(2) There must be paid into a Project Fund--
(a) all money received by the Authority, or on
its behalf, in respect of, or in connection
with, the carrying out of its functions,
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powers or duties under this Act or any other
Act relating to a Suburban Rail Loop project;
and
(b) all income from the investment of money in
a Project Fund and the proceeds of sale of
any investment; and
(c) any money directed or approved by the
Minister or Treasurer to be paid into a
Project Fund; and
(d) all other money that the Authority receives
for payment, or is permitted to be paid, into a
Project Fund.
(3) The Authority may pay money out of a Project
Fund--
(a) to pay any amounts payable by the Authority
in respect of its functions, powers or duties
under this Act or any other Act relating to a
Suburban Rail Loop project; and
(b) to pay any costs and expenses incurred by
the Authority in relation to its functions,
powers or duties under this Act or any other
Act relating to a Suburban Rail Loop project;
and
(c) to repay any amount borrowed by the
Authority under this Act for any purpose
relating to a Suburban Rail Loop project
together with any charges or interest on that
amount; and
(d) to pay any amount directed by the Treasurer
under section 50; and
(e) to pay any amount directed or approved by
the Minister or the Treasurer to be paid into
another Project Fund; and
(f) for any other purpose authorised under this
Act or any other Act.
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48 Borrowing and investment by Authority
The Authority has the powers conferred on it
under the Borrowing and Investment Powers
Act 1987.
49 Capital
(1) The capital of the Authority is equal to the sum
of--
(a) the assets and liabilities of the Authority; and
(b) any part of the Authority's liabilities that is
converted into capital at the direction of the
Treasurer; and
(c) any amounts paid to the Authority out of
money appropriated by the Parliament for
the purpose of providing capital; and
(d) any part of the Authority's reserves that is
converted into capital at the direction of the
Treasurer after consultation with the board--
less any amount of capital repaid under
subsection (2).
(2) The capital of the Authority is repayable to the
State at the times, and in the amounts, as the
Treasurer, after consultation with the Minister and
the board, directs in writing.
(3) In giving a direction under subsection (2), the
Treasurer is to have regard to any advice that the
board has given to the Treasurer in relation to the
Authority's affairs.
50 Dividends
The Authority must pay to the State the amounts,
at the times and in the manner, as are directed in
writing by the Treasurer after consultation with
the board and the Minister.
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51 Exceptions from State Owned Enterprises Act 1992
(1) Division 1 of Part 2 of the State Owned
Enterprises Act 1992 does not apply to the
Authority or a subsidiary of the Authority.
(2) Despite anything to the contrary in section 88 of
the State Owned Enterprises Act 1992, a
direction by the Treasurer to the Authority under
that section to enter the NTER does not apply to--
(a) a Suburban Rail Loop project; or
(b) an activity relating to a Suburban Rail Loop
project that has been determined for the
purposes of this subsection under
subsection (3).
(3) The Minister, with the approval of the Treasurer,
may determine an activity relating to a Suburban
Rail Loop project for the purposes of
subsection (2).
(4) On determining an activity under subsection (3),
the Minister must give written notice of the
determination to the Authority.
(5) Section 88B of the State Owned Enterprises
Act 1992 does not apply to land within a project
area of a Suburban Rail Loop project.
(6) This section has effect despite anything to the
contrary in section 5 of the State Owned
Enterprises Act 1992.
(7) In this section--
NTER has the same meaning as in section 88 of
the State Owned Enterprises Act 1992.
52 Exemption from duties, rates, taxes, levies or
charges
(1) Despite anything to the contrary in any Act
(other than the Charter of Human Rights and
Responsibilities Act 2006) or law, the Treasurer,
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on the Minister's recommendation, may by
instrument totally or partially exempt any
agreement, property, land, arrangement,
development or matter, from any duty, rate, tax,
levy or charge levied under this or any other Act,
in relation to--
(a) the whole or a specified part of the project
area of a Suburban Rail Loop project; or
(b) the Suburban Rail Loop program or a
Suburban Rail Loop project.
(2) An exemption must state the time for which it
operates and may be subject to any conditions
specified in the instrument of exemption.
(3) The Minister must cause notice of an exemption
to be published in the Government Gazette.
Note
Section 256 of the Major Transport Projects Facilitation
Act 2009 provides for certain tax and duty exemptions for the
purpose of an approved project within the meaning of that Act.
Division 7--Special land acquisition and
development powers
53 Compulsory acquisition of land
(1) Subject to the approval of the Minister, the
Authority may, on behalf of the Crown,
compulsorily acquire any land which is or may
be required by the Authority for or in connection
with the Suburban Rail Loop program.
(2) Subject to subsection (3), the Land Acquisition
and Compensation Act 1986 applies to this Act
and for that purpose--
(a) the Suburban Rail Loop Act 2021 is the
special Act; and
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(b) the Authority is the Authority under the
Land Acquisition and Compensation
Act 1986.
(3) Section 109(2) of the Land Acquisition and
Compensation Act 1986 does not apply to land
acquired under subsection (1).
54 Cultural and Recreational Lands Act 1963
Section 3 of the Cultural and Recreational
Lands Act 1963 does not apply to the compulsory
acquisition of land under section 53.
55 Authority may enter into certain agreements for
land within or anticipated to be within a project
area
(1) Without limiting Division 2, the Authority alone
or jointly with any other person may enter into an
agreement with another person concerning the use
or development of any land--
(a) within a project area; or
(b) that is anticipated to be within a project area.
(2) Division 2 of Part 9 of the Planning and
Environment Act 1987 applies to an agreement
under subsection (1) as if--
(a) that agreement were an agreement under that
Division; and
(b) that Division referred to the Authority
instead of the responsible authority for the
planning scheme; and
(c) section 174(2)(c) were omitted.
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Division 8--Special project development related
functions and powers
56 Power to enter land by persons authorised by
Authority
(1) An authorised person may enter land for the
purpose of--
(a) doing all things necessary and convenient to
carry out surveys or investigations for the
purposes of, or connected to, the Suburban
Rail Loop program or a Suburban Rail Loop
project or preparatory to the declaration of a
Suburban Rail Loop project; or
(b) doing, on the Authority's behalf, anything the
Authority is authorised to do on that land in
carrying out its functions or powers.
(2) Without limiting subsection (1)(a), an authorised
person may do any of the following on the land--
(a) undertake geotechnical and site survey work;
(b) undertake archaeological and cultural
heritage investigations;
(c) undertake ecological surveys;
(d) undertake flora and fauna surveys and take
samples of plants;
(e) undertake utilities surveys;
(f) undertake contamination investigations;
(g) determine site conditions (including
undertaking noise monitoring and
preparing condition reports);
(h) dig or bore into the land and take samples
of soil, rock, ground water or minerals.
(3) The Authority must give to the occupier of the
land, and if the occupier is not the owner, the
owner of the land--
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(a) written notice of intention to enter the land;
and
(b) a statement of the principal rights and
obligations of the occupier or owner (as the
case may be) under this Act--
at least 7 days before the land is entered under
subsection (1).
(4) An authorised person may enter land under this
section earlier than the expiration of 7 days if the
occupier consents to the entry.
(5) The Authority need not give notice in writing
under this section in an emergency.
(6) An authorised person must not under this section
enter land used primarily for residential purposes
except between 7.30 a.m. and 6.00 p.m. unless the
occupier consents to the entry.
(7) In exercising a power under subsection (1) or (2),
an authorised person must--
(a) identify themselves by producing the identity
card issued to that person under section 57;
and
(b) cause as little harm and inconvenience as
possible; and
(c) not stay on the land for any longer than it is
reasonably necessary; and
(d) remove from the land anything brought on to
the land by the authorised person in the
exercise of the power, other than anything
that the owner or occupier of the land agrees
may be left there; and
(e) leave the land as nearly as possible in the
condition in which the authorised person
found it; and
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(f) co-operate as much as possible with the
owner and any occupier of the land.
(8) An authorised person may be accompanied by any
assistants, vehicles, machinery or equipment for a
purpose referred to in subsection (1) or (2).
(9) The Authority is liable to pay compensation
(other than rent) to any person with an interest
in the land entered under this section if, as a
consequence of the entry, the person with an
interest in the land--
(a) has sustained pecuniary loss; or
(b) has incurred any expense--
as a direct, natural and reasonable consequence of
the entry.
(10) Compensation under subsection (9) must be
claimed and dealt with in accordance with the
Land Acquisition and Compensation Act 1986,
as if it were a claim under section 47(1) of that
Act.
57 Authorised persons for the purposes of section 56
(1) The Authority, by instrument, may authorise a
person to enter land for the purposes of section 56.
(2) The Authority must issue an identity card to each
person authorised under this section.
(3) An identity card must contain a photograph of the
person to whom it is issued.
58 Utility interface powers in relation to Suburban Rail
Loop program
(1) For the purposes of undertaking the Suburban
Rail Loop program, the Authority has the
functions and powers of a project authority
under Divisions 1 and 2 of Part 7 of the Major
Transport Projects Facilitation Act 2009.
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(2) For the purposes of subsection (1)--
(a) a reference to a project authority is to be read
a reference to the Authority; and
(b) a reference to the development of the
declared project is to be read as a reference
to the undertaking of the Suburban Rail Loop
program; and
(c) section 211A of that Act is to be read as if--
(i) a reference to the project area in that
section were a reference to the area of
land that the Authority considers may
form part of a project area under this
Act; and
(ii) in subsection (2)(a) of that section, the
words "or that the project authority
considers may form part of the project
area" were omitted.
Note
See also section 78.
Division 9--Reports by the Authority
59 Reports to Minister or Treasurer
The Minister or the Treasurer, in writing, may
require the board to give the Minister or the
Treasurer such information in any form as the
Minister or the Treasurer requires.
60 Annual report of operations
The Authority must include in every annual report
of operations under Part 7 of the Financial
Management Act 1994--
(a) a copy of the statement of corporate intent
last completed; and
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(b) in respect of each Suburban Rail Loop
project being delivered by the Authority
during the financial year to which the report
of operations relates, details of the
following--
(i) any services, non-transport
infrastructure or transport infrastructure
provided;
(ii) any increase in social or economic
capital;
(iii) any enhancements to urban or public
amenity;
(iv) any commercial outcomes or
improvements to economic activity;
(v) any productivity enhancements;
(vi) a report on the financial status of the
project;
(vii) any matter directed by the Minister or
the Treasurer to be included;
(viii) any prescribed matter.
Division 10--Miscellaneous
61 Validity of decisions--board
(1) An act or decision of the board is not invalid
merely because of--
(a) a defect or irregularity in, or in connection
with, the appointment of a director of the
Authority; or
(b) a vacancy in the membership of the board.
(2) Anything done by or in relation to a person
purporting to act as a director is not invalid merely
because--
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(a) the occasion for the appointment had not
arisen; or
(b) there was a defect or irregularity in relation
to the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not
arisen or had ceased.
62 Validity of decisions--chief executive officer
(1) An act or decision of the chief executive officer is
not invalid merely because of--
(a) a defect or irregularity in, or in connection
with, the appointment of the chief executive
officer; or
(b) a vacancy in the office of the chief executive
officer, including a vacancy arising from the
failure to appoint an original chief executive
officer.
(2) Anything done by or in relation to a person
purporting to act as chief executive officer is not
invalid merely because--
(a) the occasion for the appointment had not
arisen; or
(b) there was a defect or irregularity in relation
to the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not
arisen or had ceased.
63 Reciprocal arrangements with Ministers, public
sector entities and public authorities
(1) With the approval of the Minister, the Authority
may enter into an agreement or arrangement with
a Minister, Department Head or public authority
(a reciprocal entity) concerning--
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(a) the carrying out by the Authority and the
reciprocal entity of any of their respective
functions or powers in relation to the
Suburban Rail Loop program or a Suburban
Rail Loop project; or
(b) the carrying out or providing by the
Authority for the reciprocal entity, or by the
reciprocal entity for the Authority of any
development or services in relation to the
Suburban Rail Loop program or a Suburban
Rail Loop project; or
(c) the allocating of funds collected under the
agreement or arrangement in relation to the
Suburban Rail Loop program or the
Suburban Rail Loop project.
(2) The Authority may enter into an agreement or
arrangement with a reciprocal entity concerning
the use or joint use by the Authority and the
reciprocal entity of their respective facilities or the
services of their respective staff in relation to the
Suburban Rail Loop program or the Suburban Rail
Loop project.
64 Minister may declare subsidiary represents Crown
(1) A subsidiary of the Authority does not represent
the Crown unless the Minister declares by notice
published in the Government Gazette that the
subsidiary represents the Crown.
(2) While a declaration under subsection (1) is in
effect, the subsidiary referred to in the declaration
represents the Crown.
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65 Declaration of Suburban Rail Loop planning areas
(1) The Minister may declare an area of land to be a
Suburban Rail Loop planning area.
Note
Section 41A of the Interpretation of Legislation Act 1984
applies to the making of a declaration under subsection (1).
(2) Before making a declaration under subsection (1),
the Minister must be satisfied that the making of
the declaration is necessary to give effect to the
Suburban Rail Loop program.
(3) In making a declaration under subsection (1), the
Minister must have regard to--
(a) the Suburban Rail Loop program objectives;
and
(b) the Authority's object.
(4) A Suburban Rail Loop planning area
declaration--
(a) must describe the area of land subject to the
declaration by means of a plan; and
(b) may specify a date on which the declaration
takes effect, which must be after the day on
which it is published in the Government
Gazette.
66 Preparation of plans of the purposes of Suburban
Rail Loop planning area declarations
(1) The Minister must, for the purposes of section
65(4)(a), prepare a plan that describes an area of
land that is the subject of a Suburban Rail Loop
planning area declaration.
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(2) A plan prepared under subsection (1) must--
(a) include data to enable the plan to be
reproduced on an Internet site maintained
by the Secretary to the Department of
Environment, Land, Water and Planning; and
(b) be lodged with the Central Plan Office
before the Suburban Rail Loop planning area
declaration is published under section 67(1).
67 Publication of Suburban Rail Loop planning area
declaration
(1) A Suburban Rail Loop planning area declaration
must be published in the Government Gazette.
(2) In addition, a Suburban Rail Loop planning area
declaration must be published on an Internet site
maintained by the Department as soon as
practicable after the declaration takes effect.
68 When a Suburban Rail Loop planning area
declaration takes effect
A Suburban Rail Loop planning area declaration
takes effect--
(a) on the day the declaration is published in the
Government Gazette; or
(b) if the declaration specifies a date on which it
is to take effect, on that date.
69 Minister to ensure consolidated version of Suburban
Rail Loop planning area declaration is available
(1) This section applies if a Suburban Rail Loop
planning area declaration is amended by another
Suburban Rail Loop planning area declaration
(an amending declaration).
(2) As soon as practicable after the amending
declaration is published in the Government
Gazette under section 67(1), the Minister must
ensure that an up-to-date consolidated version of
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the Suburban Rail Loop planning area declaration
(as amended by the amending declaration) is
prepared incorporating those amendments.
(3) The Minister must cause the up-to-date
consolidated version of the Suburban Rail Loop
planning area declaration prepared under
subsection (2) to be--
(a) available for inspection by any person free of
charge during office hours at the principal
office of the Department; and
(b) published on an Internet site maintained by
the Department.
(4) A failure to comply with this section does not
affect the operation or effect of the amending
declaration published in the Government Gazette
under section 67(1).
70 Minister to give Suburban Rail Loop planning area
declaration to Planning and Environment Act
Minister
(1) The Minister must give a copy of a Suburban Rail
Loop planning area declaration and any plan
prepared under section 66 for the purposes of the
Suburban Rail Loop planning area declaration to
the Minister administering sections 8A and 8B of
the Planning and Environment Act 1987.
(2) A failure to comply with subsection (1) does not
affect the validity or operation of a Suburban Rail
Loop planning area declaration.
71 Minister to give Suburban Rail Loop planning area
declaration to affected Councils
(1) The Minister must give to every Council in whose
municipal district land to which a Suburban Rail
Loop planning area declaration applies--
(a) a copy of the Suburban Rail Loop planning
area declaration; and
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(b) a statement containing the prescribed
information (if any).
(2) A failure to comply with subsection (1) does not
affect the validity or operation of a Suburban Rail
Loop planning area declaration.
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Part 4--Suburban Rail Loop projects
Division 1--Commencement of projects
72 Declaration of Suburban Rail Loop projects
(1) The Premier may declare a development or
proposed development to be a Suburban Rail
Loop project.
Note
Section 41A of the Interpretation of Legislation Act 1984
applies to the making of a declaration under subsection (1).
(2) In making a declaration under this section, the
Premier must--
(a) be satisfied that the development or proposed
development is not prohibited by or under an
applicable planning scheme; and
(b) have regard to--
(i) the Suburban Rail Loop program
objectives; and
(ii) the Authority's object; and
(iii) the economic, community and social
benefit to the State or the area of the
State in which the development or
proposed development is to be carried
out.
(3) For the purpose of subsection (2)(a), a
development is not prohibited by or under an
applicable planning scheme if--
(a) it is permitted as of right; or
(b) it may be undertaken without a planning
permit (whether or not the planning scheme
requires other approvals or consents to be
obtained before it may be undertaken); or
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(c) it may be undertaken with a planning permit
(whether or not a planning permit may be
granted or refused).
73 Content of Suburban Rail Loop project declaration
(1) A Suburban Rail Loop project declaration must--
(a) describe the Suburban Rail Loop project; and
(b) specify the area of land for the purposes of
the Suburban Rail Loop project (the project
area); and
(c) state that the Authority is responsible for the
Suburban Rail Loop project described in the
declaration.
(2) A Suburban Rail Loop project declaration may
specify--
(a) the project area by reference to a plan; and
(b) the date on which the declaration takes
effect, which must be after the day on which
it is published in the Government Gazette.
74 More than one Suburban Rail Loop project
declaration may specify the same area of land
More than one Suburban Rail Loop project
declaration may specify the same area of land.
75 Publication of Suburban Rail Loop project
declaration
(1) A Suburban Rail Loop project declaration must be
published in the Government Gazette.
(2) In addition, a Suburban Rail Loop project
declaration must be published on an Internet site
maintained by the Department as soon as
practicable after the declaration takes effect.
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76 When a Suburban Rail Loop project declaration
takes effect
A Suburban Rail Loop project declaration takes
effect--
(a) on the day the declaration is published in the
Government Gazette; or
(b) if the declaration specifies a date on which it
is to take effect, on that date.
77 Premier to ensure consolidated version of Suburban
Rail Loop project declaration is available
(1) This section applies if a Suburban Rail Loop
project declaration is amended by another
Suburban Rail Loop project declaration
(an amending declaration).
(2) As soon as practicable after the amending
declaration is published in the Government
Gazette under section 75(1), the Premier must
ensure that an up-to-date consolidated version
of the Suburban Rail Loop project declaration
(as amended by the amending declaration) is
prepared incorporating those amendments.
(3) The Premier must cause the up-to-date
consolidated version of the Suburban Rail Loop
project declaration prepared under subsection (2)
to be--
(a) available for inspection by any person free of
charge during office hours at the principal
office of the Department; and
(b) published on an Internet site maintained by
the Department.
(4) A failure to comply with this section does not
affect the operation or effect of the amending
declaration published in the Government Gazette
under section 75(1).
