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CITY OF MELBOURNE AND DOCKLANDS ACTS (GOVERNANCE) BILL 2006

         City of Melbourne and Docklands Acts
                   (Governance) Bill

                        Introduction Print

              EXPLANATORY MEMORANDUM


                              Clause Notes

                      PART 1--PRELIMINARY
Clause 1   This clause sets out the main purposes of the Bill, namely to
           amend the City of Melbourne Act 2001 to return the Docklands
           area (as defined in the Docklands Act 1991) to the municipal
           district of the City of Melbourne and to provide for the
           establishment of the Docklands Co-ordination Committee as a
           special committee of the Melbourne City Council.
           The other purpose of the Bill is to amend the Docklands Act
           1991 to give effect to the return of the Docklands area to the
           municipal district of the City of Melbourne and to provide for the
           reservation of certain land in the Docklands area.

Clause 2   This clause provides for the commencement of the Bill by
           proclamation. The default date for commencement is 1 January
           2008. The delayed commencement is necessary to ensure the
           smooth transition of municipal functions (including the
           preparation of voters' rolls) in the Docklands precinct to City of
           Melbourne prior to the local government elections for the
           Melbourne City Council to be held in November 2008.

           PART 2--CITY OF MELBOURNE ACT 2001
Clause 3   This clause inserts relevant definitions in the City of Melbourne
           Act 2001. These are "Authority", defined as the Victorian Urban
           Development Authority established by the Victorian Urban
           Development Authority Act 2003, and "docklands area",
           defined as having the same meaning as in the Docklands Act
           1991. The "docklands area" is defined in the Docklands Act
           1991 as being the land shown in a surveyed plan approved by the
           Governor in Council.


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551401                                       BILL LA INTRODUCTION 22/8/2006

 


 

Clause 4 This clause inserts a new section 5A in the City of Melbourne Act 2001. This section provides that the Docklands area is part of the municipal district of the City of Melbourne. The clause also provides that the addition of the Docklands area to the municipal district of the City of Melbourne does not constitute a reconstitution of the Council, which could otherwise have implications for the Council under the Local Government Act 1989. Clause 5 This clause inserts a new Part 4A in the City of Melbourne Act 2001 to provide for the establishment of a Docklands Co-ordination Committee as a special committee of Melbourne City Council. PART 4A--DOCKLANDS CO-ORDINATION COMMITTEE New Section 27A--Definitions This section provides definitions for-- · "Authority nominee"; · "Committee" (being the Docklands Co-ordination Committee); · "Co-ordination Area" (being land reserved under the new sections 66 and 67 of the Docklands Act 1991 inserted by this Bill and any other Crown land added to the area under the new section 27A(2)); · "Council nominee"; · "Docklands Minister" (being the Minister for the time being administering the Docklands Act 1991); · "Ministerial appointee"; and · "place management services" (being services that relate to site presentation, waterways management, safety and security, the marketing and promotion of the Docklands area, the attraction and staging of events in the Docklands area and any other prescribed matter). The new section 27A(2) provides that the Governor in Council (on the recommendation of the Minister administering the Local Government Act 1989 and the Minister administering the Docklands Act 1991) may by Order in Council add or remove any Crown land in the Docklands area to or from the Co-ordination Area. 2

 


 

The new section 27(A)(3) provides that an Order under 27A(2) must be published in the Government Gazette. New section 27B--Establishment of the Docklands Co-ordination Committee The new section 27B provides that Melbourne City Council must establish a committee to be called the Docklands Co-ordination Committee. This Committee is deemed to be a special committee of the Council under the Local Government Act 1989. However, the section also provides that a number of sections of the Local Government Act 1989 relating to special committees do not apply to this committee, as specific provision for these matters is made for them in the sections inserted by this Bill. These sections of the Local Government Act 1989 are-- · section 86(2)--this section gives a council power to appoint and remove members of a special committee. · section 88(3)--this section provides that the special committee may appoint a chairperson. · section 88(4)--this section provides that if the chairperson is not present at a meeting of a special committee the members must appoint a chairperson for that meeting. · section 88(7)--this section provides that the council may specify in the instrument of delegation that a member of a special committee who is a member of the public or of council staff does not have voting rights on the special committee. · section 90(1)(d)--this section provides that questions before a meeting of a council or special committee are to be determined by a majority of votes. · section 90(1)(e)--this section provides that, in most cases, where there is an equality of votes, the chairperson has a second vote. · section 91(3)--provides that subject to the Local Government Act 1989, any local laws and any resolutions of council, the conduct of meetings of a special committee is in the special committee's discretion. 3

