{"id":"royal-melbourne-hospital-redevelopment-act-1992","name":"Royal Melbourne Hospital (Redevelopment) Act 1992","slug":"royal-melbourne-hospital-redevelopment-act-1992","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176184,"registerId":"vic-royal-melbourne-hospital-redevelopment-act-1992-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Royal Melbourne Hospital (Redevelopment) Act 1992","content":"Version No. 003\n\n**Royal Melbourne Hospital (Redevelopment) Act 1992**\n\n**No. 23 of 1992**\n\nVersion as at  \n11 October 2012\n\n**table of provisions**\n\n*Section Page*\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Amendment of planning scheme 2\n\n5 Application of Environment Protection Act 4\n\n6 Certain land may be used despite reservation 4\n\n7 Strata licensing 5\n\n8 No compensation payable by Crown or hospital 7\n\n9 Supreme Court—Limitation of jurisdiction 7\n\n__________________\n\nSCHEDULES 8\n\nSCHEDULE 1—Redevelopment project land 8\n\nSCHEDULE 2—University High School land 9\n\nSCHEDULE 3—Royal Melbourne Hospital site 10\n\nENDNOTES 11\n\n1. General Information 11\n\n2. Table of Amendments 12\n\n3. Explanatory Details 13\n\n\n\n**Version No.** **003**\n\n**Royal Melbourne Hospital (Redevelopment) Act 1992**\n\n**No. 23 of 1992**\n\nVersion as at  \n11 October 2012\n\n**The Parliament of Victoria enacts as follows:**\n\n\t1 Purpose\n\nThe purpose of this Act is to facilitate the redevelopment of the Royal Melbourne Hospital and, in doing so, to—\n\n(a) provide for planning controls on the redevelopment;\n\n(b) provide for the application of the **Environment Protection Act 1970** to the redevelopment;\n\n(c) facilitate the construction of an underground car park on land adjoining the Royal Melbourne Hospital site, to be used for hospital purposes and the purposes of the University High School.\n\n\t2 Commencement\n\nThis Act comes into operation on a day or days to be proclaimed.\n\n\t3 Definitions\n\nIn this Act—\n\n***hospital site*** means the land described in Schedule 3;\n\n***redevelopment project*** means the Royal Melbourne Hospital redevelopment proposal covering the land shown hatched and cross-hatched on the plan in Schedule 1, being a project for the staged redevelopment of the hospital site and neighbouring land to provide—\n\n(a) consulting rooms and microbiology laboratories on the hospital site; and\n\n(b) accident and emergency facilities, radiology facilities, coronary care facilities, a bone marrow centre and operating theatres on that site; and\n\n(c) a central energy supply system for the hospital; and\n\n(d) a car park underneath the land used by the University High School;\n\n(e) a technical facilities complex on the University High School site, for the use of the school—\n\nand includes road works and other works (whether on the hospital site or not) associated with the redevelopment described in paragraphs (a) to (e).\n\n\t4 Amendment of planning scheme\n\n(1) In addition to any other power to prepare, adopt or approve amendments to planning schemes, the Minister administering the **Planning and Environment Act 1987** may—\n\ns. 4\n\n(a) on the recommendation of the Minister administering the **Health Services Act 1988** prepare; and\n\n(b) adopt and approve—\n\namendments to any planning scheme applying to the land covered by the redevelopment project to facilitate that project.\n\n(2) Without limiting what an amendment may include, an amendment prepared under this section may impose any conditions on the development and use of the land covered by the redevelopment project that the Minister administering the **Planning and Environment Act 1987** may determine, and may provide that no permit is required for all or any part of that development or use of land.\n\n(3) The **Planning and Environment Act 1987** (except for section 12(1), (d) and (e), (2) and (3) and Divisions 1 and 2 of Part 3, and section 39(1) to (6) and any regulations made for the purposes of those provisions) applies to the preparation, adoption and approval of an amendment under this section.\n\ns. 4\n\n(4) This section has effect despite anything in section 46 of the **Planning and Environment Act 1987** and that section does not apply to an amendment prepared, adopted or approved under this section.\n\n(5) Section 39(7) of the **Planning and Environment Act 1987** applies to an amendment prepared, adopted or approved under this section as if before \"Division 1\" there were inserted \"section 12(1) or\".\n\n(6) Section 39(8) of the **Planning and Environment Act 1987** applies to an amendment prepared or adopted under this section as if—\n\n(a) the words \"Except for an application under this section\" were deleted; and\n\n(b) before \"Division 1\" there were inserted \"section 12(1) or\".\n\n(7) Nothing in this section prevents either House of Parliament exercising its power under section 38 of the **Planning Environment Act 1987**.\n\n\t5 Application of Environment Protection Act\n\n(1) A decision listed in subsection (2) cannot be appealed against, reviewed, challenged, quashed or called in question in any proceedings before a Court or Tribunal except by the person who is the subject of the decision.