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78 Interrelationship with Major Transport Projects
Facilitation Act 2009
(1) On the taking effect of a Suburban Rail Loop
project declaration, Parts 5, 6, 7 and 9 of the
Major Transport Projects Facilitation Act 2009
apply to the Suburban Rail Loop project described
in the Suburban Rail Loop project declaration and
for that purpose--
(a) a reference to an approved project or
declared project under that Act is to be read
as a reference to the Suburban Rail Loop
project described in the Suburban Rail Loop
project declaration; and
(b) a reference to the project area under that Act
is to be read as a reference to the project area
specified in the Suburban Rail Loop project
declaration; and
(c) a reference to the project authority under that
Act is to be read as a reference to the
Authority; and
(d) a reference to a project declaration under that
Act is to be read as a reference to the
Suburban Rail Loop project declaration; and
(e) a reference to project land under that Act is
to be read as including land acquired by the
Authority for the purposes of the Suburban
Rail Loop program; and
(f) a reference to the Project Minister under that
Act is to be read as a reference to the
Minister administering this Act; and
(g) a reference to development under that Act is
to be read as reference to development
within the meaning of this Act; and
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(h) a reference to non-transport infrastructure
under that Act is to be read as reference to
non-transport infrastructure within the
meaning of this Act; and
(i) a reference to transport infrastructure under
that Act is to be read as reference to transport
infrastructure within the meaning of this Act.
(2) If before a Suburban Rail Loop project declaration
takes effect, the Authority performs a function or
exercises a power under section 58 in relation to
utility infrastructure in an area that becomes the
project area or part of a project area specified
under the declaration, on the taking effect of the
declaration, the performance of the function or
exercise of the power is taken to have been
exercised or performed by the Authority under
Part 7 of the Major Transport Projects
Facilitation Act 2009 for the purposes of the
Suburban Rail Loop project described in that
declaration.
Division 2--Completion of projects
79 Notification of completion of Suburban Rail Loop
project or a part of a project
The Authority must notify, in writing, the Minister
of the completion of a Suburban Rail Loop project
or part of a Suburban Rail Loop project.
80 Project completion declaration
The Minister may declare that a Suburban Rail
Loop project, or part of a Suburban Rail Loop
project, is complete.
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81 Content of project completion declaration
(1) A project completion declaration--
(a) must--
(i) identify the Suburban Rail Loop
project; and
(ii) identify the applicable project area; and
(iii) describe any land reserved for a public
purpose by or under this Act or any
other Act for the purposes of the
identified Suburban Rail Loop project
that will not be reserved for a public
purpose on the declaration taking
effect; and
(b) may specify any one or more of the
following--
(i) the date on which the declaration takes
effect, which must be after the day
which it is published in the Government
Gazette;
(ii) any matter that the Minister considers
relevant.
(2) In this section--
applicable project area means--
(a) if a project completion declaration is
declaring that the whole of a Suburban
Rail Loop project is complete, the
whole of the project area for the
project; or
(b) if a project completion declaration is
declaring that part of a Suburban Rail
Loop project is complete, that part of
the project area related to the completed
part of the project.
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82 Publication of project completion declaration
(1) A project completion declaration must be
published in the Government Gazette.
(2) In addition, a project completion declaration must
be published on an Internet site maintained by the
Department as soon as practicable after the
declaration takes effect.
83 When project completion declaration takes effect
A project completion declaration takes effect--
(a) on the day the declaration is published in the
Government Gazette; or
(b) if the declaration specifies a date on which it
is to take effect, on that date.
84 Authority ceases to have functions in relation to
applicable project area under the Major Transport
Projects Facilitation Act 2009
On and after the taking of effect of a project
completion declaration, the Authority cannot
perform any function or exercise any power under
the Major Transport Projects Facilitation
Act 2009 in respect of any applicable project area
(as defined under section 81(2)).
Note
Under section 78, on the taking effect of a Suburban Rail Loop
project declaration, Parts 5, 6, 7 and 9 of the Major Transport
Projects Facilitation Act 2009 apply to the Suburban Rail Loop
project described in the Suburban Rail Loop project declaration
and the project area (as defined under section 73(1)(b)) is taken to
be a project area within the meaning of the Major Transport
Projects Facilitation Act 2009.
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Part 5--General
Part 5--General
85 Delegation by Minister
(1) The Minister by instrument may delegate any
function, power or duty of the Minister under this
Act, other than a power specified in
subsection (2), to the following--
(a) the chief executive officer;
(b) the chairperson of the Authority;
(c) the deputy chairperson of the Authority;
(d) a director or group of directors of the
Authority;
(e) a member of staff of the Authority (by name
or as the holder of a named position or
office);
(f) any other person by name or class of
persons, or as the holder of a named position,
office or class of office.
(2) For the purposes of subsection (1), the specified
powers are the following--
(a) the power of delegation under subsection (1);
(b) any power to issue directions or requests to
the Authority and the board;
(c) any power conferred on the Minister to make
a recommendation or give advice to the
Governor in Council;
(d) the power under section 14 or 15;
(e) the power under section 18;
(f) the power under section 37(3);
(g) the power under section 64;
(h) any other prescribed matter.
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(3) A delegation under this section may be made--
(a) in relation to a person or class of persons
specified in the instrument of delegation; or
(b) in relation to the holder, or the holder from
time to time, of an office specified, or of
each office in a class of offices specified, in
the instrument of delegation.
(4) A delegate of a power under subsection (1) may,
subject to any conditions to which the delegation
is subject, sub-delegate that power to any other
person or persons or body if the instrument of
delegation authorises its sub-delegation.
(5) Sections 42 and 42A of the Interpretation of
Legislation Act 1984 apply to a sub-delegation
authorised by this section in the same way as they
apply to a delegation.
86 Improper use of information
(1) A person connected with the Authority must not
make improper use of information acquired
because of that person's connection with the
Authority--
(a) to gain directly or indirectly any pecuniary
advantage for themselves or another person;
or
(b) with intent to cause detriment to the
Authority, the Suburban Rail Loop program,
a Suburban Rail Loop project or the State
irrespective of whether detriment was
caused.
Penalty: 60 penalty units.
(2) A person does not commit an offence under
subsection (1) if they use information referred to
in that subsection in circumstances that are
prescribed.
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87 Information to be confidential
(1) A person connected with the Authority must not
make a record of, or divulge or communicate to
any person, information relating to the Authority,
the Authority's functions and powers or a
Suburban Rail Loop project that was obtained by
the person in confidence, except--
(a) in carrying out official duties other than in a
reckless manner; or
(b) in carrying out duties or obligations, other
than in reckless manner--
(i) under this Act; or
(ii) as a participant in relation to an
undertaking referred to in section 88(e);
or
(iii) under an agreement or arrangement
referred to in section 88(f); or
(c) with the written approval of the Minister; or
(d) to a court, in proceedings under this Act or in
relation to an agreement or arrangement
made under this Act; or
(e) if the information is already in the public
domain, other than as a result of a
contravention of this Act; or
(f) in the prescribed circumstances (if any).
Penalty: 60 penalty units.
(2) For the purposes of subsection (1), a reference to
information obtained in confidence includes a
reference to information obtained by the person in
circumstances in which the person knew or ought
reasonably to have known the information was
confidential.
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88 Who is connected with Authority
For the purpose of sections 86 and 87, a person is
connected with the Authority if the person is or
has been--
(a) a director of the Authority; or
(b) a relative (within the meaning of section 9 of
the Corporations Act) of a director of the
Authority; or
(c) a person that a director of the Authority has
been in a registrable caring relationship or a
registrable domestic relationship (within the
meaning of section 5 of the Relationships
Act 2008) with; or
(d) a member of staff of the Authority; or
(e) a participant with the Authority in a body
(corporate or unincorporate), trust,
partnership, joint venture, or other joint
undertaking; or
(f) a party to an agreement with the Authority
(including any person employed or engaged
by that party in relation to the agreement) or
an arrangement made with the Authority.
89 Obligations of public entities and public service
bodies
A public entity or public service body must--
(a) co-operate with the Authority in the
performance of the functions, powers or
duties of the Authority; and
(b) respond to a reasonable request for
information by the Authority under this
Act in a timely and efficient manner.
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90 Governor in Council may require public authorities
to act
(1) The Governor in Council, by Order published
in the Government Gazette, may require a public
authority--
(a) to carry out functions in relation to the
project area for a Suburban Rail Loop project
or anything done or to be done in that area;
and
(b) to carry out those functions within a period
specified in the Order.
(2) If a function relates to the giving of statutory
approval, a requirement under subsection (1)
cannot fix a shorter time or time limit to that
prescribed by or under an Act.
(3) The public authority must comply with a
requirement under subsection (1).
(4) A requirement under subsection (1) applies
despite anything to the contrary in any other
Act or law other than the Charter of Human
Rights and Responsibilities Act 2006.
91 Proceedings
A proceeding for an offence under this Act or the
regulations, either generally or in a particular case,
may be commenced by--
(a) the Authority; or
(b) a person authorised in writing by the
Authority; or
(c) the Minister; or
(d) a person authorised in writing by the
Minister; or
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(e) a law enforcement agency within the
meaning of section 51A(1) of the Crimes
Act 1958; or
(f) a public prosecutions service within the
meaning of section 3(1) of the Public
Prosecutions Act 1994.
92 Evidence
(1) Proof is not required in the absence of evidence to
the contrary--
(a) that a person bringing a proceeding for an
offence under this Act or the regulations is
authorised to do so; and
(b) of the constitution of the Authority, the due
appointment of its directors or the presence
of a quorum at its meetings; and
(c) of the appointment of any member of staff
by the Authority; and
(d) of the validity of appointment of a person
purporting to act as delegate of the
Authority; and
(e) that a document appearing to be issued by or
on behalf of the Authority, the Premier, the
Minister or the Treasurer was so issued; and
(f) of the fixing of a charge, levy, rate, tax or
exemption by the Authority under this Act or
any other Act; and
(g) of the validity of the contents of the
Authority's records or minutes.
(2) A document appearing to be part of a resolution or
notice made or issued by the Authority under this
Act and appearing to be authenticated by the
Authority is admissible in evidence in any
proceedings and, in the absence of evidence to the
contrary, is proof that a resolution or notice in
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those terms was duly made or issued by the
Authority.
(3) A document appearing to be issued by the
Authority or appearing to be signed by the
chairperson, deputy chairperson, chief executive
officer or a director of the Authority including the
particulars of any amount or liability relating to a
charge, levy, rate, tax or exemption is, in the
absence of evidence to the contrary, proof of the
matters stated in the document.
(4) A document requiring authentication by the
Authority must be taken to be sufficiently
authenticated without the Authority's seal if
signed by the chairperson, deputy chairperson,
chief executive officer or a director of the
Authority or by another person authorised in
writing by the Authority to do so, either generally
or in a particular case.
93 Service of documents
(1) A document required or permitted to be served on
the Authority may be served by being left at its
principal office with a person authorised in
writing by the Authority to accept service of
documents on behalf of the Authority.
(2) A document required or permitted to be served by
the Authority on a person may be served--
(a) by delivering it personally to that person; or
(b) by leaving it at that person's usual or last
known place of residence with a person
apparently over the age of 16 years and
apparently living there; or
(c) by post addressed to that person at the
person's last known place of residence; or
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(d) if the person is an owner or occupier of land
whose name and address are not known to
the Authority--
(i) by leaving it at the land with a person
apparently over the age of 16 years and
apparently living there; or
(ii) by putting it up on a conspicuous part
of the land; or
(e) if the person has given an electronic address
as an address for receiving notices or other
documents--by sending it by electronic
communication to that electronic address; or
(f) in any other prescribed way; or
(g) in any other manner permitted by any other
Act or law.
(3) If the name and address of the owner or occupier
of land are not known to the Authority, a
document may be addressed to the "owner" or
"occupier".
(4) If a document is served on the owner or occupier
of land the service is binding on any subsequent
owner or occupier as if actually served on that
person.
(5) A statutory declaration by a person who has
served or given a document to or on behalf of the
Authority stating the manner, place, date and time
the document was served or given is evidence of
the document having been served or given.
94 Other laws not affected
Sections 91, 92 and 93 add to and do not take
away from any other Act, rule or law relating to
evidence, the service of documents and
proceedings.
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95 Exclusion of proportionate liability under Wrongs
Act 1958
(1) Despite anything to the contrary in Part IVAA of
the Wrongs Act 1958, that Part does not--
(a) prevent the Authority and another person, or
a subsidiary of the Authority and another
person, from making express provision for
their rights, obligations and liabilities under a
contract relating to a Suburban Rail Loop
project with respect to any matter to which
that Part applies; and
(b) limit or otherwise affect the operation of any
express provision in a contract referred to in
paragraph (a).
(2) Subsection (1) extends to any provision in
Part IVAA of the Wrongs Act 1958 even if the
provision applies to liability in contract.
96 Excluded matter for Corporations Act
Anything done by a subsidiary of the Authority
that represents the Crown by declaration under
section 64(1) under this Act is declared to be an
excluded matter for the purposes of section 5F of
the Corporations Act in relation to section 588G
of the Corporations Act.
Note
This section ensures that section 588G of the Corporations Act
will not apply to anything done by a subsidiary of the Authority
that represents the Crown. Section 5F of the Corporations Act
provides that if a State law declares a matter to be an excluded
matter in relation to specified provisions of the Corporations
legislation, then those provisions will not apply to that matter in
the State concerned.
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97 Certain instruments are not legislative instruments
for the purposes of Subordinate Legislation
Act 1994
None of the following is a legislative instrument
for the purposes of Subordinate Legislation
Act 1994--
(a) a Suburban Rail Loop planning area
declaration;
(b) a Suburban Rail Loop project declaration;
(c) a project completion declaration.
98 Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter required or
permitted by this Act to be prescribed or
necessary or convenient to be prescribed to give
effect to this Act.
(2) The regulations may--
(a) be of general or limited application;
(b) differ according to differences in time, place
or circumstances;
(c) may leave any matter or thing to be from
time to time determined, applied, dispensed
with or regulated by a specified person or
class of persons;
(d) may provide in a specified case or class of
case for the exemption of persons or things
or a class of persons or things from any of
the provisions of the regulations, whether
unconditionally or on specified conditions
and either wholly or to the extent specified;
(e) may confer powers or impose duties in
connection with the regulations on any
specified person or specified class of
persons;
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(f) may apply, adopt or incorporate with or
without modification, any matter contained
in any document, code, standard, rule,
specification or method formulated, issued,
prescribed or published by any person--
(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time;
(g) may impose a penalty not exceeding
20 penalty units for a contravention of the
regulations.
(3) Any regulations made under this section for or
with respect to the issuing of film permits must
not be inconsistent with the film friendly
principles.
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Part 6--Savings, transitionals and related provisions
Part 6--Savings, transitionals and related
provisions
Division 1--Preliminary
99 Definitions
In this Part--
Administrative Office has the same meaning as in
the Public Administration Act 2004;
Administrative Office Head has the same
meaning as in the Public Administration
Act 2004;
allocation statement means an allocation
statement made under section 102;
commencement day means the day on which
section 8 comes into operation;
Crown instrument means an instrument
(including a legislative instrument other than
this Act) subsisting immediately before the
relevant date--
(a) to which the Crown was a party; or
(b) that was given to or in favour of the
Crown; or
(c) that refers to the Crown; or
(d) under which--
(i) money is, or may become, payable
to or by the Crown; or
(ii) other property is to be, or may
become liable to be, transferred to
or by the Crown;
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former Crown property means property, rights or
liabilities of the Crown that, under this Part,
have vested in or become liabilities of the
Authority;
instrument includes a document and an oral
agreement;
relevant date means a date fixed by the Minister
under section 101 as the relevant date for an
allocation statement;
SRLA (AO) means the Administrative Office
established by Order in Council under
section 11 of the Public Administration
Act 2004 and published in the Government
Gazette on 3 September 2019.
Note
The terms liabilities, property and rights are used in this Part.
These terms are defined in section 3.
100 Application of Interpretation of Legislation
Act 1984
Except where the contrary intention appears, this
Part, and any regulations made under this Part, do
not affect or take away from the Interpretation of
Legislation Act 1984.
101 Minister may fix relevant date
The Minister, by notice published in the
Government Gazette, may fix the relevant date
for the purposes of an allocation statement under
section 102.
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Division 2--Transfer of property, rights and
liabilities
102 Secretary to prepare allocation statement or
statements
(1) The Secretary must give the Minister within the
period approved by the Minister, a statement or
statements approved by the Minister relating to
the property, rights and liabilities of the Crown
that relate to the activities of the SRLA (AO) as at
the relevant date.
(2) A statement under this section--
(a) must allocate to the Authority all the
property, rights and liabilities of the Crown
that relate to the activities of the SRLA
(AO); and
(b) must be signed by Secretary.
(3) If a statement under this section is approved by
the Minister--
(a) the Minister must sign the statement; and
(b) the statement is an allocation statement for
the purposes of this Part.
(4) The Minister may at any time direct the Secretary
to amend a statement given to them under this
section as specified in the direction.
(5) An allocation statement under this section may be
amended by writing signed by the Minister.
(6) In this section, statement and allocation statement
include a statement or allocation statement
amended in accordance with this section.
103 Certificate of Secretary
(1) A certificate signed by the Secretary certifying
that property, rights and liabilities of the Crown
that relate to the activities of the SRLA (AO)
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specified in the certificate have been allocated
under an allocation statement to the Authority is,
unless revoked under subsection (2), conclusive
evidence--
(a) that the property, rights or liabilities have
been so allocated; and
(b) that the property, rights or liabilities vested
in, or became the property, rights or
liabilities of, the Authority on the relevant
date.
(2) If the Minister so directs the Secretary in writing,
the Secretary must revoke a certificate given
under subsection (1) by issuing another certificate
or certificates in place of the first certificate.
(3) The Secretary--
(a) must keep a register of certificates issued
under this section; and
(b) must make the register reasonably available
for inspection by interested persons.
104 Property, rights and liabilities allocated in
accordance with statement
On the relevant date--
(a) all property and rights of the Crown,
wherever located, that are allocated under
an allocation statement, vest in the Authority
in accordance with the statement; and
(b) all liabilities of the Crown, wherever located,
that are allocated under an allocation
statement, become liabilities of the Authority
in accordance with the statement.
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105 Allocation of property etc. subject to encumbrances
Unless an allocation statement otherwise provides,
if, under this Part, property and rights vest in the
Authority or liabilities become liabilities of the
Authority--
(a) the property and rights so vested are subject
to the encumbrances (if any) to which they
were subject immediately before so vesting;
and
(b) the rights to which the Crown was entitled in
respect of those liabilities immediately
before they ceased to be liabilities of the
Crown vest in the Authority.
106 Substitution of party to agreement
If, under an allocation statement, the rights and
liabilities of the Crown under an agreement are
allocated to the Authority--
(a) the Authority becomes, on the relevant date,
a party to the agreement in place of the
Crown; and
(b) on and after the relevant date, the agreement
has effect as if the Authority had always
been a party to the agreement.
107 Former Crown instruments
Each Crown instrument relating to former Crown
property allocated to the Authority under an
allocation statement continues to have effect
according to its terms on and after the relevant
date as if a reference in the instrument to the
Crown were a reference to the Authority.
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108 Proceedings
If, immediately before the relevant date for an
allocation statement, proceedings relating to
former Crown property (including arbitration
proceedings) allocated to the Authority under the
allocation statement, to which the Crown was a
party were pending or existing in any court or
tribunal, then, on and after that relevant date, the
Authority is substituted for the Crown as a party
to the proceedings and has the same rights in
the proceedings as the Crown had.
109 Taxes
No duty or other tax is chargeable under any Act
in respect of anything done under this Part or in
respect of any act or transaction connected with or
necessary to be done by reason of this Part,
including a transaction entered into or an
instrument made, executed, lodged or given, for
the purpose of, or connected with the transfer of
property, rights or liabilities of the Crown.
