Victorian Numbered Acts Victorian Numbered ActsIn this Act—
"applicable approval" means an approval, authorisation, consent, determination, decision (however described), licence or permit under an applicable law that is specified in column 2 of the Table in Schedule 1;
"applicable law" means an Act specified in column 1 of the Table in Schedule 1;
"applicable law decision" means a decision (however described) under an applicable law granting an applicable approval;
"applicable law decision maker" means a person or body who, under an applicable law, grants an applicable approval under that law;
application fee has the meaning given by section 4;
"approval decision" means a decision of the Planning Minister under section 77;
"approved project" means a declared project in respect of which a project area has been designated under Part 4;
"arterial road" has the same meaning as in the Road Management Act 2004 ;
"assessment committee" means an assessment committee established under Part 8;
"assessment committee recommendation" means a recommendation under section 73;
"business day" means a day that is not—
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(a) a Saturday or a Sunday; or
(b) a day that is appointed as a public holiday or public half-holiday throughout the whole of Victoria under the Public Holidays Act 1993 ;
"Central Plan Office" means the Central Plan Office of the Department of Sustainability and Environment;
"comprehensive impact statement" means a statement prepared under Division 5 of Part 3 and includes such a statement revised under that Division;
"comprehensive impact statement assessment process" means the process and requirements set out in Division 5 of Part 3;
"comprehensive impact statement determination", in relation to a declared project, means a determination under section 20(1) requiring the preparation of a comprehensive impact statement for that project;
"comprehensive impact statement issues report" means a report under section 59;
"construct" includes reconstruct or make structural changes;
"Council" has the same meaning as in the Local Government Act 1989 ;
"Crown land" includes a stratum of Crown land;
"cultural heritage management plan" has the same meaning as in the Aboriginal Heritage Act 2006 ;
"declared project "means a transport project declared under section 10 to be a declared project;
"Department" means the Department of Planning and Community Development;
"development", in relation to a declared project, includes—
(a) the construction of a facility or infrastructure; and
(b) the construction or exterior alteration or exterior decoration of a building; and
(c) the demolition or removal of a building or works; and
(d) the construction or carrying out of works; and
(e) the subdivision or consolidation of land, including buildings or airspace; and
(f) the placing or relocation of a building or works on land; and
(g) the construction or putting up for display of signs or hoardings;
"Director of Public Transport" means the Director within the meaning of the Transport Act 1983 ;
"discretionary applicable law criteria" means matters, things, criteria, factors, circumstances, principles or objects specified in an applicable law that may be applied, taken into account, or had regard to, in the applicable law by an applicable law decision maker when making a decision whether to grant an applicable approval under that law;
"enactment" means an Act or a regulation under an Act;
"Environment Protection Authority" or EPA means the Authority within the meaning of the Environment Protection Act 1970 ;
"formal public hearing" means a hearing conducted by an assessment committee under Subdivision 7 of Division 5 of Part 3;
"freeway" has the same meaning as in the Road Management Act 2004 ;
"further option" means a further option in relation to a declared project referred to in section 69;
"grant", in relation to an applicable approval, includes, as the case requires, give, make, issue or provide;
"heavy vehicle" has the same meaning as in the Road Safety Act 1986 ;
"impact "means a reasonably foreseeable, direct or indirect impact arising from—
(a) the development of an approved project; or
(b) the use of transport or non-transport infrastructure established by the approved project; or
(c) the decommissioning of the transport or non-transport infrastructure established by the approved project;
"impact assessment guidelines "means guidelines prepared under section 17;
"impact management plan" means a plan prepared under Division 4 of Part 3;
"impact management plan assessment process" means the process and requirements set out in Division 4 of Part 3;
"impact management plan determination", in relation to a declared project,
means a determination under section 20(1) requiring the preparation of an
impact management plan for that project;
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"infrastructure manager" has the same meaning as in the Road Management Act 2004 ;
"land" includes a stratum of land;
"lease", in Division 7 of Part 6, means a lease granted under section 177;
"leased land" means land that is the subject of a lease granted under section 177;
"lessee" means a person who is, for the time being, the lessee under a lease granted under section 177;
"licence" in Division 7 of Part 6, means a licence issued under section 173;
"licensed land" means land that is subject to a licence issued under section 173;
"licensee" means a person who is, for the time being, the holder of a licence issued under section 173;
"mandatory applicable law criteria" means matters, things, criteria, factors, circumstances, principles or objects specified in an applicable law that must be applied or complied with by an applicable law decision maker when making a decision whether to grant an applicable approval under that law;
"municipal road" has the same meaning as in the Road Management Act 2004 ;
"Native Title Act" means the Native Title Act 1993 of the Commonwealth;
