EastLink Project Act 2004

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

S. 1(a) amended by No. 95/2005 s. 4(2).

(a) to empower the State to enter into an Agreement for the design, construction, operation, maintenance and management of EastLink; and

S. 1(b) amended by No. 95/2005 s. 4(2).

(b) to provide for the collection and enforcement of tolls in relation to the use of EastLink; and

S. 1(c) amended by Nos 93/2009 s. 39(1), 49/2019 s. 186(Sch. 4 item 15.1).

(c) to confer powers on the Head, Transport for Victoria in relation to the land required for or affected by the Project; and

(d) to provide procedures to deal with the interface between Utilities and the Freeway Corporation in relation to Utility infrastructure and the Project; and

S. 1(e) amended by Nos 93/2009 s. 39(1), 49/2019 s. 186(Sch. 4 item 15.1).

(e) to confer other powers on the Minister, the Head, Transport for Victoria and the Freeway Corporation and other persons for the purposes of the Project; and

(f) to amend the Road Management Act 2004—

S. 1(f)(i) amended by No. 95/2005 s. 4(2).

(i) to modify its operation in relation to EastLink; and

(ii) to provide for issues relating to civil liability arising out of road management; and

(iii) in relation to rights of review of decisions under that Act; and

(g) to amend section 85 of the Constitution Act 1975 in relation to certain of the amendments made by this Act to the Road Management Act 2004.

2 Commencement

(1) This section and sections 1, 266, 270, 272, 273, 276 and 277 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Section 259 comes into operation on 1 July 2004.

(3) The remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4) If a provision referred to in subsection (3) does not come into operation before 1 July 2005, it comes into operation on that day.

3 Definitions

(1) In this Act—

Agreement means—

(a) the agreement for the Project entered into under section 15 and the exhibits to that agreement; or

(b) if all or any of the provisions of the agreement for the Project entered into under section 15 or the exhibits to that agreement are amended, the agreement and the exhibits as so amended;

Amending agreement means an Amending agreement under section 17(1);

approved Utility agreement means a Utility agreement that is approved by the Authority under section 157;

arterial road has the same meaning as it has in the Road Management Act 2004;

S. 3(1) def. of authorised person inserted by No. 74/2007 s. 39(a).

authorised person means a person authorised in writing by the Freeway Corporation under section 197AA;

S. 3(1) def. of Authority substituted by No. 93/2009 s. 37, amended by Nos 49/2019 s. 186(Sch. 4 item 15.2(c)), 13/2024 s. 3(Sch. 1 item 4).

Authority means the Head, Transport for Victoria;

business day means a day that is not—

(a) a Saturday or a Sunday; or

(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;

S. 3(1) def. of Central Plan Office amended by No. 70/2013 s. 4(Sch. 2 item 14.1(a)), repealed by No. 53/2017 s. 73.

S. 3(1) def. of correspond-ing body inserted by No. 74/2007 s. 39(a).

corresponding body has the same meaning as in section 84BB of the Road Safety Act 1986;

S. 3(1) def. of correspond-ing law inserted by No. 74/2007 s. 39(a).

corresponding law has the same meaning as in section 84BB of the Road Safety Act 1986;

S. 3(1) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 28.1).

Council has the same meaning as it has in the Local Government Act 2020;

Crown land includes a stratum of Crown land;

decision-maker, in Part 8, means—

(a) the Minister and the Utility Minister; or

(b) a person appointed under section 189;

declared freeway use agreement means an agreement in a class of agreements declared under section 202 to be declared freeway use agreements;

S. 3(1) def. of Department Head amended by No. 108/2004 s. 117(1) (Sch. 3 item 135).

Department Head has the same meaning as it has in the Public Administration Act 2004;

S. 3(1) def. of Director, Fines Victoria inserted by No. 17/2022 s. 98.

Director, Fines Victoria has the same meaning as Director has in section 3 of the Fines Reform Act 2014;

S. 3(1) def. of EastLink inserted by No. 95/2005 s. 4(3)(a).

EastLink means land declared under section 143 to be a road and includes any part of that land;

S. 3(1) def. of effective inserted by No. 74/2007 s. 39(a).

effective, in relation to an illegal user statement, a known user statement or a sold vehicle statement, means a statement that is, or is accepted by an authorised person under section 199 as, and has not ceased to be, an effective statement for the purposes of Part 9;

enactment means an Act or a regulation under an Act;

enforcement agency means—

(a) the Chief Commissioner of Police; or

(b) if another person is prescribed by the regulations to be the enforcement agency with respect to all or any part of the enforcement agency's functions, that other person in respect of those functions;

enforcement officer means a person appointed under section 208;

Extended Project area has the meaning given by section 6;

freeway has the same meaning as it has in the Road Management Act 2004;

S. 3(1) def. of Freeway Corporation substituted by No. 14/2005 s. 3.

Freeway Corporation means the person who, for the time being, is the Freeway Corporation under section 10;

S. 3(1) def. of freeway use agreement amended by No. 95/2005 s. 4(3)(c).

freeway use agreement means—

(a) an agreement between the Freeway Corporation and another person for the use of a vehicle on EastLink; or

(b) a declared freeway use agreement;

S. 3(1) def. of Head, Transport for Victoria inserted by No. 49/2019 s. 186(Sch. 4 item 15.2(b)).

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

S. 3(1) def. of illegal user statement inserted by No. 74/2007 s. 39(a), substituted by No. 8/2019 s. 92(1).

illegal user statement, in relation to the use of a vehicle or trailer, means a statement in writing made by a person with respect to the vehicle or trailer to the effect that the person believes that at the relevant time the vehicle or trailer was a stolen vehicle or trailer or that the number plates displayed on the vehicle or trailer were stolen;

S. 3(1) def. of known user statement inserted by No. 74/2007 s. 39(a), substituted by No. 8/2019 s. 92(2).

known user statement, in relation to the use of a vehicle or trailer, means a statement in writing made by a person—

(a) to the effect that the person was not driving at the relevant time, or did not at that time have possession or control of, the vehicle or trailer or the vehicle to which the trailer was attached; and

(b) containing sufficient information to identify and locate the person who the person making the statement last knew to have, before the relevant time, possession or control of the vehicle or trailer or the vehicle to which the trailer was attached;

land includes a stratum of land;

lease in Division 3 of Part 5, means a lease granted under section 103;

lessee means a person who is for the time being the lessee under a lease granted under section 103;

leased land means land that is the subject of a lease granted under section 103;

licence in Division 2 of Part 5, means a licence issued under section 90(1) or 90(2);

licensee means—

(a) a person who is for the time being the holder of a licence issued under section 90(1); or

