{"id":"major-transport-projects-facilitation-act-2009","name":"Major Transport Projects Facilitation Act 2009","slug":"major-transport-projects-facilitation-act-2009","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176466,"registerId":"vic-major-transport-projects-facilitation-act-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Applicable laws and applicable approvals 273","content":"Schedule 1—Applicable laws and applicable approvals 273\n\nEndnotes 276\n\n1 General information 276\n\n2 Table of Amendments 278\n\n3 Explanatory details 283\n\n**Version No.** **041**\n\n**Major Transport Projects Facilitation Act 2009**\n\n**No. 56 of 2009**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts:**\n\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Purpose","content":"\t1 Purpose\n\nThe purpose of this Act is to facilitate the development of major transport projects.\n\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 July 2010, it comes into operation on that day.\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nIn this Act—\n\n***applicable approval*** means an approval, authorisation, consent, determination, decision (however described), licence or permit under an applicable law that is specified in column 2 of the Table in Schedule 1;\n\n***applicable law*** means an Act specified in column 1 of the Table in Schedule 1;\n\nS. 3 def. of *applicable law criteria* inserted by No. 49/2013 s. 4(1)(a).\n\n***applicable law criteria*** means matters, things, criteria, factors, circumstances, principles, purposes or objects specified in an applicable law that may or must (as the case requires) be applied or complied with, had regard to or taken into account by an applicable law decision maker when making a decision whether to grant an applicable approval under that law;\n\n***applicable law decision*** means a decision (however described) under an applicable law granting an applicable approval;\n\n***applicable law decision maker*** means a person or body who, under an applicable law, grants an applicable approval under that law;\n\n***application fee*** has the meaning given by section 4;\n\n***approval decision*** means a decision of the Planning Minister under section 77;\n\nS. 3 def. of *approved project* amended by No. 48/2024 s. 3(a).\n\n***approved project*** means a declared project, or part of a declared project, in respect of which a project area has been designated under Part 4;\n\n***arterial road*** has the same meaning as in the **Road Management Act 2004**;\n\n***assessment committee*** means an assessment committee established under Part 8;\n\n***assessment committee recommendation*** means a recommendation under section 73;\n\nS. 3 def. of *associated works* inserted by No. 49/2013 s. 4(1)(a).\n\n***associated works*** means works or activities that have been declared to be associated works under section 15B;\n\n***business day*** means a day that is not—\n\n(a) a Saturday or a Sunday; or\n\n(b) a day that is appointed as a public holiday or public half-holiday throughout the whole of Victoria under the **Public Holidays Act 1993**;\n\nS. 3 def. of *Central Plan Office* amended by No. 70/2013 s. 4(Sch. 2 item 28), repealed by No. 53/2017 s. 83.\n\n***comprehensive impact statement*** means a statement prepared under Division 5 of Part 3 and includes such a statement revised under that Division;\n\n***comprehensive impact statement assessment process*** means the process and requirements set out in Division 5 of Part 3;\n\n***comprehensive impact statement determination***, in relation to a declared project, means a determination under section 20(1) requiring the preparation of a comprehensive impact statement for that project;\n\nS. 3 def. of *compre-hensive impact statement issues report* repealed by No. 49/2013 s. 4(1)(b).\n\n***construct*** includes reconstruct or make structural changes;\n\nS. 3 def. of *coordinating road authority* inserted by No. 43/2021 s. 133(1)(a).\n\n***coordinating road authority*** has the same meaning as in the **Road Management Act 2004**;\n\nS. 3 def. of *Council* amended by No. 9/2020 s. 390(Sch. 1 item 67.1).\n\n***Council*** has the same meaning as in the **Local Government Act 2020**;\n\n***Crown land*** includes a stratum of Crown land;\n\n***cultural heritage management plan*** has the same meaning as in the **Aboriginal Heritage Act 2006**;\n\n***declared project*** means a transport project declared under section 10 to be a declared project;\n\nS. 3 def. of *Department* amended by No. 49/2013 s. 4(1)(c), substituted by Nos 49/2019 s. 186(Sch. 4 item 26.1(a)), 48/2024 s. 39.\n\n***Department*** has the same meaning as in section 3 of the **Transport Integration Act 2010**;\n\n***development***, in relation to a declared project, includes—\n\n(a) the construction of a facility or infrastructure; and\n\n(b) the construction or exterior alteration or exterior decoration of a building; and\n\n(c) the demolition or removal of a building or works; and\n\n(d) the construction or carrying out of works; and\n\n(e) the subdivision or consolidation of land, including buildings or airspace; and\n\n(f) the placing or relocation of a building or works on land; and\n\n(g) the construction or putting up for display of signs or hoardings;\n\nS. 3 def. of *development licence* inserted by No. 39/2018 s. 41(4).\n\n***development licence*** has the same meaning as in the **Environment Protection Act 2017**;\n\nS. 3 def. of *Director  \nof Public Transport* substituted by No. 6/2010 s. 203(1)  \n(Sch. 6 item 30(a)) (as amended by No. 45/2010 s. 22), repealed by No. 61/2011 s. 25(Sch. 1 item 5.1(a)).\n\nS. 3 def. of *discretionary applicable law criteria* repealed by No. 49/2013 s. 4(1)(b).\n\n***enactment*** means an Act or a regulation under an Act;\n\nS. 3 def. of *Environment Protection Authority* or *EPA* amended by No. 39/2018 s. 41(1).\n\n***Environment Protection Authority*** or ***EPA*** means the Authority within the meaning of the **Environment Protection Act 2017**;\n\n***formal public hearing*** means a hearing conducted by an assessment committee under Subdivision 7 of Division 5 of Part 3;\n\n***freeway*** has the same meaning as in the **Road Management Act 2004**;\n\n***further option*** means a further option in relation to a declared project referred to in section 69;\n\nS. 3 def. of *grant* amended by No. 49/2013 s. 4(1)(d).\n\n***grant***, in relation to an applicable approval, includes, as the case requires, prepare, adopt, give, make, issue or provide;\n\n***heavy vehicle*** has the same meaning as in the **Road Safety Act 1986**;\n\n***impact*** means a reasonably foreseeable, direct or indirect impact arising from—\n\n(a) the development of an approved project; or\n\n(b) the use of transport or non-transport infrastructure established by the approved project; or\n\n(c) the decommissioning of the transport or non-transport infrastructure established by the approved project;\n\n***impact assessment guidelines*** means guidelines prepared under section 17;\n\n***impact management plan*** means a plan prepared under Division 4 of Part 3;\n\n***impact management plan assessment process*** means the process and requirements set out in Division 4 of Part 3;\n\n***impact management plan determination***, in relation to a declared project, means a determination under section 20(1) requiring the preparation of an impact management plan for that project;\n\n***infrastructure manager*** has the same meaning as in the **Road Management Act 2004**;\n\nS. 3 def. of *interest* inserted by No. 43/2021 s. 133(1)(a).\n\n***interest***, in relation to land, means—\n\n(a) a legal or equitable estate or interest in land; or\n\n(b) an easement, right, charge, power or privilege in, under, over, affecting or in connection with land;\n\nS. 3 def. of *land* substituted by No. 43/2021 s. 133(1)(b).\n\n***land*** includes—\n\n(a) buildings and other structures permanently fixed to land; and\n\n(b) land covered with water; and\n\n(c) any interest in land; and\n\n(d) a stratum of land;\n\n***lease***, in Division 7 of Part 6, means a lease granted under section 177;\n\n***leased land*** means land that is the subject of a lease granted under section 177;\n\n***lessee*** means a person who is, for the time being, the lessee under a lease granted under section 177;\n\n***licence*** in Division 7 of Part 6, means a licence issued under section 173;\n\n***licensed land*** means land that is subject to a licence issued under section 173;\n\n***licensee*** means a person who is, for the time being, the holder of a licence issued under section 173;\n\nS. 3 def. of *mandatory applicable law criteria* repealed by No. 49/2013 s. 4(1)(b).\n\n***municipal road*** has the same meaning as in the **Road Management Act 2004**;\n\n***Native Title Act*** means the Native Title Act 1993 of the Commonwealth;\n\nS. 3 def. of *navigation aid* amended by No. 65/2010 s. 420(Sch. 3 item 11(a)).\n\n***navigation aid*** has the same meaning as in the **Marine Safety Act 2010**;\n\n***non-arterial State road*** has the same meaning as in the **Road Management Act 2004**;\n\nS. 3 def. of *non-road infrastructure* inserted by No. 43/2021 s. 133(1)(a).\n\n***non-road infrastructure*** has the same meaning as in the **Road Management Act 2004**;\n\nS. 3 def. of *non-transport infrastructure* substituted by Nos 43/2021 s. 133(1)(c), 48/2024 s. 3(b).\n\n***non-transport infrastructure*** has the meaning given by section 4AA;\n\n***notice of acquisition*** means a notice of acquisition within the meaning of the **Land Acquisition and Compensation Act 1986**;\n\n***Planning Minister*** means the Minister administering the **Planning and Environment Act 1987**;\n\nS. 3 def. of *planning permit* inserted by No. 43/2021 s. 133(1)(a).\n\n***planning permit*** means a permit issued under the **Planning and Environment Act 1987**;\n\nS. 3 def. of *planning scheme* inserted by No. 43/2021 s. 133(1)(a).\n\n***planning scheme*** means a planning scheme under the **Planning and Environment Act 1987**;\n\nS. 3 def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 105.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***port***—\n\n  (a)  means a facility at which goods can be loaded and unloaded, or persons can board and disembark, from a vessel; and\n\n(b) includes channels, navigation aids and other infrastructure and equipment that is necessary to enable the safe movement of vessels to and from a facility referred to in paragraph (a);\n\n***preliminary hearing*** means a preliminary hearing conducted under section 57;\n\nS. 3 def. of *preliminary risk report* inserted by No. 49/2013 s. 4(1)(a).\n\n***preliminary risk report***, in relation to a project proposal, means a document that identifies and categorises the various risks associated with a declared project and identifies matters that require further investigation in a comprehensive impact statement;\n\n***project area***, for a declared project or an approved project, means the area of land designated by Order under section 95, as varied by Order under section 96 or consolidated by Order under section 97;\n\n***project authority***, for a declared project or an approved project, means—\n\n(a) the project proponent; or\n\n(b) if the Project Minister appoints an entity under section 6, that entity;\n\n***project contractor*** means a person designated under section 7;\n\n***project declaration*** means a declaration made under section 10;\n\n***project declaration guidelines*** means guidelines prepared under section 13;\n\n***project function***, for a project authority, means a function or power specified under section 101 or 102;\n\nS. 3 def. of *project land* amended by Nos 49/2013 s. 4(2), 43/2021 s. 133(2).\n\n***project land***, for an approved project, means—\n\n(a) land that is acquired by, or vested in, the project authority or the Crown under Part 6, including land that is surrendered or divested under that Part and underground land; or\n\n(ab) land granted to the project authority on behalf of the Crown under Part 6 for the purposes of the approved project; or\n\n(b) land acquired by a project authority for the project for the purposes of the approved project before that project became an approved project; or\n\n(c) land that is taken under Part 6 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 approved project; or\n\n(d) Crown land previously reserved for the purposes of the approved project that has become unreserved Crown land under section 141 and has not been granted to the project authority under section 142B;\n\nS. 3 def. of *Project Minister* amended by No. 48/2024 s. 3(c).\n\n***Project Minister*** means a Minister appointed under section 14(1)(a);\n\nS. 3 def. of *project proponent* amended by No. 48/2024 s. 3(d).\n\n***project proponent***, for a declared project, means the entity appointed under section 14(1)(b), (2) or (3);\n\nS. 3 def. of *project proposal* substituted by No. 49/2013 s. 4(1)(e).\n\n***project proposal***  means a document that contains—\n\n(a) a description of the declared project and any associated works; and\n\n(b) a preliminary risk report;\n\n***project proposal guidelines*** means guidelines prepared under section 16;\n\n***properly made submission*** means a submission or an amendment to a submission that complies with section 52(3);\n\nS. 3 def. of *protection agency* inserted by No. 49/2013 s. 4(1)(a), repealed by No. 39/2018 s. 41(2).\n\n***public authority*** means a person or body (including a trust) established by or under an Act for a public purpose other than a Council;\n\n***public exhibition period***, for a comprehensive impact statement, means the period determined by the Planning Minister under section 45 for that statement;\n\n***public land*** means—\n\n(a) Crown land; or\n\n(b) land owned by or vested in a public authority;\n\n***public sector body*** has the same meaning as in the **Public Administration Act 2004**;\n\nS. 3 def. of *Public Transport Development Authority* inserted by No. 61/2011 s. 25(Sch. 1 item 5.1(b)), repealed by No. 49/2019 s. 186(Sch. 4 item 26.1(b)).\n\n***publication fee guidelines*** means the guidelines prepared under section 18;\n\nS. 3 def. of  \n*rail infrastructure* amended by No. 93/2009 s. 43(1), substituted by Nos 22/2013 s. 60(a), 41/2019 s. 117(Sch. 1 item 8.1).\n\n***rail infrastructure*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);\n\nS. 3 def. of *realign* inserted by No. 48/2024 s. 18.\n\n***realign***, in relation to a road, includes narrowing or widening of the road;\n\n***registered Aboriginal party*** has the same meaning as in the **Aboriginal Heritage Act 2006**;\n\n***reservation date***, in relation to land, means the date on which the land became project land;\n\n***restricted access area*** means an area established under section 196;\n\n***review determination*** means a determination under section 42;\n\n***revised comprehensive impact statement*** means a comprehensive impact statement revised in accordance with section 61;\n\nS. 3 def. of *road* amended by No. 43/2021 s. 133(1)(d).\n\n***road*** has the same meaning as in the **Road Management Act 2004** and includes part of such a road;\n\n***road authority*** has the same meaning as in the **Road Management Act 2004**;\n\nS. 3 def. of *road function* amended by No. 43/2021 s. 133(1)(e).\n\n***road function*** means a project function conferred on a project authority relating to Subdivision 1 or 3 of Division 8 of Part 6;\n\n***road infrastructure*** has the same meaning as in the **Road Management Act 2004**;\n\nS. 3 def. of *rolling stock* substituted by Nos 22/2013 s. 60(b), 41/2019 s. 117(Sch. 1 item 8.2).\n\n***rolling stock*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);\n\n***scoping directions*** means directions prepared by the Planning Minister under section 22 or 30;\n\n***Secretary*** means Secretary to the Department;\n\nS. 3 def. of *State environment protection policy* repealed by No. 39/2018 s. 41(2).\n\n***stratum of Crown land*** means a stratum of land that is Crown land;\n\n***stratum of land*** means a part of land consisting of a space of any shape, below on or above the surface of the land, or partly below and partly above the surface of the land, all the dimensions of which are limited;\n\n***supplementary assessment*** has the meaning given by section 69(1)(b);\n\n***surplus land*** means land determined under section 180 to be surplus land;\n\nS. 3 def. of *transport body* inserted by No. 43/2021 s. 133(1)(a).\n\n***transport body*** has the same meaning as in the **Transport Integration Act 2010**;\n\n***transport infrastructure*** means any of the following—\n\n(a) road infrastructure;\n\n(b) rail infrastructure;\n\n(c) infrastructure that can be used for the movement of persons or goods;\n\n(d) a port;\n\n(e) a facility at which—\n\n(i) goods can be loaded or unloaded from rolling stock; and\n\n(ii) goods can be loaded or unloaded from heavy vehicles; and\n\n(iii) goods referred to in subparagraphs (i) and (ii) can be temporarily stored;\n\nS. 3 def. of *transport project* amended by No. 48/2024 s. 3(e).\n\n***transport project*** means a project, or a program of works or projects, for the development of—\n\n(a) transport infrastructure; or\n\n(b) transport infrastructure together with non-transport infrastructure;\n\nS. 3 def. of *underground land* inserted by No. 43/2021 s. 133(1)(a).\n\n***underground land***—see section 162(1);\n\nS. 3 def. of *utilities interface function, power or duty* inserted by No. 48/2024 s. 13.\n\n***utilities interface function, power or duty*** means a function or power conferred, or duty imposed, on a project authority under Division 5 of Part 7;\n\n***utility*** means an entity (whether publicly or privately owned) that provides, or intends to provide, water, sewerage, drainage, gas, electricity or other like services under the authority of an Act of Victoria;\n\n***utility infrastructure*** means any part of the supply, distribution or reticulation network owned, operated or controlled by a utility, including poles, pipes, cables, wires, conduits and tunnels;\n\n***vehicle*** has the same meaning as in the **Road Safety Act 1986**;\n\nS. 3 def. of *vessel* amended by No. 65/2010 s. 420(Sch. 3 item 11(b)).\n\n***vessel*** has the same meaning as in the **Marine Safety Act 2010**;\n\nS. 3 def. of *VicRoads* substituted by No. 6/2010 s. 203(1)  \n(Sch. 6 item 30(b)) (as amended by No. 45/2010 s. 22), repealed by No. 49/2019 s. 186(Sch. 4 item 26.1(c)).\n\nS. 3 def. of *waste management policy* repealed by No. 39/2018 s. 41(2).\n\nS. 3 def. of *works* amended by No. 39/2018 s. 41(3).\n\n***works*** includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil.\n\nS. 3 def. of *works approval* repealed by No. 39/2018 s. 41(2).\n\nS. 3A inserted by No. 6/2010 s. 25(5)(Sch. 2 item 7) (as amended by No. 45/2010 s. 6).\n\n","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Transport Integration Act 2010","content":"\t3A Transport Integration Act 2010\n\nThis Act is interface legislation within the meaning of the **Transport Integration Act 2010**.\n\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of *application fee*","content":"\t4 Meaning of *application fee*\n\nFor the purpose of this Act, an ***application fee*** is—\n\n(a) if the regulations prescribe an application fee, that fee;\n\nS. 4(b) amended by No. 39/2018 s. 41(5).\n\n(b) if the regulations do not prescribe an application fee, the sum of every fee that would otherwise be payable in or as part of an application for an applicable approval, or on the granting of an applicable approval (as the case requires) by or under an applicable law that is referred to in an impact management plan or comprehensive impact statement (other than the fee payable for an application for the issue of a development licence).\n\nS. 4AA inserted by No. 48/2024 s. 4.\n\n\t4AA Meaning of *non-transport infrastructure*\n\n(1) For the purposes of this Act, ***non-transport infrastructure*** means any infrastructure that is not transport infrastructure and that, when constructed, is—\n\n(a) in, on, over, part of, or related or connected to, transport infrastructure; or\n\n(b) adjacent to, or in proximity to, transport infrastructure; or\n\n(c) ancillary to, or required in connection with, other non-transport infrastructure that satisfies the requirements in paragraph (a) or (b).\n\n(2) For the purposes of subsection (1), infrastructure includes the following—\n\n(a) civic infrastructure and public places, including open spaces, parks and gardens;\n\n(b) commercial, residential and industrial buildings;\n\n(c) drainage, waterways and earthworks;\n\n(d) utility infrastructure;\n\n(e) any other facility, building, fixture, fitting or permanent structure;\n\n(f) any other thing that is prescribed to be infrastructure for the purposes of this definition.\n\nS. 4A inserted by No. 43/2021 s. 134.\n\n","sortOrder":6},{"sectionNumber":"4A","sectionType":"section","heading":"References to reserved Crown land","content":"\t4A References to reserved Crown land\n\nIn this Act, a reference to reserved Crown land or to land reserved under the **Crown Land (Reserves) Act 1978** includes a reference to land that is taken to be reserved under that Act by or under this or any other Act.\n\nS. 5 substituted by No. 49/2013 s. 5.\n\n","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Objects","content":"\t5 Objects\n\nThe objects of this Act are—\n\n(a) to create public value through improvements to the efficiency, integration and sustainability of Victoria's transport system; and\n\n(b) to streamline the development of major transport projects that are of economic, social or environmental significance to the State or a region of the State by providing for a single approval for major transport projects, through a process for the assessment of the project—\n\n(i) that has regard to Victoria's environmental, planning and other legislative standards (including risk-based assessment where appropriate); and\n\n(ii) that maintains opportunities for public consultation; and\n\n(c) to improve productivity and timeliness in the assessment and delivery of major transport projects.\n\n","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Project Minister may appoint entity to be the project authority for an approved project","content":"\t6 Project Minister may appoint entity to be the project authority for an approved project\n\nThe Project Minister, by notice published in the Government Gazette, may, for an approved project, appoint as the project authority an entity who is not the project proponent of that project.\n\nS. 7 amended by Nos 49/2013 s. 6, 43/2021 s. 135.\n\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Designation of project contractor","content":"\t7 Designation of project contractor\n\nThe Project Minister, by notice published on the Department's Internet site, may designate a person with whom the State or a project authority (or both) have entered into an agreement for the development of the whole or part of an approved project on behalf of the State or project authority (or both) as a project contractor.\n\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Application of Crown Land (Reserves) Act 1978","content":"\t8 Application of Crown Land (Reserves) Act 1978\n\nFor the purposes of this Act, the **Crown Land (Reserves) Act 1978** is to be taken to have effect as if, in that Act, the terms \"land\" and \"Crown land\" have the same meaning as in this Act.\n\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Act to bind the Crown","content":"\t9 Act to bind the Crown\n\nThis Act binds the Crown in right of Victoria, and so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\n","sortOrder":12},{"sectionNumber":"Part 2","sectionType":"part","heading":"Major transport project declarations","content":"Part 2—Major transport project declarations\n\n","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Declaration of a transport project","content":"\t10 Declaration of a transport project\n\nS. 10(1) amended by No. 49/2013 s. 7(1)(a).\n\n(1) The Premier may declare a transport project to be a declared project—\n\n(a) to which this Act applies; or\n\nS. 10(1)(b) amended by Nos 93/2009 s. 43(2), 49/2013 s. 7(1)(b).\n\n(b) to which this Act (other than Parts 3 and 8) applies.\n\nS. 10(1A) inserted by No. 48/2024 s. 5(1).\n\n(1A) Subsection (1)(a) does not apply to a transport project that is a program of works or projects.\n\nS. 10(2) amended by No. 49/2013 s. 7(2).\n\n(2) A declaration under subsection (1) must be published in the Government Gazette and on an Internet site maintained by the Department of Premier and Cabinet.\n\nS. 10(2A) inserted by No. 48/2024 s. 5(2).\n\n(2A) A declaration under subsection (1)(b) for a transport project that is a program of works or projects must specify the works or projects that constitute the program of works or projects.\n\n(3) A declaration under subsection (1) takes effect—\n\n(a) on the day the declaration is published in the Government Gazette; or\n\n(b) if the declaration specifies a later day, on that day.\n\nS. 11 repealed by No. 49/2013 s. 8.\n\nS. 12 (Heading) amended by No. 49/2013 s. 9(1).\n\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Assessment of transport project before declaration","content":"\t12 Assessment of transport project before declaration\n\nS. 12(1) amended by No. 49/2013 s. 9(2).\n\n(1) The Premier must not make a declaration under section 10 unless the Premier has assessed the transport project as a project that is of economic, social or environmental significance to—\n\n(a) the State; or\n\n(b) a region of the State.\n\nS. 12(1A) inserted by No. 48/2024 s. 6.\n\n(1A) In addition, for the declaration of a transport project that is a program of works or projects under section 10(1)(b), the Premier must be satisfied that—\n\n(a) the works or projects that constitute the program of works or projects are sufficiently connected to each other to justify the program being designated as a single declared project; and\n\n(b) the majority of the works or projects within the program contain works that are not, or will not be, minor or routine.\n\n(2) In making an assessment under subsection (1), the Premier must have regard to the project declaration guidelines.\n\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Project declaration guidelines","content":"\t13 Project declaration guidelines\n\n(1) The Premier must prepare guidelines for the assessment of transport projects as to whether such projects are of economic, social or environmental significance to—\n\n(a) the State; or\n\n(b) a region of the State.\n\n(2) Project declaration guidelines must be published in the Government Gazette.\n\n(3) Project declaration guidelines take effect—\n\n(a) on the day they are published in the Government Gazette; or\n\nS. 14 substituted by No. 48/2024 s. 7.\n\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Appointment of Project Minister and project proponent","content":"\t14 Appointment of Project Minister and project proponent\n\n(1) The Premier, by notice published in the Government Gazette—\n\n(a) must appoint a Minister to be the Project Minister for a declared project; and\n\n(b) may, after consulting with the Minister who is to be appointed the Project Minister for the declared project, appoint the public authority that will be the project proponent for that declared project.\n\n(2) If a project proponent has not been appointed under subsection (1)(b), the Project Minister, by notice published in the Government Gazette, must appoint the public authority that will be the project proponent for that declared project.\n\n(3) Subject to subsection (4), the Project Minister, by notice published in the Government Gazette, may replace a public authority appointed as the project proponent with another public authority.\n\n(4) The Project Minister must consult with the Premier before replacing a public authority appointed by the Premier.\n\nS. 15 repealed by No. 48/2024 s. 7.\n\nS. 15A inserted by No. 49/2013 s. 10.\n\n","sortOrder":17},{"sectionNumber":"15A","sectionType":"section","heading":"Delegation by Project Minister","content":"\t15A Delegation by Project Minister\n\n(1) Subject to this section, the Project Minister, by instrument, may delegate to any person any power, duty or function of the Project Minister under this Act other than—\n\n(a) this power of delegation;\n\n(b) the power to direct or control a project authority under section 109;\n\nS. 15A(1)(c) amended by No. 48/2024 s. 37(a).\n\n(c) the power to make a determination under section 180.\n\nS. 15A(1)(d) repealed by No. 48/2024 s. 37(b).\n\nS. 15A(2) amended by No. 48/2024 s. 8.\n\n(2) A delegation under subsection (1) may be in relation to a specified declared project or part of a declared project and may be—\n\n(a) in relation to a person or class of persons specified in the instrument of delegation; or\n\n(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.\n\nS. 15AB inserted by No. 48/2024 s. 9.\n\n\t15AB Premier may add scope to development of declared project\n\n(1) The Premier, by notice and on the recommendation of the Project Minister, may add scope to the development of a declared project to which this Act (other than Parts 3 and 8) applies.\n\n(2) The Premier may add scope to the development of a declared project under subsection (1) if—\n\n(a) the project area has not yet been designated for—\n\n(i) the declared project; or\n\n(ii) the part of the declared project to which the additional scope for the development of the declared project relates; and\n\n(b) the Premier is satisfied that the additional scope for the development of the declared project has a sufficient connection with the declared project.\n\n(3) A notice under subsection (1) must be published in the Government Gazette and on an Internet site maintained by the Department of Premier and Cabinet.\n\n(4) If a declared project is a program of works or projects, additional projects cannot be added to the declared project under subsection (1).\n\nS. 15B inserted by No. 49/2013 s. 10.\n\n","sortOrder":18},{"sectionNumber":"15B","sectionType":"section","heading":"Planning Minister may declare associated works","content":"\t15B Planning Minister may declare associated works\n\n(1) The Planning Minister may declare certain works or activities to be associated works if the Planning Minister is satisfied that the works or activities—\n\n(a) form part of, or are associated with, a declared project; and\n\n(b) are not the subject of an approval decision under section 77.\n\n(2) A declaration under this section must be published in the Government Gazette.\n\nPart 3—Assessment and approval of major transport projects\n\nDivision 1—Guidelines for this Part\n\n\t16 Project proposal guidelines\n\n(1) The Planning Minister must prepare guidelines in relation to the form and content of a project proposal.\n\n(2) The Planning Minister must publish project proposal guidelines on the Department's Internet site as soon as practicable after the Minister prepares the guidelines.\n\nS. 16(3) repealed by No. 49/2013 s. 11(1).\n\n(4) Project proposal guidelines take effect—\n\nS. 16(4)(a) substituted by No. 49/2013 s. 11(2).\n\n(a) on the day after the day the guidelines are published on the Department's Internet site; or\n\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Impact assessment guidelines","content":"\t17 Impact assessment guidelines\n\n(1) The Planning Minister may prepare guidelines relating to—\n\n(a) the assessment of impacts of a declared project; and\n\n(b) the form and content of a comprehensive impact statement or impact management plan for a declared project; and\n\n(c) the form and content of public notices required under this Part.\n\n(2) The Planning Minister must publish impact assessment guidelines on the Department's Internet site as soon as practicable after the Minister prepares the guidelines.\n\n(3) Notice of the preparation of impact assessment guidelines must be published in the Government Gazette as soon as practicable after the Planning Minister prepares the guidelines.\n\n(4) Impact assessment guidelines take effect—\n\n(a) on the day notice of their preparation is published in the Government Gazette; or\n\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Publication fee guidelines","content":"\t18 Publication fee guidelines\n\n(1) The Planning Minister may prepare guidelines relating to the fee to be paid by a person for a copy of a comprehensive impact statement under section 49.\n\n(2) Guidelines prepared under subsection (1) may provide for a methodology for determining an appropriate fee.\n\n(3) The Planning Minister must publish publication fee guidelines on the Department's Internet site as soon as practicable after the Minister prepares the guidelines.\n\nS. 18(4) repealed by No. 49/2013 s. 12(1).\n\n(5) Publication fee guidelines take effect—\n\nS. 18(5)(a) substituted by No. 49/2013 s. 12(2).\n\n(a) on the day after the day the guidelines are published on the Department's Internet site; or\n\n","sortOrder":21},{"sectionNumber":"Div 2","sectionType":"division","heading":"Project proposals","content":"Division 2—Project proposals\n\n","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Preparation of project proposal","content":"\t19 Preparation of project proposal\n\n(1) A project proponent for a declared project must prepare a project proposal for that project.\n\n(2) A project proposal must be prepared in accordance with the project proposal guidelines.\n\n(3) To avoid doubt, a project proponent for a declared project may include in a project proposal for a declared project any matter that the proponent considers relevant.\n\n(4) On completing a project proposal for a declared project, the project proponent must give it to the Planning Minister.\n\n","sortOrder":23},{"sectionNumber":"Div 3","sectionType":"division","heading":"Determination of appropriate impact assessment process","content":"Division 3—Determination of appropriate impact assessment process\n\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Planning Minister must make determination as to appropriate impact assessment","content":"\t20 Planning Minister must make determination as to appropriate impact assessment\n\n(1) On receiving a project proposal from a project proponent, the Planning Minister must make a determination as to whether—\n\n(a) the comprehensive impact statement assessment process must be complied with in relation to the declared project; or\n\n(b) the impact management plan assessment process must be complied with in relation to the declared project.\n\n(2) The Planning Minister must make a determination that the comprehensive impact statement assessment process must be complied with in relation to the declared project to which the project proposal relates if the Minister considers that the project proposal is inadequate for the Minister to determine whether the impact management plan assessment process must be complied with in relation to the project.\n\n(3) The Planning Minister may make a determination requiring the project proponent to comply with the impact management plan assessment process only if the Minister is satisfied that—\n\n(a) the land that is likely to be required for the declared project is—\n\n(i) land owned by a public authority or is vested in the Crown; or\n\n(ii) land owned by a person that is not a public authority but is reserved for a public purpose under a planning scheme or other law; and\n\n(b) the development of the declared project will not require, or has been granted any of the following—\n\nS. 20(3)(b)(i) amended by No. 39/2018 s. 41(6).\n\n(i) an applicable approval that is a development licence;\n\nS. 20(3)(b)(ii) amended by No. 7/2017 s. 302(1).\n\n(ii) an applicable approval that is a permit or consent under the **Heritage Act 2017**;\n\n(iii) an applicable approval that is a planning permit under the **Planning and Environment Act 1987**;\n\n(iv) an applicable approval that is an amendment to a provision of a planning scheme under the **Planning and Environment Act 1987**.\n\nS. 20(4) amended by No. 49/2013 s. 13.\n\n(4) The Planning Minister must make a determination under this section within 5 business days after receiving the project proposal.\n\n(5) A determination under this section must be given to the project proponent.\n\n(6) Notice of the making of a determination under this section must be published in the Government Gazette as soon as practicable after the determination is made.\n\n","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Effect of determination","content":"\t21 Effect of determination\n\n(1) If the Planning Minister makes an impact management plan determination, Division 4 applies to the project proposal that relates to the declared project to which the determination applies.\n\n(2) If the Planning Minister makes a comprehensive impact statement determination, Division 5 applies to the project proposal that relates to the declared project to which the determination applies.\n\nDivision 4—Impact management plans\n\nSubdivision 1—Scoping directions\n\n\t22 Specification of matters to be considered and addressed in impact management plan\n\n(1) Subject to section 23, the Planning Minister must prepare directions that specify the kinds of impacts and other matters that must be considered and addressed in an impact management plan for the declared project to which an impact management plan determination relates (the ***scoping directions***).\n\nS. 22(1A) inserted by No. 49/2013 s. 14(1).\n\n(1A) In addition to subsection (1), the scoping directions may include directions to the project proponent to do any one or more of the following—\n\n(a) include a description of the preferred option for the development of the declared project and the reasons for that preference;\n\n(b) set out variations within the preferred option in relation to the declared project, and the impacts of those variations;\n\n(c) set out a consideration of methods to avoid, minimise, manage or offset the impacts of the declared project.\n\nS. 22(1B) inserted by No. 49/2013 s. 14(1).\n\n(1B) When preparing the scoping directions, the Planning Minister must have regard to the preliminary risk report that forms part of the project proposal given under section 19(4).\n\nS. 22(1C) inserted by No. 49/2013 s. 14(1).\n\n(1C) The scoping directions may provide, in the case of any or all specified associated works that require an applicable approval, that the application for the applicable approval must be made, assessed and approved under the relevant applicable law and not under this Act.\n\nSee section 168A.\n\n(2) Subject to section 24, the Planning Minister must prepare, and give to the project proponent, the scoping directions within 25 business days after making an impact management plan determination.\n\nS. 22(3) amended by No. 49/2013 s. 14(2).\n\n(3) The scoping directions must be published on the Department's Internet site as soon as practicable after the directions are prepared.\n\n","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Planning Minister may request further information in exceptional circumstances","content":"\t23 Planning Minister may request further information in exceptional circumstances\n\n(1) The Planning Minister, by written notice, given to a project proponent, may request further information from the project proponent for the purpose of preparing scoping directions for the impact management plan for the proponent's declared project.\n\n(2) The Planning Minister may only make a request under subsection (1) before the end of the period within which the Minister must prepare the scoping directions under section 22(2).\n\n(3) The Planning Minister may give a written notice under subsection (1) only if the Minister considers that exceptional circumstances exist such that the Minister considers it necessary to re quest that further information.\n\n(4) A notice under subsection (1) must specify the further information that is to be provided by the project proponent.\n\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Determining 25 business day period for the preparation of scoping directions","content":"\t24 Determining 25 business day period for the preparation of scoping directions\n\nThe period of time specified in section 22(2) is not to be taken to include any business day falling within a period—\n\n(a) commencing on the day a notice is given to a project proponent under section 23; and\n\n(b) ending on the day the Planning Minister receives the information requested in the notice.\n\n","sortOrder":28},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Preparation of impact management plan","content":"Subdivision 2—Preparation of impact management plan\n\n","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Project proponent must consult with specified persons as directed by Planning Minister","content":"\t25 Project proponent must consult with specified persons as directed by Planning Minister\n\n(1) The Planning Minister, for the purpose of the preparation of an impact management plan for a declared project, may direct the project proponent for that project to consult with a person specified in the direction.\n\n(2) A direction under subsection (1) must be—\n\n(a) given to the project proponent within 25 business days after the making of the impact management plan determination that relates to the declared project; and\n\nS. 25(2)(b) amended by No. 49/2013 s. 15.\n\n(b) published on the Department's Internet site within 25 business days after the making of the impact management plan determination that relates to the declared project.\n\n(3) The project proponent must comply with a direction under subsection (1).\n\n","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Project proponent must comply with this Division","content":"\t26 Project proponent must comply with this Division\n\nA project proponent for a declared project in relation to which an impact management plan determination has been made must comply with this Division.\n\nS. 27 amended by No. 49/2013 s. 16(a).\n\n","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Content of impact management plans","content":"\t27 Content of impact management plans\n\nA project proponent for a declared project must prepare an impact management plan for the project that, to the satisfaction of the Secretary—\n\nS. 27(a) amended by No. 49/2013 s. 16(b).\n\n(a) is substantially in accordance with the scoping directions for that plan; and\n\nS. 27(b)–(e) repealed by No. 49/2013 s. 16(c).\n\nS. 27(f) substituted by No. 39/2018 s. 41(7).\n\n(f) sets out how any relevant environment reference standard within the meaning of the **Environment Protection Act 2017** will be taken into account; and\n\nS. 27(fa) inserted by No. 39/2018 s. 41(7).\n\n(fa) sets out how any Order made by the Governor in Council under section 156 of the **Environment Protection Act 2017** will be taken into account; and\n\nS. 27(g) amended by No. 49/2013 s. 16(d).\n\n(g) identifies all of the applicable approvals that are likely to be required under all applicable laws in order for the declared project to be developed, including any requirements under those laws applying to the declared project when assessing the impacts of the declared project; and\n\n(h) includes the information that would be required for the applicable law decisions to be made under all of the applicable laws that apply to the project including—\n\nS. 27(h)(i) amended by No. 49/2013 s. 16(e).\n\n(i) a list of the applicable law criteria; and\n\n(ii) information as to how the proponent considers the criteria referred to in subparagraph (i) apply.\n\n","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Impact assessment guidelines must be had regard to when preparing impact management plan","content":"\t28 Impact assessment guidelines must be had regard to when preparing impact management plan\n\nSubject to this Division, a project proponent for a declared project must have regard to any impact assessment guidelines when preparing an impact management plan for the project.\n\n","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Completed impact management plan to be given to Planning Minister","content":"\t29 Completed impact management plan to be given to Planning Minister\n\nOn completing an impact management plan for a declared project, the project proponent for that project must—\n\n(a) submit the impact management plan to the Planning Minister for an approval decision in relation to the project; and\n\n(b) pay to the Planning Minister the application fee.\n\nDivision 5—Comprehensive impact statements\n\nSubdivision 1—Scoping directions\n\n\t30 Specification of matters to be considered and addressed in comprehensive impact statements\n\n(1) Subject to this Subdivision, the Planning Minister must prepare directions that specify the kinds of impacts and other matters that must be considered and addressed in a comprehensive impact statement for the declared project to which a comprehensive impact statement determination relates (the ***scoping directions***).\n\nS. 30(1A) inserted by No. 49/2013 s. 17(1).\n\n(1A) In addition to subsection (1), the scoping directions may include directions to the project proponent to do any one or more of the following—\n\n(a) include a description of the preferred option for the development of the declared project and the reasons for that preference;\n\n(b) set out variations within the preferred option in relation to the declared project, and the impacts of those variations;\n\n(c) set out a consideration of methods to avoid, minimise, manage or offset the impacts of the declared project.\n\nS. 30(1B) inserted by No. 49/2013 s. 17(1).\n\n(1B) When preparing the scoping directions, the Planning Minister must have regard to the preliminary risk report that forms part of the project proposal given under section 19(4).\n\nS. 30(1C) inserted by No. 49/2013 s. 17(1).\n\n(1C) The scoping directions may provide, in the case of any or all specified associated works that require an applicable approval, that the application for the applicable approval must be made, assessed and approved under the relevant applicable law and not under this Act.\n\nSee section 168A.\n\nS. 30(2) amended by No. 49/2013 s. 17(2).\n\n(2) Subject to this Subdivision, the Planning Minister must prepare, and give to the project proponent, the scoping directions within 10 business days after making a comprehensive impact statement determination.\n\nS. 30(3) amended by No. 49/2013 s. 17(3).\n\n(3) The scoping directions must be published on the Department's Internet site as soon as practicable after the directions are prepared.\n\n","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Planning Minister may request further information or public comment and submissions in exceptional circumstances","content":"\t31 Planning Minister may request further information or public comment and submissions in exceptional circumstances\n\nS. 31(1) amended by No. 49/2013 s. 18(1)(a).\n\n(1) The Planning Minister may—\n\nS. 31(1)(a) amended by No. 49/2013 s. 18(1)(b).\n\n(a) within 10 business days after making a comprehensive impact statement determination, by written notice given to the project proponent, request further information from the project proponent for the purpose of preparing the scoping directions for the comprehensive impact statement for the proponent's declared project; or\n\nS. 31(1)(b) amended by No. 49/2013 s. 18(1)(c).\n\n(b) within 5 business days after making a comprehensive impact statement determination, invite, by notice published in a newspaper circulating generally throughout Victoria and on the Department's Internet site, the public to make written comment on, or make written submissions in respect of, a draft of the scoping directions within 15 business days after the date of the notice.\n\n(2) A notice under subsection (1)(a) must specify the further information that is to be provided by the project proponent.\n\n(3) If a notice is published under subsection (1)(b), the Planning Minister must publish on the Department's Internet site a draft of the scoping directions.\n\n(4) The Planning Minister may—\n\n(a) request further information from the project proponent under subsection (1)(a) only if the Minister considers that there are exceptional circumstances such that the Minister considers it necessary to re quest that further information;\n\n(b) invite comments and submissions from the public under subsection (1)(b) only if—\n\n(i) the Minister considers that there are exceptional circumstances such that the Minister considers it necessary to seek those comments and submissions; or\n\nS. 31(4)  \n(b)(ii) amended by No. 49/2013 s. 18(2).\n\n(ii) the comprehensive impact statement assessment process is a process to which section 47(1) or 87(4) of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth applies.\n\n(5) When preparing the scoping directions, the Planning Minister must consider every comment or submission the Minister receives in response to an invitation under subsection (1)(b) within the period of time stated in that subsection.\n\n","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Determining the 25 business day period for scoping directions after notice for further information","content":"\t32 Determining the 25 business day period for scoping directions after notice for further information\n\nThe period of time specified in section 30(2) is not to be taken to include any business day falling within the period—\n\n(a) commencing on the day a notice is given to a project proponent under section 31(1)(a); and\n\n(b) ending on the day the Planning Minister receives the information requested in the notice.\n\n","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Extension of period of time for preparation of scoping directions because of public consultation","content":"\t33 Extension of period of time for preparation of scoping directions because of public consultation\n\n(1) This section applies if the Planning Minister invites comments and submissions from the public under a notice published in accordance with section 31(1)(b).\n\n(2) Despite section 30(2), the Planning Minister must prepare the scoping directions within 15 business days after the last day of the period stated in the notice published in accordance with section 31(1)(b).\n\nS. 34 (Heading) amended by No. 49/2013 s. 19(1).\n\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Amendment of scoping directions by Planning Minister","content":"\t34 Amendment of scoping directions by Planning Minister\n\nS. 34(1) amended by No. 49/2013 s. 19(2).\n\n(1) Except as provided in section 34A, the Planning Minister may amend the scoping directions for the comprehensive impact statement for a project proponent's declared project only if the Minister considers that there are exceptional circumstances that require an amendment to the directions.\n\n(2) An amendment to the scoping directions must be given to the project proponent.\n\nS. 34(3) repealed by No. 49/2013 s. 19(3).\n\n(4) The scoping directions, as amended, must be published on the Department's Internet site as soon as practicable after being amended.\n\nS. 34A inserted by No. 49/2013 s. 20.\n\n","sortOrder":38},{"sectionNumber":"34A","sectionType":"section","heading":"Amendment of scoping directions on application by project proponent","content":"\t34A Amendment of scoping directions on application by project proponent\n\n(1) A project proponent for a declared project may, at any time before the Secretary makes a determination under section 42 to release a comprehensive impact statement for public exhibition in relation to the project, apply to the Planning Minister to amend the scoping directions.\n\n(2) An application to the Planning Minister under subsection (1) must be accompanied by a revised project proposal that sets out the changes to the declared project that require amendment to the scoping directions.\n\n(3) On receiving an application under this section, the Planning Minister may amend the scoping directions.\n\n(4) The Planning Minister must determine an application under this section and prepare any amendments to the scoping directions within 10 business days after receiving an application.\n\n(5) Sections 34(2) and (4) apply to an amendment of scoping directions under this section.\n\nSubdivision 2—Assessment committees\n\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Establishment of assessment committee","content":"\t35 Establishment of assessment committee\n\nAfter publishing the scoping directions for a comprehensive impact statement for a declared project, the Planning Minister must—\n\n(a) establish an assessment committee in accordance with Part 8 to assess the comprehensive impact statement; and\n\n(b) give the assessment committee the terms of reference under which it will assess the comprehensive impact statement in accordance with this Division.\n\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Content of terms of reference for assessment committee","content":"\t36 Content of terms of reference for assessment committee\n\n(1) The terms of reference given to an assessment committee by the Planning Minister under section 35(1)(b) may include directions to the assessment committee on the following matters—\n\n(a) a direction to conduct a preliminary hearing in a particular way;\n\n(b) the matters which the assessment committee is to consider;\n\nS. 36(1)(ba) inserted by No. 49/2013 s. 21.\n\n(ba) a direction to confine the matters under consideration at a public hearing to particular matters;\n\nS. 36(1)(bb) inserted by No. 49/2013 s. 21.\n\n(bb) a direction to prepare a report that summarises the issues in relation to the comprehensive impact statement that the committee considers the project proponent should address;\n\n(c) the conduct of cross-examination, if permitted;\n\n(d) who may make submissions at a preliminary hearing;\n\n(e) any other matter the Planning Minister thinks fit for the purpose of this Act.\n\n(2) Subsection (1) does not limit what may be included in the terms of reference given to an assessment committee.\n\nS. 37 amended by No. 49/2013 s. 22.\n\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Publication of assessment committee terms of reference","content":"\t37 Publication of assessment committee terms of reference\n\nThe Planning Minister must publish the terms of reference the Minister gives an assessment committee under section 35(1)(b) on the Department's Internet site on the same day, or before the day, the comprehensive impact statement for a declared project is exhibited under Subdivision 4.