33Limitations on indemnity

33 Limitations on indemnity

S. 33(1) amended by No. 10/2017 s. 24(3).

(1) The powers of Development Victoria do not include a power to exempt, whether directly or indirectly, a director of Development Victoria from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director of Development Victoria against, any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or breach of trust of which the director may be guilty in relation to Development Victoria.

S. 33(2) repealed by No. 10/2017 s. 16.

Part 3—Powers relating to declared projects

Division 1—Declared projects

34 Project order

(1) The Governor in Council, on the recommendation of the Minister, may, by order published in the Government Gazette, declare a development or proposed development to be a project to which this Act applies.

(2) A project order must specify—

S. 34(2)(a) amended by No. 35/2006 s. 4.

(a) the provisions of Divisions 2, 3, 4, 5, 5A and 6 which are to apply in relation to a declared project; and

(b) the area of land (whether by reference to a map or otherwise) which is to be the project area for the purposes of the declared project.

(3) The Minister must obtain the approval of the Treasurer before making a recommendation under this section.

(4) In determining whether to make a recommendation under this section, the Minister must have regard to—

S. 34(4)(a) amended by No. 10/2017 s. 24(3).

(a) the functions and powers of Development Victoria; and

S. 34(4)(b) amended by No. 10/2017 s. 24(3).

(b) the current corporate plan of Development Victoria.

(5) This Part does not apply to the docklands area.