\n\ns. 5\n\n(2) This section applies to a decision of the Environment Protection Authority or a delegated agency made under the **Environment Protection Act 1970** in relation to—\n\n(a) a works approval, licence or permit under that Act; or\n\n(b) any other matter arising under that Act—\n\nand applying to anything concerning the redevelopment project.\n\n(3) This section has effect despite anything in the **Environment Protection Act 1970**.\n\n\t6 Certain land may be used despite reservation\n\n(1) The land shown cross-hatched on the plan in Schedule 1, being part of the land described in Schedule 2, may be used and developed, in accordance with the redevelopment project, for a car park.\n\n(2) Subsection (1) only authorises the use or development of land in accordance with any applicable provisions of any planning scheme and any licence in force under section 7.\n\n(3) This section applies despite anything to the contrary in the **Crown Land (Reserves) Act 1978**, the **Land Act 1958**, any instrument reserving land or anything in any other Act or law.\n\n\t7 Strata licensing\n\n(1) In this section—\n\n***relevant stratum of Crown land*** means a stratum of Crown land comprising any part of the land shown cross-hatched on the plan in Schedule 1, being part of the land described in Schedule 2;\n\n***Stratum of Crown land*** has the same meaning as in section 138A of the **Land Act 1958**.\n\n(2) The Minister may grant to the Royal Melbourne Hospital a licence or licences for a relevant stratum of Crown land or relevant strata of Crown land.\n\ns. 7\n\n(3) A licence authorises the licensee to enter, use and develop the land covered by the licence for the purposes of a car park in accordance with the redevelopment project.\n\n(4) The Minister must not grant a licence under this section unless he or she—\n\n(a) has first consulted the Minister administering the **Planning and Environment Act 1987**; and\n\n(b) has entered into an agreement or arrangement with the hospital under which the hospital agrees—\n\n(i) in carrying out the redevelopment project to interfere as little as possible with the use of the University High School oval by that school; and\n\n(ii) to reinstate the surface of the oval after building works are completed, except for those parts to be used as exits or exhaust outlets from the car park; and\n\n(iii) to permit the school to continue to use the oval and the road crossing it after building works are completed.\n\n(5) A licence under this section—\n\n(a) is subject to any conditions that the Minister thinks fit and specifies in the licence as to—\n\n(i) access to and use of the land covered by the licence; and\n\ns. 7\n\n(ii) the improvement of the land and the maintenance and repair of improvements; and\n\n(iii) the protection of the continued use of parts of the surface of the land by the school; and\n\n(iv) the reinstatement of existing access routes across the surface of the land covered by the licence; and\n\n(b) is subject to any other terms or conditions that the Minister determines and specifies in the licence; and\n\n(c) may be granted or renewed for a term of not more than 50 years.\n\n(6) Subject to this section, section 138A(8), (9) and (10) of the **Land Act 1958** apply with the necessary modifications to a licence under this section as if it were a licence for a stratum of Crown land issued under section 138 of that Act.\n\n(7) Sections 138 and 140 of the **Land Act 1958** do not apply to a licence under this section.\n\n(8) Nothing in this section affects or takes away from the operation of section 4 or any amendments made under that section.\n\n\t8 No compensation payable by Crown or hospital\n\nNo compensation is payable by the Crown or the Royal Melbourne Hospital because the hospital uses or develops land in accordance with this Act and any licence issued under it but inconsistently with the reservation of the land.\n\ns. 8\n\n\t9 Supreme Court—Limitation of jurisdiction\n\nIt is the intention of this section to alter or vary section 85 of the **Constitution Act 1975** to the extent necessary to—\n\n(a) prevent the Supreme Court awarding compensation because the Royal Melbourne Hospital in accordance with this Act and any licence issued under it uses or develops land inconsistently with the reservation of the land; or\n\n(b) prevent the Supreme Court considering or reviewing matters of the kind described in section 39(7) and (8) of the **Planning and Environment Act 1987** (as modified by section 4(5) and (6) of this Act) and section 5 of this Act.\n\n__________________\n\nSCHEDULES\n\nSCHEDULE 1\n\nSch. 1\n\nRedevelopment project land\n\n![]()\n\n__________________\n\nSCHEDULE 2\n\nUniversity High School land\n\nSch. 2\n\n| *Situation and area   of Land* | *Instrument and date of    Reservation* | *Description of   land by Reference to Government Gazette* | *Purpose of    Reservation* |\n| --- | --- | --- | --- |\n| City of Melbourne at Parkville, Parish of Jika Jika, an area of 2.335 hectares | Order in Council 30 July 1929 | 3 July 1929, pages 1905 and 1906 and 31 July 1929, page 2755 | Site for educational purposes |\n\n\n__________________\n\nSCHEDULE 3\n\nRoyal Melbourne Hospital site\n\nSch. 3\n\n| *Situation and area   of Land* | *Instrument and date of    Reservation* | *Description of   land by Reference to Government Gazette* | *Purpose of    Reservation* |\n| --- | --- | --- | --- |\n| City of Melbourne at Parkville, Parish of Jika Jika, County of Bourke, an area of 4.446 hectares | Order in Council 26 March 1936 | 26 February 1936, page 593 and 1 April 1936, page 915 | Site for General Hospital |\n\n\n\n\nENDNOTES\n\n1. General Information\n\n\nEndnotes\n\n*Minister's second reading speech*—\n\n*Legislative Assembly: 30 April 1992*\n\n*Legislative Council: 28 May 1992*\n\nThe long title for the Bill for this Act was \"A Bill to facilitate the redevelopment of the Royal Melbourne Hospital and for other purposes.