\n\n","sortOrder":42},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Preparation of comprehensive impact statements","content":"Subdivision 3—Preparation of comprehensive impact statements\n\n","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Project proponent must comply with this Division","content":"\t38 Project proponent must comply with this Division\n\nA project proponent for a declared project in relation to which a comprehensive impact statement determination has been made must comply with this Division.\n\nS. 39 amended by No. 49/2013 s. 23(a).\n\n","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Content of comprehensive impact statements","content":"\t39 Content of comprehensive impact statements\n\nA project proponent for a declared project must prepare a comprehensive impact statement for the project that, to the satisfaction of the Secretary—\n\nS. 39(a) amended by No. 49/2013 s. 23(b).\n\n(a) is substantially in accordance with the scoping directions for that statement; and\n\nS. 39(b)–(e) repealed by No. 49/2013 s. 23(c).\n\nS. 39(f) substituted by No. 39/2018 s. 41(8).\n\n(f) sets out how any relevant environment reference standard within the meaning of the **Environment Protection Act 2017** will be taken into account; and\n\nS. 39(fa) inserted by No. 39/2018 s. 41(8).\n\n(fa) sets out how any Order made by the Governor in Council under section 156 of the **Environment Protection Act 2017** will be taken into account; and\n\nS. 39(g) amended by No. 49/2013 s. 23(d).\n\n(g) identifies all of the applicable approvals that are likely to be required under all applicable laws in order for the declared project to be developed, including any requirements under those laws applying to the declared project when assessing the impacts of the declared project; and\n\n(h) includes the information that would be required for the applicable law decisions to be made under all of the applicable laws that apply to the project including—\n\nS. 39(h)(i) amended by No. 49/2013 s. 23(e).\n\n(i) a list of the applicable law criteria; and\n\n(ii) information as to how the proponent considers the criteria referred to in subparagraph (i) apply; and\n\nS. 39(ha) inserted by No. 49/2013 s. 23(f), amended by No. 39/2018 s. 41(9).\n\n(ha) if the proponent is seeking a development licence, contains a copy of such plans, specifications and other information as are necessary to determine whether to grant the development licence; and\n\n(i) in the case where the applicable approval that will be required is an amendment to a provision of a planning scheme—\n\n(i) identifies every planning scheme that applies to the location or proposed location of the declared project; and\n\n(ii) contains the proposed amendments to every provision of every planning scheme that will be required; and\n\n(iii) contains an explanatory report for every proposed amendment to a provision of a planning scheme and any document to be applied, adopted or incorporated in any such amendment.\n\n","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Impact assessment guidelines must be had regard to when preparing comprehensive impact statement","content":"\t40 Impact assessment guidelines must be had regard to when preparing comprehensive impact statement\n\nSubject to this Division, a project proponent for a declared project must have regard to any impact assessment guidelines when preparing a comprehensive impact statement for the project.\n\nS. 41 (Heading) amended by No. 49/2013 s. 24(1).\n\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Submission of comprehensive impact statement to Secretary","content":"\t41 Submission of comprehensive impact statement to Secretary\n\n(1) On completing a comprehensive impact statement for a declared project, the project proponent for that project must—\n\nS. 41(1)(a) amended by No. 49/2013 s. 24(2).\n\n(a) submit the comprehensive impact statement to the Secretary for review under section 42; and\n\nS. 41(1)(b) amended by No. 49/2013 s. 24(2).\n\n(b) pay to the Secretary the application fee.\n\nS. 41(2) repealed by No. 49/2013 s. 24(3).\n\nS. 42 (Heading) amended by No. 49/2013 s. 25(1).\n\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Consideration of comprehensive impact statement by Secretary","content":"\t42 Consideration of comprehensive impact statement by Secretary\n\nS. 42(1) amended by No. 49/2013 s. 25(2).\n\n(1) The Secretary, within 10 business days after receiving a comprehensive impact statement, must make a written determination (a ***review determination***) as to whether the comprehensive impact statement can be released for public exhibition under Subdivision 4.\n\nS. 42(2) amended by No. 49/2013 s. 25(3).\n\n(2) The Secretary, in a review determination, may determine that a comprehensive impact statement may be released for public exhibition under Subdivision 4 only if the Secretary is satisfied that the statement is adequate to be released for that purpose.\n\nS. 42(3) amended by No. 49/2013 s. 25(4).\n\n(3) In order to be satisfied that a comprehensive impact statement is adequate to be released for public exhibition, the Secretary must be satisfied the statement meets the requirements set out in section 39.\n\nS. 42(4) amended by No. 49/2013 s. 25(5)(a).\n\n(4) For the purpose of determining whether a comprehensive impact statement meets the requirements set out in section 39(f), (g) and (h), the Secretary may consult with—\n\n(a) any applicable law decision maker empowered to grant an applicable approval that is necessary for the declared project or a part of the declared project to be developed and to which the comprehensive impact statement relates; and\n\nS. 42(4)(b) amended by No. 49/2013 s. 25(5)(b).\n\n(b) any other person who the Secretary considers has the necessary experience or training to advise the Secretary in respect of the matters the Secretary must consider in making a review determination.\n\nS. 42(5) amended by No. 49/2013 s. 25(6).\n\n(5) In a review determination, the Secretary may direct the project proponent to revise an assessment, or the presentation of an assessment or finding, contained in the comprehensive impact statement if the Secretary is of the view that the assessment or presentation is not adequate to be released for public exhibition.\n\n(6) A review determination must be—\n\n(a) given to the project proponent; and\n\n(b) published on the Department's Internet site.\n\nS. 42(7) repealed by No. 49/2013 s. 25(7).\n\nS. 42A inserted by No. 49/2013 s. 26.\n\n","sortOrder":48},{"sectionNumber":"42A","sectionType":"section","heading":"Appointment of person where Secretary is project proponent","content":"\t42A Appointment of person where Secretary is project proponent\n\n(1) This section applies if the Secretary is the project proponent of a declared project.\n\n(2) As soon as is practicable after receiving scoping directions under section 30, the Secretary must appoint, in writing, a person to exercise the functions and powers of the Secretary under the following sections in relation to the declared project—\n\n(a) section 39;\n\nS. 42A(2)(b) amended by No. 21/2015 s. 3(Sch. 1 item 33).\n\n(b) section 41(1)(a);\n\n(c) section 42.\n\n(3) A function or power exercised by a person appointed under this section takes effect as if the function or power were exercised by the Secretary.\n\n","sortOrder":49},{"sectionNumber":"43","sectionType":"section","heading":"Revisions to draft comprehensive impact statements","content":"\t43 Revisions to draft comprehensive impact statements\n\n(1) On receiving a review determination directing revisions to an assessment, or the presentation of an assessment or finding, contained in the comprehensive impact statement, the project proponent must—\n\n(a) revise the statement in accordance with the determination; and\n\n(b) submit the comprehensive impact statement (as revised) for review under section 42.\n\n(2) For the purpose of this Subdivision, a comprehensive impact statement that is revised in accordance with a review determination is to be taken to be a comprehensive impact statement prepared in accordance with section 38.\n\n(3) To avoid doubt, subsection (1) is not to be taken as precluding more than one revised comprehensive impact statement being submitted for review under section 42.\n\n","sortOrder":50},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Public exhibition of comprehensive impact statements","content":"Subdivision 4—Public exhibition of comprehensive impact statements\n\nS. 44 amended by No. 49/2013 s. 27.\n\n","sortOrder":51},{"sectionNumber":"44","sectionType":"section","heading":"Application","content":"\t44 Application\n\nThis Subdivision applies if the Secretary, in a review determination, determines that a comprehensive impact statement is adequate to be released for public exhibition.\n\n","sortOrder":52},{"sectionNumber":"45","sectionType":"section","heading":"Time period for public exhibition","content":"\t45 Time period for public exhibition\n\n(1) The Planning Minister must determine the period that the comprehensive impact statement must be made publicly available in accordance with this Subdivision.\n\n(2) The period determined by the Planning Minister—\n\n(a) must commence on the day notice is published under section 47; and\n\n(b) must not be less than 20 business days and not more than 30 business days.\n\n(3) A determination under this section must be published on the Department's Internet site on the same day as the review determination that determines that the comprehensive impact statement can be released for public exhibition under this Subdivision is published on the Department's Internet site under section 42.\n\n(4) In addition, notice of a determination under this section must be published in the Government Gazette on the same day that notice of the making of the review determination that determines that the comprehensive impact statement can be released for public exhibition under this Subdivision is published in the Government Gazette under section 42.\n\n","sortOrder":53},{"sectionNumber":"46","sectionType":"section","heading":"Public exhibition of comprehensive impact statement","content":"\t46 Public exhibition of comprehensive impact statement\n\nThe project proponent for the declared project to which a comprehensive impact statement relates must—\n\n(a) make the comprehensive impact statement publicly available in accordance with this Subdivision for the period determined by the Planning Minister under section 45; and\n\n(b) give the comprehensive impact statement to the assessment committee established under section 35 to assess the comprehensive impact statement.\n\n","sortOrder":54},{"sectionNumber":"47","sectionType":"section","heading":"Notification of public exhibition of comprehensive impact statement","content":"\t47 Notification of public exhibition of comprehensive impact statement\n\n(1) The project proponent must—\n\n(a) publish notice of the comprehensive impact statement—\n\n(ii) in at least one newspaper circulating in the area where the declared project to which the statement relates will be developed; and\n\n(iii) on the project proponent's Internet site; and\n\n(b) give a copy of the notice to—\n\n(i) the Planning Minister; and\n\n(ii) the owners and occupiers of land that are or will be materially affected by the declared project; and\n\n(iii) all road authorities and infrastructure managers that are or will be materially affected by the declared project.\n\n(2) On receiving a copy of the notice, the Planning Minister must publish the notice on the Department's Internet site.\n\n","sortOrder":55},{"sectionNumber":"48","sectionType":"section","heading":"Content of public notice of comprehensive impact statement","content":"\t48 Content of public notice of comprehensive impact statement\n\nA notice under section 47 must—\n\n(a) include the name of the project proponent; and\n\n(b) include information about the scope of the declared project; and\n\n(c) state the places where the comprehensive impact statement may be inspected by the public; and\n\n(d) invite submissions on the comprehensive impact statement during the public exhibition period; and\n\n(e) state that submissions must be made to the assessment committee established to assess the comprehensive impact statement; and\n\n(f) state the last date by which submissions must be made to the assessment committee established to assess the comprehensive impact statement; and\n\n(g) give an explanation as to how a submission in relation to the comprehensive impact statement must be made; and\n\n(h) state an address to which submissions to the assessment committee established to assess the comprehensive impact statement are to be sent; and\n\n(i) be in accordance with any impact assessment guidelines.\n\n","sortOrder":56},{"sectionNumber":"49","sectionType":"section","heading":"Public availability of comprehensive impact statement","content":"\t49 Public availability of comprehensive impact statement\n\n(1) The project proponent must, during the public exhibition period—\n\n(a) publish the comprehensive impact statement on the project proponent's Internet site; and\n\n(b) give the comprehensive impact statement to the Secretary; and\n\n(c) make copies of the comprehensive impact statement available to the public for inspection free of charge during business hours—\n\n(i) at the place of business of the project proponent; and\n\n(ii) if the project proponent has any place of business in the region of the State where the declared project is proposed to be developed, at those places; and\n\n(d) use reasonable endeavours to cause copies of the comprehensive impact statement to be made available to the public for inspection at public places free of charge during business hours.\n\n(2) The project proponent, during the public exhibition period, must give a copy of the comprehensive impact statement to an owner of land whose land is or will be materially affected by the development of the declared project to which the statement relates if the owner requests a copy.\n\n(3) A copy of a comprehensive impact statement must be given under subsection (2) free of charge.\n\n(4) On payment of the relevant fee, a person other than a person who is an owner of land whose land is or will be materially affected by the development of the declared project to which the comprehensive impact statement relates may be given a copy of the statement.\n\n(5) On receiving a comprehensive impact statement under subsection (1)(b), the Secretary must publish the statement on the Department's Internet site.\n\n(6) In this section—\n\n***public place*** includes—\n\n(a) the offices or libraries of the Councils whose municipal districts are within the region of the State where the declared project is proposed to be developed;\n\n(b) a place that is determined, in writing, by the Secretary for the purposes of this section;\n\n***relevant fee*** means the fee determined by the project proponent in accordance with the publication fee guidelines.\n\nS. 50 amended by No. 43/2021 s. 217(1).\n\n","sortOrder":57},{"sectionNumber":"50","sectionType":"section","heading":"Notification of applicable law decision makers of public exhibition of comprehensive impact statement","content":"\t50 Notification of applicable law decision makers of public exhibition of comprehensive impact statement\n\nAs soon as practicable after receiving a notice under section 47(1)(b)(i), the Planning Minister must give every applicable law decision maker referred to in the comprehensive impact statement written notice of the following—\n\n(a) the public exhibition of the statement;\n\n(b) that the applicable law decision makers may provide advice in accordance with section 65 or be required to provide advice to an assessment committee under section 245(2).\n\nS. 51 amended by No. 49/2013 s. 28 (ILA s. 39B(1)).\n\n","sortOrder":58},{"sectionNumber":"51","sectionType":"section","heading":"Comprehensive impact statements to be given to agencies and applicable law decision makers","content":"\t51 Comprehensive impact statements to be given to agencies and applicable law decision makers\n\n(1) The project proponent must give a copy of the comprehensive impact statement to every applicable law decision maker referred to in the statement as soon as practicable after the commencement of the public exhibition period.\n\nS. 51(2) inserted by No. 49/2013 s. 28, amended by No. 39/2018 s. 41(10).\n\n(2) The project proponent must, as soon as practicable after giving the comprehensive impact statement to the EPA under subsection (1), pay to the EPA an amount that is equivalent to the fee prescribed for the purposes of section 50(1)(b) of the **Environment Protection Act 2017**.\n\nS. 51A (Heading) substituted by No. 39/2018 s. 41(11).\n\nS. 51A inserted by No. 49/2013 s. 29.\n\n","sortOrder":59},{"sectionNumber":"51A","sectionType":"section","heading":"Development licences","content":"\t51A Development licences\n\nS. 51A(1) amended by No. 39/2018 s. 41(12).\n\n(1) This section applies if a development licence is required in order for the declared project or a part of the declared project to be developed.\n\n(2) The EPA must, on receiving a comprehensive impact statement under section 51, refer a copy of the comprehensive impact statement and a copy or summary of any accompanying plans, specifications or other information to—\n\nS. 51A(2)(a) substituted by No. 39/2018 s. 41(13).\n\n\t(a) any agency to which the EPA referred the application for the development licence under section 69(2) of the **Environment Protection Act 2017**; and\n\n(b) the Secretary to the Department of Health.\n\nS. 51A(3) amended by No. 39/2018 s. 41(14).\n\n(3) On receiving a comprehensive impact statement under this section, an agency or the Secretary to the Department of Health may make a submission on the comprehensive impact statement under section 52.\n\nS. 51A(4) amended by No. 39/2018 s. 41(14).\n\n(4) If an agency or the Secretary to the Department of Health makes a submission on the comprehensive impact statement, the agency or the Secretary must give a copy of the submission to the EPA before the end of the public exhibition period.\n\n","sortOrder":60},{"sectionNumber":"52","sectionType":"section","heading":"Public submissions on comprehensive impact statements","content":"\t52 Public submissions on comprehensive impact statements\n\n(1) Subject to this section, during the public exhibition period, any person may—\n\n(a) make a submission to the assessment committee established to assess the comprehensive impact statement; or\n\n(b) amend such a submission.\n\n(2) Two or more persons, together, may make a submission or an amendment to a submission. An assessment committee may treat such a submission as a single submission.\n\n(3) A submission or an amendment to a submission is not properly made unless it—\n\n(a) is in writing; and\n\n(b) states the name and address of the person making the submission or amendment; and\n\n(c) states the grounds of the submission or amendment; and\n\n(d) is relevant to the declared project; and\n\n(e) is within the scope of the terms of reference of the assessment committee; and\n\n(f) in the case of a submission made by 2 or more persons, states the name and address of the person who will—\n\n(i) represent those persons in a preliminary hearing or a formal public hearing; and\n\n(ii) be the contact person for those persons.\n\nS. 52(4) amended by No. 43/2021 s. 217(2).\n\n(4) A person who has made a properly made submission may withdraw that submission by written notice given to the assessment committee.\n\n","sortOrder":61},{"sectionNumber":"53","sectionType":"section","heading":"Assessment committee must disclose properly made submissions unless they are confidential","content":"\t53 Assessment committee must disclose properly made submissions unless they are confidential\n\n(1) An assessment committee must cause a properly made submission to be published on the Department's Internet site unless—\n\n(a) the person who made the submission claims, when giving it to the committee, that the submission contains confidential information; and\n\n(b) the committee decides that the submission contains confidential information.\n\n(2) A properly made submission given to an assessment committee that has been claimed under this section to contain confidential information, and that the committee has decided contains confidential information, may be published if that information is omitted.\n\n(3) If information is omitted from a properly made submission that is made publicly available by an assessment committee under subsection (2), a note to that effect must be included in the submission at the place in the submission from which the information is omitted.\n\n(4) Despite anything to the contrary in this section, if requested in writing by the Planning Minister, an assessment committee must give a properly made submission (with any confidential information contained in the submission) to the Minister.\n\n","sortOrder":62},{"sectionNumber":"54","sectionType":"section","heading":"Review of submissions by assessment committee","content":"\t54 Review of submissions by assessment committee\n\n(1) An assessment committee must review every properly made submission it receives under this Subdivision that is made within the public exhibition period.\n\n(2) An assessment committee may review a submission or an amendment to a submission it receives under this Subdivision—\n\n(a) that is made after the end of the public exhibition period and is a properly made submission; or\n\n(b) even if the submission or amendment to a submission is not a properly made submission.\n\n","sortOrder":63},{"sectionNumber":"55","sectionType":"section","heading":"Public submissions on comprehensive impact statements to be given to project proponent","content":"\t55 Public submissions on comprehensive impact statements to be given to project proponent\n\nAn assessment committee must give a copy of every submission, and every amendment to a submission, that it receives to the project proponent.\n\n","sortOrder":64},{"sectionNumber":"56","sectionType":"section","heading":"Consultation with persons who have made submissions to clarify matters in submissions","content":"\t56 Consultation with persons who have made submissions to clarify matters in submissions\n\n(1) As part of a review under section 54, the assessment committee may meet with, or correspond with, a person who has made a submission in order to clarify a matter arising from the submission.\n\n(2) An assessment committee must make a record of every meeting it has with a person under subsection (1).\n\n(3) An assessment committee must cause all correspondence between itself and a person who has made a submission and all records referred to in subsection (2) to be published on the Department's Internet site unless—\n\n(a) the person claims, when meeting with the committee or in correspondence with the committee, that the information they provide is or contains confidential information; and\n\n(b) the committee decides that that information is or contains confidential information.\n\n(4) Information given to an assessment committee that has been claimed under this section to contain confidential information, and that the committee has decided contains confidential information, may be published if that confidential information is omitted.\n\n(5) If information is omitted from a record or correspondence that is made publicly available by an assessment committee under subsection (4), a note to that effect must be included in the record or correspondence at the place in the record or correspondence from which the information is omitted.\n\n(6) Despite anything to the contrary in this section, if requested in writing by the Planning Minister, an assessment committee must give a record or correspondence (with any confidential information contained in the record or correspondence) to the Minister.\n\n","sortOrder":65},{"sectionNumber":"57","sectionType":"section","heading":"Preliminary hearings","content":"\t57 Preliminary hearings\n\n(1) The assessment committee must conduct a preliminary hearing so as to enable persons—\n\nS. 57(1)(a) amended by No. 93/2009 s. 43(3).\n\n(a) who have made properly made submissions in relation to the comprehensive impact statement to clarify any issues that they have raised in their submissions about the declared project; or\n\n(b) to raise any procedural or preliminary matters in relation to the formal public hearing that will be conducted in relation to the comprehensive impact statement.\n\n(2) The assessment committee may determine which persons who have made properly made submissions may attend the preliminary hearing.\n\nS. 57(3) amended by No. 49/2013 s. 30(a).\n\n(3) The preliminary hearing must—\n\nS. 57(3)(a) amended by No. 49/2013 s. 30(b).\n\n(a) be conducted in accordance with Division 2 of Part 8; and\n\nS. 57(3)(b) amended by Nos 93/2009 s. 43(4), 49/2013 s. 30(b).\n\n(b) be conducted in accordance with any direction given to the assessment committee by the Planning Minister under the terms of reference given to the committee under section 35(b); and\n\nS. 57(3)(c) amended by No. 49/2013 s. 30(c).\n\n(c) be concluded within 20 business days after the end of the public exhibition period.\n\n(4) Without limiting the matters about which an assessment committee may give directions in the conduct of a preliminary hearing, an assessment committee may give directions to a project proponent—\n\n(a) seeking clarification of any matters arising from the project proponent's comprehensive impact statement;\n\n(b) requiring the project proponent to provide further information in relation to any or all of its impact assessments in relation to the declared project;\n\n(c) requiring the project proponent to provide further information regarding any other aspect of the project proponent's comprehensive impact statement.\n\n(5) An assessment committee must—\n\n(a) make a record of a preliminary hearing conducted under this section; and\n\n(b) prepare a written summary of the preliminary hearing that includes—\n\n(i) a list of the names of the persons who participated in the hearing; and\n\n(ii) a list of the issues raised at the hearing.\n\n(6) An assessment committee must cause a written summary referred to in subsection (5) to be published on the Department's Internet site.\n\n","sortOrder":66},{"sectionNumber":"58","sectionType":"section","heading":"Notification of preliminary hearings","content":"\t58 Notification of preliminary hearings\n\n(1) As soon as practicable after the commencement of the public exhibition period for a comprehensive impact statement, the assessment committee must—\n\n(a) publish notice of the time and place at which the preliminary hearing is to be conducted—\n\n(ii) in at least one newspaper circulating in the area where the declared project to which the statement relates will be developed; and\n\nS. 58(1)(b) amended by No. 43/2021 s. 217(3).\n\n(b) give written notice of the time and place at which the preliminary hearing is to be conducted to the owners and occupiers of land that were given a notice under section 47; and\n\n(c) cause notice of the time and place at which the preliminary hearing is to be conducted to be published on the Department's Internet site.\n\n(2) The assessment committee may also direct the project proponent for the declared project to publish notice of the time and place at which the preliminary hearing is to be conducted on the project proponent's Internet site.\n\n(3) The project proponent must comply with a direction under subsection (2) as soon as practicable after receiving the direction.\n\nS. 59 (Heading) amended by No. 49/2013 s. 31(1).\n\n","sortOrder":67},{"sectionNumber":"59","sectionType":"section","heading":"Comprehensive impact statement issues report or statement","content":"\t59 Comprehensive impact statement issues report or statement\n\nS. 59(1) substituted by No. 49/2013 s. 31(2).\n\n(1) If an assessment committee has been given a direction to prepare a report under section 36(1)(bb), the committee must give the project proponent for the declared project in relation to which the committee was established—\n\n(a) a written report that summarises the issues in relation to the comprehensive impact statement that the committee considers the project proponent should address; or\n\n(b) a written statement that the committee considers that there are no issues in relation to the comprehensive impact statement that the committee considers the project proponent should address.\n\nS. 59(2) amended by No. 49/2013 s. 31(3).\n\n(2) A report or statement under subsection (1) must be given to the project proponent within 20 business days after the end of the public exhibition period.\n\nS. 60 repealed by No. 49/2013 s. 32.\n\n","sortOrder":68},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Refinement of comprehensive impact statements and options for declared project","content":"Subdivision 5—Refinement of comprehensive impact statements and options for declared project\n\nS. 61 (Heading) amended by No. 49/2013 s. 33(1).\n\n","sortOrder":69},{"sectionNumber":"61","sectionType":"section","heading":"Project proponent must review comprehensive impact statement","content":"\t61 Project proponent must review comprehensive impact statement\n\nS. 61(1) substituted by No. 49/2013 s. 33(2).\n\n(1) If a project proponent has received a report under section 59(1)(a), the proponent must review the comprehensive impact statement with regard to the issues set out in the report.\n\nS. 61(2) amended by No. 49/2013 s. 33(3).\n\n(2) A project proponent may also revise the comprehensive impact statement so that the statement addresses any issue raised in a report given under section 59(1)(a), or a submission, or amendment to a submission, given to the proponent under section 55.\n\nS. 61(3) inserted by No. 49/2013 s. 33(4).\n\n(3) If the project proponent reviews the comprehensive impact statement under this section and determines that no revisions are necessary, the project proponent must—\n\n(a) publish the comprehensive impact statement under section 62; and\n\nS. 61(3)(b) amended by No. 43/2021 s. 217(3).\n\n(b) give written notice under section 63 as if the statement were a revised comprehensive impact statement.\n\nS. 61(4) inserted by No. 49/2013 s. 33(4).\n\n(4) If the project proponent revises the comprehensive impact statement under this section, the revision may take the form of an addendum or appendix to the comprehensive impact statement.\n\n","sortOrder":70},{"sectionNumber":"62","sectionType":"section","heading":"Publication and submission of revised comprehensive impact statement","content":"\t62 Publication and submission of revised comprehensive impact statement\n\n(1) This section applies subject to section 63.\n\n(2) A project proponent must publish on its Internet site—\n\n(a) the revised comprehensive impact statement; and\n\n(b) notice of that publication.\n\nS. 62(3) amended by No. 43/2021 s. 217(4)(a).\n\n(3) In addition—\n\nS. 62(3)(a) amended by No. 43/2021 s. 217(4)(b).\n\n(a) notice of the publication of the revised comprehensive impact statement must be published—\n\n(ii) in at least one newspaper circulating in the area where the declared project to which the statement relates will be developed; and\n\nS. 62(3)(b) amended by No. 43/2021 s. 217(4)(c)(i).\n\n(b) written notice of the publication of the revised comprehensive impact statement must be given to—\n\n(i) the Secretary; and\n\n(ii) every person who made a properly made submission during the public exhibition period; and\n\nS. 62(3)(b)(iii) amended by No. 43/2021 s. 217(4)(c)(ii).\n\n(iii) all owners and occupiers of land that were given a copy of a notice under section 47; and\n\nS. 62(3)(b)(iv) amended by Nos 49/2013 s. 34(1), 43/2021 s. 217(4)(c)(ii).\n\n(iv) all owners and occupiers of land who are or will be materially affected by the declared project because of the revised comprehensive impact statement and who have not been given a copy of a notice under section 47; and\n\nS. 62(3)(b)(v) inserted by No. 49/2013 s. 34(2), amended by No. 39/2018 s. 41(15).\n\n(v) if a development licence is required in order for the declared project or a part of the declared project to be developed, the EPA.\n\n(4) A notice of the publication of a revised comprehensive impact statement must—\n\n(a) include the name of the project proponent; and\n\n(b) include information about the scope of the declared project; and\n\n(c) invite submissions on the revised comprehensive impact statement from persons who may be adversely affected by the revised statement because of the revisions; and\n\n(d) state that submissions must be made to the assessment committee established to assess the comprehensive impact statement to which the revised statement relates; and\n\n(e) state the last date by which submissions must be received, which must be no less than 10 business days after the date of publication of the notice in the newspaper circulating generally throughout Victoria; and\n\n(f) give an explanation as to how a submission in relation to the revised statement must be made; and\n\n(g) state an address to which submissions to the assessment committee established to assess the comprehensive impact statement to which the revised statement relates are to be sent.\n\nS. 62(4A) inserted by No. 49/2013 s. 34(3).\n\n(4A) The EPA must, on receiving a revised comprehensive impact statement under this section, refer a copy of the revised comprehensive impact statement and a copy or summary of any accompanying plans, specifications or other information to—\n\nS. 62(4A)(a) substituted by No. 39/2018 s. 41(16).\n\n(a) if a development licence is required for the declared project or a part of the declared project to be developed, any agency to which the EPA referred the application for the development licence under section 69(2) of the **Environment Protection Act 2017**; and\n\n(b) the Secretary to the Department of Health.\n\nS. 62(4B) inserted by No. 49/2013 s. 34(3), amended by No. 39/2018 s. 41(17).\n\n(4B) On receiving a revised comprehensive impact statement under section (4A), an agency or the Secretary to the Department of Health may make a submission on the revised comprehensive impact statement under subsection (4).\n\nS. 62(4C) inserted by No. 49/2013 s. 34(3), amended by No. 39/2018 s. 41(17).\n\n(4C) If an agency or the Secretary to the Department of Health makes a submission on the revised comprehensive impact statement, the agency or the Secretary must give a copy of the submission to the EPA by the date determined under subsection (4)(e).\n\n(5) On receiving a notice under subsection (3)(b)(i), the Secretary must publish the notice on the Department's Internet site.\n\nS. 63 amended by No. 43/2021 s. 217(5).\n\n","sortOrder":71},{"sectionNumber":"63","sectionType":"section","heading":"Assessment committee to be notified of publication","content":"\t63 Assessment committee to be notified of publication\n\nAt least 10 business days before a project proponent publishes a revised comprehensive impact statement in accordance with section 62(2)(a), the proponent must give the assessment committee established to assess the comprehensive impact statement written notice of the proponent's intention to publish the revised comprehensive impact statement.\n\n","sortOrder":72},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Other requirements before formal public hearings","content":"Subdivision 6—Other requirements before formal public hearings\n\nS. 64 (Heading) amended by No. 39/2018 s. 41(18).\n\nS. 64 substituted by No. 49/2013 s. 35.\n\n","sortOrder":73},{"sectionNumber":"64","sectionType":"section","heading":"EPA to advise Planning Minister regarding development licences","content":"\t64 EPA to advise Planning Minister regarding development licences\n\nS. 64(1) amended by No. 39/2018 s. 41(19).\n\n(1) This section applies if a development licence is required in order for the declared project or a part of the declared project to be developed.\n\n(2) On receiving a comprehensive impact statement under section 51 and any relevant submissions under section 51A, and any revised comprehensive impact statement and relevant submissions under section 62, the EPA may advise the Planning Minister as to—\n\nS. 64(2)(a) amended by No. 39/2018 s. 41(19).\n\n(a) whether the Minister should, as part of the Minister's approval decision, issue a development licence for the declared project or a part of the declared project; and\n\nS. 64(2)(b) amended by No. 39/2018 s. 41(19).\n\n(b) if a development licence should be issued, whether it should be subject to conditions and the nature of such conditions (if any).\n\n(3) The EPA must give its advice to the Planning Minister within 30 business days after the last day of the formal public hearing conducted in relation to the comprehensive impact statement.\n\n","sortOrder":74},{"sectionNumber":"65","sectionType":"section","heading":"Advice of applicable law decision makers in relation to application of applicable law criteria","content":"\t65 Advice of applicable law decision makers in relation to application of applicable law criteria\n\n(1) An applicable law decision maker may give an assessment committee advice as to—\n\n(a) whether the parts of a comprehensive impact statement that relate to the kinds of applicable approvals it grants under the relevant applicable law adequately address the applicable law criteria for the granting of those kinds of approvals; and\n\n(b) if so, the kinds of conditions or restrictions it may impose on those kinds of approvals.\n\n(2) Advice under subsection (1) must be given to an assessment committee before the first day after the end of the formal public hearing conducted in relation to the comprehensive impact statement.\n\n","sortOrder":75},{"sectionNumber":"Subdiv 7","sectionType":"subdivision","heading":"Formal public hearings","content":"Subdivision 7—Formal public hearings\n\n","sortOrder":76},{"sectionNumber":"66","sectionType":"section","heading":"Notification of formal public hearing to be conducted","content":"\t66 Notification of formal public hearing to be conducted\n\nS. 66(1) amended by No. 49/2013 s. 36.\n\n(1) The assessment committee must, as soon as practicable after giving a written statement under section 59(1)(b), receiving a reviewed comprehensive impact statement or receiving a notification under section 63—\n\n(a) publish notice of the time and place at which the formal public hearing for the comprehensive impact statement is to be conducted—\n\n(ii) in at least one newspaper circulating in the area where the declared project to which the statement relates will be developed; and\n\nS. 66(1)(b) amended by No. 43/2021 s. 217(6).\n\n(b) give written notice of the time and place at which the formal public hearing is to be conducted to—\n\n(i) the Secretary; and\n\n(ii) the owners and occupiers of land that were given a notice under section 47.\n\n(2) On receiving a notice under subsection (1)(b)(i), the Secretary must publish the notice on the Department's Internet site.\n\n","sortOrder":77},{"sectionNumber":"67","sectionType":"section","heading":"Direction to project proponent to publish formal public hearing time and place on Internet","content":"\t67 Direction to project proponent to publish formal public hearing time and place on Internet\n\n(1) The assessment committee may also direct the project proponent for the declared project to which the comprehensive impact statement relates to publish notice of the time and place at which the formal public hearing is to be conducted on the project proponent's Internet site.\n\n(2) The project proponent must comply with a direction under subsection (1) as soon as practicable after receiving the direction.\n\n","sortOrder":78},{"sectionNumber":"68","sectionType":"section","heading":"Conduct of formal public hearing by assessment committee","content":"\t68 Conduct of formal public hearing by assessment committee\n\n(1) An assessment committee must conduct a formal public hearing in relation to the comprehensive impact statement in accordance with Division 2 of Part 8.\n\nS. 68(2) substituted by No. 49/2013 s. 37.\n\n(2) The assessment committee must commence to conduct the formal public hearing within, as the case requires—\n\n(a) 20 business days after a statement under section 59(1)(b) is given to the project proponent; or\n\n(b) 20 business days after notice of the publication of the revised statement is published under section 62(2).\n\n(3) The assessment committee must complete the formal public hearing within 30 business days after commencing the hearing under subsection (2).\n\n","sortOrder":79},{"sectionNumber":"Subdiv 8","sectionType":"subdivision","heading":"Supplementary comprehensive impact statement assessments","content":"Subdivision 8—Supplementary comprehensive impact statement assessments\n\n","sortOrder":80},{"sectionNumber":"69","sectionType":"section","heading":"Consideration of further assessments arising out of a formal public hearing or submissions","content":"\t69 Consideration of further assessments arising out of a formal public hearing or submissions\n\n(a) in a formal public hearing or a properly made submission, a further option in relation to the declared project is put forward that the assessment committee considers—\n\n(i) provides a prudent and feasible alternative to the preferred option contained in the comprehensive impact statement; and\n\n(ii) has not been given sufficient consideration; and\n\n(b) the assessment committee considers that that further option may have the effect of requiring the comprehensive impact statement to be revised and reassessed (a ***supplementary assessment***).\n\n(2) In exceptional circumstances, the assessment committee may recommend, in writing, to the Planning Minister that the Minister directs the project proponent to undertake a supplementary assessment.\n\n(3) In determining what constitutes exceptional circumstances for the purpose of subsection (2), an assessment committee may have regard to—\n\n(a) the nature of the declared project and the contents of the comprehensive impact statement; and\n\n(b) the extent to which the further option provides a prudent and feasible alternative to the preferred option presented in the comprehensive impact statement; and\n\n(c) the impacts of the further option; and\n\n(d) any further information that is provided to the committee by the project proponent under section 70(1) in relation to the extent to which the further option provides a prudent and feasible alternative.\n\n","sortOrder":81},{"sectionNumber":"70","sectionType":"section","heading":"Assessment committee may request further information from project proponent","content":"\t70 Assessment committee may request further information from project proponent\n\n(1) For the purpose of making a recommendation to the Planning Minister under section 69(2), an assessment committee may request, in writing, the project proponent to give to the committee further information in relation to the extent to which a further option provides a prudent and feasible alternative.\n\n(2) On receiving a request under subsection (1), the project proponent must comply with the request.\n\n(3) An assessment committee must give any additional information given by the project proponent in compliance with a request under subsection (1) to the Secretary.\n\n(4) On receiving additional information under subsection (3), the Secretary must publish the additional information on the Department's Internet site.\n\n","sortOrder":82},{"sectionNumber":"71","sectionType":"section","heading":"Planning Minister may direct project proponent to undertake a supplementary assessment","content":"\t71 Planning Minister may direct project proponent to undertake a supplementary assessment\n\n(1) On receiving a recommendation under section 69(2), the Planning Minister may, in writing, direct the project proponent to whom the recommendation relates to undertake a supplementary assessment in relation to a further option in accordance with section 72.\n\n(2) The Planning Minister must give his or her reasons for a direction under subsection (1) to the project proponent.\n\n","sortOrder":83},{"sectionNumber":"72","sectionType":"section","heading":"Supplementary assessments of further options","content":"\t72 Supplementary assessments of further options\n\n(1) This section applies if the Planning Minister directs the project proponent for a declared project to undertake a supplementary assessment in relation to a further option in accordance with this section.\n\n(2) The project proponent for the declared project to which the further option relates must review and revise the comprehensive impact statement for the project in light of the further option.\n\nS. 72(3) amended by No. 49/2013 s. 38.\n\n(3) After revising the comprehensive impact statement in accordance with subsection (2), the project proponent must comply with sections 51(2), 62 and 63.\n\n(4) For the purpose of subsection (3), a reference in those sections to a revised comprehensive impact statement is to be read as a reference to a comprehensive impact statement reviewed and revised under this section.\n\n(5) In addition, section 68 applies as if a reference in that section to a comprehensive impact statement were reference to a comprehensive impact statement reviewed and revised under this section.\n\n","sortOrder":84},{"sectionNumber":"Subdiv 9","sectionType":"subdivision","heading":"Assessment committee recommendations in relation to comprehensive impact statements","content":"Subdivision 9—Assessment committee recommendations in relation to comprehensive impact statements\n\n","sortOrder":85},{"sectionNumber":"73","sectionType":"section","heading":"Assessment committee recommendations","content":"\t73 Assessment committee recommendations\n\n(1) An assessment committee established for a declared project, by written report to the Planning Minister, must recommend to the Planning Minister (an ***assessment committee recommendation***) as to whether the Minister should make an approval decision that—\n\n(a) grants all or some of the applicable approvals that are necessary for the declared project or a part of the declared project to be developed (with or without conditions); or\n\n(b) refuses to grant all of the applicable approvals that are necessary for the declared project or a part of the declared project to be developed.\n\n(2) An assessment committee must not make an assessment committee recommendation that is inconsistent with the committee's terms of reference.\n\n(3) If an assessment committee recommendation recommends that the Planning Minister grant all or some of the applicable approvals that are required for the declared project or a part of the declared project to be developed but with conditions, the recommendation must specify—\n\n(a) the conditions; and\n\n(b) the relevant applicable law under which the conditions are being imposed; and\n\n(c) the person or body authorised under the relevant applicable law to administer compliance with the conditions.\n\n(4) In making an assessment committee recommendation, an assessment committee must have regard to—\n\n(a) the project proposal; and\n\n(b) the comprehensive impact statement; and\n\n(c) all properly made submissions; and\n\n(d) any issues raised in, as the case requires—\n\n(i) meetings and correspondence referred to in section 56; and\n\n(ii) a preliminary hearing; and\n\n(iii) a formal public hearing; and\n\n(e) the comments of the persons the committee was directed by the Planning Minister to consult with under this Division; and\n\n(f) any consultation with or advice received from an applicable law decision maker under this Division; and\n\nS. 73(4)(g) amended by No. 49/2013 s. 39(1).\n\n(g) subject to this section, every applicable law relevant to the declared project, including the applicable law criteria under that law.\n\n(5) In addition, in making an assessment committee recommendation, an assessment committee may have regard to any other matter the committee considers relevant.\n\nS. 73(6) amended by No. 49/2013 s. 39(2).\n\n(6) Subsection (4)(g) applies despite anything to the contrary in the applicable law that requires the relevant applicable law decision maker under that law to do anything other than have regard to the applicable law criteria.\n\n(7) An assessment committee recommendation must set out the reasons of the assessment committee.\n\n(8) An assessment committee recommendation must be made and given to the Planning Minister within 30 business days after the last day of the formal public hearing conducted in relation to the comprehensive impact statement unless the Planning Minister directs the project proponent, under section 71, to undertake a supplementary assessment in relation to a further option.\n\nS. 74 (Heading) amended by No. 39/2018 s. 41(20).\n\n","sortOrder":86},{"sectionNumber":"74","sectionType":"section","heading":"Specific applicable approval—Environment protection development licences","content":"\t74 Specific applicable approval—Environment protection development licences\n\nS. 74(1) amended by Nos 49/2013 s. 40(1), 39/2018 s. 41(21).\n\n(1) This section applies if a development licence is required in order for the declared project or a part of the declared project to be developed.\n\n(2) An assessment committee must give a copy of its assessment committee recommendation to the EPA on the same day on which the committee gives the Planning Minister its assessment committee recommendation.\n\nS. 74(3)(4) repealed by No. 49/2013 s. 40(2).\n\n","sortOrder":87},{"sectionNumber":"Div 6","sectionType":"division","heading":"Interaction with the Aboriginal Heritage Act 2006","content":"Division 6—Interaction with the Aboriginal Heritage Act 2006\n\n","sortOrder":88},{"sectionNumber":"75","sectionType":"section","heading":"Giving and notification of cultural heritage management plans","content":"\t75 Giving and notification of cultural heritage management plans\n\nThe project proponent for a declared project must—\n\n(a) give the Planning Minister a copy of every cultural heritage management plan that is approved under the **Aboriginal Heritage Act 2006** for the area in which works are to be carried out for the development of the project or a part of the project; or\n\nS. 75(b) amended by No. 43/2021 s. 217(7).\n\n(b) give written notice to the Planning Minister if the project proponent has applied to VCAT under section 116 of the **Aboriginal Heritage Act 2006** for a review of, or commenced proceedings in a court in relation to—\n\n(i) a decision of a registered Aboriginal party to refuse to approve a cultural heritage management plan under section 63 of that Act; or\n\n(ii) a decision of the Secretary (within the meaning of that Act) to refuse to approve a cultural heritage management plan under section 65 of that Act.\n\nDivision 7—Approval decisions\n\nSubdivision 1—Application\n\n\t76 Application of Division\n\nThis Division applies if the Planning Minister receives—\n\n(a) an impact management plan from a project proponent under section 29; or\n\n(b) an assessment committee recommendation.\n\n\tSubdivision 2—General provisions relating to approval decisions\n\n","sortOrder":89},{"sectionNumber":"77","sectionType":"section","heading":"Approval decisions","content":"\t77 Approval decisions\n\n(1) Subject to this Division, on receiving an impact management plan or assessment committee recommendation, the Planning Minister must make a decision (an ***approval decision***) whether to—\n\n(a) grant all or some of the applicable approvals that are necessary for the declared project or a part of the declared project to be developed; or\n\n(b) refuse to grant all of the applicable approvals that are necessary for the declared project or a part of the declared project to be developed.\n\n(2) In making an approval decision, the Planning Minister must—\n\n(a) in the case where the Minister receives an assessment committee recommendation, have regard to—\n\n(i) the assessment committee recommendation; and\n\nS. 77(2)(a)(ii) amended by No. 49/2013 s. 41(1)(a).\n\n(ii) the advice of the EPA under section 64; and\n\nS. 77(2)(b) repealed by No. 49/2013 s. 41(1)(b).\n\nS. 77(2)(c) amended by No. 49/2013 s. 41(1)(c).\n\n(c) subject to subsection (3), in every case, have regard to the applicable law criteria under an applicable law.\n\nS. 77(3) amended by No. 49/2013 s. 41(2).\n\n(3) Subsection (2)(c) applies despite anything to the contrary in the applicable law that requires the relevant applicable law decision maker under that law to do anything other than have regard to the applicable law criteria.\n\n","sortOrder":90},{"sectionNumber":"78","sectionType":"section","heading":"Approval decisions for planning scheme amendments","content":"\t78 Approval decisions for planning scheme amendments\n\nThe Planning Minister may make an approval decision that is solely for an amendment to a provision of a planning scheme if the Planning Minister has received a notification under section 75(b).\n\n","sortOrder":91},{"sectionNumber":"79","sectionType":"section","heading":"Consultation required in impact management plan cases","content":"\t79 Consultation required in impact management plan cases\n\nBefore making an approval decision following receipt of an impact management plan, the Planning Minister must consult with every applicable law decision maker empowered to grant an applicable approval that is necessary for the declared project or a part of the declared project to be developed.\n\n","sortOrder":92},{"sectionNumber":"80","sectionType":"section","heading":"Contents of approval decisions","content":"\t80 Contents of approval decisions\n\n(1) An approval decision must—\n\n(a) specify—\n\n(i) the applicable approvals granted or not granted; and\n\n(ii) if any of the applicable approvals have been granted subject to conditions, those conditions; and\n\n(iii) any other conditions the Planning Minister may wish to impose; and\n\n(b) set out the reasons of the Planning Minister.\n\n(2) Without limiting subsection (1)(a)(iii), the Planning Minister may, by condition, require the project proponent to—\n\n(a) in the case of an approval decision relating to a declared project for which a comprehensive impact statement was prepared—prepare an impact management plan under Division 4 in relation to an aspect of the declared project;\n\n(b) in all cases—enter into an agreement with the Minister in relation to any matter relating to the development of the declared project that is not a matter to which an applicable approval (to which the approval decision relates) applies.