Victorian Numbered Acts

MITCHAM-FRANKSTON PROJECT ACT 2004 (NO 39 OF 2004) - NOTES

Act No. 39/2004

__________________

Victoria

No. 39 of 2004

Mitcham-Frankston Project Act 2004^[†]

[Assented to 8 June 2004]

^[†]     Minister's second reading speech—

    Legislative Assembly: 12 May 2004

    Legislative Council: 27 May 2004

    The long title for the Bill for this Act was "to make provision in relation to the construction and management of the Mitcham-Frankston Freeway, to amend section 85 of the Constitution Act 1975 and the Road Management Act 2004 and other Acts and for other purposes."

        Constitution Act 1975:

    Section 85(5) statement:

    Legislative Assembly: 12 May 2004

    Legislative Council: 27 May 2004

    Absolute majorities:

    Legislative Assembly: 26 May 2004

    Legislative Council: 1 June 2004

INDEX

Subject	Section
Act
amendments to other Acts	259–261
amendments to Road Management Act 2004	262–278
commencement	2
Crown bound by	14
purposes	1
Agreement
Act prevails over	24
amendments, Amending agreements	3, 17, 18, 20–23
appropriation	26
bonds, arrangements to secure performance of	31
Building and Construction Industry Security of Payment Act 2002 does not apply to Crown	130
commencement	19
deemed to be State contract	30
definition	3
enforcement	28
Government's duty to give effect to	25
Ministerial directions to give effect to	173
Minister's power to enter into	15
no duties payable in relation to	253
no warranties given	29
notice requirements	18, 22
property transfer provisions	32
revocation	22
security provisions	33
specific performance of State under	27
tabling in Parliament	21
variations, variation statements	3, 17–18, 20–23
Amending agreements	3, 17, 18, 20–23
Arterial roads
continuation	66, 101
declarations	143–145
definition	3
Authorised officers	244–248
Authorised persons	207, 221, 251
Authority See Southern and Eastern Integrated Transport Authority
Compensation
denial of access after road closure	141
divested, surrendered land, revoked reservations	79–83
early entry into possession of Project land	72
occupiers refusing to give up possession	76
planning matters	127
works on public land in Extended Project area	87
See also Land
Subject	Section
Councils See Municipal councils
Crown land
acquired land in Project area	36
definition	3
surplus land in Project area	3, 121–122
surrender of Councils', public authorities' interests	56
temporary access to	88
See also Reserved land
Definitions	3, 67, 76, 88, 90, 117, 158, 193, 207, 219, 221, 227, 230, 231, 239, 241
Department heads	3, 226, 228
Department of Infrastructure	44, 81, 221
Disputes
decision makers (def.)	3
determinations	189–193
Ministerial directions to implement determinations	165
referrals to Minister, Utility Minister regarding
consent to works by Utilities	151, 153
notified infrastructure	164
relocation, rectification work	184, 186–187
Easements	38–39
Emergencies
closure of Mitcham-Frankston Freeway	147
emergency access to Project area	239
emergency management	238
emergency orders	232–237
Utilities' powers	148
Enforcement agencies, officers, officials
definition of enforcement agencies	3
disclosure of information by VicRoads to	223
enforcement officers	3, 208–210, 213–214, 219
enforcement officials	219
notification of non-payment of tolls	207
power to bring proceedings	251
Entry powers	76, 117, 246
Evidence
authorised officers	245, 248
certificates of Authority	248
certificates of Freeway Corporation	222, 249
drivers of vehicles	199, 219
fixing of tolls, toll administration fees	195
identity cards of enforcement officers	209
owners, registration of vehicles	221
vehicles driven on Mitcham-Frankston Freeway	220
Subject	Section
Extended Project area
Authority's powers regarding roads in	133
definition	3, 6
planning controls	123–126
Utilities' powers to use vehicles on roads in	148
variations to	7
works on public land in	86–87
See also Project area; Utility infrastructure
Freeway Corporation
certificates of as evidence	222, 249
challenges to validity of certain decisions	193
declarations	10
definition	3
delegation	12
disclosure of information by VicRoads to	223
inspection of records, systems, equipment of	246–247
Ministerial directions to	166–168, 174–177, 193
not a public authority	11
powers regarding roads	132, 139, 140, 142
provision of information to Authority by	242–243
records kept by	224–225
See also Agreement; Tolls; Utility infrastructure
Freeway use agreements
declared freeway use agreements	3, 202
definition	3
evidentiary provisions	222
exemptions from tolls for vehicles subject of	198
records kept by Freeway Corporation regarding	224
Freeways
continuation	66, 101
declarations	143, 145
definition	3
Highways	143–145
Independent Reviewer	231–237
Infringements
form of notices	211
non-payment of penalty	218
penalties and payment of penalties	212–213, 215–216
prosecution after service of notices	217