\".\n\n**Constitution Act 1975**:\n\n*Section 85(5) statement*—\n\n*Legislative Assembly: 30 April 1992*\n\n*Legislative Council: 28 May 1992*\n\n*Absolute majoritie*s—\n\n*Legislative Assembly: 26 May 1992*\n\n*Legislative Council: 4 June 1992*\n\nThe **Royal Melbourne Hospital (Redevelopment) Act 1992** was assented to on 16 June 1992 and came into operation on 30 June 1992: Special Gazette (No. 31) 30 June 1992 page 1.\n\n1. Table of Amendments\n\n\nEndnotes\n\nThere are no amendments made to the **Royal Melbourne Hospital (Redevelopment) Act 1992** by Acts and subordinate instruments.\n\n1. Explanatory Details\n\n\nEndnotes\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"No. The Act's purpose (s.1) and operative provisions remain as enacted to facilitate the Royal Melbourne Hospital redevelopment. The endnotes record that there have been no amendments to the Act, so its scope has not changed from the original enactment."},"complexity_factors":["s.4 — Broad power to prepare, adopt and approve planning-scheme amendments tied to the redevelopment, with partial application and exclusion of specific provisions of the Planning and Environment Act 1987 (cross‑Act modifications).","s.5 — Restriction that decisions under the Environment Protection Act 1970 relating to the project cannot be challenged except by the person who is the subject of the decision (limitation of third‑party review/appeal).","s.6 — Express override of Crown Land (Reserves) Act 1978, Land Act 1958 and other laws to permit reserved land to be used for the car park (statutory displacement of reservation rules).","s.7 — bespoke strata‑licensing regime for Crown stratum land with detailed preconditions (consultation, agreement with hospital), wide ministerial discretion on licence terms and conditions, and maximum 50‑year terms; also selective application/exclusion of provisions of the Land Act 1958.","s.8 — Statutory bar on compensation claims against the Crown or hospital for inconsistent use under the Act (removes a common legal remedy).","s.9 — Legislative intention to alter or vary section 85 of the Constitution Act 1975 to limit Supreme Court jurisdiction over specified matters (curtails judicial review/compensation powers).","Schedules 1–3 — The Act ties its powers to precisely described parcels of land, increasing legal and practical specificity for implementation.","Interplay across multiple statutes (Planning and Environment Act 1987, Environment Protection Act 1970, Land Act 1958, Crown Land (Reserves) Act 1978, Constitution Act 1975) raises implementation and interpretation complexity due to selective exclusions and modifications (see s.4, s.5, s.6, s.7, s.9)."],"plain_english_summary":"Mechanically, this Act authorises Ministers to alter planning controls to enable a staged redevelopment of the Royal Melbourne Hospital, allows the use and strata-licensing of specified Crown reserve land for an underground car park, and narrows who may seek review of environment-related decisions or claim compensation.  \n\nIt affects the Royal Melbourne Hospital, the University High School (site and oval), the Environment Protection Authority, and relevant Ministers; it matters because decision-making and long-term land-use rights (up to 50 years) are concentrated in ministerial licences and some judicial remedies are curtailed."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose. It was enacted specifically to facilitate the Royal Melbourne Hospital redevelopment and the associated underground car park beneath University High School. All provisions (planning modifications, environmental appeal restrictions, strata licensing for the car park, compensation exclusions) directly serve this single project. There is no evidence of scope creep or the Act being used for broader purposes beyond the 1992 redevelopment."