\n\n","sortOrder":93},{"sectionNumber":"81","sectionType":"section","heading":"Time within which approval decision must be made","content":"\t81 Time within which approval decision must be made\n\nS. 81(1) amended by No. 49/2013 s. 42.\n\n(1) The Planning Minister must make an approval decision within 20 business days after receiving, as the case requires—\n\n(a) the impact management plan; or\n\n(b) the assessment committee recommendation.\n\nS. 81(2) repealed by No. 7/2019 s. 44(1).\n\n","sortOrder":94},{"sectionNumber":"82","sectionType":"section","heading":"Giving and publication of approval decision","content":"\t82 Giving and publication of approval decision\n\n(1) An approval decision must be given to—\n\n(a) the project proponent; and\n\n(b) every applicable law decision maker empowered to grant an applicable approval that is necessary for the declared project or a part of the declared project to be developed; and\n\n(c) in the case of an approval decision following the comprehensive impact statement assessment process, the persons referred to in section 62(3)(b)(ii) to (iv); and\n\n(d) in the case of an approval decision following the impact management plan assessment process, the persons with whom the project proponent consulted in accordance with a direction under section 25.\n\n(2) An approval decision must be published on the Department's Internet site and notice of its making must be published in the Government Gazette.\n\n(3) An approval decision takes effect on the day notice of its making is published in the Government Gazette.\n\n","sortOrder":95},{"sectionNumber":"83","sectionType":"section","heading":"Publication of assessment committee recommendation","content":"\t83 Publication of assessment committee recommendation\n\n(1) The Planning Minister must publish the assessment committee recommendation to which the Minister's approval decision relates at the same time as the approval decision.\n\nS. 83(2) amended by No. 7/2019 s. 44(2).\n\n(2) The assessment committee recommendation must be published on the Department's Internet site.\n\n","sortOrder":96},{"sectionNumber":"84","sectionType":"section","heading":"Effect of approval decision granting the applicable approvals for a declared project","content":"\t84 Effect of approval decision granting the applicable approvals for a declared project\n\n(1) An approval decision granting any of the applicable approvals necessary for a declared project to be developed, where that decision relates to a particular applicable approval, is to be taken to be a decision of the applicable law decision maker granting the applicable approval under the relevant applicable law—\n\n(a) despite anything to the contrary in that applicable law; and\n\n(b) even if—\n\n(i) no application was made under the applicable law for the particular applicable approval; or\n\n(ii) the process specified under the relevant applicable law for the making of the applicable law decision for the particular applicable approval was not complied with; or\n\n(iii) a fee required in respect of an application under the relevant applicable law for the making of the applicable law decision for the particular applicable approval was not paid.\n\nS. 84(1A) inserted by No. 49/2013 s. 43.\n\n(1A) Subsection (1)(b)(iii) does not apply in the case of a fee payable under section 51(2).\n\n(2) Subject to subsection (3), an applicable approval to which this section applies may be varied, amended or revoked by the relevant applicable law decision maker in accordance with the relevant applicable law under which that approval operates—\n\n(a) only on the application of the project authority for the declared project to which the applicable approval applies; and\n\n(b) with the written consent of the Planning Minister.\n\nS. 84(3) amended by No. 39/2018 s. 41(22).\n\n(3) In the case of an applicable approval that is a development licence, a condition to which the approval is subject may be amended, or a new condition may be inserted into the development licence, by the EPA by notice—\n\n(a) given to the project authority for the declared project to which the approval relates; and\n\n(b) published in the Government Gazette.\n\nS. 84(4) amended by No. 39/2018 s. 41(23).\n\n(4) A amendment, or insertion, of a condition under subsection (3) is to be taken to be an amendment of the development licence under section 58 of the **Environment Protection Act 2017**.\n\n(5) Subsections (2) and (3) apply despite anything to the contrary in an applicable law.\n\nSubdivision 3—Planning scheme amendments\n\n","sortOrder":97},{"sectionNumber":"85","sectionType":"section","heading":"Modification of application of the Planning and Environment Act 1987","content":"\t85 Modification of application of the Planning and Environment Act 1987\n\n(1) This section applies if the Planning Minister must make an approval decision that relates to the preparation, adoption and approval of an amendment to a provision of a planning scheme under the **Planning and Environment Act 1987**.\n\n(2) Subject to this Division, for the purpose of the Planning Minister making the approval decision, the **Planning and Environment Act 1987** (except sections 38(2) to (4) and 39) applies as an applicable law.\n\n","sortOrder":98},{"sectionNumber":"86","sectionType":"section","heading":"Amendments to provisions of planning schemes must not require planning permit for works","content":"\t86 Amendments to provisions of planning schemes must not require planning permit for works\n\nAn approval decision that makes an amendment to a provision of a planning scheme must not have the effect of requiring a person to hold a planning permit in order for that person or another person to carry out works in the project area for the declared project to which the decision relates.\n\nSubdivision 4—Other applicable law exclusions and modifications\n\n","sortOrder":99},{"sectionNumber":"87","sectionType":"section","heading":"Modification of the application of the Flora and Fauna Guarantee Act 1988","content":"\t87 Modification of the application of the Flora and Fauna Guarantee Act 1988\n\nS. 87(1) amended by No. 28/2019 s. 51(1).\n\n(1) This section applies if the Planning Minister must make an approval decision that relates to the granting of a permit under section 35 of the **Flora and Fauna Guarantee Act 1988**.\n\nS. 87(2) amended by No. 28/2019 s. 51(2).\n\n(2) The project proponent is taken to be a landholder to which section 35 of that Act applies for the purpose of the Planning Minister making the approval decision.\n\nS. 88 (Heading) amended by No. 7/2017 s. 302(2).\n\n","sortOrder":100},{"sectionNumber":"88","sectionType":"section","heading":"Modification of the application of the Heritage Act 2017","content":"\t88 Modification of the application of the Heritage Act 2017\n\n(1) This section applies if the Planning Minister must make an approval decision that relates to—\n\nS. 88(1)(a) amended by No. 7/2017 s. 302(3).\n\n(a) the issue of a permit under section 102 of the **Heritage Act 2017**; or\n\nS. 88(1)(b) amended by No. 7/2017 s. 302(4).\n\n(b) the issue of a consent under section 124 of the **Heritage Act 2017**.\n\n(2) Subject to this Division—\n\nS. 88(2)(a) amended by No. 7/2017 s. 302(5).\n\n(a) in the case of the issue of a permit under section 102 of that Act, that Act applies as an applicable law for the purpose of the Planning Minister making the approval decision;\n\nS. 88(2)(b) amended by Nos 93/2009 s. 43(5), 7/2017 s. 302(6).\n\n(b) in the case of the issue of a consent under section 124 of that Act, that Act applies as an applicable law for the purpose of the Planning Minister making the approval decision.\n\n","sortOrder":101},{"sectionNumber":"Div 8","sectionType":"division","heading":"Approval decision variations","content":"Division 8—Approval decision variations\n\n","sortOrder":102},{"sectionNumber":"89","sectionType":"section","heading":"Applications for variations","content":"\t89 Applications for variations\n\n(1) The project authority for a declared project may apply to the Planning Minister for a variation to the approval decision that applies to the declared project.\n\n(2) An application must—\n\n(a) be in writing; and\n\n(b) specify the variation being sought; and\n\n(c) include information that explains, and the reasons for, the variation sought.\n\n","sortOrder":103},{"sectionNumber":"90","sectionType":"section","heading":"Planning Minister to make determination on application","content":"\t90 Planning Minister to make determination on application\n\nS. 90(1) substituted by No. 49/2013 s. 44(1).\n\n(1) On receiving an application under section 89, the Planning Minister must make a determination—\n\n(a) to grant the variation, subject to any conditions the Planning Minister thinks fit; or\n\n(b) to refuse to grant the variation.\n\n(2) In making a determination under subsection (1), the Planning Minister must have regard to the nature of the variation sought.\n\nS. 90(3) substituted by No. 49/2013 s. 44(2).\n\n(3) For the purposes of making a determination under subsection (1), the Planning Minster may do any of the following—\n\n(a) request further information about the variation and any other related matter from the project authority;\n\n(b) consult with any person or body that the Minister considers has an interest in the declared project or proposed variation;\n\n(c) direct the project authority to consult with any person or body that the Minister considers has an interest in the declared project or proposed variation, in a manner directed by the Minister and to provide a report to the Minister on the outcome of the consultation;\n\n(d) seek comments on the proposed variation from any applicable law decision maker relevant to the proposed variation;\n\n(e) consult with any person or body that the Planning Minister considers has the necessary training or expertise to advise on the proposed variation;\n\n(f) if in granting the variation, the Planning Minister considers that exceptional circumstances exist, specify to the project authority which of the provisions of the impact management plan assessment process or comprehensive impact statement process (with any necessary modifications) will apply to the variation sought.\n\n(4) Notice of the making of a determination under subsection (1) must be published—\n\n(a) in the Government Gazette; and\n\n(b) on the Department's Internet site.\n\nSee also section 84(2).\n\nS. 91 amended by No. 49/2013 s. 45.\n\n","sortOrder":104},{"sectionNumber":"91","sectionType":"section","heading":"Application of Part to variation sought by project authority","content":"\t91 Application of Part to variation sought by project authority\n\nOn the making of a determination under section 90 that specifies provisions in accordance with section 90(3)(f)—\n\n(a) the provisions of the impact management plan assessment process or comprehensive impact statement process specified in the determination apply to the variation sought—\n\n(i) as if a reference in those provisions to the project proponent were a reference to the project authority seeking the variation to the approval decision that applies to the declared project; and\n\n(ii) as if a reference in those provisions to the declared project (other than a reference to the declared project to be developed) were a reference to the variation being sought to the approval decision that applies to the approved project; and\n\n(iii) as if a reference in those provisions to a declared project to be developed were a reference to the declared project to be developed if the variation to the approval decision that applies to the project is made; and\n\n(iv) with any other modifications that are necessary; and\n\n(b) Divisions 6 and 7 apply—\n\n(i) as if a reference in those Divisions to an approval decision were an approval decision varying the approval decision that applies to the declared project; and\n\n(ii) as if a reference in those Divisions to the project proponent were a reference to the project authority seeking the variation to the approval decision that applies to the declared project; and\n\n(iii) with any other modifications that are necessary.\n\n","sortOrder":105},{"sectionNumber":"92","sectionType":"section","heading":"Development of approved project may continue in some cases while a variation sought","content":"\t92 Development of approved project may continue in some cases while a variation sought\n\nTo avoid doubt, a project authority may continue to develop those parts of an approved project that do not relate to the variation of the approval decision sought under this Division.\n\n","sortOrder":106},{"sectionNumber":"Div 9","sectionType":"division","heading":"Other matters","content":"Division 9—Other matters\n\n","sortOrder":107},{"sectionNumber":"93","sectionType":"section","heading":"Correction of mistakes","content":"\t93 Correction of mistakes\n\n(1) The Planning Minister may correct an approval decision, or applicable approval to which the approval decision applies, if the decision or applicable approval contains—\n\n(a) a clerical mistake or an error arising from any accidental slip or omission; or\n\n(b) an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the approval decision or applicable approval.\n\n(2) Subsection (1) applies despite anything to the contrary in an applicable law.\n\n","sortOrder":108},{"sectionNumber":"94","sectionType":"section","heading":"Reports to the Premier in relation to compliance with time limits under this Part","content":"\t94 Reports to the Premier in relation to compliance with time limits under this Part\n\nThe Planning Minister, within 10 business days after receiving a written request from the Premier, must report to the Premier in relation to—\n\n(a) whether there has been any non-compliance by any person or body with a time limit required under this Part; and\n\n(b) the reasons for those cases of non-compliance.\n\n","sortOrder":109},{"sectionNumber":"Part 4","sectionType":"part","heading":"The project area","content":"Part 4—The project area\n\n","sortOrder":110},{"sectionNumber":"95","sectionType":"section","heading":"Designation of project area","content":"\t95 Designation of project area\n\nS. 95(1) amended by No. 93/2009 s. 43(6)(a).\n\nS. 95(1)(a) substituted by No. 93/2009 s. 43(6)(b), amended by No. 7/2019 s. 44(3).\n\n(a) the Premier declares a transport project to be a declared project to which this Act (other than Parts 3 and 8) applies; or\n\nS. 95(1)(b) substituted by No. 93/2009 s. 43(6)(b).\n\n(b) the Planning Minister makes an approval decision in relation to a declared project.\n\nS. 95(2) amended by No. 48/2024 s. 10(a)(i).\n\n(2) The Planning Minister, by Order published in the Government Gazette, must designate—\n\nS. 95(2)(a) substituted by No. 93/2009 s. 43(7), amended by Nos 7/2019 s. 44(3), 48/2024 s. 10(a)(ii).\n\n(a) in the case where the Premier declares a transport project to be a declared project to which this Act (other than Parts 3 and 8) applies—the area or areas of land for the declared project to which that declaration relates or the first part of that declared project;\n\nS. 95(2)(b) amended by No. 48/2024 s. 10(a)(iii).\n\n(b) in the case where the Minister has made an approval decision—the area of land for the declared project to which that decision relates.\n\nS. 95(2A) inserted by No. 49/2013 s. 46(1).\n\n(2A) A designation under this section may—\n\nS. 95(2A)(a) amended by No. 48/2024 s. 10(b).\n\n(a) specify an area or areas of land where associated works have been or will be carried out; and\n\nS. 95(2A)(b) amended by No. 48/2024 s. 10(b).\n\n(b) note whether the specified area or areas of land or any activity on that land has been subject to an approval decision under this Act or an applicable approval under an applicable law.\n\n(3) The Planning Minister must not make a designation under this section unless—\n\nS. 95(3)(a) substituted by No. 43/2021 s. 136(1)(a), amended by No. 48/2024 s. 10(c).\n\n(a) the Planning Minister has received a plan that contains sufficient detail to identify the extent of the area or areas of land to be designated; and\n\nS. 95(3)(b) substituted by No. 49/2013 s. 46(2), amended by Nos 7/2019 s. 44(3), 43/2021 s. 136(1)(b), 48/2024 s. 10(d).\n\n(b) in the case where the Premier declares a transport project to be a declared project to which this Act (other than Parts 3 and 8) applies—the Planning Minister is satisfied that—\n\nS. 95(3)(b)(i) inserted by No. 48/2024 s. 10(d).\n\n(i) the declared project is not prohibited by or under an applicable planning scheme; or\n\nS. 95(3)(b)(ii) inserted by No. 48/2024 s. 10(d).\n\n(ii) if the designation is in relation to the first part of the declared project, that part of the declared project is not prohibited by or under an applicable planning scheme.\n\n(4) An Order under this section takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that later day.\n\nS. 95(5) inserted by No. 43/2021 s. 136(2), amended by No. 48/2024 s. 10(e).\n\n(5) For the purpose of subsection (3)(b), a transport project or part of a transport project is not prohibited by or under a planning scheme if—\n\n(a) it is permitted as of right; or\n\n(b) it may be undertaken without a planning permit (whether or not the planning scheme requires other approvals or consents to be obtained before it may be undertaken); or\n\n(c) it may be undertaken with a planning permit (whether or not a planning permit may be granted or refused).\n\n","sortOrder":111},{"sectionNumber":"96","sectionType":"section","heading":"Variations to project area","content":"\t96 Variations to project area\n\n(1) A project authority for an approved project may request the Planning Minister to vary the project area for the approved project by doing either or both of the following—\n\nS. 96(1)(a) amended by No. 48/2024 s. 11(1)(a).\n\n(a) increasing the project area by designating an area or areas of land to be part of the project area;\n\nS. 96(1)(b) amended by No. 48/2024 s. 11(1)(b).\n\n(b) designating an area or areas of land as not being part of the project area.\n\n(2) A request under subsection (1) must—\n\n(a) set out the variation being requested; and\n\n(b) be in writing.\n\n(3) On receiving a request under subsection (1), the Planning Minister, by Order published in the Government Gazette, may vary the project area by doing either or both of the following—\n\nS. 96(3)(a) amended by No. 48/2024 s. 11(1)(a).\n\n(a) increasing the project area by designating an area or areas of land to be part of the project area;\n\nS. 96(3)(b) amended by No. 48/2024 s. 11(1)(b).\n\n(b) designating an area or areas of land as not being part of the project area.\n\nS. 96(4) substituted by Nos 43/2021 s. 137, 48/2024 s. 11(2).\n\n(4) The Planning Minister must not make a designation under subsection (3) unless—\n\n(a) the Planning Minister has received a plan that contains sufficient detail to identify the extent of the area or areas of land to be designated; and\n\n(b) if the request is for the purposes of designating an area or areas of land for a subsequent part of a declared project to which this Act (other than Parts 3 and 8) applies, the Planning Minister is satisfied that the subsequent part of the declared project to which the request relates is not prohibited by or under an applicable planning scheme.\n\nS. 96(4A) inserted by No. 48/2024 s. 11(2).\n\n(4A) A designation of an area or areas of land for a subsequent part of a declared project to which this Act (other than Parts 3 and 8) applies may—\n\n(a) specify an area or areas of land where associated works have been or will be carried out; and\n\n(b) note whether the specified area or areas of land or any activity on that land has been subject to an applicable approval under an applicable law.\n\n(5) An Order under this section takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that later day.\n\nS. 96(6) inserted by No. 48/2024 s. 11(3).\n\n(6) For the purposes of subsection (4)(b), the subsequent part of the declared project is not prohibited by or under a planning scheme if—\n\n(a) it is permitted as of right; or\n\n(b) it may be undertaken without a planning permit (whether or not the planning scheme requires other approvals or consents to be obtained before it may be undertaken); or\n\n(c) it may be undertaken with a planning permit (whether or not a planning permit may be granted or refused).\n\n","sortOrder":112},{"sectionNumber":"97","sectionType":"section","heading":"Consolidated plans for project area","content":"\t97 Consolidated plans for project area\n\n(1) The Planning Minister, by Order published in the Government Gazette, may approve consolidated plans of a project area incorporating all variations to the project area made under section 96 up to the date of the Order.\n\nS. 97(2) substituted by No. 43/2021 s. 138.\n\n(2) The consolidated plans of a project area must contain sufficient detail to identify the extent of the project area.\n\n(3) An Order under this section approving consolidated plans for a project area revokes and replaces any existing approved consolidated plans for the project area.\n\n(4) An Order under this section takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that day.\n\n","sortOrder":113},{"sectionNumber":"98","sectionType":"section","heading":"Planning scheme amendment powers of Planning Minister in relation to variations to project area","content":"\t98 Planning scheme amendment powers of Planning Minister in relation to variations to project area\n\nS. 98(1) substituted by No. 49/2013 s. 47.\n\n(1) This section applies if an Order is made under section 96.\n\n(2) The Planning Minister, in accordance with the **Planning and Environment Act 1987**, may amend the provisions of the planning scheme so that—\n\n(a) in the case of an Order made under section 96(3)(a)—the land is deemed to be reserved for public purposes under the planning scheme;\n\n(b) in the case of an Order made under section 96(3)(b)—the land ceases to be deemed to be reserved for public purposes under the planning scheme.\n\nS. 98A inserted by No. 49/2013 s. 48.\n\n","sortOrder":114},{"sectionNumber":"98A","sectionType":"section","heading":"Plans to be published on the Internet","content":"\t98A Plans to be published on the Internet\n\nThe Secretary must publish on the Department's Internet site—\n\nS. 98A(a) amended by No. 48/2024 s. 12.\n\n(a) a plan comprising the area or areas of land designated under an Order under section 95(2); and\n\n(b) a plan comprising a variation to a project area under an Order under section 96(3); and\n\n(c) consolidated plans of a project area approved under an Order under section 97(1)—\n\nas soon as practicable after the relevant Order is published in the Government Gazette.\n\n","sortOrder":115},{"sectionNumber":"Part 5","sectionType":"part","heading":"A project authority's functions and powers","content":"Part 5—A project authority's functions and powers\n\nPt 5 Div. 1 (Heading and ss 99, 100) repealed by No. 43/2021 s. 139.\n\nDivision 2—Functions and powers of a project authority\n\nS. 101 amended by No. 43/2021 s. 140 (ILA s. 39B(1)).\n\n","sortOrder":116},{"sectionNumber":"101","sectionType":"section","heading":"A project authority's functions","content":"\t101 A project authority's functions\n\n(1) A project authority has, for an approved project, the following functions—\n\n(a) to facilitate, on behalf of the State, the development of the approved project;\n\n(b) to seek and evaluate submissions from persons interested in undertaking the approved project;\n\n(c) to negotiate with persons interested in undertaking the development of the approved project;\n\n(d) to make recommendations in relation to contractual arrangements between the State and any other person for the development or delivery of the approved project;\n\n(e) to enter into contractual arrangements with any persons for the development or delivery of the approved project and to administer and manage such arrangements;\n\n(f) to administer and manage agreements and arrangements between the State and any other person for, or relating to, the development or delivery of the approved project;\n\n(g) to facilitate and coordinate consultations with statutory authorities and agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the approved project;\n\n(h) to negotiate and enter into arrangements with statutory authorities and agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the approved project;\n\n(i) to make recommendations to the Project Minister in relation to facilitating the approved project and coordinating with statutory authorities, agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the approved project;\n\n(j) to ensure that agreements and arrangements between the State and any other person for, or relating to, the development or delivery of the approved project are performed in accordance with their terms;\n\n(k) to commission transport infrastructure that is developed as part of an approved project;\n\n(l) to undertake any other functions that are conferred on the project authority by or under this Act or any other Act.\n\nS. 101(2) inserted by No. 43/2021 s. 140.\n\n(2) Before a declared project becomes an approved project, the project authority for the declared project has any functions that are conferred on the project authority by or under this or any other Act in relation to the declared project.\n\nS. 102 substituted by No. 43/2021 s. 141.\n\n","sortOrder":117},{"sectionNumber":"102","sectionType":"section","heading":"A project authority's powers","content":"\t102 A project authority's powers\n\n(1) Subject to subsection (2), for the purpose of performing its project functions, a project authority that is a public authority has the following powers—\n\n(a) to acquire, hold or dispose of real or personal property;\n\n(b) with the written approval of the Treasurer, to participate in the formation of a corporation, trust, partnership or other body or enter into a joint venture;\n\n(c) to subscribe for, or otherwise acquire, hold and dispose of, shares in or debentures or other securities of, a corporation;\n\n(d) to become a member of a company limited by guarantee;\n\n(e) to subscribe for or otherwise acquire, and hold and dispose of, units in a trust;\n\n(f) to acquire, and hold and dispose of, an interest in a partnership or other body;\n\n(g) to give indemnities, guarantees, releases and charges, and anything else of a similar nature;\n\n(h) on behalf of the Crown, to—\n\n(i) assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right of the Crown; or\n\n(ii) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right of the Crown; or\n\n(iii) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright;\n\n(i) to employ or engage staff or consultants;\n\n(j) to enter into arrangements for the services of persons employed under the **Public Administration Act 2004**;\n\n(k) to appoint agents and attorneys, and act as agent;\n\n(l) any other powers conferred on the project authority by or under this or any other Act or law.\n\n(2) A project authority that is a public authority does not have the powers specified in subsection (1) to the extent that the Governor in Council, on the recommendation of the Project Minister, by Order published in the Government Gazette, determines that the project authority does not have those powers.\n\n(3) For the purpose of performing its project functions, a project authority that is not a public authority has the following powers—\n\n(a) the powers specified for the project authority under subsection (4);\n\n(b) any other powers conferred on the project authority by or under this or any other Act or law.\n\n(4) If the project authority is not a public authority, the Governor in Council, on the recommendation of the Project Minister, by Order published in the Government Gazette, may specify any one or more of the powers referred to in subsection (1)(a) to (k) to be a power of the project authority for the purposes of performing its project functions.\n\n(5) In addition to subsection (1) or (3), a project authority may do all other things necessary or convenient to be done for, or in connection with, or as incidental to, the performance of its project functions under this Act.\n\nS. 102A inserted by No. 49/2013 s. 49.\n\n","sortOrder":118},{"sectionNumber":"102A","sectionType":"section","heading":"Project authority to be referral authority","content":"\t102A Project authority to be referral authority\n\nA project authority for an approved project is taken to be specified as a determining referral authority in any planning scheme under the **Planning and Environment Act 1987** in relation to land in the project area.\n\n","sortOrder":119},{"sectionNumber":"103","sectionType":"section","heading":"Delegation—to staff and members","content":"\t103 Delegation—to staff and members\n\n(1) A project authority, by instrument, may delegate to—\n\n(a) an employee of the authority; or\n\n(b) a person employed under the **Public Administration Act 2004**; or\n\n(c) if the authority is a body corporate, a member or chief executive of the authority—\n\nany project function the project authority has, other than this power of delegation.\n\n(2) If the project authority is a body corporate, an instrument under subsection (1) must be under the authority's common seal.\n\nS. 104 (Heading) amended by No. 61/2011 s. 25(Sch. 2 item 3(a)).\n\n","sortOrder":120},{"sectionNumber":"104","sectionType":"section","heading":"Delegation—when the Secretary is the project authority","content":"\t104 Delegation—when the Secretary is the project authority\n\nS. 104(1) amended by No. 61/2011 s. 25(Sch. 2 item 3(a)).\n\n(1) This section applies if the project authority is the Secretary.\n\nS. 104(2) amended by Nos 61/2011 s. 25(Sch. 1 item 5.2)(Sch. 2 item 3), 49/2013 s. 50, 49/2019 s. 186(Sch. 4 item 26.2), substituted by No. 43/2021 s. 142.\n\n(2) The Secretary, by instrument, may delegate any project function the Secretary has, other than this power of delegation, to—\n\n(a) a person employed under Part 3 of the **Public Administration Act 2004** in—\n\n(i) the Department; or\n\n(ii) an Administrative Office (within the meaning of that Act) in relation to the Department; or\n\n(b) an Administrative Office Head (within the meaning of the **Public Administration Act 2004**) of an Administrative Office (within the meaning of that Act) in relation to the Department; or\n\n(c) a person engaged by the Secretary; or\n\n(d) the Suburban Rail Loop Authority; or\n\n(e) the chief executive officer of the Suburban Rail Loop Authority; or\n\n(f) a member of staff (within the meaning of the **Suburban Rail Loop Act 2021**) of the Suburban Rail Loop Authority.\n\n","sortOrder":121},{"sectionNumber":"105","sectionType":"section","heading":"Delegation—to the project contractor","content":"\t105 Delegation—to the project contractor\n\nS. 105(1) substituted by No. 48/2024 s. 14(1).\n\n(1) A project authority, by instrument, may delegate to a project contractor—\n\n(a) a road function; or\n\n(b) a utilities interface function, power or duty.\n\nS. 105(2) amended by Nos 49/2013 s. 51, 48/2024 s. 14(2).\n\n(2) If a project authority delegates a function under this section, the authority must cause a notice of the delegation to be published on the Department's Internet site.\n\nS. 105(3) repealed by No. 48/2024 s. 14(3).\n\n","sortOrder":122},{"sectionNumber":"106","sectionType":"section","heading":"Sub-delegations by project contractor","content":"\t106 Sub-delegations by project contractor\n\nS. 106(1) amended by No. 48/2024 s. 15(1).\n\n(1) This section applies if an instrument of delegation under section 105 delegating a function to the project contractor named in the instrument authorises the sub-delegation of that function by that project contractor to another person or body.\n\nS. 106(2) amended by No. 48/2024 s. 15(2).\n\n(2) Subject to the consent of the Project Minister and any conditions to which the instrument of delegation is subject, the project contractor, by instrument, may sub-delegate any function delegated to the contractor under that instrument of delegation to any other person.\n\nS. 106(3) amended by Nos 49/2013 s. 52, 48/2024 s. 15(3).\n\n(3) If a project contractor sub-delegates any function under this section, the project contractor must cause a notice of the sub‑delegation to be published on the Department's Internet site.\n\n","sortOrder":123},{"sectionNumber":"107","sectionType":"section","heading":"Application of Interpretation of Legislation Act 1984 to sub‑delegations by project contractor","content":"\t107 Application of Interpretation of Legislation Act 1984 to sub‑delegations by project contractor\n\nSections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a sub-delegation authorised by section 106 in the same way as they apply to a delegation.\n\n","sortOrder":124},{"sectionNumber":"108","sectionType":"section","heading":"Project contractor to notify project authority before performing a road function","content":"\t108 Project contractor to notify project authority before performing a road function\n\nS. 108(1) amended by No. 43/2021 s. 217(8).\n\n(1) A project contractor must give the project authority that delegated a road function to the contractor written notice of its intention to perform a road function.\n\n(2) A project contractor does not need to comply with subsection (1) if there is an agreement in force between the project contractor and the project authority that provides for a notification of the kind referred to in that subsection.\n\n","sortOrder":125},{"sectionNumber":"109","sectionType":"section","heading":"Project authority subject to Project Minister direction or control","content":"\t109 Project authority subject to Project Minister direction or control\n\nA project authority, when performing or exercising a project function, is subject to the direction and control of the Project Minister.\n\nDivision 3—End of declared project\n\nS. 110 amended by No. 43/2021 s. 217(9), substituted by No. 48/2024 s. 16.\n\n","sortOrder":126},{"sectionNumber":"110","sectionType":"section","heading":"Notification of completion of approved project","content":"\t110 Notification of completion of approved project\n\n(1) On the completion of an approved project or a part of an approved project, the project authority for the project must give the Project Minister written notice—\n\n(a) advising of the completion of the approved project or the part of the approved project; and\n\n(b) specifying the project area or the part of the project area that relates to the approved project or the part of the approved project that has been completed.\n\n(2) On receiving a notice under subsection (1), the Project Minister must publish a notice in the Government Gazette—\n\n(a) containing the information referred to in subsection (1); and\n\n(b) describing any land reserved for a public purpose by or under this Act or any other Act for the purposes of the approved project or the part of the approved project that will not be reserved for a public purpose on the declaration taking effect.\n\nS. 111 amended by No. 48/2024 s. 17.\n\n","sortOrder":127},{"sectionNumber":"111","sectionType":"section","heading":"Effect of notification of completion of an approved project","content":"\t111 Effect of notification of completion of an approved project\n\nOn publication of a notice under section 110(2)—\n\nS. 111(a) inserted by No. 48/2024 s. 17.\n\n(a) the project authority ceases to have any project functions in respect of the approved project or the part of the approved project to which the notice relates; and\n\nS. 111(b) inserted by No. 48/2024 s. 17.\n\n(b) the project area or the part of the project area specified in the notice ceases—\n\n(i) to be a project area; or\n\n(ii) to form a part of the project area.\n\n","sortOrder":128},{"sectionNumber":"Part 6","sectionType":"part","heading":"Project delivery","content":"Part 6—Project delivery\n\nPt 6 Div. 1AA (Heading and ss 111A− 111D) inserted by No. 43/2021 s. 143.\n\nDivision 1AA—Dealing in land before designation of project area and with specified entities\n\nS. 111A inserted by No. 43/2021 s. 143.\n\n","sortOrder":129},{"sectionNumber":"111A","sectionType":"section","heading":"Definition","content":"\t111A Definition\n\nIn this Division—\n\n***specified entity*** means—\n\n(a) the Crown; or\n\n(b) a Minister; or\n\n(c) a Department Head within the meaning of the **Public Administration Act 2004**; or\n\n(d) a public authority; or\n\n(e) a Council; or\n\n(f) a transport body.\n\nS. 111B inserted by No. 43/2021 s. 143.\n\n","sortOrder":130},{"sectionNumber":"111B","sectionType":"section","heading":"Powers of project authority and project proponent to deal in land before designation of project area","content":"\t111B Powers of project authority and project proponent to deal in land before designation of project area\n\n(1) At any time before a declared project becomes an approved project, the project authority or project proponent for the declared project may—\n\n(a) acquire land by agreement for the purposes of the declared project or any purpose connected with the declared project; and\n\n(b) hold land for the purposes of the declared project or any purpose connected with the declared project; and\n\n(c) transfer or otherwise dispose of land.\n\n(2) An acquisition of land from, or a transfer of land to, a specified entity under this section may be for nominal consideration.\n\n(3) A right in the nature of an easement or purporting to be an easement may be transferred under this section only if there is some other land of the transferee that is capable of being benefitted by that right.\n\nSection 171A permits the transfer of certain easements in gross in certain circumstances.\n\nS. 111C inserted by No. 43/2021 s. 143.\n\n","sortOrder":131},{"sectionNumber":"111C","sectionType":"section","heading":"Powers of project authority to deal in land with specified entities after designation of project area","content":"\t111C Powers of project authority to deal in land with specified entities after designation of project area\n\n(1) The project authority for an approved project may, by agreement—\n\n(a) acquire land from a specified entity for the purposes of the approved project or any purpose connected with the approved project; and\n\n(b) transfer land to a specified entity—\n\n(i) for the purposes of the approved project or any purpose connected with the approved project; or\n\n(ii) if the land is no longer required for the purposes of the approved project.\n\nLand no longer required for the purposes of an approved project may also be dealt with under Subdivision 4 of Division 7.\n\n(2) An acquisition or transfer of land under this section may be for nominal consideration.\n\n(3) Land may be acquired or transferred under this section whether the land is in or outside the project area.\n\n(4) A right in the nature of an easement or purporting to be an easement may be transferred under this section only if there is some other land of the transferee that is capable of being benefitted by that right.\n\nSection 171A permits the transfer of certain easements in gross in certain circumstances.\n\nS. 111D inserted by No. 43/2021 s. 143.\n\n","sortOrder":132},{"sectionNumber":"111D","sectionType":"section","heading":"Land Acquisition and Compensation Act 1986 does not apply","content":"\t111D Land Acquisition and Compensation Act 1986 does not apply\n\n(1) Despite anything to the contrary in this Act or the **Land Acquisition and Compensation Act 1986**, a project authority is not required to comply with the **Land Acquisition and Compensation Act 1986** in relation to land proposed to be acquired under this Division, whether or not the project authority is empowered to compulsorily acquire that land under any special Act.\n\n***special Act*** has the same meaning as in the **Land Acquisition and Compensation Act 1986**.\n\n","sortOrder":133},{"sectionNumber":"Div 1","sectionType":"division","heading":"Acquisition of land in the project area","content":"Division 1—Acquisition of land in the project area\n\n","sortOrder":134},{"sectionNumber":"112","sectionType":"section","heading":"Powers of acquisition","content":"\t112 Powers of acquisition\n\nS. 112(1) amended by No. 43/2021 s. 144.\n\n(1) A project authority may acquire land in the project area by agreement or by a compulsory process for the purposes of an approved project or any purpose connected with the approved project.\n\n(2) This section does not apply to the compulsory acquisition of native title rights and interests.\n\nS. 113 amended by No. 43/2021 s. 145(1)(2) (ILA s. 39B(1)).\n\n","sortOrder":135},{"sectionNumber":"113","sectionType":"section","heading":"Application of Land Acquisition and Compensation Act 1986","content":"\t113 Application of Land Acquisition and Compensation Act 1986\n\n(1) Subject to Division 1AA, this Division and Division 6, the **Land Acquisition and** **Compensation Act 1986** applies to this Act and for that purpose—\n\n(a) the **Major Transport Projects Facilitation Act 2009** is the special Act; and\n\n(b) a project authority is the Authority.\n\nS. 113(2) inserted by No. 43/2021 s. 145(2).\n\n(2) Despite subsection (1), Division 5 of  \nPart 2 of the **Land Acquisition and Compensation Act 1986** does not apply in relation to the entry into possession of project land by a project authority.\n\nSee Division 5 of this Part in relation to entry into possession of project land.\n\nS. 113(3) inserted by No. 43/2021 s. 145(2).\n\n(3) Despite section 3(3) of the **Land Acquisition and Compensation Act 1986**, if a provision of this Act is inconsistent with a provision of that Act, the provision of this Act prevails to the extent of the inconsistency.\n\nS. 113A inserted by No. 43/2021 s. 146.\n\n","sortOrder":136},{"sectionNumber":"113A","sectionType":"section","heading":"Notice of acquisition","content":"\t113A Notice of acquisition\n\n(1) Despite section 21 of the **Land Acquisition and Compensation Act 1986**, a notice of acquisition for the acquisition of land by a project authority under section 112—\n\n(a) must be in the form approved by the Minister; and\n\nS. 113A(1)(b) amended by No. 48/2024 s. 19.\n\n(b) may contain an express declaration that—\n\nS. 113A (1)(b)(i) inserted by No. 48/2024 s. 19.\n\n(i) the land is to vest in the project authority; or\n\nS. 113A (1)(b)(ii) inserted by No. 48/2024 s. 19.\n\n(ii) if the interest in land is a right in the nature of an easement or purporting to be an easement, the interest in land is to be extinguished.\n\n(2) The Minister must cause a form approved under subsection (1)(a) to be published—\n\n(a) in the Government Gazette; and\n\n(b) on the Department's Internet site.\n\nS. 114 amended by Nos 93/2009 s. 43(8), 49/2013 s. 53(1), substituted by No. 43/2021 s. 147.\n\n","sortOrder":137},{"sectionNumber":"114","sectionType":"section","heading":"Vesting of acquired land","content":"\t114 Vesting of acquired land\n\n(1) If the notice of acquisition for land acquired by a project authority under section 112 contains an express declaration that the land is to vest in the project authority, the land vests in the project authority under section 24 of the **Land Acquisition and Compensation Act 1986**.\n\nS. 114(2) amended by No. 48/2024 s. 44(1).\n\n(2) If the notice of acquisition does not contain an express declaration that the land is to vest in the project authority, the land vests in the Crown under section 24 of the **Land Acquisition and Compensation Act 1986**, despite anything to the contrary in that Act, as if a reference in that section to the Authority were a reference to the Crown.\n\n(3) This section is subject to section 117.\n\n","sortOrder":138},{"sectionNumber":"115","sectionType":"section","heading":"Certain acquired land taken to be reserved","content":"\t115 Certain acquired land taken to be reserved\n\nS. 115(1) amended by Nos 93/2009 s. 43(9), 49/2013 s. 53(2), 43/2021 s. 148(1).\n\n(1) If a project authority acquires land and all alienated estates and interests in the land vest in the Crown under section 114, the land—\n\n(a) is taken to be unalienated land of the Crown; and\n\n(b) is taken 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 approved project.\n\nS. 115(2) amended by No. 43/2021 s. 148(2).\n\n(2) The reservation of land under subsection (1) may be amended, revoked and otherwise dealt with in accordance with the **Crown Land (Reserves) Act 1978** or any provision of this Act that provides for the reservation of Crown land to be amended, revoked or otherwise dealt with.\n\nS. 116 amended by No. 43/2021 s. 149.\n\n","sortOrder":139},{"sectionNumber":"116","sectionType":"section","heading":"Acquisition of easement—easement in gross","content":"\t116 Acquisition of easement—easement in gross\n\nIf a project authority acquires any right in the nature of an easement or purporting to be an easement under section 112 or Division 1AA, that right must be taken to be an easement even though there is no land vested in the project authority or the Crown that is benefited by or capable of being benefited by that right.\n\nS. 116A inserted by No. 48/2024 s. 20.\n\n","sortOrder":140},{"sectionNumber":"116A","sectionType":"section","heading":"Extinguishment of acquired easements","content":"\t116A Extinguishment of acquired easements\n\n(a) an interest in land described in a notice of acquisition is a right in the nature of an easement or purporting to be an easement; and\n\n(b) the interest in land described in the notice of acquisition existed immediately before the publication of the notice of acquisition; and\n\n(c) the notice of acquisition contains an express declaration that the interest in land described in the notice is to be extinguished.\n\n(2) Despite section 24 of the **Land Acquisition and Compensation Act 1986**—\n\n(a) the interest in land described in the notice of acquisition is extinguished immediately on publication of the notice in the Government Gazette; and\n\n(b) to the extent necessary to give effect to the extinguishment, any interest that a person has in that interest in land is divested or diminished.\n\nS. 117 substituted by No. 43/2021 s. 150.\n\n","sortOrder":141},{"sectionNumber":"117","sectionType":"section","heading":"Effect of extinguishment of utility easements","content":"\t117 Effect of extinguishment of utility easements\n\n(1) This section applies if an easement of a utility, or a right in the nature of an easement of a utility, is extinguished by or as a result of any action taken under section 112 or Division 4, 6 or 8.\n\n(2) The extinguishment of the easement or right does not remove—\n\n(a) a utility's ownership of any utility infrastructure; or\n\n(b) any right (other than an interest in real property) arising under any existing agreement between utilities in relation to utility infrastructure; or\n\n(c) any right (other than an interest in real property) conferred by an enactment on a utility in relation to utility infrastructure.\n\n(3) The extinguishment of the easement or right does not place a utility in breach of, or constitute a default or potential default under, any obligation, undertaking, warranty or covenant in any agreement, arrangement or understanding between the utility and a third party, including any provision prohibiting, restricting or regulating the assignment, transfer or disposal of any land.\n\n","sortOrder":142},{"sectionNumber":"118","sectionType":"section","heading":"Modification of Land Acquisition and Compensation Act 1986—general","content":"\t118 Modification of Land Acquisition and Compensation Act 1986—general\n\nS. 118(1) repealed by No. 43/2021 s. 151(1).\n\n(2) Land in a project area is taken to have been reserved under a planning instrument for a public purpose for the purposes of section 5 of the **Land Acquisition and Compensation Act 1986**.\n\n(3) Section 7(2) of the **Land Acquisition and Compensation Act 1986** applies to an acquisition under section 112 as if in that section for \"twelve months\" there were substituted \"3 months\".\n\n(4) Section 8(1) of the **Land Acquisition and Compensation Act 1986** applies to an acquisition under section 112 as if for paragraph (e) there were substituted—\n\n\"(e) state that the land is within a project area within the meaning of the **Major Transport Projects Facilitation Act 2009**;\".\n\nS. 118(5) substituted by No. 43/2021 s. 151(2).\n\n(5) Part 9 of the **Land Acquisition and Compensation Act 1986** does not apply in relation to an approved project.\n\n(6) Section 43 of the **Land Acquisition and Compensation Act 1986** applies to an acquisition under section 112 as if after section 43(1)(b) there were inserted—\n\n\"(ba) any special suitability or adaptability of the land in which the acquired interest subsists for a purpose for which it could be used under the **Major Transport Projects Facilitation Act 2009** for the purposes of an approved project within the meaning of that Act;\".\n\nS. 118(7) substituted by No. 43/2021 s. 151(3).\n\n(7) Section 109 of the **Land Acquisition and Compensation Act 1986** does not apply in relation to the disposal of any project land by the project authority.\n\nS. 119 repealed by No. 43/2021 s. 152.\n\nS. 120 amended by No. 49/2013 s. 54, repealed by No. 43/2021 s. 152.\n\nS. 120A inserted by No. 49/2013 s. 55.\n\n","sortOrder":143},{"sectionNumber":"120A","sectionType":"section","heading":"Planning compensation","content":"\t120A Planning compensation\n\n(1) Despite anything to the contrary in Part 5 of the **Planning and Environment Act 1987** or in a planning scheme or amendment under that Act, that Part applies as if—\n\n(a) land forming part of the project area had been reserved under a planning scheme for a public purpose, being the approved project; and\n\n(b) the project authority was liable to pay any compensation under that Part that arises from that deemed reservation and no other planning authority, responsible authority, Minister or public authority was liable to pay compensation in respect of the designated land under that Part.\n\nS. 120A(2) substituted by No. 43/2021 s. 153.\n\n(2) No entitlement to compensation can arise under Part 5 of the **Planning and Environment Act 1987** as applied by subsection (1) in relation to any land after it ceases to form part of the project area (whether by completion of the approved project or otherwise).\n\nS. 120A(3) inserted by No. 43/2021 s. 153.\n\n(3) If land ceases to form part of the project area (whether by completion of the approved project or otherwise), section 111 of the **Planning and Environment Act 1987** applies as if the planning scheme had been amended to remove the reservation referred to in subsection (1)(a).\n\nS. 121 repealed by No. 43/2021 s. 152.\n\nS. 122 amended by No. 43/2021 s. 154.\n\n","sortOrder":144},{"sectionNumber":"122","sectionType":"section","heading":"Modification of Land Acquisition and Compensation Act 1986—regulations","content":"\t122 Modification of Land Acquisition and Compensation Act 1986—regulations\n\nSubject to section 113A, the regulations in force from time to time under the **Land Acquisition and Compensation Act 1986** and the forms prescribed under those regulations apply in relation to the operation of this Division with such modifications as are necessary to give effect to this Division.\n\nS. 123 amended by No. 43/2021 s. 155.\n\n","sortOrder":145},{"sectionNumber":"123","sectionType":"section","heading":"Transfer of building or structure as compensation","content":"\t123 Transfer of building or structure as compensation\n\nWith the agreement of the person entitled to compensation under this Division for the acquisition of land, a project authority may transfer a building or structure from project land or from land owned by the project authority or by that person to other land owned by that person in full or in part settlement of any compensation that the project authority is liable to pay.\n\n","sortOrder":146},{"sectionNumber":"124","sectionType":"section","heading":"Adjoining land may be provided as compensation","content":"\t124 Adjoining land may be provided as compensation\n\n(1) If a project authority acquires compulsorily under this Division part of a parcel of land owned by a person, the project authority may require that person to take land—\n\n(a) that adjoins the part of that parcel that was not acquired; and\n\n(b) that is owned by the project authority or is surplus land.\n\n(2) The value of that adjoining land must be deducted from any amount to be paid by way of compensation to the owner of the land acquired compulsorily by the project authority.\n\n(3) If the project authority and the owner cannot agree as to the value of the adjoining land, the value must be settled in the same manner and at the same time as the compensation to be paid to that owner.\n\nDivision 2—Acquisition of native title rights and interests\n\n","sortOrder":147},{"sectionNumber":"125","sectionType":"section","heading":"Application of Division","content":"\t125 Application of Division\n\nThis Division applies in relation to an approved project if—\n\n(a) section 24KA of the Native Title Act does not apply to the approved project; and\n\n(b) the Project Minister makes an Order in respect of the approved project under section 126 requiring acquisition of any native title rights and interests.\n\n","sortOrder":148},{"sectionNumber":"126","sectionType":"section","heading":"Project Minister may order compulsory acquisition","content":"\t126 Project Minister may order compulsory acquisition\n\n(1) The Project Minister, by Order published in the Government Gazette, may determine that compulsory acquisition of native title rights and interests is necessary for the purposes of an approved project.\n\n(2) An Order under this section takes effect on the day that it is published in the Government Gazette.\n\nS. 126(3) inserted by No. 49/2013 s. 69(1).\n\n(3) An Order under this section is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\n","sortOrder":149},{"sectionNumber":"127","sectionType":"section","heading":"Compulsory acquisition of native title rights and interests","content":"\t127 Compulsory acquisition of native title rights and interests\n\n(1) A project authority may acquire a native title right or interest in land in the project area by a compulsory process for the purposes of an approved project or any purpose connected with an approved project.\n\n(2) Subject to this Division, the **Land Acquisition and Compensation Act 1986** applies to a compulsory acquisition referred to in subsection (1) and for that purpose—\n\n(a) the **Major Transport Projects Facilitation Act 2009** is the special Act; and\n\n(b) the project authority is the Authority.