Victorian Current Acts

EASTLINK PROJECT ACT 2004

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   3A.     Transport Integration Act 2010  
   4.      The Project  
   4A.     Functions and powers of the Head, Transport for Victoria  
   5.      Project area  
   6.      Extended Project area  
   7.      Changes to Project area and Extended Project area  
   7A.     Consolidated Plans  
   8.      Traffic control centre  
   9.      Application of Crown Land (Reserves) Act 1978  
   10.     Freeway Corporation  
   11.     Freeway Corporation not to be public authority  
   12.     Delegation by Freeway Corporation  
   13.     Delegation by Minister  
   14.     Act to bind Crown  

   PART 2--THE AGREEMENT

           Division 1--The Agreement for the Project

   15.     Power to enter into Agreement  
   16.     Power to enter into Project Documents  
   17.     Amendment of Agreement  
   18.     Notice of Agreement, Amending agreement, or variation  
   19.     Commencement of Agreement  
   20.     Commencement of Amending agreement or variation  
   21.     Tabling in Parliament  
   22.     Revocation  
   23.     Effect of revocation of Amending agreement or variation  

           Division 2--Giving effect to the Agreement

   24.     Act to prevail over Agreement  
   25.     Duty of Government to give effect to Agreement  
   26.     Appropriation  
   27.     Specific performance  
   28.     Enforcement of Agreement  
   29.     No warranty given  
   30.     Agreement to be State contract  
   31.     Agreement may require performance bond or other security  
   31A.    Payments for performance  
   32.     Agreement may empower State to call for transfer of property  
   33.     Security for payments to State under Agreement  

   PART 3--ACQUISITION OF PROJECT LAND

           Division 1--Acquisition of land in the Project area

   34.     Powers of acquisition  
   35.     Application of Land Acquisition and Compensation Act 1986  
   36.     Acquired land to be Crown land  
   37.     Acquired land deemed to be reserved  
   38.     Acquisition of easement—easement in gross  
   39.     Acquisition by Authority—effect on Utilities  
   40.     Acquisition of lease or licence  
   41.     Modification of Land Acquisition and Compensation Act 1986—general  
   42.     Modification of Land Acquisition and Compensation Act 1986—temporary occupation  
   43.     Modification of Land Acquisition and Compensation Act 1986—regulations  
   44.      Transfer of building or structure as compensation  
   45.     Adjoining land may be provided as compensation  
   46.     Cultural and Recreational Lands Act 1963  

           Division 2--Acquisition of native title rights and interests

   47.     Compulsory acquisition of native title rights and interests  
   48.     Acquired right or interest to vest in Crown  
   49.     Procedure for acquisition  
   50.     Referral of objections to Tribunal  
   51.     Determination of Tribunal on objection  
   52.     Disputed claims for compensation: native title land  
   53.     Cultural and Recreational Lands Act 1963  

           Division 3--Acquisition of land outside the Project area

   54.     Power of Authority to purchase land  

   PART 4--PROVISION OF PUBLIC LAND AND COUNCIL LAND

           Division 1--Surrender or divesting of public land and Council land

   55.     Surrender or divesting of land of public authorities and Councils  
   56.     Surrender of interests in unreserved Crown land  
   57.     Effect of surrender or divesting  
   58.     Temporary reservation may be amended or revoked  

           Division 2--Removal of reservations on land

   59.     Land Acts not to apply  
   60.     Revocation of reservation of Schedule 1 land  
   61.     Revocation of reservations—entire reservation  
   62.     Revocation of reservations—part of reservation  
   63.     Effect of revocation of reservation  
   64.     Temporary reservation may be amended or revoked  
   65.     Minister to be notified of reservation  

           Division 3--Declaration of roads

   66.     Orders may continue or declare roads  

           Division 4--Entry into possession of certain Project land

   67.     Definitions  
   68.     Power to enter into possession  
   69.     Authority must try to obtain agreement  
   70.     Time for entry into possession—general  
   71.     Time for entry into possession—residence or business  
   72.     Early entry of place of residence or business  
   73.     Occupation may be extended by agreement  
   74.     Continued occupation without agreement  
   75.     Recovery of rent  
   76.     Proceedings where refusal to give up possession  
   77.     Residential Tenancies Act 1997 not to apply  
   78.     Giving of notices and documents  

           Division 5--Compensation for surrendered or divested or reserved land

   79.     Compensation—surrender, divesting or revocation of reservation  
   80.     Compensation for Councils in certain circumstances  
   81.     Transfer of building or structure as compensation  
   82.     Adjoining land may be provided as compensation  
   83.     No other compensation payable  

           Division 6--General

   84.     Effect of reservation of a stratum of Crown land  

   PART 5--MANAGEMENT OF LAND FOR PROJECT

           Division 1--General powers of Authority

   85.     Authority appointed committee of management  
   86.     Authority may carry out or authorise works on public land  
   87.     Authority liable to pay compensation  
   88.     Temporary access to Crown land  
   88A.    Powers in relation to easements  

