Act No. 39/2004
__________________
Victoria
No. 39 of 2004
Mitcham-Frankston Project Act 2004[†]
[Assented to 8 June 2004]
ENDNOTES
Endnotes
[†] 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 |
|
|
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 |
|
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 |
3, 17–18, 20–23 |
|
3, 17, 18, 20–23 |
|
|
|
continuation |
66, 101 |
declarations |
143–145 |
definition |
3 |
Authorised officers |
244–248 |
Authorised persons |
207, 221, 251 |
Authority See Southern and Eastern Integrated
|
|
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 |
87 |
|
See also Land |
|
|
|
Subject |
Section |
|
|
|
|
acquired land in Project area |
36 |
definition |
3 |
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 |
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 |
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 |
221 |
|
vehicles driven on Mitcham-Frankston Freeway |
220 |
|
|
Subject |
Section |
|
|
133 |
|
definition |
3, 6 |
planning controls |
123–126 |
148 |
|
variations to |
7 |
works on public land in |
86–87 |
See also Project area; Utility infrastructure |
|
|
|
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 |
|
|
|
3, 202 |
|
definition |
3 |
evidentiary provisions |
222 |
198 |
|
records kept by Freeway Corporation regarding |
224 |
|
|
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 |
|
|
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 |
|
Authority's power |
34 |
|
|
Subject |
Section |
Cultural and Recreational Lands Act 1963 does not apply |
|
easements |
38–39 |
40 |
|
transfer of buildings, structures as compensation |
|
definition |
3 |
divesting, vesting for exercise of Authority's |
|
purchase of land outside Project area |
54, 119–120 |
Registrar of Titles' duties |
256 |
See also Crown land; Leases; Licences; Native
title; |
|
Land Minister |
88 |
|
|
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 |
119 |
|
|
|
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 |
122 |
|
term |
104 |
termination |
110 |
|
|
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 |
119 |
|
|
|
Subject |
Section |
|
|
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 |
122 |
|
term of |
91 |
termination |
97, 99–101 |
See also Utility infrastructure |
|
Minister |
|
delegation |
13 |
failure to consult |
255 |
powers and duties regarding |
|
15, 18, 21, 22 |
|
authorised persons |
251 |
changes to Project area, Extended Project area |
7 |
closure of Mitcham-Frankston Freeway |
147 |
227 |
|
declaration of roads |
143–145 |
disputes between Utilities and Authority or Freeway Corporation |
151, 153, 164, 184, 186–187, 189–192 |
10, 142, 166–168, 174–177 |
|
55–56, 61–62, 99, 112, 121 |
|
16 |
|
8 |
|
227 |
|
Utilities |
165, 167–168, 173 |
Minister administering the Planning and Environment Act 1987 |
|
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 |
|
|
continuation |
66, 101 |
declarations |
144–145 |
definition |
3 |
|
|
Subject |
Section |
|
|
acquisition of rights and interests |
|
acquired rights, interests vest in Crown |
48 |
additional compensation |
52 |
application of Land Acquisition and Compensation Act 1986 |
|
Cultural and Recreational Lands Act 1963 does not apply |
|
objections and Tribunal's determinations |
49–51 |
procedure |
49 |
definition of Native Title Act |
3 |
|
|
continuation |
66, 101 |
declarations |
144–145 |
definition |
3 |
Offences |
|
infringements |
207, 210–218 |
proceedings for |
207, 251–252 |
regarding |
|
209 |
|
hindrance of authorised officers |
247 |
information from Project parties |
243 |
non-compliance with emergency orders |
235 |
records kept by Freeway Corporation |
224–225 |
204–207, 219 |
|
Planning controls |
123–127 |
Police |
237, 239, 251–252 |
Premier |
3 |
3, 4, 240 |
|
|
|
|
|
definition |
3, 5 |
emergency access to |
239 |
Orders to bodies to act in relation to |
226 |
planning compensation |
127 |
3, 8, 129 |
|
variations to |
7 |
|
|
Project construction work (def.) |
3 |
|
|
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 |
|
|
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 |
|
|
Authority as committee of management |
85 |
continuation of roads in |
66 |
definition |
3 |
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 |
|
|
compensation for surrender, divesting |
79–83 |
definition |
3 |
surrender, divesting of public land in Project area |
55–58 |
86–87 |
|
|
|
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 |
|
|
|
Road authorities |
3, 135, 136, 139, 142 |
|
|
Subject |
Section |
|
|
amendments to |
262–278 |
|
|
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 |
142 |
|
road authorities' powers |
136 |
temporary closures |
138 |
Seizure |
76, 117 |
Service of documents |
250 |
Sheriff |
76, 117 |
Southern and Eastern Integrated Transport
|
|
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 |
133–138, 140 |
|
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 |
|
|
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 |
3, 195 |
|
trips (def.) |
3 |
vehicles (def.) |
3 |
See also Enforcement agencies, officers, officials |
|
3, 8, 129 |
|
|
|
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 |
|
|
|
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 |
|
|
definition |
3 |
liability for costs |
178–183 |
|
|
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 |
|
|
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 |
149–153 |
|
See also Disputes |
|
|
|
definition, determined by Premier |
3 |
determination of disputes between Utilities and |
151, 153, 164, 184, 186–187, 189–192 |
|
|
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 |
|
|
approvals from public bodies not required |
128 |
definition |
3 |
on public land, former project land |
86–87, 90 |
See also Utility infrastructure |
|