\n\nS. 127(3) repealed by No. 43/2021 s. 156.\n\n","sortOrder":150},{"sectionNumber":"128","sectionType":"section","heading":"Acquired right or interest to vest in Crown","content":"\t128 Acquired right or interest to vest in Crown\n\nAny right or interest in land acquired by the project authority under section 127 vests in the Crown under section 24 of the **Land Acquisition and Compensation Act 1986** despite anything to the contrary in that Act.\n\n","sortOrder":151},{"sectionNumber":"129","sectionType":"section","heading":"Procedure for acquisition","content":"\t129 Procedure for acquisition\n\n(1) For the purposes of the compulsory acquisition of native title rights and interests in land, a project authority is authorised to comply with any relevant procedure under the Native Title Act for a valid acquisition of those rights and interests.\n\n(2) If the procedure under section 24MD(6B) of the Native Title Act applies and an objection is not made under paragraph (d) of that subsection within 2 months after notice is given under that subsection, the project authority may compulsorily acquire the native title rights and interests.\n\n(3) For the purposes of the application of the procedure under section 24MD(6B) of the Native Title Act in relation to the compulsory acquisition, VCAT is the independent body for hearing an objection under section 24MD(6B)(f) and sections 130 and 131 apply.\n\n(4) If an objection is made under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition of native title rights and interests, the project authority may compulsorily acquire the native title rights and interests in the land if—\n\n(a) all those objections have been withdrawn; or\n\n(b) within 5 months after notification under section 24MD(6B) of the Native Title Act of a proposed compulsory acquisition a request has not been made for the objection to be referred to VCAT.\n\n(5) If an objection made under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition is referred to VCAT and a determination is made that the proposed compulsory acquisition proceed, the project authority, in accordance with the determination and subject to this Act, may compulsorily acquire the native title rights and interests.\n\n(6) If VCAT makes a determination that the proposed compulsory acquisition not proceed, or proceed subject to conditions, the project authority must comply with that determination except as permitted by subparagraphs (i), (ii) and (iii) of section 24MD(6B)(g) of the Native Title Act.\n\n","sortOrder":152},{"sectionNumber":"130","sectionType":"section","heading":"Referral of objections to VCAT","content":"\t130 Referral of objections to VCAT\n\n(1) A person or body that makes an objection under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition of native title rights and interests may request the project authority to refer the objection to VCAT.\n\n(2) A request under subsection (1) must be made within 5 months after notification under section 24MD(6B) of the Native Title Act of the proposed compulsory acquisition.\n\n(3) If a request is made, the project authority must refer the objection to VCAT unless the project authority decides not to proceed with the compulsory acquisition.\n\n(4) The project authority is a party to a proceeding in VCAT in respect of an objection.\n\n","sortOrder":153},{"sectionNumber":"131","sectionType":"section","heading":"Determination of VCAT on objection","content":"\t131 Determination of VCAT on objection\n\n(1) VCAT may make any of the following determinations in respect of an objection referred to it under section 130—\n\n(a) a determination that the proposed compulsory acquisition that is the subject of the objection proceed;\n\n(b) a determination that the proposed compulsory acquisition proceed subject to conditions;\n\n(c) a determination that the proposed compulsory acquisition not proceed.\n\n(2) In making a determination, VCAT must take into account—\n\n(a) the likely impact of the proposed compulsory acquisition on the objector's registered native title rights and interests; and\n\n(b) the measures proposed to be taken to minimise that impact.\n\n(3) To avoid doubt, a determination is not an order of VCAT for the purposes of the **Victorian Civil and Administrative Tribunal Act 1998**.\n\nCompare section 79 of the Native Title Act.\n\n","sortOrder":154},{"sectionNumber":"132","sectionType":"section","heading":"Disputed claims for compensation—native title land","content":"\t132 Disputed claims for compensation—native title land\n\nIf the compensation payable to a person in respect of the compulsory acquisition of native title rights and interests in land to which this Division applies does not amount to compensation on just terms, the person is entitled to such additional compensation as is necessary to ensure that compensation is paid on just terms.\n\nDivision 3—Acquisition of land outside the project area\n\n","sortOrder":155},{"sectionNumber":"133","sectionType":"section","heading":"Power of project authority to purchase land","content":"\t133 Power of project authority to purchase land\n\nS. 133(1) amended by No. 43/2021 s. 157(a).\n\n(1) A project authority may purchase land outside the project area for the purposes of an approved project or any purpose connected with an approved project.\n\n(2) A project authority may purchase land outside the project area for the purpose of preservation, restoration or provision of native habitat.\n\nS. 133(3) amended by No. 43/2021 s. 157(b).\n\n(3) A project authority may purchase the whole of a parcel of land even if only part of the land is required for a purpose referred to in subsection (1) or (2).\n\nS. 133(4) amended by No. 43/2021 s. 157(b).\n\n(4) If a project authority acquires part of a parcel of land under section 112, it may purchase the rest of the parcel of land under this Division even if the rest of the parcel is not required for a purpose referred to in subsection (1) or (2).\n\nS. 133(5) amended by No. 43/2021 s. 157(b).\n\n(5) If an Order has been published under section 134 requiring a public authority to surrender land to the Crown or divesting land from a public authority, and at the time the public authority acquired the land it did not acquire the whole of the parcel of which the land formed part, the project authority may purchase the rest of the parcel of land under this Division even if the rest of the parcel is not required for a purpose referred to in subsection (1) or (2).\n\n","sortOrder":156},{"sectionNumber":"Div 4","sectionType":"division","heading":"Provision of public land and Council land","content":"Division 4—Provision of public land and Council land\n\nPt 6 Div. 4 Subdiv. 1 (Heading) amended by No. 43/2021 s. 158.\n\n","sortOrder":157},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Surrender, divesting or acquisition of public land and Council land","content":"Subdivision 1—Surrender, divesting or acquisition of public land and Council land\n\nS. 134 (Heading) substituted by No. 43/2021 s. 159(1).\n\n","sortOrder":158},{"sectionNumber":"134","sectionType":"section","heading":"Order for surrender, divesting or acquisition of land of public authorities and Councils","content":"\t134 Order for surrender, divesting or acquisition of land of public authorities and Councils\n\n(1) The Governor in Council on the recommendation of the Project Minister, by Order published in the Government Gazette, may—\n\n(a) require a public authority or Council in which land in the project area is vested to surrender that land to the Crown; or\n\nS. 134(1)(b) amended by No. 43/2021 s. 159(2)(a).\n\n(b) divest land in the project area from a public authority or Council; or\n\nS. 134(1)(c) inserted by No. 43/2021 s. 159(2)(b).\n\n(c) provide for the acquisition by the Crown or the project authority of an interest in land from land in the project area that is vested in a public authority or Council.\n\n(2) Subsection (1) applies whether or not that land was vested in the public authority or Council by or under an Act or by any other means.\n\n(3) Subsection (1) does not apply to land that is reserved under the **Crown Land (Reserves) Act 1978**.\n\nS. 134(3A) inserted by No. 43/2021 s. 159(3).\n\n(3A) An interest referred to in subsection (1)(c)—\n\n(a) may be an interest that did not previously exist as such; and\n\n(b) may consist of a right in the nature of an easement, or purporting to be an easement, even though there is no land vested or to be vested in the Crown or the project authority that is benefitted by or capable of being benefitted by that right.\n\nS. 134(3B) inserted by No. 43/2021 s. 159(3).\n\n(3B) An Order under subsection (1)(b) may specify that the land divested is to vest in the project authority.\n\nS. 134(3C) inserted by No. 43/2021 s. 159(3).\n\n(3C) An Order under subsection (1)(c)—\n\n(a) must specify the interest to be acquired; and\n\n(b) may specify that the interest is to be acquired by the project authority.\n\n(4) A public authority or Council must comply with a requirement under subsection (1)(a).\n\nS. 134(5) amended by Nos 49/2013 s. 56, 43/2021 s. 159(4).\n\n(5) A public authority or Council that receives notice of a requirement under subsection (1)(a) must give the Project Minister and the project authority written notice of any lease, licence or other interest in the land that is being divested.\n\nS. 134(6) amended by No. 43/2021 s. 159(5).\n\n(6) The Project Minister must give written notice to any public authority, Council or person affected by an Order under subsection (1) within 10 business days after the Order is published.\n\nS. 134(7) inserted by No. 49/2013 s. 69(2).\n\n(7) An Order under subsection (1) is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\n","sortOrder":159},{"sectionNumber":"135","sectionType":"section","heading":"Surrender of interests in unreserved Crown land","content":"\t135 Surrender of interests in unreserved Crown land\n\nS. 135(1) amended by No. 43/2021 s. 160.\n\n(1) The Project Minister may recommend to the Governor in Council that the interests (if any) of a public authority or a Council in Crown land in the project area be surrendered to the Crown on—\n\n(b) being satisfied that the land shown on the plan represents land, the interests in which are to be surrendered to the Crown.\n\n(2) Subsection (1) does not apply to land that is reserved under the **Crown Land (Reserves) Act 1978**.\n\n(3) On receiving the Project Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may declare that the interests (if any) in the land shown on the plan are surrendered to the Crown.\n\nS. 135(4) inserted by No. 49/2013 s. 69(3).\n\n(4) An Order under subsection (3) is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\nS. 136 (Heading) amended by No. 43/2021 s. 161(1).\n\n","sortOrder":160},{"sectionNumber":"136","sectionType":"section","heading":"Effect of surrender or divesting to, or acquisition by, the Crown","content":"\t136 Effect of surrender or divesting to, or acquisition by, the Crown\n\n(1) This section applies to land on—\n\n(a) the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of the land that a public authority or Council is required to surrender under section 134(1)(a); or\n\nS. 136(1)(b) amended by No. 43/2021 s. 161(2)(a).\n\n(b) the publication in the Government Gazette of an Order under section 134(1)(b) in respect of the land if the Order does not specify that the land is to vest in the project authority; or\n\nS. 136(1)(ba) inserted by No. 43/2021 s. 161(2)(b).\n\n(ba) the publication in the Government Gazette of an Order under section 134(1)(c) if the Order does not specify that the interest in the land is to be acquired by the project authority; or\n\nS. 136(1)(c) amended by No. 43/2021 s. 161(2)(c).\n\n(c) the publication in the Government Gazette of an Order under section 135 in respect of the land.\n\nS. 136(1)(d) repealed by No. 43/2021 s. 161(2)(d).\n\nS. 136(2) substituted by No. 43/2021 s. 161(3).\n\n(2) On the conveyance or publication of the Order—\n\n(a) the land is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) except in the case of an Order under section 134(1)(c), the land is taken to be unalienated land of the Crown; and\n\n(c) in the case of an Order under section 134(1)(c), the interest specified in the Order vests in the Crown; and\n\n(d) any interest that a person has in the land is divested or diminished to the extent necessary to give effect to this subsection.\n\nS. 136(3) amended by No. 43/2021 s. 161(4).\n\n(3) Unless the relevant Order under section 134 or 135 expressly excludes the operation of this subsection or the relevant Order is an Order under section 134(1)(c), if any part of the land is or is being used as a road—\n\n(b) 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 grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.\n\nS. 136(4) amended by No. 43/2021 s. 161(4).\n\n(4) Unless the relevant Order under section 134 or 135 expressly excludes the operation of this subsection or the relevant Order is an Order under section 134(1)(c), if any part of the land is the bed, soil 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 grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.\n\nS. 136(5) amended by Nos 49/2013 s. 57(1), 43/2021 s. 161(4).\n\n(5) Unless the relevant Order under section 134 or 135 expressly excludes the operation of this subsection or the relevant Order is an Order under section 134(1)(c), the land is taken 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 approved project.\n\nS. 136(5A) inserted by No. 49/2013 s. 57(2), amended by No. 43/2021 s. 161(5).\n\n(5A) An Order under section 134(1)(a) or (b) may exclude the operation of subsection (5) only if the land was held by the public authority or Council in fee simple before it was surrendered or divested.\n\nS. 136(6) amended by No. 43/2021 s. 161(6).\n\n(6) This section has effect despite anything to the contrary in section 175A of the **Water Industry Act 1994**, section 10 of, or clause 1 of Schedule 5 to, the **Road Management Act 2004** or any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\nS. 136A inserted by No. 43/2021 s. 162.\n\n","sortOrder":161},{"sectionNumber":"136A","sectionType":"section","heading":"Effect of divesting to or acquisition by project authority","content":"\t136A Effect of divesting to or acquisition by project authority\n\n(1) This section applies on the publication in the Government Gazette of—\n\n(a) an Order under section 134(1)(b) that specifies that land is to vest in the project authority; or\n\n(b) an Order under section 134(1)(c) that specifies that an interest in land is to be acquired by the project authority.\n\n(2) On the publication of the Order—\n\n(a) the land or interest in land vests in the project authority freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) any interest that a person has in the land is divested or diminished to the extent necessary to give effect to this subsection.\n\n(3) If the Order divests an estate in fee simple in the land—\n\n(a) unless the Order expressly excludes the operation of this paragraph, if any part of the land is or is being used as a road—\n\n(i) that part of the land ceases to be a road; and\n\n(ii) 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 grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and\n\n(b) unless the Order expressly excludes the operation of this paragraph, if any part of the land is the bed, soil 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 grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.\n\n(4) This section has effect despite anything to the contrary in section 175A of the **Water Industry Act 1994**, section 10 of, or clause 1 of Schedule 5 to, the **Road Management Act 2004** or any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\nS. 137 amended by No. 43/2021 s. 163.\n\n","sortOrder":162},{"sectionNumber":"137","sectionType":"section","heading":"Temporary reservation may be amended or revoked","content":"\t137 Temporary reservation may be amended or revoked\n\nThe reservation of land under section 136(5) may be amended, revoked and otherwise dealt with in accordance with the **Crown Land (Reserves) Act 1978** or any provision of this Act that provides for the reservation of Crown land to be amended, revoked or otherwise dealt with.\n\nS. 137A inserted by No. 49/2013 s. 58, repealed by No. 43/2021 s. 164.\n\nS. 137B inserted by No. 49/2013 s. 58.\n\n","sortOrder":163},{"sectionNumber":"137B","sectionType":"section","heading":"Surrender of land by project authority","content":"\t137B Surrender of land by project authority\n\nS. 137B(1) substituted by No. 43/2021 s. 165(1).\n\n(1) The project authority may request the consent of the Project Minister to the surrender to the Crown, for the purposes of the approved project or a purpose connected with the approved project, of any land held in fee simple by the project authority.\n\n(2) The Project Minister must refer a request for consent and any associated documents to the Minister administering section 22A of the **Land Act 1958** for consideration.\n\n(3) The Project Minister may grant the consent at the end of the period of 15 business days after the referral of the request under subsection (2) unless, within that period, the Minister administering section 22A of the **Land Act 1958** has advised the Project Minister that the surrender would impose an unreasonable financial burden on the Crown.\n\nS. 137B(4) substituted by No. 43/2021 s. 165(2).\n\n(4) If the Project Minister consents to the surrender of the land, section 22A(1)(a) and (4)(a) of the **Land Act 1958** applies to the surrender as if—\n\n(a) the consent of the Project Minister were the consent of the Governor in Council under section 22A(1); and\n\n(b) a reference to the Governor in Council were a reference to the Project Minister; and\n\n(c) a reference to an authority were a reference to the project authority.\n\nSubdivision 2—Removal of reservations on land\n\nS. 138 (Heading) amended by No. 48/2024 s. 40(1).\n\nS. 138 amended by No. 48/2024 ss 40(2), 44(2).\n\n","sortOrder":164},{"sectionNumber":"138","sectionType":"section","heading":"Land Acts and other Acts (other than Charter of Human Rights and Responsibilities Act 2006) not to apply","content":"\t138 Land Acts and other Acts (other than Charter of Human Rights and Responsibilities Act 2006) not to apply\n\nThis Subdivision has effect despite anything to the contrary in the **Crown Land (Reserves) Act 1978**, the **Land Act 1958** or any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\n","sortOrder":165},{"sectionNumber":"139","sectionType":"section","heading":"Revocation of reservations—entire reservation","content":"\t139 Revocation of reservations—entire reservation\n\n(1) If any Crown land permanently or temporarily reserved under the **Crown Land (Reserves) Act 1978** is entirely within the project area, the Project Minister may recommend to the Governor in Council that the reservation of that land be revoked in its entirety.\n\nS. 139(2) amended by No. 43/2021 s. 166(1).\n\n(2) On receiving the Project Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may revoke the reservation including, as necessary, the following—\n\n(b) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land.\n\nS. 139(3) inserted by No. 49/2013 s. 69(4).\n\n(3) An Order under subsection (2) is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\nS. 139(4) inserted by No. 43/2021 s. 166(2).\n\n(4) An Order under subsection (2) may be contained in the same instrument as a Crown grant under section 142B.\n\n","sortOrder":166},{"sectionNumber":"140","sectionType":"section","heading":"Revocation of reservations—part of reservation","content":"\t140 Revocation of reservations—part of reservation\n\n(1) If any Crown land permanently or temporarily reserved under the **Crown Land (Reserves) Act 1978** is within the project area, and if only part of the reservation of that land is to be revoked, the Project Minister on—\n\n(b) being satisfied that the land shown on the plan represents that part of the reservation to be revoked—\n\nmay recommend to the Governor in Council that that part of the reservation be revoked.\n\nS. 140(2) amended by No. 43/2021 s. 167(1).\n\n(2) On receiving the Project Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may revoke the reservation including, as necessary, the following—\n\n(b) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land—\n\nto the extent that the revocation of the reservation, Order in Council, Crown grant, certificate of title or folio relates to the land shown on the plan.\n\nS. 140(3) inserted by No. 49/2013 s. 69(5).\n\n(3) An Order under subsection (2) is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\nS. 140(4) inserted by No. 43/2021 s. 167(2).\n\n(4) An Order under subsection (2) may be contained in the same instrument as a Crown grant under section 142B.\n\n","sortOrder":167},{"sectionNumber":"141","sectionType":"section","heading":"Effect of revocation of reservation","content":"\t141 Effect of revocation of reservation\n\n(1) This section applies to the following—\n\n(a) land referred to in an Order under section 139, on the publication of that Order in the Government Gazette;\n\n(b) land shown on a plan to which an Order under section 140 applies, on the publication of that Order in the Government Gazette.\n\nS. 141(2) amended by No. 43/2021 s. 168(1).\n\n(2) The land is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.\n\n(3) Unless the relevant Order under section 139 or 140 expressly excludes the operation of this subsection, if any part of the land is or is being used as a road—\n\n(b) 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 grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.\n\n(4) Unless the relevant Order under section 139 or 140 expressly excludes the operation of this subsection, if any part of the land is the bed, soil 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 grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.\n\n(5) The appointment of any committee of management is revoked in so far as it applies to the land.\n\n(6) Any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** are revoked in so far as they apply to the land.\n\nS. 141(7) substituted by No. 43/2021 s. 168(2).\n\n(7) The land is taken 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 approved project, unless—\n\n(a) before the reservation was revoked, the land was reserved for the purposes of the approved project; or\n\n(b) the relevant Order under section 139 or 140 is contained in the same instrument as a grant of the land under section 142B.\n\nS. 141(8) amended by No. 43/2021 s. 168(3).\n\n(8) This section has effect despite anything to the contrary in section 175A of the **Water Industry Act 1994**, section 10 of, or clause 1 of Schedule 5 to, the **Road Management Act 2004** or any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\nS. 142 amended by No. 43/2021 s. 169.\n\n","sortOrder":168},{"sectionNumber":"142","sectionType":"section","heading":"Temporary reservation may be amended or revoked","content":"\t142 Temporary reservation may be amended or revoked\n\nThe reservation of land under section 141(7) may be amended, revoked and otherwise dealt with in accordance with the **Crown Land (Reserves) Act 1978** or any provision of this Act that provides for the reservation of Crown land to be amended, revoked or otherwise dealt with.\n\nPt 6 Div. 4 Subdiv. 2A (Heading) substituted by No. 43/2021 s. 170.\n\nPt 6 Div. 4 Subdiv. 2A (Heading and s. 142A) inserted by No. 49/2013 s. 59.\n\n","sortOrder":169},{"sectionNumber":"Subdiv 2A","sectionType":"subdivision","heading":"Other ways of making Crown land available for approved project","content":"Subdivision 2A—Other ways of making Crown land available for approved project\n\nS. 142A inserted by No. 49/2013 s. 59.\n\n","sortOrder":170},{"sectionNumber":"142A","sectionType":"section","heading":"Other Crown land to be designated for approved project","content":"\t142A Other Crown land to be designated for approved project\n\n(1) The Project Minister may recommend to the Governor in Council that certain Crown land in the project area be designated for the purposes of an approved project.\n\n(2) Subsection (1) does not apply to land that is reserved under the **Crown Land (Reserves) Act 1978**.\n\n(3) On receiving the Project Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may designate the Crown land for the purposes of the approved project.\n\n(4) Land that is designated under subsection (3) is taken 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 approved project.\n\nS. 142A(5) amended by No. 43/2021 s. 171(1).\n\n(5) The reservation of land under subsection (4) may be amended, revoked or otherwise dealt with in accordance with the **Crown Land (Reserves) Act 1978** or any provision of this Act that provides for the reservation of Crown land to be amended, revoked or otherwise dealt with.\n\n(6) An Order made under subsection (3) is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\nS. 142A(7) inserted by No. 43/2021 s. 171(2).\n\n(7) On publication of an Order designating land under subsection (3), the land is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests, unless the Order expressly provides otherwise.\n\nS. 142A(8) inserted by No. 43/2021 s. 171(2).\n\n(8) Unless the Order under subsection (3) expressly excludes the operation of this subsection, if any part of the land is or is being used as a road—\n\n(b) 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 grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.\n\nS. 142A(9) inserted by No. 43/2021 s. 171(2).\n\n(9) Unless the Order under subsection (3) expressly excludes the operation of this subsection, if any part of the land is the bed, soil 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 grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.\n\nS. 142A(10) inserted by No. 43/2021 s. 171(2).\n\n(10) This section has effect despite anything to the contrary in section 175A of the **Water Industry Act 1994**, section 10 of, or clause 1 of Schedule 5 to, the **Road Management Act 2004** or any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\nS. 142B inserted by No. 43/2021 s. 172.\n\n","sortOrder":171},{"sectionNumber":"142B","sectionType":"section","heading":"Grant of Crown land to project authority","content":"\t142B Grant of Crown land to project authority\n\n(1) The Governor in Council, on behalf of the Crown, may grant to a project authority for the purposes of an approved project any Crown land in the project area for an estate in fee simple.\n\n(2) A grant of land under this section may be contained in the same instrument as an Order under section 139 or 140.\n\n(3) Land that is reserved under the **Crown Land (Reserves) Act 1978** cannot be granted under this section unless the grant is contained in the same instrument as an Order under section 139 or 140 revoking the reservation.\n\n(4) If the grant is contained in the same instrument as an Order under section 139 or 140, the land is taken to have been granted to the project authority immediately after the publication of the Order.\n\n(5) A grant of land under this section must be made on the recommendation of the Project Minister after consulting the Minister administering section 12 of the **Land Act 1958**.\n\n(6) The grant may contain any terms, covenants, conditions or limitations that the Governor in Council determines.\n\n(7) Land may be granted to a project authority with or without consideration being given by the project authority.\n\n(8) Sections 339, 339A, 339B and 340 of the **Land Act 1958** apply to a grant of land under this section as if it were a grant of land in fee simple under that Act.\n\nSubdivision 3—Notification of reservations\n\nS. 143 amended by Nos 49/2013 s. 60, 43/2021 s. 217(10).\n\n","sortOrder":172},{"sectionNumber":"143","sectionType":"section","heading":"Minister to be notified of reservation","content":"\t143 Minister to be notified of reservation\n\nThe project authority must give the Minister administering the **Crown Land (Reserves) Act 1978** written notice of the reservation of any land under Subdivision 1, 2 or 2A or Division 6.\n\nSubdivision 4—Declaration of roads\n\n","sortOrder":173},{"sectionNumber":"144","sectionType":"section","heading":"Orders may continue or declare roads","content":"\t144 Orders may continue or declare roads\n\n(1) An Order made under Subdivision 1 or Subdivision 2 may specify that any part of the land (that is the subject of the Order) that was a freeway, an arterial road, a non-arterial State road or a municipal road before the publication of the Order continues to be a freeway, an arterial road, a non-arterial State road or a municipal road.\n\n(2) Any land that is specified in an Order in accordance with subsection (1) continues to be a freeway, an arterial road, a non-arterial State road or a municipal road as specified in the Order.\n\n(3) The Governor in Council, by Order published in the Government Gazette, may specify that any project land that was a freeway, an arterial road, a non-arterial State road or a municipal road immediately before it became reserved project land is to be taken to be a freeway, an arterial road, a non-arterial State road or a municipal road.\n\n(4) Any land that is specified in an Order in accordance with subsection (3) is, from the date of publication of the Order, taken to be declared under section 14 of the **Road Management Act 2004** as a freeway, an arterial road, a non-arterial State road or a municipal road as specified in the Order.\n\nS. 144(4A) inserted by No. 49/2013 s. 69(6).\n\n(4A) An Order made under subsection (3) is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\n(5) To avoid doubt, it is declared that this section has effect in addition to and not in derogation of the reservation of the land that is taken to be in effect under this Division.\n\nS. 144(6) amended by No. 43/2021 s. 173.\n\n(6) This section has effect despite anything to the contrary in any other Act (other than the **Charter of Human Rights** **and Responsibilities Act 2006**).\n\n\tSubdivision 5—Compensation for surrendered or divested or reserved land\n\nS. 145 (Heading) substituted by No. 43/2021 s. 174(1).\n\n","sortOrder":174},{"sectionNumber":"145","sectionType":"section","heading":"Compensation—general","content":"\t145 Compensation—general\n\nS. 145(1) amended by No. 43/2021 s. 174(2)(a).\n\n(1) Subject to this Act and the **Land Acquisition and Compensation Act 1986**, a person has a claim for compensation if the person immediately before the publication of an Order under Subdivision 1, 2 or 2A had a legal or equitable estate or interest in land to which the Order applies.\n\nS. 145(2) amended by No. 43/2021 s. 174(2)(a).\n\n(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 publication of an Order under Subdivision 1, 2 or 2A were a notice of acquisition of that estate or interest and the project authority had acquired that estate or interest.\n\n(3) Section 43 of the **Land Acquisition and Compensation Act 1986** applies to the determination of compensation under this section as if after section 43(1)(b) there were inserted—\n\n\"(ba) any special suitability or adaptability of the land in which the acquired interest subsists for a purpose for which it could be used under the **Major Transport Projects Facilitation Act 2009** for the purposes of an approved project within the meaning of that Act;\".\n\n(4) This section does not apply to—\n\n(a) an estate or interest held by a public authority; or\n\nS. 145(4)(b) amended by No. 43/2021 s. 174(2)(b).\n\n(b) an estate or interest (other than an estate in fee simple) held by a Council.\n\n","sortOrder":175},{"sectionNumber":"146","sectionType":"section","heading":"Compensation for Councils in certain circumstances","content":"\t146 Compensation for Councils in certain circumstances\n\nS. 146(1) amended by No. 43/2021 s. 175.\n\n(1) This section applies to land that was under the control of a Council immediately before the publication of an Order under Subdivision 1, 2 or 2A in relation to that land.\n\n(2) If the Council has—\n\nas a direct, natural and reasonable consequence of the Order, the Council may claim the amount of that loss or expense from the project authority.\n\n(3) For the purposes of subsection (2), the value of the land must not be taken into account when calculating the loss sustained or expense incurred by the Council.\n\n(4) A claim under subsection (2) must be made within 2 years after the Order is made.\n\n(5) Section 48 and Parts 10 and 11 of the **Land Acquisition and Compensation Act 1986** apply to a claim under subsection (2) as if it were a claim under section 47(1) of that Act.\n\n","sortOrder":176},{"sectionNumber":"147","sectionType":"section","heading":"Transfer of building or structure as compensation","content":"\t147 Transfer of building or structure as compensation\n\nWith the agreement of a Council entitled to compensation under this Subdivision, a project authority may transfer a building or structure from project land or from land owned by the project authority or by the Council to other land owned by the Council in full or in part settlement of any compensation that the project authority is liable to pay.\n\n","sortOrder":177},{"sectionNumber":"148","sectionType":"section","heading":"Adjoining land may be provided as compensation","content":"\t148 Adjoining land may be provided as compensation\n\n(1) If a project authority is liable to pay compensation to a Council under section 146, the project authority may require the Council to take land—\n\n(a) that adjoins land owned by the Council; and\n\n(b) that is owned by the project authority or is surplus land.\n\n(2) The value of that land must be deducted from any amount to be paid by way of compensation to the Council by a project authority under section 146.\n\n(3) If a project authority and the Council cannot agree on the value of the adjoining land, the value must be settled in the same manner and at the same time as the compensation to be paid to the Council under section 146.\n\nSubdivision 6—Other matters\n\n","sortOrder":178},{"sectionNumber":"149","sectionType":"section","heading":"No other compensation payable","content":"\t149 No other compensation payable\n\nExcept as provided in this Division, no compensation is payable by the Crown or a project authority in respect of anything done or arising out of this Division.\n\nS. 150 repealed by No. 43/2021 s. 176.\n\n","sortOrder":179},{"sectionNumber":"Div 5","sectionType":"division","heading":"Entry into possession of certain project land","content":"Division 5—Entry into possession of certain project land\n\nS. 150A inserted by No. 48/2024 s. 21.\n\n","sortOrder":180},{"sectionNumber":"150A","sectionType":"section","heading":"Application of Division","content":"\t150A Application of Division\n\nThis Division does not apply to project land that has been acquired after the exercise of powers under section 165P in relation to that land.\n\nSection 165P provides for the entry, occupation and use of land within the project area for the construction of permanent infrastructure before the land has been acquired under section 112. Section 165ZA provides that the project authority is taken to be in possession of the land following its acquisition.\n\nS. 151 amended by No. 43/2021 s. 177.\n\n","sortOrder":181},{"sectionNumber":"151","sectionType":"section","heading":"Power to enter into possession","content":"\t151 Power to enter into possession\n\nSubject to this Division, a project authority may enter into possession of project land.\n\nS. 152 amended by No. 43/2021 s. 178 (ILA s. 39B(1)).\n\n","sortOrder":182},{"sectionNumber":"152","sectionType":"section","heading":"Project authority must try to obtain agreement","content":"\t152 Project authority must try to obtain agreement\n\n(1) A project authority must diligently endeavour to obtain agreement with the person in occupation of project land (the ***occupier***) as to the terms on which the project authority will enter into possession of the land.\n\nS. 152(2) inserted by No. 43/2021 s. 178.\n\n(2) Subsection (1) does not apply in relation to the entry into possession of underground land only.\n\nS. 153 amended by No. 43/2021 s. 217(11).\n\n","sortOrder":183},{"sectionNumber":"153","sectionType":"section","heading":"Time for entry into possession—general","content":"\t153 Time for entry into possession—general\n\nIf, at the reservation date, project land is not used by any person as the principal place of residence or business of that person, the project authority may enter into possession of the land at any time after the reservation date after giving 7 days' written notice of its intention to enter into possession to the occupier of the land.\n\n","sortOrder":184},{"sectionNumber":"154","sectionType":"section","heading":"Time for entry into possession—residence or business","content":"\t154 Time for entry into possession—residence or business\n\nS. 154(1) amended by No. 43/2021 s. 217(11).\n\n(1) Subject to this Division, if project land or part of project land is used, at the reservation date, by a person as the principal place of residence or business of that person, the project authority must not enter into possession of—\n\n(a) the part of the land so used; or\n\n(b) if the whole of the land is so used, that land—\n\nbefore the end of 3 months after the reservation date and unless the project authority has given 7 days' written notice of its intention to enter into possession to the occupier of the land.\n\n(2) The occupier is not liable for the payment of rent in respect of the occupation of that part of the project land that is used as the principal place of residence or business of the occupier during the 3 month period referred to in subsection (1).\n\n(3) If the occupier ceases of the occupier's own accord to occupy the project land before the end of the 3 month period referred to in subsection (1), the entitlement of that person under this Division to occupy the land without payment of rent to the project authority also ceases.\n\n(4) If the occupier was in occupation of the land immediately before the reservation date—\n\n(a) in accordance with section 26(2) of the **Land Acquisition and Compensation Act 1986** or an agreement under section 26(6) of that Act; or\n\n(b) in accordance with section 20E(2) of the **Project Development and Construction Management Act 1994** or an agreement under section 20E(6) of that Act—\n\nthis Division applies as if the 3 month period referred to in subsection (1) were the remainder of the period of occupation permitted under the relevant provision or agreement specified in paragraph (a) or (b) of this subsection.\n\nS. 154(5) amended by No. 43/2021 s. 217(11).\n\n(5) If the occupier was in occupation of the land before the reservation date—\n\n(a) in accordance with section 26(2) of the **Land Acquisition and Compensation Act 1986** or an agreement under section 26(6) of that Act; or\n\n(b) in accordance with section 20E(2) of the **Project Development and Construction Management Act 1994** or an agreement under section 20E(6) of that Act—\n\nand the period of occupation permitted under the relevant provision or agreement specified in paragraph (a) or (b) had ended before the reservation date, the project authority may enter into possession of the land at any time after the reservation date after giving 7 days' written notice of its intention to enter into possession to the occupier of the land.\n\n","sortOrder":185},{"sectionNumber":"155","sectionType":"section","heading":"Early entry of place of residence or business","content":"\t155 Early entry of place of residence or business\n\n(1) Section 154 does not apply if—\n\n(a) the Governor in Council certifies that having regard to—\n\n(i) the urgency of the case or any other exceptional circumstances; and\n\n(ii) the public interest—\n\nit is not practicable for the project authority to delay entry into possession of the project land until after the end of the 3 month period referred to in section 154(1); or\n\n(b) the project authority and the occupier have, with the consent of the Project Minister, entered into an agreement in relation to the time of entry into possession of the project land by the project authority; or\n\nS. 155(1)(c) substituted by No. 43/2021 s. 179.\n\n(c) the land is underground land that is declared under section 162.\n\n(2) A certificate under subsection (1)(a) must specify the date on which the project authority is to take possession.\n\n(3) The project authority must serve a copy of the certificate under subsection (1)(a) on the occupier.\n\n(4) The occupier whose period of occupation of the project land was abridged under subsection (1)(a) is entitled to claim compensation under Division  1  for any loss or damage that is incurred as a direct, natural and reasonable consequence of that abridgment and for which the person could not otherwise make a claim under that Division.\n\n(5) The compensation payable pursuant to subsection (4) may be paid to—\n\n(a) the person who is entitled to claim the compensation; or\n\n(b) the constituted attorney of that person.\n\nS. 155A inserted by No. 43/2021 s. 180.\n\n","sortOrder":186},{"sectionNumber":"155A","sectionType":"section","heading":"Entry into possession of underground land","content":"\t155A Entry into possession of underground land\n\nA project authority may enter into possession of underground land at any time after publication of the Order under section 162 declaring the underground land.\n\n","sortOrder":187},{"sectionNumber":"156","sectionType":"section","heading":"Occupation may be extended by agreement","content":"\t156 Occupation may be extended by agreement\n\n(1) The period of occupation of the project land after the reservation date (including the 3 month period referred to in section 154(1)) may be extended by agreement in writing between the project authority and the occupier of the project land.\n\n(2) An agreement under subsection (1) must provide for the payment of rent by the occupier of the relevant land to the project authority.\n\n","sortOrder":188},{"sectionNumber":"157","sectionType":"section","heading":"Continued occupation without agreement","content":"\t157 Continued occupation without agreement\n\nIf a person continues to occupy project land after the period permitted under section 154 or the reservation date (as the case may be) and an agreement has not been entered into under section 156 in respect of that occupation, that person—\n\n(a) is to be taken to be in possession of the land in pursuance of a tenancy determinable at will by the project authority; and\n\n(b) is liable to pay to the project authority a fair market rent in respect of that continued occupation.\n\nS. 158 amended by No. 43/2021 s. 181.\n\n","sortOrder":189},{"sectionNumber":"158","sectionType":"section","heading":"Recovery of rent","content":"\t158 Recovery of rent\n\nAny rent payable to a project authority under this Division may be recovered as a debt due to the project authority in any court of competent jurisdiction.\n\n","sortOrder":190},{"sectionNumber":"159","sectionType":"section","heading":"Proceedings where refusal to give up possession","content":"\t159 Proceedings where refusal to give up possession\n\n(1) If a project authority is entitled under this Division to enter into possession of project land and the occupier of the land or any other person—\n\n(a) refuses to give up possession of the land; or\n\n(b) hinders the project authority from entering on and taking possession of the land—\n\nthe project authority may issue its warrant under this section to the sheriff.\n\n(2) A warrant issued under this section authorises the sheriff to—\n\n(a) enter onto the land specified in the warrant; and\n\n(b) deliver possession of the land to the project authority or the person appointed in the warrant to receive possession of the land; and\n\n(c) use such force as is reasonably necessary to execute the warrant.\n\n(3) On receipt of a warrant issued under this section, the sheriff must deliver possession of the land to the project authority or the person appointed in the warrant to receive possession of the land.\n\n(4) The costs incurred in the issuing and execution of a warrant must be paid by the person refusing to give up possession.\n\n(5) The amount of the costs and the amount of any rent owed by that person must be deducted and retained by the project authority from the compensation (if any) payable under this Part to that person.\n\n(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 compensation must if not paid on demand be enforced by a warrant to seize property.\n\n(7) On application by the project authority, a magistrate must issue a warrant for the purposes of subsection (6).\n\nS. 160 substituted by No. 43/2021 s. 182.\n\n","sortOrder":191},{"sectionNumber":"160","sectionType":"section","heading":"Certain legislation not to apply","content":"\t160 Certain legislation not to apply\n\nNothing in the **Residential Tenancies Act 1997** or the **Retail Leases Act 2003** applies to or in relation to any matter provided for in, or any proceedings under, this Division.\n\nS. 161 repealed by No. 43/2021 s. 183.\n\nPt 6 Div. 6 (Heading) substituted by No. 43/2021 s. 184.\n\nDivision 6—Underground land\n\nS. 161A inserted by No. 43/2021 s. 185.\n\n","sortOrder":192},{"sectionNumber":"161A","sectionType":"section","heading":"Application of Division","content":"\t161A Application of Division\n\n(1) Land may be subject to an Order under this Division even if it is Crown land, including Crown land permanently or temporarily reserved under the **Crown Land (Reserves) Act 1978**.\n\n(2) However, an Order under section 162B cannot provide for the acquisition of an easement over Crown land.\n\nS. 161A(3) amended by No. 48/2024 s. 41.\n\n(3) This Division applies despite anything to the contrary in the **Crown Land (Reserves) Act 1978** (other than section 8 of that Act) or any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\nSection 8 of the **Crown Land (Reserves) Act 1978**, which takes effect despite any Act or rule of law to the contrary, deals with the sale, leasing and licensing of reserved Crown land.\n\nS. 162 amended by No. 49/2013 s. 69(7), substituted by No. 43/2021 s. 186.\n\n","sortOrder":193},{"sectionNumber":"162","sectionType":"section","heading":"Declaration of underground land as project land","content":"\t162 Declaration of underground land as project land\n\n(1) The Governor in Council, by Order published in the Government Gazette, may declare that a stratum of land below ground level in a project area is project land (the ***underground land***).\n\n(2) An Order under this section must be made on the recommendation of the Project Minister.\n\n(3) The Governor in Council must not make an Order under this section unless the Governor in Council has received plans that specify the depth and length of the underground land that have been—\n\n(a) signed by the Surveyor-General; and\n\n(b) lodged at the Central Plan Office.\n\n(4) An Order under this section may provide that the underground land is to vest in fee simple in the project authority.\n\n(5) An Order under this section may be contained in the same instrument as an Order under section 162B.\n\n(6) An Order under this section is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\nS. 162A inserted by No. 43/2021 s. 186.\n\n","sortOrder":194},{"sectionNumber":"162A","sectionType":"section","heading":"Effect of declaration of underground land as project land","content":"\t162A Effect of declaration of underground land as project land\n\n(1) On the publication of an Order under section 162 in the Government Gazette—\n\n(a) if the Order provides that the underground land is to vest in fee simple in the project authority—\n\n(i) the underground land vests in fee simple in the project authority freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(ii) if any of the underground land was Crown land, it vests in the project authority as if there had been a grant of the land to the project authority on behalf of the Crown for an estate in fee simple; and\n\n(iii) any interest that a person has in the underground land is divested or diminished to the extent necessary to give effect to this paragraph; and\n\n(b) if the Order does not provide that the underground land is to vest in fee simple in the project authority—\n\n(i) the underground land vests in the Crown if it is not already Crown land; and\n\n(ii) the underground land is taken to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(iii) any interest that a person has in the underground land is divested or diminished to the extent necessary to give effect to this paragraph; and\n\n(c) if the underground land or part of it was permanently or temporarily reserved under the **Crown Land (Reserves) Act 1978**—\n\n(i) that reservation is revoked; and\n\n(ii) the appointment of any committee of management is revoked in so far as it applies to the underground land or part; and\n\n(iii) any regulations made under section 13 of that Act are revoked in so far as they apply to the underground land or part; and\n\n(d) unless the underground land vests in fee simple in the project authority, it is taken to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of an approved project, and that reservation may be amended, revoked or otherwise dealt with in accordance with—\n\n(i) the **Crown Land (Reserves) Act 1978**; or\n\n(ii) any provision of this Act that provides for the reservation of Crown land to be amended, revoked or otherwise dealt with; and\n\n(e) unless the Order expressly excludes the operation of this paragraph, if any part of the underground land is or forms part of a road—\n\n(i) that part of the underground land ceases to be a road; and\n\n(ii) all rights, easements and privileges existing or claimed in that part of the underground land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and\n\n(f) unless the Order expressly excludes the operation of this paragraph, if any part of the underground land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the underground land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease.\n\n(2) This section has effect despite anything to the contrary in section 175A of the **Water Industry Act 1994**, section 10 of, or clause 1 of Schedule 5 to, the **Road Management Act 2004** or any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or law.\n\nS. 162B inserted by No. 43/2021 s. 186.\n\n","sortOrder":195},{"sectionNumber":"162B","sectionType":"section","heading":"Easements below ground level","content":"\t162B Easements below ground level\n\n(1) The Governor in Council, by Order published in the Government Gazette, may provide for the acquisition by the Crown or the project authority of a right in the nature of an easement over a stratum of land below ground level in the project area.\n\nAn easement cannot be acquired over Crown land—see section 161A(2).\n\n(2) An Order under this section must be made on the recommendation of the Project Minister.\n\n(3) If the Crown or the project authority acquires any right in the nature of an easement, or purporting to be an easement, under the Order, that right must be taken to be an easement even though there is no land vested in the Crown or the project authority that is benefitted by or capable of being benefitted by that right.\n\n(4) A right referred to in subsection (1) may be a right that did not previously exist as such.\n\n(5) On the publication of the Order—\n\n(a) the right vests in the Crown or the project authority (as the case may be); and\n\n(b) any interest that a person has in the land below ground level is divested or diminished to the extent necessary to give effect to this subsection.\n\n(6) An Order under this section may be contained in the same instrument as an Order under section 162.\n\nS. 163 substituted by No. 43/2021 s. 187.\n\n","sortOrder":196},{"sectionNumber":"163","sectionType":"section","heading":"Compensation—underground land","content":"\t163 Compensation—underground land\n\n(1) Subject to subsections (2) and (3), if any interest in land of a person other than a public authority is divested or diminished as a consequence of an Order under section 162 or 162B, the project authority is liable to compensate the person for loss of market value in accordance with this section.\n\n(2) A person is not entitled to compensation (whether under this section or otherwise) in relation to the effect of an Order under section 162 or 162B on any interest in land at a depth of 15 metres or more below the surface of land.\n\n(3) A Council is entitled to compensation under this section only if the Council possessed an estate in fee simple in the land that was divested or diminished by the Order.\n\n(4) For the purposes of this section, loss of market value of a person's interest is to be assessed as the difference between the market value of that interest before the Order was published and the market value of that interest after the Order was published.\n\n(5) Sections 41(5), (6) and (7) and 43 of the **Land Acquisition and Compensation Act 1986**, with any necessary modifications, apply to the assessment of loss of market value for the purposes of this section.\n\n(6) Section 37 and Parts 10 and 11 of the **Land Acquisition and Compensation Act 1986**, with any necessary modifications, apply to the making and determination of a claim for compensation under this section as if it were a claim under section 37(1) of that Act.\n\n(7) To avoid doubt, a public authority is not entitled to compensation (whether under this section or otherwise) in relation to the effect of an Order under section 162 or 162B on any interest of the public authority in land.\n\n(8) In this section—\n\n***market value*** has the meaning given by section 40 of the **Land Acquisition and Compensation Act 1986**.\n\nS. 164 substituted by No. 43/2021 s. 187.\n\n","sortOrder":197},{"sectionNumber":"164","sectionType":"section","heading":"Transfer of building or structure as compensation","content":"\t164 Transfer of building or structure as compensation\n\nWith the agreement of a person entitled to compensation under this Division, a project authority may transfer a building or structure from project land or from land owned by the project authority or by that person to other land owned by that person in full or in part settlement of any compensation that the project authority is liable to pay.