Victorian Numbered Acts Victorian Numbered ActsFor Part 7 of the Project Development and Construction Management Act 1994 substitute —
In this Part—
"commencement day" means the day on which section 24 of the Project Development and Construction Management Amendment Act 2020 comes into operation;
former Secretary DIIRD property means property, rights or liabilities of the Secretary DIIRD body corporate that, under Division 2, have vested in or become liabilities of the Secretary, Project Development;
"former specified transport project property "means property, rights or liabilities of the Secretary DIIRD body corporate that, under Division 3, have vested in or become liabilities of the Head, Transport for Victoria;
"Head, Transport for Victoria" has the same meaning as in section 3 of the Transport Integration Act 2010 ;
instrument includes a document and an oral agreement;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
"Secretary DIIRD body corporate" means the body corporate in existence under section 41A immediately before the commencement day;
Secretary DIIRD body corporate instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the commencement day—
(a) to which the Secretary DIIRD body corporate was a party; or
(b) that was given to or in favour of the Secretary DIIRD body corporate; or
(c) that refers to the Secretary DIIRD body corporate; or
(d) under which—
(i) money is, or may become, payable to or by the Secretary DIIRD body corporate; or
(ii) other property is to be, or may become liable to be, transferred to or by the Secretary DIIRD body corporate;
"specified transport project" means—
(a) the Craigieburn Rail Electrification Project declared under the nomination order published in the Government Gazette on 29 January 2004, as amended by the order made on 19 December 2006 and published in the Government Gazette on 21 December 2006;
(b) the Dynon Port Rail Link Project declared under the nomination order published in the Government Gazette on 16 March 2006;
(c) the Jolimont Project declared under the nomination order published in the Government Gazette on 26 January 1995, as amended by order made on 5 March 2002 and published in the Government Gazette on 27 March 2002;
(d) the Rapid Transit Link Project referred to in item 24 of the Schedule;
(e) the Clifton Hill Rail Project, declared by notice published in the Government Gazette on 8 March 2007 under section 201F of the Planning and Environment Act 1987 ;
(f) the Country Passenger Rail Services (CPRS) Project, declared by notice published in the Government Gazette on 5 June 2003 under section 201F of the Planning and Environment Act 1987 ;
(g) the Regional Fast Rail Project, declared by notice published in the Government Gazette on 18 October 2001 under section 201F of the Planning and Environment Act 1987 .
On the commencement day—
(a) all property and rights of the Secretary DIIRD body corporate (except the property and rights of the Secretary DIIRD body corporate in relation to a specified transport project) vest in the Secretary, Project Development; and
(b) all liabilities of the Secretary DIIRD body corporate (except the liabilities of the Secretary DIIRD body corporate in relation to a specified transport project) become liabilities of the Secretary, Project Development.
If the property and rights vested in the Secretary, Project Development under this Division relate to a nominated project, on and after the commencement day—
(a) in any nomination order in force on the commencement day for the nominated project, a reference to the Secretary DIIRD body corporate as the facilitating agency for the nominated project must be construed as a reference to the Secretary, Project Development as the facilitating agency for that project; and
(b) the Secretary, Project Development is taken to be the facilitating agency for that project; and
(c) unless revoked, amended or varied in accordance with this Act, any other provision of the nomination order and any application order in force on the commencement day relating to that project continues to apply to that project.
(1) Property and rights vested in the Secretary, Project Development under this Division are subject to the encumbrances (if any) to which they were subject immediately before so vesting.
(2) In respect of liabilities that become liabilities of the Secretary, Project Development under this Division, the rights to which the Secretary DIIRD body corporate was entitled in respect of those liabilities immediately before they ceased to be liabilities of that body corporate vest in the Secretary, Project Development.
If the rights and liabilities of the Secretary DIIRD body corporate under an agreement are rights that vest in or liabilities that become liabilities of the Secretary, Project Development under this Division—
(a) the Secretary, Project Development becomes, on the commencement day, a party to the agreement in place of the Secretary DIIRD body corporate; and
(b) on and after the commencement day, the agreement has effect as if the Secretary, Project Development had always been a party to the agreement.
