MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009

Victorian Current Acts

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MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
3A. Transport Integration Act 2010
4. Meaning of application fee
4A. References to reserved Crown land
5. Objects
6. Project Minister may appoint entity to be the project authority for an approved project
7. Designation of project contractor
8. Application of Crown Land (Reserves) Act 1978
9. Act to bind the Crown

PART 2--MAJOR TRANSPORT PROJECT DECLARATIONS

10. Declaration of a transport project
12. Assessment of transport project before declaration
13. Project declaration guidelines
14. Premier must appoint Minister to be the Project Minister for a declared project
15. Project Minister must appoint project proponent
15A. Delegation by Project Minister
15B. Planning Minister may declare associated works

PART 3--ASSESSMENT AND APPROVAL OF MAJOR TRANSPORT PROJECTS

Division 1--Guidelines for this Part

16. Project proposal guidelines
17. Impact assessment guidelines
18. Publication fee guidelines

Division 2--Project proposals

19. Preparation of project proposal

Division 3--Determination of appropriate impact assessment process

20. Planning Minister must make determination as to appropriate impact assessment
21. Effect of determination

Division 4--Impact management plans

22. Specification of matters to be considered and addressed in impact management plan
23. Planning Minister may request further information in exceptional circumstances
24. Determining 25 business day period for the preparation of scoping directions
25. Project proponent must consult with specified persons as directed by Planning Minister
26. Project proponent must comply with this Division
27. Content of impact management plans
28. Impact assessment guidelines must be had regard to when preparing impact management plan
29. Completed impact management plan to be given to Planning Minister

Division 5--Comprehensive impact statements

30. Specification of matters to be considered and addressed in comprehensive impact statements
31. Planning Minister may request further information or public comment and submissions in exceptional circumstances
32. Determining the 25 business day period for scoping directions after notice for further information
33. Extension of period of time for preparation of scoping directions because of public consultation
34. Amendment of scoping directions by Planning Minister
34A. Amendment of scoping directions on application by project proponent
35. Establishment of assessment committee
36. Content of terms of reference for assessment committee
37. Publication of assessment committee terms of reference
38. Project proponent must comply with this Division
39. Content of comprehensive impact statements
40. Impact assessment guidelines must be had regard to when preparing comprehensive impact statement
41. Submission of comprehensive impact statement to Secretary
42. Consideration of comprehensive impact statement by Secretary
42A. Appointment of person where Secretary is project proponent
43. Revisions to draft comprehensive impact statements
44. Application
45. Time period for public exhibition
46. Public exhibition of comprehensive impact statement
47. Notification of public exhibition of comprehensive impact statement
48. Content of public notice of comprehensive impact statement
49. Public availability of comprehensive impact statement
50. Notification of applicable law decision makers of public exhibition of comprehensive impact statement
51. Comprehensive impact statements to be given to agencies and applicable law decision makers
51A. Development licences
52. Public submissions on comprehensive impact statements
53. Assessment committee must disclose properly made submissions unless they are confidential
54. Review of submissions by assessment committee
55. Public submissions on comprehensive impact statements to be given to project proponent
56. Consultation with persons who have made submissions to clarify matters in submissions
57. Preliminary hearings
58. Notification of preliminary hearings
59. Comprehensive impact statement issues report or statement
61. Project proponent must review comprehensive impact statement
62. Publication and submission of revised comprehensive impact statement
63. Assessment committee to be notified of publication
64. EPA to advise Planning Minister regarding development licences
65. Advice of applicable law decision makers in relation to application of applicable law criteria
66. Notification of formal public hearing to be conducted
67. Direction to project proponent to publish formal public hearing time and place on Internet
68. Conduct of formal public hearing by assessment committee
69. Consideration of further assessments arising out of a formal public hearing or submissions
70. Assessment committee may request further information from project proponent
71. Planning Minister may direct project proponent to undertake a supplementary assessment
72. Supplementary assessments of further options
73. Assessment committee recommendations
74. Specific applicable approval—Environment protection development licences

