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PROJECT DEVELOPMENT AND CONSTRUCTION MANAGEMENT (AMENDMENT) BILL 1997

                 PARLIAMENT OF VICTORIA

          Project Development and Construction
           Management (Amendment) Act 1997
                                   Act No.


                       TABLE OF PROVISIONS
Clause                                                            Page
  1.     Purpose                                                     1
  2.     Commencement                                                1
  3.     Principal Act                                               2
  4.     Definitions                                                 2
  5.     Application of Act                                          2
  6.     New section 7 substituted                                   2
         7. Contents of order                                        2
  7.     New section 8 substituted                                   2
         8. Application order                                        2
  8.     New section 9 substituted                                   3
         9. Tabling of orders                                        3
  9.     Repeal of section 10                                        3
  10.    Grant of land                                               4
  11.    New section 18A inserted                                    4
         18A. Surrender of interests in unreserved Crown land        4
  12.    New section 19 substituted                                  5
         19. Acquisition by agreement                                5
  13.    New Divisions 2A and 2B inserted in Part 3                  6
         Division 2A--Compensation for surrendered or divested land
                                                                      6
         20A. Right to compensation on surrender or divesting          6
         Division 2B--Entry into possession of surrendered or
         divested land                                                 6
         20B.   Interpretation                                         6
         20C.   Application                                            7
         20D.   Power to enter into possession                         7
         20E.   Entry into possession                                  7
         20F.   Recovery of rent                                      10
         20G.   Proceedings where refusal to give up possession       10
         20H.   Residential Tenancies Act 1980 not to apply           12
         20I.   Giving of notice                                      12
         20J.   Minor misdescription not to invalidate notice         12




                                       i
531132B.I1-30/4/97

 


 

Clause Page 14. Disposing of land 12 15. Secretary 14 16. Statute law revision 14 NOTES 15 ii 531132B.I1-30/4/97

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Project Development and Construction Management Act 1994 and for other purposes. Project Development and Construction Management (Amendment) Act 1997 The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to make certain amendments to the Project Development and Construction Management Act 1994 and to 5 provide for additional powers relating to land. 2. Commencement This Act comes into operation on the day on which it receives the Royal Assent. 1 531132B.I1-30/4/97

 


 

Project Development and Construction Management (Amendment) Act 1997 s. 3 Act No. 3. Principal Act No. 101/1994. In this Act the Project Development and Reprint No.1 Construction Management Act 1994 is called as at 14 the Principal Act. November 1996. 5 4. Definitions In section 3(1) of the Principal Act in the definition of "the Department" for "Planning and Development" substitute "Infrastructure". 5. Application of Act 10 In section 5(3) of the Principal Act for "Section 20, 23 or 24" substitute "Section 19, 20, 22, 23 or 24". 6. New section 7 substituted For section 7 of the Principal Act substitute-- 15 "7. Contents of order A nomination order must specify-- (a) the Minister who is to be responsible for the nominated project; and (b) if there is to be a facilitating agency for 20 the nominated project, the public statutory corporation which is to be that facilitating agency.". 7. New section 8 substituted For section 8 of the Principal Act substitute-- 25 "8. Application order The Governor in Council, on the recommendation of the Premier, by order published in the Government Gazette relating to a nominated project-- 2 531132B.I1-30/4/97

 


 

Project Development and Construction Management (Amendment) Act 1997 s. 8 Act No. (a) may specify the provisions of Part 3 which are to apply in relation to the nominated project; (b) if there is a facilitating agency for the 5 nominated project, may specify the provisions of Part 3 which are to apply to that facilitating agency; (c) may specify that all or any of sections 19, 20, 22, 23 and 24 apply in relation 10 to the responsible Minister for the nominated project; (d) may specify an area of land for the purposes of the nominated project; (e) may specify any other matter permitted 15 by this Act to be specified in an order under this section.". 8. New section 9 substituted For section 9 of the Principal Act substitute-- "9. Tabling of orders 20 The Premier must cause-- (a) a copy of each nomination order, together with a statement signed by the Premier of reasons for the making of the order; and 25 (b) a copy of each application order-- to be laid before each House of Parliament within 14 sitting days after the order is made.". 9. Repeal of section 10 30 Section 10 of the Principal Act is repealed. 3 531132B.I1-30/4/97