(b) in Division 2 of Part 5, a person who is for the time being the holder of a licence issued under section 90(1) or 90(2);

licensed land means land that is subject to a licence issued under section 90(1);

S. 3(1) def. of Mitcham-Frankston Freeway repealed by No. 95/2005 s. 4(3)(b).

municipal road has the same meaning as it has in the Road Management Act 2004;

Native Title Act means the Native Title Act 1993 of the Commonwealth;

S. 3(1) def. of nomination rejection statement inserted by No. 74/2007 s. 39(a), substituted by No. 8/2019 s. 92(3).

nomination rejection statement means a statement in writing made by a person nominated in a known user statement, a sold vehicle statement or a tolling nomination statement as being the responsible person in respect of a vehicle or trailer to the effect that if nominated—

(a) in a known user statement, the person had not had possession or control of the vehicle or trailer at the relevant time, as stated in the known user statement; and

(b) in a sold vehicle statement, the vehicle or trailer had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vehicle statement; and

(c) in a tolling nomination statement, the person was not the responsible person in relation to the vehicle or trailer at the time of the tolling offence as stated in the tolling nomination statement;

non-arterial State road has the same meaning as it has in the Road Management Act 2004;

notified Utility infrastructure means Utility infrastructure—

(a) that is identified under section 159; or

(b) that has been notified under section 161;

S. 3(1) def. of operator inserted by No. 74/2007 s. 39(a), amended by No. 49/2019 s. 186(Sch. 4 item 15.2(d)), substituted byNo. 8/2019 s. 92(4) (as amended by No. 49/2019 s. 164).

operator, in relation to a vehicle or trailer at the time the vehicle or trailer was driven in a toll zone, means each of the following—

(a) the registered operator of the vehicle or trailer at that time or the person recorded at that time on a register of vehicles or trailers maintained under a corresponding law as the person responsible for the vehicle or trailer;

(b) if the Transport Secretary under the regulations under the Road Safety Act 1986, or a corresponding body under a corresponding law, has received notice of transfer of registration of the vehicle or trailer, the person whose name is disclosed in the records kept by the Transport Secretary or the corresponding body (as the case requires) as being responsible for the vehicle or trailer at that time;

(c) if the vehicle or trailer is not registered under the Road Safety Act 1986 or a corresponding law, the person whose name is disclosed in the records kept by the Transport Secretary or the corresponding body as being responsible for the vehicle or trailer at that time;

(d) if the vehicle or trailer displays a number plate—

(i) the person who, at the time at which the registration number borne by that number plate was last assigned by the Transport Secretary or a corresponding body, was the registered operator of, or (if assigned by a corresponding body) the person recorded on a register of vehicles or trailers maintained under the corresponding law as the person responsible for, the vehicle or trailer to which that registration number was assigned, whether or not that vehicle or trailer is the same as the vehicle or trailer involved in the offence; or

(ii) the person whose name is disclosed in the records kept by the Transport Secretary or a corresponding body as being entitled, or last entitled, at that time to use or possess that number plate;

(e) if the vehicle or trailer displays a general identification mark by means of a special identification plate issued by the Transport Secretary under the regulations under the Road Safety Act 1986 or by a corresponding body under a corresponding law, the person to whom the mark is assigned at that time;

S. 3(1) def. of owner repealed by No. 74/2007 s. 39(b).

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 48.1).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of prescribed tolling system inserted by No. 14/2007 s. 15(2).

prescribed tolling system means a tolling system prescribed for the purposes of Part 9;

Project means the project described in section 4 or any part of that project;

Project area has the meaning given by section 5;

Project construction work means work for the construction of the Project;

Project Document means a document of a class that is designated in the Agreement as a Project Document;

public authority means any body (including any trust) established by or under an Act for a public purpose, other than a Council;

public land means—

(a) Crown land; or

(b) land owned by or vested in a public authority;

rectification includes repair, replacement and reinstatement;

S. 3(1) def. of registered operator inserted by No. 74/2007 s. 39(a).

registered operator has the same meaning as in section 3(1) of the Road Safety Act 1986;

reserved Crown land means land reserved or deemed to be reserved for any public purpose under the Crown Land (Reserves) Act 1978;

reserved project land means land that is deemed 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 Project;

S. 3(1) def. of responsible person inserted by No. 74/2007 s. 39(a), substituted by No. 8/2019 s. 92(5).

responsible person, in relation to a vehicle or trailer, means—

(a) the operator of the vehicle or the trailer; or

(b) the person nominated as the responsible person in relation to the vehicle or trailer in an effective known user statement or an effective sold vehicle statement;

road has the same meaning as it has in the Road Management Act 2004;

road authority has the same meaning as it has in the Road Management Act 2004;

S. 3(1) def. of Secretary to the Department of Environment and Primary Industries inserted by No. 70/2013 s. 4(Sch. 2 item 14.1(c)).

Secretary to the Department of Environment and Primary Industries means the Department Head of the Department of Environment and Primary Industries

Secretary to the Department of Infrastructure means the body corporate established under section 35 of the Project Development and Construction Management Act 1994;

S. 3(1) def. of Secretary to the Department of Sustainability and Environment repealed by No. 70/2013 s. 4(Sch. 2 item 14.1(b)).

S. 3(1) def. of sold vehicle statement inserted by No. 74/2007 s. 39(a), substituted by No. 8/2019 s. 92(6).

sold vehicle statement, in relation to the use of a vehicle or trailer, means a statement in writing made by a person—

(a) to the effect that—

(i) the person had sold or otherwise disposed of the vehicle or trailer before the relevant time or that any interest in the vehicle or trailer had otherwise ceased to be vested in the person before that time; and

(ii) the person was not at that time driving, or had not at that time possession or control of, the vehicle or trailer; and

(b) containing sufficient information to identify and locate the person to whom the vehicle or trailer was sold or disposed of, or in whom an interest in the vehicle or trailer was otherwise vested, and the date and, if relevant, the time of sale, disposal or vesting;

S. 3(1) def. of special circum-stances inserted by No. 8/2019 s. 92(7).

special circumstances has the same meaning as it has in the Infringements Act 2006;

stratum of Crown land means a stratum of land that is Crown land;

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;

surplus land means land determined under section 121 to be surplus land;

toll means a toll fixed under section 195;

toll administration fee means a toll administration fee fixed under section 195;

toll zone means a toll zone specified under section 195;

S. 3(1) def. of tolling nomination statement inserted by No. 74/2007 s. 39(a).

tolling nomination statement means a tolling nomination statement made by an authorised person under Part 6AA of the Road Safety Act 1986;