110 Evidence
(1) Documentary or other evidence that would have
been admissible for or against the interests of the
Crown in relation to former Crown property if this
Part had not been enacted, is admissible for or
against the interests of the Authority, if the
property is allocated to that body under an
allocation statement.
(2) The Evidence Act 2008 applies with respect to
the books of account of the SRLA (AO) and to
entries made in those books of account before the
relevant date, whether or not they relate to former
Crown property, as if those books of account and
entries were business records of the Authority.
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Part 6--Savings, transitionals and related provisions
Division 3--Other transitional arrangements
111 Chief executive officer of the Authority
(1) The person who, immediately before the
commencement day, was the Administrative
Office Head of the SRLA (AO) is taken on that
day to be the chief executive officer of the
Authority and to hold office as the chief executive
officer on and after that day subject to terms and
conditions of appointment determined by the
board.
(2) The terms and conditions determined by the
board for the purposes of subsection (1) must be
no less favourable overall than the terms and
conditions of employment of that person as the
Administrative Office Head of the SRLA (AO)
immediately before the commencement day.
112 Superseded references
A reference to the SRLA (AO) in any Act or
in any instrument (including a subordinate
instrument) made under or for the purposes of any
Act, or any other document (by whatever name)
prepared or made under or for the purposes of any
Act, must be construed as a reference to the
Authority--
(a) so far as the reference relates to any period
on or after the commencement day; and
(b) if not inconsistent with the subject matter.
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Part 6--Savings, transitionals and related provisions
Division 4--Other provisions related to transition
to Authority
113 Partial revocation of certain reserved land
(1) This section applies if--
(a) a part of the reserved land (the relevant
land) is within the project area for a
Suburban Rail Loop project; and
(b) the Minister considers it necessary for the
purposes of the Suburban Rail Loop project
that the part of the reservation applying to
the reserved land be revoked.
(2) The Minister on--
(a) receiving a plan of the relevant land signed
by the Surveyor-General; and
(b) being satisfied that the land shown on the
plan represents that part of the reservation to
be revoked--
may recommend to the Governor in Council that
the part of the reservation applying to the relevant
land be revoked.
(3) On receiving the Minister's recommendation, the
Governor in Council, by Order published in the
Government Gazette, may, despite anything to
the contrary in the Crown Land (Reserves)
Act 1978, revoke the relevant Order in Council
to the extent that Order the relates to the relevant
land shown on the plan.
(4) On the publication of an Order under
subsection (3) in respect of the relevant land--
(a) subject to paragraph (e), that land is taken to
be unalienated land of the Crown freed and
discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and interests; and
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(b) without limiting paragraph (a), any
reservation of that land in force immediately
before that publication is revoked, despite
anything to the contrary in the Crown Land
(Reserves) Act 1978; and
(c) the appointment of any committee of
management of that land is revoked to the
extent that it relates to that land; and
(d) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
land; and
(e) that land is taken to be temporarily reserved
under section 4(1) of the Crown Land
(Reserves) Act 1978 for the purposes of the
applicable Suburban Rail Loop project.
(5) The reservation of land under subsection (4)(e)
may be amended, revoked or otherwise dealt with
in accordance with the Crown Land (Reserves)
Act 1978.
(6) An Order under subsection (3) is not a legislative
instrument within the meaning of the
Subordinate Legislation Act 1994.
(7) In this section--
reserved land means land described in the
relevant Order;
relevant Order means the Order in Council
made under section 4 of the Crown Land
(Reserves) Act 1978 permanently reserving
Crown Allotment 43A, Parish of Moorabbin,
for public recreation and published in the
Government Gazette on 20 February 1985
at page 397.
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Part 6--Savings, transitionals and related provisions
Division 5--Miscellaneous
114 Validity of things done under this Part
Nothing effected by, or done or suffered under,
this Part--
(a) is to be regarded as placing any person in
breach of contract or confidence or as
otherwise making any person guilty of a civil
wrong; or
(b) is to be regarded as placing any person in
breach of, or as constituting a default under,
any Act (other than the Charter of Human
Rights and Responsibilities Act 2006) or
other law or any provision in any agreement,
arrangement or understanding including,
without limiting the generality of the
foregoing, any provision prohibiting,
restricting or regulating the assignment or
transfer of any property or the disclosure of
any information; or
(c) is to be regarded as fulfilling any condition
which allows a person to exercise a right or
remedy in respect of, or to terminate, any
agreement or obligation; or
(d) is to be regarded as giving rise to any remedy
for a party to a contract or an instrument or
as causing or permitting the termination of
any contract or instrument because of a
change in the beneficial or legal ownership
of any property, right or liability; or
(e) is to be regarded as causing any contract or
instrument to be void or otherwise
unenforceable; or
(f) is to be regarded as frustrating any contract;
or
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(g) releases any surety or other obligee wholly
or in part from any obligation.
115 Regulations dealing with transitional matters
(1) The Governor in Council may make regulations
containing provisions of a transitional nature,
including matters of an application or savings
nature, arising as a result of the enactment of this
Act, including any repeals and amendments made
by or as a result of the enactment of this Act.
(2) Regulations made under this section may--
(a) have a retrospective effect to a day on or
after a date not earlier than the day on which
this Act receives the Royal Assent;
(b) be of limited or general application;
(c) differ according to time, place or
circumstances;
(d) leave any matter or thing to be decided by a
specified person or class of person.
(3) To the extent to which any provision of the
regulations under this section takes effect from a
date that is earlier than the date of its making, the
provision does not operate so as--
(a) to affect, in a manner prejudicial to
any person (other than the State or an
authority of the State), the rights of that
person existing before the date of its making;
or
(b) to impose liabilities on any person (other
than the State or an authority of the State) in
respect of anything done or omitted to be
done before the date of its making.
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(4) Regulations under this section have effect despite
anything to the contrary in--
(a) this Act or any other Act (other than the
Charter of Human Rights and
Responsibilities Act 2006); or
(b) any subordinate instrument.
(5) The following are not required for any proposed
statutory rule that is to be made under this
section--
(a) consultation under section 6 of the
Subordinate Legislation Act 1994;
(b) the preparation of a regulatory impact
statement under section 7 of the
Subordinate Legislation Act 1994.
(6) This section is repealed on the second
anniversary of the day on which it comes into
operation.
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Part 7--Amendment of Planning and Environment Act 1987
Part 7--Amendment of Planning and
Environment Act 1987
116 Definitions
In section 3(1) of the Planning and Environment
Act 1987 insert the following definitions--
"Suburban Rail Loop Authority means the
Authority established by section 8 of the
Suburban Rail Loop Act 2021;
Suburban Rail Loop Minister means the Minister
administering section 65 of the Suburban
Rail Loop Act 2021;
Suburban Rail Loop planning area declaration
has the same meaning as in section 3 of the
Suburban Rail Loop Act 2021;
Suburban Rail Loop program has the same
meaning as in section 3 of the Suburban
Rail Loop Act 2021;
Suburban Rail Loop program objectives has the
same meaning as in section 3 of the
Suburban Rail Loop Act 2021;".
117 Obligations of Department Head in relation to
Yarra River land
For section 4AA(2) of the Planning and
Environment Act 1987 substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise
of a power by the Department Head of the
Department in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
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(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
118 Obligations of Department Head in relation to
declared areas
For section 4AB(2) of the Planning and
Environment Act 1987 substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the Department Head of the
Department in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
119 Municipal council as planning authority for its
municipal district
(1) In section 8A(4) of the Planning and
Environment Act 1987, for "The" substitute
"Subject to subsection (6A), the".
(2) After section 8A(6) of the Planning and
Environment Act 1987 insert--
"(6A) If an application is for the preparation of an
amendment that will apply to land to which a
Suburban Rail Loop planning area
declaration applies, the Minister--
(a) must refer the application to the
Suburban Rail Loop Minister; and
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(b) must not authorise the preparation of
the amendment without the consent of
the Suburban Rail Loop Minister under
section 8C.".
(3) In section 8A(7) of the Planning and
Environment Act 1987, after "subsection (2)"
insert "but subject to subsection (7A)".
(4) After section 8A(7) of the Planning and
Environment Act 1987 insert--
"(7A) Subsection (7) does not apply in relation to
an application for the preparation of an
amendment that will apply to land to which a
Suburban Rail Loop planning area
declaration applies.".
120 Municipal council as planning authority for area
adjoining municipal district
(1) In section 8B(2) of the Planning and
Environment Act 1987, for "The" substitute
"Subject to subsection (5A), the".
(2) After section 8B(5) of the Planning and
Environment Act 1987 insert--
"(5A) If an application is for the preparation of an
amendment that will apply to land to which a
Suburban Rail Loop planning area
declaration applies, the Minister--
(a) must refer the application to the
Suburban Rail Loop Minister; and
(b) must not authorise the preparation of
the amendment without the consent of
the Suburban Rail Loop Minister under
section 8C.".
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121 New sections 8C and 8D inserted
After section 8B of the Planning and
Environment Act 1987 insert--
"8C Consent of the Suburban Rail Loop
Minister required for authorisations of
certain planning scheme amendments
On being referred an application under
section 8A(6A)(a) or 8B(5A)(a), the
Suburban Rail Loop Minister must decide
whether to give consent for the purposes of
section 8A(6A)(b) or 8B(5A)(b). In doing so,
the Minister must have regard to--
(a) the Suburban Rail Loop program
objectives; and
(b) the Suburban Rail Loop Authority's
object.
8D Applications for planning amendment
authorisations received before applicable
Suburban Rail Loop planning area
declarations
(1) This section applies if--
(a) a municipal council makes an
application under section 8A or 8B for
authorisation to prepare a planning
scheme amendment; and
(b) before any of the following occur, a
Suburban Rail Loop planning area
declaration takes effect that applies to
land which will be affected by the
proposed planning scheme amendment
or to which the proposed planning
scheme amendment will apply--
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(i) the Minister notifies the municipal
council of the Minister's decision
under section 8A(5) on the
application;
(ii) section 8A(7) has effect in relation
to the application;
(iii) the Minister makes a decision
under section 8B(2) on the
application.
(2) In the case of an application under
section 8A, section 8A(6A) applies to
the application.
(3) In the case of an application under
section 8B, section 8B(5A) applies to
the application.
(4) If the Minister does not comply with
section 8A(6A) or 8B(5A), any relevant
authorisation for the preparation of the
planning scheme amendment is of no
effect.".
122 New section 9A inserted
After section 9 of the Planning and
Environment Act 1987 insert--
"9A Suburban Rail Loop Authority is a
planning authority
(1) The Suburban Rail Loop Authority is a
planning authority under this Act for any
land to which a Suburban Rail Loop
planning area declaration applies.
(2) The Suburban Rail Loop Authority may
prepare amendments to any provision of a
planning scheme that applies to land to
which a Suburban Rail Loop planning area
declaration applies.".
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123 Exemption from giving notice
(1) In section 20(1) and (2)(a) of the Planning and
Environment Act 1987, after "planning
authority" insert "(other than the Suburban Rail
Loop Authority)".
(2) After section 20(5) of the Planning and
Environment Act 1987 insert--
"(6) The Minister may exempt the Suburban Rail
Loop Authority from any of the requirements
of sections 17, 18 and 19 and the regulations
in respect of an amendment which the
Suburban Rail Loop Authority prepares, if
the Minister considers that compliance with
any of those requirements is not warranted or
that the interests of Victoria or any part of
Victoria make such an exemption
appropriate.
(7) The Minister may impose conditions on an
exemption under subsection (6), including a
condition which requires the Suburban Rail
Loop Authority to give notice of the
amendment in any specified manner.".
124 New section 34A inserted
After section 34 of the Planning and
Environment Act 1987 insert--
"34A Amendments affecting land to which
Suburban Rail Loop planning area
declarations apply
(1) This section applies if a planning authority
other than the Minister submits an adopted
amendment to the Minister under section 31
that--
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(a) amends a provision of a planning
scheme that applies to land to which a
Suburban Rail Loop planning area
declaration applies; or
(b) amends a planning scheme so that a
provision of the planning scheme
applies to land to which a Suburban
Rail Loop planning area declaration
applies.
(2) The Minister must refer to the Suburban Rail
Loop Minister--
(a) the adopted amendment; and
(b) any findings reported to the Minister
by a panel under section 34 on any
changes to the adopted amendment.
(3) Within 28 days after receiving the adopted
amendment (and any findings reported to the
Minister by a panel under section 34 on any
changes to the adopted amendment), the
Suburban Rail Loop Minister must advise
the Minister whether the Suburban Rail Loop
Minister supports, or objects to, the adopted
amendment, including the changes, if any.
(4) If the Suburban Rail Loop Minister objects
to the adopted amendment, the Suburban
Rail Loop Minister must set out the
Suburban Rail Loop Minister's reasons for
that objection in the advice.
(5) The Suburban Rail Loop Minister, in the
Suburban Rail Loop Minister's advice to the
Minister--
(a) may recommend changes to the
adopted amendment whether or not the
Suburban Rail Loop Minister supports,
or objects to, the adopted amendment;
and
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(b) if the Suburban Rail Loop Minister
does so, must set out the reasons for the
recommended changes.".
125 Approval of amendment by Minister
(1) In section 35(1) of the Planning and
Environment Act 1987, for "The" substitute
"Subject to this section, the".
(2) After section 35(1) of the Planning and
Environment Act 1987 insert--
"(1A) If the amendment or a part of an amendment
applies to land to which a Suburban Rail
Loop planning area declaration applies, the
Minister must have regard to the advice of
the Suburban Rail Loop Minister under
section 34A in approving or refusing to
approve the amendment or part of the
amendment.
(1B) However, subsection (1A) does not apply if,
before the Minister makes a decision on the
amendment or part of an amendment, the
Suburban Rail Loop planning area
declaration ceases to apply to the land to
which the amendment or part of an
amendment applies.".
126 Parliament may revoke an amendment
After section 38(5) of the Planning and
Environment Act 1987 insert--
"(6) Subsections (2) to (4) do not apply to an
amendment to a planning scheme prepared
by the Suburban Rail Loop Authority that
applies to land to which a Suburban Rail
Loop planning area declaration applies.".
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127 Defects in procedure
After section 39(8) of the Planning and
Environment Act 1987 insert--
"(9) This section does not apply to a planning
scheme prepared by the Suburban Rail Loop
Authority that applies to land to which a
Suburban Rail Loop planning area
declaration applies.".
128 Advisory committees
(1) In section 151(1) of the Planning and
Environment Act 1987, for "The" substitute
"Subject to subsection (1A), the".
(2) After section 151(1) of the Planning and
Environment Act 1987 insert--
"(1A) The Minister must consult the Suburban
Rail Loop Minister before establishing a
committee to advise the Minister on any
matter relating to the preparation of an
amendment to any provision of a planning
scheme that applies to land to which a
Suburban Rail Loop planning area
declaration applies.
(1B) The establishment of a committee under
subsection (1) is not invalid or ineffective
merely because the Minister did not comply
with subsection (1A).".
129 Appointment of panels
(1) In section 153 of the Planning and Environment
Act 1987, for "The" substitute "Subject to this
section, the".
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(2) At the end of section 153 of the Planning and
Environment Act 1987 insert--
"(2) The Minister must consult the Suburban Rail
Loop Minister before appointing a panel to
consider submissions relating to the
preparation of an amendment to any
provision of a planning scheme that applies
to land to which a Suburban Rail Loop
planning area declaration applies.
(3) The appointment of a panel under subsection
(1) is not invalid or ineffective merely
because the Minister did not comply with
subsection (2).".
130 New section 158AA inserted
After section 158 of the Planning and
Environment Act 1987 insert--
"158AA Terms of reference for panels relating to
Suburban Rail Loop program
(1) On appointing a panel under section 153
to consider submissions relating to the
preparation of an amendment to any
provision of a planning scheme that applies
to land to which a Suburban Rail Loop
planning area declaration applies, the
Minister must give the panel the terms of
reference under which the panel will
consider the submissions.
(2) The terms of reference given to the panel
may specify--
(a) the scope of the matters that the panel
may consider; or
(b) timeframes in relation to the conduct of
panel processes under this Part.
(3) Subsection (2) does not limit what may be
included in the terms of reference.".
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131 Exemption from paying GAIC for land dealings
involving public authorities and councils
After section 201TC(1)(ab) of the Planning and
Environment Act 1987 insert--
"(ac) if land vested in or held by the Suburban Rail
Loop Authority (or a subsidiary of the
Authority) on behalf of the Crown--
(i) is transferred by the Suburban Rail
Loop Authority (or a subsidiary of the
Authority) on behalf the Crown to a
Minister or Secretary to a Department
on behalf of the Crown, a public
authority or to a municipal council; or
(ii) is exchanged by the Suburban Rail
Loop Authority (or a subsidiary of the
Authority) on behalf of the Crown
for land vested in or held by a Minister
or Secretary to a Department on behalf
of the Crown, a public authority or a
municipal council;".
132 Repeal of this Part
This Part is repealed on 1 September 2023.
Note
The repeal of this Part 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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Part 8--Amendment of Major Transport
Projects Facilitation Act 2009
133 Definitions
(1) In section 3 of the Major Transport Projects
Facilitation Act 2009--
(a) insert the following definitions--
"coordinating road authority has the same
meaning as in the Road Management
Act 2004;
interest, in relation to land, means--
(a) a legal or equitable estate or
interest in land; or
(b) an easement, right, charge, power
or privilege in, under, over,
affecting or in connection with
land;
non-road infrastructure has the same
meaning as in the Road Management
Act 2004;
planning permit means a permit issued
under the Planning and Environment
Act 1987;
planning scheme means a planning scheme
under the Planning and Environment
Act 1987;
transport body has the same meaning as in
the Transport Integration Act 2010;
underground land--see section 162(1);";
(b) for the definition of land substitute--
"land includes--
(a) buildings and other structures
permanently fixed to land; and
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(b) land covered with water; and
(c) any interest in land; and
(d) a stratum of land;";
(c) for the definition of non-transport
infrastructure substitute--
"non-transport infrastructure means a
facility, building, fixture, fitting or
permanent structure that is constructed
for any purpose (including a residential,
commercial or industrial purpose) and
that, when constructed, is--
(a) in, on, over, part of, or related or
connected to, transport
infrastructure; or
(b) adjacent to, or in close proximity
to, transport infrastructure;";
(d) in the definition of road, after "2004" insert
"and includes part of such a road";
(e) in the definition of road function, after
"Subdivision 1" insert "or 3".
(2) In section 3 of the Major Transport Projects
Facilitation Act 2009, in the definition of project
land--
(a) for paragraph (a) substitute--
"(a) land that is acquired by, or vested in,
the project authority or the Crown
under Part 6, including land that is
surrendered or divested under that Part
and underground land; or
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(ab) land granted to the project authority on
behalf of the Crown under Part 6 for the
purposes of the approved project; or";
(b) in paragraph (c), for "project;" substitute
"project; or";
(c) after paragraph (c) insert--
"(d) Crown land previously reserved for the
purposes of the approved project that
has become unreserved Crown land
under section 141 and has not been
granted to the project authority under
section 142B;".
134 New section 4A inserted
After section 4 of the Major Transport Projects
Facilitation Act 2009 insert--
"4A References to reserved Crown land
In this Act, a reference to reserved Crown
land or to land reserved under the Crown
Land (Reserves) Act 1978 includes a
reference to land that is taken to be reserved
under that Act by or under this or any other
Act.".
135 Designation of project contractor
In section 7 of the Major Transport Projects
Facilitation Act 2009, for "a project authority has
entered into an agreement for the development of
a part of an approved project on behalf of the
project authority" substitute "the State or a
project authority (or both) have entered into an
agreement for the development of the whole or
part of an approved project on behalf of the State
or project authority (or both)".