"navigation aid" has the same meaning as in the Marine Act 1988 ;
"non-arterial State road" has the same meaning as in the Road Management Act 2004 ;
"non-transport infrastructure" means a facility, building, fixture, fitting or permanent structure (whether residential, commercial or industrial) that, when constructed, is in, on, over, part of, related or connected to transport infrastructure;
"notice of acquisition "means a notice of acquisition within the meaning of the Land Acquisition and Compensation Act 1986 ;
"Planning Minister" means the Minister administering the Planning and Environment Act 1987 ;
"port"—
(a)means a facility at which goods can be loaded and unloaded, or persons can board and disembark, from a vessel; and
(b) includes channels, navigation aids and other infrastructure and equipment that is necessary to enable the safe movement of vessels to and from a facility referred to in paragraph (a);
"preliminary hearing" means a preliminary hearing conducted under section 57;
"project area", for a declared project or an approved project, means the area of land designated by Order under section 95, as varied by Order under section 96 or consolidated by Order under section 97;
"project authority", for a declared project or an approved project, means—
(a) the project proponent; or
(b) if the Project Minister appoints an entity under section 6, that entity;
"project contractor" means a person designated under section 7 ;
"project declaration" means a declaration made under section 10 ;
"project declaration guidelines" means guidelines prepared under section 13;
"project function", for a project authority, means a function or power specified under section 101 or 102;
"project land", for an approved project, means—
(a) land that is acquired under Part 6, including land that is surrendered or divested under Division 4 or 6 of that Part; or
(b) land acquired by a project authority for the project for the purposes of the approved project before that project became an approved project;
"Project Minister" means a Minister appointed under section 14 ;
"project proponent", for a declared project, means the entity appointed under section 15;
"project proposal", for a declared project, has the meaning given by section 5;
"project proposal guidelines" means guidelines prepared under section 16;
"properly made submission" means a submission or an amendment to a submission that complies with section 52(3);
"public authority" means a person or body (including a trust) established by or under an Act for a public purpose other than a Council;
"public exhibition period", for a comprehensive impact statement, means the period determined by the Planning Minister under section 45 for that statement;
"public land" means—
(a) Crown land; or
(b) land owned by or vested in a public authority;
"public sector body "has the same meaning as in the Public Administration Act 2004 ;
"publication fee guidelines" means the guidelines prepared under section 18;
"rail infrastructure" has the same meaning as in the Rail Safety At 2006 ;
"registered Aboriginal party" has the same meaning as in the Aboriginal Heritage Act 2006 ;
"reservation date", in relation to land, means the date on which the land became project land;
"restricted access area "means an area established under section 196;
"review determination" means a determination under section 42 ;
"revised comprehensive impact statement" means a comprehensive impact statement revised in accordance with section 61;
"road" has the same meaning as in the Road Management Act 2004 ;
"road authority" has the same meaning as in the Road Management Act 2004 ;
"road function "means a project function conferred on a project authority
relating to Subdivision 1 of Division 8 of Part 6;
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"road infrastructure" has the same meaning as in the Road Management Act 2004 ;
"rolling stock" has the same meaning as in the Rail Safety Act 2006 ;
"scoping directions" means directions prepared by the Planning Minister under section 22 or 30;
"Secretary" means Secretary to the Department;
"State environment protection policy" has the same meaning as in the Environment Protection Act 1970 ;
"stratum of Crown land" means a stratum of land that is Crown land;
"stratum of land" means a part of land consisting of a space of any shape, below on or above the surface of the land, or partly below and partly above the surface of the land, all the dimensions of which are limited;
supplementary assessment has the meaning given by section 69(1)(b) ;
"surplus land" means land determined under section 180 to be surplus land;
"transport infrastructure "means any of the following—
(a) road infrastructure;
(b) rail infrastructure;
(c) infrastructure that can be used for the movement of persons or goods;
(d) a port;
(e) 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;
"transport project "means a project for the development of—
(a) transport infrastructure; or
(b) transport infrastructure together with non-transport infrastructure;
"utility" means an entity (whether publicly or privately owned) that provides, or intends to provide, water, sewerage, drainage, gas, electricity or other like services under the authority of an Act of Victoria;
"utility infrastructure" means any part of the supply, distribution or reticulation network owned, operated or controlled by a utility, including poles, pipes, cables, wires, conduits and tunnels;
"vehicle" has the same meaning as in the Road Safety Act 1986 ;
"vessel "has the same meaning as in the Marine Act 1988 ;
"VicRoads" means the Roads Corporation established under Part II of the Transport Act 1983 ;
"waste management policy" has the same meaning as in the Environment Protection Act 1970 ;
"works" includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil;
"works approval" has the same meaning as in the Environment Protection Act 1970 .