S. 3(1) def. of tollway billing arrangement inserted by No. 74/2007 s. 39(a).

tollway billing arrangement means an agreement or arrangement between a person and a tollway operator (or an agent of a tollway operator) relating to the payment of tolls for the use of a vehicle in a tollway;

S. 3(1) def. of tollway operator inserted by No. 74/2007 s. 39(a).

tollway operator means a person, other than the Freeway Corporation, who—

(a) operates a tollway under a law of this State, or another State or of a Territory, or under an agreement between that person and the State or another State or Territory; and

(b) is empowered or entitled, under that law or agreement, to levy or impose a toll or charge for the use of the tollway;

traffic control centre means an area of land declared under section 8 to be the traffic control centre;

S. 3(1) def. of trailer inserted by No. 8/2019 s. 92(7).

trailer has the same meaning as it has in the Road Safety Act 1986;

S. 3(1) def. of Transport Secretary inserted by No. 49/2019 s. 186(Sch. 4 item 15.2(b)), amended by No. 25/2025 s. 106(Sch. 1 item 13).

Transport Secretary means the Secretary to the Department of Transport and Planning;

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

S. 3(1) def. of trip substituted by Nos 95/2005 s. 4(3)(d), 14/2007 s. 15(1), 74/2007 s. 39(c).

trip means the driving of a vehicle on EastLink—

(a) in a single direction; and

(b) through one or more toll zones (without repeating a toll zone); and

(c) within the space of a single hour; and

(d) whether or not that driving is interrupted by exit from EastLink; and

(e) that, if the driving is interrupted by exit from EastLink, involves re-entering at a point that is forwards of the point of exit;

unnotified Utility infrastructure means Utility infrastructure—

(a) that has not been identified under section 159; or

(b) that has not been notified under section 161;

S. 3(1) def. of Utility amended by No. 17/2009 s. 30, substituted by No. 6/2010 s. 203(1)
(Sch. 6 item 14(a)) (as amended by No. 45/2010 ss 22, 23(4)(a)), amended by Nos 61/2011 s. 25(Sch. 1 item 4), 22/2013 s. 53, 49/2019 s. 186(Sch. 4 item 15.2(e)).

Utility means—

(a) a utility within the meaning of the Road Management Act 2004; or

(b) a provider of public transport within the meaning of the Road Management Act 2004; or

(c) the Head, Transport for Victoria; or

(d) a rail transport operator within the meaning of the Rail Safety National Law (Victoria);

Utility agreement means an agreement entered into under section 154 and, if that agreement is amended under section 158, that agreement as so amended;

S. 3(1) def. of Utility infrastructure amended by No. 6/2010 s. 203(1)
(Sch. 6 item 14(b)) (as amended by No. 45/2010 ss 22, 23(4)(a)).

Utility infrastructure means any part of the supply, distribution or reticulation network operated or managed by a Utility, including—

(a) poles, pipes, cables, wires, conduits and tunnels; and

(b) rail infrastructure and tram infrastructure (both within the meaning of the Rail Management Act 1996);

Utility Minister in relation to a Utility, means the Minister for the time being administering any Act—

(a) under which a Utility is authorised to provide an infrastructure service; or

(b) that regulates the provision by the Utility of an infrastructure service;

variation means an amendment of the Agreement made under section 17(2);

variation statement means a statement setting out the terms of a variation;

vehicle has the same meaning as motor vehicle has in the Road Safety Act 1986;

S. 3(1) def. of VicRoads amended by No. 6/2010 s. 203(1)
(Sch. 6 item 14(c)) (as amended by No. 45/2010 ss 22, 23(4)(a)(b)), repealed by No. 49/2014 s. 186(Sch. 4 item 15.2(a)).

works has the same meaning as it has in the Road Management Act 2004.

(2) In this Act, the expressions just terms, native title, native title holder, native title rights and interests, registered native title body corporate and registered native title claimant have the same respective meanings as they have in the Native Title Act 1993 of the Commonwealth.

(3) The Premier may determine a Minister as the Utility Minister for a Utility and if a determination is made that Minister is deemed to be the Utility Minister for that Utility for the purposes of this Act.

S. 3(4) inserted by No. 14/2007 s. 15(3).

(4) For the purposes of this Act, the period of a trip commences—

(a) in the case of the first driving of a vehicle on EastLink in a particular direction, when that vehicle is first detected by the prescribed tolling system as travelling in that direction; and

(b) in the case of any other driving on EastLink, when that vehicle is first detected by the prescribed tolling system as travelling in a particular direction after the last trip in that direction.

S. 3A inserted by No. 6/2010 s. 24(5)(Sch. 1 item 5) (as amended by No. 45/2010 ss 5, 23(3)).

3A Transport Integration Act 2010

This Act is transport legislation within the meaning of the Transport Integration Act 2010.

S. 4 substituted by No. 14/2005 s. 4.

4 The Project

In this Act, a reference to the Project is a reference to the project for—

(a) an integrated transport corridor connecting the Eastern Freeway to the Frankston Freeway including tunnels under the Mullum Mullum Creek; and

(b) a link with the Ringwood By-Pass; and

(c) the construction of the Dandenong Southern By-Pass.

S. 4A (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 15.3).

S. 4A inserted by No. 93/2009 s. 38.

4A Functions and powers of the Head, Transport for Victoria

S. 4A(1) amended by No. 49/2019 s. 186(Sch. 4 item 15.4(a)).

(1) For the purposes of this Act, the Head, Transport for Victoria has the following functions—

(a) on behalf of the State, to administer and manage agreements and arrangements between the State and any other person for, or relating to, the development or delivery of the Project;

(b) to make recommendations regarding those agreements and arrangements to the Minister;

(c) 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 Project;

(d) 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 Project;

(e) to make recommendations to the Minister in relation to facilitating the 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 Project;

(f) to ensure that agreements and arrangements between the State and any other person for, or relating to, the development or delivery of the Project are performed in accordance with their terms;

(g) to manage the responsibilities of the State in relation to the operation of the Project;

(h) to make recommendations to the Minister on public safety issues relating to the Project;

(i) to manage, on behalf of the State, regulatory issues arising from the operation of the Project.

S. 4A(2) amended by No. 49/2019 s. 186(Sch. 4 item 15.4(b)).

(2) The Head, Transport for Victoria must comply with any directions given by the Minister, including any direction relating to the provision of information or reports concerning the exercise of its powers and the performance of its functions.

