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PLANNING AND ENVIRONMENT (AMENDMENT) BILL 1997

                 PARLIAMENT OF VICTORIA

Planning and Environment (Amendment) Act 1997
                                 Act No.


                      TABLE OF PROVISIONS
Clause                                                               Page
  1.   Purpose                                                          1
  2.   Commencement                                                     2
  3.   New Part 9A inserted                                             2
         PART 9A--PROJECTS OF STATE OR REGIONAL
         SIGNIFICANCE                                                   2
         201E.   Definitions                                            2
         201F.   Declaration of project                                 3
         201G.   Delegation                                             3
         201H.   Acquisition by agreement                               3
         201I.   Powers of compulsory acquisition                       3
         201J.   Secretary's powers to dispose of land                  4
         201K.   Recommendation of closure of roads                     5
         201L.   Order for closure of road                              6
         201M.   Temporary closure of road                              6
         201N.   Recommendation for removal of easements and
                 restrictions                                           7
         201O. Order for removal of easement or restriction             7
         201P. Compensation                                             8
         201Q. Action by Registrar of Titles and Registrar-General      9
  4.     Delegation powers                                             10
  5.     Functions and powers of Secretary                             10
  6.     Exemption from requirement to reserve land                    11
                             

NOTES                                                                  12




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Clause Page THIS PAGE IS TO BE MASKED ii 531263B.I1-13/10/97

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Planning and Environment Act 1987, the Project Development and Construction Management Act 1994 and the Land Acquisition and Compensation Act 1986 and for other purposes. Planning and Environment (Amendment) Act 1997 The Parliament of Victoria enacts as follows: 1. Purpose The main purposes of this Act are-- (a) to amend the Planning and Environment Act 1987 to confer certain powers on the 5 Secretary of the Department of Infrastructure in relation to development projects of State or regional significance; and 1 531263B.I1-13/10/97

 


 

Planning and Environment (Amendment) Act 1997 s. 2 Act No. (b) to amend the Project Development and Construction Management Act 1994 in relation to the functions and powers of the Secretary; and 5 (c) to amend the Land Acquisition and Compensation Act 1986 to provide for the exemption of land to be acquired for certain kinds of development projects from the requirement to be reserved for public 10 purposes. 2. Commencement This Act comes into operation on the day on which it receives the Royal Assent. 3. New Part 9A inserted 15 After Part 9 of the Planning and Environment Act 1987 insert-- 'PART 9A--PROJECTS OF STATE OR REGIONAL SIGNIFICANCE 201E. Definitions 20 In this Part-- "declared project" means a development or proposed development declared by notice under section 201F to be of State or regional significance; 25 "restriction" means-- (a) a restriction within the meaning of the Subdivision Act 1988; or (b) a covenant under Division 2 of Part 4 of the Heritage Act 1995; 30 or 2 531263B.I1-13/10/97

 


 

Planning and Environment (Amendment) Act 1997 s. 3 Act No. (c) a covenant under section 3A of the Victorian Conservation Trust Act 1972; "Secretary" means the body corporate 5 established under section 35 of the Project Development and Construction Management Act 1994. 201F. Declaration of project The Minister may, by notice published in the 10 Government Gazette, declare a development or proposed development to be of State or regional significance. 201G. Delegation The Secretary may, by instrument, delegate 15 to any officer or class of officers of the Department any of the powers conferred on the Secretary under this Part except-- (a) this power of delegation; and (b) the Secretary's powers under section 20 210I. 201H. Acquisition by agreement For the purposes of a declared project, the Secretary may acquire land by agreement on any terms (including consideration) that the 25 Secretary considers appropriate. 201I. Powers of compulsory acquisition (1) The Secretary may compulsorily acquire land for the purposes of a declared project. (2) The Land Acquisition and Compensation 30 Act 1986 applies to this Part and for that purpose-- 3 531263B.I1-13/10/97

 


 

