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MELBOURNE CITY LINK (FURTHER AMENDMENT) BILL 1997

                 PARLIAMENT OF VICTORIA

   Melbourne City Link (Further Amendment) Act
                       1997
                                  Act No.


                     TABLE OF PROVISIONS
Clause                                                                   Page
  1.     Purpose                                                            1
  2.     Commencement                                                       2
  3.     Principal Act                                                      2
  4.     Definitions                                                        2
  5.     Variation of Agreement                                             3
  6.     New Part 4A inserted                                               3
         PART 4A--EXHIBITION STREET EXTENSION
         PROJECT                                                            3
         Division 1--Exhibition Street Extension Project and
         Extension Project area                                             3
         93A. Exhibition Street Extension Project                           3
         93B. Extension Project area                                        3
         Division 2--Powers to obtain Land                                  4
         93C. Revocation of reservations in Extension Project area          4
         93D. Revocation of part of Melbourne Park Reservation for
               Extension Project                                            5
         93E. Revocation of part of Olympic Park Reservation for
               Extension Project                                            6
         93F. Surrender or divesting of land in Extension Project area      7
         Division 3--Management of Exhibition Street Extension              9
         93G. Lease of land in Extension Project area                       9
         93H. Road deemed to be declared road                              11
         93I. Road operation and management powers                         11
         93J. Tolls                                                        12
  7.     New section 27A inserted                                          12
         27A. Further revocation of part of Melbourne and Olympic
                Parks Reservation                                          12
  8.     Roads deemed to be declared roads                                 14
  9.     Compensation                                                      14
  10.    Operation of regulations under Land Acquisition and
         Compensation Act 1986                                             14



                                      i
531188B.I1-21/4/97

 


 

Clause Page 11. New section 44A inserted 15 44A. Temporary access to Crown land 15 12. Partial revocation of licence 15 13. Certain Acts not to apply 15 14. Action by Registrar 15 15. Correction of reference 16 16. Powers of bodies 16 17. Bodies may be required to act 16 18. Dispute resolution 16 19. Council powers 16 20. New Schedule 4 inserted 16 SCHEDULE 4 16 NOTES 19 ii 531188B.I1-21/4/97

 


 