5 Project area

S. 5(1) amended by No. 14/2005 s. 5(1).

(1) Subject to subsections (2) and (3), for the purposes of this Act, the Project area means the areas of land shown as the Project area on the plans numbered LEGL./04–047 to LEGL./04–106 and lodged in the Central Plan Office or, if any of those areas of land is varied in accordance with this Part, those areas as so varied.

(2) For the purposes of this Act the plans referred to in subsection (1) must be read as one plan in the manner shown in plan numbered LEGL./04–046 and lodged in the Central Plan Office.

S. 5(3) inserted by No. 14/2005 s. 5(2).

(3) If consolidated plans of the Project area have been approved under section 7A, then for the purposes of this Act, the Project area means the areas of land shown as the Project area on the current approved consolidated plans or, if any of those areas of land is varied in accordance with this Part, those areas as so varied.

6 Extended Project area

S. 6(1) amended by No. 14/2005 s. 6(1).

(1) Subject to subsections (2) and (3), for the purposes of this Act, the Extended Project area means the areas of land shown as the Extended Project Area on the plans numbered LEGL./04–047 to LEGL./04–106 and lodged in the Central Plan Office or, if any of those areas of land is varied in accordance with this Part, those areas as so varied.

Note

The Extended Project area includes the Project area.

(2) For the purposes of this Act the plans referred to in subsection (1) must be read as one plan in the manner shown in plan numbered LEGL./04–046 and lodged in the Central Plan Office.

S. 6(3) inserted by No. 14/2005 s. 6(2).

(3) If consolidated plans of the Extended Project area have been approved under section 7A, then for the purposes of this Act, the Extended Project area means the areas of land shown as the Extended Project area on the current approved consolidated plans or, if any of those areas of land is varied in accordance with this Part, those areas as so varied.

7 Changes to Project area and Extended Project area

(1) The Governor in Council may, by Order published in the Government Gazette, vary the Project area by doing either or both of the following—

(a) increasing the Project area by adding land in the vicinity of the Project area; or

(b) decreasing the Project area.

(2) The Governor in Council may, by Order published in the Government Gazette, vary the Extended Project area by doing either or both of the following—

(a) increasing the Extended Project area by adding land in the vicinity of the Extended Project area; or

(b) decreasing the Extended Project area.

(3) 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.

(4) An Order under this section must be made on the recommendation of the Minister and the Minister administering the Planning and Environment Act 1987.

(5) The Ministers must not make a recommendation under subsection (4) unless they have received the appropriate plans, which have been—

S. 7(5A) inserted by No. 14/2005 s. 7.

(5A) For the purposes of subsection (5), the appropriate plans may show the Project area or Extended Project area as varied.

(6) The Minister must cause a copy of each Order under this section to be laid before each House of the Parliament within 6 sitting days of that House after the Order is made.

(7) Part 5 of the Subordinate Legislation Act 1994 applies to an Order under this section as if that Order were a statutory rule within the meaning of that Act.

S. 7A inserted by No. 14/2005 s. 8.

7A Consolidated Plans

(1) The Governor in Council may, by Order published in the Government Gazette, approve consolidated plans of the Project area incorporating all variations to the Project area made under section 7 up to the date of the Order.

(2) The Governor in Council may, by Order published in the Government Gazette, approve consolidated plans of the Extended Project area incorporating all variations to the Extended Project area made under section 7 up to the date of the Order.

(3) 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.

(4) An Order under this section must be made on the recommendation of the Minister.

(5) The Minister must not make a recommendation under subsection (4) unless the Minister has received the appropriate consolidated plans, which have been—

(6) An Order under this section approving consolidated plans for the Project area revokes and replaces any existing approved consolidated plans for the Project area.

(7) An Order under this section approving consolidated plans for the Extended Project area revokes and replaces any existing approved consolidated plans for the Extended Project area.

8 Traffic control centre

(1) The Governor in Council may, by Order published in the Government Gazette, declare any area of land in the Project area to be the traffic control centre.

(2) An Order under this section must be made on the recommendation of the Minister and the Minister administering the Planning and Environment Act 1987.

(3) The Ministers must not make a recommendation under subsection (2) unless they have received the appropriate plans, which have been—

9 Application of Crown Land (Reserves) Act 1978

For the purposes of this Act, the Crown Land (Reserves) Act 1978 is deemed to have effect as if, in that Act, the terms land and Crown land had the same meanings as in this Act.

S. 10 substituted by No. 14/2005 s. 9.

10 Freeway Corporation

(1) Subject to this section, ConnectEast Pty Limited A.C.N. 101 213 263 is the Freeway Corporation.

(2) If the person who is, for the time being, the Freeway Corporation agrees to the declaration of another person as the Freeway Corporation in its place, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Freeway Corporation.

(3) If the Agreement is terminated, the Governor in Council may, by Order published in the Government Gazette—

(a) declare that the person who, immediately before the termination, was the Freeway Corporation has ceased to be the Freeway Corporation; and

(b) declare a person specified in the Order to be the Freeway Corporation.

(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.

11 Freeway Corporation not to be public authority

The person who is for the time being the Freeway Corporation is not a public authority within the meaning of any enactment by reason only that it is the Freeway Corporation.

S. 12 substituted by No. 14/2005 s. 10.

12 Delegation by Freeway Corporation

(1) Subject to this section, the Freeway Corporation may, by instrument, delegate to an approved corporation any of the powers and functions of the Freeway Corporation under—

(a) this Act or the regulations (except this power of delegation); or

(b) the Road Management Act 2004 or the regulations under that Act; or

(c) the Road Safety Act 1986 or the regulations under that Act.

(2) If the Freeway Corporation delegates any power or function under this section the Freeway Corporation must publish a notice of that delegation in the Government Gazette.

(3) The Minister may recommend to the Governor in Council that a particular corporation be approved for the purpose of this section, if the Minister is satisfied that it is necessary and appropriate to do so to give effect to the Agreement.

(4) The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette, approve a corporation for the purposes of this section.

(5) In this section approved corporation means—

(a) a Concessionaire within the meaning of the Agreement; or

(b) the Construction Contractor within the meaning of the Agreement; or

(c) the Operator within the meaning of the Agreement; or

(d) a corporation approved under subsection (4).

13 Delegation by Minister

S. 13(1) substituted by No. 14/2005 s. 11.

(1) The Minister may, by instrument, delegate any of the powers of the Minister under this Act or the Agreement to—

(a) the Authority; or

S. 13(1)(b) repealed by No. 49/2019 s. 186(Sch. 4 item 15.5).

(c) a person employed under Part 3 of the Public Administration Act 2004; or

(d) a public authority.