},"complexity_factors":["Moderate cross-referencing: The Act modifies the application of three other major statutes (Planning and Environment Act 1987, Environment Protection Act 1970, Land Act 1958) through specific section-by-section carve-outs and modifications (e.g., sections 4(3), 4(5), 4(6), 5(3), 7(6)).","Conditional logic with nested requirements: Section 7(4) imposes multiple preconditions before a licence can be granted, including mandatory consultation and a detailed agreement with specific sub-clauses about oval reinstatement and continued school access.","Constitutional override: Section 9 explicitly alters section 85 of the Constitution Act 1975 (Victoria's constitutional document regarding Supreme Court jurisdiction), requiring careful constitutional construction.","Defined terms with geographic specificity: Three schedules contain detailed land descriptions referencing historical government gazettes, orders in council, and parish/county boundaries from the 1920s-1930s.","Limited but precise exceptions: The Act creates specific exceptions to general planning and environmental laws (e.g., section 4(4) overrides section 46 of the Planning Act; section 6(3) overrides Crown land reservation statutes).","No amendments: The Act has remained unchanged since 1992, suggesting the drafting achieved its specific purpose without needing subsequent clarification."],"plain_english_summary":"**What this law does:**\n\nThis Act clears the legal path for a major rebuild of the Royal Melbourne Hospital in Parkville, Melbourne. It creates special rules that let the hospital expand its facilities—including building an underground car park beneath the neighbouring University High School's oval—while bypassing some of the usual planning and environmental approval hurdles.\n\n**Who it affects:**\n\n- **Royal Melbourne Hospital** – gets streamlined powers to redevelop its site and build the underground car park.\n- **University High School** – must share its land (specifically the oval) for the car park, though the Act requires the hospital to minimise disruption and reinstate the surface afterwards.\n- **Local residents and objectors** – lose some usual rights to challenge decisions in court or tribunal.\n- **The Victorian Government** – gains special powers to amend planning schemes and grant licences for using Crown land (government-owned land) beneath the school.\n\n**Key things the law allows:**\n\n- **Planning shortcuts**: The Planning Minister can amend local planning schemes to suit the redevelopment without following all the usual public consultation and approval steps under the Planning and Environment Act 1987.\n- **Environmental approval limits**: Decisions by the Environment Protection Authority about the project can only be challenged by the person directly affected (i.e., the hospital), not by third parties.\n- **Using school land**: The hospital can build and operate an underground car park beneath the University High School oval, even though that land is reserved for educational purposes. The Minister can grant a licence for up to 50 years for this.\n- **No compensation**: Neither the government nor the hospital has to pay compensation for using the school land in ways that conflict with its original reservation as educational land.\n- **Court restrictions**: The Supreme Court cannot award compensation or review certain planning and environmental decisions related to the project.\n\n**Why it matters:**\n\nThis is a classic example of a \"project-specific\" statute—law written for one particular development. It trades away standard democratic checks (public objections, judicial review, compensation rights) to get a major public hospital built faster. It reflects a political judgment that the public benefit of modern hospital facilities outweighs the usual procedural protections."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, there is no clear evidence that the scope of this Act changed from its original intent. It appears to remain focused on its original purpose of facilitating the Royal Melbourne Hospital redevelopment. However, the existence of a consolidated version suggests amendments were made, and without access to the full text, it is not possible to confirm whether those amendments materially expanded or narrowed the original scope."},"complexity_factors":["Narrow, single-purpose legislation focused on one specific infrastructure project reduces complexity","Typical for this type of act to interact with planning, building, and land administration laws, creating some cross-legislative complexity","The act has been in force since 1992 and has a consolidated version, suggesting amendments have been made over time that may add complexity","Severely limited legislative text was provided, making it impossible to assess specific technical provisions, cross-references, or definitional complexity","Infrastructure redevelopment acts can involve complex land acquisition and compensation provisions"],"plain_english_summary":"The Royal Melbourne Hospital (Redevelopment) Act 1992 is a targeted Victorian law that authorises and streamlines the hospital’s major redevelopment by granting special powers over land, contracts and approvals to enable construction. It affects hospital staff and patients, nearby residents and businesses, contractors and government agencies, and matters because it fast-tracks a significant public infrastructure project and remains in force."}},"importantCases":[],"_links":{"self":"/api/acts/royal-melbourne-hospital-redevelopment-act-1992","history":"/api/acts/royal-melbourne-hospital-redevelopment-act-1992/history","analysis":"/api/acts/royal-melbourne-hospital-redevelopment-act-1992/analysis","conflicts":"/api/acts/royal-melbourne-hospital-redevelopment-act-1992/conflicts","importantCases":"/api/acts/royal-melbourne-hospital-redevelopment-act-1992/important-cases","documents":"/api/acts/royal-melbourne-hospital-redevelopment-act-1992/documents"}}