Division 6--Interaction with the Aboriginal Heritage Act 2006

75. Giving and notification of cultural heritage management plans

Division 7--Approval decisions

76. Application of Division
77. Approval decisions
78. Approval decisions for planning scheme amendments
79. Consultation required in impact management plan cases
80. Contents of approval decisions
81. Time within which approval decision must be made
82. Giving and publication of approval decision
83. Publication of assessment committee recommendation
84. Effect of approval decision granting the applicable approvals for a declared project
85. Modification of application of the Planning and Environment Act 1987
86. Amendments to provisions of planning schemes must not require planning permit for works
87. Modification of the application of the Flora and Fauna Guarantee Act 1988
88. Modification of the application of the Heritage Act 2017

Division 8--Approval decision variations

89. Applications for variations
90. Planning Minister to make determination on application
91. Application of Part to variation sought by project authority
92. Development of approved project may continue in some cases while a variation sought

Division 9--Other matters

93. Correction of mistakes
94. Reports to the Premier in relation to compliance with time limits under this Part

PART 4--THE PROJECT AREA

95. Designation of project area
96. Variations to project area
97. Consolidated plans for project area
98. Planning scheme amendment powers of Planning Minister in relation to variations to project area
98A. Plans to be published on the Internet

PART 5--A PROJECT AUTHORITY'S FUNCTIONS AND POWERS

Division 2--Functions and powers of a project authority

101. A project authority's functions
102. A project authority's powers
102A. Project authority to be referral authority
103. Delegation—to staff and members
104. Delegation—when the Secretary is the project authority
105. Delegation—to the project contractor
106. Sub-delegations by project contractor
107. Application of Interpretation of Legislation Act 1984 to sub‑delegations by project contractor
108. Project contractor to notify project authority before performing a road function
109. Project authority subject to Project Minister direction or control

Division 3--End of declared project

110. Notification of completion of approved project
111. Effect of notification of completion of an approved project

PART 6--PROJECT DELIVERY

Division 1AA--Dealing in land before designation of project area and with specified entities

111A. Definition
111B. Powers of project authority and project proponent to deal in land before designation of project area
111C. Powers of project authority to deal in land with specified entities after designation of project area
111D. Land Acquisition and Compensation Act 1986 does not apply

Division 1--Acquisition of land in the project area

112. Powers of acquisition
113. Application of Land Acquisition and Compensation Act 1986
113A. Notice of acquisition
114. Vesting of acquired land
115. Certain acquired land taken to be reserved
116. Acquisition of easement—easement in gross
117. Effect of extinguishment of utility easements
118. Modification of Land Acquisition and Compensation Act 1986—general
120A. Planning compensation
122. Modification of Land Acquisition and Compensation Act 1986—regulations
123. Transfer of building or structure as compensation
124. Adjoining land may be provided as compensation

Division 2--Acquisition of native title rights and interests

125. Application of Division
126. Project Minister may order compulsory acquisition
127. Compulsory acquisition of native title rights and interests
128. Acquired right or interest to vest in Crown
129. Procedure for acquisition
130. Referral of objections to VCAT
131. Determination of VCAT on objection
132. Disputed claims for compensation—native title land

Division 3--Acquisition of land outside the project area

133. Power of project authority to purchase land

Division 4--Provision of public land and Council land

134. Order for surrender, divesting or acquisition of land of public authorities and Councils
135. Surrender of interests in unreserved Crown land
136. Effect of surrender or divesting to, or acquisition by, the Crown
136A. Effect of divesting to or acquisition by project authority
137. Temporary reservation may be amended or revoked
137B. Surrender of land by project authority
138. Land Acts not to apply
139. Revocation of reservations—entire reservation
140. Revocation of reservations—part of reservation
141. Effect of revocation of reservation
142. Temporary reservation may be amended or revoked
142A. Other Crown land to be designated for approved project
142B. Grant of Crown land to project authority
143. Minister to be notified of reservation
144. Orders may continue or declare roads
145. Compensation—general
146. Compensation for Councils in certain circumstances
147. Transfer of building or structure as compensation
148. Adjoining land may be provided as compensation
149. No other compensation payable