(2) A delegate of a power under subsection (1) may, subject to any conditions to which the delegation is subject, sub-delegate that power to any other person or persons or body if the instrument of delegation authorises its sub-delegation.

(3) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation.

14 Act to bind Crown

This Act binds the Crown in right of Victoria and, as far as the legislative power of the Parliament permits, the Crown in all its other capacities.

Part 2—The Agreement

Division 1—The Agreement for the Project

15 Power to enter into Agreement

(1) The Minister, after consultation with the Treasurer, may enter into, for and on behalf of the State, an agreement for the Project.

(2) The agreement must be in writing.

(3) Without limiting subsection (1), the agreement may provide for the design, construction, finance, lease, operation, maintenance, repair, transfer, modification, up-grade and management of the Project.

16 Power to enter into Project Documents

The Minister, after consultation with the Treasurer, may enter into, for and on behalf of the State, any Project Document.

17 Amendment of Agreement

(1) All or any of the provisions of the Agreement may be amended from time to time by an Amending agreement.

(2) All or any of the provisions of the Agreement may be amended from time to time in accordance with the terms of the Agreement.

(3) A variation statement must be prepared for each amendment made under subsection (2).

(4) In this section, amended includes varied, added to, substituted, cancelled or revoked.

18 Notice of Agreement, Amending agreement, or variation

(1) The Minister must cause to be published in the Government Gazette, a notice of the making of—

(a) the Agreement; or

(b) an Amending agreement; or

(c) a variation.

(2) The notice must specify the place or places at which a person may inspect (as the case requires)—

(a) the Agreement; or

(b) the Amending agreement; or

(c) the variation statement.

19 Commencement of Agreement

The Agreement commences—

(a) when the notice of making of the Agreement is published in the Government Gazette under section 18; or

(b) if a later day is specified in the Agreement, on that later day.

20 Commencement of Amending agreement or variation

(1) An Amending agreement commences—

(a) when the notice of making of the Amending agreement is published in the Government Gazette under section 18; or

(b) if a later day is specified in the Amending agreement, on that later day.

(2) A variation commences—

(a) when the notice of making of the variation is published in the Government Gazette under section 18; or

(b) if a later day is specified in the variation statement, on that later day.

21 Tabling in Parliament

(1) The Minister must cause a copy of the Agreement to be laid before each House of the Parliament within 6 sitting days of that House following the making of the Agreement.

(2) The Minister must cause a copy of each Amending agreement to be laid before each House of the Parliament within 6 sitting days of that House following the making of the Amending agreement.

(3) The Minister must cause a copy of each variation statement to be laid before each House of the Parliament within 6 sitting days of that House following the making of the variation.

22 Revocation

(1) The Agreement may be revoked wholly or in part by resolution of each House of the Parliament passed within 6 sitting days of that House after a copy of the Agreement is laid before that House.

(2) An Amending agreement may be revoked wholly or in part by resolution of each House of the Parliament passed within 6 sitting days of that House after a copy of the Amending agreement is laid before that House.

(3) A variation may be revoked wholly or in part by resolution of each House of the Parliament passed within 6 sitting days of that House after a copy of the variation statement is laid before that House.

(4) If the Agreement is not laid before a House of the Parliament within the period required by section 21(1), the Agreement is deemed to be revoked on the day immediately following the end of that period.

(5) If an Amending agreement is not laid before a House of the Parliament within the period required by section 21(2), the Amending agreement is deemed to be revoked on the day immediately following the end of that period.

(6) If a variation statement is not laid before a House of the Parliament within the period required by section 21(3), the variation is deemed to be revoked on the day immediately following the end of that period.

(7) The Minister must cause to be published in the Government Gazette a notice of the revocation of the Agreement, Amending agreement or variation or part of the Agreement, Amending agreement or variation.

23 Effect of revocation of Amending agreement or variation

If an Amending agreement or variation or part of an Amending agreement or variation is revoked under section 22—

(a) a provision of the Agreement that had been cancelled or revoked by the Amending agreement or variation, or by the part of the Amending agreement or variation that is revoked, is revived as from the beginning of the day on which the Amending agreement or variation or part, was revoked; and

(b) a provision of the Agreement that had been amended (otherwise than by cancellation or revocation) by the Amending agreement or variation, or by the part of the Amending agreement or variation that is revoked, takes effect without that amendment as from the beginning of the day on which the Amending agreement or variation, or part, was revoked as if the amendment had not been made.

Division 2—Giving effect to the Agreement

24 Act to prevail over Agreement

If a provision of the Agreement is inconsistent with a provision of this Act, the provision of this Act prevails.

25 Duty of Government to give effect to Agreement

Subject to the laws of Victoria, the Government, its Ministers and its public authorities will do all things necessary and practicable—

(a) to ensure that the State and all its public authorities facilitate, on behalf of the State, the implementation of the Agreement; and

(b) to enable the State to discharge its obligations under the Agreement.

26 Appropriation

Any amount that the State is required to pay under or arising out of the Agreement or a Project Document is payable from the Consolidated Fund which is, to the necessary extent, appropriated accordingly.

27 Specific performance

For the avoidance of doubt, it is declared that section 23(1) of the Crown Proceedings Act 1958 authorises the granting and enforcement of a decree of specific performance against the Crown in respect of the obligations of the State under the Agreement or a Project Document.

28 Enforcement of Agreement

(1) The Agreement may be enforced only by or on behalf of the State or another party to the Agreement or a successor or assign of another party to the Agreement.

(2) Neither the State nor a public authority is liable for the acts or omissions of—

(a) any other party to the Agreement; or

(b) a licensee in relation to the Project; or

(c) a lessee in relation to the Project.

29 No warranty given

(1) Except as expressly provided in this Act or the Agreement, the State or a public authority must not be taken to have given—

(a) any express or implied warranty to any person as to the accuracy of any information provided to the Freeway Corporation in connection with the Agreement; or

(b) any express or implied representation to any person in relation to any matter disclosed in any tender document or negotiation relating to the Agreement.

(2) Subsection (1) does not apply to a warranty or representation given under an Act if the Act expressly provides for a warranty or representation of that kind to be relied on by any person.

30 Agreement to be *State contract*

S. 30(1) amended by No. 60/2014 s. 140(Sch. 3 item 13).

(1) The Agreement is deemed to be a State contract for the purposes of the Privacy and Data Protection Act 2014.

(2) Services performed under the Agreement are services in connection with the performance of the State's functions.

S. 30(3) inserted by No. 14/2005 s. 12, amended by No. 60/2014 s. 140(Sch. 3 item 13).

(3) Despite subsection (1), the Privacy and Data Protection Act 2014 does not apply in relation to acts done or practices engaged in by the Freeway Corporation under the Agreement to the extent that the Freeway Corporation is bound by an approved privacy code within the meaning of the Privacy Act 1988 of the Commonwealth in relation to those acts and practices.