\n\n","sortOrder":198},{"sectionNumber":"165","sectionType":"section","heading":"Compensation for denial of access","content":"\t165 Compensation for denial of access\n\n(1) Subject to subsection (2), a project authority is liable to pay compensation in accordance with this section if the effect of an Order made under this Division to declare underground land is that existing access to any land is denied.\n\n(c) the project authority has begun compulsory acquisition procedures under the **Land Acquisition and Compensation Act 1986** for the land to which access is denied; or\n\n(d) a claim for compensation is not served on the project authority within one year of the making of the Order under this Division.\n\nS. 165A inserted by No. 43/2021 s. 188.\n\n","sortOrder":199},{"sectionNumber":"165A","sectionType":"section","heading":"No other compensation payable","content":"\t165A No other compensation payable\n\nExcept as provided in this Division, no compensation is payable by the Crown or a project authority in respect of anything done or arising out of this Division.\n\n","sortOrder":200},{"sectionNumber":"Div 7","sectionType":"division","heading":"Management of land for project","content":"Division 7—Management of land for project\n\nPt 6 Div. 7 Subdiv. 1 (Heading) amended by No. 43/2021 s. 189.\n\nSubdivision 1—General powers of entry and temporary occupation of land\n\nS. 165B inserted by No. 43/2021 s. 190.\n\n","sortOrder":201},{"sectionNumber":"165B","sectionType":"section","heading":"Power of entry on land before designation of project area","content":"\t165B Power of entry on land before designation of project area\n\n(1) At any time before a declared project becomes an approved project, a project authority, or a person authorised in writing by a project authority, may enter any land and do all things necessary or convenient for investigative purposes to determine—\n\n(a) whether the land should be included in the project area for the declared project; or\n\n(b) the suitability of the land for the purposes of the declared project.\n\n(2) Without limiting subsection (1), the project authority, or a person authorised in writing by the project authority, may do any of the following on the land—\n\n(a) bring onto the land, and remain on the land with, any assistants, vehicles, machinery or equipment;\n\n(b) affix or establish any trigonometrical stations, survey pegs, marks or poles on the land and from time to time alter, remove or reinstate them;\n\n(c) dig or bore into the land and take samples of soil, rock, ground water or minerals;\n\n(d) undertake flora and fauna surveys and archaeological investigations and take samples of plants;\n\n(e) undertake geotechnical and site survey work;\n\n(f) undertake ecological surveys;\n\n(g) undertake utilities surveys;\n\n(h) undertake contamination investigations;\n\n(i) determine site conditions (including undertaking noise monitoring).\n\n(3) The project authority must give to the occupier of the land, and if the occupier is not the owner, the owner of the land—\n\n(b) a statement of the principal rights and obligations of the occupier or owner (as the case may be) under this Act—\n\nat least 7 days before the land is entered under subsection (1).\n\n(4) A person may enter land under this section earlier than the expiration of 7 days if the occupier consents to the entry.\n\n(5) The project authority need not give notice in writing under this section in an emergency.\n\n(6) A person must not under this section enter land used primarily for residential purposes except between 7.30 a.m. and 6.00 p.m. unless the occupier consents to the entry.\n\nS. 165C inserted by No. 43/2021 s. 190.\n\n","sortOrder":202},{"sectionNumber":"165C","sectionType":"section","heading":"Power of entry on land after designation of project area","content":"\t165C Power of entry on land after designation of project area\n\n(1) For the purposes of an approved project or any purpose connected with an approved project, a project authority or a person authorised in writing by a project authority may—\n\n(a) enter and remain on any land with any assistants, vehicles, machinery or equipment; and\n\n(b) affix or establish any trigonometrical stations, survey pegs, marks or poles on the land and from time to time alter, remove or reinstate them; and\n\n(c) dig or bore into the land and take samples of soil, rock, ground water or minerals; and\n\n(d) undertake flora and fauna surveys and archaeological investigations and take samples of plants; and\n\n(e) undertake geotechnical and site survey work; and\n\n(f) undertake ecological surveys; and\n\n(g) undertake utilities surveys; and\n\n(h) undertake contamination investigations; and\n\n(i) determine site conditions (including undertaking noise monitoring).\n\n(2) The project authority must give to the occupier of the land, and if the occupier is not the owner, the owner of the land—\n\n(b) a statement of the principal rights and obligations of the occupier and owner (as the case may be) under this Act—\n\nat least 7 days before the land is entered under subsection (1).\n\n(3) A person must not—\n\n(a) wilfully and without authorisation from the project authority, interfere with any vehicles, machinery or equipment brought onto, affixed, established or remaining on land under subsection (1); or\n\n(b) wilfully obstruct any person acting in accordance with this section.\n\nS. 165D inserted by No. 43/2021 s. 190.\n\n","sortOrder":203},{"sectionNumber":"165D","sectionType":"section","heading":"Power of temporary occupation","content":"\t165D Power of temporary occupation\n\n(1) A project authority or a person authorised in writing by a project authority may enter any land and occupy the land so long as is necessary for the purposes of an approved project or any purpose connected with an approved project.\n\n(2) The project authority or a person authorised in writing by the project authority may, for the purposes of an approved project or for any purpose connected with an approved project, do any of the following—\n\n(a) dig and take from the land occupied under subsection (1) any clay, stone, gravel, earth or other substance;\n\n(b) deposit any material on that land;\n\n(c) make cuttings or excavations on that land;\n\n(d) take timber from that land;\n\n(e) make and use roadways, railways or carparks on that land;\n\n(f) manufacture on that land any materials required;\n\n(g) erect workshops, sheds and buildings of a temporary character on that land;\n\n(h) construct driveways, pathways or other means of access to that land, including associated drains and curbs;\n\n(i) carry out works on drainage channels, streams or other waterways or works relating to the diversion of drainage channels, streams or other waterways;\n\n(j) demolish fences or other structures on that land (other than a structure that is, or forms part of, a structure occupied, or intended to be occupied, as a place of residence or business).\n\n(3) A project authority may make land that is being temporarily occupied under this section available to the public or a section of the public to use a railway, roadway, pathway or carpark constructed on that land.\n\nS. 165E inserted by No. 43/2021 s. 190.\n\n","sortOrder":204},{"sectionNumber":"165E","sectionType":"section","heading":"Notice of temporary occupation","content":"\t165E Notice of temporary occupation\n\n(1) At least 7 days before a project authority, or a person authorised by a project authority, enters any land under section 165D, the project authority must give the occupier of the land, and if the occupier is not the owner, the owner of the land written notice of the intention to enter and occupy the land.\n\n(2) A notice under subsection (1) must—\n\n(a) indicate in general terms the approximate position and nature of the land; and\n\n(b) indicate the extent to which the powers under section 165D(2) are proposed to be exercised; and\n\nS. 165E(2)(c) amended by No. 48/2024 s. 44(3).\n\n(c) include the name and place of business of any person authorised by the project authority to exercise a power under section 165D(2) on its behalf; and\n\n(d) contain a statement of the principal rights and obligations of the occupier or owner (as the case may be) under this Act.\n\n(3) Subject to section 106(1) of the **Land Acquisition and Compensation Act 1986** (as applied and modified under subsection (4)), the project authority within 7 days after the expiry of each calendar month must cause to be given to the owner and occupier of the land a written notice setting out the nature and quantity of any substance or timber taken from the land during that calendar month.\n\n(4) Section 106(1) of the **Land Acquisition and Compensation Act 1986** applies, with any necessary modifications, for the purposes of subsection (3).\n\nS. 165F inserted by No. 43/2021 s. 190.\n\n","sortOrder":205},{"sectionNumber":"165F","sectionType":"section","heading":"Power to investigate and remove trees and vegetation","content":"\t165F Power to investigate and remove trees and vegetation\n\n(1) A project authority, or a person authorised in writing by a project authority, may enter any land and investigate and assess whether any trees or vegetation on the land create a risk to the safety of any person in connection with, or by reason of, a declared project, or to any person on or using transport or non-transport infrastructure that is to be, or has been, developed or affected by a declared project.\n\n(2) After a declared project becomes an approved project, a project authority, or a person authorised in writing by a project authority, may enter any land and lop or fell and remove any tree or vegetation that has been assessed as creating a risk referred to in subsection (1) .\n\n(3) The project authority must give to the occupier of the land, and if the occupier is not the owner, the owner of the land—\n\n(b) a statement of the principal rights and obligations of the occupier and owner (as the case may be) under this Act—\n\nat least 7 days before the land is entered under subsection (1) or (2).\n\n(4) In the case of an entry under subsection (2), the notice under subsection (3)(a) must—\n\n(a) indicate in general terms the nature of the land; and\n\n(b) indicate in general terms the extent to which it is proposed to lop, fell and remove any tree or vegetation; and\n\n(c) include the name and place of business of any person authorised by the project authority to lop, fell and remove any tree or vegetation.\n\n(5) Despite anything to the contrary in the **Planning and Environment Act 1987** or any planning scheme, a planning permit is not required for the exercise of a power under subsection (2).\n\nS. 165G inserted by No. 43/2021 s. 190.\n\n","sortOrder":206},{"sectionNumber":"165G","sectionType":"section","heading":"Power to install temporary ground supports","content":"\t165G Power to install temporary ground supports\n\n(1) A project authority or a person authorised in writing by a project authority may enter, temporarily occupy and use any land below ground level for the purpose of an approved project to install, construct and use construction ground supports, or ground stabilisation measures, to temporarily support—\n\n(a) transport or non-transport infrastructure; or\n\n(b) the construction of transport or non-transport infrastructure.\n\n(2) This section authorises the installation, construction and use of construction ground supports or ground stabilisation measures only if—\n\n(a) they are located wholly below ground level once their installation or construction has been completed; and\n\n(b) they will be capable of being removed at the end of the period of temporary occupation without damaging any permanent project infrastructure located on adjoining land.\n\n(3) A project authority, at least 7 days before it enters land for the purposes of this section, must give both the owner and the occupier of the land written notice that specifies—\n\n(a) the nature of the supports or measures to be installed or constructed; and\n\n(b) the general depth and location of the installation or construction; and\n\n(c) the estimated period for which the land will be temporarily occupied under this section.\n\n(4) At the end of the period of temporary occupation under this section, the project authority, or person authorised by the project authority, must give written notice to the owner and occupier of the land—\n\n(a) setting out the location and type of any supports or measures left in any stratum of land below ground level, including a plan or diagram of the supports or measures; and\n\n(b) stating that nothing in this Act prohibits the owner or occupier from removing the supports or measures; and\n\n(c) stating that the owner or occupier may be entitled to claim compensation under this section.\n\n(5) Subject to subsections (6) and (7), if the owner or occupier of the land has—\n\nas a direct, natural and reasonable consequence of the removal of supports or measures installed or constructed under this section, the owner or occupier may claim the amount of that loss or expense from the project authority.\n\n(6) A claim for compensation may be made under subsection (5) only if the supports or measures are removed, and the claim is made, within 2 years after notice was given under subsection (4).\n\n(7) A person is not entitled to compensation under subsection (5) if the whole of the supports or measures are at a depth of 15 metres or more below the surface of land.\n\n(8) Section 48 and Parts 10 and 11 of the **Land Acquisition and Compensation Act 1986** apply to a claim under subsection (5) as if it were a claim under section 47(1) of that Act.\n\nS. 165H inserted by No. 43/2021 s. 190.\n\n","sortOrder":207},{"sectionNumber":"165H","sectionType":"section","heading":"Obligations in relation to exercise of powers","content":"\t165H Obligations in relation to exercise of powers\n\n(1) In exercising powers under this Subdivision, a project authority or a person authorised by a project authority must—\n\n(a) cause as little harm and inconvenience and do as little damage as possible to the land and anything on or growing on the land; and\n\n(b) remain on the land only for the period that is reasonably necessary; and\n\n(c) use all reasonable endeavours to co-operate with the owner and occupier of the land.\n\n(2) Subject to subsection (3), after the exercise of powers under this Subdivision in relation to any land, a project authority or a person authorised by a project authority must—\n\n(a) remove from the land on the completion of the entry or occupation of the land all plant, machinery, equipment, goods or buildings brought onto, or erected on, the land; and\n\n(b) except as otherwise agreed with the owner or occupier of the land, replace any fence or other structure demolished under section 165D(2)(j) with a fence or other structure—\n\n(i) of the same function; and\n\n(ii) of at least the same standard; and\n\nS. 165H (2)(b)(ii) renumbered as s. 165H (2)(b)(iii) by No. 48/2024 s. 44(4).\n\n(iii) in the same location or in another location if it is impracticable to replace it in the same location because of the approved project or works constructed for the approved project; and\n\n(c) otherwise leave the land, as nearly as possible, in the condition in which it was immediately before the land was entered or occupied.\n\n(3) Despite subsection (2)—\n\n(a) anything constructed under section 165D(2)(h) may be left in place, if it was constructed to service a use of the land that will continue after the end of the period of temporary occupation; and\n\n(b) any works carried out under section 165D(2)(i) may be left in place, if the works were not intended to be temporary and would not, if left in place, prevent or significantly interfere with the use of the land for the purpose for which it was used immediately before the temporary occupation; and\n\n(c) any supports or measures installed or constructed under section 165G may be left in place; and\n\n(d) anything else may be left in place with the agreement of the owner or occupier of the land; and\n\n(e) the land may otherwise be left in a condition as agreed with the owner or occupier of the land.\n\nS. 165I inserted by No. 43/2021 s. 190.\n\n","sortOrder":208},{"sectionNumber":"165I","sectionType":"section","heading":"Project authority to prepare condition report for occupied land","content":"\t165I Project authority to prepare condition report for occupied land\n\n(1) Within 14 days after the project authority or a person authorised by a project authority occupies land under section 165D, the project authority must give the owner of the land a report as to the condition of the land at occupation (a ***condition report***).\n\n(2) If the owner of the land disagrees with any aspect of the condition report, the owner must give written notice of that disagreement to the project authority within one month after being given the condition report.\n\n(3) If the owner of the land does not give notice of the owner's disagreement within the time specified under subsection (2), the owner is taken to agree with the contents of the condition report.\n\n(4) If the owner gives a notice within the time specified under subsection (2) and the owner and project authority cannot agree as to the contents of the condition report within 2 months after the date the condition report was given under subsection (1), the project authority must give the Valuer General written notice that a dispute exists under this section.\n\n(5) Within 10 business days after receiving notice from a project authority under subsection (4), the Valuer General must appoint a valuer to prepare a condition report.\n\n(6) For the purposes of a claim for compensation under this Subdivision, a condition report prepared by a valuer under this section is conclusive evidence of the condition of the land immediately prior to its occupation by the project authority.\n\n(7) This section does not apply in relation to the entry, occupation or use of land under section 165G.\n\nS. 165J inserted by No. 43/2021 s. 190.\n\n","sortOrder":209},{"sectionNumber":"165J","sectionType":"section","heading":"Project authority to fence lands before using them","content":"\t165J Project authority to fence lands before using them\n\n(1) If part of any land is occupied or used for the purposes of section 165D, the project authority must, if required to do so by the owner or occupier of the land, separate that part from the remainder of the land adjoining it by a sufficient fence with any gates that are necessary.\n\n(2) In the case of any difference between the owners or occupiers of the lands and the project authority as to the necessity of the fences and gates, the lands must be separated with any fences and gates that the Project Minister thinks necessary for the convenient occupation or use of the lands.\n\n(3) This section does not apply in relation to the entry, occupation or use of land under section 165G.\n\nS. 165K inserted by No. 43/2021 s. 190.\n\n","sortOrder":210},{"sectionNumber":"165K","sectionType":"section","heading":"Compensation for entry or temporary occupation","content":"\t165K Compensation for entry or temporary occupation\n\n(1) Any person with an interest in land that has been entered or temporarily occupied under this Subdivision who has—\n\nas a direct, natural and reasonable consequence of that entry or occupation may claim the amount of that loss or expense from the project authority.\n\n(2) A person is not entitled to claim compensation under this section in relation to any supports or measures installed, constructed or used under section 165G that remain in place at the end of the temporary occupation under that section.\n\nCompensation in relation to supports or measures remaining in place at the end of temporary occupation is dealt with in section 165G.\n\n(3) Sections 47(2) and 48 and Parts 10 and 11 of the **Land Acquisition and Compensation Act 1986** apply to a claim under this section as if it were a claim under section 47(1) of that Act.\n\nSee section 47(2) of the **Land Acquisition and Compensation Act 1986** for the time within which a claim for compensation must be made.\n\nS. 165L inserted by No. 43/2021 s. 190.\n\n","sortOrder":211},{"sectionNumber":"165L","sectionType":"section","heading":"Rent for temporary occupation","content":"\t165L Rent for temporary occupation\n\n(1) The person who would otherwise be entitled to exclusive possession of land that is occupied under section 165D has a right to receive rent from the project authority for the occupation of the land as determined under this section.\n\n(2) No rent is payable in relation to any stratum of land below ground level in which any construction ground supports, or ground stabilisation measures are installed under section 165G.\n\n(3) Within 30 days after giving notice under section 165E(1), the project authority must make an offer for the payment of rent to the person who would otherwise be entitled to exclusive possession of the land for the authority's occupation of that land.\n\n(4) If a project authority and the person who would otherwise be entitled to exclusive possession of the land do not agree on an amount of rent to be paid by the project authority within one month after the project authority's first offer for the payment of rent under subsection (3), the project authority must give the Valuer General written notice of the disagreement.\n\n(5) Within 10 business days after receiving notice from a project authority under subsection (4), the Valuer General must appoint a valuer to determine the amount of rent payable for the occupied land by the project authority.\n\n(6) If the project authority or the person who would otherwise be entitled to exclusive possession of the land disagrees with a determination made by a valuer under subsection (5), the disagreement is taken to be a disputed claim for the purposes of the **Land Acquisition and Compensation Act 1986** and Part 10 of that Act applies as if—\n\n(a) a reference in that Part to the Authority were a reference to the project authority; and\n\n(b) a reference in that Part to the claimant were a reference to the person who would otherwise be entitled to exclusive possession of the land.\n\nS. 165M inserted by No. 43/2021 s. 190.\n\n","sortOrder":212},{"sectionNumber":"165M","sectionType":"section","heading":"Liability of project authority for nuisance","content":"\t165M Liability of project authority for nuisance\n\nNothing in this Act exempts a project authority from any action for nuisance or other injury (if any) done in the exercise of powers under this Subdivision to the land or residence of any person other than the person whose land is entered, occupied or used for any of the purposes referred to in this Subdivision.\n\nS. 165N inserted by No. 43/2021 s. 190.\n\n","sortOrder":213},{"sectionNumber":"165N","sectionType":"section","heading":"Obstruction of temporary occupation","content":"\t165N Obstruction of temporary occupation\n\n(1) After being given a notice under section 165E(1), a person must not wilfully do any act or thing calculated to prevent the project authority who gave the notice from exercising any power conferred by section 165D.\n\n(2) The doing of an act or thing in contravention of this section does not prevent a project authority from exercising any power that it could lawfully have exercised if that act or thing had not been done.\n\nPt 6 Div. 7 Subdiv. 1AA (Heading and ss 165O–165ZC) inserted by No. 48/2024 s. 22.\n\nSubdivision 1AA—Entry onto and carrying out works on land in project area intended to be acquired\n\nS. 165O inserted by No. 48/2024 s. 22.\n\n","sortOrder":214},{"sectionNumber":"165O","sectionType":"section","heading":"Definitions","content":"\t165O Definitions\n\nIn this Subdivision—\n\n***abandon acquisition notice*** means a notice given under section 165Y;\n\n***advance works notice***—see section 165Q(1);\n\n***construction completion date***  means the date the construction of the permanent infrastructure was completed that is specified in a notice given under section 165W;\n\n***draft LACA notice***—see section 165Q(3)(e);\n\n***LACA notice of intention to acquire***  means a notice under section 6 of the **Land Acquisition and Compensation Act 1986**.\n\nS. 165P inserted by No. 48/2024 s. 22.\n\n","sortOrder":215},{"sectionNumber":"165P","sectionType":"section","heading":"Project authority may enter, occupy, use and carry out works on certain land","content":"\t165P Project authority may enter, occupy, use and carry out works on certain land\n\n(1) Subject to this Subdivision, a project authority, or a person authorised in writing by a project authority, may—\n\n(a) enter, occupy and use land within the project area for the approved project; and\n\n(b) carry out works on the land mentioned in paragraph (a) for the construction of permanent infrastructure for the purposes of an approved project or any purpose connected with an approved project.\n\n(2) A power under subsection (1) may be exercised only if—\n\n(a) the project authority intends to compulsorily acquire at least the part of the land on which the permanent infrastructure is to be constructed; and\n\n(b) the project authority is satisfied that it is not reasonably practicable to precisely identify the area of land on which the permanent infrastructure will be constructed before the works for the construction of the permanent infrastructure are commenced.\n\nS. 165Q inserted by No. 48/2024 s. 22.\n\n","sortOrder":216},{"sectionNumber":"165Q","sectionType":"section","heading":"Project authority to give notice to owner or occupier before entering, occupying and using land","content":"\t165Q Project authority to give notice to owner or occupier before entering, occupying and using land\n\n(1) At least 30 days before a project authority, or a person authorised by a project authority, enters any land under section 165P, the project authority must give the occupier of the land, and if the occupier is not the owner, the owner of the land, written notice of the intention to enter, occupy and use the land (an ***advance works notice***).\n\n(2) Within 30 days after the giving of an advance works notice, the project authority, or the person authorised by the project authority, must give a copy of the notice to any person who, after diligent enquiry, has been identified as having an interest in the land.\n\n(3) An advance works notice must—\n\n(a) indicate in general terms the approximate position and nature of the land; and\n\n(b) indicate the extent to which the powers under section 165P(1) are proposed to be exercised; and\n\n(c) include the name and place of business of any person authorised by the project authority to exercise a power under section 165P(1) on its behalf; and\n\n(d) contain a statement of the principal rights and obligations of the occupier or owner (as the case may be) under this Act; and\n\n(e) be accompanied by a draft of a LACA notice of intention to acquire (a ***draft LACA notice***).\n\n(4) A draft LACA notice must—\n\n(a) be in the form of a LACA notice of intention to acquire; and\n\n(b) subject to subsections (5) and (6), contain the information required, under section 8 of the **Land Acquisition and Compensation Act 1986** to be included in a LACA notice of intention to acquire, for the acquisition of an interest in land for the permanent infrastructure; and\n\n(c) state that the area of land that may ultimately be acquired may be smaller than the area described in the notice.\n\n(5) The description contained in a draft LACA notice—\n\n(a) must describe the maximum area of land that may need to be acquired for the permanent infrastructure; and\n\n(b) may be in the form of a sketch.\n\nA notice of intention to acquire under the **Land Acquisition and Compensation Act 1986** is required to contain a description (including, if appropriate, a sketch) sufficient to identify the interest to be acquired and the location of the land—see section 8(1)(b) of the **Land Acquisition and Compensation Act 1986**.\n\n(6) A draft LACA notice is not required to contain the information required under section 8(2) of the **Land Acquisition and Compensation Act 1986**.\n\nS. 165R inserted by No. 48/2024 s. 22.\n\n","sortOrder":217},{"sectionNumber":"165R","sectionType":"section","heading":"Obligations in relation to exercise of powers","content":"\t165R Obligations in relation to exercise of powers\n\n(1) In exercising powers under section 165P, a project authority, or a person authorised by a project authority, must—\n\n(a) cause as little harm and inconvenience and do as little damage as possible to the land and anything on or growing on the land; and\n\n(b) use all reasonable endeavours to co‑operate with the owner and occupier of the land.\n\n(2) Subject to subsections (4) and (5), after the exercise of powers under section 165P in relation to any land, a project authority, or a person authorised by a project authority, must within the specified period—\n\n(a) remove from the land on the completion of the entry or occupation of the land all plant, machinery, equipment, goods or buildings brought onto, or erected on, the land; and\n\n(b) except as otherwise agreed with the owner or occupier of the land, replace any fence or other structure demolished with a fence or other structure—\n\n(i) of the same function; and\n\n(ii) of at least the same standard; and\n\n(iii) in the same location or in another location if it is impracticable to replace it in the same location because of the permanent infrastructure constructed for the approved project; and\n\n(c) otherwise leave the land, as nearly as possible, in the condition in which it was immediately before the land was entered, occupied or used.\n\n(3) The specified period is, unless otherwise agreed with the owner or occupier of the land—\n\n(a) as soon as practicable after the land is no longer required for the purposes of section 165P(1); and\n\n(b) in any event, within 4 months after—\n\n(i) the construction completion date; or\n\n(ii) the giving of an abandon acquisition notice.\n\n(4) Despite subsection (2)—\n\n(a) things may be left in place with the agreement of the owner or occupier of the land; and\n\n(b) the land may otherwise be left in a condition as agreed with the owner or occupier of the land.\n\n(5) Subsection (2) does not apply in respect of any part of the land that is acquired or is to be acquired for the permanent infrastructure constructed for the approved project.\n\nS. 165S inserted by No. 48/2024 s. 22.\n\n","sortOrder":218},{"sectionNumber":"165S","sectionType":"section","heading":"Project authority to prepare condition report for occupied land","content":"\t165S Project authority to prepare condition report for occupied land\n\n(1) Within 14 days after the project authority or a person authorised by a project authority occupies land under section 165P, the project authority must give the owner of the land a report as to the condition of the land at occupation (a ***condition report***).\n\n(2) If the owner of the land disagrees with any aspect of the condition report, the owner must give written notice of that disagreement to the project authority within one month after being given the condition report.\n\n(3) If the owner of the land does not give notice of the owner's disagreement within the time specified under subsection (2), the owner is taken to agree with the contents of the condition report.\n\n(4) If the owner gives a notice within the time specified under subsection (2) and the owner and project authority cannot agree as to the contents of the condition report within 2 months after the date the condition report was given under subsection (1), the project authority must give the Valuer General written notice that a dispute exists under this section.\n\n(5) Within 10 business days after receiving notice from a project authority under subsection (4), the Valuer General must appoint a valuer to prepare a condition report.\n\n(6) For the purposes of a claim for compensation under this Subdivision, a condition report prepared by a valuer under this section is conclusive evidence of the condition of the land immediately prior to its occupation by the project authority.\n\nS. 165T inserted by No. 48/2024 s. 22.\n\n","sortOrder":219},{"sectionNumber":"165T","sectionType":"section","heading":"Project authority to fence lands before using them","content":"\t165T Project authority to fence lands before using them\n\n(1) If part of any land is occupied or used for the purposes of section 165P, the project authority must, if required to do so by the owner or occupier of the land, separate that part from the remainder of the land adjoining it by a sufficient fence with any gates that are necessary.\n\n(2) In the case of any difference between the owners or occupiers of the lands and the project authority as to the necessity of the fences and gates, the lands must be separated with any fences and gates that the Project Minister thinks necessary for the convenient occupation or use of the lands.\n\nS. 165U inserted by No. 48/2024 s. 22.\n\n","sortOrder":220},{"sectionNumber":"165U","sectionType":"section","heading":"Rent for occupation until acquisition or abandonment of acquisition","content":"\t165U Rent for occupation until acquisition or abandonment of acquisition\n\n(1) The person who would otherwise be entitled to exclusive possession of land that is occupied under section 165P has a right to receive rent from the project authority for the occupation of the land, determined under this section, as the case requires—\n\n(a) for land that is acquired under section 112, for the period until the land is acquired; or\n\n(b) for land that is not acquired under section 112, until the requirements in section 165R(2) have been complied with and the project authority is no longer occupying that land.\n\n(2) Within 30 days after giving an advance work notice, the project authority must make an offer for the payment of rent to the person who would otherwise be entitled to exclusive possession of the land for the authority's occupation of that land.\n\n(3) If a project authority and the person who would otherwise be entitled to exclusive possession of the land do not agree on an amount of rent to be paid by the project authority within one month after the project authority's first offer for the payment of rent under subsection (2), the project authority must give the Valuer General written notice of the disagreement.\n\n(4) Within 10 business days after receiving notice from a project authority under subsection (3), the Valuer General must appoint a valuer to determine the amount of rent payable for the occupied land by the project authority.\n\n(5) If the project authority or the person who would otherwise be entitled to exclusive possession of the land disagrees with a determination made by a valuer under subsection (4), the disagreement is taken to be a disputed claim for the purposes of the **Land Acquisition and Compensation Act 1986** and Part 10 of that Act applies as if—\n\n(a) a reference in that Part to the Authority were a reference to the project authority; and\n\n(b) a reference in that Part to the claimant were a reference to the person who would otherwise be entitled to exclusive possession of the land.\n\nS. 165V inserted by No. 48/2024 s. 22.\n\n","sortOrder":221},{"sectionNumber":"165V","sectionType":"section","heading":"Liability of project authority for nuisance","content":"\t165V Liability of project authority for nuisance\n\nNothing in this Act exempts a project authority from any action for nuisance or other injury (if any) done in the exercise of powers under section 165P to the land or residence of any person other than the person whose land is entered, occupied and used for the purposes referred to in that section.\n\nS. 165W inserted by No. 48/2024 s. 22.\n\n","sortOrder":222},{"sectionNumber":"165W","sectionType":"section","heading":"Project authority to give notice to owner or occupier on completion of construction of permanent infrastructure","content":"\t165W Project authority to give notice to owner or occupier on completion of construction of permanent infrastructure\n\nWithin 14 days after the completion of construction of permanent infrastructure on land under section 165P, the project authority must give the occupier of the land, and if the occupier is not the owner, the owner of the land, written notice specifying the date construction was completed.\n\nS. 165X inserted by No. 48/2024 s. 22.\n\n","sortOrder":223},{"sectionNumber":"165X","sectionType":"section","heading":"Project authority to start compulsory acquisition process for interest in land for completed permanent infrastructure","content":"\t165X Project authority to start compulsory acquisition process for interest in land for completed permanent infrastructure\n\n(1) A project authority must serve a LACA notice of intention to acquire for the acquisition, under section 112 of this Act, of an interest in land for the permanent infrastructure constructed through the exercise of powers under section 165P as soon as practicable after the construction completion date, but no later than 3 months after the construction completion date.\n\n(2) A notice mentioned in subsection (1) must contain a description of any differences between the interest in land described in that notice and the interest in land described in the draft LACA notice.\n\n(3) Subsection (2) applies in addition to any requirement under section 8 of the **Land Acquisition and Compensation Act 1986** as to the form of a LACA notice of intention to acquire.\n\nS. 165Y inserted by No. 48/2024 s. 22.\n\n","sortOrder":224},{"sectionNumber":"165Y","sectionType":"section","heading":"Project authority must give notice of decision to abandon acquisition","content":"\t165Y Project authority must give notice of decision to abandon acquisition\n\n(1) Subsection (2) applies if the project authority decides, after the giving of an advance works notice but before serving a LACA notice of intention to acquire, to not proceed with the acquisition of an interest in land on which the permanent infrastructure is constructed or is intended to be constructed through the exercise of powers under section 165P.\n\n(2) The project authority must give written notice of the decision to not proceed to any person on whom a LACA notice of intention to acquire would have been required to be served if the acquisition had proceeded.\n\n(3) The project authority is taken to have given a notice under subsection (2) if, in relation to the interest in land—\n\n(a) a LACA notice of intention to acquire has not been served within 3 months after the construction completion date; or\n\n(b) the project authority serves a statement cancelling a LACA notice of intention to acquire under section 15 of the **Land Acquisition and Compensation Act 1986**; or\n\n(c) a LACA notice of intention to acquire lapses under section 16 of the **Land Acquisition and Compensation Act 1986**.\n\nS. 165Z inserted by No. 48/2024 s. 22.\n\n","sortOrder":225},{"sectionNumber":"165Z","sectionType":"section","heading":"Compensation on acquisition of interest in land for permanent infrastructure","content":"\t165Z Compensation on acquisition of interest in land for permanent infrastructure\n\n(1) This section applies if a person's interest in land is acquired under section 112 for permanent infrastructure constructed under section 165P(1)(b).\n\n(2) Without limiting section 30 of the **Land Acquisition and Compensation Act 1986**, the person is also entitled to compensation under that section if the person has—\n\nas a direct, natural and reasonable consequence of the entry, occupation or use of the land under section 165P(1)(a).\n\n(3) In addition—\n\n(a) without limiting section 43 of the **Land Acquisition and Compensation Act 1986**, in any assessment of compensation under that Act, any change to the condition of the land by reason of the entry, occupation and use of the land under section 165P(1)(a) must be disregarded; and\n\n(b) section 53(1) of the **Land Acquisition and Compensation Act 1986** applies as if—\n\n(i) for \"interest; or\" at the end of paragraph (a) there were substituted \"interest—\"; and\n\n(ii) paragraph (b) of that subsection and the words \"whichever is the earlier,\" were omitted.\n\nS. 165ZA inserted by No. 48/2024 s. 22.\n\n\t165ZA Possession of land acquired for permanent infrastructure\n\nOn publication in the Government Gazette of a notice of acquisition for land following the exercise of powers under section 165P in relation to the land, the project authority is taken to be in possession of that land.\n\nDivision 5 of Part 2 of the **Land Acquisition and Compensation Act 1986** and Division 5 of Part 6 of this Act do not apply to land acquired after the exercise of powers under this Subdivision. See sections 113(2) and 150A.\n\nS. 165ZB inserted by No. 48/2024 s. 22.\n\n\t165ZB Compensation for occupation where interest is not acquired\n\n(1) A person with an interest in land who sustains a pecuniary loss, or incurs any expense as a direct, natural and reasonable consequence of the entry, occupation or use of the land under section 165P(1)(a) may claim that loss or expense from the project authority.\n\n(2) A claim for compensation under subsection (1) must be made within 2 years after—\n\n(a) the person is given an abandon acquisition notice; or\n\n(b) the construction completion date.\n\n(3) The **Land Acquisition and Compensation Act 1986** applies to a claim for compensation under this section as if a reference in that Act to section 46 were a reference to this section.\n\n(4) Subsection (1) does not apply with respect to loss or expense in relation to land for which compensation may be claimed under section 165Z.\n\nS. 165ZC inserted by No. 48/2024 s. 22.\n\n\t165ZC Interference with equipment and works\n\nA person must not—\n\n(a) wilfully and without authorisation from the project authority—\n\n(i) interfere with or remove any vehicles, machinery or equipment brought onto, affixed, established or remaining on land under section 165P; or\n\n(ii) interfere with any works or infrastructure being constructed under section 165P; or\n\n(b) wilfully obstruct any person acting in accordance with section 165P.\n\nPt 6 Div. 7 Subdiv. 1A (Heading) inserted by No. 43/2021 s. 191.\n\n","sortOrder":226},{"sectionNumber":"Subdiv 1A","sectionType":"subdivision","heading":"Powers in relation to public land and certain other land","content":"Subdivision 1A—Powers in relation to public land and certain other land\n\n","sortOrder":227},{"sectionNumber":"166","sectionType":"section","heading":"Project authority appointed committee of management","content":"\t166 Project authority appointed committee of management\n\n(1) A project authority is taken to be the committee of management under the **Crown Land (Reserves) Act 1978** of project land.\n\n(2) The provisions of sections 15(2), 15(3), 15(4), 15(7) and 15(9) of the **Crown Land (Reserves) Act 1978** do not apply to a project authority as committee of management.\n\n(3) In addition to the powers conferred on committees of management under the **Crown Land (Reserves) Act 1978**, a project authority as committee of management has all the powers necessary to give effect to this Act.\n\nS. 167 amended by Nos 93/2009 s. 43(10), 49/2013 s. 61, substituted by No. 43/2021 s. 192.\n\n","sortOrder":228},{"sectionNumber":"167","sectionType":"section","heading":"Project authority may enter, occupy, use and carry out works on certain land","content":"\t167 Project authority may enter, occupy, use and carry out works on certain land\n\nS. 167(1) amended by No. 48/2024 s. 23.\n\n(1) For the purposes of an approved project or any purpose connected with an approved project, a project authority or a person authorised in writing by a project authority may—\n\n(a) enter, occupy and use any relevant land; and\n\n(b) carry out works on any relevant land.\n\n(2) A project authority must give written notice to the person who owns the relevant land or in whom it is vested, or the person responsible for the management of the relevant land, before exercising any power, or authorising a person to exercise any power, under this section.\n\n(3) A project authority must not exercise or authorise a person to exercise a power under this section in relation to relevant land that is reserved Crown land unless—\n\n(a) the exercise of the power is not inconsistent with the reservation of the land; or\n\n(b) the relevant land is the subject of a licence or tenancy agreement under section 17B of the **Crown Land (Reserves) Act 1978** as modified by section 168.\n\n(4) An authorisation under this section may be given subject to any conditions that are not inconsistent with the purposes of the approved project.\n\n(5) An authorisation that is inconsistent with the purposes of an approved project is invalid only to the extent of the inconsistency.\n\n(6) Works carried out on relevant land in the exercise of any powers under this section are not required to be removed from the land at the completion of the exercise of those powers.\n\n***relevant land***, in relation to an approved project, means any of the following, whether in or outside the project area—\n\n(a) public land;\n\n(b) land owned by or vested in a Council;\n\n(c) land owned by or vested in a company within the meaning of the Corporations Act—\n\n(i) that exercises a public function on behalf of the State; and\n\n(ii) all the shares in which are held by or on behalf of the State, a public authority or a State owned enterprise within the meaning of the **State Owned Enterprises Act 1992**.\n\nS. 168 substituted by No. 43/2021 s. 192.\n\n","sortOrder":229},{"sectionNumber":"168","sectionType":"section","heading":"Licence or tenancy agreement under Crown Land (Reserves) Act 1978","content":"\t168 Licence or tenancy agreement under Crown Land (Reserves) Act 1978\n\n(1) If a project authority intends to exercise, or authorise a person to exercise, a power under section 167 on or in relation to reserved Crown land, the project authority may request the Project Minister to grant the project authority or a person authorised in writing by the project authority a licence or to enter into a tenancy agreement under section 17B of the **Crown Land (Reserves) Act 1978** as modified by this section.\n\n(2) Following a request under subsection (1), for the purposes of section 167 and this section, section 17B of the **Crown Land (Reserves) Act 1978** applies with the following modifications—\n\n(a) section 17B(1) applies as if—\n\n(i) any powers exercisable under that subsection by the trustees or committee of management or the responsible Minister were exercisable by the Project Minister; and\n\n(ii) there were no requirement for the written approval of the responsible Minister;\n\n(b) section 17B(1A) applies as if any powers exercisable under that subsection by the responsible Minister were exercisable by the Project Minister;\n\n(c) section 17B(2) applies as if the reference to the Minister were a reference to the Project Minister;\n\n(d) section 17B(3) applies as if a reference to the Minister giving approval under subsection (1) were a reference to the Project Minister granting a licence or entering into a tenancy agreement under that subsection;\n\n(e) section 17B(3A) applies as if the reference to the Minister were a reference to the Project Minister;\n\n(f) section 17B(4) applies as if—\n\n(i) any powers exercisable under that subsection by the trustees or committee of management or the Minister were exercisable by the Project Minister; and\n\n(ii) there were no requirement for the approval of the Minister.\n\n(3) If the reserved Crown land is managed by trustees or a committee of management under the **Crown Land (Reserves) Act 1978**—\n\n(a) the Project Minister must give written notice to the trustees or committee of management of the granting of a licence or entering into of a tenancy agreement in relation to the land under section 17B of that Act as modified by this section; and\n\n(b) after the giving of that notice, the trustees or committee of management must not do anything that is inconsistent with the licence or tenancy agreement.\n\nS. 168A inserted by No. 49/2013 s. 62.\n\n","sortOrder":230},{"sectionNumber":"168A","sectionType":"section","heading":"Project authority may carry out or authorise associated works","content":"\t168A Project authority may carry out or authorise associated works\n\n(1) A project authority may carry out or authorise any person to carry out associated works in circumstances where an applicable approval has been granted for those works or is not required.\n\n(2) To avoid doubt, in the case of associated works that require an applicable approval, the application for the applicable approval must be made, assessed and approved under the relevant applicable law and not under this Act.\n\nS. 169 (Heading) amended by No. 43/2021 s. 193(1).\n\n","sortOrder":231},{"sectionNumber":"169","sectionType":"section","heading":"Project authority liable to pay compensation to persons whose interests are affected","content":"\t169 Project authority liable to pay compensation to persons whose interests are affected\n\nS. 169(1) substituted by No. 43/2021 s. 193(2).\n\n(1) This section applies if a person's interest in relevant land is interfered with or affected by the entry onto, occupation or use of the land, or the carrying out of works on the land, by or on behalf of a project authority under section 167.\n\nS. 169(1A) inserted by No. 43/2021 s. 193(2).\n\n(1A) The project authority is liable to compensate the person for any pecuniary loss suffered, or any expenses incurred, by the person as a direct, natural and reasonable consequence of the interference with, or the effect on, the person's interest in the relevant land.\n\n(2) Any claim for compensation must be made and dealt with in accordance with the **Land Acquisition and Compensation Act 1986** as if it were a claim under section 47(1) of that Act.\n\n(3) A utility is not entitled to compensation under this section.\n\nS. 169(4) inserted by No. 43/2021 s. 193(3).\n\n(4) In this section—\n\n***relevant land*** has the same meaning as in section 167.\n\nS. 170 repealed by No. 43/2021 s. 194.\n\nPt 6 Div. 7 Subdiv. 1B (Heading) inserted by No. 43/2021 s. 195.\n\n","sortOrder":232},{"sectionNumber":"Subdiv 1B","sectionType":"subdivision","heading":"Easements","content":"Subdivision 1B—Easements\n\n","sortOrder":233},{"sectionNumber":"171","sectionType":"section","heading":"Powers in relation to easements","content":"\t171 Powers in relation to easements\n\nWithout limiting any other power of a project authority under this Act, if an easement is acquired under this Part, the project authority may carry out or authorise any other person to carry out any works on the land in that easement.\n\nS. 171A inserted by No. 49/2013 s. 63, substituted by No. 43/2021 s. 196.\n\n","sortOrder":234},{"sectionNumber":"171A","sectionType":"section","heading":"Transfer of easements to utilities or transport bodies","content":"\t171A Transfer of easements to utilities or transport bodies\n\n(1) A project authority may transfer an easement vested in the project authority that is project land—\n\n(a) to a utility for the purposes of relocating utility infrastructure as a result of an approved project; or\n\n(b) to a transport body, if that body is capable of holding an easement under another Act.\n\n(2) A project authority, on behalf of the Crown, may transfer an easement vested in the Crown that is project land—\n\n(a) to a utility for the purposes of relocating utility infrastructure as a result of an approved project; or\n\n(b) to a transport body, if that body is capable of holding an easement under another Act.\n\n(3) The project authority must consult the relevant utility or transport body before transferring an easement under this section.\n\n(4) An easement is to be transferred under this section on the terms and conditions determined by the project authority.\n\n(5) An easement that is or purports to be transferred to a utility or transport body under this section is taken to be an easement even though there is no land of the utility or transport body that is benefitted by or capable of being benefitted by the easement.\n\nS. 171A(5A) inserted by No. 48/2024 s. 24.\n\n(5A) On the transfer of an easement to a utility or transport body under this section, the benefit of the easement vests in the utility or transport body.\n\n(6) In this section, a reference to the transfer of an easement includes a reference to the transfer of a right that is taken under this Act to be an easement.\n\n***utility*** includes an entity (whether publicly or privately owned) that provides, or intends to provide, telecommunications services under the authority of an enactment or a law of the Commonwealth.\n\nSubdivision 2—Licences\n\nS. 172 amended by No. 43/2021 s. 197.\n\n","sortOrder":235},{"sectionNumber":"172","sectionType":"section","heading":"Application","content":"\t172 Application\n\nThis Subdivision applies despite anything to the contrary in section 175A of the **Water Industry Act 1994**, the **Land Act 1958**, the **Crown Land (Reserves) Act 1978** or any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\nS. 173 amended by No. 49/2013 s. 64 (ILA s. 39B(1)).\n\n","sortOrder":236},{"sectionNumber":"173","sectionType":"section","heading":"Project authority may issue licence for purposes of approved project","content":"\t173 Project authority may issue licence for purposes of approved project\n\n(1) The project authority, on behalf of the Crown, may issue a licence to any person to enter on and use the whole or part of any project land that is Crown land for the purposes of an approved project.\n\nS. 173(2) inserted by No. 49/2013 s. 64.\n\n(2) The project authority may issue a licence to any person to enter on and use the whole or part of any project land that it holds in fee simple for the purposes of an approved project.\n\n","sortOrder":237},{"sectionNumber":"174","sectionType":"section","heading":"Term of licence","content":"\t174 Term of licence\n\nThe period for which a licence is issued must not exceed the period of the approved project.\n\n","sortOrder":238},{"sectionNumber":"175","sectionType":"section","heading":"Conditions of licence","content":"\t175 Conditions of licence\n\n(1) A licence may be issued subject to any conditions that are not inconsistent with the purposes of an approved project.\n\n(2) A licence that is inconsistent with the purposes of an approved project is invalid only to the extent of the inconsistency.\n\nSubdivision 3—Leases\n\nS. 176 amended by No. 43/2021 s. 198.