           Division 2--Licences

   89.     Application  
   90.     Authority may issue licence for purposes of Project  
   91.     Term of licence  
   92.     Conditions of licence—general  
   93.     Conditions on licence over stratum of land  
   94.     Conditions relating to sub-licences  
   95.     Ability to mortgage licence  
   96.     Amendment of licence  
   97.     Termination of licence  
   98.     Renewal of licence  
   99.     Revocation of reservation on termination of licence  
   100.    Orders may close roads  
   101.    Orders may continue roads  

           Division 3--Leases

   102.    Application  
   103.    Leasing powers  
   104.    Term of lease  
   105.    Conditions of lease—general  
   106.    Conditions on lease over stratum of land  
   107.    Conditions relating to sub-leases  
   108.    Ability to mortgage lease  
   109.    Amendment of lease  
   110.    Termination of lease  
   111.    Renewal of lease  

           Division 4--Interim operation

   112.    Interim operation  

           Division 5--Interim leases and licences for reserved Project land

   113.    Application  
   114.    Power to issue interim licences for reserved project land  
   115.    Power to grant interim leases for reserved project land  
   116.    Termination of lease or licence  
   117.    Proceedings where refusal to give up possession  
   118.    Residential Tenancies Act 1997 not to apply  

           Division 6--Powers over other land

   119.    Land purchased by Authority  
   120.    Authority may enter into agreements for land  
   121.    Surplus land  
   122.    Disposition of surplus land  

   PART 6--STATUTORY POWERS AND EXEMPTIONS

           Division 1--Planning controls

   123.    Authority may be planning authority  
   124.    Authority to be responsible authority  
   125.    Authority to be referral authority  
   126.    Application of planning laws  
   127.    Planning compensation  

           Division 2--Exemption from other statutory approvals

   128.    Approvals of public bodies not required  

           Division 3--Application of other Acts

   129.    Building Act 1993  
   130.    Building and Construction Industry Security of Payment Act 2002  
   131.    Mineral resources and extractive industry  

   PART 7--ROAD MANAGEMENT

           Division 1--Application

   132.    Powers under Road Management Act 2004  

           Division 2--Construction powers in relation to roads

   133.    Powers relating to roads  
   134.    Authority to comply with Agreement  
   135.    Authority to advise road authority before exercising power  
   136.    Exercise of powers by road authority  
   137.    Effect of decision about road  
   138.    Temporary closure of roads to traffic  
   139.    Powers of Freeway Corporation in relation to existing roads  
   140.    Restriction on powers to close or discontinue roads  
   141.    Compensation for denial of access  
   142.    Freeway Corporation to be responsible for road management for certain roads on licensed land  

           Division 3--Road declaration powers

   143.    Declaration of EastLink  
   144.    Declaration of other roads  
   145.    Power to revoke declaration  
   146.    Head, Transport for Victoria may not declare roads on licensed land or leased land  

           Division 4--Power of Minister to close EastLink to traffic

   147.    Power of Minister to close EastLink  

   PART 8--INTERFACE WITH UTILITIES

           Division 1--Introduction

   148.    Certain powers of Utilities not affected  

           Division 2--Consent of Authority

   149.    Division does not apply to leased land or licensed land  
   150.    Utility to obtain consent of Authority  
   151.    Utility may refer matter to Ministers for determination  

           Division 3--Consent of Freeway Corporation

   152.    Utility to obtain consent of Freeway Corporation  
   153.    Utility may refer matter to Ministers for determination  

           Division 4--Agreements between Freeway Corporation and Utility

   154.    Agreements in relation to licensed land  
   155.    What can a Utility agreement provide for?  
   156.    Requirements for Utility agreements  
   157.    Utility agreements must be approved by the Authority  
   158.    Utility agreement may be amended  

           Division 5--Notified Utility infrastructure

   159.    Duty to identify Utility infrastructure  
   160.    Freeway Corporation to give notice  
   161.    Duty of Utility to give notice  
   162.    Copies of notices to be given to Authority  
   163.    Freeway Corporation to consult and seek agreement  
   164.    Referral to Ministers for determination if no agreement  
   165.    Power of Minister to direct Utility  
   166.    Direction to Freeway Corporation  
   167.    Requirements for directions  
   168.    Direction to prevail over requirement to consent  

           Division 6--Unnotified Utility infrastructure

   169.    Duties of Freeway Corporation  
   170.    Freeway Corporation to give notice  
   171.    Utility agreement may be entered into  
   172.    Notice to Minister if Utility cannot be found or fails to respond  
   173.    Minister may direct Utility to carry out works  
   174.    Direction to Freeway Corporation after notice to Minister  
   175.    Direction to Freeway Corporation after application to Minister  
   176.    Requirements for directions  
   177.    Direction to prevail over requirement to consent  