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136 Designation of project area
(1) In section 95(3) of the Major Transport Projects
Facilitation Act 2009--
(a) for paragraph (a) substitute--
"(a) the Planning Minister has received a
plan that contains sufficient detail to
identify the extent of the area of land to
be designated; and";
(b) in paragraph (b), for "has made any
amendments to any applicable planning
scheme for purposes of the declared project"
substitute "is satisfied that the declared
project is not prohibited by or under an
applicable planning scheme".
(2) After section 95(4) of the Major Transport
Projects Facilitation Act 2009 insert--
"(5) For the purpose of subsection (3)(b), a
transport project is not prohibited by or
under a planning scheme if--
(a) it is permitted as of right; or
(b) it may be undertaken without a
planning permit (whether or not the
planning scheme requires other
approvals or consents to be obtained
before it may be undertaken); or
(c) it may be undertaken with a planning
permit (whether or not a planning
permit may be granted or refused).".
137 Variations to project area
For section 96(4) of the Major Transport
Projects Facilitation Act 2009 substitute--
"(4) The Planning Minister must not make a
designation under this section unless the
Planning Minister has received a plan that
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contains sufficient detail to identify the
extent of the area of land to be designated.".
138 Consolidated plans for project area
For section 97(2) of the Major Transport
Projects Facilitation Act 2009 substitute--
"(2) The consolidated plans of a project area must
contain sufficient detail to identify the extent
of the 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
At the end of section 101 of the Major Transport
Projects Facilitation Act 2009 insert--
"(2) Before a declared project becomes an
approved project, the project authority for
the declared project has any functions that
are conferred on the project authority by or
under this or any other Act in relation to the
declared project.".
141 Section 102 substituted
For section 102 of the Major Transport Projects
Facilitation Act 2009 substitute--
"102 A project authority's powers
(1) Subject to subsection (2), for the purpose of
performing its project functions, a project
authority that is a public authority has the
following powers--
(a) to acquire, hold or dispose of real or
personal property;
(b) with the written approval of the
Treasurer, to participate in the
formation of a corporation, trust,
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partnership or other body or enter into a
joint venture;
(c) to subscribe for, or otherwise acquire,
hold and dispose of, shares in or
debentures or other securities of, a
corporation;
(d) to become a member of a company
limited by guarantee;
(e) to subscribe for or otherwise acquire,
and hold and dispose of, units in a trust;
(f) to acquire, and hold and dispose of, an
interest in a partnership or other body;
(g) to give indemnities, guarantees,
releases and charges, and anything else
of a similar nature;
(h) on behalf of the Crown, to--
(i) assign, grant, lease, licence, sell,
mortgage, use as a security, or
otherwise encumber or dispose of,
any intellectual property right of
the Crown; or
(ii) seek any remedy in relation to, or
do anything necessary to enforce,
protect, maintain, register or
exploit, any intellectual property
right of the Crown; or
(iii) seek any remedy in relation to, or
do anything necessary to enforce,
protect, maintain or exploit any
Crown copyright;
(i) to employ or engage staff or
consultants;
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(j) to enter into arrangements for the
services of persons employed under the
Public Administration Act 2004;
(k) to appoint agents and attorneys, and act
as agent;
(l) any other powers conferred on the
project authority by or under this or any
other Act or law.
(2) A project authority that is a public authority
does not have the powers specified in
subsection (1) to the extent that the Governor
in Council, on the recommendation of the
Project Minister, by Order published in the
Government Gazette, determines that the
project authority does not have those powers.
(3) For the purpose of performing its project
functions, a project authority that is not a
public authority has the following powers--
(a) the powers specified for the project
authority under subsection (4);
(b) any other powers conferred on the
project authority by or under this or any
other Act or law.
(4) If the project authority is not a public
authority, the Governor in Council, on the
recommendation of the Project Minister, by
Order published in the Government Gazette,
may specify any one or more of the powers
referred to in subsection (1)(a) to (k) to be a
power of the project authority for the
purposes of performing its project functions.
(5) In addition to subsection (1) or (3), a project
authority may do all other things necessary
or convenient to be done for, or in
connection with, or as incidental to, the
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performance of its project functions under
this Act.".
142 Delegation--when the Secretary is the project
authority
For section 104(2) of the Major Transport
Projects Facilitation Act 2009 substitute--
"(2) The Secretary, by instrument, may delegate
any project function the Secretary has, other
than this power of delegation, to--
(a) a person employed under Part 3 of the
Public Administration Act 2004 in--
(i) the Department; or
(ii) an Administrative Office (within
the meaning of that Act) in
relation to the Department; or
(b) an Administrative Office Head (within
the meaning of the Public
Administration Act 2004) of an
Administrative Office (within the
meaning of that Act) in relation to the
Department; or
(c) a person engaged by the Secretary; or
(d) the Suburban Rail Loop Authority; or
(e) the chief executive officer of the
Suburban Rail Loop Authority; or
(f) a member of staff (within the meaning
of the Suburban Rail Loop Act 2021)
of the Suburban Rail Loop Authority.".
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143 New Division 1AA inserted in Part 6
After the heading to Part 6 of the Major
Transport Projects Facilitation Act 2009
insert--
"Division 1AA--Dealing in land before
designation of project area and with
specified entities
111A Definition
In this Division--
specified entity means--
(a) the Crown; or
(b) a Minister; or
(c) a Department Head within the
meaning of the Public
Administration Act 2004; or
(d) a public authority; or
(e) a Council; or
(f) a transport body.
111B Powers of project authority and project
proponent to deal in land before
designation of project area
(1) At any time before a declared project
becomes an approved project, the project
authority or project proponent for the
declared project may--
(a) acquire land by agreement for the
purposes of the declared project or any
purpose connected with the declared
project; and
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(b) hold land for the purposes of the
declared project or any purpose
connected with the declared project;
and
(c) transfer or otherwise dispose of land.
(2) An acquisition of land from, or a transfer of
land to, a specified entity under this section
may be for nominal consideration.
(3) A right in the nature of an easement or
purporting to be an easement may be
transferred under this section only if there is
some other land of the transferee that is
capable of being benefitted by that right.
Note
Section 171A permits the transfer of certain
easements in gross in certain circumstances.
111C Powers of project authority to deal in land
with specified entities after designation of
project area
(1) The project authority for an approved project
may, by agreement--
(a) acquire land from a specified entity for
the purposes of the approved project or
any purpose connected with the
approved project; and
(b) transfer land to a specified entity--
(i) for the purposes of the approved
project or any purpose connected
with the approved project; or
(ii) if the land is no longer required
for the purposes of the approved
project.
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Note
Land no longer required for the purposes
of an approved project may also be dealt
with under Subdivision 4 of Division 7.
(2) An acquisition or transfer of land under this
section may be for nominal consideration.
(3) Land may be acquired or transferred under
this section whether the land is in or outside
the project area.
(4) A right in the nature of an easement or
purporting to be an easement may be
transferred under this section only if there is
some other land of the transferee that is
capable of being benefitted by that right.
Note
Section 171A permits the transfer of certain
easements in gross in certain circumstances.
111D Land Acquisition and Compensation
Act 1986 does not apply
(1) Despite anything to the contrary in this
Act or the Land Acquisition and
Compensation Act 1986, a project authority
is not required to comply with the Land
Acquisition and Compensation Act 1986
in relation to land proposed to be acquired
under this Division, whether or not the
project authority is empowered to
compulsorily acquire that land under any
special Act.
(2) In this section--
special Act has the same meaning as in the
Land Acquisition and Compensation
Act 1986.".
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144 Powers of acquisition
In section 112(1) of the Major Transport
Projects Facilitation Act 2009 omit "an interest
in".
145 Application of Land Acquisition and Compensation
Act 1986
(1) In section 113 of the Major Transport Projects
Facilitation Act 2009, after "Subject to" insert
"Division 1AA,".
(2) At the end of section 113 of the Major Transport
Projects Facilitation Act 2009 insert--
"(2) Despite subsection (1), Division 5 of
Part 2 of the Land Acquisition and
Compensation Act 1986 does not apply in
relation to the entry into possession of
project land by a project authority.
Note
See Division 5 of this Part in relation to entry into
possession of project land.
(3) Despite section 3(3) of the Land
Acquisition and Compensation Act 1986,
if a provision of this Act is inconsistent with
a provision of that Act, the provision of this
Act prevails to the extent of the
inconsistency.".
146 New section 113A inserted
After section 113 of the Major Transport
Projects Facilitation Act 2009 insert--
"113A Notice of acquisition
(1) Despite section 21 of the Land Acquisition
and Compensation Act 1986, a notice of
acquisition for the acquisition of land by a
project authority under section 112--
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(a) must be in the form approved by the
Minister; and
(b) may contain an express declaration that
the land is to vest in the project
authority.
(2) The Minister must cause a form approved
under subsection (1)(a) to be published--
(a) in the Government Gazette; and
(b) on the Department's Internet site.".
147 Section 114 substituted
For section 114 of the Major Transport Projects
Facilitation Act 2009 substitute--
"114 Vesting of acquired land
(1) If the notice of acquisition for land acquired
by a project authority under section 112
contains an express declaration that the land
is to vest in the project authority, the land
vests in the project authority under
section 24 of the Land Acquisition and
Compensation Act 1986.
(2) If the notice of acquisition does not contain
an express declaration that the land is to vest
in the authority, the land vests in the Crown
under section 24 of the Land Acquisition
and Compensation Act 1986, despite
anything to the contrary in that Act, as if a
reference in that section to the Authority
were a reference to the Crown.
(3) This section is subject to section 117.".
148 Certain acquired land taken to be reserved
(1) In section 115(1) of the Major Transport
Projects Facilitation Act 2009, for "an interest in
land that vests in the Crown under section 114, the
land in which the interest subsisted" substitute
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"land and all alienated estates and interests in the
land vest in the Crown under section 114, the
land".
(2) In section 115(2) of the Major Transport
Projects Facilitation Act 2009, after "1978"
insert "or any provision of this Act that provides
for the reservation of Crown land to be amended,
revoked or otherwise dealt with".
149 Acquisition of easement--easement in gross
In section 116 of the Major Transport Projects
Facilitation Act 2009, after "section 112" insert
"or Division 1AA".
150 Section 117 substituted
For section 117 of the Major Transport Projects
Facilitation Act 2009 substitute--
"117 Effect of extinguishment of utility
easements
(1) This section applies if an easement of a
utility, or a right in the nature of an easement
of a utility, is extinguished by or as a result
of any action taken under section 112 or
Division 4, 6 or 8.
(2) The extinguishment of the easement or right
does not remove--
(a) a utility's ownership of any utility
infrastructure; or
(b) any right (other than an interest in real
property) arising under any existing
agreement between utilities in relation
to utility infrastructure; or
(c) any right (other than an interest in real
property) conferred by an enactment
on a utility in relation to utility
infrastructure.
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(3) The extinguishment of the easement or right
does not place a utility in breach of, or
constitute a default or potential default
under, any obligation, undertaking, warranty
or covenant in any agreement, arrangement
or understanding between the utility and a
third party, including any provision
prohibiting, restricting or regulating the
assignment, transfer or disposal of any
land.".
151 Modification of Land Acquisition and
Compensation Act 1986--general
(1) Section 118(1) of the Major Transport Projects
Facilitation Act 2009 is repealed.
(2) For section 118(5) of the Major Transport
Projects Facilitation Act 2009 substitute--
"(5) Part 9 of the Land Acquisition and
Compensation Act 1986 does not apply in
relation to an approved project.".
(3) For section 118(7) of the Major Transport
Projects Facilitation Act 2009 substitute--
"(7) Section 109 of the Land Acquisition and
Compensation Act 1986 does not apply in
relation to the disposal of any project land by
the project authority.".
152 Sections 119, 120 and 121 repealed
Sections 119, 120 and 121 of the Major
Transport Projects Facilitation Act 2009 are
repealed.
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153 Planning compensation
For section 120A(2) of the Major Transport
Projects Facilitation Act 2009 substitute--
"(2) No entitlement to compensation can arise
under Part 5 of the Planning and
Environment Act 1987 as applied by
subsection (1) in relation to any land after it
ceases to form part of the project area
(whether by completion of the approved
project or otherwise).
(3) If land ceases to form part of the project area
(whether by completion of the approved
project or otherwise), section 111 of the
Planning and Environment Act 1987
applies as if the planning scheme had been
amended to remove the reservation referred
to in subsection (1)(a).".
154 Modification of Land Acquisition and
Compensation Act 1986--regulations
In section 122 of the Major Transport Projects
Facilitation Act 2009, for "The regulations"
substitute "Subject to section 113A, the
regulations".
155 Transfer of building or structure as compensation
In section 123 of the Major Transport Projects
Facilitation Act 2009 omit "an interest in".
156 Compulsory acquisition of native title rights and
interests
Section 127(3) of the Major Transport Projects
Facilitation Act 2009 is repealed.
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157 Power of project authority to purchase land
In section 133 of the Major Transport Projects
Facilitation Act 2009--
(a) in subsection (1), after "approved project"
insert "or any purpose connected with an
approved project";
(b) in subsections (3), (4) and (5), for "the
purposes of an approved project or a purpose
specified in subsection (2)" substitute "a
purpose referred to in subsection (1) or (2)".
158 Amendment of heading to Subdivision 1 of
Division 4 of Part 6
In the heading to Subdivision 1 of Division 4 of
Part 6 of the Major Transport Projects
Facilitation Act 2009, for "or divesting"
substitute ", divesting or acquisition".
159 Surrender or divesting of land of public authorities
and Councils
(1) For the heading to section 134 of the Major
Transport Projects Facilitation Act 2009
substitute--
"Order for surrender, divesting or acquisition
of land of public authorities and Councils".
(2) In section 134(1) of the Major Transport
Projects Facilitation Act 2009--
(a) in paragraph (b), for "Council." substitute
"Council; or";
(b) after paragraph (b) insert--
"(c) provide for the acquisition by the
Crown or the project authority of an
interest in land from land in the project
area that is vested in a public authority
or Council.".
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(3) After section 134(3) of the Major Transport
Projects Facilitation Act 2009 insert--
"(3A) An interest referred to in subsection (1)(c)--
(a) may be an interest that did not
previously exist as such; and
(b) may consist of a right in the nature of
an easement, or purporting to be an
easement, even though there is no land
vested or to be vested in the Crown or
the project authority that is benefitted
by or capable of being benefitted by
that right.
(3B) An Order under subsection (1)(b) may
specify that the land divested is to vest in the
project authority.
(3C) An Order under subsection (1)(c)--
(a) must specify the interest to be acquired;
and
(b) may specify that the interest is to be
acquired by the project authority.".
(4) In section 134(5) of the Major Transport
Projects Facilitation Act 2009--
(a) for "notify" substitute "give";
(b) after "authority" (where secondly occurring)
insert "written notice".
(5) In section 134(6) of the Major Transport
Projects Facilitation Act 2009, after "give"
insert "written".
160 Surrender of interests in unreserved Crown land
In section 135(1) of the Major Transport
Projects Facilitation Act 2009, for "any land"
substitute "Crown land".
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161 Effect of surrender or divesting
(1) In the heading to section 136 of the Major
Transport Projects Facilitation Act 2009, after
"or divesting" insert "to, or acquisition by, the
Crown".
(2) In section 136(1) of the Major Transport
Projects Facilitation Act 2009--
(a) in paragraph (b), after "land" insert "if the
Order does not specify that the land is to vest
in the project authority";
(b) after paragraph (b) insert--
"(ba) the publication in the Government
Gazette of an Order under section
134(1)(c) if the Order does not specify
that the interest in the land is to be
acquired by the project authority; or";
(c) in paragraph (c), for "land; or" substitute
"land.";
(d) paragraph (d) is repealed.
(3) For section 136(2) of the Major Transport
Projects Facilitation Act 2009 substitute--
"(2) On the conveyance or publication of the
Order--
(a) the land is freed and discharged from
all trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
(b) except in the case of an Order under
section 134(1)(c), the land is taken to
be unalienated land of the Crown; and
(c) in the case of an Order under section
134(1)(c), the interest specified in the
Order vests in the Crown; and
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(d) any interest that a person has in the land
is divested or diminished to the extent
necessary to give effect to this
subsection.".
(4) In section 136(3), (4) and (5) of the Major
Transport Projects Facilitation Act 2009, after
"subsection" insert "or the relevant Order is an
Order under section 134(1)(c)".
(5) In section 136(5A) of the Major Transport
Projects Facilitation Act 2009, for "134 or 135
may exclude the operation of subsection (5)"
substitute "134(1)(a) or (b) may exclude the
operation of subsection (5) only".
(6) In section 136(6) of the Major Transport
Projects Facilitation Act 2009, after "other Act"
insert "(other than the Charter of Human Rights
and Responsibilities Act 2006)".
162 New section 136A inserted
After section 136 of the Major Transport
Projects Facilitation Act 2009 insert--
"136A Effect of divesting to or acquisition by
project authority
(1) This section applies on the publication in the
Government Gazette of--
(a) an Order under section 134(1)(b) that
specifies that land is to vest in the
project authority; or
(b) an Order under section 134(1)(c) that
specifies that an interest in land is to be
acquired by the project authority.
(2) On the publication of the Order--
(a) the land or interest in land vests in the
project authority freed and discharged
from all trusts, limitations, reservations,
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restrictions, encumbrances, estates and
interests; and
(b) any interest that a person has in the land
is divested or diminished to the extent
necessary to give effect to this
subsection.
(3) If the Order divests an estate in fee simple in
the land--
(a) unless the Order expressly excludes the
operation of this paragraph, if any part
of the land is or is being used as a
road--
(i) that part of the land ceases to be a
road; and
(ii) all rights, easements and
privileges existing or claimed in
that part of the land either in the
public or by any body or person as
incident to any express or implied
grant, or past dedication or
supposed dedication or by user or
operation of law or otherwise,
cease; and
(b) unless the Order expressly excludes the
operation of this paragraph, if any part
of the land is the bed, soil and banks of
a river, all rights, easements and
privileges existing or claimed in that
part of the land either in the public or
by any body or person as incident to
any express or implied grant, or past
dedication or supposed dedication or by
user or operation of law or otherwise,
cease.
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(4) This section has effect despite anything to
the contrary in section 175A of the Water
Industry Act 1994, section 10 of, or
clause 1 of Schedule 5 to, the Road
Management Act 2004 or any other Act
(other than the Charter of Human Rights
and Responsibilities Act 2006).".
163 Temporary reservation may be amended or revoked
In section 137 of the Major Transport Projects
Facilitation Act 2009, after "1978" insert "or any
provision of this Act that provides for the
reservation of Crown land to be amended, revoked
or otherwise dealt with".
164 Section 137A repealed
Section 137A of the Major Transport Projects
Facilitation Act 2009 is repealed.
165 Surrender of land by project authority
(1) For section 137B(1) of the Major Transport
Projects Facilitation Act 2009 substitute--
"(1) The project authority may request the
consent of the Project Minister to the
surrender to the Crown, for the purposes of
the approved project or a purpose connected
with the approved project, of any land held
in fee simple by the project authority.".
(2) For section 137B(4) of the Major Transport
Projects Facilitation Act 2009 substitute--
"(4) If the Project Minister consents to the
surrender of the land, section 22A(1)(a) and
(4)(a) of the Land Act 1958 applies to the
surrender as if--
(a) the consent of the Project Minister were
the consent of the Governor in Council
under section 22A(1); and
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(b) a reference to the Governor in Council
were a reference to the Project
Minister; and
(c) a reference to an authority were a
reference to the project authority.".