\n\n","sortOrder":239},{"sectionNumber":"176","sectionType":"section","heading":"Application","content":"\t176 Application\n\nThis Subdivision applies despite anything to the contrary in section 175A of the **Water Industry Act 1994**, the **Land Act 1958**, the **Crown Land (Reserves) Act 1978** or any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\n","sortOrder":240},{"sectionNumber":"177","sectionType":"section","heading":"Leasing powers","content":"\t177 Leasing powers\n\nThe Project Minister, on behalf of the Crown, may grant a lease of any part of the project land that is Crown land for the purposes of an approved project.\n\nS. 178 amended by No. 18/2020 s. 136.\n\n","sortOrder":241},{"sectionNumber":"178","sectionType":"section","heading":"Term of lease over project land that is Crown land","content":"\t178 Term of lease over project land that is Crown land\n\nThe term of a lease over project land that is Crown land must be in accordance with the purposes of an approved project and must not be for a period of greater than 99 years.\n\n","sortOrder":242},{"sectionNumber":"179","sectionType":"section","heading":"Conditions of lease","content":"\t179 Conditions of lease\n\n(1) A lease over project land that is Crown land may be granted subject to any conditions that are not inconsistent with the purposes of an approved project.\n\n(2) A lease over project land that is Crown land that is inconsistent with the purposes of an approved project is invalid only to the extent of the inconsistency.\n\nSubdivision 4—Other land powers\n\n","sortOrder":243},{"sectionNumber":"180","sectionType":"section","heading":"Surplus land","content":"\t180 Surplus land\n\nS. 180(1) amended by No. 43/2021 s. 199.\n\n(1) A Project Minister may determine that certain project land is not required for an approved project and is surplus land if the Project Minister considers it is no longer necessary that the land be used or managed as project land.\n\n(2) The Project Minister must publish a copy of a determination under this section in the Government Gazette.\n\nS. 180(2A) inserted by No. 49/2013 s. 69(8).\n\n(2A) A determination under this section is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\n(3) This section does not apply to leased land or licensed land.\n\nS. 181 substituted by No. 43/2021 s. 200.\n\n","sortOrder":244},{"sectionNumber":"181","sectionType":"section","heading":"Dealing with surplus Crown land","content":"\t181 Dealing with surplus Crown land\n\n(1) The Project Minister, after consulting the Minister administering section 12 of the **Land Act 1958**, on behalf of the Crown, may—\n\n(a) grant, convey or otherwise dispose of surplus land that is Crown land for any estate or interest, subject to any terms, covenants, conditions or limitations that the Project Minister determines; or\n\n(b) grant a lease or licence over surplus land that is Crown land, subject to any terms, covenants, conditions or limitations that the Project Minister determines.\n\n(2) The proceeds derived from the grant of an estate in fee simple under this section, less any costs incurred in granting the estate in fee simple, must be paid into the Consolidated Fund.\n\n(3) This section applies despite anything to the contrary in the **Land Act 1958**.\n\nS. 182 (Heading) amended by No. 43/2021 s. 201(1).\n\n","sortOrder":245},{"sectionNumber":"182","sectionType":"section","heading":"Removal of reservation of Crown land before estates or interests granted under section 181","content":"\t182 Removal of reservation of Crown land before estates or interests granted under section 181\n\nS. 182(1) amended by No. 43/2021 s. 201(2).\n\n(1) Before granting an estate in fee simple in any Crown land under section 181, the Project Minister on—\n\n(b) being satisfied that the land shown on the plan represents that part of the reservation to be revoked—\n\nmust recommend to the Governor in Council that the part of the reservation relating to the Crown land that is intended to be sold be revoked.\n\nS. 182(2) amended by No. 43/2021 s. 201(3).\n\n(2) On receiving the Project Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may revoke the reservation including, as necessary, the following—\n\n(b) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land—\n\nto the extent that the revocation of the reservation, Order in Council, Crown grant, certificate of title or folio relates to the land shown on the plan.\n\nS. 182(3) inserted by No. 49/2013 s. 69(9).\n\n(3) An Order made under subsection (2) is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\nS. 183 amended by No. 49/2013 s. 69(10), substituted by No. 43/2021 s. 202.\n\n","sortOrder":246},{"sectionNumber":"183","sectionType":"section","heading":"Reservation of surplus land—Crown","content":"\t183 Reservation of surplus land—Crown\n\n(1) The Project Minister, after consulting the Minister administering the **Crown Land (Reserves) Act 1978**, may recommend to the Governor in Council that an Order be made under this section in respect of all or part of any surplus land that is Crown land.\n\n(2) On the recommendation of the Project Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may—\n\n(a) if the relevant surplus land is reserved Crown land—\n\n(i) revoke the reservation including, as necessary, the following—\n\n(A) any Order in Council reserving the land;\n\n(B) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land; and\n\n(ii) reserve the relevant surplus land for a public purpose; or\n\n(b) if the relevant surplus land is unreserved Crown land, reserve the relevant surplus land for a public purpose.\n\n(3) An Order published under this section must state the purpose for which the land that is the subject of the Order is reserved.\n\n(4) On the publication of an Order under this section in respect of surplus land that is reserved Crown land—\n\n(a) subject to paragraph (e), that land is taken to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) without limiting paragraph (a), any reservation of that land under the **Crown Land (Reserves) Act 1978** in force immediately before that publication is revoked; and\n\n(c) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and\n\n(d) any regulations under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to that land; and\n\n(e) that land is taken to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for the purpose stated in the Order.\n\n(5) On the publication of an Order under this section in respect of surplus land that is unreserved Crown land—\n\n(a) subject to paragraph (b), that land is taken to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) that land is taken to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for the purpose stated in the Order.\n\n(6) The reservation of land under subsection (4)(e) or (5)(b) may be amended, revoked or otherwise dealt with in accordance with—\n\n(b) any provision of this Act that provides for the reservation of Crown land to be amended, revoked or otherwise dealt with.\n\n(7) An Order made under this section is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\n","sortOrder":247},{"sectionNumber":"184","sectionType":"section","heading":"Project authority may enter into agreements for surplus land","content":"\t184 Project authority may enter into agreements for surplus land\n\n(1) A project authority alone or jointly with any other person may enter into an agreement with another person (the ***purchaser***) concerning the use or development of any surplus land—\n\n(a) on disposing of the whole of its interest in the land to the purchaser; or\n\n(b) in anticipation of disposing of the whole of its interest in the land to the purchaser.\n\n(2) Division 2 of Part 9 of the **Planning and Environment Act 1987** applies to an agreement under subsection (1) as if—\n\n(a) that agreement were an agreement under that Division; and\n\n(b) that Division referred to the project authority instead of the responsible authority for the planning scheme; and\n\n(c) section 174(2)(c) were omitted; and\n\n(d) sections 177(2), 178 and 179(1) referred to a Project Minister under this Act instead of the Minister.\n\n","sortOrder":248},{"sectionNumber":"185","sectionType":"section","heading":"Disposition of surplus land—fee simple land","content":"\t185 Disposition of surplus land—fee simple land\n\nA project authority may sell, lease or licence any surplus land that it holds in fee simple.\n\nPt 6 Div. 7 Subdiv. 5 (Heading and ss 185A–185G) inserted by No. 48/2024 s. 25.\n\nSubdivision 5—Community asset agreements\n\nS. 185A inserted by No. 48/2024 s. 25.\n\n","sortOrder":249},{"sectionNumber":"185A","sectionType":"section","heading":"Land Acts and other Acts (other than Charter of Human Rights and Responsibilities Act 2006) not to apply","content":"\t185A Land Acts and other Acts (other than Charter of Human Rights and Responsibilities Act 2006) not to apply\n\nThis Subdivision has effect despite anything to the contrary in the **Crown Land (Reserves) Act 1978**, the **Land Act 1958** or any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\nS. 185B inserted by No. 48/2024 s. 25.\n\n","sortOrder":250},{"sectionNumber":"185B","sectionType":"section","heading":"Definition","content":"\t185B Definition\n\nIn this Subdivision—\n\n***community asset agreement*** means an agreement entered into under section 185D(1).\n\nS. 185C inserted by No. 48/2024 s. 25.\n\n","sortOrder":251},{"sectionNumber":"185C","sectionType":"section","heading":"Meaning of *community asset*","content":"\t185C Meaning of *community asset*\n\n(1) For the purposes of this Subdivision, ***community asset*** means an asset or thing for public use or amenity that is constructed or located on Crown land as part of an approved project.\n\n(2) Without limiting subsection (1), the following assets or things may be a ***community asset***—\n\n(a) a basketball court, skatepark or playground;\n\n(b) a carpark, bus stop, pedestrian bridge, crossing, footpath or shared use path;\n\n(c) a sign, drain, light or fence;\n\n(d) a garden or other form of landscaping.\n\nS. 185D inserted by No. 48/2024 s. 25.\n\n","sortOrder":252},{"sectionNumber":"185D","sectionType":"section","heading":"Power to enter into community asset agreements","content":"\t185D Power to enter into community asset agreements\n\n(1) The project authority, on behalf of the Crown and with the approval of the Project Minister, may enter into an agreement with a Council or a public authority for a community asset.\n\n(2) A community asset agreement may provide for the following in relation to a community asset—\n\n(a) the use of Crown land on which the community asset is constructed or located;\n\n(b) access to and from Crown land on which the community asset is constructed or located, including the provision of access over other Crown land;\n\n(c) rights and obligations in relation to the community asset, including responsibility for maintenance and liability;\n\n(d) notification and approval processes for the alteration, renewal or replacement of the community asset;\n\n(e) ownership of the community asset, including upon expiration of the community asset agreement.\n\nS. 185E inserted by No. 48/2024 s. 25.\n\n","sortOrder":253},{"sectionNumber":"185E","sectionType":"section","heading":"Period and effect of community asset agreements","content":"\t185E Period and effect of community asset agreements\n\n(1) The term of a community asset agreement must not be for a period exceeding 25 years.\n\n(2) A community asset agreement may continue to operate after the completion of the approved project.\n\n(3) A community asset agreement that provides for the ownership of a community asset does not affect the status of the land on which the community asset is constructed or located as Crown land.\n\nS. 185F inserted by No. 48/2024 s. 25.\n\n","sortOrder":254},{"sectionNumber":"185F","sectionType":"section","heading":"Community asset agreement must not be inconsistent with Crown land reservation","content":"\t185F Community asset agreement must not be inconsistent with Crown land reservation\n\nIf a community asset is constructed or located on reserved Crown land, the community asset agreement must not be inconsistent with the purpose of the reservation of the Crown land.\n\nS. 185G inserted by No. 48/2024 s. 25.\n\n","sortOrder":255},{"sectionNumber":"185G","sectionType":"section","heading":"Notice of community asset agreements","content":"\t185G Notice of community asset agreements\n\n(1) Within 20 business days after entering into a community asset agreement, the project authority must give notice of the community asset agreement to—\n\n(a) for a community asset that is constructed or located on reserved Crown land, the Minister administering the **Crown Land (Reserves) Act 1978**; or\n\n(b) for a community asset that is constructed or located on unreserved Crown land, the Minister administering the **Land Act 1958**.\n\n(2) A notice under subsection (1) must—\n\n(a) include a description of a community asset that is a subject of the community asset agreement; and\n\n(b) identify the Crown land on which the community asset is constructed or located.\n\nDivision 8—Road management\n\nSubdivision 1—Powers in relation to roads\n\nS. 186 substituted by No. 43/2021 s. 203.\n\n","sortOrder":256},{"sectionNumber":"186","sectionType":"section","heading":"Works powers in relation to roads","content":"\t186 Works powers in relation to roads\n\nS. 186(1) substituted by No. 48/2024 s. 26.\n\n(1) Despite anything to the contrary in the **Road Management Act 2004**, a project authority or a person authorised in writing by a project authority may, for the purposes of an approved project or any purpose connected with an approved project—\n\n(a) enter, occupy and use a road; and\n\n(b) carry out works to, on, over or under, or in relation to, a road.\n\n***works*** includes—\n\n(a) the carrying out of improvements to, or maintenance or construction of—\n\n(i) road infrastructure; or\n\n(ii) non-road infrastructure; and\n\n(b) the causing of fences, posts or other structures to be erected—\n\n(i) along a road; or\n\n(ii) along a roadway; or\n\n(ii) along or across any entrance, approach or means of access to a road or a roadway.\n\nS. 186A inserted by No. 43/2021 s. 203.\n\n","sortOrder":257},{"sectionNumber":"186A","sectionType":"section","heading":"Power to discontinue or realign a road","content":"\t186A Power to discontinue or realign a road\n\nS. 186A(1) amended by No. 48/2024 s. 27(a).\n\n(1) Subject to this section, a project authority, for the purposes of an approved project or any purpose connected with an approved project, by notice published in the Government Gazette, may do either or both of the following—\n\n(a) discontinue a road;\n\n(b) realign a road.\n\n(2) A project authority must not publish a notice under subsection (1) to realign a road if to do so would result in land other than specified land becoming a road.\n\n(3) For the purposes of subsection (2), specified land is—\n\n(b) land owned by the project authority; or\n\n(c) land owned by a person other than the project authority—\n\n(i) that is under the management or control of the project authority; and\n\n(ii) in relation to which the project authority has obtained the written consent of that person to use that land as a realigned road or part of a realigned road.\n\n(4) A notice under subsection (1) must—\n\n(a) specify the date on which the notice takes effect (which must not be earlier than the date on which the notice is published in the Government Gazette); and\n\n(b) in the case of the discontinuance of a road, include a description of the road to be discontinued; and\n\n(c) in the case of the realignment of a road—\n\nS. 186A(4)(c)(i) amended by No. 48/2024 s. 27(b).\n\n(i) include either or both of the following (as the case requires)—\n\nS. 186A (4)(c)(i)(A) amended by No. 48/2024 s. 27(c).\n\n(A) a description of the land that will no longer be part of the realigned road;\n\n(B) a description of the land that will become part of the realigned road; and\n\n(ii) specify whether the realigned road will be taken to be, under section 186C—\n\n(A) a freeway; or\n\n(B) an arterial road; or\n\n(C) a non-arterial State road; or\n\n(D) a municipal road.\n\n(5) In addition, a notice under subsection (1) may specify that—\n\n(a) in the case of a discontinued road that is not Crown land, the land described in the notice under subsection (4)(b) will vest in fee simple in the project authority or a specified transport body under section 186B; and\n\nS. 186A(5)(b) amended by No. 48/2024 s. 27(d).\n\n(b) in the case of a realigned road, any land described in the notice under subsection (4)(c)(i)(A), if it is not Crown land, will vest in fee simple in the project authority or a specified transport body under section 186C.\n\n(6) A description required under subsection (4)(b) or (c)(i) may be by reference to a map or plan included in a notice under subsection (1).\n\nS. 186B inserted by No. 43/2021 s. 203.\n\n","sortOrder":258},{"sectionNumber":"186B","sectionType":"section","heading":"Effect of notice of discontinuance of road","content":"\t186B Effect of notice of discontinuance of road\n\n(1) On the day on which a notice under section 186A(1)(a) takes effect, the road described in the notice—\n\n(a) ceases to be a road and all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and\n\n(b) subject to subsection (2), is taken to be—\n\n(i) unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(ii) temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the approved project.\n\n(2) If a notice under section 186A(1)(a) specifies that land is to vest in fee simple in the project authority or a specified transport body—on the day the notice takes effect, that land vests in fee simple in the authority or that specified transport body freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and other interests.\n\nSee also section 186A(5)(a).\n\n(3) The reservation under subsection (1)(b)(ii) may be amended, revoked and otherwise dealt with in accordance with—\n\n(b) any provision of this Act that provides for the reservation of Crown land to be amended, revoked or otherwise dealt with.\n\n(4) This section applies despite anything to the contrary in section 10 of the **Road Management Act 2004** or any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\nS. 186C inserted by No. 43/2021 s. 203.\n\n","sortOrder":259},{"sectionNumber":"186C","sectionType":"section","heading":"Effect of notice of realignment of road","content":"\t186C Effect of notice of realignment of road\n\n(1) On the day on which a notice under section 186A(1)(b) takes effect—\n\nS. 186C(1)(a) amended by No. 48/2024 s. 28(a).\n\n(a) any land described in the notice under section 186A(4)(c)(i)(A)—\n\n(i) ceases to be a road and all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and\n\n(ii) subject to subsection (2), is taken to be—\n\n(A) unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(B) temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the approved project; and\n\nS. 186C(1)(b) amended by No. 48/2024 s. 28(a).\n\n(b) any land described in the notice under section 186A(4)(c)(i)(B) is—\n\n(i) dedicated to the public as a highway within the meaning of the common law and any Act; and\n\nS. 186C (1)(b)(ii) substituted by No. 48/2024 s. 28(b).\n\n(ii) taken to be a highway within the meaning of the **Road Safety Act 1986**; and\n\nS. 186C(1)(c) inserted by No. 48/2024 s. 28(c).\n\n(c) the realigned road is taken to be declared under section 14 of the **Road Management Act 2004** to be a freeway, an arterial road, a non-arterial State road or a municipal road as specified in the notice under section 186A(4)(c)(ii).\n\n(2) If a notice under section 186A(1)(b) specifies that land is to vest in fee simple in the public authority or a specified transport body—on the day the notice takes effect, that land vests in fee simple in the authority or that specified transport body freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and other interests.\n\nSee also section 186A(5)(b).\n\n(3) The reservation under subsection (1)(a)(ii)(B) may be amended, revoked and otherwise dealt with in accordance with—\n\n(b) any provision of this Act that provides for the reservation of Crown land to be amended, revoked or otherwise dealt with.\n\n(4) This section applies despite anything to the contrary in section 10 of the **Road Management Act 2004** or any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\nS. 186D inserted by No. 43/2021 s. 203.\n\n","sortOrder":260},{"sectionNumber":"186D","sectionType":"section","heading":"Other powers relating to the management of roads and traffic","content":"\t186D Other powers relating to the management of roads and traffic\n\nS. 186D(1) amended by No. 48/2024 s. 29.\n\n(1) A project authority may, for the purposes of an approved project or any purpose connected with an approved project, do any one or more of the following—\n\n(a) provide for temporary roadways on relevant land;\n\n(b) temporarily deviate a road over relevant land;\n\n(c) temporarily divert traffic onto a temporary roadway or a temporarily deviated road;\n\n(d) close a road to traffic;\n\n(e) open a road to traffic.\n\n***relevant land*** means—\n\n(b) land owned by the project authority; or\n\n(c) land temporarily occupied by a project authority under this Part; or\n\nSection 165D.\n\n(d) land occupied and used under section 167; or\n\n(e) land within a road reserve (within the meaning of the **Road Management Act 2004**); or\n\n(f) land owned by a person other than the project authority—\n\n(i) that is under the management or control of the project authority; and\n\n(ii) in relation to which the project authority has obtained the written consent of that person to use that land as a temporary road.\n\nS. 186E (Heading) amended by No. 48/2024 s. 30(1).\n\nS. 186E inserted by No. 43/2021 s. 203.\n\n","sortOrder":261},{"sectionNumber":"186E","sectionType":"section","heading":"Notification of exercise of road powers relating to temporary deviations","content":"\t186E Notification of exercise of road powers relating to temporary deviations\n\nS. 186E(1) amended by No. 48/2024 s. 30(2)(a).\n\n(1) A project authority must publish in the Government Gazette notice of the doing of either or both of the following under section 186D by the project authority—\n\n(a) the temporary deviation of a road;\n\nS. 186E(1)(b) amended by No. 48/2024 s. 30(2)(b).\n\n(b) the temporary diversion of traffic onto a temporary roadway or a temporarily deviated road.\n\nS. 186E(1)(c) repealed by No. 48/2024 s. 30(2)(c).\n\n(2) A notice under subsection (1) must specify the date on which, as the case requires—\n\n(a) the temporary deviation of the road commences; or\n\nS. 186E(2)(b) amended by No. 48/2024 s. 30(3)(a).\n\n(b) the temporary diversion of traffic onto a temporary roadway or a temporarily deviated road commences.\n\nS. 186E(2)(c) repealed by No. 48/2024 s. 30(3)(b).\n\n(3) The date specified under a notice under subsection (1) must not be earlier than the date on which the notice is published in the Government Gazette.\n\nS. 186F inserted by No. 48/2024 s. 31.\n\n","sortOrder":262},{"sectionNumber":"186F","sectionType":"section","heading":"Notification of exercise of road power relating to road closures","content":"\t186F Notification of exercise of road power relating to road closures\n\n(1) A project authority must cause to be published on the Department's Internet site notice of the closing of a road to traffic under section 186D(1)(d).\n\n(2) A notice under subsection (1) must specify the date on which the closure of the road commences, which must be at least one day after the date on which the notice is published on the Internet site.\n\nS. 187 amended by No. 43/2021 s. 204.\n\n","sortOrder":263},{"sectionNumber":"187","sectionType":"section","heading":"Project authority to advise coordinating road authority before exercising power","content":"\t187 Project authority to advise coordinating road authority before exercising power\n\nA project authority must advise the relevant coordinating road authority before the exercise of any power under section 186, 186A or 186D.\n\nS. 188 substituted by No. 43/2021 s. 205.\n\n","sortOrder":264},{"sectionNumber":"188","sectionType":"section","heading":"Exercise of road powers by relevant road authorities","content":"\t188 Exercise of road powers by relevant road authorities\n\n(1) Subject to section 189, a road authority must not exercise any powers in relation to a road under any Act or law in a manner that is inconsistent with—\n\n(a) the purposes of an approved project; or\n\n(b) the exercise of any powers under—\n\n(i) section 186, 186A or 186D; or\n\n(ii) Subdivision 3.\n\n(2) To avoid doubt, a reference in this section to a road authority includes a reference to an entity that is a road authority exercising powers in relation to a road conferred on the entity under any Act other than as a road authority.\n\nExample to s. 188(2) amended by No. 48/2024 s. 44(5).\n\nA Council is a road authority under the **Road Management Act 2004** and may exercise powers in relation to roads under that Act as a road authority. A Council may also exercise powers in relation to roads, as a Council, under the **Local Government Act 1989**.\n\nS. 189 substituted by No. 43/2021 s. 205.\n\n","sortOrder":265},{"sectionNumber":"189","sectionType":"section","heading":"Project authority consent required for certain road works or to discontinue a road","content":"\t189 Project authority consent required for certain road works or to discontinue a road\n\nS. 189(1) amended by No. 48/2024 s. 44(6).\n\n(1) Despite anything to the contrary in the **Road Management Act 2004**, the **Local Government Act 1989** or any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or at law, a road authority must not—\n\n(a) carry out works to, on or over, or in relation to a road within a project area that are not routine maintenance works; or\n\n(b) discontinue a road within a project area—\n\nwithout the consent, under this section, of the project authority for the approved project to which the project area relates (the ***relevant project authority***).\n\n(2) A road authority may apply to the relevant project authority for the authority's consent for the purposes of subsection (1).\n\n(3) An application under subsection (2) must describe in sufficient detail the intended works or discontinuance of the road to enable the project authority to understand the nature of the intended works or discontinuance.\n\n(4) On receiving an application under subsection (2), the relevant project authority must decide whether the intended works or discontinuance of the road will be consistent with the purposes of the project.\n\n(5) If the relevant project authority decides that the intended works or discontinuance of the road will be consistent with the purposes of the project, the authority must give its written consent to the road authority to do the thing specified in the application.\n\n(6) If the relevant project authority decides that the intended works or discontinuance of the road will be inconsistent with the purposes of the project, the authority may—\n\n(a) by written notice, refuse to give its consent to the road authority to do the thing specified in the application; or\n\n(b) in the case of intended works, give its written consent to the road authority subject to any conditions or limitations specified in the consent for the purposes of managing the inconsistency between the intended works and the purposes of the approved project.\n\n(7) The relevant project authority must make a decision under subsection (4) within 14 days after receiving an application under subsection (2).\n\n(8) If the relevant project authority does not make a decision as required under subsection (7), the relevant project authority is taken to have given its consent to the road authority for the road authority to do the thing specified in the application.\n\n(9) To avoid doubt, a reference in this section to a road authority includes a reference to an entity that is a road authority exercising powers in relation to a road conferred on the entity under any Act other than as a road authority.\n\nExample to s. 189(9) amended by No. 48/2024 s. 44(7).\n\nA Council is a road authority under the **Road Management Act 2004** and may exercise powers in relation to roads under that Act as a road authority. A Council may also exercise powers in relation to roads, as a Council, under the **Local Government Act 1989**.\n\nS. 190 repealed by No. 43/2021 s. 206.\n\nS. 191 (Heading) amended by No. 43/2021 s. 207(1).\n\n","sortOrder":266},{"sectionNumber":"191","sectionType":"section","heading":"Compensation for denial of access following discontinuation or realignment of road","content":"\t191 Compensation for denial of access following discontinuation or realignment of road\n\nS. 191(1) amended by No. 43/2021 s. 207(2).\n\n(1) Subject to subsection (2), a project authority is liable to pay compensation in accordance with this section if the effect of the exercise of a power under section 186A to discontinue or realign a road is that existing access to any land is denied.\n\nS. 191(2)(c) amended by No. 43/2021 s. 207(3).\n\n(c) a claim for compensation is not served on the project authority within one year of the exercise of the power under section 186A.\n\n(3) For the purposes of determining whether alternative access to the land is adequate, no regard is to be had as to which stream of traffic has access to the land.\n\n(4) Compensation is to be determined on the basis of the diminution in the value of the land to which access is denied as a direct result of the loss of access to that land.\n\n(5) Parts 10 and 11 and section 37 of the **Land Acquisition and Compensation Act 1986**, with any necessary modifications, apply to the determination of compensation under this section as if the claim were a claim under section 37 of that Act.\n\nS. 191(6) amended by No. 43/2021 s. 207(4).\n\n(6) Section 127 of the **Road Management Act 2004** does not apply in respect of any matter for which compensation is payable under this section.\n\nS. 191A inserted by No. 43/2021 s. 208.\n\n","sortOrder":267},{"sectionNumber":"191A","sectionType":"section","heading":"Compensation for temporary diversions or deviations of road that deny access","content":"\t191A Compensation for temporary diversions or deviations of road that deny access\n\n(1) Subject to subsection (2), a project authority is liable to pay compensation in accordance with this section to a person who has interest in land who sustains a pecuniary loss or incurs an expense as a direct, natural and reasonable consequence of the exercise of a power under section 186D(1)(b) or (c) if the effect of the exercise of that power is that access to that land is denied.\n\nSection 186D(1)(b) provides for the temporary deviation of a road. Section 186D(1)(c) provides for the temporary deviation of traffic onto a temporary roadway or a temporarily deviated road.\n\n(c) a claim for compensation is not served on the project authority within one year of the end of the temporary deviation of a road or temporary deviation of traffic (as the case requires).\n\n(3) For the purposes of determining whether alternative access to the land is adequate, no regard is to be had as to which stream of traffic has access to the land.\n\n(4) Any claim for compensation under this section must be made and dealt with in accordance with the **Land Acquisition and Compensation Act 1986** as if it were a claim under section 47(1) of that Act.\n\n(5) Section 127 of the **Road Management Act 2004** does not apply in respect of any matter for which compensation is payable under this section.\n\nS. 192 amended by No. 43/2021 s. 209(1)(2) (ILA s. 39B(1)).\n\n","sortOrder":268},{"sectionNumber":"192","sectionType":"section","heading":"Compensation for affected utilities","content":"\t192 Compensation for affected utilities\n\n(1) A project authority is liable to pay compensation in accordance with this section to a utility that has been adversely affected by the exercise of a power under section 186A(1)(a) or (b) or 186D(1)(b) or (c).\n\nNote to s. 192(1) inserted by No. 43/2021 s. 209(3).\n\nSection 186A(1)(a) provides for the discontinuance of a road. Section 186A(1)(b) provides for the realignment of a road. Section 186D(1)(b) provides for the temporary deviation of a road. Section 186D(1)(c) provides for the temporary deviation of traffic onto a temporary roadway or a temporarily deviated road.\n\nS. 192(2) inserted by No. 43/2021 s. 209(2).\n\n(2) Subsection (1) does not apply if the adverse effect on a utility is a lack of access to land and there is an alternative method of access to that land.\n\nSubdivision 2—Road declaration powers\n\nS. 193 amended by No. 8/2019 s. 113, substituted by No. 48/2024 s. 32.\n\n","sortOrder":269},{"sectionNumber":"193","sectionType":"section","heading":"Declaration of roads and designation of ancillary areas","content":"\t193 Declaration of roads and designation of ancillary areas\n\n(1) A project authority may, for the purposes of an approved project or any purpose connected with an approved project, by notice published in the Government Gazette—\n\n(a) declare relevant land or a part of relevant land to be a road (other than an ancillary area within the meaning of the **Road Management Act 2004**); or\n\n(b) designate relevant land or a part of relevant land as an ancillary area to be maintained by a responsible road authority as ancillary to a public road.\n\nAny area which is a \"park and ride\" carpark, rest stop or scenic lookout could be designated as an ancillary area.\n\n(2) In addition, but subject to subsection (3), a project authority may, under a notice under subsection (1)(a), fix the boundary of a road that is declared under the notice.\n\n(3) Before fixing the boundary of a road that is to be declared under a notice under subsection (1)(a), the project authority must obtain the approval of—\n\n(a) in the case of a road that is to vest in the Crown, or a body representing the Crown—the Surveyor-General after the Surveyor-General has consulted the Registrar of Titles; and\n\n(b) in the case of any other road—the Registrar of Titles.\n\n(4) On the publication of a notice under subsection (1)(a)—\n\n(a) the road the subject of the declaration is taken to be—\n\n(i) dedicated to the public as a public highway within the meaning of the common law or any Act; and\n\n(ii) a highway within the meaning of the **Road Safety Act 1986**; and\n\n(b) if the boundary of the road is fixed under the notice, the land affected by the fixing of that boundary becomes part of the road.\n\n(5) If a project authority declares a road under subsection (1)(a), the project authority must also classify the road under section 194.\n\n(6) For the purposes of subsection (1), the project authority must obtain the written consent of the following persons if the relevant land or the part of the relevant land is—\n\n(a) reserved Crown land that is not project land—the Minister administering the **Crown Land (Reserves) Act 1978**; or\n\n(b) unreserved Crown land that is not project land—the Minister administering the **Land Act 1958**; or\n\n(c) administered under the **Forests Act 1958**—the Minister administering that Act; or\n\n(d) administered under the **National Parks Act 1975**—the Minister administering that Act; or\n\n(e) under the management or control of the project authority but not owned by the project authority—the owner of the land.\n\n(7) If an ancillary area is designated under subsection (1)(b)—\n\n(a) the ancillary area is taken to be an ancillary area within the meaning of the **Road Management Act 2004** as though it were designated under section 18 of that Act; and\n\n(b) the designation must be recorded in the register of public roads (within the meaning of the **Road Management Act 2004**) kept by the coordinating road authority for that road.\n\n(8) This section is to be construed as being in addition to, and not in derogation from, any other manner in which land may be dedicated as a public highway or an ancillary area by or under any other Act or the common law.\n\n(9) This section does not affect the grant or operation of a lease or licence of any part of any land within the project area that is declared to be a road despite anything to the contrary in Schedule 5 to the **Road Management Act 2004**.\n\n(10) In this section—\n\n***public highway*** means any area of land that is a highway for the purposes of the common law;\n\n***public road*** has the same meaning as in the **Road Management Act 2004**;\n\n***relevant land*** means—\n\n(b) land within the project area that is—\n\n(i) owned by the project authority; or\n\n(ii) under the management or control of the project authority that is not owned by the project authority; or\n\n(iii) Crown land;\n\n***responsible road authority*** has the same meaning as in the **Road Management Act 2004**.\n\nS. 194 substituted by No. 48/2024 s. 32.\n\n","sortOrder":270},{"sectionNumber":"194","sectionType":"section","heading":"Road classification for the purposes of Road Management Act 2004 and naming of roads","content":"\t194 Road classification for the purposes of Road Management Act 2004 and naming of roads\n\n(1) The project authority, by notice published in the Government Gazette, may do either or both of the following—\n\n(a) classify a road declared under section 193 as—\n\n(i) a freeway; or\n\n(ii) an arterial road; or\n\n(iii) a non-arterial State road; or\n\n(iv) a municipal road; or\n\n(b) name a road declared under section 193.\n\n(2) In naming a road under a notice under subsection (1), the project authority must—\n\n(a) act in accordance with the guidelines in force for the time being under the **Geographic Place Names Act 1998**; and\n\n(b) advise the Registrar under that Act of the action the authority has taken under this section in relation to the naming of the road.\n\n(3) A classification or naming of a road under this section may be included in the notice under section 193 which declares the road.\n\n(4) A notice under subsection (1) takes effect—\n\n(a) on the day the notice is published in the Government Gazette; or\n\n(b) if a later date is specified in the notice, on that date.\n\n(5) On the commencement of a notice under subsection (1), a road to which the notice applies is taken to be declared under section 14 of the **Road Management Act 2004** to be a freeway, an arterial road, a non-arterial State road or a municipal road as specified in the notice.\n\n(6) This section applies despite anything to the contrary in the **Road Management Act 2004**.\n\nThe project authority may, by notice under this section, amend or revoke a previous notice made under this section—see section of 41A of the **Interpretation of Legislation Act 1984**.\n\nS. 195 substituted by No. 48/2024 s. 32.\n\n","sortOrder":271},{"sectionNumber":"195","sectionType":"section","heading":"Project authority consent required for road declaration by road authority in project area","content":"\t195 Project authority consent required for road declaration by road authority in project area\n\n(1) Despite anything to the contrary in the **Road Management Act 2004** or the **Local Government Act 1989**—\n\n(a) a road authority that is not the project authority must not declare a road under section 11 or 14 of the **Road Management Act 2004** in the project area; or\n\n(b) a Council that is not the project authority must not declare a road under section 204 of the **Local Government Act 1989** in the project area—\n\nwithout the consent, under this section, of the project authority for the approved project to which the project area relates (the ***relevant project authority***).\n\n(2) A road authority or Council may apply to the relevant project authority for the project authority's consent for the purposes of subsection (1).\n\n(3) An application under subsection (2) must include a draft of the notice to be published in the Government Gazette declaring the road.\n\n(4) The relevant project authority must make a decision on the application and give the road authority or Council written notice of the decision within 14 days after receiving the application.\n\n(5) If the relevant project authority does not give written notice as required under subsection (4), the relevant project authority is taken to have given its consent to the road authority or Council for the declaration of the road.\n\nPt 6 Div. 8 Subdiv. 3 (Heading and ss 195A− 195E) inserted by No. 43/2021 s. 210.\n\nSubdivision 3—Powers related to closed roads\n\nS. 195A inserted by No. 43/2021 s. 210.\n\n","sortOrder":272},{"sectionNumber":"195A","sectionType":"section","heading":"Powers concerning the leaving standing of vehicles in parking areas on roads","content":"\t195A Powers concerning the leaving standing of vehicles in parking areas on roads\n\nS. 195A(1) amended by No. 48/2024 s. 33(1).\n\n(1) Despite anything to the contrary under the **Road Safety Act 1986** or under any rules or regulations made under that Act, a project authority may fix, rescind or vary the days, hours and periods of time for which, and the conditions on which, vehicles may stand in a parking area on a highway or other parking area that is a road that is, or is in the process of being, closed to traffic under section 186D.\n\nS. 195A(1A) inserted by No. 48/2024 s. 33(2).\n\n(1A) Despite anything to the contrary in the **Road Management Act 2004**, the **Road Safety Act 1986** or any rules or regulations made under those Acts, a project authority or a person authorised by a project authority may take any action it or they consider necessary to give effect to the exercise of a power under subsection (1), including erecting, displaying, placing, removing, altering or interfering with—\n\n(a) a parking control sign within the meaning of the Road Safety Road Rules 2017; or\n\n(b) a traffic control device within the meaning of the Road Safety Road Rules 2017.\n\nS. 195A(2) amended by No. 48/2024 s. 33(3).\n\n(2) As soon as practicable after doing a thing under subsection (1) or (1A), a project authority must give written notice to the relevant coordinating road authority and relevant responsible road authority of the doing of that thing.\n\n(3) A notice under subsection (2) must describe the thing done.\n\n(4) In this section—\n\n***highway*** has the same meaning as in the **Road Safety Act 1986**;\n\n***parking area*** has the meaning it has under the **Road Safety Act 1986** or under any rules or regulations made under that Act;\n\nS. 195A(4) def. of *relevant coordinating road authority* amended by No. 48/2024 s. 33(4).\n\n***relevant coordinating road authority*** means the coordinating road authority for the road that is a parking area on a highway, or other parking area, that is, or is in the process of being, closed to traffic under section 186D;\n\nS. 195A(4) def. of *relevant responsible road authority* amended by No. 48/2024 s. 33(4).\n\n***relevant responsible road authority*** means a responsible road authority (within the meaning of the **Road Management Act 2004**) for the road that is a parking area on a highway, or other parking area, that is, or is in the process of being, closed to traffic under section 186D.\n\nS. 195B inserted by No. 43/2021 s. 210.\n\n","sortOrder":273},{"sectionNumber":"195B","sectionType":"section","heading":"Removal of stationary vehicles","content":"\t195B Removal of stationary vehicles\n\n(a) a project authority has closed a road to traffic under section 186D; and\n\n(b) on that road there is—\n\n(i) parked or left standing an unregistered vehicle; or\n\n(ii) a vehicle unlawfully parked or left standing in an area designated under clause 5(1)(b) of Schedule 4 to the **Road Management Act 2004**; or\n\n(iii) a vehicle that, in the opinion of the project authority, is abandoned; or\n\n(iv) a vehicle causing an unlawful obstruction; and\n\n(c) the project authority is of the opinion that the vehicle is obstructing or delaying the carrying out of works—\n\n(i) for the purposes of an approved project; and\n\n(ii) for which the road is closed.\n\n(2) Subject to this section, the project authority may—\n\n(a) enter the vehicle using, if necessary, reasonable force, for the purpose of conveniently or expeditiously moving it; and\n\n(b) move the vehicle to the nearest convenient place; and\n\n(c) store the vehicle.\n\n(3) Except in the case of an unregistered vehicle or abandoned vehicle, before a power under subsection (2) is exercised in respect of the vehicle, the project authority must—\n\n(a) make reasonable endeavours to give the registered operator a notice that contains the specified matter; and\n\n(b) arrange for the affixing of a copy of the notice under paragraph (a) on the vehicle.\n\n(4) In addition, except in the case of an unregistered vehicle or abandoned vehicle, a project authority may exercise a power under subsection (2) in respect of a vehicle only after—\n\n(a) making the reasonable endeavours referred to in subsection (3)(a); or\n\n(b) 48 hours after the affixing of a notice under subsection (3)(b)—\n\nwhichever occurs last.\n\n(5) For the purposes of subsection (3), the specified matter is—\n\n(a) a description of the basis for the exercise of a power under subsection (2) in respect of the vehicle; and\n\n(b) a description of the powers that may be exercised under subsection (2) in respect of the vehicle; and\n\n(c) the date on or after which the powers under subsection (2) will be exercised in respect of the vehicle if the vehicle is not moved to a place where it is not obstructing or delaying the carrying out of works for which the road is closed.\n\n(6) In this section—\n\n***registered operator***, of a vehicle, has the same meaning as in the **Road Safety Act 1986**;\n\n***vehicle*** includes anything attached to, within, or on, the vehicle.\n\nS. 195C inserted by No. 43/2021 s. 210.\n\n","sortOrder":274},{"sectionNumber":"195C","sectionType":"section","heading":"Power to move other obstructions","content":"\t195C Power to move other obstructions\n\n(a) a project authority has closed a road to traffic under section 186D; and\n\n(b) on that road there is a thing (other than a vehicle) that the project authority is of the opinion is obstructing or delaying the carrying out of works for which the road is closed.\n\n(2) If the thing appears to be abandoned, the project authority may remove the thing.\n\n(3) In any other case, the project authority may move the thing to the nearest convenient place and store the thing if—\n\n(a) the project authority cannot find the person responsible for, or who is in control of, the thing despite making reasonable enquiries; or\n\n(b) the project authority has directed the person responsible for, or in control of, the thing to move it and that person has not complied with the direction.\n\nS. 195D inserted by No. 43/2021 s. 210.\n\n","sortOrder":275},{"sectionNumber":"195D","sectionType":"section","heading":"Recovery of costs incurred for moving and storing vehicles and other obstructions","content":"\t195D Recovery of costs incurred for moving and storing vehicles and other obstructions\n\nA project authority may recover in any court of competent jurisdiction, as a debt due to it, any reasonable costs it incurs in moving or storing a vehicle or thing under section 195B or 195C from the owner of the vehicle or thing.\n\nS. 195E inserted by No. 43/2021 s. 210.\n\n","sortOrder":276},{"sectionNumber":"195E","sectionType":"section","heading":"Secretary may disclose certain information for the purposes arranging the moving of vehicles from closed roads","content":"\t195E Secretary may disclose certain information for the purposes arranging the moving of vehicles from closed roads\n\n(1) The Secretary or a relevant person may, for the purpose of enabling a project authority to give a registered operator of a vehicle a notice under section 195B, disclose information about the vehicle registered under Part 2 of the **Road Safety Act 1986** to—\n\n(a) the project authority; or\n\n(b) a person authorised in writing by the project authority who is employed—\n\n(i) in the Department; or\n\n(ii) by an Administrative Office Head in an Administrative Office established in relation to the Department; or\n\n(c) if the project authority is the Authority (within the meaning of the **Suburban Rail Loop Act 2021)**, a person authorised in writing by the project authority who is an employee of the Authority.\n\n(2) Sections 90N and 90Q(2) and (3) of the **Road Safety Act 1986** apply to a disclosure of information under subsection (1) as if it were a disclosure of information authorised under Part 7B of that Act.\n\n(3) In this section—\n\n***Administrative Office*** has the same meaning as in the **Public Administration Act 2004**;\n\n***Administrative Office Head*** has the same meaning as in the **Public Administration Act 2004**;\n\n***relevant person*** has the same meaning as it has in section 90I of the **Road Safety Act 1986**.\n\nPt 6 Div. 8 Subdiv. 4 (Heading and ss 195F, 195G) inserted by No. 48/2024 s. 34.\n\nSubdivision 4—Actions in relation to traffic control devices\n\nS. 195F inserted by No. 48/2024 s. 34.\n\n","sortOrder":277},{"sectionNumber":"195F","sectionType":"section","heading":"Actions in relation to traffic control devices","content":"\t195F Actions in relation to traffic control devices\n\n(1) Despite anything to the contrary in the **Road Management Act 2004**, the **Road Safety Act 1986** or any rules or regulations made under those Acts, a project authority or a person authorised by a project authority may erect, display, place, remove or alter any of the following for the purpose of exercising a power under Subdivision 1 or 3 (except section 195A)—\n\n(a) a minor traffic control device;\n\n(b) if temporary works are being conducted, a temporary works speed-limit sign;\n\n(c) a traffic control device (other than a traffic signal) that uses lights or illuminated words or symbols to direct or warn road users.\n\n***minor traffic control device*** has the same meaning as in the Road Safety (Traffic Management) Regulations 2019;\n\n***temporary works speed-limit sign*** has the same meaning as in the Road Safety (Traffic Management) Regulations 2019;\n\n***traffic control device*** has the same meaning as in the Road Safety Road Rules 2017;\n\n***traffic signal*** has the same meaning as in the Road Safety Road Rules 2017.\n\nS. 195G inserted by No. 48/2024 s. 34.\n\n","sortOrder":278},{"sectionNumber":"195G","sectionType":"section","heading":"Project authority to notify coordinating road authority before taking action in relation to traffic control device","content":"\t195G Project authority to notify coordinating road authority before taking action in relation to traffic control device\n\nA project authority must notify, in writing, the relevant coordinating road authority before taking an action under section 195F.\n\nDivision 9—Restricted access areas\n\n","sortOrder":279},{"sectionNumber":"196","sectionType":"section","heading":"Restricted access areas","content":"\t196 Restricted access areas\n\nS. 196(1) amended by No. 48/2024 s. 35.\n\n(1) A project authority may establish or cause to be established as a restricted access area a project area or land occupied for the purposes of an approved project under this Part, or any part of the project area or land, by any of the following—\n\n(a) the use of fencing, barriers or other permanent or temporary means of physical demarcation;\n\n(b) erecting signs or causing signs to be erected on or in close proximity to the area stating that the area is a restricted access area and the restrictions (if any) which apply in relation to that area.\n\n(2) As soon as practicable after establishing a restricted access area under subsection (1), a project authority must cause a notice of the establishment of the restricted access area to be published in the Government Gazette.\n\n","sortOrder":280},{"sectionNumber":"197","sectionType":"section","heading":"Appointment of authorised officers","content":"\t197 Appointment of authorised officers\n\n(1) The Project Minister, after consultation with the project authority, may appoint a person to be an authorised officer if—\n\n(a) the person is an employee of the Crown or a public sector body; and\n\n(b) the project authority considers that the person has the necessary competence, training or expertise to perform or exercise a function or power under this Division.\n\n(2) An appointment under subsection (1)—\n\n(a) must be in writing; and\n\n(b) must specify the terms and conditions on which the person is appointed; and\n\n(c) must specify the restricted access area, or a part of the restricted access area, in which the person may exercise powers, functions or duties as an authorised officer.\n\n","sortOrder":281},{"sectionNumber":"198","sectionType":"section","heading":"Identification of authorised officers","content":"\t198 Identification of authorised officers\n\n(1) A project authority must issue to each person appointed as an authorised officer an identity card that—\n\n(a) contains a photograph of the person; and\n\n(b) states the full name of the person to whom it is issued; and\n\n(c) states that the person is an authorised officer for the purposes of this Division.\n\n(2) An authorised officer must produce his or her identity card for inspection at any time during the exercise of a power under this Act, if asked to do so.\n\n(3) If a person appointed to be an authorised officer proposes to exercise the functions of an authorised officer and fails to produce on demand his or her identity card, the person is not authorised to exercise those functions in relation to the person making the demand.\n\n(4) In any proceedings under this Act, an identity card purporting to be issued to a person by a project authority under this Division is evidence of the appointment of that person as an authorised officer.\n\n","sortOrder":282},{"sectionNumber":"199","sectionType":"section","heading":"Project authority may authorise persons to be in restricted access areas","content":"\t199 Project authority may authorise persons to be in restricted access areas\n\n(1) A project authority may authorise a class of person or classes of persons to enter and remain in any part of a restricted access area for any of the following purposes—\n\n(a) the preparation or conduct of activities for the purposes of an approved project;\n\n(b) the carrying out of any activity associated with or ancillary to the matters specified in paragraph (a).