           Division 7--Liability for costs

   178.    Freeway Corporation to be liable for certain relocation and rectification costs  
   179.    Standard to apply to relocation or rectification  
   180.    Liability for costs of disruption of infrastructure services  
   181.    Utility liable for differential if it requests upgrade  
   182.    Utility liable for delay costs  
   183.    Limitation of liability  
   184.    Dispute as to cost of relocation or rectification  
   185.    Certification of work  
   186.    Referral of matters by Utilities to Ministers for determination  
   187.    Referral of matters by Freeway Corporation to Ministers for determination  
   188.    Freeway Corporation no longer liable if work satisfactory  

           Division 8--Dispute resolution

   189.    Who can determine matters referred to the Ministers?  
   190.    What must be considered in determining a matter?  
   191.    Requirements for determinations  
   192.    Determination to prevail over inconsistent laws  

           Division 9--No review of determination or direction

   193.    No appeal or review  

   PART 9--TOLLS

           Division 1--Right to toll

   194.    Freeway Corporation may fix, charge and collect tolls and toll administration fees  
   195.    Fixing of tolls and toll administration fees  
   196.    Commencement of tolling  

           Division 2--Charge and collection of tolls

   197AA.  Authorisation of authorised persons  
   197.    Liability to pay toll charged  
   198.    Exemptions from toll and toll administration fees  
   199.    Operator not liable if effective tolling statement made  
   199A.   Cancellation of acceptance of statement  
   199B.   Offence to provide false or misleading information  
   200.    Charge of toll  
   201.    Payment of toll  
   202.    Declared freeway use agreements  
   203.    Prescribed tolling system not surveillance device  
   203A.   Minimum debt recovery requirements  

           Division 3--Tolling offences and registration of vehicles

   204.    Offence to drive unregistered vehicle in toll zone  
   205.    Registration of vehicles  
   205A.   On-going registration  
   205B.   Temporary registration  
   205C.   Information to be given in relation to registration  
   205D.   Cancellation or suspension of registration  
   206.    Offence to tamper with prescribed tolling devices  
   206A.   Offence to fraudulently induce registration  

           Division 4--Tolling enforcement

   206B.   Payment of prescribed administrative amount  
   207.    Freeway Corporation may notify enforcement agency of non‑payment of toll  
   207A.   Disputes in relation to payment of tolls  
   208.    Enforcement officers  
   209.    Identification of enforcement officers  
   210.    Power to serve a notice  
   212.    Infringement penalty  
   215.    Additional effect of expiation  
   216.    Application of penalty  
   218.    Enforcement of infringement penalty  
   219.    Operator onus offence  
   219A.   Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone  

           Division 5--Evidentiary provisions

   220.    Proof that vehicle driven on EastLink in a toll zone  
   221.    Evidence of certificate or document from Transport Secretary  
   221A.   General evidentiary provision  
   222.    Evidence of certificate issued by Freeway Corporation  

           Division 6--Disclosure and keeping of records

   223.    Transport Secretary may disclose certain information  
   223A.   Transport Secretary must disclose certain interstate information  
   224.    Freeway Corporation to keep proper records  
   225.    Destruction of records  

           Division 7--North East Link roaming agreement

   225A.   Definitions  
   225B.   Making North East Link roaming agreement  
   225C.   Roaming fees  
   225D.   Determination of net incremental marginal cost  

   PART 10--ADMINISTRATION AND ENFORCEMENT

           Division 1--Use of statutory powers and functions for Project

   226.    Governor in Council may require bodies to act  
   227.    Minister may direct certain bodies to act  
   228.    Powers of certain bodies extended  

           Division 2--Limitations on powers of Councils

   229.    Limitation on Council powers—generally  
   230.    Limitation on powers to make local laws  

           Division 3--Emergency orders

   231.    Independent Reviewer  
   232.    Emergency orders  
   233.    Service of emergency order  
   234.    Period of operation of emergency order  
   235.    Offence to fail to comply with emergency order  
   236.    No appeal or review  
   237.    Request for police assistance  

           Division 4--Emergency management

   238.    Emergency management  
   239.    Emergency access to Project area  

           Division 5--Powers of State to control EastLink

   240.    Powers of State to control Project  

           Division 6--Powers of Authority to investigate

   241.    Who is a Project party?  
   242.    Authority can require information  
   243.    Offence to fail to comply  
   244.    Authorised officers  
   245.    Identification of authorised officers  
   246.    Powers of entry and access  
   247.    Offence to hinder authorised officer  

           Division 7--Evidentiary provisions

   248.    Evidentiary certificates of Authority  
   249.    Evidentiary certificates of Freeway Corporation  

           Division 8--Service of documents

   250.    Service of documents  

           Division 9--Proceedings for offences

   251.    Proceedings for offences under Part 9  
   252.    Proceedings for other offences  

   PART 11--GENERAL

   253.    Taxes and duties  
   254.    Rates and charges  
   255.    Requirement on Minister to consult  
   256.    Action by Registrar of Titles  
   257.    Supreme Court—limitation of jurisdiction  
   258.    Regulations  
   259.     Saving provision concerning change of Act name  
           SCHEDULE
           ENDNOTES