 


 

Project Development and Construction Management (Amendment) Act 1997 s. 10 Act No. 10. Grant of land In section 17(1)(a) of the Principal Act after "18" insert "or 18A". 11. New section 18A inserted 5 After section 18 of the Principal Act insert-- "18A. Surrender of interests in unreserved Crown land (1) The responsible Minister may recommend to the Governor in Council that the interests (if 10 any) in any Crown land which is part of an area specified in an application order for a nominated project (other than Crown land reserved under the Crown Land (Reserves) Act 1978) be surrendered to the Crown on-- 15 (a) receiving a plan of the land signed by the Surveyor-General; and (b) being satisfied that the land shown on the plan represents land, the interests in which are to be surrendered to the 20 Crown. (2) On receiving the responsible Minister's recommendation, the Governor in Council may, by order published in the Government Gazette, declare that the interests (if any) in 25 the land shown on the plan are surrendered to the Crown. (3) On publication of an order under sub-section (2) in the Government Gazette-- (a) the land is deemed to be unalienated 30 land of the Crown, freed and discharged from all limitations; and (b) if any part of the land is or is being used as a road, that part of the land 4 531132B.I1-30/4/97

 


 

Project Development and Construction Management (Amendment) Act 1997 s. 12 Act No. ceases to be a road and all rights, easements and privileges existing or claimed in it either in the public or by any body or person as incident to any 5 express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and (c) if any part of the land is the bed, soil 10 and banks of a river, 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 15 grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease. (4) Sub-section (3) has effect despite anything to the contrary in section 175A of the Water 20 Industry Act 1994 or any other Act.". 12. New section 19 substituted For section 19 of the Principal Act substitute-- "19. Acquisition by agreement (1) For the purposes of a nominated project, the 25 responsible Minister or the facilitating agency may acquire by agreement an interest in land on any terms (including consideration) that the responsible Minister or agency considers appropriate. 30 (2) Any interest in land acquired by the responsible Minister under this section vests in the Crown and is deemed to be unalienated land of the Crown.". 5 531132B.I1-30/4/97

 


 

Project Development and Construction Management (Amendment) Act 1997 s. 13 Act No. 13. New Divisions 2A and 2B inserted in Part 3 After Division 2 of Part 3 of the Principal Act insert-- 'Division 2A--Compensation for surrendered 5 or divested land 20A. Right to compensation on surrender or divesting (1) Subject to this Act and the Land Acquisition and Compensation Act 1986, 10 every person (other than a public body) who immediately before the publication of an order under section 18 or 18A had a legal or equitable estate or interest in land to which the order applies has a claim for 15 compensation. (2) The Land Acquisition and Compensation Act 1986 (except sections 31 to 36) applies to the determination of compensation payable under this section as if the 20 publication of the order were a notice of acquisition of that estate or interest and the responsible Minister had acquired that estate or interest on behalf of the Crown. Division 2B--Entry into possession of 25 surrendered or divested land 20B. Interpretation In this Division-- "surrender date" in relation to land means the date of publication of an order 30 under section 18 or 18A in relation to that land; 6 531132B.I1-30/4/97

 


 

Project Development and Construction Management (Amendment) Act 1997 s. 13 Act No. "surrendered land" means land which on the publication of an order under section 18 or 18A becomes unalienated land of the Crown. 5 20C. Application This Division applies to surrendered land whether it became surrendered land before or after the commencement of section 13 of the Project Development and Construction 10 Management (Amendment) Act 1997. 20D. Power to enter into possession Subject to this Division, the responsible Minister may enter into possession of surrendered land. 15 20E. Entry into possession (1) The responsible Minister must diligently endeavour to obtain agreement with the occupier of surrendered land as to the terms on which the Minister will enter into 20 possession of the land. (2) Subject to this Division, if surrendered land or part of surrendered land is used, at the surrender date, by a person as the principal place of residence or business of that person, 25 the responsible Minister must not enter into possession of-- (a) the part of the land so used; or (b) if the whole of the land is so used, that land-- 30 before the end of 3 months after the surrender date and unless the responsible Minister has given 7 days' notice in writing of his or her intention to enter into 7 531132B.I1-30/4/97