166 Revocation of reservations--entire reservation
(1) In section 139(2) of the Major Transport
Projects Facilitation Act 2009, after "revoke"
insert "the reservation including, as necessary,".
(2) After section 139(3) of the Major Transport
Projects Facilitation Act 2009 insert--
"(4) An Order under subsection (2) may be
contained in the same instrument as a
Crown grant under section 142B.".
167 Revocation of reservations--part of reservation
(1) In section 140(2) of the Major Transport
Projects Facilitation Act 2009--
(a) after "revoke" insert "the reservation
including, as necessary,";
(b) after "extent that the" insert "revocation of
the reservation,".
(2) After section 140(3) of the Major Transport
Projects Facilitation Act 2009 insert--
"(4) An Order under subsection (2) may be
contained in the same instrument as a Crown
grant under section 142B.".
168 Effect of revocation of reservations
(1) In section 141(2) of the Major Transport
Projects Facilitation Act 2009 omit "is taken to
be unalienated land of the Crown and".
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(2) For section 141(7) of the Major Transport
Projects Facilitation Act 2009 substitute--
"(7) The land is taken 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
approved project, unless--
(a) before the reservation was revoked, the
land was reserved for the purposes of
the approved project; or
(b) the relevant Order under section 139
or 140 is contained in the same
instrument as a grant of the land under
section 142B.".
(3) In section 141(8) of the Major Transport
Projects Facilitation Act 2009, after "other Act"
insert "(other than the Charter of Human Rights
and Responsibilities Act 2006)".
169 Temporary reservation may be amended or revoked
In section 142 of the Major Transport Projects
Facilitation Act 2009, after "1978" insert "or any
provision of this Act that provides for the
reservation of Crown land to be amended, revoked
or otherwise dealt with".
170 New heading to Subdivision 2A of Division 4 of
Part 6
For the heading to Subdivision 2A of Division 4
of Part 6 of the Major Transport Projects
Facilitation Act 2009 substitute--
"Subdivision 2A--Other ways of making
Crown land available for approved
project".
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171 Other Crown land to be designated for approved
project
(1) In section 142A(5) of the Major Transport
Projects Facilitation Act 2009, after "1978"
insert "or any provision of this Act that provides
for the reservation of Crown land to be amended,
revoked or otherwise dealt with".
(2) After section 142A(6) of the Major Transport
Projects Facilitation Act 2009 insert--
"(7) On publication of an Order designating land
under subsection (3), the land is freed and
discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and interests, unless the Order
expressly provides otherwise.
(8) Unless the Order under subsection (3)
expressly excludes the operation of this
subsection, if any part of the land is or is
being used as a road--
(a) that part of the land ceases to be a road;
and
(b) all rights, easements and privileges
existing or claimed in that part of the
land either in the public or by any body
or person as incident to any express or
implied grant, or past dedication or
supposed dedication or by user or
operation of law or otherwise, cease.
(9) Unless the Order under subsection (3)
expressly excludes the operation of this
subsection, if any part of the land is the
bed, soil and banks of a river, all rights,
easements and privileges existing or claimed
in that part of the land either in the public or
by any body or person as incident to any
express or implied grant, or past dedication
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or supposed dedication or by user or
operation of law or otherwise, cease.
(10) This section has effect despite anything to
the contrary in section 175A of the Water
Industry Act 1994, section 10 of, or
clause 1 of Schedule 5 to, the Road
Management Act 2004 or any other Act
(other than the Charter of Human Rights
and Responsibilities Act 2006).".
172 New section 142B inserted
After section 142A of the Major Transport
Projects Facilitation Act 2009 insert--
"142B Grant of Crown land to project authority
(1) The Governor in Council, on behalf of the
Crown, may grant to a project authority for
the purposes of an approved project any
Crown land in the project area for an estate
in fee simple.
(2) A grant of land under this section may be
contained in the same instrument as an Order
under section 139 or 140.
(3) Land that is reserved under the Crown Land
(Reserves) Act 1978 cannot be granted
under this section unless the grant is
contained in the same instrument as an Order
under section 139 or 140 revoking the
reservation.
(4) If the grant is contained in the same
instrument as an Order under section 139
or 140, the land is taken to have been granted
to the project authority immediately after the
publication of the Order.
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(5) A grant of land under this section must be
made on the recommendation of the Project
Minister after consulting the Minister
administering section 12 of the Land
Act 1958.
(6) The grant may contain any terms, covenants,
conditions or limitations that the Governor in
Council determines.
(7) Land may be granted to a project authority
with or without consideration being given by
the project authority.
(8) Sections 339, 339A, 339B and 340 of the
Land Act 1958 apply to a grant of land
under this section as if it were a grant of
land in fee simple under that Act.".
173 Orders may continue or declare roads
In section 144(6) of the Major Transport
Projects Facilitation Act 2009, after "Act"
insert "(other than the Charter of Human
Rights and Responsibilities Act 2006)".
174 Compensation--surrender, divesting or revocation
of reservation
(1) For the heading to section 145 of the Major
Transport Projects Facilitation Act 2009
substitute--
"Compensation--general".
(2) In section 145 of the Major Transport Projects
Facilitation Act 2009--
(a) in subsections (1) and (2), for "Subdivision 1
or 2" substitute "Subdivision 1, 2 or 2A";
(b) in subsection (4)(b), for "an interest"
substitute "an estate".
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175 Compensation for Councils in certain circumstances
In section 146(1) of the Major Transport
Projects Facilitation Act 2009, for
"Subdivision 1 or 2" substitute
"Subdivision 1, 2 or 2A".
176 Effect of reservation of a stratum of Crown land
Section 150 of the Major Transport Projects
Facilitation Act 2009 is repealed.
177 Power to enter into possession
In section 151 of the Major Transport Projects
Facilitation Act 2009, for "Part" substitute
"Division".
178 Project authority must try to obtain agreement
At the end of section 152 of the Major Transport
Projects Facilitation Act 2009 insert--
"(2) Subsection (1) does not apply in relation to
the entry into possession of underground
land only.".
179 Early entry of place of residence or business
For section 155(1)(c) of the Major Transport
Projects Facilitation Act 2009 substitute--
"(c) the land is underground land that is declared
under section 162.".
180 New section 155A inserted
After section 155 of the Major Transport
Projects Facilitation Act 2009 insert--
"155A Entry into possession of underground
land
A project authority may enter into possession
of underground land at any time after
publication of the Order under section 162
declaring the underground land.".
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181 Recovery of rent
In section 158 of the Major Transport Projects
Facilitation Act 2009, for "Subdivision"
substitute "Division".
182 Section 160 substituted
For section 160 of the Major Transport Projects
Facilitation Act 2009 substitute--
"160 Certain legislation not to apply
Nothing in the Residential Tenancies
Act 1997 or the Retail Leases Act 2003
applies to or in relation to any matter
provided for in, or any proceedings under,
this Division.".
183 Section 161 repealed
Section 161 of the Major Transport Projects
Facilitation Act 2009 is repealed.
184 Amendment of heading to Division 6 of Part 6
For the heading to Division 6 of Part 6 of the
Major Transport Projects Facilitation Act 2009
substitute--
"Division 6--Underground land".
185 New section 161A inserted
After the heading to Division 6 of Part 6 of the
Major Transport Projects Facilitation Act 2009
insert--
"161A Application of Division
(1) Land may be subject to an Order under this
Division even if it is Crown land, including
Crown land permanently or temporarily
reserved under the Crown Land (Reserves)
Act 1978.
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(2) However, an Order under section 162B
cannot provide for the acquisition of an
easement over Crown land.
(3) This Division applies despite anything to
the contrary in the Crown Land (Reserves)
Act 1978 (other than section 8 of that Act).
Note
Section 8 of the Crown Land (Reserves) Act 1978,
which takes effect despite any Act or rule of law to
the contrary, deals with the sale, leasing and licensing
of reserved Crown land.".
186 Section 162 substituted and new sections 162A and
162B inserted
For section 162 of the Major Transport Projects
Facilitation Act 2009 substitute--
"162 Declaration of underground land as
project land
(1) The Governor in Council, by Order
published in the Government Gazette,
may declare that a stratum of land below
ground level in a project area is project
land (the underground land).
(2) An Order under this section must be made on
the recommendation of the Project Minister.
(3) The Governor in Council must not make an
Order under this section unless the Governor
in Council has received plans that specify the
depth and length of the underground land
that have been--
(a) signed by the Surveyor-General; and
(b) lodged at the Central Plan Office.
(4) An Order under this section may provide that
the underground land is to vest in fee simple
in the project authority.
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(5) An Order under this section may be
contained in the same instrument as an
Order under section 162B.
(6) An Order under this section is not a
legislative instrument within the meaning of
the Subordinate Legislation Act 1994.
162A Effect of declaration of underground land
as project land
(1) On the publication of an Order under
section 162 in the Government Gazette--
(a) if the Order provides that the
underground land is to vest in fee
simple in the project authority--
(i) the underground land vests in fee
simple in the project authority
freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates
and interests; and
(ii) if any of the underground land
was Crown land, it vests in the
project authority as if there had
been a grant of the land to the
project authority on behalf of the
Crown for an estate in fee simple;
and
(iii) any interest that a person has in
the underground land is divested
or diminished to the extent
necessary to give effect to this
paragraph; and
(b) if the Order does not provide that the
underground land is to vest in fee
simple in the project authority--
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(i) the underground land vests in the
Crown if it is not already Crown
land; and
(ii) the underground land is taken to
be unalienated land of the Crown
freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates
and interests; and
(iii) any interest that a person has in
the underground land is divested
or diminished to the extent
necessary to give effect to this
paragraph; and
(c) if the underground land or part of it was
permanently or temporarily reserved
under the Crown Land (Reserves)
Act 1978--
(i) that reservation is revoked; and
(ii) the appointment of any committee
of management is revoked in so
far as it applies to the underground
land or part; and
(iii) any regulations made under
section 13 of that Act are revoked
in so far as they apply to the
underground land or part; and
(d) unless the underground land vests in fee
simple in the project authority, it is
taken to be temporarily reserved under
section 4(1) of the Crown Land
(Reserves) Act 1978 for public
purposes, being, in particular, the
purposes of an approved project, and
that reservation may be amended,
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revoked or otherwise dealt with in
accordance with--
(i) the Crown Land (Reserves)
Act 1978; or
(ii) any provision of this Act that
provides for the reservation of
Crown land to be amended,
revoked or otherwise dealt with;
and
(e) unless the Order expressly excludes the
operation of this paragraph, if any part
of the underground land is or forms part
of a road--
(i) that part of the underground land
ceases to be a road; and
(ii) all rights, easements and
privileges existing or claimed in
that part of the underground land
either in the public or by any body
or person as incident to any
express or implied grant, or past
dedication or supposed dedication
or by user or operation of law or
otherwise, cease; and
(f) unless the Order expressly excludes the
operation of this paragraph, if any part
of the underground land is the bed, soil
and banks of a river, all rights,
easements and privileges existing or
claimed in that part of the underground
land either in the public or by any body
or person as incident to any express or
implied grant, or past dedication or
supposed dedication or by user or
operation of law or otherwise, cease.
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(2) This section has effect despite anything to
the contrary in section 175A of the Water
Industry Act 1994, section 10 of, or
clause 1 of Schedule 5 to, the Road
Management Act 2004 or any other Act
(other than the Charter of Human Rights
and Responsibilities Act 2006) or law.
162B Easements below ground level
(1) The Governor in Council, by Order
published in the Government Gazette, may
provide for the acquisition by the Crown or
the project authority of a right in the nature
of an easement over a stratum of land below
ground level in the project area.
Note
An easement cannot be acquired over Crown land--
see section 161A(2).
(2) An Order under this section must be made on
the recommendation of the Project Minister.
(3) If the Crown or the project authority acquires
any right in the nature of an easement, or
purporting to be an easement, under the
Order, that right must be taken to be an
easement even though there is no land vested
in the Crown or the project authority that is
benefitted by or capable of being benefitted
by that right.
(4) A right referred to in subsection (1) may be a
right that did not previously exist as such.
(5) On the publication of the Order--
(a) the right vests in the Crown or the
project authority (as the case may be);
and
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(b) any interest that a person has in the land
below ground level is divested or
diminished to the extent necessary to
give effect to this subsection.
(6) An Order under this section may be
contained in the same instrument as an Order
under section 162.".
187 Sections 163 and 164 substituted
For sections 163 and 164 of the Major Transport
Projects Facilitation Act 2009 substitute--
"163 Compensation--underground land
(1) Subject to subsections (2) and (3), if any
interest in land of a person other than a
public authority is divested or diminished as
a consequence of an Order under section 162
or 162B, the project authority is liable to
compensate the person for loss of market
value in accordance with this section.
(2) A person is not entitled to compensation
(whether under this section or otherwise) in
relation to the effect of an Order under
section 162 or 162B on any interest in land at
a depth of 15 metres or more below the
surface of land.
(3) A Council is entitled to compensation under
this section only if the Council possessed an
estate in fee simple in the land that was
divested or diminished by the Order.
(4) For the purposes of this section, loss of
market value of a person's interest is to be
assessed as the difference between the
market value of that interest before the Order
was published and the market value of that
interest after the Order was published.
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(5) Sections 41(5), (6) and (7) and 43 of the
Land Acquisition and Compensation
Act 1986, with any necessary modifications,
apply to the assessment of loss of market
value for the purposes of this section.
(6) Section 37 and Parts 10 and 11 of the Land
Acquisition and Compensation Act 1986,
with any necessary modifications, apply to
the making and determination of a claim for
compensation under this section as if it were
a claim under section 37(1) of that Act.
(7) To avoid doubt, a public authority is not
entitled to compensation (whether under this
section or otherwise) in relation to the effect
of an Order under section 162 or 162B on
any interest of the public authority in land.
(8) In this section--
market value has the meaning given by
section 40 of the Land Acquisition
and Compensation Act 1986.
164 Transfer of building or structure as
compensation
With the agreement of a person entitled to
compensation under this Division, a project
authority may transfer a building or structure
from project land or from land owned by the
project authority or by that person to other
land owned by that person in full or in part
settlement of any compensation that the
project authority is liable to pay.".
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188 New section 165A inserted
After section 165 of the Major Transport
Projects Facilitation Act 2009 insert--
"165A No other compensation payable
Except as provided in this Division, no
compensation is payable by the Crown or a
project authority in respect of anything done
or arising out of this Division.".
189 Heading to Subdivision 1 of Division 7 of Part 6
amended
In the heading to Subdivision 1 of Division 7 of
Part 6 of the Major Transport Projects
Facilitation Act 2009, for "project authority"
substitute "entry and temporary occupation of
land".
190 New sections 165B to 165N inserted
After the heading to Subdivision 1 of Division 7
of Part 6 of the Major Transport Projects
Facilitation Act 2009 insert--
"165B Power of entry on land before designation
of project area
(1) At any time before a declared project
becomes an approved project, a project
authority, or a person authorised in writing
by a project authority, may enter any land
and do all things necessary or convenient for
investigative purposes to determine--
(a) whether the land should be included in
the project area for the declared project;
or
(b) the suitability of the land for the
purposes of the declared project.
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(2) Without limiting subsection (1), the project
authority, or a person authorised in writing
by the project authority, may do any of the
following on the land--
(a) bring onto the land, and remain on the
land with, any assistants, vehicles,
machinery or equipment;
(b) affix or establish any trigonometrical
stations, survey pegs, marks or poles on
the land and from time to time alter,
remove or reinstate them;
(c) dig or bore into the land and take
samples of soil, rock, ground water or
minerals;
(d) undertake flora and fauna surveys and
archaeological investigations and take
samples of plants;
(e) undertake geotechnical and site survey
work;
(f) undertake ecological surveys;
(g) undertake utilities surveys;
(h) undertake contamination investigations;
(i) determine site conditions (including
undertaking noise monitoring).
(3) The project authority must give to the
occupier of the land, and if the occupier is
not the owner, the owner of the land--
(a) written notice of intention to enter the
land; and
(b) a statement of the principal rights and
obligations of the occupier or owner
(as the case may be) under this Act--
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at least 7 days before the land is entered
under subsection (1).
(4) A person may enter land under this section
earlier than the expiration of 7 days if the
occupier consents to the entry.
(5) The project authority need not give notice in
writing under this section in an emergency.
(6) A person must not under this section enter
land used primarily for residential purposes
except between 7.30 a.m. and 6.00 p.m.
unless the occupier consents to the entry.
165C Power of entry on land after designation
of project area
(1) For the purposes of an approved project or
any purpose connected with an approved
project, a project authority or a person
authorised in writing by a project authority
may--
(a) enter and remain on any land with any
assistants, vehicles, machinery or
equipment; and
(b) affix or establish any trigonometrical
stations, survey pegs, marks or poles on
the land and from time to time alter,
remove or reinstate them; and
(c) dig or bore into the land and take
samples of soil, rock, ground water or
minerals; and
(d) undertake flora and fauna surveys and
archaeological investigations and take
samples of plants; and
(e) undertake geotechnical and site survey
work; and
(f) undertake ecological surveys; and
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(g) undertake utilities surveys; and
(h) undertake contamination investigations;
and
(i) determine site conditions (including
undertaking noise monitoring).
(2) The project authority must give to the
occupier of the land, and if the occupier is
not the owner, the owner of the land--
(a) written notice of intention to enter the
land; and
(b) a statement of the principal rights and
obligations of the occupier and owner
(as the case may be) under this Act--
at least 7 days before the land is entered
under subsection (1).
(3) A person must not--
(a) wilfully and without authorisation from
the project authority, interfere with any
vehicles, machinery or equipment
brought onto, affixed, established or
remaining on land under subsection (1);
or
(b) wilfully obstruct any person acting in
accordance with this section.
Penalty: 5 penalty units.
165D Power of temporary occupation
(1) A project authority or a person authorised in
writing by a project authority may enter any
land and occupy the land so long as is
necessary for the purposes of an approved
project or any purpose connected with an
approved project.
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(2) The project authority or a person authorised
in writing by the project authority may, for
the purposes of an approved project or for
any purpose connected with an approved
project, do any of the following--
(a) dig and take from the land occupied
under subsection (1) any clay, stone,
gravel, earth or other substance;
(b) deposit any material on that land;
(c) make cuttings or excavations on that
land;
(d) take timber from that land;
(e) make and use roadways, railways or
carparks on that land;
(f) manufacture on that land any materials
required;
(g) erect workshops, sheds and buildings of
a temporary character on that land;
(h) construct driveways, pathways or other
means of access to that land, including
associated drains and curbs;
(i) carry out works on drainage channels,
streams or other waterways or works
relating to the diversion of drainage
channels, streams or other waterways;
(j) demolish fences or other structures on
that land (other than a structure that is,
or forms part of, a structure occupied,
or intended to be occupied, as a place
of residence or business).
(3) A project authority may make land that is
being temporarily occupied under this
section available to the public or a section of
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the public to use a railway, roadway,
pathway or carpark constructed on that land.
165E Notice of temporary occupation
(1) At least 7 days before a project authority, or
a person authorised by a project authority,
enters any land under section 165D, the
project authority must give the occupier of
the land, and if the occupier is not the owner,
the owner of the land written notice of the
intention to enter and occupy the land.
(2) A notice under subsection (1) must--
(a) indicate in general terms the
approximate position and nature of the
land; and
(b) indicate the extent to which the powers
under section 165D(2) are proposed to
be exercised; and
(c) include the name and place of business
of any person authorised by the
Authority to exercise a power under
section 165D(2) on its behalf; and
(d) contain a statement of the principal
rights and obligations of the occupier or
owner (as the case may be) under this
Act.