Planning and Environment (Amendment) Act 1997 s. 3 Act No. (a) Part 9A of the Planning and Environment Act 1987 is the special Act; and (b) the Secretary is the Authority. 5 (3) The Minister may, by notice published in the Government Gazette, declare specified land required for a declared project to be special project land for the purposes of section 5 of the Land Acquisition and Compensation 10 Act 1986. 201J. Secretary's powers to dispose of land (1) The Secretary may-- (a) grant a lease, licence, easement or privilege over land vested in or 15 acquired by the Secretary pursuant to this Part; or (b) sell or dispose of the Secretary's interest in fee simple in any land vested in or acquired by the Secretary pursuant 20 to this Part-- on any terms (including consideration) that the Secretary considers appropriate. (2) The Secretary may enter into an agreement with another person concerning the use or 25 development of land-- (a) on disposing of the whole of its interest in the land to that person; or (b) in anticipation of disposing of the whole of its interest in the land to that 30 person. (3) Division 2 of Part 9 applies to an agreement under sub-section (2) as if-- 4 531263B.I1-13/10/97

 


 

Planning and Environment (Amendment) Act 1997 s. 3 Act No. (a) it was an agreement under that Division; (b) it referred to the Secretary instead of the responsible authority for the 5 planning scheme; (c) section 174(2)(c) were omitted; (d) sections 177(2), 178 and 179(1) referred to the Secretary instead of the Minister. 10 201K. Recommendation of closure of roads (1) For the purposes of a declared project, the Secretary may recommend to the Governor in Council to close any road or part of a road. 15 (2) Before making a recommendation to close a road or part of a road, the Secretary must-- (a) serve notice of the proposed closure on the owner of any property which the Secretary, after making inquiry into the 20 matter, considers is likely to be substantially affected by the closure of the road or part of the road; and (b) give each of those owners an opportunity to object to the closure; and 25 (c) consider all objections so made. (3) Before making a recommendation to close a road or part of a road, the Secretary must ensure that provision is made-- (a) with respect to pipes, wires, apparatus, 30 sewers, drains, tunnels, conduits, poles, posts and fixtures lawfully on over under or across the road or part of the road; and 5 531263B.I1-13/10/97

 


 

Planning and Environment (Amendment) Act 1997 s. 3 Act No. (b) for access to any land likely to be prejudicially affected by the closure. (4) The Secretary may only recommend the closure of a road or part of a road under this 5 section if the Secretary is satisfied that the closure will not substantially injure the public or any person objecting under sub- section (2). 201L. Order for closure of road 10 (1) On a recommendation under section 201K, the Governor in Council, by order published in the Government Gazette, may close the road or part of the road. (2) On the publication of the order-- 15 (a) the land over which the closed road ran (whether the property of the Crown or not) ceases to be a road; and (b) all rights, easements and privileges existing or claimed in the land either in 20 the public or by any body or person as incident to any express or implied grant, or past dedication or by user or operation of law or otherwise, cease; and 25 (c) the land vests in the Secretary without transfer or conveyance freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. 30 201M. Temporary closure of road For the purposes of a declared project, the Secretary may temporarily close a road or part of a road to traffic if the Secretary considers it necessary to do so so that works 6 531263B.I1-13/10/97

 


 

Planning and Environment (Amendment) Act 1997 s. 3 Act No. on the road or neighbouring land can be carried out. 201N. Recommendation for removal of easements and restrictions 5 (1) For the purposes of a declared project, the Secretary may recommend to the Governor in Council to remove an easement, or restriction applying to any land. (2) Before making a recommendation under sub- 10 section (1), the Secretary must-- (a) serve notice of the proposed removal on the owner of any property which the Secretary, after making inquiry into the matter, considers is likely to be 15 substantially affected by the removal; and (b) give each of those owners an opportunity to object to the removal; and 20 (c) consider all objections so made. (3) Before making a recommendation under sub- section (1), the Secretary must ensure that provision is made for access to any land likely to be prejudicially affected by the 25 removal. (4) The Secretary may only recommend the removal of an easement or restriction under this section if the Secretary is satisfied that the removal will not substantially injure the 30 public or any person objecting under sub- section (2). 201O. Order for removal of easement or restriction 7 531263B.I1-13/10/97

 


 