PARLIAMENT OF VICTORIA A BILL to further amend the Melbourne City Link Act 1995, to make provision for the Exhibition Street Extension Project and for other purposes. Melbourne City Link (Further Amendment) Act 1997 The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to further amend the Melbourne City Link Act 1995-- (a) to make provision for the Exhibition Street 5 Extension Project; and (b) to improve the operation of that Act. 1 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 2 Act No. 2. Commencement (1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent. 5 (2) The remaining provisions of this Act come into operation on a day or days to be proclaimed. 3. Principal Act No. 107/1995. In this Act the Melbourne City Link Act 1995 is Amended by called the Principal Act. No. 21/1996. 10 4. Definitions (1) In section 3 of the Principal Act insert-- ' "Extension Project area" has the meaning given by section 93B; " Exhibition Street Extension Project" has the 15 meaning given by section 93A;'. (2) In section 3 of the Principal Act-- (a) in the definition of "leased land" after "section 60" insert "or 93G"; and (b) in the definition of "lessee" after "section 60" 20 insert "or 93G". (3) In section 3 of the Principal Act for the definition of "Link control site" substitute-- ' "Link control site" means the land shown hatched on the plan numbered LEGL./97-60 25 and lodged in the Central Plan Office but does not include any part of that land which is part of the Link road;'. (4) In section 3 of the Principal Act in the definition of "Link road" after "section 61" insert "or 93H". 30 2 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 5 Act No. 5. Variation of Agreement (1) After section 15(1A) of the Principal Act insert-- "(1AA) A power under this section to vary the provisions of the Agreement extends to any 5 agreement or variation necessary or convenient for purposes related to the implementation of the Exhibition Street Extension Project or the integration of that Project with the Project within the meaning 10 of section 6.". (2) In section 15(4) and (5) of the Principal Act for "amendment" (wherever occurring) substitute "agreement". 6. New Part 4A inserted 15 After Part 4 of the Principal Act insert-- 'PART 4A--EXHIBITION STREET EXTENSION PROJECT Division 1--Exhibition Street Extension Project and Extension Project area 20 93A. Exhibition Street Extension Project In this Act a reference to the Exhibition Street Extension Project is a reference to the project for a road connection from Exhibition Street to the southern link of the 25 Project across or above the Jolimont rail yards and along Batman Avenue to the interchange of the South Eastern Freeway with Punt Road. 93B. Extension Project area 30 (1) Subject to sub-section (2), for the purposes of this Act, the Extension Project area is the 3 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 6 Act No. area of land shown hatched grey on the plan numbered LEGL./97-29 and lodged in the Central Plan Office. (2) The Extension Project area does not include 5 any land in the Project area. Division 2--Powers to obtain Land 93C. Revocation of reservations in Extension Project area (1) If the whole or any part of any Crown land, 10 permanently or temporarily reserved under the Crown Land (Reserves) Act 1978, is within the Extension Project area, and if the whole or a part of the reservation of that land is to be revoked for the purposes of the 15 Exhibition Street Extension Project, the Minister on-- (a) receiving a plan of the land signed by the Surveyor-General; and (b) being satisfied that the land shown on 20 the plan represents the reservation or the part of the reservation to be revoked-- may recommend to the Governor in Council that the reservation or the part of the 25 reservation be revoked. (2) On receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the following-- 30 (a) any Order in Council reserving the land; 4 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 6 Act No. (b) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land-- in so far as the Order in Council, Crown 5 grant, certificate of title or folio relates to the land shown on the plan. (3) On publication of an Order under sub-section (2)-- (a) the land is deemed to be unalienated 10 land of the Crown, freed and discharged from all limitations, reservations, restrictions, encumbrances, estates and interests; and 15 (b) the appointment of any committee of management is revoked in so far as it applies to the land; and (c) any regulations made under section 13 of the Crown Land (Reserves) Act 20 1978 are revoked in so far as they apply to the land. 93D. Revocation of part of Melbourne Park Reservation for Extension Project (1) The deemed temporary reservation of land 25 under Part 5 of the Melbourne and Olympic Parks Act 1985 is revoked in so far as it relates to the land shown coloured mauve on the plan numbered LEGL./97-29 and lodged in the Central Plan Office. 30 (2) Despite anything to the contrary in the Melbourne and Olympic Parks Act 1985 and the Crown Land (Reserves) Act 1978, on the revocation of that part of the deemed 5 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 6 Act No. temporary reservation shown coloured mauve on the plan referred to in sub-section (1)-- (a) the land is deemed to be unalienated 5 land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and 10 (b) the appointment of the Melbourne and Olympic Parks Trust to manage Melbourne Park is revoked to the extent that it applies to the land; and (c) any regulations made under section 13 15 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land. 93E. Revocation of part of Olympic Park Reservation for Extension Project 20 (1) The Order in Council specified in item 1 of Schedule 4 is revoked in so far as it relates to that part of the land shown coloured yellow on the plan numbered LEGL./97-29 and lodged in the Central Plan Office which is 25 not already reserved for the purposes of the Project. (2) Despite anything to the contrary in the Melbourne and Olympic Parks Act 1985 and the Crown Land (Reserves) Act 1978, 30 on the revocation of the Order in Council specified in item 1 of Schedule 4 in so far as it relates to the land shown coloured yellow on the plan referred to in sub-section (1) which is not already reserved for the 35 purposes of the Project-- 6 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 6 Act No. (a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, 5 encumbrances, estates and interests; and (b) the appointment of the Melbourne and Olympic Parks Trust to manage Olympic Park is revoked to the extent 10 that it applies to the land; and (c) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land. 15 93F. Surrender or divesting of land in Extension Project area (1) The Governor in Council, by Order published in the Government Gazette, may-- (a) require a public authority in which any 20 land is vested which is part of the Extension Project area to surrender that land to the Crown; or (b) divest from a public authority, any land vested in the public authority which is 25 part of the Extension Project area-- whether or not that land was vested in the public authority by or under an Act or by any other means. (2) Sub-section (1) does not apply to land which 30 is vested under the Crown Land (Reserves) Act 1978. (3) A public authority must comply with a requirement under sub-section (1)(a). 