 


 

Project Development and Construction Management (Amendment) Act 1997 s. 13 Act No. possession to the person in occupation of the land. (3) A person referred to in sub-section (2) is not liable for the payment of rent in respect of 5 the occupation by that person of that part of the surrendered land which is used as the principal place of residence or business of that person during the period specified in that sub-section. 10 (4) Sub-section (2) does not apply if-- (a) the Governor in Council, on the recommendation of the responsible Minister, by order certifies that having regard to-- 15 (i) the urgency of the case or any other exceptional circumstances; and (ii) the public interest-- it is not practicable for the responsible 20 Minister to delay entry into possession of the surrendered land until after the end of the period referred to in sub- section (2); or (b) the responsible Minister and the person 25 in occupation of the surrendered land have entered into an agreement in relation to the time of entry into possession of the surrendered land by the responsible Minister. 30 (5) If, at the surrender date, surrendered land is not used by any person as the principal place of residence or business of that person, the responsible Minister may enter into possession of the land at any time after the 35 surrender date after giving 7 days' notice in 8 531132B.I1-30/4/97

 


 

Project Development and Construction Management (Amendment) Act 1997 s. 13 Act No. writing of his or her intention to enter into possession to the person in occupation of the land. (6) The period of occupation of the surrendered 5 land after the surrender date (including the period referred to in sub-section (2)) may be extended by agreement in writing between the responsible Minister and the person in occupation of the surrendered land. 10 (7) An agreement under sub-section (6) must provide for the payment of rent by the person in occupation of the relevant land to the Crown. (8) If a person continues to occupy surrendered 15 land after the period referred to in sub- section (2) or the surrender date (as the case may be) and an agreement has not been entered into under sub-section (6) in respect of that occupation, that person is to be taken 20 to be in possession of the land in pursuance of a tenancy determinable at will by the responsible Minister and is liable to pay to the Crown a fair market rent in respect of that continued occupation. 25 (9) If a person referred to in sub-section (2) ceases of the person's own accord to occupy the surrendered land before the end of the period referred to in that sub-section, the entitlement of that person under this Division 30 to occupy the land without payment of rent to the Crown also ceases. (10) An order under sub-section (4)(a) must specify the date on which the responsible Minister is to take possession. 9 531132B.I1-30/4/97

 


 

Project Development and Construction Management (Amendment) Act 1997 s. 13 Act No. (11) The responsible Minister must give a copy of the order under sub-section (4)(a) to the person in occupation of the land. (12) The person whose period of occupation of 5 the surrendered land was abridged under sub-section (4)(a) is entitled to claim compensation under Division 2A for any loss or damage which is incurred as a direct, natural and reasonable consequence of that 10 abridgment and for which the person could not otherwise make a claim under that Division. (13) The compensation payable pursuant to sub- section (12) may be paid to-- 15 (a) the person who is entitled to claim the compensation; or (b) the constituted attorney of that person. 20F. Recovery of rent Any rent payable to the Crown under section 20 20E may be recovered as a debt due to the Crown in any court of competent jurisdiction. 20G. Proceedings where refusal to give up possession 25 (1) If the responsible Minister is entitled under this Division to enter into possession of surrendered land and the occupier of the land or any other person-- (a) refuses to give up the possession of the 30 land; or (b) hinders the responsible Minister from entering on and taking possession of the land-- 10 531132B.I1-30/4/97

 


 