31 Agreement may require performance bond or other security

(1) The Agreement may require the Freeway Corporation to provide or enter into a bond or other arrangement for payment to secure performance of the Agreement.

(2) The State may recover any money payable under a bond or arrangement referred to in subsection (1) even if the requirement in the Agreement for the provision of the bond or arrangement or the payment of any amount under the bond or arrangement is a penalty.

S. 31A inserted by No. 14/2005 s. 13.

31A Payments for performance

The Freeway Corporation must comply with a requirement under the Agreement that the Freeway Corporation pay an amount to the State or another person, or credit the State or another person with an amount, in relation to the performance of the Freeway Corporation under the Agreement even if the requirement is a penalty.

32 Agreement may empower State to call for transfer of property

(1) The Agreement may provide that the State may call for the sale, transfer or assignment to itself, or to another person, of any real or personal property in which the Freeway Corporation has an interest (a property transfer provision).

(2) A property transfer provision is not invalid and the State is not prevented from exercising a power conferred by the provision by reason only of a law or a rule of law under which the provision, or the exercise of the power, would, but for this subsection, have been invalid because of any mortgage, charge or other security held by the State over or in respect of the property of the Freeway Corporation.

(3) The State may exercise any power under a property transfer provision even if the provision is a penalty.

33 Security for payments to State under Agreement

(1) This section applies to a mortgage, charge or other security given by a person that includes a provision that secures, or purports to secure, payment to the State of an amount that is, or may become due or payable to the State by the person under, or in connection with, the Agreement (a security provision).

(2) A security provision is not invalid by reason only of a law or rule of law under which the provision would, but for this subsection, have been invalid or unenforceable because the property secured under the mortgage, charge or other security includes an amount that is, or may become, due and payable by the State.

Part 3—Acquisition of Project land

Division 1—Acquisition of land in the Project area

34 Powers of acquisition

(1) The Authority may acquire an interest in land in the Project area by agreement or by a compulsory process for the purposes of the Project or any purpose connected with the Project.

(2) This section does not apply to the compulsory acquisition of native title rights and interests.

35 Application of Land Acquisition and Compensation Act 1986

Subject to this Division, the Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—

S. 35(a) amended by No. 95/2005 s. 4(4)(a).

(a) the EastLink Project Act 2004 is the special Act; and

S. 35(b) amended by Nos 93/2009 s. 39(1), 49/2019 s. 186(Sch. 4 item 15.6).

(b) the Head, Transport for Victoria is the Authority.

36 Acquired land to be Crown land

Subject to section 39, any interest in land acquired by the Authority under section 34 vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that Act.

37 Acquired land deemed to be reserved

(1) If the Authority acquires the fee simple in land under section 34, the land—

(a) is deemed to be unalienated land of the Crown; and

(b) is deemed 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 Project.

(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.

38 Acquisition of easement—easement in gross

If the Authority acquires any right in the nature of an easement or purporting to be an easement under section 34, that right must be taken to be an easement even though there is no land vested in the Authority or the Crown that is benefited by or capable of being benefited by that right.

39 Acquisition by Authority—effect on Utilities

(1) This section applies if—

(a) the Authority acquires an interest in land under section 34; and

(b) an easement of a Utility or a right in the nature of an easement of a Utility is extinguished on that acquisition.

(2) Nothing in section 24 of the Land Acquisition and Compensation Act 1986 has the effect of removing—

(a) a Utility's ownership of any Utility infrastructure; or

(b) any right (other than an interest in real property) arising under any existing agreement between Utilities in relation to Utility infrastructure; or

(c) any right conferred by an enactment on a Utility in relation to Utility infrastructure.

(3) The acquisition of the interest in land is not to be regarded as placing a Utility in breach of, or as constituting 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, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment, transfer or disposal of any land or interest in land.

40 Acquisition of lease or licence

S. 40(1) amended by No. 70/2013 s. 4(Sch. 2 item 14.2).

(1) If any interest in land to be acquired under section 34 is held by a licensee or lessee of the Crown, the Authority must notify the Secretary to the Department of Environment and Primary Industries of the intention to acquire the interest.

(2) The notice must include a description of the interest to be acquired.

41 Modification of Land Acquisition and Compensation Act 1986—general

(1) Section 3(3) of the Land Acquisition and Compensation Act 1986 does not apply to the extent that this Division is inconsistent with that Act.

(2) The Project area is deemed 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.

S. 41(3) amended by No. 95/2005 s. 4(4)(a).

(3) Section 8(1) of the Land Acquisition and Compensation Act 1986 applies to an acquisition under section 34 as if for paragraph (e) there were substituted—

"(e) state that the land is within the Project area under the EastLink Project Act 2004;".

S. 41(4) amended by No. 95/2005 s. 4(4)(a).

(4) Section 43 of the Land Acquisition and Compensation Act 1986 applies to an acquisition under section 34 as if after section 43(1)(b) there were inserted—

"(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 EastLink Project Act 2004 for the purposes of the Project within the meaning of that Act.".

(5) Section 109 of the Land Acquisition and Compensation Act 1986 does not apply to an interest in land acquired under section 34.

42 Modification of Land Acquisition and Compensation Act 1986—temporary occupation

Section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered the Authority and any person authorised by the Authority under that section to enter any land and section 75(6) did not apply.

43 Modification of Land Acquisition and Compensation Act 1986—regulations

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.

44 Transfer of building or structure as compensation

(1) With the agreement of the person entitled to compensation under this Division for the acquisition of an interest in land, the Authority may transfer a building or structure from reserved project land or surplus land or from land owned by the Authority or by that person to other land owned by that person in full or in part settlement of any compensation that the Authority is liable to pay.

(2) With the agreement of the person entitled to compensation under this Division for the acquisition of an interest in land, the Authority may ask—

S. 44(2)(a) repealed by No. 93/2009 s. 39(2)(a).

(b) the Secretary to the Department of Infrastructure to transfer a building or structure from land owned by it to land owned by that person—

in full or in part settlement of any compensation that the Authority is liable to pay.

S. 44(3) amended by No. 93/2009 s. 39(2)(b).

(3) The Secretary to the Department of Infrastructure may comply with a request under this section despite anything to the contrary in any other Act.

45 Adjoining land may be provided as compensation

(1) If the Authority acquires compulsorily under this Division part of a parcel of land owned by a person, the Authority may require that person to take land—

(a) that adjoins the part of that parcel that was not acquired; and

(b) that is owned by the Authority or is surplus land.

