Victorian Numbered Acts Victorian Numbered ActsAfter Part 8 of the Principal Act insert —
In this Part—
"commencement day" means the day on which section 8 of the Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017 comes into operation;
"old Authority "means the Urban Renewal Authority Victoria established by the Urban Renewal Authority Victoria Act 2003 .
On the commencement day—
(a) the old Authority is abolished and its members go out of office; and
(b) all members of the old Authority immediately before the commencement day are taken to be members of Development Victoria on the same terms and conditions as applied to that person immediately before the commencement day as a member of the old Authority; and
(c) the Chairperson of the old Authority immediately before the commencement day is taken to be the Chairperson of Development Victoria on the same terms and conditions as applied to the Chairperson immediately before the commencement day as Chairperson of the old Authority; and
(d) the Deputy Chairperson of the old Authority immediately before the commencement day is taken to be the Deputy Chairperson of Development Victoria on the same terms and conditions as applied to the Deputy Chairperson immediately before the commencement day as Deputy Chairperson of the old Authority; and
(e) Development Victoria is the successor in law of the old Authority; and
(f) all rights, assets, liabilities and obligations of the old Authority immediately before its abolition become rights, assets, liabilities and obligations of Development Victoria; and
(g) all moneys standing to the credit of the General Fund of the old Authority become moneys standing to the credit of the General Fund of Development Victoria under this Act; and
(h) all moneys standing to the credit of the Project Fund of the old Authority become moneys standing to the credit of the Project Fund of Development Victoria under this Act; and
(i) all moneys standing to the credit of the Docklands Fund (within the meaning of the Docklands Act 1991 ) of the old Authority become moneys standing to the credit of the Docklands Fund of Development Victoria under that Act; and
(j) Development Victoria is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the old Authority; and
(k) Development Victoria may continue and complete any other continuing matter or thing commenced by or against or in relation to the old Authority.
On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part.
(1) On the commencement day, all persons who are employees of the old Authority immediately before the commencement day are taken to be employees of Development Victoria on the same terms and conditions and with the same accrued and accruing entitlements as applied to that person immediately before the commencement day as an employee of the old Authority.
(2) If subsection (1) applies to a person—
(a) the service of the person as an employee with Development Victoria is to be regarded for all purposes as having been continuous with the service of the employee with the old Authority; and
(b) the person is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old Authority.
(3) Nothing in this section prevents an employee of the old Authority from resigning or being dismissed at any time after the commencement day in accordance with the terms and conditions of the employee's employment.
On and after the commencement day, in any Act (other than this Act) or in any instrument made under any Act or in any other document—
(a) a reference to the Urban Renewal Authority Victoria Act 2003 is taken to be a reference to the Development Victoria Act 2003 ; and
(b) a reference to the Urban Renewal Authority Victoria or to Places Victoria is taken to be a reference to Development Victoria—
so far as it relates to any period after that commencement, unless the context otherwise requires.
On and after the commencement day, the corporate plan that was prepared under section 57 and in force immediately before the commencement day is taken to be the corporate plan prepared in respect of Development Victoria, and may be amended in accordance with this Act.
(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017 , including any repeals and amendments made by or as a result of the enactment of that Act.
(2) Regulations made under this section may—
(a) have a retrospective effect to a day on or after a date not earlier than the day on which the Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017 receives Royal Assent; and
(b) be of limited or general application; and
(c) differ according to time, place or circumstance; and
(d) leave any matter or thing to be decided by a specified person or class of person.
(3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006 ) or in any subordinate instrument.
(4) Sections 6 and 7 of the Subordinate Legislation Act 1994 do not apply to any regulations made under this section.
(5) This section expires on the second anniversary of the day on which it comes into operation.