Project Development and Construction Management (Amendment) Act 1997 s. 13 Act No. the responsible Minister may issue his or her warrant under this section to the sheriff. (2) A warrant issued under this section authorises the sheriff to-- 5 (a) enter onto the land specified in the warrant; and (b) deliver possession of the land to the responsible Minister or the person appointed in the warrant to receive 10 possession of the land; and (c) use such force as is reasonably necessary to execute the warrant. (3) On receipt of a warrant issued under this section, the sheriff must deliver possession 15 of the land to the responsible Minister or the person appointed in the warrant to receive possession of the land. (4) The costs incurred in the issuing and execution of a warrant must be paid by the 20 person refusing to give up possession. (5) The amount of the costs and the amount of any rent owed by that person must be deducted and retained by the responsible Minister from the compensation (if any) 25 payable under this Part to that person. (6) If no compensation is payable to that person or if the compensation payable is less than the amount of the costs and rent (if any) then payment of the amount in excess of the 30 compensation must if not paid on demand be enforced by a warrant to seize property. (7) On application by the responsible Minister, a magistrate must issue a warrant for the purposes of sub-section (6). 11 531132B.I1-30/4/97

 


 

Project Development and Construction Management (Amendment) Act 1997 s. 14 Act No. (8) In this section, "sheriff" means the sheriff or a deputy sheriff under the Supreme Court Act 1986. 20H. Residential Tenancies Act 1980 not to apply 5 Nothing in the Residential Tenancies Act 1980 applies to or in relation to any matter provided for or any proceedings under this Division. 20I. Giving of notice 10 If the whereabouts of a person to whom the responsible Minister is required to give a notice or document is not known to the responsible Minister, the notice or document may be given-- 15 (a) by publication of a copy of it in a newspaper circulating generally throughout the State; and (b) by affixing it in a prominent place on the land to which it relates. 20 20J. Minor misdescription not to invalidate notice The validity of any notice under this Division is not affected by any misdescription in it of the land or of any 25 interest in the land if sufficient information appears on the face of the notice to identify the land or interest affected.'. 14. Disposing of land For section 22(3) of the Principal Act 30 substitute-- "(3) For the purposes of a nominated project, the responsible Minister, may-- 12 531132B.I1-30/4/97

 


 

Project Development and Construction Management (Amendment) Act 1997 s. 14 Act No. (a) grant a lease or licence or easement or privilege over Crown land; or (b) recommend to the Governor in Council the grant, sale or disposition of Crown 5 land-- on any terms (including consideration) that the responsible Minister considers appropriate. (4) The responsible Minister must consult with 10 the Minister administering the Land Act 1958 before exercising any power under sub- section (3). (5) Sub-section (3) does not apply to land which is reserved under the Crown Land 15 (Reserves) Act 1978. (6) The Governor in Council may grant, sell or dispose of Crown land to any person in accordance with the recommendation of the responsible Minister under this section. 20 (7) Land may be sold or disposed of to a person under sub-section (6) on condition that the person enter into an agreement with the responsible Minister concerning the use or development of the land. 25 (8) Division 2 of Part 9 of the Planning and Environment Act 1987 applies to an agreement under sub-section (2) or (7) as if-- (a) it was an agreement under that 30 Division; and (b) it referred to the responsible Minister or the facilitating agency (as the case requires) instead of the responsible authority for the planning scheme; and 13 531132B.I1-30/4/97

 


 

Project Development and Construction Management (Amendment) Act 1997 s. 15 Act No. (c) section 174(2)(c) were omitted; and (d) sections 177(2), 178 and 179(1) referred to the responsible Minister or the facilitating agency (as the case 5 requires) instead of the Minister. (9) This section applies despite anything to the contrary in the Land Act 1958.". 15. Secretary In section 35(1) of the Principal Act for 10 "Secretary to the Department of Planning and Development" substitute "Secretary to the Department of Infrastructure". 16. Statute law revision (1) In section 27 of the Principal Act-- 15 (a) in sub-section (1)(b) omit "relating to an agreement or contract"; (b) in sub-section (2)(a) for "a agreement" substitute "an agreement". (2) Parts 8 and 9 of the Principal Act are repealed. 20 14 531132B.I1-30/4/97

 


 

Project Development and Construction Management (Amendment) Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 15 531132B.I1-30/4/97

 


 

 


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