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


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

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

   PART 2--MAJOR TRANSPORT PROJECT DECLARATIONS

   10.     Declaration of a transport project  
   11.     Premier must consult with the Planning Minister before making recommendation  
   12.     Assessment of transport project before recommendation  
   13.     Project declaration guidelines  
   14.     Premier must appoint Minister to be the Project Minister for a declared project  
   15.     Project Minister must appoint project proponent  

   PART 3--ASSESSMENT AND APPROVAL OF MAJOR TRANSPORT PROJECTS

           Division 1--Guidelines for this Part

   16.     Project proposal guidelines  
   17.     Impact assessment guidelines  
   18.     Publication fee guidelines  

           Division 2--Project proposals

   19.     Preparation of project proposal  

           Division 3--Determination of appropriate impact assessment process

   20.     Planning Minister must make determination as to appropriate impact assessment  
   21.     Effect of determination  

           Division 4--Impact management plans

              Subdivision 1--Scoping
              directions

   22.     Specification of matters to be considered and addressed in impact management plan  
   23.     Planning Minister may request further information in exceptional circumstances  
   24.     Determining 25 business day period for the preparation of scoping directions  
           Subdivision
           2--Preparation of impact management plan
   25.     Project proponent must consult with specified persons as directed by Planning Minister  
   26.     Project proponent must comply with this Division  
   27.     Content of impact management plans  
   28.     Impact assessment guidelines must be had regard to when preparing impact management plan  
   29.     Completed impact management plan to be given to Planning Minister  

           Division 5--Comprehensive impact statements

              Subdivision 1--Scoping
              directions

   30.     Specification of matters to be considered and addressed in comprehensive impact statements  
   31.     Planning Minister may request further information or public comment and submissions in exceptional circumstances  
   32.     Determining the 25 business day period for scoping directions after notice for further information  
   33.     Extension of period of time for preparation of scoping directions because of public consultation  
   34.     Amendment of scoping directions  
           Subdivision
           2--Assessment committees
   35.     Establishment of assessment committee  
   36.     Content of terms of reference for assessment committee  
   37.     Publication of assessment committee terms of reference  
           Subdivision
           3--Preparation of comprehensive impact statements
   38.     Project proponent must comply with this Division  
   39.     Content of comprehensive impact statements  
   40.     Impact assessment guidelines must be had regard to when preparing comprehensive impact statement  
   41.     Submission of comprehensive impact statement to Planning Minister  
   42.     Consideration of comprehensive impact statement by Planning Minister  
   43.     Revisions to draft comprehensive impact statements  

              Subdivision 4--Public
              exhibition of comprehensive impact statements

   44.     Application  
   45.     Time period for public exhibition  
   46.     Public exhibition of comprehensive impact statement  
   47.     Notification of public exhibition of comprehensive impact statement  
   48.     Content of public notice of comprehensive impact statement  
   49.     Public availability of comprehensive impact statement  
   50.     Notification of applicable law decision makers of public exhibition of comprehensive impact statement  
   51.     Comprehensive impact statements to be given to agencies and applicable law decision makers  
   52.     Public submissions on comprehensive impact statements  
   53.     Assessment committee must disclose properly made submissions unless they are confidential  
   54.     Review of submissions by assessment committee  
   55.     Public submissions on comprehensive impact statements to be given to project proponent  
   56.     Consultation with persons who have made submissions to clarify matters in submissions  
   57.     Preliminary hearings  
   58.     Notification of preliminary hearings  
   59.     Comprehensive impact statement issues report  
   60.     Project proponent must prepare a schedule of possible revisions that address issues in report  
           Subdivision
           5--Refinement of comprehensive impact statements and options for declared
           project
   61.     Project proponent must revise comprehensive impact statement  
   62.     Publication and submission of revised comprehensive impact statement  
   63.     Assessment committee to be notified of publication  

              Subdivision 6--Other
              requirements before formal public hearings

   64.     Revised comprehensive impact statement and works approvals  
   65.     Advice of applicable law decision makers in relation to application of applicable law criteria  

              Subdivision 7--Formal
              public hearings

   66.     Notification of formal public hearing to be conducted  
   67.     Direction to project proponent to publish formal public hearing time and place on Internet  
   68.     Conduct of formal public hearing by assessment committee  
           Subdivision
           8--Supplementary comprehensive impact statement assessments
   69.     Consideration of further assessments arising out of a formal public hearing or submissions  
   70.     Assessment committee may request further information from project proponent  
   71.     Planning Minister may direct project proponent to undertake a supplementary assessment  
   72.     Supplementary assessments of further options  
           Subdivision
           9--Assessment committee recommendations in relation to comprehensive impact
           statements
   73.     Assessment committee recommendations  
   74.     Specific applicable approval—Environment protection works approvals  