(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 Authority.

(3) If the 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.

46 Cultural and Recreational Lands Act 1963

Section 3 of the Cultural and Recreational Lands Act 1963 does not apply to the compulsory acquisition of land under this Division.

Division 2—Acquisition of native title rights and interests

47 Compulsory acquisition of native title rights and interests

(1) The Authority may acquire a native title right or interest in land in the Extended Project area by a compulsory process for the purposes of the Project or any purpose connected with the Project.

(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—

S. 47(2)(a) amended by No. 95/2005 s. 4(4)(a).

(a) the EastLink Project Act 2004 is the special Act; and

S. 47(2)(b) amended by Nos 93/2009 s. 39(1), 49/2019 s. 186(Sch. 4 item 15.7).

(b) the Head, Transport for Victoria is the Authority.

(3) Section 3(3) of the Land Acquisition and Compensation Act 1986 does not apply to the extent that this Division is inconsistent with that Act.

48 Acquired right or interest to vest in Crown

Any right or interest in land acquired by the Authority under section 47 vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that Act.

49 Procedure for acquisition

(1) For the purposes of the compulsory acquisition of native title rights and interests in land, the Authority is authorised to comply with any relevant procedure under the Native Title Act for a valid acquisition of those rights and interests.

(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 Authority may compulsorily acquire the native title rights and interests.

(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, the Tribunal is the independent body for hearing an objection under section 24MD(6B)(f) and sections 50 and 51 apply.

(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 Authority may compulsorily acquire the native title rights and interests in the land if—

(a) all those objections have been withdrawn; or

(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 the Tribunal.

(5) If an objection made under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition is referred to the Tribunal and a determination is made that the proposed compulsory acquisition proceed, the Authority, in accordance with the determination and subject to this Act, may compulsorily acquire the native title rights and interests.

(6) If the Tribunal makes a determination that the proposed compulsory acquisition not proceed, or proceed subject to conditions, the 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.

50 Referral of objections to Tribunal

(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 Authority to refer the objection to the Tribunal.

(2) A request must be made within 5 months after notification under section 24MD(6B) of the Native Title Act of the proposed compulsory acquisition.

(3) If a request is made, the Authority must refer the objection to the Tribunal unless the Authority decides not to proceed with the compulsory acquisition.

(4) The Authority is a party to a proceeding in the Tribunal in respect of an objection.

51 Determination of Tribunal on objection

(1) The Tribunal may make any of the following determinations in respect of an objection referred to it under section 50—

(a) a determination that the proposed compulsory acquisition that is the subject of the objection proceed; or

(b) a determination that the proposed compulsory acquisition proceed subject to conditions; or

(c) a determination that the proposed compulsory acquisition not proceed.

(2) In making a determination, the Tribunal must take into account—

(a) the likely impact of the proposed compulsory acquisition on the objector's registered native title rights and interests; and

(b) the measures proposed to be taken to minimise that impact.

(3) For the avoidance of doubt, a determination is not an order of the Tribunal for the purposes of the Victorian Civil and Administrative Tribunal Act 1998.

Note

Compare section 79 of the Native Title Act.

52 Disputed claims for compensation: native title land

If 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.

53 Cultural and Recreational Lands Act 1963

Section 3 of the Cultural and Recreational Lands Act 1963 does not apply to the compulsory acquisition of a right or interest under this Division.

Division 3—Acquisition of land outside the Project area

54 Power of Authority to purchase land

(1) The Authority may purchase land for the purposes of the Project in any area outside the Project area.

(2) The Authority may purchase land in any area outside the Project area for the purpose of preservation, restoration or provision of native habitat.

(3) The Authority may purchase the whole of a parcel of land even if only part of the land is required for the purposes of the Project or for the purposes of subsection (2).

(4) If the Authority acquires part of a parcel of land under section 34, it may purchase the rest of the parcel of land under this Division even if the rest of the parcel is not required for the purposes of the Project or for the purposes of subsection (2).

S. 54(5) inserted by No. 14/2005 s. 14.

(5) If an Order has been published under section 55 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 Authority may purchase the rest of the parcel of land under this Division even if the rest of the parcel is not required for the purposes of the Project or for the purposes of subsection (2).

Part 4—Provision of public land and Council land

Division 1—Surrender or divesting of public land and Council land

55 Surrender or divesting of land of public authorities and Councils

(1) The Governor in Council may, by Order published in the Government Gazette—

(a) require a public authority or Council in which land in the Project area is vested to surrender that land to the Crown; or

(b) divest land in the Project area from a public authority or Council.

(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.

(3) Subsection (1) does not apply to land that is reserved under the Crown Land (Reserves) Act 1978.

(4) A public authority or Council must comply with a requirement under subsection (1)(a).

(5) A power may only be exercised under subsection (1) on the joint recommendation of the Minister and—

(a) in the case of a public authority, the Minister administering the Act under which the public authority is established; or

S. 55(5)(b) amended by No. 9/2020 s. 390(Sch. 1 item 28.2).

(b) in the case of a Council, the Minister administering the Local Government Act 2020.

56 Surrender of interests in unreserved Crown land

(1) The Minister may recommend to the Governor in Council that the interests (if any) of a public authority or a Council in any Crown land that is a part of the Project area be surrendered to the Crown on—

(a) receiving a plan of land signed by the Surveyor-General; and

(b) being satisfied that the land shown on the plan represents land, the interests in which are to be surrendered to the Crown.

(2) Subsection (1) does not apply to land that is reserved under the Crown Land (Reserves) Act 1978.

(3) On receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, declare that the interests (if any) in the land shown on the plan are surrendered to the Crown.

57 Effect of surrender or divesting

(1) This section applies to land on—

(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 55(1)(a); or

(b) the publication in the Government Gazette of an Order under section 55(1)(b) in respect of the land; or

(c) the publication in the Government Gazette of an Order under section 56 in respect of the land.

(2) The land is deemed to be unalienated land of the Crown and is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

(3) Unless the relevant Order under section 55 or 56 expressly excludes the operation of this subsection, if any part of the land is or is being used as a road—

(a) that part of the land ceases to be a road; and

(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.

(4) Unless the relevant Order under section 55 or 56 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.

(5) The land is deemed 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 Project.

(6) This section has effect despite anything to the contrary in section 175A of the Water Industry Act 1994, section 10 or clause 1 of Schedule 5 to the Road Management Act 2004 or any other Act.

58 Temporary reservation may be amended or revoked

The reservation of land under section 57(5) may be amended, revoked and otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978.