\n\n(2) An authorisation under subsection (1) must be made by declaration or by issuing a certificate in writing.\n\n(3) A certificate or declaration under this section—\n\n(a) must specify the class of person or classes of persons to whom the authorisation applies; and\n\n(b) must specify the terms and conditions (if any) to which the authorisation is subject; and\n\n(c) subject to paragraph (d), may specify—\n\n(i) the period during which the authorisation applies; and\n\n(ii) the area to which the authorisation applies; and\n\n(d) may be of general or limited application; and\n\n(e) may differ according to differences in time, place or circumstance.\n\n(4) A certificate or declaration under this section must be published in the Government Gazette.\n\n","sortOrder":283},{"sectionNumber":"200","sectionType":"section","heading":"Project authority may warn people to leave restricted access area","content":"\t200 Project authority may warn people to leave restricted access area\n\n(1) A project authority may warn any person (other than the owner of the land or a person authorised in writing by the owner) to leave any part of a restricted access area under this Division for the purposes of an approved project.\n\n(2) For the purposes of section 9(1) of the **Summary Offences Act 1966**, the project authority is taken to be the occupier of the land concerned in exercising a power under subsection (1).\n\n","sortOrder":284},{"sectionNumber":"201","sectionType":"section","heading":"Warning people to leave restricted access area","content":"\t201 Warning people to leave restricted access area\n\nS. 201(1) amended by No. 37/2014 s. 10(Sch. item 105.2).\n\n(1) A project authority, a police officer or an authorised officer may warn any person who is not authorised under section 199 to be in a restricted access area, or otherwise authorised under this Act to be in that area, to leave any part of the restricted access area.\n\n(2) For the purposes of section 9(1) of the **Summary Offences Act 1966**, the project authority is taken to be the occupier of the land concerned in exercising a power under subsection (1).\n\nS. 202 amended by No. 37/2014 s. 10(Sch. item 105.2).\n\n","sortOrder":285},{"sectionNumber":"202","sectionType":"section","heading":"Direction not to enter restricted access area","content":"\t202 Direction not to enter restricted access area\n\nA police officer or an authorised officer may direct any person who is not authorised under section 199 to be in a restricted access area, or otherwise authorised under this Act to be in that area, not to enter the restricted access area.\n\n","sortOrder":286},{"sectionNumber":"203","sectionType":"section","heading":"Offence to enter any part of restricted access area","content":"\t203 Offence to enter any part of restricted access area\n\n(1) A person must not enter into or remain in any part of a restricted access area unless—\n\n(a) the person has a certificate of authorisation issued under section 199; or\n\n(b) there is a declaration under section 199 that applies to the person; or\n\n(c) the person is otherwise authorised under this Act; or\n\n(d) the person is—\n\nS. 203(1)(d)(i) amended by No. 37/2014 s. 10(Sch. item 105.2).\n\n(i) a police officer; or\n\n(ii) an employee in the public service within the meaning of the **Public Administration Act 2004**; or\n\n(iii) an officer or employee of a public sector body—\n\nacting in the performance of his or her duties; or\n\n(e) the person is the owner of that land or a person authorised in writing by the owner.\n\n(2) A person does not commit an offence under subsection (1) if the person has a reasonable excuse for entering into or remaining in the restricted access area.\n\n","sortOrder":287},{"sectionNumber":"204","sectionType":"section","heading":"Offence not to produce certificate on demand","content":"\t204 Offence not to produce certificate on demand\n\nS. 204(1) amended by No. 37/2014 s. 10(Sch. item 105.3).\n\n(1) A person who is in a restricted access area, when asked to do so by a police officer or an authorised officer, must—\n\n(a) produce a certificate of authorisation issued under section 199 or other evidence of that person's authority to be in that area; or\n\n(b) give his or her name and address.\n\n1. 5 penalty units.\n\nS. 204(2) amended by No. 37/2014 s. 10(Sch. item 105.3(b)(i)).\n\n(2) A police officer or an authorised officer must—\n\nS. 204(2)(a) amended by No. 37/2014 s. 10(Sch. item 105.3(b)).\n\n(a) produce proof of his or her identity and official status before exercising a power under subsection (1) unless, in the case of a police officer, the police officer is in uniform; and\n\n(b) inform the person that—\n\nS. 204(2)(b)(i) amended by No. 37/2014 s. 10(Sch. item 105.3(b)(i)).\n\n(i) the authorised officer or police officer (as the case requires) is empowered under subsection (1) to ask the person to produce evidence of that person's authority to enter or remain in the restricted access area or to ask the person to give that person's name and address; and\n\n(ii) it is an offence to fail to comply with the requirements of subsection (1); and\n\n(c) make all reasonable attempts to ensure that the person understands the requirement made under subsection (1).\n\nS. 204(3) amended by No. 37/2014 s. 10(Sch. item 105.3(c)).\n\n(3) It is not an offence for a person to fail to comply with subsection (1) if the authorised officer or police officer (as the case requires) did not comply with subsection (2).\n\n","sortOrder":288},{"sectionNumber":"205","sectionType":"section","heading":"Offence to hinder or obstruct authorised officer","content":"\t205 Offence to hinder or obstruct authorised officer\n\nA person must not, without reasonable excuse, hinder or obstruct an authorised officer who is exercising a power under this Division.\n\n","sortOrder":289},{"sectionNumber":"206","sectionType":"section","heading":"Evidence as to area being marked off","content":"\t206 Evidence as to area being marked off\n\nIn any proceedings under this Act, a certificate, signed on behalf of the project authority, certifying that an area was a restricted access area is evidence of the facts stated in the certificate.\n\n","sortOrder":290},{"sectionNumber":"Div 10","sectionType":"division","heading":"Other matters","content":"Division 10—Other matters\n\n","sortOrder":291},{"sectionNumber":"207","sectionType":"section","heading":"Cultural and Recreational Lands Act 1963","content":"\t207 Cultural and Recreational Lands Act 1963\n\nSection 3 of the **Cultural and Recreational Lands Act 1963** does not apply to the compulsory acquisition of land under this Part.\n\nS. 207A inserted by No. 43/2021 s. 211.\n\n","sortOrder":292},{"sectionNumber":"207A","sectionType":"section","heading":"Effect of a stratum of Crown land becoming project land","content":"\t207A Effect of a stratum of Crown land becoming project land\n\nIf a stratum of Crown land (the ***first stratum***) becomes project land, any reservation or other right, title, trust, limitation, reservation, restriction, encumbrance, estate or interest—\n\n(a) that applied both to the first stratum and to any other stratum of land immediately before the first stratum became project land; and\n\n(b) that was revoked, surrendered, divested or diminished with respect to the first stratum on the first stratum becoming project land—\n\ncontinues to apply to the other strata of land to which it applied immediately before the first stratum became project land.\n\nPart 7—Interface with utilities\n\nDivision 1—Interpretation\n\n\t208 Definitions\n\nIn this Part—\n\n***approved utility agreement*** means a utility agreement that is taken to arise by operation of section 226(4);\n\n***dispute*** means a dispute arising from an attempt to negotiate a utility agreement;\n\n***expert*** means a person appointed under an instrument of appointment under section 219 or 220;\n\n***model utility agreement guidelines*** means guidelines prepared under section 231;\n\n***negotiation period*** means the period of time specified in section 214;\n\nS. 208 def. of *notification period* substituted by No. 10/2019 s. 4(b).\n\n***notification period*** means the period of time referred to in section 212(a) or (b);\n\nS. 208 def. of *notified utility infrastructure* amended by Nos 10/2019 s. 4(c), 13/2024 s. 3(Sch. 1 item 10).\n\n***notified utility infrastructure*** means utility infrastructure in relation to which a project authority has been given the information required under a project authority notice by the utility that owns, operates or controls the utility infrastructure;\n\nS. 208 def. of *parties* amended by No. 10/2019 s. 4(d).\n\n***parties*** means a project authority that has complied with section 211 and a utility that has complied with section 212;\n\nS. 208 def. of *project authority notice* inserted by No. 10/2019 s. 4(a).\n\n***project authority notice*** means a notice under section 211A(1);\n\n***unnotified utility infrastructure*** has the meaning given by section 209;\n\n***utility agreement*** has the meaning given by section 210;\n\n***Utility Minister*** in relation to a utility, means the Minister for the time being administering the Act—\n\n(a) under which the utility is authorised to provide a service by means of utility infrastructure; or\n\n(b) that regulates the provision by the utility of a service by means of utility infrastructure.\n\nS. 209 substituted by No. 10/2019 s. 5.\n\n","sortOrder":293},{"sectionNumber":"209","sectionType":"section","heading":"Meaning of *unnotified utility infrastructure*","content":"\t209 Meaning of *unnotified utility infrastructure*\n\nFor the purposes of this Part, ***unnotified utility infrastructure*** is utility infrastructure—\n\n(a) the location of which a project authority does not know because—\n\n(i) the project authority has not, after taking all reasonable steps, identified the utility infrastructure and given the utility that owns, operates or controls that utility infrastructure a project authority notice; or\n\n(ii) the utility that owns, operates or controls the utility infrastructure has not complied with section 212; or\n\n(b) the location of which was incorrectly described, or incorrectly given, by the utility that owns, operates or controls the utility infrastructure in purported compliance with section 212.\n\n","sortOrder":294},{"sectionNumber":"210","sectionType":"section","heading":"Meaning of *utility agreement*","content":"\t210 Meaning of *utility agreement*\n\n(1) For the purposes of this Part, a ***utility agreement*** is an agreement governing the rights and obligations of a project authority and a utility in relation to—\n\nS. 210(1)(a) amended by No. 10/2019 s. 6(1)(a).\n\n(a) the location of utility infrastructure owned, operated or controlled by the utility; or\n\nS. 210(1)(b) amended by No. 10/2019 s. 6(1)(b).\n\n(b) works for the development of the declared project that affects or may affect utility infrastructure owned, operated or controlled by the utility—\n\nas amended from time to time.\n\n(2) Without limiting the matters that a utility agreement may provide for, a utility agreement—\n\nS. 210(2)(a) amended by No. 10/2019 s. 6(2)(a).\n\n(a) must provide for the respective rights and obligations of the utility and the project authority in the case where utility infrastructure may need to be relocated or protected in order for works for the development of the declared project to be carried out;\n\nS. 210(2)(b) amended by No. 10/2019 s. 6(2)(b)(i).\n\n(b) may provide for the respective rights and obligations of the utility and the project authority in relation to unnotified utility infrastructure in cases where—\n\nS. 210(2)(b)(i) amended by No. 10/2019 s. 6(2)(b)(ii).\n\n(i) the project authority discovers the unnotified utility infrastructure while carrying out works for the development of the declared project; or\n\nS. 210(2)(b)(ii) amended by No. 10/2019 s. 6(2)(b)(ii).\n\n(ii) the project authority causes damage to the unnotified utility infrastructure while carrying out works for the development of the declared project.\n\nDivision 2—Utility infrastructure notification and identification\n\nS. 211 substituted by No. 10/2019 s. 7.\n\n","sortOrder":295},{"sectionNumber":"211","sectionType":"section","heading":"Project authority must identify all utility infrastructure and utilities","content":"\t211 Project authority must identify all utility infrastructure and utilities\n\nA project authority must take all reasonable steps to identify—\n\n(a) all utility infrastructure that may be affected by the development of the declared project; and\n\n(b) every utility that owns, controls or operates utility infrastructure referred to in paragraph (a).\n\nS. 211A inserted by No. 10/2019 s. 7.\n\n","sortOrder":296},{"sectionNumber":"211A","sectionType":"section","heading":"Project authority may notify identified utility for utility to notify location of its utility infrastructure","content":"\t211A Project authority may notify identified utility for utility to notify location of its utility infrastructure\n\n(1) A project authority may give a utility that the project authority has identified under section 211 a written notice (a ***project authority notice***) that complies with subsection (2).\n\n(2) A notice referred to in subsection (1) must—\n\n(a) specify the area or areas of land that forms part of the project area or that the project authority considers may form part of the project area (the ***specified area***); and\n\n(b) state that the utility must give, within the notification period, written notice, in accordance with section 212, as to whether the utility owns, operates or controls utility infrastructure in the specified area; and\n\n(c) state that if the utility gives written notice that it owns, operates or controls utility infrastructure in the specified area, the utility must—\n\n(i) include, in the notice, a description of the nature of the utility infrastructure and its location; and\n\n(ii) attach, to the notice, a plan that covers the specified area that shows—\n\n(A) the location of the utility infrastructure within an area of 3 square metres or less; or\n\n(B) at least 2 locations of the utility infrastructure in a way that will enable the project authority to determine the precise location of the infrastructure; and\n\n(d) state that if the utility does not comply with section 212, any utility infrastructure owned, operated or controlled by the utility located in the specified area will be taken to be unnotified utility infrastructure for the purposes of this Part.\n\nS. 212 substituted by No. 10/2019 s. 7.\n\n","sortOrder":297},{"sectionNumber":"212","sectionType":"section","heading":"Utility must comply with project authority notice","content":"\t212 Utility must comply with project authority notice\n\nA utility that receives a project authority notice must comply with the notice—\n\n(a) within 30 business days after receiving the notice; or\n\n(b) if the project authority agrees, before the end of the period referred to in paragraph (a), to a longer period of time within which the utility must comply with the notice—within that longer period of time.\n\nDivision 3—Negotiation of utility agreements\n\nS. 213 amended by No. 10/2019 s. 8.\n\n","sortOrder":298},{"sectionNumber":"213","sectionType":"section","heading":"Negotiation trigger notice","content":"\t213 Negotiation trigger notice\n\nA project authority, or a utility that has complied with section 212, may, at any time after the utility has complied with that section, give written notice to the other party of an intention to commence negotiations with the other party for the purpose of entering into a utility agreement with that party.\n\nS. 214 amended by No. 19/2010 s. 85.\n\n","sortOrder":299},{"sectionNumber":"214","sectionType":"section","heading":"Reasonable endeavours must be used to negotiate utility agreement during negotiation period","content":"\t214 Reasonable endeavours must be used to negotiate utility agreement during negotiation period\n\nThe parties must use all reasonable endeavours to negotiate a utility agreement within 50 business days after the giving of a notice under section 213 (the ***negotiation period***).\n\n","sortOrder":300},{"sectionNumber":"215","sectionType":"section","heading":"Ministers to be notified if no agreement is reached","content":"\t215 Ministers to be notified if no agreement is reached\n\nIf the parties have not entered into a utility agreement within the negotiation period, the project authority must give written notice of the parties' failure to enter into a utility agreement to—\n\n(a) the Project Minister; and\n\n(b) the Utility Minister for that utility.\n\nDivision 4—Dispute resolution if there is no agreement\n\nS. 216 substituted by No. 10/2019 s. 9.\n\n","sortOrder":301},{"sectionNumber":"216","sectionType":"section","heading":"Project authority or utility can commence dispute resolution procedure","content":"\t216 Project authority or utility can commence dispute resolution procedure\n\nDespite anything to the contrary in this Part, either of the parties may give written notice to the other party that a dispute exists to which this Division applies at any time after the start of the negotiation period.\n\n","sortOrder":302},{"sectionNumber":"217","sectionType":"section","heading":"Parties must use reasonable endeavours to agree to expert for the purposes of dispute","content":"\t217 Parties must use reasonable endeavours to agree to expert for the purposes of dispute\n\nThe parties must use all reasonable endeavours to agree on the person to be appointed by the Project Minister under section 219.\n\n","sortOrder":303},{"sectionNumber":"218","sectionType":"section","heading":"Notification of Project Minister","content":"\t218 Notification of Project Minister\n\nS. 218(1) amended by No. 43/2021 s. 217(12).\n\n(1) If, within 5 business days after the giving of a notice under section 216, the parties have agreed on a person to be appointed by the Project Minister under section 219, the parties must give written notice to the Project Minister of that outcome and the name of the person.\n\nS. 218(2) amended by No. 43/2021 s. 217(12).\n\n(2) If, within 5 business days after the giving of a notice under section 216, the parties have not agreed on a person to be appointed by the Project Minister under section 219, the parties must give written notice to the Project Minister of that outcome.\n\n","sortOrder":304},{"sectionNumber":"219","sectionType":"section","heading":"Project Minister must appoint expert agreed to by parties","content":"\t219 Project Minister must appoint expert agreed to by parties\n\n(1) On receipt of a notice under section 218(1), the Project Minister, by instrument, must appoint the person named in that notice as the expert.\n\n(2) The Project Minister must—\n\n(a) make the appointment within 5 business days after receipt of a notice under section 218(1); and\n\nS. 219(2)(b) amended by No. 43/2021 s. 217(12).\n\n(b) give written notice to the parties of the appointment.\n\n","sortOrder":305},{"sectionNumber":"220","sectionType":"section","heading":"Project Minister must choose expert where there is no agreement by the parties as to the expert","content":"\t220 Project Minister must choose expert where there is no agreement by the parties as to the expert\n\n(1) On receipt of a notice under section 218(2), the Project Minister, by instrument, must appoint a person as the expert in accordance with this section.\n\n(2) The person appointed under subsection (1) must—\n\n(a) have either of the following—\n\n(i) at least 8 years experience working in the construction industry;\n\n(ii) at least 8 years experience in working for utilities; and\n\n(b) have at least 5 years experience as an arbitrator or mediator; and\n\n(c) be of reputable character; and\n\n(d) be available to hear the dispute during the period of time within which the dispute must be resolved.\n\n(3) The Project Minister must—\n\n(a) make an appointment within 5 business days after receipt of a notice under section 218(2); and\n\nS. 220(3)(b) amended by No. 43/2021 s. 217(12).\n\n(b) give written notice to the parties of the appointment.\n\n","sortOrder":306},{"sectionNumber":"221","sectionType":"section","heading":"Fees of, and costs incurred by, expert","content":"\t221 Fees of, and costs incurred by, expert\n\nAn expert appointed under an instrument of appointment under section 219(1) or 220(1) is entitled to be paid—\n\n(a) fees and allowances, as determined in the instrument of appointment; and\n\n(b) reasonable costs (including legal costs) incurred by the expert for the purpose of making a determination under section 226.\n\n","sortOrder":307},{"sectionNumber":"222","sectionType":"section","heading":"Immunity for expert","content":"\t222 Immunity for expert\n\n(1) The expert is not personally liable for anything done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the discharge of a duty under this Act or the regulations; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations.\n\n(2) Any liability resulting from an act or omission that would, but for subsection (1), attach to the expert attaches instead to the Crown.\n\n","sortOrder":308},{"sectionNumber":"223","sectionType":"section","heading":"Expert to commence dispute resolution within 5 business days after appointment","content":"\t223 Expert to commence dispute resolution within 5 business days after appointment\n\nWithin 5 business days after his or her appointment, the expert must commence the process under this Division for the resolution of the dispute by giving written notice of that commencement to the parties.\n\n","sortOrder":309},{"sectionNumber":"224","sectionType":"section","heading":"Determination of procedure by expert","content":"\t224 Determination of procedure by expert\n\n(1) The expert, within 5 business days after giving written notice under section 223, must—\n\n(a) subject to this Division, determine the procedure he or she will apply for the resolution of the dispute; and\n\nS. 224(1)(b) amended by No. 43/2021 s. 217(12).\n\n(b) give written notice to the parties of that procedure.\n\n(2) Unless otherwise directed in writing by the expert—\n\n(a) submissions by the parties to the expert must be in writing; and\n\n(b) the parties must provide a draft utility agreement (whether as part of a written submission or otherwise) that identifies the matters in relation to which the parties do not agree.\n\n","sortOrder":310},{"sectionNumber":"225","sectionType":"section","heading":"Parties may make submissions","content":"\t225 Parties may make submissions\n\nA party may make a submission in relation to the dispute to the expert, in accordance with the procedure determined by the expert, within 30 business days after being notified of the procedure under section 224(1)(b).\n\n","sortOrder":311},{"sectionNumber":"226","sectionType":"section","heading":"Determination of expert resolving dispute","content":"\t226 Determination of expert resolving dispute\n\n(1) The expert must make a determination to resolve the dispute with 15 business days after the receipt of all of the submissions of the parties.\n\n(2) A determination under subsection (1) must—\n\n(a) set out the reasons of the expert; and\n\n(b) determine the terms and conditions for a utility agreement; and\n\n(c) be given to the parties.\n\n(3) In determining the terms and conditions for a utility agreement, the expert must have regard to the model utility agreement guidelines.\n\n(4) An approved utility agreement is taken to arise between the parties in accordance with the expert's determination.\n\n","sortOrder":312},{"sectionNumber":"227","sectionType":"section","heading":"Termination of approved utility agreement","content":"\t227 Termination of approved utility agreement\n\nAn approved utility agreement taken to have arisen under section 226(4) may not be terminated or revoked unless agreed by both parties or as expressly provided for in the agreement.\n\n","sortOrder":313},{"sectionNumber":"228","sectionType":"section","heading":"Expert may engage legal and other assistance","content":"\t228 Expert may engage legal and other assistance\n\nThe expert may engage lawyers and other persons that the expert considers necessary to assist the expert for the purpose of making a determination under section 226.\n\n","sortOrder":314},{"sectionNumber":"229","sectionType":"section","heading":"Parties are liable to Project Minister for expert's costs paid by the Minister","content":"\t229 Parties are liable to Project Minister for expert's costs paid by the Minister\n\n(1) The parties are liable to the Project Minister for the expert's costs as provided in a determination under this section and the Project Minister may recover those costs from the parties in a court of competent jurisdiction.\n\n(2) The expert may make a determination as to the apportionment of liability between the parties for the payment of the expert's costs under subsection (1).\n\n(3) A determination under subsection (2) must be fair and reasonable.\n\n(4) In determining what is fair and reasonable for the purpose of subsection (3), the expert may have regard to—\n\n(a) whether a party used all reasonable endeavours to negotiate a utility agreement in the period referred to in section 214;\n\n(b) the reasonableness of the submissions of a party, having regard to the nature of the dispute.\n\n(5) Subsection (4) does not limit what may be had regard to in determining what is fair and reasonable for the purpose of subsection (3).\n\n(6) A determination under subsection (2) must—\n\n(a) set out the reasons of the expert; and\n\n(b) be given to the Project Minister and the parties.\n\n***expert's costs*** means the fees, allowances and costs referred to in section 221.\n\n","sortOrder":315},{"sectionNumber":"230","sectionType":"section","heading":"Appeal to Supreme Court from a determination of expert","content":"\t230 Appeal to Supreme Court from a determination of expert\n\n(1) A party to the dispute may appeal to the Supreme Court, on a question of law, from a determination of the expert under section 226.\n\nS. 230(2) amended by No. 10/2019 s. 11.\n\n(2) An appeal must be commenced—\n\n(a) within 10 business days after a determination of the expert under section 226; and\n\n(b) in accordance with the rules of the Supreme Court.\n\n","sortOrder":316},{"sectionNumber":"231","sectionType":"section","heading":"Model utility agreement guidelines","content":"\t231 Model utility agreement guidelines\n\nS. 231(1) amended by No. 48/2024 s. 38.\n\n(1) The Minister must prepare guidelines in relation to the form and content of an approved utility agreement.\n\n(2) Without limiting subsection (1), model utility agreement guidelines must include a draft agreement that provides a range of differing and alternative terms and conditions in relation to—\n\n(a) the costs of any relocation, protection or rectification of utility infrastructure; and\n\n(b) the timing of any necessary works; and\n\n(c) risk allocation between the parties; and\n\n(d) standards at which necessary works are to be carried out; and\n\n(e) means by which disruption to services provided by means of the utility infrastructure will be minimised; and\n\n(f) the final certification of the works.\n\nS. 231(3) amended by Nos 49/2013 s. 65(1), 48/2024 s. 38.\n\n(3) Model utility agreement guidelines must be published by the Minister on the Department's Internet site.\n\n(4) Model utility agreement guidelines take effect—\n\nS. 231(4)(a) substituted by No. 49/2013 s. 65(2).\n\n(a) on the day after the day they are published on the Department's Internet site; or\n\nDivision 5—Unnotified utility infrastructure\n\n","sortOrder":317},{"sectionNumber":"232","sectionType":"section","heading":"Notification in relation to unnotified utility infrastructure","content":"\t232 Notification in relation to unnotified utility infrastructure\n\n(1) This section applies if a project authority, during the carrying out of work for the development of the approved project, discovers within the project area—\n\n(a) unnotified utility infrastructure of the kind described in section 209(a); or\n\n(b) unnotified utility infrastructure of the kind described in section 209(b) and there is no utility agreement, or approved utility agreement, in force that governs the rights and liabilities of the project authority and the utility that owns, operates or controls that infrastructure in cases where such infrastructure is discovered during the carrying out of works for the development of the approved project.\n\n(2) In the case referred to in subsection (1)(a), the project authority must give written notice to all utilities in accordance with this section.\n\n(3) In the case referred to in subsection (1)(b), the project authority must give written notice to the utility that owns, operates or controls the utility infrastructure.\n\n(4) A notice under subsection (2) or (3) must—\n\n(a) identify and describe the utility infrastructure; and\n\n(b) specify the location of the utility infrastructure; and\n\n(c) state that—\n\n(i) the project authority intends to remove, relocate or protect the infrastructure (as the case requires); and\n\n(ii) the utility that owns, operates or controls the utility infrastructure has 5 business days within which to—\n\n(A) agree to the project authority to carry out works to remove, relocate or protect the infrastructure; or\n\n(B) carry out the works itself to remove, relocate or protect the infrastructure; and\n\n(d) state that if the utility does not agree as to the works to be carried out, or does not itself carry out the works, to remove, relocate or protect the infrastructure, the utility is liable to the project authority for the costs referred to in section 233(8).\n\n","sortOrder":318},{"sectionNumber":"233","sectionType":"section","heading":"Removal, relocation or protection of unnotified utility infrastructure","content":"\t233 Removal, relocation or protection of unnotified utility infrastructure\n\n(a) a project authority does not receive any information from a utility as required under a notice under section 232(2) or (3); or\n\n(b) the project authority and the utility that owns, operates or controls the utility infrastructure to which a notice under section 232(2) or (3) has been given, have not, within 5 business days after the giving of the relevant notice, agreed as to the works to be carried out to, as the case requires, remove, relocate or protect the infrastructure; or\n\n(c) the utility that owns, operates or controls the utility infrastructure to which a notice under section 232(2) or (3) has been given, has not, within 5 business days after agreeing with the project authority as to the works to be carried out, carried out the agreed works.\n\n(2) In the case referred to in subsection (1)(a), the project authority may—\n\n(a) in the case of utility infrastructure that is redundant—remove the infrastructure;\n\n(b) in all other cases—\n\n(i) relocate the infrastructure; or\n\n(ii) carry out works to protect the infrastructure.\n\n(3) In a case referred in subsection (1)(b) or (c), the project authority—\n\n(a) must give the utility a reasonable estimate of the costs that the project authority will incur each day the authority cannot develop the approved project because the utility has not agreed to the works to be carried out or has not carried out the agreed works (as the case may be); and\n\n(b) may, with the consent of the utility—\n\n(i) in the case of utility infrastructure that is redundant—remove the infrastructure;\n\n(ii) in all other cases—either relocate the infrastructure or carry out works to protect the infrastructure.\n\n(4) The project authority must carry out an activity referred to in subsection (2) or (3) to a standard that results in the utility infrastructure having—\n\n(a) the same or a similar technical capability after the carrying out of that activity; and\n\n(b) at least the same remaining operating life as it had before the carrying out of an activity referred to in subsection (2) or (3).\n\n(5) The project authority is liable to the utility for all direct costs incurred by the utility as a result of the carrying out of an activity referred to in subsection (2) or (3)—\n\n(b) on the basis that the utility makes all reasonable efforts to mitigate its loss.\n\n(6) However, the project authority is not liable for any loss or damage suffered by the utility as a result of the carrying out of an activity referred to in subsection (2) or (3) that—\n\n(a) causes an interruption to any service provided by the utility by means of the utility infrastructure; or\n\n(b) prevents the utility from being able to provide a service by means of the utility infrastructure.\n\n(7) The project authority is not liable to any other person for any loss or damage that the person suffers as a result of the carrying out of an activity referred to in subsection (2) or (3) that—\n\n(a) causes an interruption to any service provided by a utility by means of the utility infrastructure; or\n\n(b) prevents a utility from being able to provide a service by means of the utility infrastructure.\n\n(8) The utility is liable to the project authority for all costs incurred by the project authority as a result of a delay in the carrying out of works for the development of the approved project in order to remove, relocate or protect the utility infrastructure—\n\n(b) on the basis that the project authority makes all reasonable efforts to mitigate its loss.\n\n","sortOrder":319},{"sectionNumber":"234","sectionType":"section","heading":"Damage to unnotified utility infrastructure","content":"\t234 Damage to unnotified utility infrastructure\n\n(1) This section applies if a project authority causes damage to unnotified utility infrastructure during the course of carrying out works for the development of the approved project (the ***damaged infrastructure***).\n\nS. 234(2) amended by No. 43/2021 s. 217(13).\n\n(2) If the project authority cannot identify the utility that owns, operates or controls the damaged infrastructure, the project authority must give written notice to all utilities as soon as possible of the damage.\n\nS. 234(3) amended by No. 43/2021 s. 217(13).\n\n(3) If the project authority has identified the utility that owns, operates or controls the damaged infrastructure, the project authority must give written notice to the utility as soon as possible of the damage.\n\n(4) The project authority—\n\n(a) must repair the damage caused to the utility infrastructure by the carrying out of the works; and\n\n(b) may protect, relocate or remove the utility infrastructure.\n\n(5) The project authority is liable to the utility for all direct losses suffered by the utility as a result of the damage caused to the utility infrastructure by the carrying out of the work.\n\n(6) The project authority is not liable to any other person for any loss or damage that the person suffers as a result of the carrying out of works for the development of the approved project that damages the utility infrastructure and—\n\n(a) causes an interruption to any service provided by the utility by means of the infrastructure; or\n\n(b) prevents the utility from being able to provide a service by means of the infrastructure.\n\n(7) The utility is liable to the project authority for all costs incurred by the project authority as a result of a delay in the carrying out of works in order to repair, protect, relocate or remove the damaged infrastructure—\n\n(b) on the basis that the project authority makes all reasonable efforts to mitigate its loss.\n\n(8) If the damage results in an emergency situation—\n\n(a) the project authority must take all steps that are reasonable in the circumstances to end the emergency; and\n\nS. 234(8)(b) amended by No. 93/2009 s. 43(11).\n\n(b) the utility is liable for the costs incurred by the project authority in taking those reasonable steps.\n\nPart 8—Assessment committees\n\nDivision 1—Establishment of assessment committees\n\n\t235 Establishment of assessment committees\n\nThe Planning Minister, by written instrument, may establish one or more assessment committees for the purpose of—\n\n(a) assessing comprehensive impact statements in accordance with Part 3; and\n\n(b) making recommendations to the Minister in relation to comprehensive impact statements.\n\n","sortOrder":320},{"sectionNumber":"236","sectionType":"section","heading":"Function of assessment committees","content":"\t236 Function of assessment committees\n\n(1) The functions of an assessment committee are—\n\n(a) to consider any matters that are referred to it by the Planning Minister relating to a declared project, in accordance with the terms of reference; and\n\n(b) if required by the Planning Minister under Part 3, to undertake consultation on those matters; and\n\n(c) to conduct preliminary hearings or formal public hearings; and\n\nSee Part 3 regarding hearings.\n\n(d) to report and make recommendations to the Planning Minister in relation to—\n\n(i) whether or not to grant any applicable approval that is required for a declared project to be developed; and\n\n(ii) the conditions (if any) of such approval.\n\n(2) Subject to this Part, in carrying out its functions in relation to a matter referred to it by the Planning Minister, an assessment committee may inquire into and inform itself in relation to the matter in any manner it sees fit.\n\n","sortOrder":321},{"sectionNumber":"237","sectionType":"section","heading":"Membership of committees","content":"\t237 Membership of committees\n\n(1) An assessment committee consists of 3 or more members appointed by the Planning Minister.\n\n(2) The Planning Minister must not appoint a person as a member of an assessment committee unless the Minister is satisfied that the person has expertise relevant to the assessment of the matters that are referred to the committee.\n\n(3) The Planning Minister must appoint one of the members of an assessment committee to be chairperson of the assessment committee.\n\n","sortOrder":322},{"sectionNumber":"238","sectionType":"section","heading":"Terms of appointment","content":"\t238 Terms of appointment\n\n(1) A member of an assessment committee is appointed on the terms and conditions set out in the instrument of appointment.\n\n(2) The Planning Minister may fix fees and allowances for all members of an assessment committee or for particular members or classes of members.\n\n(3) Each member of an assessment committee is entitled to receive any fees and allowances fixed by the Planning Minister in respect of that member unless the person is an employee in the public service within the meaning of the **Public Administration Act 2004**.\n\n(4) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member of an assessment committee in respect of the office of member.\n\n","sortOrder":323},{"sectionNumber":"239","sectionType":"section","heading":"Resignation","content":"\t239 Resignation\n\nA member of an assessment committee may resign as a member of the assessment committee by letter signed by the member and delivered to the Planning Minister.\n\n","sortOrder":324},{"sectionNumber":"240","sectionType":"section","heading":"Procedure at committee meetings","content":"\t240 Procedure at committee meetings\n\n(1) The chairperson of an assessment committee must preside at a meeting of the assessment committee at which the chairperson is present.\n\n(2) If the chairperson of an assessment committee is to be absent from a meeting of the assessment committee, the chairperson must nominate a person to preside at the meeting within a reasonable time before the meeting.\n\n(3) A quorum of an assessment committee consists of a majority of the members of the assessment committee for the time being.\n\n(4) At a meeting of an assessment committee, a decision of the assessment committee is a decision of the majority of the members present and voting at the meeting and, if voting is equal, the person presiding at the meeting has a second or casting vote.\n\n(5) Subject to this Act and any directions given by the Planning Minister, an assessment committee may regulate its own proceedings and any other hearings or consultations it is required to undertake under this Act.\n\n","sortOrder":325},{"sectionNumber":"241","sectionType":"section","heading":"Consultation","content":"\t241 Consultation\n\n(1) If required under Part 3 or by the Planning Minister under that Part, an assessment committee must undertake consultation in accordance with that Part and this section and any direction given by the Minister in relation to a matter referred to it by the Minister.\n\n(2) A requirement by the Planning Minister under Part 3 must specify—\n\n(a) the persons or classes of persons that are to be consulted; and\n\n(b) whether or not the assessment committee is required or authorised to hold a conference with the persons to be consulted.\n\n(3) The assessment committee must ensure that all persons invited to attend a conference under this section are advised in writing of the time and place at which the conference is to be held within a reasonable time before the conference.\n\n(4) If consultation is undertaken under this section, the assessment committee must ensure that the relevant project proponent is—\n\n(a) advised of the consultation itself; and\n\nS. 241(4)(b) amended by No. 43/2021 s. 217(14).\n\n(b) given written notice of the time and place of any conferences held as part of the consultation; and\n\n(c) invited to attend any conference or other further consultation that takes place.\n\n(5) A conference held under this section must be presided over by the chairperson of the assessment committee or an assessment committee member nominated by the chairperson for that purpose.\n\n(6) The assessment committee must consider the discussions and resolutions of any conference held under this section when making an assessment committee recommendation.\n\n","sortOrder":326},{"sectionNumber":"242","sectionType":"section","heading":"Disclosure of interests","content":"\t242 Disclosure of interests\n\n(1) Before an assessment committee considers any matters referred to it, each member of the assessment committee must produce to the committee a signed statutory declaration that states whether the member has a direct or indirect pecuniary interest in relation to any matters referred to the assessment committee.\n\n(2) If, during the consideration of matters before the assessment committee, a member becomes aware of having a direct or indirect pecuniary interest in a matter being considered, the member must, as soon as practicable after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the assessment committee.\n\n(3) A production of a declaration under subsection (1) or a disclosure under subsection (2) must be recorded in the minutes of the meeting at which it was produced or disclosed.\n\n(4) If a member of an assessment committee produces a statutory declaration stating that the member does have a direct or indirect pecuniary interest in relation to any matter referred to the assessment committee, or a member discloses a direct or indirect pecuniary interest to the assessment committee, the member must not—\n\n(a) take any further part in any consideration or discussion of the matter; or\n\n(b) take part in any vote on the matter; or\n\n(c) be counted for the purposes of a quorum.\n\nDivision 2—Hearings\n\n","sortOrder":327},{"sectionNumber":"243","sectionType":"section","heading":"Directions about hearings","content":"\t243 Directions about hearings\n\n(1) An assessment committee may give directions about—\n\n(a) the times and places of hearings under Part 3; and\n\n(b) matters preliminary to hearings under Part 3; and\n\n(c) the conduct of hearings under Part 3.\n\n(2) An assessment committee may refuse to hear any person who fails to comply with a direction of the assessment committee.\n\n","sortOrder":328},{"sectionNumber":"244","sectionType":"section","heading":"Hearings to be in public","content":"\t244 Hearings to be in public\n\nAn assessment committee must conduct a hearing under Part 3 in public unless any person making a submission objects to making the submission in public and the assessment committee is satisfied that the submission is relevant and of a confidential nature.\n\n","sortOrder":329},{"sectionNumber":"245","sectionType":"section","heading":"General procedure for hearings","content":"\t245 General procedure for hearings\n\n(1) In hearing submissions, an assessment committee—\n\n(a) must act according to equity and good conscience without regard to technicalities or legal forms; and\n\n(b) is bound by the rules of natural justice; and\n\n(c) is not required to conduct a hearing under Part 3 in a formal manner; and\n\n(d) is not bound by the rules or practice as to evidence but may inform itself on any matter—\n\n(i) in any way it thinks fit; and\n\n(ii) without notice to any person who has made a submission.\n\n(2) An assessment committee may require—\n\n(a) a person to produce any documents relating to any matter being considered by the assessment committee under this Act which it reasonably requires;\n\n(b) an applicable law decision maker to provide the assessment committee with advice on a matter or issue the committee considers relevant for the purpose of making an assessment committee recommendation.\n\n(3) An assessment committee may prohibit or regulate cross-examination in any hearing under Part 3 in accordance with any direction given by the Planning Minister.\n\n(4) An assessment committee may hear evidence and submissions from any person who has made a submission in relation to the relevant comprehensive impact statement under Part 3.\n\n(5) Submissions and evidence may be given to the committee orally or in writing or partly orally and partly in writing.\n\n","sortOrder":330},{"sectionNumber":"246","sectionType":"section","heading":"Who may appear before an assessment committee?","content":"\t246 Who may appear before an assessment committee?\n\nA person who has a right to be heard by an assessment committee or who is called by an assessment committee may—\n\n(a) appear and be heard in person; or\n\n(b) be represented by any other person.\n\n","sortOrder":331},{"sectionNumber":"247","sectionType":"section","heading":"Effect of failure to attend hearing","content":"\t247 Effect of failure to attend hearing\n\nAn assessment committee may report and make recommendations on a submission without hearing the person who made the submission if the person is not present or represented at the time and place appointed for the hearing of the submission.\n\n","sortOrder":332},{"sectionNumber":"248","sectionType":"section","heading":"Committee may hear two or more submissions together","content":"\t248 Committee may hear two or more submissions together\n\nAn assessment committee may consider two or more submissions together if the submissions concern the same land or the same or a related matter.\n\n","sortOrder":333},{"sectionNumber":"249","sectionType":"section","heading":"Adjournment of hearings","content":"\t249 Adjournment of hearings\n\nAn assessment committee may from time to time adjourn a hearing under Part 3 to any times and places and for any purposes it thinks necessary and on any terms as to costs or otherwise which it thinks just in the circumstances.\n\n","sortOrder":334},{"sectionNumber":"250","sectionType":"section","heading":"Technical defects","content":"\t250 Technical defects\n\nAn assessment committee may continue to hear submissions and make an assessment committee recommendation despite—\n\n(a) any defect, failure or irregularity in the preparation of a comprehensive impact statement; or\n\n(b) any failure to comply with Division 2 or 5 of Part 3 in relation to the preparation of a project proposal or comprehensive impact statement.\n\n","sortOrder":335},{"sectionNumber":"251","sectionType":"section","heading":"Committee may take into account any relevant matter","content":"\t251 Committee may take into account any relevant matter\n\nAn assessment committee may take into account any matter it thinks relevant in making an assessment committee recommendation, subject to any directions given to it by the Planning Minister.\n\n","sortOrder":336},{"sectionNumber":"252","sectionType":"section","heading":"Offences","content":"\t252 Offences\n\nA person who—\n\n(a) insults, assaults or obstructs a member of an assessment committee while the member is performing functions or exercising powers as a member; or\n\n(b) insults, assaults or obstructs any person attending a hearing before an assessment committee; or\n\n(c) misbehaves at a hearing before an assessment committee; or\n\n(d) repeatedly interrupts a hearing before an assessment committee; or\n\n(e) without lawful excuse disobeys a direction of an assessment committee—\n\nis guilty of an offence.\n\n","sortOrder":337},{"sectionNumber":"253","sectionType":"section","heading":"Project proponent to pay assessment committee's costs","content":"\t253 Project proponent to pay assessment committee's costs\n\nA project proponent must pay for, or reimburse, any reasonable costs and expenses incurred by or for an assessment committee in carrying out its functions under this Part in relation to the relevant declared project, including reasonable costs incurred in relation to receiving, processing and assessing submissions, unless the Planning Minister otherwise directs.\n\n","sortOrder":338},{"sectionNumber":"Part 9","sectionType":"part","heading":"General","content":"Part 9—General\n\n","sortOrder":339},{"sectionNumber":"254","sectionType":"section","heading":"Secretary may delegate powers to employees","content":"\t254 Secretary may delegate powers to employees\n\nThe Secretary, by instrument, may delegate to any employee in the Department any of the powers, discretions or functions which this Act gives to the Secretary except—\n\n(a) this power of delegation; and\n\n(b) any power, discretion or function which the Secretary exercises or performs as a delegate.\n\nS. 254A inserted by No. 49/2013 s. 66.\n\n","sortOrder":340},{"sectionNumber":"254A","sectionType":"section","heading":"Public officials to expedite projects","content":"\t254A Public officials to expedite projects\n\n(1) If the Planning Minister, Secretary or a public entity Head (within the meaning of the **Public Administration Act 2004**) is required to do any act for the purposes of this Act, including making any decision or forming any opinion, that act must be done as expeditiously as is reasonably practicable, in any event within the time limits prescribed or any extension of those time limits allowed by or under this Act.\n\n(2) The Governor in Council, on the recommendation of the Premier, may by Order published in the Government Gazette require a Minister, Department Head, Administrative Office Head (within the meaning of the **Public Administration Act 2004**) or a public entity Head (within the meaning of the **Public Administration Act 2004**) to carry out their function under this Act within a time specified in the Order, and that person must comply with the requirement.\n\n(3) A requirement under subsection (2) cannot vary any time prescribed by or under an Act.\n\n","sortOrder":341},{"sectionNumber":"255","sectionType":"section","heading":"Enforcement of Building Act 1993","content":"\t255 Enforcement of Building Act 1993\n\n(1) Despite anything to the contrary in the **Building Act 1993**, the Minister administering that Act may, by Order published in the Government Gazette, declare that the administration and enforcement in relation to all or part of an approved project of any of the provisions of that Act and the regulations made under that Act is to be carried out by the project authority or any other person or body specified in the Order and in accordance with the terms and conditions of the Order.\n\n(2) The **Building Act 1993** and the regulations under that Act apply for the purpose of this section as if a reference to a council or a relevant building surveyor or a municipal building surveyor were a reference to the project authority or the relevant person or body specified in an Order under this section.\n\n","sortOrder":342},{"sectionNumber":"256","sectionType":"section","heading":"Taxes and duties","content":"\t256 Taxes and duties\n\nS. 256(1) amended by No. 48/2024 s. 42.\n\n(1) No duty is payable under the **Duties Act 2000** in respect of an agreement made for the purpose of an approved project.\n\nS. 256(1A) inserted by No. 49/2013 s. 67.\n\n(1A) No duty is payable under the **Duties Act 2000** in respect of any transfer of land made for the purpose of an approved project.\n\n(2) No land tax is payable in respect of leased land.\n\n(3) No land tax is payable by a licensee in respect of licensed land.\n\n(4) No fee is payable to the Registrar of Titles in respect of a dealing lodged with the Registrar relating to surplus land or project land disposed of under Subdivision 4 of Division 7 of Part 6.\n\nS. 256(5) inserted by No. 43/2021 s. 212.\n\n(5) For the purposes of this section—\n\n(a) a reference to an agreement made for the purposes of an approved project includes a reference to an agreement made in relation to an acquisition or transfer or other disposal of land under Division 1AA of Part 6; and\n\n(b) a reference to a transfer of land made for the purposes of an approved project includes a reference to a transfer of land under Division 1AA of Part 6.\n\n","sortOrder":343},{"sectionNumber":"257","sectionType":"section","heading":"Rates and charges","content":"\t257 Rates and charges\n\n(1) Leased land and licensed land are not rateable land within the meaning of section 154 of the **Local Government Act 1989**.\n\n(2) Section 221 of the **Local Government Act 1989** does not apply in respect of land in a project area.\n\n","sortOrder":344},{"sectionNumber":"258","sectionType":"section","heading":"Limitation on powers of Councils to make local laws","content":"\t258 Limitation on powers of Councils to make local laws\n\nS. 258(1) amended by No. 9/2020 s. 390(Sch. 1 item 67.2).\n\n(1) A Council must not make a local law under the **Local Government Act 2020** for or with respect to—\n\n(a) a project area; or\n\nS. 258(1)(ab) inserted by No. 43/2021 s. 213.\n\n(ab) the doing of anything referred to in section 165B; or\n\n(b) the carrying out of works for the purposes of an approved project (including the timing of works for and standards of construction of those works); or\n\n(c) restricting the use of any road for access to or egress from licensed land or a temporary construction site for the carrying out of works for the purposes of an approved project; or\n\n(d) the retention of trees, vegetation or earthworks in relation to an approved project.