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Melbourne City Link (Further Amendment) Bill
Circulation Print
EXPLANATORY MEMORANDUM
General
This Bill establishes a further power to licence land for the purposes of the
Project; provides further information provisions in relation to tolled exempt
vehicles; and establishes the office of Director, Melbourne City Link.
Clause Notes
Clause 1 sets out the purposes of the Bill, which relate to licensing Crown
land for purposes of the Project, providing further information
provisions in relation to tolled exempt vehicles and establishing
the office of Director, Melbourne City Link.
Clause 2 provides for the Bill to come into operation on a day or days to
be proclaimed or 1 February 2003 at the latest.
Clause 3 amends the definition section of the Principal Act to include the
definitions of "Director", "licence holder", "licence area" and
"reserved land".
Clause 4 inserts new sections 6A and 6B into the Principal Act to establish
the office of Director, Melbourne City Link and to confer
functions and powers on the Director.
Clause 5 inserts the reference to the "licence holder" in section 18(2)(b) of
the Principal Act to provide that the State and its public
authorities are not liable for the acts or omissions of the licence
holder.
Clause 6 inserts new Part 2A into the Principal Act to temporarily reserve
specified land for public purposes, being in particular, the
purposes of the Project, under section 4(1) of the Crown Land
541212 BILL LA CIRCULATION 18/10/2001
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(Reserves) Act 1978 and to enable the issuing of licenses for the
purposes of the Project.
New section 20A in new Part 2A revokes the Orders in Council
as specified in the new Schedule 8 in so far as they relate to the
land shown hatched on the plans numbered LEGL./01-111 and
LEGL./01-113 and re-reserves that land for the purposes of the
Project, under section 4(1) of the Crown Land (Reserves) Act
1978.
New section 20B in new Part 2A reserves the unreserved Crown
land shown hatched and cross hatched on the plans numbered
LEGL./01-112, LEGL./01-117, LEGL./01-118, LEGL./01-119,
LEGL./01-120, LEGL./01-121 and LEGL./01-122 for the
purposes of the Project, under section 4(1) of the Crown Land
(Reserves) Act 1978. Where such land is declared road under the
Transport Act 1983 or a public highway under the Local
Government Act 1989 prior to the commencement of this new
section, such land will be deemed to retain that road status.
New section 20C in new Part 2A enables land to be reserved
under section 5 of the Crown Land (Reserves) Act 1978 for the
purposes of the Project.
New section 20D in new Part 2A requires the Minister
administering the Crown Land (Reserves) Act 1978 to consult
with the Minister administering the Principal Act before
appointing a committee of management under the Crown Land
(Reserves) Act 1978 for land reserved for the purposes of the
Project.
New Section 20E empowers the Minister administering the
Principal Act, after consulting the Minister administering the
Crown Land (Reserves) Act 1978 to issue a licence in
accordance with the Agreement to enter and use the whole or any
part of land reserved for the purposes of the Project.
New Section 20F excludes certain Acts from applying to the
whole or any part of licensed area.
New Section 20G authorises the Registrar of Titles to make the
necessary entries in the land registers.
Clause 7 amends section 73D(1) of the Principal Act dealing with the
information to be given in relation to registered vehicles.
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Clause 8 amends section 94 of the Principal Act to confer on a licence
holder the same protections and immunities as the Roads
Corporation has under the Transport Act 1983 and at common
law in relation to the construction, operation, maintenance,
management and control of highways. The licence holder only
has these protections and immunities in the carrying out of its
functions under the Agreement, the Bill and the other legislation
specified.
Clause 9 amends section 96(3) of the Principal Act to provide that no land
tax is payable by the licence holder.
amends section 96(4) of the Principal Act to provide that licensed
areas are not rateable land within the meaning of section 154 of
the Local Government Act 1989.
amends section 96(5) of the Principal Act to provide that service
charges are not payable under section 221 of the Local
Government Act 1989 in respect of licensed areas.
Clause 10 inserts new Schedule 8 into the Principal Act describing the
reservations being revoked by new section 20A.
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