 


 

New section 27C--Constitution of the Committee The new section 27C provides that the Committee has up to seven members, six of whom must be appointed by the Council; being three persons nominated by the Council and three persons nominated by the Authority. A seventh member may be appointed jointly by the Minister administering the City of Melbourne Act 2001 and the Minister administering the Docklands Act 1991. There is no legal requirement for the Ministers to make such an appointment. However, if a person is appointed, the nomination must specify the term of appointment (not exceeding four years). Appointees are eligible for reappointment. New section 27D--Deputy members The new section 27D provides for the appointment of deputy members, by the same means as outlined in section 27C. A deputy member may, in the absence of the member, attend meetings of the Committee in place of that member and perform any functions at that meeting that the member could have performed. New section 27E--Removal from office The new section 27E provides that the Council may remove its own nominees (including deputies) from the Committee. The Council must remove nominees of the Authority ("Authority nominees") and any deputies if requested by the Authority. The two Ministers may jointly remove their Ministerial nominee. New section 27F--Chairperson The new section 27F provides that if there is a Ministerial appointee, they are to be the chairperson for those meetings of the Committee at which they are present. Where there is no Ministerial appointee present, the position of chairperson is to be carried out alternately by a member nominated by the Council nominees and a member nominated by the Authority nominees; beginning with a member nominated by the Council nominees. New section 27G--Quorum The new section 27G provides that a quorum of the Committee is five members. 4

 


 

New section 27H--Voting The new section 27H provides that at Committee meetings where the Ministerial appointee presides, the Ministerial appointee has both a casting and a deliberative vote and decisions are to be determined by a majority of votes. Where another nominee presides, a question before the meeting is to be decided by the unanimous vote of the members present at the meeting. Apart from these provisions, the conduct of meetings of the Committee is in its discretion. New section 27I--Delegation The new section 27I provides that the Council must, in accordance with the regulations, delegate to the Committee its functions in relation to the monitoring of those place management services prescribed by regulation in the co-ordination area. These delegations can only be amended, revoked or made subject to conditions in accordance with the regulations. The carrying out of these functions by the Committee are deemed for the purposes of this Act and the Local Government Act 1989 to have been carried out by the Council. The Bill expressly provides that a delegation of a function under this section does not prevent the Council from carrying out the function (reflecting section 42A(1)(a) of the Interpretation of Legislation Act 1984). The Bill provides that section 42A of the Interpretation of Legislation Act 1984 does not apply. Section 42A also provides that delegations may be made subject to conditions. Section 42A also provides that a delegated function or power etc, when performed or exercised etc by the delegate is taken to have been performed or exercised by the delegator (this is provided for in the new section 27I(3)). New section 27J--Functions The new section 27J prescribes the functions of the Committee. These are to approve any Place Management Plan or Finance and Infrastructure Plan prepared for the Co-ordination area. The Committee has a function of providing advice, guidance and recommendations about the provision of place management services in the Co-ordination area. 5

 


 

