Victorian Numbered Acts

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

No. 56 of 2009

__________________

Victoria

Major Transport Projects Facilitation Act 2009^[†]

No. 56 of 2009

[Assented to 29 September 2009]

^[†]     Minister's second reading speech—

    Legislative Assembly: 13 August 2009

    Legislative Council: 3 September 2009

    The long title for the Bill for this Act was "A Bill for an Act to facilitate the development of major transport projects and for other purposes."

        Constitution Act 1975:

    Section 85(5) statement:

    Legislative Assembly: 13 August 2009

    Legislative Council: 3 September 2009

    Absolute majorities:

    Legislative Assembly: 3 September 2009

    Legislative Council: 17 September 2009

INDEX

Subject	Section
Aboriginal Heritage Act 2006	75, 264, Sch. 2
Act
amendment of Aboriginal Heritage Act 2006	264, Sch. 2
application of Crown Land (Reserves) Act 1978	8
commencement	2
Crown bound by	9
purpose	1
Appeals	263
Applicable approvals (def.)	3, Sch. 1
Applicable laws
definition	3, Sch. 1
discretionary applicable law criteria (def.)	3
mandatory applicable law criteria (def.)	3
Application fees (def.)	4
Approval decisions
amendment to planning schemes	78, 85, 86
application for variation	89–91
application of
Division 7 Part 3	76
Part 3 to variation	91
consultation required in impact management plan cases	79
contents	80
continuation of approved project while variation sought	92
correction of mistakes	93
definition	3
effect of	84
effective from	82
given to specified persons	82
making by Planning Minister	77
modification of
Flora and Fauna Guarantee Act 1988	87
Heritage Act 1995	88
Planning and Environment Act 1987	85
publication	82
publication of assessment committee's recommendation	83
review	261, 262
time for making	81
Approved projects
application of Building Act 1993	255
appointment of project authority	6
continuation while variation sought	92
definition	3
impact (def.)	3
no taxes, duties payable	256
Subject	Section
notification of completion	110, 111
notification of proposed works	211
specification of project powers	100
variation of project areas	96
See also Leases; Licences; headings beginning with Project
Assessment committees
chairperson	240, 241
consultation	241
disclosure of interests	242
establishment	235
functions	236
hearings
adjournment	249
appearance before	246
directions regarding	243
failure to attend	247
general procedure	245
relevant matters	251
submissions may be heard together	248
technical defects	250
to be held in public	244
membership	237
offences against	252
payment of costs	253
procedure	240
resignation	239
terms of appointment	238
See also Comprehensive impact statements
Authorised officers
appointment	197
hindrance, obstruction of	205
identification	198
powers regarding restricted access areas	201, 202, 204
Building Act 1993	255
Compensation
adjoining land as	124, 148
only payable in accordance with Division 4 Part 6	149
payable for
abridgement of occupation of project land	155
compulsory acquisition of native title rights and interests	132
denial of access by discontinuance of roads	191, 192
surrender, divesting, revocation of reservations	145, 146
works on public land	169
rent as for entry, temporary occupation of land	120
transfer of building, structure as	123, 147
underground land
for denial of access following declaration of	165
held by private person	163
surrendered, divested from public authorities, Councils	164
Subject	Section
Comprehensive impact statements
advice of applicable law decision makers	65
amendment of scoping directions	34
application of Subdivision 4 Division 5 Part 3	44
availability to public	49
confidential information in submissions	53, 56
consultation regarding submissions	56
content	39
copies given to applicable law decision makers	51
correspondence to be given to Planning Minister	56
directions to project proponent	57, 58
establishment of assessment committees to assess	35–37
formal public hearings	66–68
impact assessment guidelines to be considered	40
notification of applicable law decision makers	50
preliminary hearings	57, 58
preparation of revisions	60
project proponent to comply with Division 5 of Part 3	38
public exhibition	44–48, 50
public exhibition period (def.)	3
public submissions	52–56
publication of submissions	53
recommendation for supplementary assessment	69–72
recommendation of assessment committee	73, 74
report of issues to project proponents	59
review of submissions by assessment committee	54
review determination by Planning Minister	42
revision of final statement	61–64, 72
revision of draft statement	43
scoping directions prepared by Planning Minister	30–34
submission to Planning Minister	41
Councils
compensation payable to	146–148, 164
definition	3
limitation on power to make local laws	258
surrender, divesting of land in project areas	134–136
Crown land
definition	3
disposal of surplus land	181, 182
effect of reservation of stratum	150
interest acquired by project authority vests in Crown	114, 115
grant of leases on project land	177–179
licences	173
Orders for revocation of reservations	139–142
removal of reservation of surplus land	182
reservation of surplus land	183
surrender of interests in unreserved land	135
use for purposes of approved project	170
See also Land; Land - Acquisition
Subject	Section
Crown Land (Reserves) Act 1978
application to Act	8
exercise of powers under by Project Minister	168
not applicable to removal of reservations	138
project authority as committee of management under	166