Division 5--Entry into possession of certain project land

151. Power to enter into possession
152. Project authority must try to obtain agreement
153. Time for entry into possession—general
154. Time for entry into possession—residence or business
155. Early entry of place of residence or business
155A. Entry into possession of underground land
156. Occupation may be extended by agreement
157. Continued occupation without agreement
158. Recovery of rent
159. Proceedings where refusal to give up possession
160. Certain legislation not to apply

Division 6--Underground land

161A. Application of Division
162. Declaration of underground land as project land
162A. Effect of declaration of underground land as project land
162B. Easements below ground level
163. Compensation—underground land
164. Transfer of building or structure as compensation
165. Compensation for denial of access
165A. No other compensation payable

Division 7--Management of land for project

165B. Power of entry on land before designation of project area
165C. Power of entry on land after designation of project area
165D. Power of temporary occupation
165E. Notice of temporary occupation
165F. Power to investigate and remove trees and vegetation
165G. Power to install temporary ground supports
165H. Obligations in relation to exercise of powers
165I. Project authority to prepare condition report for occupied land
165J. Project authority to fence lands before using them
165K. Compensation for entry or temporary occupation
165L. Rent for temporary occupation
165M. Liability of project authority for nuisance
165N. Obstruction of temporary occupation
166. Project authority appointed committee of management
167. Project authority may enter, occupy, use and carry out works on certain land
168. Licence or tenancy agreement under Crown Land (Reserves) Act 1978
168A. Project authority may carry out or authorise associated works
169. Project authority liable to pay compensation to persons whose interests are affected
171. Powers in relation to easements
171A. Transfer of easements to utilities or transport bodies
172. Application
173. Project authority may issue licence for purposes of approved project
174. Term of licence
175. Conditions of licence
176. Application
177. Leasing powers
178. Term of lease over project land that is Crown land
179. Conditions of lease
180. Surplus land
181. Dealing with surplus Crown land
182. Removal of reservation of Crown land before estates or interests granted under section 181
183. Reservation of surplus land—Crown
184. Project authority may enter into agreements for surplus land
185. Disposition of surplus land—fee simple land

Division 8--Road management

186. Works powers in relation to roads
186A. Power to discontinue or realign a road
186B. Effect of notice of discontinuance of road
186C. Effect of notice of realignment of road
186D. Other powers relating to the management of roads and traffic
186E. Notification of exercise of road powers relating to temporary deviations and road closures
187. Project authority to advise coordinating road authority before exercising power
188. Exercise of road powers by relevant road authorities
189. Project authority consent required for certain road works or to discontinue a road
191. Compensation for denial of access following discontinuation or realignment of road
191A. Compensation for temporary diversions or deviations of road that deny access
192. Compensation for affected utilities
193. Declaration of roads
194. Power to revoke declaration
195. Road authority may not declare roads in project area if not the project authority
195A. Powers concerning the leaving standing of vehicles in parking areas on roads
195B. Removal of stationary vehicles
195C. Power to move other obstructions
195D. Recovery of costs incurred for moving and storing vehicles and other obstructions
195E. Secretary may disclose certain information for the purposes arranging the moving of vehicles from closed roads

Division 9--Restricted access areas

196. Restricted access areas
197. Appointment of authorised officers
198. Identification of authorised officers
199. Project authority may authorise persons to be in restricted access areas
200. Project authority may warn people to leave restricted access area
201. Warning people to leave restricted access area
202. Direction not to enter restricted access area
203. Offence to enter any part of restricted access area
204. Offence not to produce certificate on demand
205. Offence to hinder or obstruct authorised officer
206. Evidence as to area being marked off