service of notices	207, 210
withdrawal of notices	214
Land
acquisition
acquired land deemed to be reserved	37, 41
acquired land vests in Crown	36
adjoining land as compensation	45
application, modification of Land Acquisition and Compensation Act 1986	35, 41–43
Authority's power	34
Subject	Section
Cultural and Recreational Lands Act 1963 does not apply	46
easements	38–39
leases and licences of Crown	40
transfer of buildings, structures as compensation	44
definition	3
divesting, vesting for exercise of Authority's powers regarding roads	133
purchase of land outside Project area	54, 119–120
Registrar of Titles' duties	256
See also Crown land; Leases; Licences; Native title; Project land; Public land; Reserved land
Land Minister	88
Leases
acquisition of land held under Crown leases	40
amendment	109
application of other Acts to	129, 131
application of Part 5, Division 3	102
application of Part 5, Division 5	113
conditions	105–107
grant	103
interim leases for reserved project land	115–118
land purchased by Authority	119
leased land
declarations of roads on	143, 145, 146
definition	3
interim operation	112
limitations on Councils' powers	229
mineral resources, extractive industries on	131
no land tax, rates, charges payable	253–254
lessee (def.)	3
mortgages	108
registration	256
renewal	111
sub-leases	107
strata of land	106
surplus land	122
term	104
termination	110
Licences
acquisition of land held under Crown licences	40
amendment	96
application of other Acts to	129, 131
application of Part 5, Division 2	89
application of Part 5, Division 5	113
conditions	92–94
evidentiary provisions	248
interim licences for reserved project land	114, 116–117
issue	90
land purchased by Authority	119
Subject	Section
licensed land
declarations of roads on if licence terminated	143–146
definition	3
emergency orders	232–237
limitations on Councils' powers	229
mineral resources, extractive industries on	131
no land tax, rates, charges payable	253–254
revocation of temporary reservations	99–101, 112
roads on	142
licensee (def.)	3
mortgages	95
renewal	98
sub-licences	94
strata of land	93
surplus land	122
term of	91
termination	97, 99–101
See also Utility infrastructure
Minister
delegation	13
failure to consult	255
powers and duties regarding
Agreement and amendments to Agreement	15, 18, 21, 22
authorised persons	251
changes to Project area, Extended Project area	7
closure of Mitcham-Frankston Freeway	147
Councils	227
declaration of roads	143–145
disputes between Utilities and Authority or Freeway Corporation	151, 153, 164, 184, 186–187, 189–192
Freeway Corporation	10, 142, 166–168, 174–177
land	55–56, 61–62, 99, 112, 121
Project Documents	16
traffic control centre	8
VicRoads	227
Utilities	165, 167–168, 173
Minister administering the Planning and Environment Act 1987	7, 8, 124
Mitcham-Frankston Freeway	3, 143, 145, 147
Municipal councils
compensation for land	80–83
definition of Council	3
Ministerial directions to	227
Orders to act in relation to Project area	226
powers, limitations on powers	228–230
surrender, divesting of land in Project area	55–58
Municipal roads
continuation	66, 101
declarations	144–145
definition	3
Subject	Section
Native title
acquisition of rights and interests
acquired rights, interests vest in Crown	48
additional compensation	52
application of Land Acquisition and Compensation Act 1986	47
Cultural and Recreational Lands Act 1963 does not apply	53
objections and Tribunal's determinations	49–51
procedure	49
definition of Native Title Act	3
Non-arterial State roads
continuation	66, 101
declarations	144–145
definition	3
Offences
infringements	207, 210–218
proceedings for	207, 251–252
regarding
enforcement officers	209
hindrance of authorised officers	247
information from Project parties	243
non-compliance with emergency orders	235
records kept by Freeway Corporation	224–225
tolls, tolling devices	204–207, 219
Planning controls	123–127
Police	237, 239, 251–252
Premier	3
Project	3, 4, 240
See also Agreement; headings beginning with Project
Project area
definition	3, 5
emergency access to	239
Orders to bodies to act in relation to	226
planning compensation	127
traffic control centre in	3, 8, 129
variations to	7
See also Land; Leases; Licences
Project construction work (def.)	3
Project Documents
appropriation	26
definition	3
definition of Project party	241
inspection of records, equipment of parties to	246–247
Minister's power to enter into	16
provision of information to Authority by parties to	242–243
specific performance of State under	27
Subject	Section
Project land
definition	67
entry into possession
Authority's powers, duties	68–69
continued occupation without agreement	74
extension of occupation	73
recovery of rent	75
refusal to give up possession	76–77, 117–118
service of notices regarding	78
time for	70–72
former project land (def.)	90
reservation date (def.)	67
reserved project land