7 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 6 Act No. (4) On the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of land that a public authority is required to surrender under sub- 5 section (1)(a) or the publication in the Government Gazette of an Order under sub- section (1)(b)-- (a) the land is deemed to be unalienated land of the Crown and is freed and 10 discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates or interests; and (b) if any part of the land is or is being used as a road, that part of the land 15 ceases to be a road and all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied 20 grant, or past dedication or supposed dedication or by user or operation of law or otherwise cease. (5) A power may only be exercised under sub- section (1) on the joint recommendation of 25 the Minister and the Minister administering the Act under which the public authority is established. (6) A recommendation may only be made under sub-section (5) if the Ministers are satisfied 30 that the land is required for the purposes of managing any roadway and ancillary works constructed on the land for the purposes of the Exhibition Street Extension Project or for a related purpose. 35 (7) Sub-section (4) has effect despite anything to the contrary in any other Act. 8 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 6 Act No. Division 3--Management of Exhibition Street Extension 93G. Lease of land in Extension Project area (1) If the State enters into an agreement for the 5 operation, maintenance and repair by the Link corporation of the road and ancillary works forming part of the Exhibition Street Extension Project, the Governor in Council, on behalf of the Crown, subject to and in 10 accordance with that agreement-- (a) may grant a lease of any land in the Extension Project area which is required for the purposes of managing any roadway and ancillary works 15 constructed on the land and for other related purposes approved by the Governor in Council to the person or persons entitled to such a lease in accordance with the terms of the 20 agreement; and (b) may impose conditions on the lease, having regard (among other things) to the following matters in relation to a stratum of Crown land-- 25 (i) that reasonable access to and use of the stratum and other land be provided for; and (ii) that the rights of the registered proprietor, lessee or licensee of 30 other land not be interfered with; and (iii) that the rights of support of the stratum or of other land or of any 9 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 6 Act No. building or structure erected or to be erected on those lands be provided for; and (iv) that the making or maintenance of 5 improvements by the lessee be provided for; and (v) that any necessary rights for the passage or provision of services (including drainage, sewerage or 10 the supply of water, gas, electricity or telephone) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the 15 stratum or of other land be provided for. (2) The granting of a lease under this section of a stratum of land is conclusive proof of compliance with sub-section (1)(b)(i), (ii), 20 (iii), (iv) or (v) with respect to the lease. (3) A lease under sub-section (1) must specify any area of land subject to the lease which is a road. (4) The lessee may only mortgage, charge, 25 assign or otherwise encumber the lessee's interest in the lease in accordance with the terms of the agreement. (5) The term of the lease must in accordance with the agreement. 30 (6) A lease may be amended at any time with the consent of the lessee. (7) A lease may be-- (a) terminated before the end of the term of the lease; or 35 10 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 6 Act No. (b) renewed-- in accordance with the agreement. 93H. Road deemed to be declared road (1) On the commencement of a lease granted 5 under section 93G, any road specified in the lease is deemed to be-- (a) a declared road within the meaning of the Transport Act 1983; or (b) a road open to and for use by the public 10 for the passage of vehicles; and (c) a highway within the meaning of the Road Safety Act 1986. (2) This section does not affect the grant or operation of a lease despite anything to the 15 contrary in Schedule 5 of the Transport Act 1983. (3) The Minister must publish a notice in the Government Gazette of the granting of the lease under section 93G describing any road 20 specified in that lease. 93I. Road operation and management powers (1) If the State enters into an agreement which provides for road operation and management powers in respect of land leased under 25 section 93G to be conferred on the Link corporation, then despite anything to the contrary in the Transport Act 1983 or the regulations under that Act or the Local Government Act 1989 or the regulations 30 under that Act, on and from the grant of a lease under section 93G-- (a) the Link corporation or any officer or employee of the Link corporation 11 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 7 Act No. authorised by the Link corporation may exercise those powers in respect of the leased land; and (b) the Roads Corporation and any Council 5 must not exercise those powers in respect of the leased land. (2) In this section "road operation and management powers" means powers relating to the operation and maintenance of, 10 and traffic management of a kind applicable to, a declared road. 93J. Tolls If the State enters into an agreement for the operation, maintenance and repair by the 15 Link corporation of the road and ancillary works forming part of the Exhibition Street Extension Project and that agreement provides for tolls and toll zones in respect of that road, Part 4 and the regulations made for 20 the purposes of that Part apply to the collection of those tolls as if any reference in that Part-- (a) to the Agreement were a reference to the first-mentioned agreement; and 25 (b) to a toll zone were a reference to a toll zone specified in the first-mentioned agreement.'