(3) Subject to section 106(1) of the Land
Acquisition and Compensation Act 1986
(as applied and modified under subsection
(4)), the project authority within 7 days after
the expiry of each calendar month must
cause to be given to the owner and occupier
of the land a written notice setting out the
nature and quantity of any substance or
timber taken from the land during that
calendar month.
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(4) Section 106(1) of the Land Acquisition and
Compensation Act 1986 applies, with any
necessary modifications, for the purposes of
subsection (3).
165F Power to investigate and remove trees and
vegetation
(1) A project authority, or a person authorised in
writing by a project authority, may enter any
land and investigate and assess whether any
trees or vegetation on the land create a risk to
the safety of any person in connection with,
or by reason of, a declared project, or to any
person on or using transport or non-transport
infrastructure that is to be, or has been,
developed or affected by a declared project.
(2) After a declared project becomes an
approved project, a project authority, or a
person authorised in writing by a project
authority, may enter any land and lop or fell
and remove any tree or vegetation that has
been assessed as creating a risk referred to in
subsection (1).
(3) The project authority must give to the
occupier of the land, and if the occupier is
not the owner, the owner of the land--
(a) written notice of intention to enter the
land; and
(b) a statement of the principal rights and
obligations of the occupier and owner
(as the case may be) under this Act--
at least 7 days before the land is entered
under subsection (1) or (2).
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(4) In the case of an entry under subsection (2),
the notice under subsection (3)(a) must--
(a) indicate in general terms the nature of
the land; and
(b) indicate in general terms the extent to
which it is proposed to lop, fell and
remove any tree or vegetation; and
(c) include the name and place of business
of any person authorised by the project
authority to lop, fell and remove any
tree or vegetation.
(5) Despite anything to the contrary in the
Planning and Environment Act 1987 or
any planning scheme, a planning permit is
not required for the exercise of a power
under subsection (2).
165G Power to install temporary ground
supports
(1) A project authority or a person authorised in
writing by a project authority may enter,
temporarily occupy and use any land below
ground level for the purpose of an approved
project to install, construct and use
construction ground supports, or ground
stabilisation measures, to temporarily
support--
(a) transport or non-transport
infrastructure; or
(b) the construction of transport or non-
transport infrastructure.
(2) This section authorises the installation,
construction and use of construction ground
supports or ground stabilisation measures
only if--
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(a) they are located wholly below ground
level once their installation or
construction has been completed; and
(b) they will be capable of being removed
at the end of the period of temporary
occupation without damaging any
permanent project infrastructure located
on adjoining land.
(3) A project authority, at least 7 days before it
enters land for the purposes of this section,
must give both the owner and the occupier of
the land written notice that specifies--
(a) the nature of the supports or measures
to be installed or constructed; and
(b) the general depth and location of the
installation or construction; and
(c) the estimated period for which the land
will be temporarily occupied under this
section.
(4) At the end of the period of temporary
occupation under this section, the project
authority, or person authorised by the project
authority, must give written notice to the
owner and occupier of the land--
(a) setting out the location and type of any
supports or measures left in any stratum
of land below ground level, including a
plan or diagram of the supports or
measures; and
(b) stating that nothing in this Act prohibits
the owner or occupier from removing
the supports or measures; and
(c) stating that the owner or occupier may
be entitled to claim compensation under
this section.
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(5) Subject to subsections (6) and (7), if the
owner or occupier of the land has--
(a) sustained any pecuniary loss; or
(b) incurred any expense--
as a direct, natural and reasonable
consequence of the removal of supports or
measures installed or constructed under this
section, the owner or occupier may claim the
amount of that loss or expense from the
project authority.
(6) A claim for compensation may be made
under subsection (5) only if the supports or
measures are removed, and the claim is
made, within 2 years after notice was given
under subsection (4).
(7) A person is not entitled to compensation
under subsection (5) if the whole of the
supports or measures are at a depth of 15
metres or more below the surface of land.
(8) Section 48 and Parts 10 and 11 of the Land
Acquisition and Compensation Act 1986
apply to a claim under subsection (5) as if it
were a claim under section 47(1) of that Act.
165H Obligations in relation to exercise of
powers
(1) In exercising powers under this Subdivision,
a project authority or a person authorised by
a project authority must--
(a) cause as little harm and inconvenience
and do as little damage as possible to
the land and anything on or growing on
the land; and
(b) remain on the land only for the period
that is reasonably necessary; and
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(c) use all reasonable endeavours to co-
operate with the owner and occupier of
the land.
(2) Subject to subsection (3), after the exercise
of powers under this Subdivision in relation
to any land, a project authority or a person
authorised by a project authority must--
(a) remove from the land on the
completion of the entry or occupation
of the land all plant, machinery,
equipment, goods or buildings brought
onto, or erected on, the land; and
(b) except as otherwise agreed with the
owner or occupier of the land, replace
any fence or other structure demolished
under section 165D(2)(j) with a fence
or other structure--
(i) of the same function; and
(ii) of at least the same standard; and
(ii) in the same location or in another
location if it is impracticable to
replace it in the same location
because of the approved project
or works constructed for the
approved project; and
(c) otherwise leave the land, as nearly as
possible, in the condition in which it
was immediately before the land was
entered or occupied.
(3) Despite subsection (2)--
(a) anything constructed under section
165D(2)(h) may be left in place, if it
was constructed to service a use of the
land that will continue after the end of
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the period of temporary occupation;
and
(b) any works carried out under section
165D(2)(i) may be left in place, if the
works were not intended to be
temporary and would not, if left in
place, prevent or significantly interfere
with the use of the land for the purpose
for which it was used immediately
before the temporary occupation; and
(c) any supports or measures installed or
constructed under section 165G may be
left in place; and
(d) anything else may be left in place with
the agreement of the owner or occupier
of the land; and
(e) the land may otherwise be left in a
condition as agreed with the owner or
occupier of the land.
165I Project authority to prepare condition
report for occupied land
(1) Within 14 days after the project authority or
a person authorised by a project authority
occupies land under section 165D, the
project authority must give the owner of the
land a report as to the condition of the land at
occupation (a condition report).
(2) If the owner of the land disagrees with any
aspect of the condition report, the owner
must give written notice of that disagreement
to the project authority within one month
after being given the condition report.
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(3) If the owner of the land does not give notice
of the owner's disagreement within the time
specified under subsection (2), the owner is
taken to agree with the contents of the
condition report.
(4) If the owner gives a notice within the time
specified under subsection (2) and the owner
and project authority cannot agree as to the
contents of the condition report within
2 months after the date the condition report
was given under subsection (1), the project
authority must give the Valuer General
written notice that a dispute exists under this
section.
(5) Within 10 business days after receiving
notice from a project authority under
subsection (4), the Valuer General must
appoint a valuer to prepare a condition
report.
(6) For the purposes of a claim for compensation
under this Subdivision, a condition report
prepared by a valuer under this section is
conclusive evidence of the condition of the
land immediately prior to its occupation by
the project authority.
(7) This section does not apply in relation to the
entry, occupation or use of land under
section 165G.
165J Project authority to fence lands before
using them
(1) If part of any land is occupied or used for the
purposes of section 165D, the project
authority must, if required to do so by the
owner or occupier of the land, separate that
part from the remainder of the land adjoining
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it by a sufficient fence with any gates that are
necessary.
(2) In the case of any difference between the
owners or occupiers of the lands and the
project authority as to the necessity of the
fences and gates, the lands must be separated
with any fences and gates that the Project
Minister thinks necessary for the convenient
occupation or use of the lands.
(3) This section does not apply in relation to the
entry, occupation or use of land under
section 165G.
165K Compensation for entry or temporary
occupation
(1) Any person with an interest in land that has
been entered or temporarily occupied under
this Subdivision who has--
(a) sustained any pecuniary loss; or
(b) incurred any expense--
as a direct, natural and reasonable
consequence of that entry or occupation may
claim the amount of that loss or expense
from the project authority.
(2) A person is not entitled to claim
compensation under this section in relation
to any supports or measures installed,
constructed or used under section 165G that
remain in place at the end of the temporary
occupation under that section.
Note
Compensation in relation to supports or measures
remaining in place at the end of temporary occupation
is dealt with in section 165G.
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(3) Sections 47(2) and 48 and Parts 10 and 11 of
the Land Acquisition and Compensation
Act 1986 apply to a claim under this section
as if it were a claim under section 47(1) of
that Act.
Note
See section 47(2) of the Land Acquisition and
Compensation Act 1986 for the time within which a
claim for compensation must be made.
165L Rent for temporary occupation
(1) The person who would otherwise be entitled
to exclusive possession of land that is
occupied under section 165D has a right to
receive rent from the project authority for the
occupation of the land as determined under
this section.
(2) No rent is payable in relation to any stratum
of land below ground level in which any
construction ground supports, or ground
stabilisation measures are installed under
section 165G.
(3) Within 30 days after giving notice under
section 165E(1), the project authority must
make an offer for the payment of rent to the
person who would otherwise be entitled to
exclusive possession of the land for the
authority's occupation of that land.
(4) If a project authority and the person who
would otherwise be entitled to exclusive
possession of the land do not agree on an
amount of rent to be paid by the project
authority within one month after the project
authority's first offer for the payment of rent
under subsection (3), the project authority
must give the Valuer General written notice
of the disagreement.
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(5) Within 10 business days after receiving
notice from a project authority under
subsection (4), the Valuer General must
appoint a valuer to determine the amount of
rent payable for the occupied land by the
project authority.
(6) If the project authority or the person who
would otherwise be entitled to exclusive
possession of the land disagrees with a
determination made by a valuer under
subsection (5), the disagreement is taken to
be a disputed claim for the purposes of the
Land Acquisition and Compensation
Act 1986 and Part 10 of that Act applies as
if--
(a) a reference in that Part to the Authority
were a reference to the project
authority; and
(b) a reference in that Part to the claimant
were a reference to the person who
would otherwise be entitled to
exclusive possession of the land.
165M Liability of project authority for nuisance
Nothing in this Act exempts a project
authority from any action for nuisance or
other injury (if any) done in the exercise of
powers under this Subdivision to the land or
residence of any person other than the person
whose land is entered, occupied or used for
any of the purposes referred to in this
Subdivision.
165N Obstruction of temporary occupation
(1) After being given a notice under section
165E(1), a person must not wilfully do
any act or thing calculated to prevent the
project authority who gave the notice
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from exercising any power conferred by
section 165D.
Penalty: 5 penalty units.
(2) The doing of an act or thing in contravention
of this section does not prevent a project
authority from exercising any power that it
could lawfully have exercised if that act or
thing had not been done.".
191 New Subdivision 1A heading inserted in Division 7
of Part 6
Before section 166 of the Major Transport
Projects Facilitation Act 2009 insert--
"Subdivision 1A--Powers in relation to
public land and certain other land".
192 Sections 167 and 168 substituted
For sections 167 and 168 of the Major Transport
Projects Facilitation Act 2009 substitute--
"167 Project authority may enter, occupy, use
and carry out works on certain land
(1) For the purposes of an approved project, a
project authority or a person authorised in
writing by a project authority may--
(a) enter, occupy and use any relevant
land; and
(b) carry out works on any relevant land.
(2) A project authority must give written notice
to the person who owns the relevant land or
in whom it is vested, or the person
responsible for the management of the
relevant land, before exercising any power,
or authorising a person to exercise any
power, under this section.
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(3) A project authority must not exercise or
authorise a person to exercise a power under
this section in relation to relevant land that is
reserved Crown land unless--
(a) the exercise of the power is not
inconsistent with the reservation of the
land; or
(b) the relevant land is the subject of a
licence or tenancy agreement under
section 17B of the Crown Land
(Reserves) Act 1978 as modified by
section 168.
(4) An authorisation under this section may be
given subject to any conditions that are not
inconsistent with the purposes of the
approved project.
(5) An authorisation that is inconsistent with the
purposes of an approved project is invalid
only to the extent of the inconsistency.
(6) Works carried out on relevant land in the
exercise of any powers under this section are
not required to be removed from the land at
the completion of the exercise of those
powers.
(7) In this section--
relevant land, in relation to an approved
project, means any of the following,
whether in or outside the project area--
(a) public land;
(b) land owned by or vested in a
Council;
(c) land owned by or vested in a
company within the meaning of
the Corporations Act--
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(i) that exercises a public
function on behalf of the
State; and
(ii) all the shares in which are
held by or on behalf of the
State, a public authority or a
State owned enterprise
within the meaning of the
State Owned Enterprises
Act 1992.
168 Licence or tenancy agreement under
Crown Land (Reserves) Act 1978
(1) If a project authority intends to exercise, or
authorise a person to exercise, a power under
section 167 on or in relation to reserved
Crown land, the project authority may
request the Project Minister to grant the
project authority or a person authorised in
writing by the project authority a licence or
to enter into a tenancy agreement under
section 17B of the Crown Land (Reserves)
Act 1978 as modified by this section.
(2) Following a request under subsection (1), for
the purposes of section 167 and this section,
section 17B of the Crown Land (Reserves)
Act 1978 applies with the following
modifications--
(a) section 17B(1) applies as if--
(i) any powers exercisable under that
subsection by the trustees or
committee of management or the
responsible Minister were
exercisable by the Project
Minister; and
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(ii) there were no requirement for the
written approval of the responsible
Minister;
(b) section 17B(1A) applies as if any
powers exercisable under that
subsection by the responsible Minister
were exercisable by the Project
Minister;
(c) section 17B(2) applies as if the
reference to the Minister were a
reference to the Project Minister;
(d) section 17B(3) applies as if a reference
to the Minister giving approval under
subsection (1) were a reference to the
Project Minister granting a licence or
entering into a tenancy agreement
under that subsection;
(e) section 17B(3A) applies as if the
reference to the Minister were a
reference to the Project Minister;
(f) section 17B(4) applies as if--
(i) any powers exercisable under that
subsection by the trustees or
committee of management or the
Minister were exercisable by the
Project Minister; and
(ii) there were no requirement for the
approval of the Minister.
(3) If the reserved Crown land is managed by
trustees or a committee of management
under the Crown Land (Reserves)
Act 1978--
(a) the Project Minister must give written
notice to the trustees or committee of
management of the granting of a
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licence or entering into of a tenancy
agreement in relation to the land under
section 17B of that Act as modified by
this section; and
(b) after the giving of that notice, the
trustees or committee of management
must not do anything that is
inconsistent with the licence or tenancy
agreement.".
193 Project authority liable to pay compensation
(1) In the heading to section 169 of the Major
Transport Projects Facilitation Act 2009,
after "compensation" insert "to persons
whose interests are affected".
(2) For section 169(1) of the Major Transport
Projects Facilitation Act 2009 substitute--
"(1) This section applies if a person's interest in
relevant land is interfered with or affected by
the entry onto, occupation or use of the land,
or the carrying out of works on the land, by
or on behalf of a project authority under
section 167.
(1A) The project authority is liable to compensate
the person for any pecuniary loss suffered, or
any expenses incurred, by the person as a
direct, natural and reasonable consequence
of the interference with, or the effect on, the
person's interest in the relevant land.".
(3) After section 169(3) of the Major Transport
Projects Facilitation Act 2009 insert--
"(4) In this section--
relevant land has the same meaning as in
section 167.".
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194 Section 170 repealed
Section 170 of the Major Transport Projects
Facilitation Act 2009 is repealed.
195 New Subdivision 1B heading inserted in Division 7
of Part 6
Before section 171 of the Major Transport
Projects Facilitation Act 2009 insert--
"Subdivision 1B--Easements".
196 Section 171A substituted
For section 171A of the Major Transport
Projects Facilitation Act 2009 substitute--
"171A Transfer of easements to utilities or
transport bodies
(1) A project authority may transfer an easement
vested in the project authority that is project
land--
(a) to a utility for the purposes of
relocating utility infrastructure as a
result of an approved project; or
(b) to a transport body, if that body is
capable of holding an easement under
another Act.
(2) A project authority, on behalf of the Crown,
may transfer an easement vested in the
Crown that is project land--
(a) to a utility for the purposes of
relocating utility infrastructure as a
result of an approved project; or
(b) to a transport body, if that body is
capable of holding an easement under
another Act.
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(3) The project authority must consult the
relevant utility or transport body before
transferring an easement under this section.
(4) An easement is to be transferred under this
section on the terms and conditions
determined by the project authority.
(5) An easement that is or purports to be
transferred to a utility or transport body
under this section is taken to be an easement
even though there is no land of the utility or
transport body that is benefitted by or
capable of being benefitted by the easement.
(6) In this section, a reference to the transfer of
an easement includes a reference to the
transfer of a right that is taken under this Act
to be an easement.
(7) In this section--
utility includes an entity (whether publicly or
privately owned) that provides, or
intends to provide, telecommunications
services under the authority of an
enactment or a law of the
Commonwealth.".
197 Application of Subdivision 2 of Division 7 of Part 6
In section 172 of the Major Transport Projects
Facilitation Act 2009, after "other Act" insert
"(other than the Charter of Human Rights and
Responsibilities Act 2006)".
198 Application of Subdivision 3 of Division 7 of Part 6
In section 176 of the Major Transport Projects
Facilitation Act 2009, after "other Act" insert
"(other than the Charter of Human Rights and
Responsibilities Act 2006)".
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199 Surplus land
In section 180(1) of the Major Transport
Projects Facilitation Act 2009, after "land"
(where secondly occurring) insert "if the Project
Minister considers it is no longer necessary that
the land be used or managed as project land".
200 Section 181 substituted
For section 181 of the Major Transport Projects
Facilitation Act 2009 substitute--
"181 Dealing with surplus Crown land
(1) The Project Minister, after consulting the
Minister administering section 12 of the
Land Act 1958, on behalf of the Crown,
may--
(a) grant, convey or otherwise dispose of
surplus land that is Crown land for any
estate or interest, subject to any terms,
covenants, conditions or limitations that
the Project Minister determines; or
(b) grant a lease or licence over surplus
land that is Crown land, subject to any
terms, covenants, conditions or
limitations that the Project Minister
determines.
(2) The proceeds derived from the grant of an
estate in fee simple under this section, less
any costs incurred in granting the estate in
fee simple, must be paid into the
Consolidated Fund.
(3) This section applies despite anything to the
contrary in the Land Act 1958.".
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201 Removal of reservation of Crown land before estates
or interests granted under section 181
(1) In the heading to section 182(1) of the Major
Transport Projects Facilitation Act 2009, for
"that is surplus land for sale" substitute "before
estates or interests granted under section 181".
(2) In section 182(1) of the Major Transport
Projects Facilitation Act 2009, for "selling"
substitute "granting an estate in fee simple in".
(3) In section 182(2) of the Major Transport
Projects Facilitation Act 2009--
(a) after "revoke" insert "the reservation
including, as necessary,";
(b) after "extent that the" insert "revocation of
the reservation,".
202 Section 183 substituted
For section 183 of the Major Transport Projects
Facilitation Act 2009 substitute--
"183 Reservation of surplus land--Crown
(1) The Project Minister, after consulting the
Minister administering the Crown Land
(Reserves) Act 1978, may recommend to the
Governor in Council that an Order be made
under this section in respect of all or part of
any surplus land that is Crown land.
(2) On the recommendation of the Project
Minister under subsection (1), the Governor
in Council, by Order published in the
Government Gazette, may--
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(a) if the relevant surplus land is reserved
Crown land--
(i) revoke the reservation including,
as necessary, the following--
(A) any Order in Council
reserving the land;
(B) any Crown grant, certificate
of title or folio of the
Register issued or created
with respect to the land; and
(ii) reserve the relevant surplus land
for a public purpose; or
(b) if the relevant surplus land is
unreserved Crown land, reserve the
relevant surplus land for a public
purpose.