Authority as committee of management	85
continuation of roads in	66
definition	3
interim leases and licences for	113–118
revocation of reservation	127
strata of Crown land as	84
Public authorities
definition	3
Orders to act in relation to Project area	226
powers	228
surrender, divesting of land in Project area	55–58
Public land
compensation for surrender, divesting	79–83
definition	3
surrender, divesting of public land in Project area	55–58
works on public land in Extended Project area	86–87
See also Leases; Licences
Regulations	258
Reserved land
acquired land in Project area deemed to be	37, 41
application of Crown Land (Reserves) Act 1978	9
definition of reserved Crown land	3
discontinued roads	137
issue of licences for	90
reservation of strata of Crown land	3, 84
revocation of reservations
compensation	79–83
land within Project area	59–65, Sch. 1
licensed land on termination of licence	99–101, 112
surrendered, divested land in Project area deemed	57–58
temporary access to	88
works on	86
See also Project land
Reserved project land See Project land
Road authorities	3, 135, 136, 139, 142
Subject	Section
Road Management Act 2004
amendments to	262–278
Roads
Authority's powers	133–138, 140
continuation	66, 101
declarations	143–146
definition	3
discontinuance
compensation for denial of access	141
divested, surrendered public land	57
notice	137
restrictions on powers regarding	140
revoked declarations	145
revoked reservations	63, 100
Freeway Corporation's powers	132, 139, 140, 142
on licensed land	142
road authorities' powers	136
temporary closures	138
Seizure	76, 117
Service of documents	250
Sheriff	76, 117
Southern and Eastern Integrated Transport Authority
certificates as evidence	248
powers and duties regarding
authorised officers	244–245
consent to Utility infrastructure works	150–151
planning controls	123–125, 127
provision of information by Project parties	242–243
roads	133–138, 140
Utility agreements	157, 158
See also Disputes; Land; Native title
State
functions, duties in relation to Agreement	25–33
powers to control Project	240
Strata of land	3, 84, 93, 106
Supreme Court
limitation of jurisdiction	257
Tolls
charging of	200
commencement	196
definition	3
evidentiary provisions	195, 199, 219–222
exemptions	198
fixing of	195
Freeway Corporation's powers	194–195
infringements	207, 210–218
interference with prescribed tolling devices	206
liability for offences	219
liability for payment of	197, 199
Subject	Section
non-payment of	204–205, 207
owners (def.)	3
payment of	201
prescribed tolling system not surveillance device	203
records kept by Freeway Corporation regarding	224–225
sworn statements, statutory declarations	199, 219
toll administration fees (def.)	3
toll zones	3, 195
trips (def.)	3
vehicles (def.)	3
See also Enforcement agencies, officers, officials
Traffic control centre	3, 8, 129
Tribunal See Victorian Civil and Administrative Tribunal
Utilities
certain powers not affected	148
definition	3
easements	39
Ministerial directions to	165, 167–168, 173, 193
See also Disputes; headings beginning with Utility
Utility agreements
amendment	158
approval	3, 157, 158, 193
definition	3
directions regarding works required under	165
matters provided for (general)	155
power to enter into	154
regarding, providing for
access to licensed land for Utility works	152
notified, unnotified infrastructure	160, 163, 171, 173
requirements for	156
Utility infrastructure
definition	3
liability for costs	178–183
notified Utility infrastructure
consultation requirements	163
definition	3
identification	159
Ministerial directions as to works required	165–168
notice requirements	160–162
referral to Ministers if no agreement	164
relocation, rectification work
certification	185–188
costs of	178–179, 181, 184
definition of rectification	3
further work required	185–187
provided for in Utility agreements	155
standards	156, 174, 179, 181
Subject	Section
unnotified Utility infrastructure
agreements regarding	171
definition	3
Freeway Corporation's duties on discovery of	169
inability to identify owner, operator	172, 185
Ministerial directions as to works required	173–177
notice requirements	169–170
Utilities' failure to notify, respond to requests	172, 182
works in Extended Project area, on licensed land	149–153
See also Disputes
Utility Ministers
definition, determined by Premier	3
determination of disputes between Utilities and Authority or Freeway Corporation	151, 153, 164, 184, 186–187, 189–192
VicRoads
certificates of as evidence	221
definition	3
disclosure of registration information by	223
may not declare roads on licensed, leased land	146
Ministerial directions to	227
transfer of buildings, structures	44, 81
Victorian Civil and Administrative Tribunal	49–51
Warrants	76, 117
Works
approvals from public bodies not required	128
definition	3
on public land, former project land	86–87, 90
See also Utility infrastructure