The Committee also has the function (in accordance with any delegation under the new section 27I) of carrying out any function in relation to the monitoring of place management services. New section 27K--Council and Authority may enter into an agreement The new section 27K provides that Melbourne City Council and the Authority may enter into an agreement in relation to the provision and co-ordination of place management services in the Co-ordination area. Such an agreement must provide for prescribed matters and must not be inconsistent with the new Part 4A or the regulations. PART 3--DOCKLANDS ACT 1991 Clause 6 This clause amends section 3 of the Docklands Act 1991. Clause 6(a) amends the definition of land to include a stratum of land to enable the reservation and leasing of strata of land in the Docklands area. Clause 6(b) inserts a definition of "stratum of land". Clause 6 repeals the definitions of "municipal functions", "public notice" and "voter". These definitions are no longer required as the sections using those terms are to be repealed. Clause 7 This clause repeals sections 4(5)(a) and 4(6) of the Docklands Act 1991. Section 4(5)(a) gave the Governor in Council power (by Order published in the Government Gazette) to include land excluded from the Docklands Act 1991 in a municipal district. As the whole of the Docklands area is being included in the municipal district of the City of Melbourne, this section is no longer required. Section 4(6) provided that the powers in subsection (5) are in addition to the powers to alter municipal districts under the Local Government Act 1989. As section 4(5)(a) is repealed, section 4(6) is redundant and is also repealed. Clause 8 This clause amends section 6(b)(i) of the Docklands Act 1991 to remove a reference to the municipal functions of the Authority. This has been done because the municipal functions of the Authority are repealed by this Bill. Clause 8 repeals section 6(b)(ii), thus removing references to the administration and enforcement of the Building Act 1993. The administration and enforcement of the Building Act 1993, being a municipal function, will return to the Melbourne City Council. 6

 


 

Clause 8 makes a minor punctuation amendment to section 6(b)(iii). Clause 8 repeals section 6(b)(iv) thereby removing references to the Authority representing the Crown when acting as a planning authority or a responsible authority in relation to land in the Docklands area. As the responsible authority for planning in the Docklands area is to be the Minister responsible for the Planning and Environment Act 1987, this section is no longer required. Clause 9 This clause amends section 20(1)(a) of the Docklands Act 1991 to exclude Crown land over which the Melbourne City Council is Committee of Management from the Authority's power to grant leases and licences. The application of this power to land over which Melbourne City Council is Committee of Management is not appropriate. Clause 10 This clause amends section 21 of the Docklands Act 1991. Section 21 provides that the Governor in Council, on the recommendation of the Minister responsible for the Docklands Act 1991 and the Crown Lands Minister may by Order published in the Government Gazette declare that a temporary or permanent reservation under the Crown Land (Reserves) Act 1978 in the Docklands area is revoked. Clause 10 amends section 21 to include an express reference to reservations made under the new sections 66 and 67 of the Docklands Act 1991. This is to ensure that this power is preserved for new reservations, as further development may be required in the future for areas that are reserved under those sections. Clause 11 This clause inserts a new section 25(4A) in the Docklands Act 1991. Section 25 gives the Authority (with the prior approval of the Governor in Council) the power to levy charges on the owners, occupiers or licensees of properties in the Docklands area for a variety of purposes. Section 25(3) provides that a person liable to pay a charge in respect of a property to the Authority under section 25 is not liable to pay any other charge in respect of that property despite anything to the contrary in any Act or law. The new section 25(4A) provides that the Authority may not levy charges for any matter for which the Melbourne City Council has levied a rate or charge. This section is intended to ensure that the Authority's power under section 25 does not impact negatively on the rate and charges income of the Melbourne City Council. 7

 


 