Planning and Environment (Amendment) Act 1997 s. 3 Act No. (1) On a recommendation under section 201N, the Governor in Council, by order published in the Government Gazette, may remove the easement or restriction. 5 (2) On the publication of the order, the easement or restriction is extinguished. 201P. Compensation (1) If an order is made under section 201L or section 201O, the Secretary must make 10 provision for the payment of compensation-- (a) to any person in whom the land comprised in the road or part of the road is vested; and 15 (b) to any owner of property which in the opinion of the Secretary is likely to be substantially affected by the closure of the road or the removal of the easement or restriction. 20 (2) The Minister may certify that, having regard to the extent to which a person referred to in sub-section (1) is or is likely to be affected by the closure of the road or the removal of the easement or restriction, the compensation 25 payable to that person should not exceed the amount stated in the certificate (not being less than $400). (3) If the Minister so certifies under sub-section (2), the amount stated in the certificate in 30 respect of that person shall be the full amount payable to him or her under sub- section (1) by the Secretary by way of compensation. (4) If the Minister is satisfied that a person who 35 might be entitled to compensation under sub- 8 531263B.I1-13/10/97

 


 

Planning and Environment (Amendment) Act 1997 s. 3 Act No. section (1) cannot be found, the Minister may direct that no provision, or such provision as the Minister specifies, shall be made for payment of compensation to that 5 person. (5) If neither sub-section (3) nor (4) applies, the compensation payable under sub-section (1) to a person-- (a) shall be as agreed between the 10 Secretary and the person; or (b) if agreement is not reached, shall be determined in accordance with Part 10 of the Land Acquisition and Compensation Act 1986 as if the 15 amount of compensation payable were a disputed claim. 201Q. Action by Registrar of Titles and Registrar- General (1) The publication of an order under section 20 201L brings the land under the operation of the Transfer of Land Act 1958 if it is not already under that Act. (2) If an order is made under section 201L in relation to land, the Registrar of Titles, on 25 being requested to do so and on production of the relevant order-- (a) must make any recordings in the Register that are necessary because of the order; and 30 (b) may create a folio of the Register recording the Secretary as the registered proprietor of the land. (3) If an order under section 201L or 201O affects the right, estate or interest of the 35 registered proprietor of land in a folio of the 9 531263B.I1-13/10/97

 


 

Planning and Environment (Amendment) Act 1997 s. 4 Act No. Register under the Transfer of Land Act 1958 in respect of an easement or restriction recorded on that folio or implied by statute appurtenant to the land, the Registrar of 5 Titles on being requested to do so and on production of the relevant order, must delete from the folio the recording of that easement or restriction to the extent to which it has been extinguished. 10 (4) If the description of any land under the operation of the Transfer of Land Act 1958 or a folio of the Register is or may be affected by any order made under this Part closing a road or part of a road or removing 15 an easement or restriction, the Registrar of Titles may make any amendment in that description or folio which is in his or her opinion necessary or desirable. (5) On being requested to do so and on 20 production of the relevant order, the Registrar-General must make all entries on records of enrolment of any Crown grant and on any memorial relating to any land concerned that are necessary because of the 25 operation of this Act or an order made under this Act.'. 4. Delegation powers In section 186(2) of the Planning and Environment Act 1987 after "section 172" insert 30 ", section 201F". 5. Functions and powers of Secretary (1) After section 37(2) of the Project Development and Construction Management Act 1994 insert-- 10 531263B.I1-13/10/97

 


 

Planning and Environment (Amendment) Act 1997 s. 6 Act No. "(2A) In addition to sub-sections (1) and (2), the Secretary has any functions conferred on the Secretary under Part 9A of the Planning and Environment Act 1987.". 5 (2) After section 38(3) of the Project Development and Construction Management Act 1994 insert-- "(3A) The Secretary has any powers conferred on the Secretary under Part 9A of the Planning 10 and Environment Act 1987.". 6. Exemption from requirement to reserve land After section 5(4A) of the Land Acquisition and Compensation Act 1986 insert-- "(4B) Sub-section (1) does not apply to any land 15 which is special project land under section 201I(3) of the Planning and Environment Act 1987.". 11 531263B.I1-13/10/97

 


 

Planning and Environment (Amendment) Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 12 531263B.I1-13/10/97

 


 

 


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