           Division 6--Interaction with the Aboriginal Heritage Act 2006

   75.     Giving and notification of cultural heritage management plans  

           Division 7--Approval decisions
           Subdivision

           1--Application
   76.     Application of Division  
   77.     Approval decisions  
   78.     Approval decisions for planning scheme amendments  
   79.     Consultation required in impact management plan cases  
   80.     Contents of approval decisions  
   81.     Time within which approval decision must be made  
   82.     Giving and publication of approval decision  
   83.     Publication of assessment committee recommendation  
   84.     Effect of approval decision granting the applicable approvals for a declared project  

              Subdivision 3--Planning
              scheme amendments

   85.     Modification of application of the Planning and Environment Act 1987  
   86.     Amendments to provisions of planning schemes must not require planning permit for works  

              Subdivision 4--Other
              applicable law exclusions and modifications

   87.     Modification of the application of the Flora and Fauna Guarantee Act 1988  
   88.     Modification of the application of the Heritage Act 1995  

           Division 8--Approval decision variations

   89.     Applications for variations  
   90.     Planning Minister to make determination on application  
   91.     Application of Part to variation sought by project authority  
   92.     Development of approved project may continue in some cases while a variation sought  

           Division 9--Other matters

   93.     Correction of mistakes  
   94.     Reports to the Premier in relation to compliance with time limits under this Part  

   PART 4--THE PROJECT AREA

   95.     Designation of project area  
   96.     Variations to project area  
   97.     Consolidated plans for project area  
   98.     Planning scheme amendment powers of Planning Minister in relation to variations to project area  

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

           Division 1--Interpretation

   99.     Definitions  
   100.    Specification of project powers  

           Division 2--Functions and powers of a project authority

   101.    A project authority's functions  
   102.    A project authority's powers  
   103.    Delegation—to staff and members  
   104.    Delegation—when the Director of Public Transport is the project authority  
   105.    Delegation—to the project contractor  
   106.    Sub-delegations by project contractor  
   107.    Application of Interpretation of Legislation Act 1984 to sub-delegations by project contractor  
   108.    Project contractor to notify project authority before performing a road function  
   109.    Project authority subject to Project Minister direction or control  

           Division 3--End of declared project

   110.    Notification of completion of approved project  
   111.    Effect of notification of completion of an approved project  

   PART 6--PROJECT DELIVERY

           Division 1--Acquisition of land in the project area

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

           Division 2--Acquisition of native title rights and interests

   125.    Application of Division  
   126.    Project Minister may order compulsory acquisition  
   127.    Compulsory acquisition of native title rights and interests  
   128.    Acquired right or interest to vest in Crown  
   129.    Procedure for acquisition  
   130.    Referral of objections to VCAT  
   131.    Determination of VCAT on objection  
   132.    Disputed claims for compensation—native title land  

           Division 3--Acquisition of land outside the project area

   133.    Power of project authority to purchase land  

           Division 4--Provision of public land and Council land

              Subdivision 1--Surrender
              or divesting of public land and Council land

   134.    Surrender or divesting of land of public authorities and Councils  
   135.    Surrender of interests in unreserved Crown land  
   136.    Effect of surrender or divesting  
   137.    Temporary reservation may be amended or revoked  

              Subdivision 2--Removal
              of reservations on land

   138.    Land Acts not to apply  
   139.    Revocation of reservations—entire reservation  
   140.    Revocation of reservations—part of reservation  
   141.    Effect of revocation of reservation  
   142.    Temporary reservation may be amended or revoked  
           Subdivision
           3--Notification of reservations
   143.    Minister to be notified of reservation  
           Subdivision
           4--Declaration of roads
   144.    Orders may continue or declare roads  
   145.    Compensation—surrender, divesting or revocation of reservation  
   146.    Compensation for Councils in certain circumstances  
   147.    Transfer of building or structure as compensation  
   148.    Adjoining land may be provided as compensation  

              Subdivision 6--Other
              matters

   149.    No other compensation payable  
   150.    Effect of reservation of a stratum of Crown land  

           Division 5--Entry into possession of certain project land

   151.    Power to enter into possession  
   152.    Project authority must try to obtain agreement  
   153.    Time for entry into possession—general  
   154.    Time for entry into possession—residence or business  
   155.    Early entry of place of residence or business  
   156.    Occupation may be extended by agreement  
   157.    Continued occupation without agreement  
   158.    Recovery of rent  
   159.    Proceedings where refusal to give up possession  
   160.    Residential Tenancies Act 1997 not to apply  
   161.    Giving of notices and documents  

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

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

           Division 7--Management of land for project

              Subdivision 1--General
              powers of project authority

   166.    Project authority appointed committee of management  
   167.    Project authority may carry out or authorise works on public land  
   168.    Application of Crown Land (Reserves) Act 1978  
   169.    Project authority liable to pay compensation  
   170.    Temporary access to Crown land  
   171.    Powers in relation to easements  
           Subdivision
           2--Licences
   172.    Application  
   173.    Project authority may issue licence for purposes of approved project  
   174.    Term of licence  
   175.    Conditions of licence  
           Subdivision
           3--Leases
   176.    Application  
   177.    Leasing powers  
   178.    Term of lease over project land that is Crown land  
   179.    Conditions of lease  