In this Part—
"application order "has the same meaning as it has in the Project Development and Construction Management Act 1994 ;
"commencement day "means the day on which section 8 of the Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017 comes into operation;
"facilitating agency" has the same meaning as it has in the Project Development and Construction Management Act 1994 ;
"former agency" means a public statutory corporation that, immediately before the commencement day, was the facilitating agency in respect of a relevant development;
"former agency instrument "means an instrument (including a legislative instrument other than this Act) subsisting immediately before the commencement day—
(a) to which the former agency was a party; or
(b) that was given to or in favour of the former agency; or
(c) that refers to the former agency; or
(d) under which—
(i) money is, or may become, payable to or by the former agency; or
(ii) other property is to be, or may become liable to be, transferred to or by the former agency;
"nominated project" has the same meaning as it has in the Project Development and Construction Management Act 1994 ;
"nomination order" has the same meaning as it has in the Project Development and Construction Management Act 1994 ;
"public statutory corporation" has the same meaning as it has in the Project Development and Construction Management Act 1994 ;
"relevant development "means a nominated project specified in Column 2 of Schedule 1.
(1) This section applies to a relevant development.
(2) On and after the commencement day—
(a) the relevant development is taken to be a declared project as if a project order had been made under Part 3 in respect of that relevant development; and
(b) the provisions of Divisions 2, 3, 4, 5, 5A, and 6 of Part 3 specified in Column 3 of Schedule 1 apply in relation to the relevant development; and
(c) all property of the former agency forming part of and used solely for the relevant development vests in Development Victoria; and
(d) all rights and liabilities of the former agency in relation to the relevant development become liabilities of Development Victoria; and
(e) despite anything to the contrary in the Project Development and Construction Management Act 1994 —
(i) the relevant development, by force of this section, ceases to be a nominated project; and
(ii) the nomination order under that Act that declares the relevant development as a nominated project and any application order under that Act relating to the relevant development as a nominated project is, by force of this section, revoked.
(3) Without limiting the Interpretation of Legislation Act 1984 , a project order taken to have been made under this section may be amended or revoked as if it had been made under Part 3.
If, under this Part, property and rights vest in Development Victoria or liabilities become liabilities of Development Victoria—
(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before vesting; and
(b) the rights to which the former agency was entitled in respect of those liabilities immediately before they ceased to be liabilities of that agency vest in Development Victoria.
If, under this Part, the rights and liabilities of the former agency under an agreement vest in Development Victoria—
(a) Development Victoria becomes, on the commencement day, a party to the agreement in place of the former agency; and
(b) on and after the commencement day, the agreement has effect as if Development Victoria had always been a party to the agreement.
Each former agency instrument relating to property vested in Development Victoria under this Part continues to have effect according to its tenor on and after the commencement day as if a reference in the instrument to the former agency were a reference to Development Victoria.
If, immediately before the commencement day, any proceeding relating to property, rights or liabilities that, under this Part, have vested in or become liabilities of Development Victoria (including arbitration proceedings) to which the former agency was a party were pending or existing in any court or tribunal, then, on and after the commencement day, Development Victoria is substituted for the former agency as a party to the proceeding and has the same rights in the proceeding as the former agency had.
Without affecting the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the commencement day, the former agency is, in relation to property, rights or liabilities that, under this Part, have vested in or become liabilities of Development Victoria, the registered proprietor of an interest in land under the Transfer of Land Act 1958 , then on and after that day—
(a) Development Victoria is taken to be the registered proprietor of that interest in land; and
(b) Development Victoria has the same rights and remedies in respect of that interest as the former agency had.
On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part.
No land transfer duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, 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 former agency.
(1) Documentary or other evidence that, if this Part had not been enacted, would have been admissible for or against the interests of the former agency in relation to property, rights or liabilities that, under this Part, have vested in or become liabilities of Development Victoria, is admissible for or against the interests of Development Victoria.
(2) The Evidence Act 2008 applies with respect to the books of account of the former agency and to entries made in those books of account before the commencement day, whether or not they relate to property, rights or liabilities that, under this Part, have vested in or become liabilities of Development Victoria, as if those books of account and entries were business records of Development Victoria.
(1) Nothing effected by this Part or done or suffered by the former agency, the State, a Minister or Development Victoria under this Part—
(a) is to be regarded as placing the former agency, the State, a Minister or Development Victoria 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 of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including 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 obligee wholly or in part from any obligation.
(2) The validity of any act or transaction of the former agency must not be called in question in any proceeding on the ground that any provision of this Part has not been complied with.
(3) In this section Act does not include the Charter of Human Rights and Responsibilities.