Victorian Numbered Acts

MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009 (NO. 56 OF 2009) - SECT 210

    (1)     For the purposes of this Part, a utility agreement is an agreement governing the rights and obligations of a project authority and a utility in relation to—

        (a)     the location of utility infrastructure owned, operated or controlled by the utility within a project area; or

        (b)     works for the development of the approved project that affects or may affect utility infrastructure owned, operated or controlled by the utility located within a project area—

as amended from time to time.

    (2)     Without limiting the matters that a utility agreement may provide for, a utility agreement—

        (a)     must provide for the respective rights and obligations of the utility and the project authority in the case where utility infrastructure located within the project area may need to be relocated or protected in order for works for the development of the approved project to be carried out;

        (b)     may provide for the respective rights and obligations of the utility and the project authority in relation to unnotified utility infrastructure located within a project area in cases where—

              (i)     the project authority discovers the unnotified utility infrastructure while carrying out works for the development of the approved project; or

              (ii)     the project authority causes damage to the unnotified utility infrastructure while carrying out works for the development of the approved project.