              Subdivision 4--Other
              land powers

   180.    Surplus land  
   181.    Disposition of surplus land—Crown  
   182.    Removal of reservation of Crown land that is surplus land for sale  
   183.    Reservation of surplus land—Crown  
   184.    Project authority may enter into agreements for surplus land  
   185.    Disposition of surplus land—fee simple land  

           Division 8--Road management

              Subdivision 1--Powers in
              relation to roads

   186.    Powers relating to roads  
   187.    Project authority to advise coordinating road authority before exercising power  
   188.    Exercise of powers by coordinating road authority  
   189.    Effect of decision about road  
   190.    Temporary closure of roads to traffic  
   191.    Compensation for denial of access  
   192.    Compensation for affected utilities  

              Subdivision 2--Road
              declaration powers

   193.    Declaration of roads  
   194.    Power to revoke declaration  
   195.    Road authority may not declare roads in project area if not the project authority  

           Division 9--Restricted access areas

   196.    Restricted access areas  
   197.    Appointment of authorised officers  
   198.    Identification of authorised officers  
   199.    Project authority may authorise persons to be in restricted access areas  
   200.    Project authority may warn people to leave restricted access area  
   201.    Warning people to leave restricted access area  
   202.    Direction not to enter restricted access area  
   203.    Offence to enter any part of restricted access area  
   204.    Offence not to produce certificate on demand  
   205.    Offence to hinder or obstruct authorised officer  
   206.    Evidence as to area being marked off  

           Division 10--Other matters

   207.    Cultural and Recreational Lands Act 1963  

   PART 7--INTERFACE WITH UTILITIES

           Division 1--Interpretation

   208.    Definitions  
   209.    Meaning of unnotified utility infrastructure  
   210.    Meaning of utility agreement  

           Division 2--Utility infrastructure notification and identification

   211.    Notification of proposed works for the development of the approved project  
   212.    Utility must comply with notice  

           Division 3--Negotiation of utility agreements

   213.    Negotiation trigger notice  
   214.    Reasonable endeavours must be used to negotiate utility agreement during negotiation period  
   215.    Ministers to be notified if no agreement is reached  

           Division 4--Dispute resolution if there is no agreement

   216.    Project authority or utility can commence dispute resolution procedure after end of negotiation period  
   217.    Parties must use reasonable endeavours to agree to expert for the purposes of dispute  
   218.    Notification of Project Minister  
   219.    Project Minister must appoint expert agreed to by parties  
   220.    Project Minister must choose expert where there is no agreement by the parties as to the expert  
   221.    Fees of, and costs incurred by, expert  
   222.    Immunity for expert  
   223.    Expert to commence dispute resolution within 5 business days after appointment  
   224.    Determination of procedure by expert  
   225.    Parties may make submissions  
   226.    Determination of expert resolving dispute  
   227.    Termination of approved utility agreement  
   228.    Expert may engage legal and other assistance  
   229.    Parties are liable to Project Minister for expert's costs paid by the Minister  
   230.    Appeal to Supreme Court from a determination of expert  
   231.    Model utility agreement guidelines  

           Division 5--Unnotified utility infrastructure

   232.    Notification in relation to unnotified utility infrastructure  
   233.    Removal, relocation or protection of unnotified utility infrastructure  
   234.    Damage to unnotified utility infrastructure  

   PART 8--ASSESSMENT COMMITTEES

           Division 1--Establishment of assessment committees

   235.    Establishment of assessment committees  
   236.    Function of assessment committees  
   237.    Membership of committees  
   238.    Terms of appointment  
   239.    Resignation  
   240.    Procedure at committee meetings  
   241.    Consultation  
   242.    Disclosure of interests  

           Division 2--Hearings

   243.    Directions about hearings  
   244.    Hearings to be in public  
   245.    General procedure for hearings  
   246.    Who may appear before an assessment committee?  
   247.    Effect of failure to attend hearing  
   248.    Committee may hear two or more submissions together  
   249.    Adjournment of hearings  
   250.    Technical defects  
   251.    Committee may take into account any relevant matter  
   252.    Offences  
   253.    Project proponent to pay assessment committee's costs  

   PART 9--GENERAL

   254.    Secretary may delegate powers to employees  
   255.    Enforcement of Building Act 1993  
   256.    Taxes and duties  
   257.    Rates and charges  
   258.    Limitation on powers of Councils to make local laws  
   259.    Action by Registrar of Titles  
   260.    Exclusion of proportionate liability under Wrongs Act 1958  
   261.    Time limit for proceedings for reviews of approval decisions  
   262.    Reviews of approval decisions  
   263.    No appeal or review of decisions under Parts 1, 2, 3 or 4 (except approval decisions)  
   264.    Schedule 2—related and consequential amendments to other Acts  
   265.    Supreme Court—limitation of jurisdiction  
   266.    Regulations  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES


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