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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Melbourne City Link (Further Amendment) Act
2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Insertion of new sections 6A and 6B 3
6A. Director, Melbourne City Link 3
6B. Functions and powers of Director 3
5. Reference to licence holders inserted in section 18 4
6. New Part 2A inserted 4
PART 2A--RESERVATION OF LAND FOR THE
PROJECT 4
Division 1--Land to be reserved 4
20A. Revocation of existing reservations of certain land and
re-reservation of that land for the Project 4
20B. Surrender and reservation of certain land for the
purposes of the Project 6
20C. Reservation of land for the purposes of the Project 7
Division 2--Management of reserved land and other matters 7
20D. Committees of management of reserved land 7
20E. Issue of licences in respect of reserved land 8
20F. Certain Acts not to apply to licensed areas 8
20G. Action by Registrar of Titles 9
7. Information to be given in relation to registration 9
8. Reference to licence holder inserted in section 94 10
9. References to licence holder and licensed area inserted in
section 96 10
10. Further amendment to the Melbourne City Link Act 1995 10
__________________
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Clause Page
SCHEDULE--Insertion of new Schedule 8 in the Melbourne City
Link Act 1995 11
ENDNOTES 12
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PARLIAMENT OF VICTORIA
Initiated in Assembly 17 October 2001
A BILL
to make further amendments to the Melbourne City Link Act 1995
and for other purposes.
Melbourne City Link (Further
Amendment) Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Melbourne City Link Act 1995--
(a) to facilitate the licensing of certain Crown
5 land for the purposes of the Project;
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(b) to provide for further information provisions
in relation to registered vehicles;
(c) to establish the office of Director, Melbourne
City Link;
5 (d) to provide for other related matters.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
10 operation before 1 February 2003, it comes into
operation on that day.
3. Definitions
In section 3 of the Melbourne City Link Act
1995 insert the following definitions--
15 ' "Director" means the person who, for the time
being, holds the office of Director,
Melbourne City Link, provided for in
section 6A;
"licence holder" means a person who is, for the
20 time being, the holder of a licence issued
under section 20E;
"licensed area" means land which is the subject
of a licence issued under section 20E;
"reserved land" means land that, by the
25 operation of Part 2A, is or 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;'.
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4. Insertion of new sections 6A and 6B
After section 6 of the Melbourne City Link Act
1995 insert--
"6A. Director, Melbourne City Link
5 There shall be a Director employed under
Part 3 of the Public Sector Management
and Employment Act 1998, to be known as
the Director, Melbourne City Link.
6B. Functions and powers of Director
10 (1) The Director has the following functions--
(a) on behalf of the Crown, to administer
and manage contractual arrangements
between the Crown and the Link
corporation and between the Crown and
15 the Extension corporation;
(b) to make recommendations regarding
those contractual arrangements to the
Minister;
(c) to manage the responsibilities of the
20 Crown in relation to the completion of
the construction of the Project and the
Exhibition Street Extension Project;
(d) to manage the responsibilities of the
Crown in relation to the operation of
25 the Project and the Exhibition Street
Extension Project;
(e) to make recommendations to the
Minister on public safety issues relating
to the Project and the Exhibition Street
30 Extension Project;
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(f) to manage, on behalf of the Crown,
regulatory issues arising from the
operation of the Link road and the
operation of the Extension road;
5 (g) to undertake any other function
conferred on the Director by or under
this or any other Act.
(2) The Director has all the powers necessary to
perform his or her functions.
10 (3) The Director must comply with any
directions given by the Minister, including
any direction relating to the provision of
information or reports concerning the
exercise of the Director's powers and the
15 performance of the Director's functions.".
5. Reference to licence holders inserted in section 18
In section 18(2)(b) of the Melbourne City Link
Act 1995, after "licensee" insert "or a licence
holder".
20 6. New Part 2A inserted
After Part 2 of the Melbourne City Link Act
1995 insert--
'PART 2A--RESERVATION OF LAND FOR
THE PROJECT
25 Division 1--Land to be reserved
20A. Revocation of existing reservations of
certain land and re-reservation of that land
for the Project
(1) On the coming into operation of section 6 of
30 the Melbourne City Link (Further
Amendment) Act 2001, the Order in
Council specified in item 1 of Schedule 8 is
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revoked in so far as it relates to the land
shown hatched on the plan numbered
LEGL./01-111 and lodged in the Central
Plan Office.
5 (2) On the coming into operation of section 6 of
the Melbourne City Link (Further
Amendment) Act 2001, the Order in
Council specified in item 2 of Schedule 8 is
revoked in so far as it relates to the land
10 shown hatched on the plan numbered
LEGL./01-113 lodged in the Central Plan
Office.
(3) Despite anything to the contrary in the
Crown Land (Reserves) Act 1978, on the
15 revocation of an Order in Council specified
in Schedule 8 in so far as it relates to the
land shown on a plan referred to in sub-
section (1) or (2)--
(a) the land is deemed to be unalienated
20 land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests;
and
25 (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
30 1978 are revoked in so far as they apply
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
35 public purposes, being, in particular,
the purposes of the Project, and the
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reservation may be amended, revoked
and otherwise dealt with in accordance
with that Act.
20B. Surrender and reservation of certain land
5 for the purposes of the Project
(1) On the coming into operation of section 6 of
the Melbourne City Link (Further
Amendment) Act 2001, the land shown
hatched and cross-hatched on the plans
10 numbered LEGL./01-112, LEGL./01-117,
LEGL./01-118, LEGL./01-119,
LEGL./01-120, LEGL./01-121 and
LEGL./01-122 and lodged in the Central
Plan Office is surrendered to the Crown.