. 7. New section 27A inserted After section 27 of the Principal Act insert-- 30 "27A. Further revocation of part of Melbourne and Olympic Parks Reservation (1) The Order in Council specified in item 2 of Schedule 4 is revoked in so far as it applies to 12 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 7 Act No. the land shown cross-hatched green on the plan numbered LEGL./97-31 and lodged in the Central Plan Office. (2) Despite anything to the contrary in the 5 Melbourne and Olympic Parks Act 1985 and the Crown Land (Reserves) Act 1978, on the revocation of the Order in Council specified in item 2 of Schedule 4 in so far as it relates to the land shown cross-hatched 10 green on the plan referred to in sub-section (1)-- (a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, 15 reservations, restrictions, encumbrances, estates and interests; and (b) the appointment of the Melbourne and Olympic Parks Trust to manage 20 Olympic Park is revoked to the extent that it applies to the land; and (c) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply 25 to the land; and (d) the land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, 30 the purposes of the Project, and the reservation may be amended, revoked and otherwise dealt with in accordance with that Act.". 13 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 8 Act No. 8. Roads deemed to be declared roads In section 31A(1) of the Principal Act for "section 26, 28 or 31" substitute "section 26, 28, 29 or 31". 5 9. Compensation In section 33 of the Principal Act-- (a) in sub-section (1)(a) for "or 32" substitute ", 32 or 93C"; (b) in sub-section (1)(b) for "section 27 or 30" 10 substitute "section 27, 27A, 30, 93D or 93E"; (c) in sub-section (2) for "or 32" substitute ", 32 or 93C"; (d) in sub-section (4) after "Project" insert "or 15 the Exhibition Street Extension Project". 10. Operation of regulations under Land Acquisition and Compensation Act 1986 (1) In section 40(7) of the Principal Act for "Land Acquisition and Compensation Regulations 1987 20 as in force from time to time" substitute "regulations in force from time to time under the Land Acquisition and Compensation Act 1986". (2) In section 43(4) of the Principal Act for "Land 25 Acquisition and Compensation Regulations 1987" substitute "regulations under the Land Acquisition and Compensation Act 1986". (3) In section 44 of the Principal Act before "Part 9" (where first occurring) insert "(1)". 30 14 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 11 14 Act No. (4) At the end of section 44 of the Principal Act insert-- "(2) The regulations in force from time to time under the Land Acquisition and 5 Compensation Act 1986 and the forms prescribed under those regulations apply in relation to the operation of this Division with such modifications as are necessary to give effect to this Division.". 10 11. New section 44A inserted After section 44 of the Principal Act insert-- "44A. Temporary access to Crown land (1) The Authority may, with the approval of the Minister administering the Land Act 1958 15 given after consultation with any other Minister concerned with the management or use of the land, use any Crown land for the purposes of the Project. (2) If any Crown land proposed to be so used by 20 the Authority is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use, the Authority must not use the land unless the reservation is revoked.". 25 12. Partial revocation of licence (1) In section 56(6)(a) of the Principal Act after "terminated" insert "in whole or in part". (2) In section 59(1) of the Principal Act after "licence" insert "as to that land". 30 13. Certain Acts not to apply In section 64(3) of the Principal Act after "section 60" insert "or 93G". 14. Action by Registrar 15 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 20 Act No. (1) In section 67(1) and (2) of the Principal Act after "this Part" (wherever occurring) insert "or Part 4A". (2) In section 67(2) of the Principal Act after 5 "document" insert "(but without production of a duplicate Crown grant or certificate of title)". 15. Correction of reference In section 96(6) of the Principal Act for "Water Industry Act 1984" substitute "Water Industry 10 Act 1994". 16. Powers of bodies In section 100(b) of the Principal Act after "Project" insert "or the Exhibition Street Extension Project". 15 17. Bodies may be required to act In section 101(1)(a) of the Principal Act after "the Project area" (where twice occurring) insert "or the Extension Project area". 18. Dispute resolution 20 In section 102 of the Principal Act after "Project" insert "or the Exhibition Street Extension Project". 19. Council powers In section 103(2) of the Principal Act after "Part 25 3" insert "or Part 4A". 20. New Schedule 4 inserted After Schedule 3 of the Principal Act insert-- "SCHEDULE 4 16 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 Act No. Further revocations of reservation on Melbourne and Olympic Park Land Item 1 Situation and area of land : East Melbourne, City of Melbourne North, County of Bourke, 10·40 hectares, being Crown Allotment 2, Section 19D, less authorised excisions Instrument and date of reservation : Order in Council dated 17 March 1970 Description of land by reference to Government Gazette dated 11 Government Gazette : February 1970, page 375 and 25 March 1970, page 831 Purpose of reservation : Sport, recreation and entertainment Extent of revocation : Land shown coloured yellow on the plan numbered LEGL./97-29 and lodged in the Central Plan Office. Item 2 Situation and area of land : East Melbourne, City of Melbourne North, County of Bourke, 10·40 hectares, being Crown Allotment 2, Section 19D, less authorised excisions Instrument and date of reservation : Order in Council dated 17 March 1970 Description of land by reference to Government Gazette dated 11 Government Gazette : February 1970, page 375 and 25 March 1970, page 831 Purpose of reservation : Sport, recreation and entertainment 5 Extent of revocation : Land shown cross-hatched green on the plan numbered LEGL./97- 31 and lodged in the Central Plan Office. ". 17 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 s. 20 Act No. 18 531188B.I1-21/4/97

 


 

Melbourne City Link (Further Amendment) Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 19 531188B.I1-21/4/97

 


 

 


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