Clause 11 also amends section 27 of the Docklands Act 1991 to provide that the Minister responsible for the Docklands Act 1991 must obtain the written consent of the Melbourne City Council before giving advice to the Treasurer as to whether to totally or partially exempt the whole or a specified part of land in the Docklands area from any rate or charge levied by the Melbourne City Council. Clause 12 This clause amends section 28(2) of the Docklands Act 1991. Section 28 gives the Authority the power to (inter alia) construct, extend, realign, relocate, open, operate, close or remove roads. Section 28(2) is amended to provide that the Authority cannot exercise this power in relation to facilities (in particular, roads) vested in the Melbourne City Council. Clause 13 This clause amends section 30 of the Docklands Act 1991 to update the reference from "Chief Administrator" to "Department Head" (under the Public Administration Act 2004). Clause 14 This clause repeals section 31 of the Docklands Act 1991. Section 31 empowers the Minister administering the Docklands Act 1991, by Order published in the Government Gazette, to declare that the administration and enforcement of relevant sections of the Building Act 1993 is to be done by a person specified by the Minister in accordance with the directions of the Minister. As the administration and enforcement of this Act is to be returned to Melbourne City Council, this section is no longer required. Clause 15 This clause amends section 32 of the Docklands Act 1991 by repealing section 32(1)(c) which provides that the Governor in Council may by Order published in the Government Gazette declare that any land in the Docklands area which is not part of any municipal district becomes part of a municipal district specified in the Order. As the whole of the Docklands area is being returned to the municipal district of the City of Melbourne, section 32(1)(c) is redundant. Clause 15 repeals section 32(1)(d), which provides that the Governor in Council may by Order published in the Government Gazette declare that land divested under this Act from the Port of Melbourne Authority vests in the Melbourne Port Corporation. Clause 15 amends section 32(2) to remove a reference to the Local Government Act 1989, which is also redundant due to the repeal of section 32(1)(c). Clause 15 also amends the heading for section 32 to reflect the removal of the provisions relating to municipal districts. 8

 


 

Clause 16 This clause repeals section 33 of the Docklands Act 1991. Section 33 provides that the Authority is a public authority for the purposes of section 11 of the Planning and Environment Act 1987 in relation to the Docklands area. Section 33 also provides for the specification of the Authority as the responsible authority in the Docklands area for any specified planning scheme or provision thereof. Planning responsibility for the Docklands area is to be retained by the Minister responsible for the Planning and Environment Act 1987. As the powers in section 33 can be exercised under the Planning and Environment Act 1987, this section is redundant and no longer required. Clause 17 This clause repeals Part 3A of the Docklands Act 1991. Part 3A gave the Authority the functions of a municipal council as if the Docklands area were a municipal district. As the Docklands area is returning to the municipal district of the City of Melbourne and the municipal responsibility of the Melbourne City Council, Part 3A is repealed. Clause 18 This clause amends section 36(3)(b) of the Docklands Act 1991. Section 36 provides that the Authority is required to establish and keep a "Docklands Fund". Section 36(3)(b) provides that the Authority may pay money out of the Docklands Fund in relation to its municipal functions. As these functions are no longer vested in the Authority, it is no longer required. Section 36(3)(b) instead will provide for payment out of the fund pursuant to a transitional order made under the new section 62 of the Docklands Act 1991. Clause 19 This clause repeals sections 44 and 51A of the Docklands Act 1991. Section 44 provides that documents relating to the municipal functions of the Authority are not exempt documents under the Freedom of Information Act 1982. As the Authority will no longer have municipal functions, this section is redundant and no longer required. Section 51A vested powers in inspectors of municipal administration under the Local Government Act 1989 to investigate any voters' roll or voters' list relating to the Docklands area or any act matter or thing relating to the transfer of municipal functions from Melbourne City Council to the Authority. As the municipal functions over the Docklands area are being returned to Melbourne City Council, this section is redundant and no longer required. 9

 


 

Clause 20 This clause amends section 54(1) of the Docklands Act 1991. Section 54 provides that, with the approval of the Governor in Council, the Authority may make by-laws in relation to all or any part or parts of the Docklands area on a number of matters. This clause repeals those heads of power to make by-laws which may conflict with the power of Melbourne City Council to make local laws applicable to the Docklands area--namely-- · the care, management, development, protection and preservation of the area; · access to and within the area by people, animals or vehicles; · the preservation of good order and decency in the area and the safety of people; and · the control of noise and other emissions from land in the Docklands area. Clause 21 This clause amends section 56 of the Docklands Act 1991. Section 56 provides for the making of regulations with respect to the enrolment and preparation of voters' rolls and other matters. As enrolments and the preparation of voters' rolls are matters that are to be administered by the Melbourne City Council, section 56(1A) is replaced by a new section 56(1A) which provides a general regulation-making power. The heading of section 56 has been amended to reflect this. Clause 22 This clause substitutes Part 7 (which provides for transitional provisions relating to the removal of the Docklands area from the municipal district of the City of Melbourne) with a new Part 7. The new Part 7 provides transitional provisions for the return of the Docklands area to the municipal district of the City of Melbourne. PART 7--TRANSITIONAL Division 1--General Transitional Provisions New section 57--Definitions This new section 57 provides definitions for "appointed day" (being the date of commencement of section 4 of this Bill); "Crown Land Minister" (being the Minister for the time being administering the Crown Land (Reserves) Act 1978); and "Local Government Minister" (being the Minister for the time being administering the City of Melbourne Act 2001). 10

