Victorian Numbered Acts Victorian Numbered Acts(1) In this Act—
"Agreement" means—
(a) the agreement for the Project entered into under section 15 and the exhibits to that agreement; or
(b) if all or any of the provisions of the agreement for the Project entered into under section 15 or the exhibits to that agreement are amended, the agreement and the exhibits as so amended;
"Amending agreement" means an Amending agreement under section 17(1) ;
"approved Utility agreement" means a Utility agreement that is approved by the Authority under section 157;
"arterial road" has the same meaning as it has in the Road Management Act 2004 ;
"Authority" means the Southern and Eastern Integrated Transport Authority established under the Southern and Eastern Integrated Transport Authority Act 2003 ;
"business day" means a day that is not—
(a) a Saturday or a Sunday; or
(b) a day that is appointed as a public holiday or public half-holiday throughout the whole of Victoria under the Public Holidays Act 1993 ;
"Central Plan Office" means the Central Plan Office of the Department of Sustainability and Environment;
"Council" has the same meaning as it has in the Local Government Act 1989 ;
"Crown land" includes a stratum of Crown land;
"decision-maker" , in Part 8, means—
(a) the Minister and the Utility Minister; or
(b) a person appointed under section 189;
"declared freeway use agreement" means an agreement in a class of agreements declared under section 202 to be declared freeway use agreements;
"Department Head" has the same meaning as it has in the Public Sector Management and Employment Act 1998 ;
"enactment" means an Act or a regulation under an Act;
"enforcement agency" means—
(a) the Chief Commissioner of Police; or
(b) if another person is prescribed by the regulations to be the enforcement agency with respect to all or any part of the enforcement agency's functions, that other person in respect of those functions;
"enforcement officer" means a person appointed under section 208 ;
"Extended Project area" has the meaning given by section 6 ;
"freeway" has the same meaning as it has in the Road Management Act 2004 ;
"Freeway Corporation" , in relation to a provision of this Act, means the person who, for the time being, is declared under section 10 to be the Freeway Corporation in relation to that provision;
"freeway use agreement" means—
(a) an agreement between the
Freeway Corporation and another person for the use of a vehicle on the
Mitcham-Frankston Freeway; or
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(b) a declared freeway use agreement;
"land" includes a stratum of land;
"lease" in Division 3 of Part 5, means a lease granted under section 103 ;
"lessee" means a person who is for the time being the lessee under a lease granted under section 103;
"leased land" means land that is the subject of a lease granted under section 103;
"licence" in Division 2 of Part 5, means a licence issued under section 90(1) or 90(2);
"licensee" means—
(a) a person who is for the time being the holder of a licence issued under section 90(1); or
(b) in Division 2 of Part 5, a person who is for the time being the holder of a licence issued under section 90(1) or 90(2);
"licensed land" means land that is subject to a licence issued under section 90(1);
"Mitcham-Frankston Freeway" means land declared under section 143 to be a road and includes any part of that land;
"municipal road" has the same meaning as it has in the Road Management Act 2004 ;
"Native Title Act" means the Native Title Act 1993 of the Commonwealth;
"non-arterial State road" has the same meaning as it has in the Road Management Act 2004 ;
"notified Utility infrastructure" means Utility infrastructure—
(a) that is identified under section 159; or
(b) that has been notified under section 161;
"owner" , in relation to a vehicle, means—
(a) the person in whose name the vehicle is registered, at the time of the trip, under the Road Safety Act 1986 or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth; or
(b) if VicRoads has received notice of transfer of registration under the regulations made under the Road Safety Act 1986 , the person whose name is disclosed in the records kept by VicRoads as being entitled to possession of the vehicle at the time of the trip; or
(c) if the vehicle is not registered under the Road Safety Act 1986 or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, the person whose name is disclosed in the records kept by VicRoads or the corresponding Act as being the owner of or entitled to possession of the vehicle at the time of the trip; or
(d) if the vehicle displays a number plate—
(i) the person who, at the time at which the registration number borne by that number plate was last assigned by VicRoads or the corresponding body under a corresponding Act, was the person in whose name the vehicle, to which that registration number was assigned, was registered under the Road Safety Act 1986 or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that vehicle is the same as the vehicle involved in the trip; or
