Development Victoria Act 2003
53Transport facilities
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53 Transport facilities
S. 53(1) amended by No. 10/2017 s. 25(2).
(1) Within the project area Development Victoria may do all or any of the following—
(a) construct, extend, realign, relocate, open, operate, close or remove roads, railways, transport facilities and tunnels;
(b) carry out separate works or facilities associated with any of the things mentioned in paragraph (a).
S. 53(2) amended by Nos 10/2017 s. 25(2), 49/2019 s. 186(Sch. 4 item 12.2).
(2) Before Development Victoria does anything under subsection (1) to a road, railway, transport facility or tunnel vested in or under the control of—
S. 53(2)(a) amended by No. 49/2019 s. 186(Sch. 4 item 12.1).
(a) the Head, Transport for Victoria within the meaning of the Transport Integration Act 2010; or
S. 53(2)(b) amended by No. 95/2005 s. 12(4), repealed by No. 6/2010 s. 203(1) (Sch. 6 item 50.1(a)) (as amended by No. 45/2010 s. 22).
S. 53(2)(c) substituted by No. 6/2010 s. 203(1) (Sch. 6 item 50.1(b)) (as amended by No. 45/2010 s. 22).
(c) Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010; or
S. 53(2)(d) amended by No. 6/2010 s. 203(1) (Sch. 6 item 50.1(c)) (as amended by No. 45/2010 s. 22).
(d) a metropolitan train operator or metropolitan tram operator within the meaning of the Rail Management Act 1996—
Development Victoria must get the approval of the Head, Transport for Victoria, that Authority or other body.
S. 53(3) amended by Nos 95/2005 s. 12(4), 6/2010 s. 203(1)(Sch. 6 item 50.2) (as amended by No. 45/2010 s. 22), 61/2011 s. 25(Sch. 1 item 14), 10/2017 s. 25(2), 49/2019 s. 186(Sch. 4 item 12.3).
(3) Without limiting subsection (2), if under that subsection Development Victoria is required to get the approval of Victorian Rail Track before doing anything under subsection (1), Development Victoria must also get the approval of the Head, Transport for Victoria within the meaning of the Transport Integration Act 2010 before doing that thing.
S. 53(4) amended by No. 10/2017 s. 25(2).
(4) The Governor in Council may by Order published in the Government Gazette provide for any vesting or divesting of lands necessary because of the exercise by Development Victoria of its powers under subsection (1).
(5) An Order under subsection (4) may only be made on the joint recommendation of the Minister and—
(a) any other Minister administering an Act affected by the Order; or