Victorian Numbered Acts

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MITCHAM-FRANKSTON PROJECT ACT 2004 (NO 39 OF 2004) - SECT 193

No appeal or review

    (1)     In this section "decision" means—

        (a)     an approval under section 157; or

        (b)     a direction made or purporting to be made under section 165, 166, 173, 174 or 175; or

        (c)     a determination made or purporting to be made under Division 8.

    (2)     Subject to sub-section (5), a decision is final and binding on the Freeway Corporation and the Utility.

    (3)     Subject to sub-section (5), no appeal may be made to a court in respect of the decision.

    (4)     Subject to sub-section (5), no proceedings—

        (a)     seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration or injunction; or

        (b)     seeking any order under the Administrative Law Act 1978

(whether on the ground of absence of jurisdiction or any other ground) may be brought against any decision-maker in respect of a decision or any proceedings relating to that decision or any other act, matter or thing incidental to the making of that decision.

    (5)     Nothing in this section prevents the Freeway Corporation from challenging the validity of a decision if the Freeway Corporation believes that compliance with the decision     would place it in breach of the Agreement.

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PART 9—TOLLS



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