Cultural and Recreational Lands Act 1963	207
Cultural heritage management plans	3, 75
Declared projects
declaration by Premier	10–12
definition	3
determination of impact assessment process	20, 21
development (def.)	3
impact management plan determination (def.)	3
impact management plans
content	27
direction for consultation regarding	25
impact assessment guidelines	17, 28, 40
project proponents to comply with Division 4 Part 3	26
request for further information by Planning Minister	23
scoping directions	22, 24
submission to Planning Minister	29
project proponents
appointment of public authority as	15
definition	3
further information for alternative option	70–72
giving, notification of cultural heritage management plans	75
payment of assessment committee's costs	253
project declaration guidelines	13
project proposal guidelines	16
project proposals	5, 19
transport project (def.)	3
See also Approval decisions; Comprehensive impact statements; Project areas
Definitions	3, 4, 5, 49, 99, 208, 209, 210, 229, 258, 263
Director of Public Transport	3, 104
Duties Act 2000	256
Easements See Land – Acquisition
Environment Protection Act 1970	84
Environment Protection Authority	3, 64, 74, 84
Flora and Fauna Guarantee Act 1988	87, Sch. 1
Heritage Act 1995	88, Sch. 1
Impact management plans See Declared projects
Interpretation of Legislation Act 1984	107
Subject	Section
Land
determination of compensation	145
notification of reservations	143
Orders continuing, declaring roads	144
removal of reservations
amendment, revocation of temporary reservation	142
effect of revocation	141
Land Acts not to apply	138
Order for revocation of entire reservation	139, 141
Order for revocation of part of reservation	140, 141
surrender, divesting by public authorities, Councils
amendment, revocation of temporary reservations	137
effect of	136
Orders for	134, 135
surplus land	184, 185
Land – Acquisition
application of Transfer of Land Act 1958	259
by agreement, compulsory	112
condition report for occupied land	121
Cultural and Recreational Lands Act 1963 does not apply	207
easements	116, 117, 171
effect on utilities	117
interest in land vests in Crown	114
land to be reserved for approved project	115
notice of acquisition (def.)	3
purchase of land outside project area	133
underground land	162
See also Compensation; Crown land
Land Acquisition and Compensation Act 1986
application to Act	113
application to determination of compensation for
denial of road access	191
native title rights, interests	127, 128
surrendered, divested, reserved land	145, 146
underground land	162
interest in land vests in Crown under	114
modification in relation to entry, temporary occupation of land	119, 120
modification of – general	118
modification of regulations under	122
Land Act 1958	181
Leases
application of Subdivision 2 Division 7 Part 6	176
conditions	179
grant	177
land not rateable	257
land tax not payable	256
registration	259
surplus land	185
term	178
Subject	Section
Liability	260
Licences
application of Subdivision 2 Division 7 Part 6	172
conditions	175
issue by project authorities	173
land not rateable	257
land tax not payable	256
surplus land	185
term	174
Local Government Act 1989	257, 258
Native title rights and interests
acquired right, interest vests in Crown	128
application of Division 2 Part 6	125
application of Land Acquisition and Compensation Act 1986	127, 128
compensation for compulsory acquisition	132
compulsory acquisition by project authority	127
determination of VCAT on objection	129, 131
Order for compulsory acquisition	126
procedure for acquisition by project authority	129
referral of objections to VCAT	130
Non-transport infrastructure (def.)	3
Occupiers	152, 154–157, 159
Offences
entering restricted access areas	203
fail to produce certificate of authorisation	204
hindrance, obstruction of authorised officers	205
regarding assessment committees	252
Orders
administration, enforcement of Building Act 1993	253
approval of consolidated plans for project areas	97
continuation, declaration of roads	144
declaration of underground land	162
designation of project areas	95
for compulsory acquisition of native title rights, interests	126
reservation of surplus Crown land	182, 183
revocation of reservation, grant of Crown land	139, 140, 182
revocation of road declaration	194
specification of project powers	100
surrender, divesting of land in project area	134, 135
variation to project area	96
vesting, divesting of land for road management	186, 189
Owners	120, 121
Planning and Environment Act 1989	85, 98, 184
Planning Minister
definition	3
powers, duties regarding
determination of appropriate impact assessment process	20, 21
impact assessment guidelines	17
impact management plans	22–25
Subject	Section
modification of application of Flora and Fauna Guarantee Act 1988	87
modification of application of Heritage Act 1995	88
modification of application of Planning and Environment Act 1987	85
project areas	95–98
project proposal guidelines	16
publication fee guidelines	18
reports to Premier regarding non-compliance with time limits	94
See also Approval decisions; Assessment committees; Comprehensive impact statements
Planning schemes	78, 85, 86, 98
Police	201, 202, 204
Ports (def.)	3
Premier
powers regarding
appointment of Project Minister	14
assessment of transport projects	12
consultation with Planning Minister	11
declaration of transport projects	10
guidelines for assessment of transport projects	13
request for report regarding time limits	94
Project areas
amendment of provisions of planning schemes	98
approval of consolidated plans	97