(ii) the person whose name is disclosed in the records kept by VicRoads or the corresponding body under a corresponding Act as being entitled, or last entitled, to use or possess that number plate at the time of the trip; or
(e) if the vehicle displays a general identification mark by means of a special identification plate issued under the regulations under the Road Safety Act 1986 , the person to whom the mark is assigned at the time of the trip;
"Project" means the project described in section 4 or any part of that project;
"Project area" has the meaning given by section 5;
"Project construction work" means work for the construction of the Project;
"Project Document" means a document of a class that is designated in the Agreement as a Project Document;
"public authority" means any body (including any trust) established by or under an Act for a public purpose, other than a Council;
"public land" means—
(a) Crown land; or
(b) land owned by or vested in a public authority;
"rectification" includes repair, replacement and reinstatement;
"reserved Crown land" means land reserved or deemed to be reserved for any public purpose under the Crown Land (Reserves) Act 1978 ;
"reserved project land" means land that is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project;
"road" has the same meaning as it has in the Road Management Act 2004 ;
"road authority" has the same meaning as it has in the Road Management Act 2004 ;
"Secretary to the Department of Infrastructure" means the body corporate established under section 35 of the Project Development and Construction Management Act 1994 ;
"Secretary to the Department of Sustainability and Environment" means the Department Head of the Department of Sustainability and Environment;
"stratum of Crown land" means a stratum of land that is Crown land;
"stratum of land" means a part of land consisting of a space of any shape, below on or above the surface of the land, or partly below and partly above the surface of the land, all the dimensions of which are limited;
"surplus land" means land determined under section 121 to be surplus land;
"toll" means a toll fixed under section 195;
"toll administration fee" means a toll administration fee fixed under section 195;
"toll zone" means a toll zone specified under section 195;
"traffic control centre" means an area of land declared under section 8 to be the traffic control centre;
"Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 ;
"trip" means the driving of a vehicle on the Mitcham-Frankston Freeway uninterrupted by exit from that Freeway;
"unnotified Utility infrastructure" means Utility infrastructure—
(a) that has not been identified under section 159; or
(b) that has not been notified under section 161;
"Utility" means—
(a) a utility within the meaning of the Road Management Act 2004 ; or
(b) the Director of Public Transport under the Transport Act 1983 ; or
(c) any person who manages rail infrastructure within the meaning of Division 3 of Part VI of the Transport Act 1983 ; or
(d) any person who operates rolling stock within the meaning of Division 3 of Part VI of the Transport Act 1983 ;
"Utility agreement" means an agreement entered into under section 154 and, if that agreement is amended under section 158, that agreement as so amended;
"Utility infrastructure" means any part of the supply, distribution or reticulation network operated or managed by a Utility, including—
(a) poles, pipes, cables, wires,
conduits and tunnels; and
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(b) rail infrastructure and tram infrastructure (both within the meaning of the Rail Corporations Act 1996 );
"Utility Minister" in relation to a Utility, means the Minister for the time being administering any Act—
(a) under which a Utility is authorised to provide an infrastructure service; or
(b) that regulates the provision by the Utility of an infrastructure service;
"variation" means an amendment of the Agreement made under section 17(2) ;
"variation statement" means a statement setting out the terms of a variation;
"vehicle" has the same meaning as "motor vehicle" has in the Road Safety Act 1986 ;
"VicRoads" means the Roads Corporation established under Part II of the Transport Act 1983 ;
"works" has the same meaning as it has in the Road Management Act 2004 .
(2) In this Act, the expressions "just terms" , "native title" , "native title holder" , "native title rights and interests" , "registered native title body corporate" and "registered native title claimant" have the same respective meanings as they have in the Native Title Act 1993 of the Commonwealth.
(3) The Premier may determine a Minister as the Utility Minister for a Utility and if a determination is made that Minister is deemed to be the Utility Minister for that Utility for the purposes of this Act.