(3) An Order published under this section must
state the purpose for which the land that is
the subject of the Order is reserved.
(4) On the publication of an Order under this
section in respect of surplus land that is
reserved Crown land--
(a) subject to paragraph (e), that land is
taken to be unalienated land of the
Crown freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
(b) without limiting paragraph (a), any
reservation of that land under the
Crown Land (Reserves) Act 1978 in
force immediately before that
publication is revoked; and
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(c) the appointment of any committee of
management of that land is revoked to
the extent that it relates to that land; and
(d) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to
that land; and
(e) that land is taken to be temporarily
reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for
the purpose stated in the Order.
(5) On the publication of an Order under this
section in respect of surplus land that is
unreserved Crown land--
(a) subject to paragraph (b), that land is
taken to be unalienated land of the
Crown freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
(b) that land is taken to be temporarily
reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for
the purpose stated in the Order.
(6) The reservation of land under subsection
(4)(e) or (5)(b) may be amended, revoked or
otherwise dealt with in accordance with--
(a) the Crown Land (Reserves) Act 1978;
or
(b) any provision of this Act that provides
for the reservation of Crown land to be
amended, revoked or otherwise dealt
with.
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(7) An Order made under this section is not a
legislative instrument within the meaning of
the Subordinate Legislation Act 1994.".
203 Section 186 substituted and new sections 186A
to 186E inserted
For section 186 of the Major Transport Projects
Facilitation Act 2009 substitute--
"186 Works powers in relation to roads
(1) Despite anything to the contrary in the Road
Management Act 2004, a project authority
may carry out, or authorise a person to carry
out, works to, on, over or under, or in
relation to, a road for the purposes of an
approved project.
(2) In this section--
works includes--
(a) the carrying out of improvements
to, or maintenance or construction
of--
(i) road infrastructure; or
(ii) non-road infrastructure; and
(b) the causing of fences, posts or
other structures to be erected--
(i) along a road; or
(ii) along a roadway; or
(ii) along or across any entrance,
approach or means of access
to a road or a roadway.
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186A Power to discontinue or realign a road
(1) Subject to this section, a project authority,
for the purposes of an approved project, by
notice published in the Government Gazette,
may do either or both of the following--
(a) discontinue a road;
(b) realign a road.
(2) A project authority must not publish a notice
under subsection (1) to realign a road if to do
so would result in land other than specified
land becoming a road.
(3) For the purposes of subsection (2), specified
land is--
(a) project land; or
(b) land owned by the project authority; or
(c) land owned by a person other than the
project authority--
(i) that is under the management or
control of the project authority;
and
(ii) in relation to which the project
authority has obtained the written
consent of that person to use that
land as a realigned road or part of
a realigned road.
(4) A notice under subsection (1) must--
(a) specify the date on which the notice
takes effect (which must not be earlier
than the date on which the notice is
published in the Government Gazette);
and
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(b) in the case of the discontinuance of a
road, include a description of the road
to be discontinued; and
(c) in the case of the realignment of a
road--
(i) include--
(A) a description of the land that
will no longer be part of the
realigned road; and
(B) a description of the land that
will become part of the
realigned road; and
(ii) specify whether the realigned
road will be taken to be, under
section 186C--
(A) a freeway; or
(B) an arterial road; or
(C) a non-arterial State road; or
(D) a municipal road.
(5) In addition, a notice under subsection (1)
may specify that--
(a) in the case of a discontinued road that is
not Crown land, the land described in
the notice under subsection (4)(b) will
vest in fee simple in the project
authority or a specified transport body
under section 186B; and
(b) in the case of a realigned road, the land
described in the notice under subsection
(4)(c)(i)(A), if it is not Crown land, will
vest in fee simple in the project
authority or a specified transport body
under section 186C.
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(6) A description required under subsection
(4)(b) or (c)(i) may be by reference to a
map or plan included in a notice under
subsection (1).
186B Effect of notice of discontinuance of road
(1) On the day on which a notice under section
186A(1)(a) takes effect, the road described in
the notice--
(a) ceases to be a road and all rights,
easements and privileges existing or
claimed in the land either in the public
or by any body or person as incident to
any express or implied grant, or past
dedication or supposed dedication or by
user or operation of law or otherwise,
cease; and
(b) subject to subsection (2), is taken to
be--
(i) unalienated land of the Crown
freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates
and interests; and
(ii) temporarily reserved under
section 4(1) of the Crown Land
(Reserves) Act 1978 for public
purposes, being, in particular, the
purposes of the approved project.
(2) If a notice under section 186A(1)(a) specifies
that land is to vest in fee simple in the
project authority or a specified transport
body--on the day the notice takes effect, that
land vests in fee simple in the authority or
that specified transport body freed and
discharged from all trusts, limitations,
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reservations, restrictions, encumbrances,
estates and other interests.
Note
See also section 186A(5)(a).
(3) The reservation under subsection (1)(b)(ii)
may be amended, revoked and otherwise
dealt with in accordance with--
(a) the Crown Land (Reserves) Act 1978;
or
(b) any provision of this Act that provides
for the reservation of Crown land to be
amended, revoked or otherwise dealt
with.
(4) This section applies despite anything to the
contrary in section 10 of the Road
Management Act 2004 or any other Act
(other than the Charter of Human Rights
and Responsibilities Act 2006).
186C Effect of notice of realignment of road
(1) On the day on which a notice under section
186A(1)(b) takes effect--
(a) the land described in the notice under
section 186A(4)(c)(i)(A)--
(i) ceases to be a road and all rights,
easements and privileges existing
or claimed in the land either in the
public or by any body or person as
incident to any express or implied
grant, or past dedication or
supposed dedication or by user or
operation of law or otherwise,
cease; and
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(ii) subject to subsection (2), is taken
to be--
(A) unalienated land of the
Crown freed and discharged
from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and
interests; and
(B) temporarily reserved under
section 4(1) of the Crown
Land (Reserves) Act 1978
for public purposes, being, in
particular, the purposes of
the approved project; and
(b) the land described in the notice under
section 186A(4)(c)(i)(B) is--
(i) dedicated to the public as a
highway within the meaning of
the common law and any Act; and
(ii) taken to be--
(A) declared under section 14 of
the Road Management
Act 2004 to be a freeway, an
arterial road, a non-arterial
State road or a municipal
road as specified in the
notice under section
186A(4)(c)(ii); and
(B) a highway within the
meaning of the Road
Safety Act 1986.
(2) If a notice under section 186A(1)(b)
specifies that land is to vest in fee simple in
the public authority or a specified transport
body--on the day the notice takes effect, that
land vests in fee simple in the authority or
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that specified transport body freed and
discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and other interests.
Note
See also section 186A(5)(b).
(3) The reservation under subsection
(1)(a)(ii)(B) may be amended, revoked and
otherwise dealt with in accordance with--
(a) the Crown Land (Reserves) Act 1978;
or
(b) any provision of this Act that provides
for the reservation of Crown land to be
amended, revoked or otherwise dealt
with.
(4) This section applies despite anything to the
contrary in section 10 of the Road
Management Act 2004 or any other Act
(other than the Charter of Human Rights
and Responsibilities Act 2006).
186D Other powers relating to the management
of roads and traffic
(1) A project authority may, for the purposes of
an approved project, do any one or more of
the following--
(a) provide for temporary roadways on
relevant land;
(b) temporarily deviate a road over relevant
land;
(c) temporarily divert traffic onto a
temporary roadway or a temporarily
deviated road;
(d) close a road to traffic;
(e) open a road to traffic.
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(2) In this section--
relevant land means--
(a) project land; or
(b) land owned by the project
authority; or
(c) land temporarily occupied by a
project authority under this Part;
or
Example
Section 165D.
(d) land occupied and used under
section 167; or
(e) land within a road reserve
(within the meaning of the Road
Management Act 2004); or
(f) land owned by a person other than
the project authority--
(i) that is under the management
or control of the project
authority; and
(ii) in relation to which the
project authority has
obtained the written consent
of that person to use that
land as a temporary road.
186E Notification of exercise of road powers
relating to temporary deviations and road
closures
(1) A project authority must publish in the
Government Gazette notice of the doing of
any one or more of the following under
section 186D by the project authority--
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(a) the temporary deviation of a road;
(b) the temporary diversion of traffic onto a
temporary roadway or a temporarily
deviated road;
(c) the closure of any road to traffic.
(2) A notice under subsection (1) must specify
the date on which, as the case requires--
(a) the temporary deviation of the road
commences; or
(b) the temporary diversion of traffic onto a
temporary roadway or a temporarily
deviated road commences; or
(c) the closure of the road commences.
(3) The date specified under a notice under
subsection (1) must not be earlier than the
date on which the notice is published in the
Government Gazette.".
204 Project authority to advise coordinating road
authority before exercising power
In section 187 of the Major Transport Projects
Facilitation Act 2009, for "exercising any power
under section 186" substitute "the exercise of any
power under section 186, 186A or 186D".
205 Sections 188 and 189 substituted
For sections 188 and 189 of the Major Transport
Projects Facilitation Act 2009 substitute--
"188 Exercise of road powers by relevant road
authorities
(1) Subject to section 189, a road authority must
not exercise any powers in relation to a road
under any Act or law in a manner that is
inconsistent with--
(a) the purposes of an approved project; or
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(b) the exercise of any powers under--
(i) section 186, 186A or 186D; or
(ii) Subdivision 3.
(2) To avoid doubt, a reference in this section to
a road authority includes a reference to an
entity that is a road authority exercising
powers in relation to a road conferred on the
entity under any Act other than as a road
authority.
Example
A Council is a road authority under the Road
Management Act 2004 and may exercise powers in
relation to roads under that Act as a road authority.
A Council may also exercise powers in relation to
roads, as a Council, under the Local Government
Act 2020.
189 Project authority consent required for
certain road works or to discontinue a
road
(1) Despite anything to the contrary in the Road
Management Act 2004, the Local
Government Act 2020 or any other Act
(other than the Charter of Human Rights
and Responsibilities Act 2006) or at law, a
road authority must not--
(a) carry out works to, on or over, or in
relation to a road within a project area
that are not routine maintenance works;
or
(b) discontinue a road within a project
area--
without the consent, under this section, of the
project authority for the approved project to
which the project area relates (the relevant
project authority).
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(2) A road authority may apply to the relevant
project authority for the authority's consent
for the purposes of subsection (1).
(3) An application under subsection (2) must
describe in sufficient detail the intended
works or discontinuance of the road to
enable the project authority to understand the
nature of the intended works or
discontinuance.
(4) On receiving an application under
subsection (2), the relevant project authority
must decide whether the intended works or
discontinuance of the road will be consistent
with the purposes of the project.
(5) If the relevant project authority decides that
the intended works or discontinuance of the
road will be consistent with the purposes of
the project, the authority must give its
written consent to the road authority to do
the thing specified in the application.
(6) If the relevant project authority decides that
the intended works or discontinuance of the
road will be inconsistent with the purposes of
the project, the authority may--
(a) by written notice, refuse to give its
consent to the road authority to do the
thing specified in the application; or
(b) in the case of intended works, give its
written consent to the road authority
subject to any conditions or limitations
specified in the consent for the
purposes of managing the inconsistency
between the intended works and the
purposes of the approved project.
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(7) The relevant project authority must make a
decision under subsection (4) within 14 days
after receiving an application under
subsection (2).
(8) If the relevant project authority does not
make a decision as required under
subsection (7), the relevant project authority
is taken to have given its consent to the road
authority for the road authority to do the
thing specified in the application.
(9) To avoid doubt, a reference in this section to
a road authority includes a reference to an
entity that is a road authority exercising
powers in relation to a road conferred on the
entity under any Act other than as a road
authority.
Example
A Council is a road authority under the Road
Management Act 2004 and may exercise powers in
relation to roads under that Act as a road authority.
A Council may also exercise powers in relation to
roads, as a Council, under the Local Government
Act 2020.".
206 Section 190 repealed--temporary closure of roads to
traffic
Section 190 of the Major Transport Projects
Facilitation Act 2009 is repealed.
207 Compensation for denial of access following
discontinuation or realignment of road
(1) In the heading to section 191 of the Major
Transport Projects Facilitation Act 2009, after
"access" insert "following discontinuation or
realignment of road".
(2) In section 191(1) of the Major Transport
Projects Facilitation Act 2009, for "a decision
made under this Subdivision to discontinue,
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realign or relocate" substitute "the exercise of a
power under section 186A to discontinue or
realign".
(3) In section 191(2)(c) of the Major Transport
Projects Facilitation Act 2009, for "making of
the decision under this Subdivision" substitute
"exercise of the power under section 186A".
(4) In section 191(6) of the Major Transport
Projects Facilitation Act 2009, for "Subdivision"
substitute "section".
208 New section 191A inserted
After section 191 of the Major Transport
Projects Facilitation Act 2009 insert--
"191A Compensation for temporary diversions
or deviations of road that deny access
(1) Subject to subsection (2), a project authority
is liable to pay compensation in accordance
with this section to a person who has interest
in land who sustains a pecuniary loss or
incurs an expense as a direct, natural and
reasonable consequence of the exercise of a
power under section 186D(1)(b) or (c) if the
effect of the exercise of that power is that
access to that land is denied.
Note
Section 186D(1)(b) provides for the temporary
deviation of a road. Section 186D(1)(c) provides for
the temporary deviation of traffic onto a temporary
roadway or a temporarily deviated road.
(2) Compensation is not payable under this
section for the denial of access if--
(a) there is adequate existing alternative
access to the land; or
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(b) the project authority provides, or agrees
to provide, adequate alternative access
to the land; or
(c) a claim for compensation is not served
on the project authority within one year
of the end of the temporary deviation of
a road or temporary deviation of traffic
(as the case requires).
(3) For the purposes of determining whether
alternative access to the land is adequate, no
regard is to be had as to which stream of
traffic has access to the land.
(4) Any claim for compensation under this
section must be made and dealt with in
accordance with the Land Acquisition and
Compensation Act 1986 as if it were a
claim under section 47(1) of that Act.
(5) Section 127 of the Road Management
Act 2004 does not apply in respect of any
matter for which compensation is payable
under this section.".
209 Compensation for affected utilities
(1) In section 192 of the Major Transport Projects
Facilitation Act 2009, for "a decision made under
this Subdivision to discontinue, realign or relocate
a road" substitute "the exercise of a power under
section 186A(1)(a) or (b) or 186D(1)(b) or (c)".
(2) At the end of section 192 of the Major Transport
Projects Facilitation Act 2009 insert--
"(2) Subsection (1) does not apply if the adverse
effect on a utility is a lack of access to land
and there is an alternative method of access
to that land.".
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(3) At the foot of section 192(1) of the Major
Transport Projects Facilitation Act 2009
insert--
"Note
Section 186A(1)(a) provides for the discontinuance of a
road. Section 186A(1)(b) provides for the realignment of a
road. Section 186D(1)(b) provides for the temporary
deviation of a road. Section 186D(1)(c) provides for the
temporary deviation of traffic onto a temporary roadway or
a temporarily deviated road.".
210 New Subdivision 3 of Division 8 of Part 6 inserted
After Subdivision 2 of Division 8 of Part 6 of the
Major Transport Projects Facilitation Act 2009
insert--
"Subdivision 3--Powers related to
closed roads
195A Powers concerning the leaving standing of
vehicles in parking areas on roads
(1) Despite anything to the contrary under the
Road Safety Act 1986 or under any rules or
regulations made under that Act, a project
authority may fix, rescind or vary the days,
hours and periods of time for which, and the
conditions on which, vehicles may stand in a
parking area on a highway or other parking
area that is a road that is closed to traffic
under section 186D.
(2) As soon as practicable after doing a thing
under subsection (1), a project authority must
give written notice to the relevant
coordinating road authority and relevant
responsible road authority of the doing of
that thing.
(3) A notice under subsection (2) must describe
the thing done.
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(4) In this section--
highway has the same meaning as in the
Road Safety Act 1986;
parking area has the meaning it has under
the Road Safety Act 1986 or under any
rules or regulations made under that
Act;
relevant coordinating road authority means
the coordinating road authority for the
road that is a parking area on a
highway, or other parking area, that is
closed to traffic under section 186D;
relevant responsible road authority means a
responsible road authority (within the
meaning of the Road Management
Act 2004) for the road that is a parking
area on a highway, or other parking
area, that is closed to traffic under
section 186D.
195B Removal of stationary vehicles
(1) This section applies if--
(a) a project authority has closed a road to
traffic under section 186D; and
(b) on that road there is--
(i) parked or left standing an
unregistered vehicle; or
(ii) a vehicle unlawfully parked
or left standing in an area
designated under clause 5(1)(b)
of Schedule 4 to the Road
Management Act 2004; or
(iii) a vehicle that, in the opinion of the
project authority, is abandoned; or
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(iv) a vehicle causing an unlawful
obstruction; and
(c) the project authority is of the opinion
that the vehicle is obstructing or
delaying the carrying out of works--
(i) for the purposes of an approved
project; and
(ii) for which the road is closed.
(2) Subject to this section, the project authority
may--
(a) enter the vehicle using, if necessary,
reasonable force, for the purpose of
conveniently or expeditiously moving
it; and
(b) move the vehicle to the nearest
convenient place; and
(c) store the vehicle.
(3) Except in the case of an unregistered vehicle
or abandoned vehicle, before a power under
subsection (2) is exercised in respect of the
vehicle, the project authority must--
(a) make reasonable endeavours to give
the registered operator a notice that
contains the specified matter; and
(b) arrange for the affixing of a copy of the
notice under paragraph (a) on the
vehicle.
(4) In addition, except in the case of an
unregistered vehicle or abandoned vehicle, a
project authority may exercise a power under
subsection (2) in respect of a vehicle only
after--
(a) making the reasonable endeavours
referred to in subsection (3)(a); or
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(b) 48 hours after the affixing of a notice
under subsection (3)(b)--
whichever occurs last.
(5) For the purposes of subsection (3), the
specified matter is--
(a) a description of the basis for the
exercise of a power under subsection
(2) in respect of the vehicle; and
(b) a description of the powers that may be
exercised under subsection (2) in
respect of the vehicle; and
(c) the date on or after which the powers
under subsection (2) will be exercised
in respect of the vehicle if the vehicle is
not moved to a place where it is not
obstructing or delaying the carrying out
of works for which the road is closed.
(6) In this section--
registered operator, of a vehicle, has the
same meaning as in the Road Safety
Act 1986;
vehicle includes anything attached to, within,
or on, the vehicle.
195C Power to move other obstructions
(1) This section applies if--
(a) a project authority has closed a road to
traffic under section 186D; and
(b) on that road there is a thing (other than
a vehicle) that the project authority is of
the opinion is obstructing or delaying
the carrying out of works for which the
road is closed.
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(2) If the thing appears to be abandoned, the
project authority may remove the thing.
(3) In any other case, the project authority may
move the thing to the nearest convenient
place and store the thing if--
(a) the project authority cannot find the
person responsible for, or who is in
control of, the thing despite making
reasonable enquiries; or
(b) the project authority has directed the
person responsible for, or in control of,
the thing to move it and that person has
not complied with the direction.
195D Recovery of costs incurred for moving and
storing vehicles and other obstructions
A project authority may recover in any court
of competent jurisdiction, as a debt due to it,
any reasonable costs it incurs in moving or
storing a vehicle or thing under section 195B
or 195C from the owner of the vehicle or
thing.