compulsory acquisition of native title rights, interests in	127, 128
declaration of roads within	193
definition	3
designation	95
land taken to be reserved	118
Local Government Act 1989 does not apply to land in	257
revocation of reservation of Crown land within	139, 140
road management by project authorities	186
surrender, divesting of land in	134, 135
variations	96
Project authorities
acquisition of land by agreement, compulsory process	112, 115, 117
additional project powers, specified project powers	99, 100
authorised officers – identity cards	198
authorised use of Crown land	170
carry out, authorise works on public land	167, 168
compulsory acquisition of native title rights, interests	127, 129, 130
condition report for occupied land	121
definition	3
delegation of project functions	103, 104
delegation of road functions to project contractor	105
effect of notification of completion	111
Subject	Section
exclusion of proportionate liability	260
functions, powers	101, 102
notification of completion of approved project	110, 111
notification of Minister of reservation	143
payment of rent for occupation of land	120
purchase of land outside project area	133
recovery of rent payable	158
restricted access areas	196, 199–201, 206
road functions (def.)	3
road management	186, 187, 189–192
service of notice, documents	161
subject to direction, control of Project Minister	109
surplus land – use, disposition	184, 185
temporary occupation of land	119, 120
variation of project areas	96
works on easements	171
See also Approval decisions; Compensation; Project land; Utilities
Project contractors
delegation of road functions to	105
designation by Project Minister	7
exclusion of proportionate liability	260
notification of intention to perform road functions	108
sub-delegation of road functions by	106, 107
Project land
agreement with occupier on terms for possession	152
continuation, declaration of roads on	144
declaration of underground land	162
definition	3
determination of surplus land	180
lease of	177
licence to enter	173
occupation of	156, 157
power to enter into possession of	151
project authority is committee of management	166
reservation date (def.)	3
Residential Tenancies Act 1997 does not apply to	160
time for entry into possession	153–155
warrants for refusal to give up possession	159
Project Minister
appointment by Premier	14
definition	3
powers, duties regarding
appointment of authorised officers	197
appointment of project authority for approved projects	6
appointment of project proponent	15
compulsory acquisition of native title rights, interests in land	126
consent to sub-delegation by project contractors	106, 107
Crown land	135, 139, 140, 182, 183
Subject	Section
declaration of roads within project areas	193, 194
designation of project contractors	7
experts for dispute resolution	219–220, 229
grant of leases	177
model utility agreement guidelines	231
powers under Crown Land (Reserves) Act 1978 for works on public land	168
publication of notice of completion of approved project	110
specification of project powers	100
surplus land	180–183
surrender, divesting of land of public authorities, Councils	134, 135
underground land	162
Project proponents See Declared projects
Public authorities
appointment as project proponents	15
compensation for land divested, surrendered by	164
definition	3
surrender, divesting of land in project areas	134, 135
Public land	3, 164, 167–169
Rates and charges	257
Registrar of Titles	259
Regulations	266
Residential Tenancies Act 1997	160
Restricted access areas
appointment of authorised officers	197
authorisation of persons to enter	199
certificate as evidence of	206
direction not to enter	202
establishment by project authorities	196
offences	203, 204
warnings to leave	200, 201
Review	261–263
Road management
advice to relevant coordinating road authority	187
continuation, declaration of roads	144
declaration of roads in project areas	193–195
delegation of road functions	105–107
exercise of powers by coordinating road authority	188
notification of decision regarding roads	189
notification of performance of road functions	108
project authorities' powers	186
temporary closure of roads	190
See also Compensation
Secretary
definition	3
delegation of powers	254
notification of formal public hearings	66
publication of
additional information	70
comprehensive impact statements	49
revised comprehensive impact statements	62
Subject	Section
Supreme Court
appeals regarding determination of experts	230
limitation of jurisdiction	265
review of approval decisions	261, 262
Taxes, duties	256
Transfer of Land Act 1958	259
Transport infrastructure (def.)	3
Transport projects See Declared projects
Underground land	162–165
Utilities
definitions	3, 208
dispute resolution procedure
appointment of expert	217–220
commencement of process by expert	223
determination of expert	226
determination of procedure	224
experts may engage legal, other assistance	228
immunity of experts	222
notification of dispute	216
liability for experts' costs	229
payment of fees, costs incurred by experts	221
submission by parties	225
effect of acquisition of land on	117
liability for costs of project authorities	234
model utility agreement guidelines	226, 231
notification of proposed works	211, 212
unnotified utility infrastructure	209, 211, 232–234
utility agreements	210, 213–215, 227
utility infrastructure (def.)	3
Utility Minister (def.)	208
See also Compensation
Valuer General	120, 121
Victorian Civil and Administrative Tribunal Act 1998	129–131
Works approvals	3, 64, 74
Wrongs Act 1958	260