 


 

New section 58--Sewers and drains This new section 58 provides that on the appointed day, all public sewers and drains (including those in and under roads) in the Docklands area and all works and materials relating to those sewers and drains vested in the Authority are divested from the Authority and are deemed to be vested in the Melbourne City Council and are under the management and control of the Melbourne City Council. This new section does not apply to any sewers and drains vested in a Minister, the Crown or any public body other than the Authority. New section 59--Roads The new section 59 provides that on the appointed day all public highways in the Docklands area vested in fee simple in the Authority are divested from the Authority and vested in fee simple in the Melbourne City Council. The new section provides that it is subject to sections 36 and 37 of the Road Management Act 2004. Sections 36 and 37 prescribe co-ordinating road authorities and responsible road authorities under that Act. The new section provides for an exemption from this provision for public highways specified by the Minister administering the Docklands Act 1991 (after consulting with the Local Government Minister). This exemption power is required because there are a number of "paper roads" in the undeveloped areas of the Docklands area which should not become the responsibility of the Melbourne City Council and should remain with the Authority pending their closure and redevelopment. The section also provides for the Authority to be the road authority under the Roads Management Act 2004 for those roads in the Docklands area which are to remain the responsibility of the Authority (if any). New section 60--Authorised officers This new section 60 provides that any person who immediately before the appointed day was an authorised officer under section 35H (as in force before its repeal) is deemed to be appointed by the Melbourne City Council under section 224 of the Local Government Act 1989 as an authorised officer. Section 35H (repealed by this Bill) provides for the appointment by the Authority of authorised officers for the administration and enforcement of local laws and other laws relating to the municipal functions of the Authority. 11

 


 

New section 61--Rates The new section 61 provides that on and after the appointed day all rates and charges declared by the Authority under Part 3A (before its repeal) and not paid before the appointed day are payable to the Melbourne City Council. This section ensures that rate revenue is not lost with the return of the Docklands area to the municipal district of the City of Melbourne. New section 62--Transitional orders The new section 62 provides for the Governor in Council, on the joint recommendation of the Minister administering the Docklands Act 1991 and the Local Government Minister, to make Orders providing for any matter necessary or convenient to give effect to the return of the Docklands area to the municipal district of the City of Melbourne. The section provides that sections 220S(1) and 220S(2) (except paragraphs (h) to (j)) of the Local Government Act 1989 apply to transitional orders made under the new section 62. These sections provide (inter alia) that upon being published in the Government Gazette, these Orders have the like force and effect as if they were expressly enacted in the Local Government Act 1989. The section requires compliance with the Orders by Melbourne City Council and the Authority. New section 63--Voters' roll The new section 63 provides that the Local Government Minister may direct the Authority to provide information to Melbourne City Council on any voters' roll which existed in relation to the Docklands area immediately before the appointed day. New section 64--Indemnity The new section 64 provides that despite its repeal, section 35J continues to apply in relation to anything done before the appointed day in relation to a municipal function conferred on the Authority. Section 35J requires the Authority to indemnify and keep indemnified the directors of the Authority, Authority staff and any person exercising any function or power on behalf of the Authority against all actions or claims in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of any municipal functions conferred on the Authority. 12

 


 

