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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 1986—regulations
123. Transfer of building or structure as compensation
124. Adjoining land may be provided as compensation
Division 2--Acquisition of native title rights and interests
125. Application of Division
126. Project Minister may order compulsory acquisition
127. Compulsory acquisition of native title rights and interests
128. Acquired right or interest to vest in Crown
129. Procedure for acquisition
130. Referral of objections to VCAT
131. Determination of VCAT on objection
132. Disputed claims for compensation—native title land
Division 3--Acquisition of land outside the project area
133. Power of project authority to purchase land
Division 4--Provision of public land and Council land
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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