Each Secretary DIIRD body corporate instrument relating to former Secretary DIIRD property continues to have effect according to its tenor on and after the commencement day as if a reference in the instrument to the Secretary DIIRD body corporate were a reference to the Secretary, Project Development.
If, immediately before the commencement day, proceedings relating to former Secretary DIIRD property (including arbitration proceedings) to which the Secretary DIIRD body corporate was a party were pending or existing in any court or tribunal, then, on and after that day, the Secretary, Project Development is substituted for the Secretary DIIRD body corporate as a party to the proceedings and has the same rights in the proceedings as the Secretary DIIRD body corporate had.
If, immediately before the commencement day the Secretary DIIRD body corporate is, in relation to former Secretary DIIRD property, the registered proprietor of an interest in land under the Transfer of Land Act 1958 , then on and after the commencement day—
(a) the Secretary, Project Development is taken to be the registered proprietor of that interest in land; and
(b) the Secretary, Project Development has the same rights and remedies in respect of that interest as the Secretary DIIRD body corporate had.
If the Secretary, Project Development acquires any right in the nature of an easement (whether as a result of a transfer under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the Secretary, Project Development which is benefited or capable of being benefited by that right.
On being requested to do so, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Division.
No duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given for the purpose of, or connected with, the transfer of property, rights or liabilities of the Secretary DIIRD body corporate.
(1) Documentary or other evidence that would have been admissible for or against the interests of the Secretary DIIRD body corporate in relation to former Secretary DIIRD property if this Division had not been enacted is admissible for or against the interests of the Secretary, Project Development.
(2) The Evidence Act 2008 applies with respect to the books of account of the Secretary DIIRD body corporate and to entries made in those books of account before the commencement day, whether or not they relate to former Secretary DIIRD property, as if those books of account and entries were business records of the Secretary, Project Development.
(1) A certificate signed by the Department Head of the Department of Transport certifying that—
(a) property or rights of the Secretary DIIRD body corporate specified in the certificate have vested in the Secretary, Project Development; or
(b) liabilities of the Secretary DIIRD body corporate specified in the certificate have become liabilities of the Secretary, Project Development—
is admissible as evidence and, in the absence of evidence to the contrary, is proof that the property, rights or liabilities so specified are the property, rights and liabilities to which this Division applies.
(2) The Department Head of the Department of Transport—
(a) must keep a register of certificates issued under this section; and
(b) must make the register reasonably available for inspection by the Secretary, Project Development or other interested person.
Nothing effected by this Division or done or suffered under this Division—
(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
(b) is to be regarded as placing any person in breach of or as constituting a default under any Act (other than the Charter of Human Rights and Responsibilities Act 2006 ) or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or
(d) releases any surety or other obligor wholly or in part from any obligation.
On the commencement day—
(a) all property and rights of the Secretary DIIRD body corporate relating to a specified transport project vest in the Head, Transport for Victoria; and
(b) all liabilities of the Secretary DIIRD body corporate relating to a specified transport project become liabilities of the Head, Transport for Victoria.
If the property and rights vested in the Head, Transport for Victoria under this Division relate to a nominated project, on and after the commencement day—
(a) in any nomination order in force on the commencement day for the nominated project, a reference to the Secretary DIIRD body corporate as the facilitating agency for the nominated project must be construed as a reference to the Head, Transport for Victoria as the facilitating agency for that project; and
(b) the Head, Transport for Victoria is taken to be the facilitating agency for that project; and
(c) unless revoked, amended or varied in accordance with this Act, any other provision of the nomination order and any application order in force on the commencement day relating to that project continues to apply to that project.
(1) Property and rights vested in the Head, Transport for Victoria under this Division are subject to the encumbrances (if any) to which they were subject immediately before so vesting.
(2) In respect of liabilities that become liabilities of the Head, Transport for Victoria under this Division, the rights to which the Secretary DIIRD body corporate was entitled in respect of those liabilities immediately before they ceased to be liabilities of that body corporate vest in the Head, Transport for Victoria.