New section 65--Authority and Melbourne City Council may enter into an agreement The new section 65 acknowledges that the Authority and Melbourne City Council may enter into an agreement in relation to any matter associated with the return of the Docklands area to the municipal district of the City of Melbourne. The section provides that such an agreement must provide for the prescribed matters and must not be inconsistent with this new Part 7 or any Order made under this new Part 7. Division 2--Land to be reserved New section 66--Reservation of land for public purposes This new section 66 provides that the Minister administering the Docklands Act 1991 and the Crown Land Minister may, upon receiving a plan of survey of certain land signed by the Surveyor- General and being satisfied that the land described on the plan of survey forms all or part of the land shown hatched on plan number LEGL06/071 lodged in the Central Plan Office of the Department of Sustainability and Environment, make a joint recommendation to the Governor in Council that the land shown on the plan of survey be reserved for public purposes. Upon receiving the recommendation, the Governor in Council may, by Order published in the Government Gazette, reserve the land on the plan of survey for public purposes. On publication of the Order in the Government Gazette, the land shown on the plan of survey (if vested in the Authority) is divested from the Authority, deemed to be unalienated Crown land freed and discharged from all limitations and deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes. If the land is unreserved Crown land (for example, Victoria Harbour), upon the publication of the Order, the land is deemed temporarily reserved under the Crown Land (Reserves) Act 1978 for public purposes. Further, if the Order so provides, Melbourne City Council is deemed to be the committee of management under the Crown Land (Reserves) Act 1978 of that land. This new section is subject to the new sections 68, 69 and 70 which provide for the preservation of existing leases, planning agreements and rights over the land entered into by the Authority before the land is reserved for public purposes. 13

 


 

The new section notes that nothing in this section prevents the re-reservation under this section of land that had previously been reserved under this section. New section 67--Surrender or divesting of land The new section 67 provides for the surrender and divesting of land in the Docklands area from the Authority to the Crown. This power is to be exercised (on the joint recommendation of the Minister administering the Docklands Act 1991 and the Crown Land Minister) by the Governor in Council by Order published in the Government Gazette. The Authority must comply with the Order. On the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of land that the Authority is required to surrender under section 67(1)(a) or the publication in the Government Gazette of an Order under section 67(1)(b), the land concerned is deemed to be unalienated Crown land and is freed and discharged from all limitations. When this occurs, the land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes and (if the Order so provides) the Melbourne City Council is deemed to be the committee of management under the Crown Land (Reserves) Act 1978 of that land. The relevant Ministers may only make a joint recommendation under this section if they are satisfied that the land is required for public purposes. This new section is subject to the new sections 68, 69 and 70, which provide for the preservation of existing leases, planning agreements and rights on title over the land entered into by the Authority before the land is reserved for public purposes. The new section 67 also provides that, if requested by the Secretary to the Department of Sustainability and Environment, the Authority must provide information to the Secretary on any surrender of land by, or divestment of land from, the Authority under this section. The new section also provides that nothing in this section prevents the re-reservation under this section of land that has previously been reserved under this section. 14

 


 

New section 68--Preservation of leases The new section 68 provides that the status or continuity of any lease or sub-lease (including an agreement, licence, option to renew or other interest arising under or in relation to a lease (whether or not the lease has expired) and an interest in the nature of a lease) of land that was entered into by the Authority immediately before the land was reserved under section 66 or 67 is not affected by that reservation. Where Melbourne City Council is the committee of management of the leased land, the lease will have effect as a lease between Melbourne City Council (as lessor) and the lessee for the time being under the lease, as if it had been assigned to the Melbourne City Council and as if it referred to the Melbourne City Council instead of to the lessor (however described). In all other cases, the lease will have effect as a lease between the Crown (as lessor) and the lessee for the time being under the lease, as if it had been assigned to the Crown and as if it referred to the Crown instead of to the lessor (however described). If requested by Melbourne City Council, the Authority must provide such information as the Council reasonably requires to the Council on any lease for which Melbourne City Council is to become lessor under section 68. The status or continuity of any sub-lease over that land is not affected by the reservation of that land under section 66 or 67. The new section 68 provides that it has effect despite anything to the contrary in any Act or law or in a Crown grant of the land and that nothing effected by the section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease. The new section 68 also provides that if the lease ends before the term of the lease expires, Melbourne City Council may grant a new lease over that land for a term up to the remaining term (including any option to renew) of the original lease, notwithstanding the current term for leases under the Crown Land (Reserves) Act 1978 being limited to 21 years. 15