15 (2) On the coming into operation of section 6 of
the Melbourne City Link (Further
Amendment) Act 2001, the land shown
hatched and cross-hatched on the plans
referred to in sub-section (1)--
20 (a) is deemed to be unalienated land of the
Crown, freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
25 (b) 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, and the
30 reservation may be amended, revoked
and otherwise dealt with in accordance
with that Act.
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(3) Despite the coming into operation of
section 6 of the Melbourne City Link
(Further Amendment) Act 2001, if any of
the land shown hatched and cross-hatched on
5 the plans referred to in sub-section (1) is--
(a) a declared road (within the meaning of
the Transport Act 1983), that land is
deemed to continue to be such a
declared road; and
10 (b) a public highway (within the meaning
of the Local Government Act 1989),
that land is deemed to continue to be
such a public highway.
20C. Reservation of land for the purposes of the
15 Project
Without limiting section 5 of the Crown
Land (Reserves) Act 1978, land may be
reserved under that section for public
purposes, being, in particular, the purposes
20 of the Project.
Division 2--Management of reserved land and
other matters
20D. Committees of management of reserved
land
25 The Minister administering the Crown Land
(Reserves) Act 1978 must consult with the
Minister administering this Act before
appointing a committee of management
under the Crown Land (Reserves) Act 1978
30 for reserved land.
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20E. Issue of licences in respect of reserved land
(1) This section applies despite anything to the
contrary in the Crown Land (Reserves) Act
1978 or the Land Act 1958.
5 (2) The Minister, after consultation with the
Minister administering the Crown Land
(Reserves) Act 1978--
(a) may issue a licence in accordance with
the Agreement--
10 (i) to enter and use the whole or any
part of reserved land, in
accordance with the Agreement;
(ii) to the person entitled to the issue
of the licence; and
15 (b) may impose conditions, subject to and
in accordance with the Agreement, on
the licence.
(3) The term of a licence must be in accordance
with the Agreement.
20 (4) A licence may be amended at any time with
the agreement of the licensee.
(5) A licence may be--
(a) terminated in whole or in part before
the end of the term of the licence; or
25 (b) renewed--
in accordance with the terms of the
Agreement.
20F. Certain Acts not to apply to licensed areas
(1) In this section "excluded Act" means--
30 (a) the Building Act 1993;
(b) the South Melbourne Land Act 1986;
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(c) the Extractive Industries
Development Act 1995;
(d) the Mineral Resources Development
Act 1990.
5 (2) An excluded Act does not apply to or in
relation to the whole or any part of a licensed
area and anything done on that land on and
from the date that the licence is issued under
section 20E until the licence is terminated in
10 respect of that land.
20G. Action by Registrar of Titles
On being requested to do so and on delivery
of any relevant instrument or document (but
without production of a duplicate Crown
15 grant or certificate of title), the Registrar of
Titles must make any recordings in the
Register that are necessary because of the
operation of this Part.'.
7. Information to be given in relation to registration
20 In section 73D(1) of the Melbourne City Link
Act 1995--
(a) in paragraph (a), after "registered" insert "or
of the circumstances in which the vehicle
becomes registered";
25 (b) for paragraph (b) substitute--
"(b) the whole or that part of the licence
plate number of the vehicle that is
stated to the relevant corporation by
that person;";
30 (c) for paragraph (f), substitute--
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"(f) in the case of registration in
accordance with section 73C--
(i) the period to which the
registration applies; or
5 (ii) if the period to which the
registration applies cannot be
determined at the time the
information is given, information
which enables the person to
10 determine the period to which the
registration applies;".
8. Reference to licence holder inserted in section 94
In section 94(1) of the Melbourne City Link Act
1995, after "a licensee" insert ", a licence holder".
15 9. References to licence holder and licensed area
inserted in section 96
(1) In section 96(3) of the Melbourne City Link Act
1995, after "licensee" insert ", licence holder".
(2) In section 96(4) of the Melbourne City Link Act
20 1995, after "Customer service site)" insert "and
licensed areas".
(3) In section 96(5) of the Melbourne City Link Act
1995, after "licensed land" insert ", licensed
areas".
25 10. Further amendment to the Melbourne City Link Act
1995
The Melbourne City Link Act 1995 is amended
as set out in the Schedule.
__________________
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Melbourne City Link (Further Amendment) Act 2001
Sch.
Act No.
SCHEDULE
INSERTION OF NEW SCHEDULE 8 IN THE MELBOURNE
CITY LINK ACT 1995
After Schedule 7 insert--
5 "SCHEDULE 8
FURTHER REVOCATION OF RESERVATIONS
Item 1
Situation and area of land Alexandra Park, Parish of South
Melbourne, City of Melbourne,
County of Bourke, 4·6 acres
Instrument and date of reservation Order in Council dated 5 August
1913
Description of land by reference to Government Gazette dated
the Government Gazette 13 August 1913, page 3532
Purpose of reservation Public park for the recreation and
amusement of His Majesty's
subjects and people
Extent of revocation Land shown hatched on the plan
numbered LEGL./01-111 and
lodged in the Central Plan Office
Item 2
Situation and area of land City of Melbourne, Parish of
Melbourne North, County of
Bourke, 7 acres more or less
Instrument and date of reservation Order in Council dated 22 April
1936
Description of land by reference to Government Gazette dated 29 April
the Government Gazette 1936, page 1052
Purpose of reservation Public purposes
Extent of revocation Land shown hatched on the plan
numbered LEGL./01-113 and
lodged in the Central Plan Office
.".
10
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Melbourne City Link (Further Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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