If the rights and liabilities of the Secretary DIIRD body corporate under an agreement are rights that vest in or liabilities that become liabilities of the Head, Transport for Victoria under this Division—
(a) the Head, Transport for Victoria becomes, on the commencement day, a party to the agreement in place of the Secretary DIIRD body corporate; and
(b) on and after the commencement day, the agreement has effect as if the Head, Transport for Victoria had always been a party to the agreement.
Each Secretary DIIRD body corporate instrument relating to former specified transport project property continues to have effect according to its tenor on and after the commencement day as if a reference in the instrument to the Secretary DIIRD body corporate were a reference to the Head, Transport for Victoria.
If, immediately before the commencement day, proceedings relating to former specified transport project property (including arbitration proceedings) to which the Secretary DIIRD body corporate was a party were pending or existing in any court or tribunal, then, on and after that day, the Head, Transport for Victoria is substituted for the Secretary DIIRD body corporate as a party to the proceedings and has the same rights in the proceedings as the Secretary DIIRD body corporate had.
If, immediately before the commencement day the Secretary DIIRD body corporate is, in relation to former Secretary DIIRD property, the registered proprietor of an interest in land under the Transfer of Land Act 1958 , then on and after the commencement day—
(a) the Head, Transport for Victoria is taken to be the registered proprietor of that interest in land; and
(b) the Head, Transport for Victoria has the same rights and remedies in respect of that interest as the Secretary DIIRD body corporate had.
If the Head, Transport for Victoria acquires any right in the nature of an easement (whether as a result of a transfer under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the Head, Transport for Victoria which is benefited or capable of being benefited by that right.
On being requested to do so, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Division.
No duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given for the purpose of, or connected with, the transfer of property, rights or liabilities of the Secretary DIIRD body corporate.
(1) Documentary or other evidence that would have been admissible for or against the interests of the Secretary DIIRD body corporate in relation to former specified transport project property if this Division had not been enacted is admissible for or against the interests of the Head, Transport for Victoria.
(2) The Evidence Act 2008 applies with respect to the books of account of the Secretary DIIRD body corporate and to entries made in those books of account in relation to a specified transport project before the commencement day, whether or not they relate to former specified transport project property, as if those books of account and entries were business records of the Head, Transport for Victoria.
(1) A certificate signed by the Department Head of the Department of Transport certifying that—
(a) property or rights of the Secretary DIIRD body corporate specified in the certificate have vested in the Head, Transport for Victoria; or
(b) liabilities of the Secretary DIIRD body corporate specified in the certificate have become liabilities of the Head, Transport for Victoria—
is admissible as evidence and, in the absence of evidence to the contrary, is proof that the property, rights or liabilities so specified are the property, rights and liabilities to which this Division applies.
(2) The Department Head of the Department of Transport—
(a) must keep a register of certificates issued under this section; and
(b) must make the register reasonably available for inspection by the Head, Transport for Victoria or other interested person.
Nothing effected by this Division or done or suffered under this Division—
(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
(b) is to be regarded as placing any person in breach of or as constituting a default under any Act (other than the Charter of Human Rights and Responsibilities Act 2006 ) or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or
(d) releases any surety or other obligor wholly or in part from any obligation.
In this Division—
"Secretary, Project Development instrument" means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the transfer date—
(a) to which the Secretary, Project Development was a party; or
(b) that was given to, or in favour of, the Secretary, Project Development; or
(c) that refers to the Secretary, Project Development; or
(d) under which—
(i) money is, or may become, payable to the Secretary, Project Development; or
(ii) other property is to be, or may become liable to be, transferred to or by the Secretary, Project Development;
"transfer date" means the date specified under section 75(2)(b) for the purposes of the transfer;
"transfer order" means an Order in Council made under section 75;
"transferee transport body" means the transport body specified in a transfer order and to which property, a right or a liability relating to a transport project are transferred under the transfer order;
"transport body" has the same meaning as in section 3 of the Transport Integration Act 2010 ;
"transport project "has the same meaning as in section 66A of the Transport Integration Act 2010 .