\n\nS. 258(2) amended by No. 9/2020 s. 390(Sch. 1 item 67.3).\n\n(2) Without limiting sections 71(2) and (3) and 72 of the **Local Government Act 2020**, a local law, whether made before or after the commencement of this section, is inoperative to the extent that it makes provision for or with respect to or affecting any matter or thing referred to in subsection (1).\n\n(3) Without limiting subsection (2), a local law is inoperative to the extent that it is inconsistent with the exercise by a project authority of its powers or functions under this Act or any other Act or under a licence or a lease issued or granted under this Act.\n\n(4) Without limiting subsection (2), a local law is inoperative to the extent that it has the effect of, or is exercised in a manner directed at, preventing, hindering or disrupting a project authority or the holder of a licence issued under section 173 or lease granted under section 177 in the performance of an obligation or the pursuit of a right for the purposes of an approved project, if the Governor in Council, by Order published in the Government Gazette, declares it to be inoperative.\n\nS. 258(5) substituted by No. 48/2024 s. 36.\n\n(5) In this section—\n\n***temporary construction site*** means any land entered under the powers under—\n\n(a) Subdivision 1 of Division 7 of Part 6; or\n\n(b) section 165P; or\n\n(c) section 167.\n\nS. 258A inserted by No. 49/2013 s. 68.\n\n","sortOrder":345},{"sectionNumber":"258A","sectionType":"section","heading":"Approval of Councils not required","content":"\t258A Approval of Councils not required\n\nS. 258A(1) substituted by No. 43/2021 s. 214.\n\n(1) Despite anything to the contrary in any other enactment or law (other than the **Charter of Human Rights and Responsibilities Act 2006**), a permit, licence, consent, approval or other authority (other than a planning permit) is not required from any Council for—\n\n(a) the carrying out of works for the purposes of an approved project by—\n\n(i) the project authority in or outside the project area; or\n\n(ii) the holder of a licence issued under section 173 in the project area; or\n\n(iii) the holder of a lease granted under section 177 in the project area; or\n\n(b) the doing of anything under section 165B by a project authority or any person authorised in writing by a project authority.\n\n(2) Nothing in this section derogates from any requirement relating to standards of construction and safety that may apply under any other Act.\n\n","sortOrder":346},{"sectionNumber":"259","sectionType":"section","heading":"Action by Registrar of Titles","content":"\t259 Action by Registrar of Titles\n\n(1) On being requested to do so and on delivery of any relevant instrument or document (but without production of a duplicate Crown grant or certificate of title), the Registrar of Titles must, as soon as practicable—\n\n(a) make any recordings in the Register that are necessary because of the operation of this Act; and\n\n(b) register any lease made in accordance with the purposes of an approved project.\n\n(2) Division 4 of Part IV of the **Transfer of Land Act 1958** applies to any acquisition of land by a project authority under Part 6 as if the Crown were the acquiring authority rather than the authority.\n\n","sortOrder":347},{"sectionNumber":"260","sectionType":"section","heading":"Exclusion of proportionate liability under Wrongs Act 1958","content":"\t260 Exclusion of proportionate liability under Wrongs Act 1958\n\n(1) Despite anything to the contrary in Part IVAA of the **Wrongs Act 1958**, that Part does not—\n\n(a) prevent a project authority and another person, or a project contractor and another person, from making express provision for their rights, obligations and liabilities under a contract relating to an approved project with respect to any matter to which that Part applies; and\n\n(b) limit or otherwise affect the operation of any such express provision in such a contract.\n\n(2) Subsection (1) extends to any provision in Part IVAA of the **Wrongs Act 1958** even if the provision applies to liability in contract.\n\n","sortOrder":348},{"sectionNumber":"261","sectionType":"section","heading":"Time limit for proceedings for reviews of approval decisions","content":"\t261 Time limit for proceedings for reviews of approval decisions\n\n(1) This section applies if the Planning Minister makes an approval decision.\n\n(2) Despite anything to the contrary in the **Administrative Law Act 1978** or in any rules of court, a proceeding for a review of the approval decision must be commenced in the Supreme Court within 21 days after notice of the making of the decision is published in the Government Gazette in accordance with section 82.\n\n","sortOrder":349},{"sectionNumber":"262","sectionType":"section","heading":"Reviews of approval decisions","content":"\t262 Reviews of approval decisions\n\n(1) This section applies if a proceeding is commenced in the Supreme Court under the **Administrative Law Act 1978** or otherwise for a review of an approval decision.\n\n(2) The Supreme Court may hear and determine the proceeding or any matter in the proceeding—\n\n(a) as expeditiously as possible; and\n\n(b) with as much informality as is possible in accordance with the rules of evidence.\n\n(3) In addition, the Supreme Court, in hearing and determining the proceeding or any matter in the proceeding must have regard to—\n\n(a) the need for the expeditious development of transport infrastructure in order for services to be provided by means of such infrastructure for the benefit of the Victorian community; and\n\n(b) the need for increased cost certainty and increased risk certainty in the delivery of declared projects.\n\n","sortOrder":350},{"sectionNumber":"263","sectionType":"section","heading":"No appeal or review of decisions under Parts 1, 2, 3 or 4 (except approval decisions)","content":"\t263 No appeal or review of decisions under Parts 1, 2, 3 or 4 (except approval decisions)\n\n(1) It is the intention of Parliament, by the enactment of this section, to preclude any appeal or review of any kind by the Supreme Court or any other court, or a tribunal (including VCAT), of any decision to which this section applies.\n\n(2) In this section ***decision*** means—\n\n(a) a decision of a person or body under a provision of Part 1, 2, 3 or 4 (however described) other than a decision of the Planning Minister under section 77 (a ***specified decision***); or\n\n(b) a purported specified decision; or\n\n(c) a failure by a person or body to make a specified decision; or\n\n(d) a decision or purported decision made by a person or body for the purpose of making a specified decision; or\n\n(e) a decision or purported decision of the Planning Minister under section 77 that is taken to be a decision under an applicable law by operation of section 84.\n\nS. 263(3) amended by No. 69/2009 s. 54(Sch. Pt 2 item 33).\n\n(3) A decision is not liable to be challenged, appealed against, reviewed, quashed or called in question in any court or tribunal (including VCAT) on any account or before any person acting judicially within the meaning of the **Evidence (Miscellaneous Provisions) Act 1958**.\n\n(4) In addition, without limiting subsection (3), no proceedings—\n\n(a) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration or injunction on any ground, including an absence of jurisdiction, an excess of jurisdiction or any other ground of review; or\n\n(b) seeking any order under the **Administrative Law Act 1978** (whether on the ground of absence of jurisdiction or excess of jurisdiction or any other ground)—\n\nmay be brought against the person or body in respect of a decision or any proceedings relating to that decision or any other matter incidental to the making of that decision.\n\n(5) Subsections (3) and (4) apply despite anything to the contrary in an applicable law.\n\nS. 264 repealed by No. 70/2013 s. 3(Sch. 1 item 30), new s. 264 inserted by No. 43/2021 s. 215.\n\n","sortOrder":351},{"sectionNumber":"264","sectionType":"section","heading":"How notices or documents may be given","content":"\t264 How notices or documents may be given\n\n(1) Subject to this section, a notice or other document that is required to be given to a person under this Act may be given to that person by any of the following methods—\n\n(a) by delivering it personally to the person;\n\n(b) by leaving it at the usual or last known place of business of the person with a person over the age of 16 years and apparently residing at that place or (in the case of a place of business) apparently in charge of or employed at that place;\n\n(c) by sending it by post, addressed to the person at the usual or last known place of residence or business of that person;\n\n(d) if the person has given an alternative address—by sending it by post to that address;\n\n(e) if the person has given an electronic address as an address for receiving notices or other documents—by sending it by electronic communication to that electronic address.\n\n(2) If a person (the ***first person***) is required under this Act to give notice to an owner or occupier of land that relates to that land or to another person in relation to particular land and the first person does not know the location of the owner or occupier or that other person after making reasonable efforts to locate the owner or occupier or that other person, the first person may give notice to that owner or occupier of the land or that other person by—\n\n(a) publishing a copy of the notice, in a newspaper circulating generally throughout Victoria; and\n\n(b) affixing the notice in a prominent place on the land to which it relates; and\n\n(c) including in the notice sufficient information to identify the owner or occupier or that other person (either individually or as part of a group or class).\n\n(3) If, under this Act, the person required be given a notice or other document is a Minister, public authority or committee of management under the **Crown Land (Reserves) Act 1978**, the notice or other document—\n\n(a) may be given to a person authorised by that Minister, public authority or committee to receive the notice or document on behalf of that Minister, public authority or committee of management; or\n\n(b) may be left at the principal office of that Minister, public authority or committee.\n\n(4) A notice that is required to be given to an owner or occupier of land under this Act may be addressed by the description of \"the owner\" or \"the occupier\" of the land (naming it) in respect of which the notice is given, without further name or description.\n\n","sortOrder":352},{"sectionNumber":"265","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t265 Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 263 to alter or vary section 85 of the **Constitution Act 1975**.\n\n","sortOrder":353},{"sectionNumber":"266","sectionType":"section","heading":"Regulations","content":"\t266 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) fees;\n\n(b) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) A power conferred by subsection (1)(a) to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—\n\n(a) specific fees;\n\n(b) maximum fees;\n\n(c) minimum fees;\n\n(d) fees that vary according to value or time;\n\n(e) the manner of payment of fees;\n\n(f) the time or times at which fees are to be paid.\n\n(3) The regulations—\n\n(a) may be of general or limited application;\n\n(b) may differ according to differences in time, place or circumstance;\n\n(c) may confer a discretionary authority or impose a duty on a specified person or class of person.\n\nPt 10 (Heading and s. 267) inserted by No. 49/2013 s. 70.\n\n","sortOrder":354},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional provisions—Major Transport Projects Facilitation Amendment (East West Link and Other Projects) Act 2013","content":"Part 10—Transitional provisions—Major Transport Projects Facilitation Amendment (East West Link and Other Projects) Act 2013\n\nS. 267 inserted by No. 49/2013 s. 70.\n\n","sortOrder":355},{"sectionNumber":"267","sectionType":"section","heading":"Project proponent of already declared projects may resubmit project proposal","content":"\t267 Project proponent of already declared projects may resubmit project proposal\n\n(1) A project proponent of a declared project that, immediately before the commencement of section 70 of the **Major Transport Projects Facilitation (East West Link and Other Projects) Act 2013** was the subject of a determination under section 30(1), may revise a project proposal and resubmit the revised proposal to the Planning Minister.\n\n(2) The Planning Minister must, within 10 business days after receiving a revised project proposal under this section, prepare scoping directions in accordance with section 30 or amended scoping directions in accordance with section 34A (as the case requires), having regard to the revised proposal.\n\nPt 11 (Heading and ss 268–270) inserted by No. 10/2019 s. 10.\n\n","sortOrder":356},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional provisions—Major Transport Projects Facilitation Amendment Act 2019","content":"Part 11—Transitional provisions—Major Transport Projects Facilitation Amendment Act 2019\n\nS. 268 inserted by No. 10/2019 s. 10.\n\n","sortOrder":357},{"sectionNumber":"268","sectionType":"section","heading":"Definitions","content":"\t268 Definitions\n\nIn this Part—\n\n***amending Act*** means **Major Transport Projects Facilitation Amendment Act 2019**;\n\n***commencement day*** means the day on which the amending Act comes into operation;\n\n***North East Link Project*** means the transport project declared to be a declared project under section 10, the declaration of which was published in the Government Gazette on 19 June 2018.\n\nS. 269 inserted by No. 10/2019 s. 10.\n\n","sortOrder":358},{"sectionNumber":"269","sectionType":"section","heading":"Identification of utility infrastructure and utilities for the purposes of North East Link Project","content":"\t269 Identification of utility infrastructure and utilities for the purposes of North East Link Project\n\nOn the commencement day, any steps taken by the project authority for the North East Link Project to identify utility infrastructure, and the utilities that own, operate or control that utility infrastructure, for the purposes of developing the North East Link Project are taken to be reasonable steps for the purposes of section 211 (as substituted by section 7 of the amending Act).\n\nS. 270 inserted by No. 10/2019 s. 10.\n\n","sortOrder":359},{"sectionNumber":"270","sectionType":"section","heading":"Utility responses in relation to location of utility infrastructure for the purposes of North East Link Project","content":"\t270 Utility responses in relation to location of utility infrastructure for the purposes of North East Link Project\n\n(1) This section applies if before the commencement day a utility has, in response to a request from the project authority for the North East Link Project about the location of utility infrastructure that it owns, operates or controls, given the project authority the requested information.\n\n(2) On the commencement day, the utility is taken to have complied with section 212 (as substituted by section 7 of the amending Act).\n\nPt 12 (Heading and ss 271−278) inserted by No. 43/2021 s. 216.\n\n","sortOrder":360},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional provisions—Suburban Rail Loop Act 2021","content":"Part 12—Transitional provisions—Suburban Rail Loop Act 2021\n\nS. 271 inserted by No. 43/2021 s. 216.\n\n","sortOrder":361},{"sectionNumber":"271","sectionType":"section","heading":"Entry or temporary occupation under the Land Acquisition and Compensation Act 1986","content":"\t271 Entry or temporary occupation under the Land Acquisition and Compensation Act 1986\n\n(1) If a project authority, or a person authorised by a project authority, entered or temporarily occupied land under section 74 or 75 of the **Land Acquisition and Compensation Act 1986** as modified by this Act (as in force immediately before the commencement of section 151(2) of the **Suburban Rail Loop Act 2021**), Part 9 of the **Land Acquisition and Compensation Act 1986**, as modified by this Act (as in force immediately before that commencement), continues to apply on and after that commencement in relation to that entry or occupation.\n\n(2) If a project authority gave notice under section 74(2) of the **Land Acquisition and Compensation Act 1986** before the commencement of section 151(2) of the **Suburban Rail Loop Act 2021**, the project authority, or a person authorised by the project authority, may enter the land to which the notice relates on or after that commencement and exercise any powers under section 74(1) of the **Land Acquisition and Compensation Act 1986** and, for that purpose Part 9 of the **Land Acquisition and Compensation Act 1986**, as modified by this Act (as in force immediately before that commencement), continues to apply.\n\n(3) If a project authority gave notice under section 75(3) of the **Land Acquisition and Compensation Act 1986** before the commencement of section 151(2) of the **Suburban Rail Loop Act 2021**, the project authority, or a person authorised by the project authority, may enter the land to which the notice relates on or after that commencement and exercise any powers under section 75 of the **Land Acquisition and Compensation Act 1986** and, for that purpose Part 9 of the **Land Acquisition and Compensation Act 1986**, as modified by this Act (as in force immediately before that commencement), continues to apply.\n\n(4) Sections 120 and 121, as in force immediately before the commencement of section 152 of the **Suburban Rail Loop Act 2021**, continue to apply on and after that commencement in relation to any entry or temporary occupation referred to in subsection (1), (2) or (3).\n\n(5) Any person with an interest in land that has been entered or temporarily occupied under Part 9 of the **Land Acquisition and Compensation Act 1986** as continued by the operation of subsection (1), (2) or (3) is entitled to claim compensation under section 47 of that Act and that Act, as modified by this Act (as in force immediately before the commencement of section 151(2) of the **Suburban Rail Loop Act 2021**), continues to apply.\n\nS. 272 inserted by No. 43/2021 s. 216.\n\n","sortOrder":362},{"sectionNumber":"272","sectionType":"section","heading":"Compensation in relation to underground land","content":"\t272 Compensation in relation to underground land\n\nSections 163 and 164, as in force immediately before the commencement of section 187 of the **Suburban Rail Loop Act 2021**, continue to apply on and after that commencement in relation to an Order published in the Government Gazette under section 162 before that commencement.\n\nS. 273 inserted by No. 43/2021 s. 216.\n\n","sortOrder":363},{"sectionNumber":"273","sectionType":"section","heading":"Compensation in relation to public land","content":"\t273 Compensation in relation to public land\n\nSection 169, as in force immediately before the commencement of section 193 of the **Suburban Rail Loop Act 2021**, continues to apply on and after that commencement in relation to anything done by, or on behalf of, a project authority under section 167 before that commencement.\n\nS. 274 inserted by No. 43/2021 s. 216.\n\n","sortOrder":364},{"sectionNumber":"274","sectionType":"section","heading":"Temporary access to Crown land","content":"\t274 Temporary access to Crown land\n\nSection 170, as in force immediately before the commencement of section 194 of the **Suburban Rail Loop Act 2021**, continues to apply on and after that commencement to the use of any Crown land for the purposes of an approved project if that use was authorised by or under that section before that commencement and was ongoing immediately before that commencement.\n\nS. 275 inserted by No. 43/2021 s. 216.\n\n","sortOrder":365},{"sectionNumber":"275","sectionType":"section","heading":"Exercise of powers relating to roads","content":"\t275 Exercise of powers relating to roads\n\n(1) Anything done by a project authority under section 186 as in force immediately before the commencement of section 203 of the **Suburban Rail Loop Act 2021** (other than the discontinuance or realignment of a road) is taken on and after that commencement to have been done under section 186 (as substituted by section 203 of that Act) or section 186D(1)(d) or (e), as the case requires, and section 186E is taken to be have been complied with in relation to the closing of a road under section 186 before the commencement of section 203.\n\n(2) A road temporarily closed to traffic under section 190 that is closed immediately before the commencement of section 206 of the **Suburban Rail Loop Act 2021** is taken on and after that commencement to be closed under 186D(1)(d) and section 186E is taken to be have been complied with in relation to that closure.\n\nS. 276 inserted by No. 43/2021 s. 216.\n\n","sortOrder":366},{"sectionNumber":"276","sectionType":"section","heading":"Compensation for relocated roads","content":"\t276 Compensation for relocated roads\n\n(1) This section applies if before the commencement of section 207 of the **Suburban Rail Loop Act 2021** there had been a relocation of a road that had the effect of denying access to land and for which compensation has not been paid under section 191 before that commencement.\n\n(2) Section 191, as in force immediately before the commencement of section 207 of the **Suburban Rail Loop Act 2021**, continues to apply on and after that commencement in relation to that relocation of that road.\n\nS. 277 inserted by No. 43/2021 s. 216.\n\n","sortOrder":367},{"sectionNumber":"277","sectionType":"section","heading":"Compensation for utilities affected by relocated roads","content":"\t277 Compensation for utilities affected by relocated roads\n\n(1) This section applies if before the commencement of section 209 of the **Suburban Rail Loop Act 2021** there had been a relocation of a road that had adversely affected a utility for which compensation has not been paid under section 192 before that commencement.\n\n(2) Section 192, as in force immediately before the commencement of section 209 of the **Suburban Rail Loop Act 2021**, continues to apply on and after that commencement in relation to the relocation of that road.\n\nS. 278 inserted by No. 43/2021 s. 216, repealed by No. 56/2009 s. 278(6).\n\nPt 13 (Heading and ss 278, 279) inserted by No. 48/2024 s. 43.\n\n","sortOrder":368},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional regulation‑making power—Transport Infrastructure and Planning Legislation Amendment Act 2024","content":"Part 13—Transitional regulation‑making power—Transport Infrastructure and Planning Legislation Amendment Act 2024\n\nNew s. 278 inserted by No. 48/2024 s. 43.\n\n","sortOrder":369},{"sectionNumber":"278","sectionType":"section","heading":"Regulations dealing with transitional matters","content":"\t278 Regulations dealing with transitional matters\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Part 2 of the **Transport Infrastructure and Planning Legislation Amendment Act 2024**, including any repeals and amendments made by or as a result of the enactment of that Act.\n\n(2) Regulations made under this section may—\n\n(a) have a retrospective effect to a day on or after a date not earlier than the day on which the **Transport Infrastructure and Planning Legislation Amendment Act 2024** receives the Royal Assent;\n\n(b) be of limited or general application;\n\n(c) differ according to time, place or circumstances;\n\n(d) leave any matter or thing to be decided by a specified person or class of person.\n\n(3) Regulations under this section have effect despite anything to the contrary in—\n\n(a) this Act or any other Act (other than the **Transport Infrastructure and Planning Legislation Amendment Act 2024** or the **Charter of Human Rights and Responsibilities Act 2006**); or\n\n(b) any subordinate instrument.\n\n(4) The following are not required for any proposed statutory rule that is to be made under this section—\n\n(a) consultation under section 6 of the **Subordinate Legislation Act 1994**;\n\n(b) the preparation of a regulatory impact statement under section 7 of the **Subordinate Legislation Act 1994**.\n\nS. 279 inserted by No. 48/2024 s. 43.\n\n","sortOrder":370},{"sectionNumber":"279","sectionType":"section","heading":"Repeal of this Part","content":"\t279 Repeal of this Part\n\nThis Part is **repealed** on the second anniversary of the day on which it comes into operation.\n\nSchedules\n\nSch. 1 amended by Nos 49/2013 s. 71, 7/2017 s. 302(7), 26/2018 s. 93, 28/2019 s. 51(3), 39/2018 s. 41(24).\n\nSchedule 1—Applicable laws and applicable approvals\n\n**TABLE**\n\n| *Column 1*<br>*Applicable law* | *Column 2*<br>*Applicable approval* |\n| **Marine and Coastal Act 2018** | A consent given in a coastal and marine management plan under section 62<br>A consent given under section 70.<br>A prescribed consent |\n| **Conservation, Forests and Lands Act 1987** | Comment under section 66 |\n| **Environment Protection Act 2017** | Development licence under section 69<br>Permission under Chapter 4 that specifies the transport of priority waste or activities relating to septic tanks |\n| **Flora and Fauna Guarantee Act 1988** | Permit under section 35<br>Licence under section 48(1)<br>Permit under section 48(2)<br>Licence or permit under section 53(1) to take, trade in or keep listed fish |\n| **Forests Act 1958** | Licence or permit under section 52<br>Permit under section 59(1)<br>Authority under section 77 |\n| **Heritage Act 2017** | Permit under section 77<br>Permit under section 102<br>Consent under section 124 |\n| **National Parks Act 1975** | Permit under section 21(1)(a)<br>Approval under section 23<br>Consent under section 25<br>Consent under section 27 |\n| **Planning and Environment Act 1987** | Preparation, approval and adoption of a planning scheme or an amendment to a planning scheme under sections 8, 29 and 35<br>Granting and issue of a planning permit under section 61 |\n| **Road Management Act 2004** | Consent under clause 1 of Schedule 2<br>Decision under clause 2 of Schedule 2<br>Consent under clause 16 of Schedule 7 |\n| **Water Act 1989** | Licence under section 51<br>Licence under section 67 |\n| **Wildlife Act 1975** | Authority under section 21(1), (2) or (3)<br>Licence under section 22(1)<br>Authorisation under section 28A |\n\nSch. 2 amended by No. 93/2009 s. 43(12), repealed by No. 70/2013 s. 3(Sch. 1 item 30).\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n *Minister's second reading speech—*\n\n *Legislative Assembly: 13 August 2009*\n\n *Legislative Council: 3 September 2009*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to facilitate the development of major transport projects and for other purposes.\"\n\n **Constitution Act 1975:**\n\n *Section 85(5) statement:*\n\n *Legislative Assembly: 13 August 2009*\n\n *Legislative Council: 3 September 2009*\n\n *Absolute majorities:*\n\n *Legislative Assembly: 3 September 2009*\n\n\t*Legislative Council: 17 September 2009*\n\nThe **Major Transport Projects Facilitation Act 2009** was assented to on 29 September 2009 and came into operation on 1 November 2009: Government Gazette 29 October 2009 page 2729.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Major Transport Projects Facilitation Act 2009** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Major Transport Projects Facilitation Act 2009, No. 56/2009**\n\n| Assent Date: | 29.9.09 |\n| Commencement Date: | S. 278(6) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1 |\n| Note: | S. 278(6) repealed s. 278 on 1.12.23 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 54(Sch. Pt 2 item 33) on 1.1.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009**\n\n| Assent Date: | 15.12.09 |\n| Commencement Date: | S. 43 on 17.12.09: Government Gazette 17.12.09 p. 3339 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| Commencement Date: | Ss 25(5)(Sch. 2 item 7), 203(1)(Sch. 6 item 30) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010**\n\n| Assent Date: | 18.5.10 |\n| Commencement Date: | S. 85 on 22.5.10: Government Gazette 20.5.10 p. 988 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Marine Safety Act 2010, No. 65/2010**\n\n| Assent Date: | 28.9.10 |\n| Commencement Date: | S. 420(Sch. 3 item 11) on 1.7.12: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011**\n\n| Assent Date: | 15.11.11 |\n| Commencement Date: | S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 5, Sch. 2 item 3 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Rail Safety National Law Application Act 2013, No. 22/2013**\n\n| Assent Date: | 23.4.13 |\n| Commencement Date: | S. 60 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Major Transport Projects Facilitation Amendment (East West Link and Other Projects) Act 2013, No. 49/2013**\n\n| Assent Date: | 10.9.13 |\n| Commencement Date: | Ss 4–71 on 25.9.13: Special Gazette (No. 337) 24.9.13 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| Commencement Date: | Ss 3(Sch. 1 item 30), 4(Sch. 2 item 28) on 1.12.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| Commencement Date: | S. 10(Sch. item 105) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Statute Law Revision Act 2015, No. 21/2015**\n\n| Assent Date: | 16.6.15 |\n| Commencement Date: | S. 3(Sch. 1 item 33) on 1.8.15: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Heritage Act 2017, No. 7/2017**\n\n| Assent Date: | 15.3.17 |\n| Commencement Date: | S. 302 on 1.11.17: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017**\n\n| Assent Date: | 24.10.17 |\n| Commencement Date: | S. 83 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Marine and Coastal Act 2018, No. 26/2018**\n\n| Assent Date: | 26.6.18 |\n| Commencement Date: | S. 93 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Environment Protection Amendment Act 2018, No. 39/2018** (as amended by No. 11/2020)\n\n| Assent Date: | 28.8.18 |\n| Commencement Date: | S. 41 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019**\n\n| Assent Date: | 26.3.19 |\n| Commencement Date: | S. 44 on 8.7.19: Special Gazette (No. 282) 2.7.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019**\n\n| Assent Date: | 26.3.19 |\n| Commencement Date: | S. 113 on 19.2.20: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Major Transport Projects Facilitation Amendment Act 2019, No. 10/2019**\n\n| Assent Date: | 7.5.19 |\n| Commencement Date: | Ss 4–11 on 8.5.19: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019**\n\n| Assent Date: | 10.9.19 |\n| Commencement Date: | S. 51 on 1.6.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019**\n\n| Assent Date: | 6.11.19 |\n| Commencement Date: | S. 117(Sch. 1 item 8) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Transport Legislation Amendment Act 2019, No. 49/2019**\n\n| Assent Date: | 3.12.19 |\n| Commencement Date: | S. 186(Sch. 4 item 26) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 item 67) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**North East Link Act 2020, No. 18/2020**\n\n| Assent Date: | 10.6.20 |\n| Commencement Date: | S. 136 on 1.3.21: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Suburban Rail Loop Act 2021, No. 43/2021**\n\n| Assent Date: | 19.10.21 |\n| Commencement Date: | Ss 133–217 on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Statute Law Revision Act 2024, No. 13/2024**\n\n| Assent Date: | 23.4.24 |\n| Commencement Date: | S. 3(Sch. 1 item 10) on 24.4.24: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n**Transport Infrastructure and Planning Legislation Amendment Act 2024, No. 48/2024**\n\n| Assent Date: | 26.11.24 |\n| Commencement Date: | Ss 3–18, 21–36, 39–44 on 27.11.24: s. 2(1); ss 19, 20, 37, 38 on 1.7.25: Special Gazette (No. 308) 17.6.25 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Major Transport Projects Facilitation Act 2009** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":371}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to operate broadly as intended — as a facilitation mechanism for major transport infrastructure. There is no clear evidence from the provided excerpt that the scope has materially shifted from its original purpose of streamlining approvals for large transport projects in Victoria."},"complexity_factors":["Intersects with multiple other legislative regimes including the Planning and Environment Act 1987, Land Acquisition and Compensation Act 1986, and Environment Effects Act 1978","Creates parallel approval pathways that interact with — and can override — standard Victorian planning law","Involves multiple government actors (Ministers, project proponents, authorities) with overlapping powers and responsibilities","Compulsory acquisition provisions involve detailed legal processes around compensation, objections, and appeals","Land reservation and corridor protection mechanisms have complex property law implications for affected landowners","Ministerial discretions are broad and not always subject to merits review (appeal on the substance of a decision), limiting legal recourse","Environmental assessment obligations must be integrated with the facilitated approval process, requiring careful navigation","Provisions apply differently depending on project type, scale, and how the project is formally declared","Limited source material available in the excerpt provided — full text would likely reveal additional complexity in procedural requirements and definitions"],"plain_english_summary":"The Act creates a streamlined, single approvals pathway for large Victorian transport projects (roads, rail, tunnels, bridges), letting the government declare “major transport projects” and fast-track decisions. It affects project proponents, government agencies, local councils, landowners near corridors, and the public who may consult.\n\nIt allows corridor reservation and compulsory land acquisition, integrates environmental assessment, and can override normal planning processes—speeding delivery but concentrating decision-making power with the Minister and reducing some local controls."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. Since enactment the Act has been amended repeatedly to broaden its delivery and land‑management toolkit well beyond a narrow single‑project fast‑track. Additions include: expanded project authority powers to deal in land before formal designation (Division 1AA ss.111A–111D), specific rules for underground strata and easements (ss.162–162B, 163), detailed utilities interface and binding expert determination machinery (Part 7, ss.211–233, 226), community asset agreements (ss.185A–185G), enhanced road declaration/realignment powers (ss.186–186C), delegation of road/utilities functions to contractors (s.105), and a statutory transitional/regulation‑making power permitting retrospective transitional rules (Part 13, s.278). These reforms materially expand the State’s property, contractual and delivery capacities, add technical regimes (e.g. subterranean rights), and increase ministerial and administrative discretion compared with the Act’s original, narrower facilitation purpose (see original purpose s.1 and the added powers across Parts 6–7 and s.263)."},"complexity_factors":["Very large statute: over 270 numbered provisions plus Schedules and extensive amendments (Parts 1–13 and Schedules).","Extensive interpretation section (s.3) with dozens of defined terms that drive multiple cross-references and special meanings (e.g. project land, underground land, applicable law).","Two parallel, materially different assessment pathways (impact management plan v comprehensive impact statement) with separate scoping, timing and consultation rules (Part 3 Divs.4–5).","Multiple time-critical procedural deadlines (s.20(4), s.30(2), s.42(1), s.45, s.68, s.73, s.81) with suspension/extension rules (ss.24,32,33).","Heavy cross-referencing to many external Acts (Land Acquisition and Compensation Act 1986; Planning and Environment Act 1987; Road Management Act 2004; Crown Land (Reserves) Act 1978; Native Title Act 1993; Environment Protection Act 2017, Heritage Act 2017 etc.).","Complex land/personal‑property regime: compulsory acquisition, vesting, extinguishment of easements, temporary occupation, underground strata declarations and special compensation rules (Part 6: ss.112–117, 116A, 162–165, 165P–165ZA).","Robust utilities interface with mandated notification, negotiation periods and an expert determination process with binding outcomes and cost‑apportionment (Part 7, ss.211–233, 226).","Wide ministerial and delegated discretions (Premier/Project Minister, Planning Minister powers to declare/add scope, delegations to contractors, Orders in Council for land dealings: ss.10, 14, 15A, 15AB, 105–106, various Orders).","Significant constraints on judicial review and appeals (s.263) plus compressed court timeframes for review of approval decisions (s.261).","Many conditional exceptions and nested provisions (e.g. when Parts 3 and 8 do/don't apply, when associated works fall under other laws, special rules for development licences under EPA—ss.10, 15B, 39, 51A)."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes a fast‑track statutory process for declaring, assessing, approving and delivering \"major transport projects\" in Victoria (see s.1, s.10, Parts 2–5). A declared project becomes an \"approved project\" once a project area is designated (Part 4, s.95).\n\n- Creates two alternate assessment tracks for declared projects:\n  - a lighter-weight \"impact management plan\" track (Division 4, Part 3), and\n  - a fuller \"comprehensive impact statement\" track with public exhibition, hearings and an independent assessment committee (Division 5, Part 3; Part 8).\n  The Planning Minister decides which track applies after receiving a project proposal (s.20).\n\n- Gives the Planning Minister the power to make a single approval decision that stands in place of many separate statutory approvals under other Acts (s.77, s.84; Schedule 1 lists the applicable laws). An approval decision can grant, refuse or attach conditions to the applicable approvals required for the project (s.80, s.84).\n\n- Creates a Project Minister, appoints a project proponent and allows the Project Minister to appoint a different entity as project authority (s.14, s.6). The project authority is the lead delivery body: it negotiates contracts, acquires and manages land, issues licences/leases and coordinates delivery (ss.101–102, Part 5).\n\n- Confers strong land and possession powers on project authorities (Part 6): compulsory acquisition (s.112), vesting (s.114), temporary occupation and entry powers (ss.165B–165D), expedited possession for residential/business land (ss.153–155), special rules for underground strata and easements (ss.162–165), powers to deal with Crown/public/Council land (ss.134–142B) and powers to acquire native title where necessary (ss.125–131).\n\n- Sets up a utilities interface process so project authorities identify utilities, require utilities to notify locations, negotiate \"utility agreements\" and, if necessary, use an expert dispute-resolution process with short statutory timeframes (Part 7, ss.211–233, 226). The Act also deals with unnotified utility infrastructure discovered during works (ss.232–234).\n\n- Gives project authorities extensive road-related powers: enter and work on roads, realign or discontinue roads, declare roads and manage temporary deviations/closures (ss.186–196, Division 8 of Part 6). It limits other road authorities’ ability to act inconsistently in project areas (s.188).\n\n- Provides a tight public participation framework for comprehensive impact statements: scoping directions, exhibition (min. 20 business days), submissions, preliminary and formal hearings, an assessment committee recommendation and then a ministerial approval decision (Div.5, Part 3; Part 8).\n\n- Limits merits and judicial review of many decisions under the Act (s.263), prescribes short time windows for court review of approval decisions (21 days—s.261) and fast-tracks Supreme Court review procedures (s.262).\n\n- Allows multiple delegations of ministerial and project functions, and permits delegations of certain project functions to project contractors (s.15A, ss.103–106).\n\n\n**Who this affects**\n\n- Project proponents and project authorities (public authorities and entities appointed for delivery): they obtain single approvals, special land powers and delivery authorities (ss.14, 101–102, Part 6).\n- Private landowners, occupiers, Councils and public authorities whose land or interests fall within a project area: the Act changes acquisition, compensation and occupation rules that govern their rights (Part 6, Divisions 1–7; ss.145–147, 151–160, 165K–165ZB).\n- Utilities (water, gas, electricity, telecommunications, drainage): they must respond to identification notices, negotiate relocation/protection arrangements and participate in a fast expert dispute process if negotiations fail (Part 7, ss.211–233, 226).\n- Local government and road authorities: their normal planning and road powers are constrained inside project areas; some approvals and local laws are inoperative to the extent inconsistent with the Act (ss.258, 189, 195).\n- Third parties with interests in land (including native title holders): the Act creates specific compulsory acquisition, consultation and VCAT referral procedures for native title (ss.125–131) and special compensation rules (s.132, s.163).\n- The public: the Act preserves some public consultation and hearings for the more comprehensive assessment track, but final approval is political (ministerial) rather than an independent permitting decision (Div.5, s.73, s.77).\n\n\n**Why it matters (official purpose, then practical trade-offs)**\n\n- Officially the Act exists \"to facilitate the development of major transport projects\" and to create \"a single approval for major transport projects\" that maintains opportunities for public consultation while improving timeliness and productivity in delivery (s.1; s.5).\n\n- Practical trade-offs and implementation risks:\n  - Concentration of approval power in a Minister: the Planning Minister makes the ultimate approval decision that can be treated as all required statutory approvals under other Acts (s.77, s.84). That centralises decision-making and speeds outcomes, but shifts political and legal accountability to a single decision-maker and reduces separate specialist decision-makers’ processes.\n  - Curtailment of external review: the Act expressly limits judicial review/appeal of most decisions under Parts 1–4 (s.263) and imposes short windows for court challenges of approval decisions (s.261). This lowers legal uncertainty and delay risk for project delivery, but substantially narrows avenues for third‑party challenge and judicial oversight.\n  - Powerful land and entry powers for expedited delivery: broad acquisition, vesting and temporary occupation powers (Part 6, ss.112,114,165D, 165P) allow construction to proceed quickly. Those powers change the timing and terms of compensation (ss.165K, 165Z, 163) and relax some standard acquisition procedural protections. Costs to affected owners are determined under modified compensation rules; administrative ease for delivery comes with increased legal and political risk if compensation is perceived as inadequate.\n  - Utility negotiation with binding expert determination: the Act imposes clear steps and short statutory timetables for utilities identification and negotiation (ss.211–214), and an expert determination process that produces an \"approved utility agreement\" binding the parties (s.226). That reduces coordination risk but can transfer the cost of delays (expert’s apportionment and liability rules) and can produce aggressive time-limited outcomes for utilities.\n  - Delegation to contractors and transfer of functions: project authorities may delegate road or utilities interface functions to project contractors (s.105–106). That facilitates single-source delivery models (PPP/OCC) but shifts operational control to private parties and may concentrate contract risk and discretion in contractors.\n  - Expanded Crown/Council land mechanisms: the Act includes multiple mechanisms to surrender, divest, designate, grant or revoke reservations over Crown and public authority land (ss.134–142B). These tools make government-held land easier to bring into projects but change which public entity pays or administers compensation and can reassign stewardship of public assets.\n  - Underground strata and easements: explicit powers to declare and acquire subterranean land and easements (ss.162–162B) broaden the range of land interests that can be acquired and vest, with special compensation thresholds (no compensation at depths ≥15m for some impacts—s.163(2)). This facilitates tunnelling but imposes novel property rights outcomes for strata owners.\n\n\n**Compliance, bureaucratic discretion and costs**\n\n- The Act imposes structured timeframes on Ministers, the Secretary and committees (e.g. 5 business days for the Planning Minister to decide on assessment track—s.20(4); 10 business days for the Secretary's review determination—s.42(1); 20 business days for ministerial approval after committee recommendation—s.81). Those deadlines reduce delay risk but may increase administrative pressure on decision-makers and encourage use of delegated powers (s.15A).\n\n- Compliance burdens fall on project proponents (preparing project proposals, fees, comprehensive statements, public exhibition duties; ss.19, 41, 49, 51) and on utilities (survey/plan obligations, negotiation timetable; ss.211–212). Project proponents also generally bear assessment committee costs (s.253).\n\n- The Act creates several discretionary instruments—scoping directions (ss.22,30), assessment committee terms of reference (ss.35–37), Ministerial conditions on approvals (s.80), delegations to contractors (s.105) and Orders to vary project areas (s.96). Discretion increases flexibility but also raises governance risks where processes and reasons are politically consequential.\n\n\n**Effects on private enterprise and market choices**\n\n- Contracting and delivery: project authorities can negotiate and enter major contracts and manage delivery (s.101(e), (k)). The Act facilitates single-provider delivery models and contracting with private project contractors (s.7, s.105), increasing opportunities for large contractors and concessionaires, while also concentrating negotiating power with the State/project authority.\n\n- Competition and prices: faster approval and reduced judicial delay can lower financing and delay risk, improving cost certainty for bidders; however, concentrated negotiation and delegation powers may favour incumbents or large firms capable of absorbing political and regulatory risk.\n\n- Property and transaction costs: special exemptions (no duty on project agreements/transfers—s.256) reduce transactional costs for project delivery, but compulsory acquisition, vesting and extinguishment rules (ss.112–116A, 136) impose direct costs on affected owners and utilities. The Act also enables the Project Minister to sell or lease surplus land (ss.181,185), potentially recycling project land for private development.\n\n\n**Concentrated benefits / diffuse costs / capture risks**\n\n- Benefits concentrate on project proponents, project contractors and entities able to secure large delivery contracts and favourable land dealings; costs are dispersed across affected landowners, utilities, local governments and third‑party submitters who face limited review routes.\n\n- The Act’s mechanisms (ministerial single approval, restricted judicial review, delegation to contractors, broad land powers and special Crown grants) create opportunities for expedited delivery but also raise capture and rent‑seeking risks where political discretion is exercised in awarding project roles, selecting project areas or transferring land (e.g. ss.6–7, 95–98, 181).\n\n\n**Key sections to note (examples)**\n- Purpose and objects: s.1, s.5\n- Declaration and project appointment: s.10, s.14, s.6–7\n- Assessment tracks and ministerial role: s.20, s.22, s.30, s.77, s.84\n- Project area designation: s.95–98A\n- Land acquisition and occupation powers: Part 6 (notably ss.112–116A, 165D, 165P–165ZC)\n- Utilities interface and expert dispute resolution: Part 7 (ss.211–233, 226)\n- Restriction on review and judicial appeal: s.263; review time limits s.261\n\n\n**Bottom line (neutral)**\nMechanically, the Act builds a single, minister-led pathway to approve and deliver major transport infrastructure quickly, by combining planning/approval consolidation, extensive land and road powers, tight timeframes, mandatory utility coordination rules, and fast dispute and compensation processes. The law reduces procedural multiplicity and legal delay for proponents, but does so by concentrating decision-making and limiting conventional review channels. Those trade-offs shift implementation risk and costs between the State, project proponents, landowners, utilities and third parties."},"kimi_summary":{"_metrics":{"completionTokens":979},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2009 scope. The 2024 amendments (Act No. 48/2024) added: (1) 'non-transport infrastructure' as a standalone defined concept with its own infrastructure categories; (2) a new Subdivision 1AA allowing entry and construction on land before formal acquisition; (3) community asset agreements for public amenities; (4) expanded road powers including realignment and traffic control devices; (5) new compensation frameworks for temporary diversions. The 2021 amendments (Suburban Rail Loop Act integration) added underground land acquisition powers and modified land entry provisions. The 2013 amendments introduced 'associated works' and modified assessment committee functions. What began as a streamlined approval mechanism has become a comprehensive land management and infrastructure delivery framework with increasingly prescriptive procedural requirements."},"complexity_factors":["Extensive cross-referencing — modifies at least 15 other Acts including Planning and Environment Act 1987, Land Acquisition and Compensation Act 1986, Road Management Act 2004, Crown Land (Reserves) Act 1978, and Environment Protection Act 2017","Multiple nested assessment pathways — two-tier system (impact management plan vs comprehensive impact statement) with subdivisions, scoping directions, public exhibition periods, preliminary hearings, formal public hearings, and supplementary assessments","47+ defined terms in section 3 alone, many with their own sub-definitions (e.g., 'project land' has 4 paragraphs, 'impact' has 3 sub-paragraphs)","Conditional logic throughout — numerous 'despite anything to the contrary' clauses, exceptions to exceptions (e.g., section 165K compensation exclusions for underground supports)","Temporal and procedural complexity — strict business day calculations (25 business days, 10 business days, etc.) with extension mechanisms and 'exceptional circumstances' triggers","Land law intricacies — deals with Crown land, reserved land, unreserved land, strata/underground land, native title, easements in gross, and temporary reservations","Transitional provisions spanning 4 separate amending Acts (2013, 2019, 2021, 2024) with overlapping savings clauses","Utility interface provisions with their own negotiation periods, dispute resolution timelines, and expert determination procedures"],"plain_english_summary":"**What this law does:**\n\nThis is Victoria's **Major Transport Projects Facilitation Act 2009** — a special law that creates a fast-track approval system for big transport projects like freeways, rail lines, and tunnels.\n\n**Key things it does:**\n\n- **Creates a \"one-stop shop\" for approvals** — Instead of needing dozens of separate permits from different government agencies, a major transport project can get a single \"approval decision\" from the Planning Minister that covers everything (planning permits, environmental approvals, heritage permits, etc.)\n\n- **Sets up a special assessment process** — Big projects go through either an \"impact management plan\" (simpler, faster) or a \"comprehensive impact statement\" (more detailed, with public hearings and an independent assessment committee). The Planning Minister decides which track applies.\n\n- **Gives project authorities sweeping powers** — Once appointed, a project authority can acquire land (including compulsory acquisition), enter and occupy land, move roads, deal with utilities (power, water, gas lines), and even declare restricted access areas with security powers.\n\n- **Streamlines land acquisition** — The Act modifies normal land acquisition laws to let project authorities take possession faster, enter land early for construction, and acquire underground land (strata below the surface) — with compensation but fewer procedural hurdles.\n\n- **Deals with utilities** — Special rules for negotiating with utilities (power, water, gas companies) about moving their infrastructure, including a dispute resolution system with an independent expert if negotiations fail.\n\n- **Limits some normal legal protections** — The Act explicitly prevents most court challenges to decisions made under it (except final approval decisions), and overrides some local council planning laws.\n\n**Who it affects:**\n- Anyone living or owning property near a declared major transport project\n- Utilities and service providers whose infrastructure may need relocation\n- Local councils, whose normal planning powers are restricted\n- The broader public, who get streamlined infrastructure but with reduced ability to challenge decisions\n\n**Why it matters:**\nThis law prioritises speed and certainty for major infrastructure over the usual checks and balances. It can deliver roads and rail faster, but at the cost of concentrated decision-making power and limited avenues for affected people to object."}},"importantCases":[],"_links":{"self":"/api/acts/major-transport-projects-facilitation-act-2009","history":"/api/acts/major-transport-projects-facilitation-act-2009/history","analysis":"/api/acts/major-transport-projects-facilitation-act-2009/analysis","conflicts":"/api/acts/major-transport-projects-facilitation-act-2009/conflicts","importantCases":"/api/acts/major-transport-projects-facilitation-act-2009/important-cases","documents":"/api/acts/major-transport-projects-facilitation-act-2009/documents"}}