195E Secretary may disclose certain
information for the purposes arranging
the moving of vehicles from closed roads
(1) The Secretary or a relevant person may, for
the purpose of enabling a project authority to
give a registered operator of a vehicle a
notice under section 195B, disclose
information about the vehicle registered
under Part 2 of the Road Safety Act 1986
to--
(a) the project authority; or
(b) a person authorised in writing by the
project authority who is employed--
(i) in the Department; or
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(ii) by an Administrative Office Head
in an Administrative Office
established in relation to the
Department; or
(c) if the project authority is the Authority
(within the meaning of the Suburban
Rail Loop Act 2021), a person
authorised in writing by the project
authority who is an employee of the
Authority.
(2) Sections 90N and 90Q(2) and (3) of the
Road Safety Act 1986 apply to a disclosure
of information under subsection (1) as if it
were a disclosure of information authorised
under Part 7B of that Act.
(3) In this section--
Administrative Office has the same
meaning as in the Public
Administration Act 2004;
Administrative Office Head has the
same meaning as in the Public
Administration Act 2004;
relevant person has the same meaning as
it has in section 90I of the Road Safety
Act 1986.".
211 New section 207A inserted
After section 207 of the Major Transport
Projects Facilitation Act 2009 insert--
"207A Effect of a stratum of Crown land
becoming project land
If a stratum of Crown land (the first stratum)
becomes project land, any reservation or
other right, title, trust, limitation, reservation,
restriction, encumbrance, estate or interest--
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(a) that applied both to the first stratum
and to any other stratum of land
immediately before the first stratum
became project land; and
(b) that was revoked, surrendered, divested
or diminished with respect to the first
stratum on the first stratum becoming
project land--
continues to apply to the other strata of land
to which it applied immediately before the
first stratum became project land.".
212 Taxes and duties
After section 256(4) of the Major Transport
Projects Facilitation Act 2009 insert--
"(5) For the purposes of this section--
(a) a reference to an agreement made for
the purposes of an approved project
includes a reference to an agreement
made in relation to an acquisition or
transfer or other disposal of land under
Division 1AA of Part 6; and
(b) a reference to a transfer of land made
for the purposes of an approved project
includes a reference to a transfer of
land under Division 1AA of Part 6.".
213 Limitation on powers of Councils to make local laws
After section 258(1)(a) of the Major Transport
Projects Facilitation Act 2009 insert--
"(ab) the doing of anything referred to in
section 165B; or".
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214 Approval of Councils not required
For section 258A(1) of the Major Transport
Projects Facilitation Act 2009 substitute--
"(1) Despite anything to the contrary in any other
enactment or law (other than the Charter
of Human Rights and Responsibilities
Act 2006), a permit, licence, consent,
approval or other authority (other than a
planning permit) is not required from any
Council for--
(a) the carrying out of works for the
purposes of an approved project by--
(i) the project authority in or outside
the project area; or
(ii) the holder of a licence issued
under section 173 in the project
area; or
(iii) the holder of a lease granted under
section 177 in the project area; or
(b) the doing of anything under section
165B by a project authority or any
person authorised in writing by a
project authority.".
215 New section 264 inserted
After section 263 of the Major Transport
Projects Facilitation Act 2009 insert--
'264 How notices or documents may be given
(1) Subject to this section, a notice or other
document that is required to be given to a
person under this Act may be given to that
person by any of the following methods--
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(a) by delivering it personally to the
person;
(b) by leaving it at the usual or last known
place of business of the person with a
person over the age of 16 years and
apparently residing at that place or
(in the case of a place of business)
apparently in charge of or employed at
that place;
(c) by sending it by post, addressed to the
person at the usual or last known place
of residence or business of that person;
(d) if the person has given an alternative
address--by sending it by post to that
address;
(e) if the person has given an electronic
address as an address for receiving
notices or other documents--by
sending it by electronic communication
to that electronic address.
(2) If a person (the first person) is required
under this Act to give notice to an owner or
occupier of land that relates to that land or to
another person in relation to particular land
and the first person does not know the
location of the owner or occupier or that
other person after making reasonable efforts
to locate the owner or occupier or that other
person, the first person may give notice to
that owner or occupier of the land or that
other person by--
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(a) publishing a copy of the notice, in a
newspaper circulating generally
throughout Victoria; and
(b) affixing the notice in a prominent place
on the land to which it relates; and
(c) including in the notice sufficient
information to identify the owner or
occupier or that other person (either
individually or as part of a group or
class).
(3) If, under this Act, the person required be
given a notice or other document is a
Minister, public authority or committee of
management under the Crown Land
(Reserves) Act 1978, the notice or other
document--
(a) may be given to a person authorised by
that Minister, public authority or
committee to receive the notice or
document on behalf of that Minister,
public authority or committee of
management; or
(b) may be left at the principal office of
that Minister, public authority or
committee.
(4) A notice that is required to be given to an
owner or occupier of land under this Act
may be addressed by the description of "the
owner" or "the occupier" of the land (naming
it) in respect of which the notice is given,
without further name or description.'.
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216 New Part 12 inserted
After Part 11 of the Major Transport Projects
Facilitation Act 2009 insert--
"Part 12--Transitional
provisions--Suburban Rail Loop
Act 2021
271 Entry or temporary occupation under
the Land Acquisition and Compensation
Act 1986
(1) If a project authority, or a person authorised
by a project authority, entered or temporarily
occupied land under section 74 or 75 of the
Land Acquisition and Compensation
Act 1986 as modified by this Act (as in force
immediately before the commencement of
section 151(2) of the Suburban Rail Loop
Act 2021), Part 9 of the Land Acquisition
and Compensation Act 1986, as modified
by this Act (as in force immediately before
that commencement), continues to apply on
and after that commencement in relation to
that entry or occupation.
(2) If a project authority gave notice under
section 74(2) of the Land Acquisition and
Compensation Act 1986 before the
commencement of section 151(2) of the
Suburban Rail Loop Act 2021, the project
authority, or a person authorised by the
project authority, may enter the land to
which the notice relates on or after that
commencement and exercise any powers
under section 74(1) of the Land Acquisition
and Compensation Act 1986 and, for that
purpose Part 9 of the Land Acquisition and
Compensation Act 1986, as modified by
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this Act (as in force immediately before that
commencement), continues to apply.
(3) If a project authority gave notice under
section 75(3) of the Land Acquisition and
Compensation Act 1986 before the
commencement of section 151(2) of the
Suburban Rail Loop Act 2021, the project
authority, or a person authorised by the
project authority, may enter the land to
which the notice relates on or after that
commencement and exercise any powers
under section 75 of the Land Acquisition
and Compensation Act 1986 and, for that
purpose Part 9 of the Land Acquisition and
Compensation Act 1986, as modified by
this Act (as in force immediately before that
commencement), continues to apply.
(4) Sections 120 and 121, as in force
immediately before the commencement of
section 152 of the Suburban Rail Loop
Act 2021, continue to apply on and after that
commencement in relation to any entry or
temporary occupation referred to in
subsection (1), (2) or (3).
(5) Any person with an interest in land that has
been entered or temporarily occupied under
Part 9 of the Land Acquisition and
Compensation Act 1986 as continued by the
operation of subsection (1), (2) or (3) is
entitled to claim compensation under section
47 of that Act and that Act, as modified by
this Act (as in force immediately before the
commencement of section 151(2) of the
Suburban Rail Loop Act 2021), continues
to apply.
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272 Compensation in relation to underground
land
Sections 163 and 164, as in force
immediately before the commencement of
section 187 of the Suburban Rail Loop
Act 2021, continue to apply on and after that
commencement in relation to an Order
published in the Government Gazette under
section 162 before that commencement.
273 Compensation in relation to public land
Section 169, as in force immediately before
the commencement of section 193 of the
Suburban Rail Loop Act 2021, continues to
apply on and after that commencement in
relation to anything done by, or on behalf of,
a project authority under section 167 before
that commencement.
274 Temporary access to Crown land
Section 170, as in force immediately before
the commencement of section 194 of the
Suburban Rail Loop Act 2021, continues to
apply on and after that commencement to the
use of any Crown land for the purposes of an
approved project if that use was authorised
by or under that section before that
commencement and was ongoing
immediately before that commencement.
275 Exercise of powers relating to roads
(1) Anything done by a project authority under
section 186 as in force immediately before
the commencement of section 203 of the
Suburban Rail Loop Act 2021 (other than
the discontinuance or realignment of a road)
is taken on and after that commencement to
have been done under section 186 (as
substituted by section 203 of that Act) or
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section 186D(1)(d) or (e), as the case
requires, and section 186E is taken to be
have been complied with in relation to the
closing of a road under section 186 before
the commencement of section 203.
(2) A road temporarily closed to traffic under
section 190 that is closed immediately before
the commencement of section 206 of the
Suburban Rail Loop Act 2021 is taken on
and after that commencement to be closed
under 186D(1)(d) and section 186E is taken
to be have been complied with in relation to
that closure.
276 Compensation for relocated roads
(1) This section applies if before the
commencement of section 207 of the
Suburban Rail Loop Act 2021 there had
been a relocation of a road that had the effect
of denying access to land and for which
compensation has not been paid under
section 191 before that commencement.
(2) Section 191, as in force immediately before
the commencement of section 207 of the
Suburban Rail Loop Act 2021, continues to
apply on and after that commencement in
relation to that relocation of that road.
277 Compensation for utilities affected by
relocated roads
(1) This section applies if before the
commencement of section 209 of the
Suburban Rail Loop Act 2021 there had
been a relocation of a road that had adversely
affected a utility for which compensation has
not been paid under section 192 before that
commencement.
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(2) Section 192, as in force immediately before
the commencement of section 209 of the
Suburban Rail Loop Act 2021, continues to
apply on and after that commencement in
relation to the relocation of that road.
278 Regulations dealing with transitional
matters
(1) The Governor in Council may make
regulations containing provisions of a
transitional nature, including matters of an
application or savings nature, arising as a
result of the enactment of Part 8 of the
Suburban Rail Loop Act 2021, including
any repeals and amendments made by or as a
result of the enactment of that Act.
(2) Regulations made under this section may--
(a) have a retrospective effect to a day on
or after a date not earlier than the day
on which the Suburban Rail Loop
Act 2021 receives the Royal Assent;
(b) be of limited or general application;
(c) differ according to time, place or
circumstances;
(d) leave any matter or thing to be decided
by a specified person or class of person.
(3) To the extent to which any provision of the
regulations under this section takes effect
from a date that is earlier than the date of its
making, the provision does not operate so
as--
(a) to affect, in a manner prejudicial to
any person (other than the State or an
authority of the State), the rights of that
person existing before the date of its
making; or
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(b) to impose liabilities on any person
(other than the State or an authority of
the State) in respect of anything done
or omitted to be done before the date of
its making.
(4) Regulations under this section have effect
despite anything to the contrary in--
(a) this Act or any other Act (other than the
Suburban Rail Loop Act 2021 or the
Charter of Human Rights and
Responsibilities Act 2006); or
(b) any subordinate instrument.
(5) The following are not required for any
proposed statutory rule that is to be made
under this section--
(a) consultation under section 6 of the
Subordinate Legislation Act 1994;
(b) the preparation of a regulatory impact
statement under section 7 of the
Subordinate Legislation Act 1994.
(6) This section is repealed on the second
anniversary of the day on which it comes
into operation.".
217 Consequential amendments--changes relating to
giving notice and notifying persons
(1) In section 50 of the Major Transport Projects
Facilitation Act 2009--
(a) for "notify, in writing," substitute "give";
(b) after "statement" (where first occurring)
insert "written notice".
(2) In section 52(4) of the Major Transport Projects
Facilitation Act 2009, for "notice in writing"
substitute "written notice".
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(3) In sections 58(1)(b) and 61(3)(b) of the Major
Transport Projects Facilitation Act 2009, after
"give" insert "written".
(4) In section 62(3) of the Major Transport Projects
Facilitation Act 2009--
(a) omit ", notice of the publication of the
revised comprehensive impact statement
must be";
(b) in paragraph (a), before "published" insert
"notice of the publication of the revised
comprehensive impact statement must be";
(c) in paragraph (b)--
(i) before "given" insert "written notice
of the publication of the revised
comprehensive impact statement must
be";
(ii) in subparagraphs (iii) and (iv), for
"a notice" substitute "a copy of a
notice".
(5) In section 63 of the Major Transport Projects
Facilitation Act 2009--
(a) for "notify" substitute "give";
(b) after "statement" (where secondly occurring)
insert "written notice".
(6) In section 66(1)(b) of the Major Transport
Projects Facilitation Act 2009, after "give"
insert "written".
(7) In section 75(b) of the Major Transport Projects
Facilitation Act 2009, for "notify, in writing,"
substitute "give written notice to".
(8) In section 108(1) of the Major Transport
Projects Facilitation Act 2009--
(a) for "notify, in writing," substitute "give";
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(b) after "contractor" (where secondly
occurring) insert "written notice".
(9) In section 110(1) of the Major Transport
Projects Facilitation Act 2009--
(a) for "notify, in writing," substitute "give";
(b) after "Project Minister" insert "written
notice".
(10) In section 143 of the Major Transport Projects
Facilitation Act 2009--
(a) for "notify" substitute "give";
(b) after "Crown Land (Reserves) Act 1978"
insert "written notice".
(11) In sections 153 and 154(1) and (5) of the Major
Transport Projects Facilitation Act 2009, for
"7 days' notice in writing" substitute "7 days'
written notice".
(12) In sections 218(1) and (2), 219(2)(b), 220(3)(b)
and 224(1)(b) of the Major Transport Projects
Facilitation Act 2009, for "notify, in writing,"
substitute "give written notice to".
(13) In section 234(2) and (3) of the Major Transport
Projects Facilitation Act 2009, for "notify"
substitute "give written notice to".
(14) In section 241(4)(b) of the Major Transport
Projects Facilitation Act 2009, after "given"
insert "written".
218 Repeal of this Part
This Part is repealed on 1 September 2023.
Note
The repeal of this Part 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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219 Amendment of other Acts
On the coming into operation of an item in
Schedule 1, the Act specified in the heading to
that item is amended as set out in that item.
220 Repeal of this Part and Schedule 1
This Part and Schedule 1 are repealed on
1 September 2023.
Note
The repeal of this Part and Schedule 1 does not affect the
continuing operation of the amendments made by them (see
section 15(1) of the Interpretation of Legislation Act 1984).
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Section 219
1 Borrowing and Investment Powers Act 1987
1.1 In the table in Schedule 1, after item 16 insert--
"16A. Suburban Rail 5, 9, 10, 11, 11AA, 11AB,
Loop 12, 13, 14, 14A, 15, 20, 20A,
Authority 21 and 22".
2 Catchment and Land Protection Act 1994
2.1 For section 12AA(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by a Catchment Management
Authority in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
2.2 For section 12A(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the Port Phillip and Westernport
Catchment Management Authority in
relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
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3 Crown Land (Reserves) Act 1978
3.1 For section 18C(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the Secretary or Parks Victoria in
relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
3.2 For section 18D(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the Secretary or Parks Victoria in
relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
3.3 For section 21AB(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by a committee of management or
trustees in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
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3.4 For section 21AC(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by a committee of management or
trustees in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
4 Duties Act 2000
4.1 In section 47A--
(a) for subsection (1)(b) substitute--
"(b) the Secretary to the Department of
Transport; or
(c) the Suburban Rail Loop Authority.";
(b) in subsection (2)--
(i) insert the following definition--
"Suburban Rail Loop Authority means
the Authority within the meaning
of section 3 of the Suburban Rail
Loop Act 2021;";
(ii) the definition of Transport
Infrastructure Development Agent is
repealed.
5 Filming Approval Act 2014
5.1 In section 3, after paragraph (q) of the definition
of filming approval legislation insert--
"(qa) the Suburban Rail Loop Act 2021; and".
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6 Forests Act 1958
6.1 For section 18B(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the land manager in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
6.2 For section 18C(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise
of a power by the land manager or the
committee of management in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
7 Local Government Act 2020
7.1 For section 6(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by a Council in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
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7.2 For section 7(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise
of a power by a Council in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
8 National Parks Act 1975
8.1 For section 20A(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the Secretary or Parks Victoria in
relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
8.2 For section 20B(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the Secretary or Parks Victoria in
relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
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9 Parks Victoria Act 2018
9.1 For section 10(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by Parks Victoria in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
10 Public Administration Act 2004
10.1 After section 16(1)(baa) insert--
"(baab) the chairperson within the meaning of the
Suburban Rail Loop Act 2021 in relation
to the Suburban Rail Loop Authority;".
11 Transport Integration Act 2010
11.1 In section 3--
(a) insert the following definition--
"Suburban Rail Loop Authority means
the Suburban Rail Loop Authority
established by section 8 of the
Suburban Rail Loop Act 2021;";
(b) in the definition of interface body, after
paragraph (g) insert--
"(ga) in respect of the Suburban Rail Loop
Act 2021, the Suburban Rail Loop
Authority when it is exercising its
functions and powers in respect of
planning and precinct development;";
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(c) in the definition of interface legislation,
after paragraph (l) insert--
"(la) Suburban Rail Loop Act 2021;";
(d) in the definition of transport body, after
paragraph (rb) insert--
"(rc) the Suburban Rail Loop Authority
when it is exercising its functions and
powers under any transport legislation
in respect of transport planning or
transport infrastructure development or
operations;";
(e) in the definition of transport legislation,
after paragraph (o) insert--
"(oa) Suburban Rail Loop Act 2021;".
11.2 For section 64JA(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the Head, Transport for Victoria
in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
11.3 For section 64JB(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the Head, Transport for Victoria
in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
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Schedule 1--Amendment of other Acts
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
11.4 In section 125(1)(c) and (d), after "Corporation"
insert "or the Suburban Rail Loop Authority or a
project authority within meaning of the Major
Transport Projects Facilitation Act 2009".
11.5 For section 127(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by Victorian Rail Track in relation
to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
11.6 For section 127A(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by Victorian Rail Track in relation
to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
12 Treasury Corporation of Victoria Act 1992
12.1 In section 36A, in the definition of public
authority, after "Channels Authority," insert
"the Suburban Rail Loop Authority,".
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Schedule 1--Amendment of other Acts
12.2 At the end of the table in Schedule 1 insert--
"Suburban Rail Loop Suburban Rail Loop Act 2021".
Authority
13 Victorian Planning Authority Act 2017
13.1 For section 10A(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the Authority in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
13.2 For section 10B(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the Authority in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
14 Water Act 1989
14.1 For section 124A(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the Port Phillip and Westernport
Catchment Management Authority in
relation to--
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Schedule 1--Amendment of other Acts
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
14.2 For section 124B(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by a Catchment Management
Authority in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
14.3 For section 171I(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by Melbourne Water Corporation in
relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
14.4 For section 171J(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by a water corporation in relation
to--
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Schedule 1--Amendment of other Acts
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
15 Wildlife Act 1975
15.1 For section 14A(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the land manager in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
15.2 For section 14B(2) substitute--
"(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the land manager or the
committee of management in relation to--
(a) a declared project within the meaning
of the Major Transport Projects
Facilitation Act 2009; or
(b) a Suburban Rail Loop project within
the meaning of the Suburban Rail
Loop Act 2021.".
═════════════
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to establish
the Suburban Rail Loop Authority and confer on the Authority
appropriate functions and powers for the Authority to plan and deliver the
Suburban Rail Loop and development associated with the Suburban Rail
Loop and to enable the Authority to operate, or manage the operation of,
the Suburban Rail Loop, or to manage development associated with the
Suburban Rail Loop and for other purposes."
By Authority. Government Printer for the State of Victoria.
204
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