Victorian Numbered Acts Victorian Numbered ActsAfter Part 4 of the City of Melbourne Act 2001 insert —
(1) In this Part—
"Authority nominee" means a member of the Committee nominated under section 27C(1)(a)(ii);
"Committee" means the Docklands Co-ordination Committee established by the Council under this Part;
"Co-ordination area" means—
(a) any land reserved under section 66 or 67 of the Docklands Act 1991 of which the Council is the committee of management under the Crown Land (Reserves) Act 1978 ; and
(b) any land added to that area by Order under sub-section (2)—
but does not include any land removed from the area by Order under sub-section (2);
"Council nominee" means a member of the Committee nominated under section 27C(1)(a)(i);
"Docklands Minister" means the Minister for the time being administering the Docklands Act 1991 ;
"Ministerial appointee" means a member of the Committee appointed under section 27C(1)(b);
"place management services" means services that relate to—
(a) site presentation;
(b) waterways management;
(c) safety and security;
(d) the marketing and promotion of the docklands area;
(e) the attraction and staging of events in the docklands area;
(f) any other prescribed matter.
(2) The Governor in Council, on the joint recommendation of the Minister and the Docklands Minister, may by Order add any Crown land in the docklands area to, or remove any Crown land in the docklands area from, the Co-ordination area.
(3) An Order under sub-section (2) must be published in the Government Gazette.
(1) The Council must establish a committee to be called the Docklands Co-ordination Committee.
(2) The Committee is deemed to be a Special Committee established under section 86 of the Local Government Act 1989 .
(3) Despite sub-section (2), sections 86(2), 88(3), 88(4), 88(7), 90(1)(d), 90(1)(e) and 91(3) of the Local Government Act 1989 do not apply to the Committee.
(1) The Docklands Co-ordination Committee consists of up to 7 members of whom—
(a) 6 must be persons appointed by the Council of whom—
(i) 3 must be persons nominated by the Council; and
(ii) 3 must be persons nominated by the Authority; and
(b) 1, if appointed, must be a person appointed jointly by the Minister and the Docklands Minister.
(2) Nothing in sub-section (1) requires a person to be appointed under sub-section (1)(b).
(3) An appointment under sub-section (1)(b) must specify the term of appointment (not exceeding 4 years) of the person appointed.
(4) A person appointed under sub-section (1) is eligible for reappointment.
(1) The Council may appoint as a deputy member for each member appointed by the Council a person nominated in the same manner as the member appointed by the Council for whom he or she is deputy.
(2) The Minister and the Docklands Minister may jointly appoint a person as a deputy member for the Ministerial appointee.
(3) A deputy member appointed under sub-section (1) or (2) may, in the absence of the member, attend a meeting of the Docklands Co-ordination Committee in place of the member and perform any function at that meeting that the member could have performed.
(1) The Council may at any time remove a member of the Committee who is a Council nominee or a deputy of that member from office.
(2) The Council must at the request of the Authority remove a member who is an Authority nominee or a deputy of that member from office.
(3) The Minister and the Docklands Minister may jointly remove a member who is a Ministerial appointee or the deputy of that member from office.
(1) The person who is the Ministerial appointee (if any) is to be the Chairperson at a meeting of the Docklands Co-ordination Committee at which he or she is present.
(2) For each meeting at which the member who is the Ministerial appointee (if any) is not present, the role of Chairperson is to alternate between a member nominated by the Council nominees and a member nominated by the Authority nominees on the Committee beginning with a member nominated by the Council nominees.
5 members of the Docklands Co-ordination Committee constitute a quorum.
(1) At a meeting of the Docklands Co-ordination Committee at which the Ministerial appointee presides—
(a) the Ministerial appointee (if any) has a casting as well as deliberative vote; and
(b) a question before the meeting is to be determined by a majority of votes.
(2) If at a meeting of the Committee a person other than the Ministerial appointee (if any) presides, a question before the meeting is to be determined by a unanimous vote of the members present at the meeting.
(3) Subject to this Part, the conduct of meetings of the Committee is in its discretion.
(1) The Council must, in accordance with the regulations, delegate to the Docklands Co-ordination Committee such of its functions in relation to the monitoring of place management services in the Co-ordination area as are specified in the regulations.
(2) The Council must not amend, revoke or impose conditions on a delegation made under sub-section (1) except in accordance with the regulations.
(3) The carrying out by the Committee of functions delegated under this section is deemed for the purposes of this Act and the Local Government Act 1989 to have been carried out by the Council.
(4) A delegation of a function under this section does not prevent the Council from carrying out the function.
(5) Section 42A of the Interpretation of Legislation Act 1984 does not apply to a delegation under this section.
The functions of the Docklands Co-ordination Committee are to—
(a) approve any place management plan prepared for the Co-ordination area in accordance with the regulations; and
(b) approve any finance and infrastructure plan prepared for the Co-ordination area in accordance with the regulations; and
(c) provide advice, guidance and recommendations to the Council about the provision of place management services in the Co-ordination area; and
(d) carry out any function in relation to the monitoring of place management services that is delegated to the Committee under section 27I.
(1) The Council and Authority may enter into an agreement in relation to the provision and co-ordination of place management services in the Co-ordination area.
(2) An agreement made under this Part must—
(a) provide for the prescribed matters; and
(b) not be inconsistent with this
Part or the regulations.'.
s. 5
__________________
See:
Act
No.
22/1991.
Reprint
No. 4
as
at
1 March
2005
and
amending
Act Nos 108/2004
and
95/2005.
LawToday:
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dpc.vic.
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