(1) The Governor in Council may, on the recommendation of the Minister, by Order in Council transfer any or all of the property, rights and liabilities as specified, or described by reference to a class, in the Order in Council of the Secretary, Project Development in relation to a transport project to a transport body specified in the Order in Council.
(2) The transfer order must—
(a) be published in the Government Gazette; and
(b) specify the transfer date on which the transfer takes effect.
On the transfer date—
(a) all property and rights of the Secretary, Project Development, wherever located, that are transferred under a transfer order, vest in the transport body specified in the transfer order in accordance with the order; and
(b) all liabilities of the Secretary, Project Development, wherever located, that are transferred under a transfer order, become liabilities of the transport body specified in the transfer order in accordance with the order.
If under a transfer order property and rights vest in the transferee transport body or liabilities become liabilities of the transferee transport body—
(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and
(b) the rights to which the Secretary, Project Development was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Secretary, Project Development vest in the transferee transport body.
If under a transfer order the rights and liabilities of the Secretary, Project Development under an agreement are transferred to the transferee transport body—
(a) the transferee transport body becomes, on the transfer date, a party to the agreement in place of the Secretary, Project Development; and
(b) on and after the transfer date, the agreement has effect as if the transferee transport body had always been a party to the agreement.
Each Secretary, Project Development instrument relating to property, rights or liabilities transferred to the transferee transport body continues to have effect according to its tenor on and after the transfer date as if a reference in the instrument to the Secretary, Project Development were a reference to the transferee transport body.
If, immediately before the transfer date, proceedings relating to property, rights or liabilities transferred to the transferee transport body (including arbitration proceedings) to which the Secretary, Project Development was a party were pending or existing in any court or tribunal, then, on and after the transfer date, the transferee transport body is substituted for the Secretary, Project Development as a party to the proceedings and has the same rights in the proceedings as the Secretary, Project Development had.
If immediately before the transfer date, the Secretary, Project Development is, in relation to property, rights or liabilities transferred to the transferee transport body under a transfer order, the registered proprietor of an interest in land under the Transfer of Land Act 1958 , then on and after the transfer date—
(a) the transferee transport body is taken to be the registered proprietor of that interest in land; and
(b) the transferee transport body has the same rights and remedies in respect of that interest as the Secretary, Project Development had.
If the transferee transport body acquires any right in the nature of an easement (whether as a result of a transfer under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the transferee transport body which is benefited or capable of being benefited by that right.
On being requested to do so, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Division.
No stamp duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given for the purpose of, or connected with, the transfer of property, rights or liabilities under an Order in Council.
(1) Documentary or other evidence that would have been admissible for or against the interests of the Secretary, Project Development in relation to property, rights or liabilities transferred to the transferee transport body under a transfer order is admissible for or against the interests of the transferee transport body.
(2) The Evidence Act 2008 applies with respect to the books of account of the Secretary, Project Development and to entries made in those books of account before the transfer date, whether or not they relate to Secretary, Project Development property, as if those books of account and entries were business records of the transferee transport body.
(1) A certificate signed by the Department Head of the declared Department certifying that property, rights or liabilities of the Secretary, Project Development specified in the certificate have been transferred is admissible as evidence and, in the absence of evidence to the contrary, is proof—
(a) that the property, rights or liabilities so specified are the property, rights and liabilities to which the transfer order applies; and
(b) that the transfer order is a transfer order for the purposes of this Division.
(2) The Department Head of the declared Department—
(a) must keep a register of certificates issued under this section; and
(b) must make the register reasonably available for inspection by the transferee transport body or other interested person.
Nothing effected by this Division or done or suffered under this Division—
(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or
(b) is to be regarded as placing any person in breach of or as constituting a default under any Act (other than the Charter of Human Rights and Responsibilities Act 2006 ) or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or
(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or
(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or
(f) is to be regarded as frustrating any contract; or
(g) releases any surety or other obligor wholly or in part from any obligation.".