Division 10--Other matters

207. Cultural and Recreational Lands Act 1963
207A. Effect of a stratum of Crown land becoming project land

PART 7--INTERFACE WITH UTILITIES

Division 1--Interpretation

208. Definitions
209. Meaning of unnotified utility infrastructure
210. Meaning of utility agreement

Division 2--Utility infrastructure notification and identification

211. Project authority must identify all utility infrastructure and utilities
211A. Project authority may notify identified utility for utility to notify location of its utility infrastructure
212. Utility must comply with project authority notice

Division 3--Negotiation of utility agreements

213. Negotiation trigger notice
214. Reasonable endeavours must be used to negotiate utility agreement during negotiation period
215. Ministers to be notified if no agreement is reached

Division 4--Dispute resolution if there is no agreement

216. Project authority or utility can commence dispute resolution procedure
217. Parties must use reasonable endeavours to agree to expert for the purposes of dispute
218. Notification of Project Minister
219. Project Minister must appoint expert agreed to by parties
220. Project Minister must choose expert where there is no agreement by the parties as to the expert
221. Fees of, and costs incurred by, expert
222. Immunity for expert
223. Expert to commence dispute resolution within 5 business days after appointment
224. Determination of procedure by expert
225. Parties may make submissions
226. Determination of expert resolving dispute
227. Termination of approved utility agreement
228. Expert may engage legal and other assistance
229. Parties are liable to Project Minister for expert's costs paid by the Minister
230. Appeal to Supreme Court from a determination of expert
231. Model utility agreement guidelines

Division 5--Unnotified utility infrastructure

232. Notification in relation to unnotified utility infrastructure
233. Removal, relocation or protection of unnotified utility infrastructure
234. Damage to unnotified utility infrastructure

PART 8--ASSESSMENT COMMITTEES

Division 1--Establishment of assessment committees

235. Establishment of assessment committees
236. Function of assessment committees
237. Membership of committees
238. Terms of appointment
239. Resignation
240. Procedure at committee meetings
241. Consultation
242. Disclosure of interests

Division 2--Hearings

243. Directions about hearings
244. Hearings to be in public
245. General procedure for hearings
246. Who may appear before an assessment committee?
247. Effect of failure to attend hearing
248. Committee may hear two or more submissions together
249. Adjournment of hearings
250. Technical defects
251. Committee may take into account any relevant matter
252. Offences
253. Project proponent to pay assessment committee's costs

PART 9--GENERAL

254. Secretary may delegate powers to employees
254A. Public officials to expedite projects
255. Enforcement of Building Act 1993
256. Taxes and duties
257. Rates and charges
258. Limitation on powers of Councils to make local laws
258A. Approval of Councils not required
259. Action by Registrar of Titles
260. Exclusion of proportionate liability under Wrongs Act 1958
261. Time limit for proceedings for reviews of approval decisions
262. Reviews of approval decisions
263. No appeal or review of decisions under Parts 1, 2, 3 or 4 (except approval decisions)
264. How notices or documents may be given
265. Supreme Court—limitation of jurisdiction
266. Regulations

PART 10--TRANSITIONAL PROVISIONS--MAJOR TRANSPORT PROJECTS FACILITATION AMENDMENT (EAST WEST LINK AND OTHER PROJECTS) ACT 2013

267. Project proponent of already declared projects may resubmit project proposal

PART 11--TRANSITIONAL PROVISIONS--MAJOR TRANSPORT PROJECTS FACILITATION AMENDMENT ACT 2019

268. Definitions
269. Identification of utility infrastructure and utilities for the purposes of North East Link Project
270. Utility responses in relation to location of utility infrastructure for the purposes of North East Link Project

PART 12--TRANSITIONAL PROVISIONS--SUBURBAN RAIL LOOP ACT 2021

271. Entry or temporary occupation under the Land Acquisition and Compensation Act 1986
272. Compensation in relation to underground land
273. Compensation in relation to public land
274. Temporary access to Crown land
275. Exercise of powers relating to roads
276. Compensation for relocated roads
277. Compensation for utilities affected by relocated roads
SCHEDULE 1
ENDNOTES

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