 


 

New section 69--Preservation of planning agreements The new section 69 provides that the reservation of land under sections 66 or 67 and the operation of those sections do not affect the status or continuity of any agreement entered into by the Authority under section 173 of the Planning and Environment Act 1987 or section 24(2) of the Docklands Act 1991 existing immediately before the date of that reservation or the operation of sections 68 and 70. New section 70--Saving of rights The new section 70 provides that the reservation of land under the new section 66 or 67 does not affect any right existing over the land in favour of a person (other than the Authority) immediately before the date of that reservation. On and from the date of reservation, any such right has effect as if granted by the State. This section does not apply to leases and subleases under section 68, as these are preserved with the Melbourne City Council substituted as lessor. A "right" is defined under this section as any easement, right in the nature of an easement, covenant or any other right created on a registered plan of subdivision within the meaning of the Subdivision Act 1988 or recorded on a folio of the Register kept under the Transfer of Land Act 1958. New section 71--Secretary to keep register The new section 70 provides that the Secretary to the Department of Sustainability and Environment must keep a register of all rights referred to in section 70(1) and that the register is to contain information prescribed by regulation. Further, any person may inspect the register upon payment of the prescribed fee, if any. New section 72--Agreement to extinguish right The new section 72 provides that a person who is the beneficiary of a right referred to in section 70(1) and the Crown Land Minister may by agreement extinguish the right to the extent that it applies to the person or to land owned by that person. The section provides that the Secretary to the Department of Sustainability and Environment must record the extinguishment of a right by agreement under this section in the register kept under section 71. New section 73--No compensation payable The new section 73 provides that no compensation is payable by the Crown in respect of anything done or arising out of this new Division. 16

 


 

PART 4--AMENDMENT OF OTHER ACTS Clause 23 This clause amends Schedule 1 of the Congestion Levy Act 2005 to remove the reference to the Docklands area from the description of the "levy area" under that Act. This amendment is consequential to the return of the Docklands area to the municipal district of the City of Melbourne and does not affect the scope of the levy area. Clause 24 This clause repeals section 4(3) of the Emergency Management Act 1986. Section 4(3) applied the Act to the Docklands area as if the area were a municipal district and the Authority were a municipal council. Clause 25 This clause repeals sections 4(3B) and 50S(6) of the Environment Protection Act 1970. Section 4(3B) applies the Act to the Docklands area as if it were a municipal district, the Authority were a municipal council and the CEO of the Authority were a councillor. Section 50S(6) provides that for the purposes of the Division of the Act (relating to the landfill levy) the Docklands area is deemed to be a municipal district under the Act. Clause 26 This clause repeals sections 103(4) and 104(4) of the Melbourne City Link Act 1995. Section 103(4) provides that section 103 applies to powers conferred on the Authority as if a reference in the section to a council were a reference to the Authority. Section 104(4) refers to local laws made by the Authority under section 35D, which is being repealed by this Bill. Clause 27 This clause repeals sections 3(2) and section 4(2A) of the Metropolitan Fire Brigades Act 1958. Section 3(2) provides that the Act applies to the Docklands area as if a reference to a municipal district included a reference to the Docklands area; and a reference to a council included a reference to the Authority. Section 4(2A) provides that the metropolitan fire district includes the Docklands area within the meaning of the Docklands Act 1991. Clause 28 This clause repeals section 3(3) of the Public Holidays Act 1993. Section 3(3) provides that the Docklands area within the meaning of the Docklands Act 1991 is deemed to be a metropolitan district under that Act. 17

 


 

Clause 29 This clause repeals paragraph (c) of the definition of "relevant Road Minister" under section 3(1) of the Road Management Act 2004. This paragraph provides that the relevant Road Minister under that Act is the Minister administering the Docklands Act 1991 if the coordinating road authority is the Authority. Clause 30 This clause repeals section 2(2) of the Victorian Grants Commission Act 1976. Section 2(2) provides that the Act applies to the Docklands area as if it were a municipal district, the Authority were a council and the CEO of the Authority were a councillor. 18

 


 

 


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