Division 2—Removal of reservations on land

59 Land Acts not to apply

This Division has effect despite anything to the contrary in the Crown Land (Reserves) Act 1978 or the Land Act 1958.

60 Revocation of reservation of Schedule 1 land

(1) The Order in Council specified in item 1 in Schedule 1 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./04–044 and lodged in the Central Plan Office.

(2) The reservation of land specified in item 2 in Schedule 1 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./04–045 and lodged in the Central Plan Office.

61 Revocation of reservations—entire reservation

(1) If any Crown land permanently or temporarily reserved under the Crown Land (Reserves) Act 1978 is entirely within the Project area, the Minister may recommend to the Governor in Council that the reservation of that land be revoked in its entirety.

(2) On receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the following—

(a) any Order in Council reserving the land;

(b) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land.

62 Revocation of reservations—part of reservation

(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 Minister on—

(a) receiving a plan of land signed by the Surveyor-General; and

(b) being satisfied that the land shown on the plan represents that part of the reservation to be revoked—

may recommend to the Governor in Council that that part of the reservation be revoked.

(2) On receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the following—

(a) any Order in Council reserving the land;

(b) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land—

to the extent that the Order in Council, Crown grant, certificate of title or folio relates to the land shown on the plan.

63 Effect of revocation of reservation

(1) This section applies to—

(a) land referred to in section 60(1) or 60(2), on the commencement of that subsection;

(b) land referred to in an Order under section 61, on the publication of that Order in the Government Gazette;

(c) land shown on a plan to which an Order under section 62 applies, on the publication of that Order in the Government Gazette.

(2) The land is deemed to be unalienated land of the Crown and is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

(3) Unless the relevant Order under section 61 or 62 expressly excludes the operation of this subsection, if any part of the land is or is being used as a road—

(a) that part of the land ceases to be a road; and

(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.

(4) Unless the relevant Order under section 61 or 62 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.

(5) The appointment of any committee of management is revoked in so far as it applies to the land.

(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.

(7) The land is deemed 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 Project.

(8) This section has effect despite anything to the contrary in section 175A of the Water Industry Act 1994, section 10 of the Road Management Act 2004 or any other Act.

64 Temporary reservation may be amended or revoked

The reservation of land under section 63(7) may be amended, revoked and otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978.

65 Minister to be notified of reservation

The Authority must notify the Minister administering the Crown Land (Reserves) Act 1978 of the reservation of any land under this Division.

Division 3—Declaration of roads

66 Orders may continue or declare roads

(1) An Order made under Division 1 or Division 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.

(2) Any land that is specified in an Order in accordance with subsection (1) continues be a freeway, an arterial road, a non-arterial State road or a municipal road as specified in the Order.

(3) The Governor in Council may, by Order published in the Government Gazette, specify that any reserved 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 deemed to be a freeway, an arterial road, a non-arterial State road or a municipal road.

(4) Any land that is specified in an Order in accordance with subsection (3) is, from the date of publication of the Order, deemed 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.

(5) For the avoidance of doubt it is declared that this section has effect in addition to and not in derogation of the deemed reservation of the land under this Division.

(6) This section has effect despite anything to the contrary in any other Act.

Division 4—Entry into possession of certain Project land

67 Definitions

In this Division—

project land means land that is deemed under Division 1 or Division 2 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 Project;

reservation date in relation to land means the date on which the land became project land.

68 Power to enter into possession

Subject to this Division, the Authority may enter into possession of project land.

69 Authority must try to obtain agreement

The Authority must diligently endeavour to obtain agreement with the person in occupation of project land (the occupier) as to the terms on which the Authority will enter into possession of the land.

70 Time for entry into possession—general

If, at the reservation date, project land is not used by any person as the principal place of residence or business of that person, the Authority may enter into possession of the land at any time after the reservation date after giving 7 days' notice in writing of its intention to enter into possession to the occupier of the land.

71 Time for entry into possession—residence or business

(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 Authority must not enter into possession of—

(a) the part of the land so used; or

(b) if the whole of the land is so used, that land—

before the end of 3 months after the reservation and unless the Authority has given 7 days' notice in writing of its intention to enter into possession to the occupier of the land.

(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).

(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 Authority also ceases.

(4) If the occupier was in occupation of the land immediately before the reservation date—

(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

(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—

this 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.

(5) If the occupier was in occupation of the land before the reservation date—

(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

(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—

and the period of occupation permitted under the relevant provision or agreement specified in paragraph (a) or (b) had ended before the reservation date, the Authority may enter into possession of the land at any time after the reservation date after giving 7 days' notice in writing of its intention to enter into possession to the occupier of the land.

72 Early entry of place of residence or business

(1) Section 71 does not apply if—

(a) the Governor in Council certifies that having regard to—

(i) the urgency of the case or any other exceptional circumstances; and

(ii) the public interest—

it is not practicable for the Authority to delay entry into possession of the project land until after the end of the 3 month period referred to in section 71(1); or

(b) the Authority and the occupier have, with the consent of the Minister, entered into an agreement in relation to the time of entry into possession of the project land by the Authority.

(2) A certificate under subsection (1)(a) must specify the date on which the Authority is to take possession.

(3) The Authority must serve a copy of the certificate under subsection (1)(a) on the occupier.

(4) The occupier whose period of occupation of the project land was abridged under subsection (1)(a) is entitled to claim compensation under Division 5 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.

(5) The compensation payable pursuant to subsection (4) may be paid to—

(a) the person who is entitled to claim the compensation; or

(b) the constituted attorney of that person.

73 Occupation may be extended by agreement

(1) The period of occupation of the project land after the reservation date (including the 3 month period referred to in section 71(1)) may be extended by agreement in writing between the Authority and the occupier of the project land.

(2) An agreement under subsection (1) must provide for the payment of rent by the occupier of the relevant land to the Authority.

74 Continued occupation without agreement

If a person continues to occupy project land after the period permitted under section 71 or the reservation date (as the case may be) and an agreement has not been entered into under section 73 in respect of that occupation, that person—

(a) is to be taken to be in possession of the land in pursuance of a tenancy determinable at will by the Authority; and

(b) is liable to pay to the Authority a fair market rent in respect of that continued occupation.

75 Recovery of rent

Any rent payable to the Authority under this Division may be recovered as a debt due to the Authority in any court of competent jurisdiction.

76 Proceedings where refusal to give up possession

(1) If the Authority is entitled under this Division to enter into possession of project land and the occupier of the land or any other person—

(a) refuses to give up the possession of the land; or

(b) hinders the Authority from entering on and taking possession of the land—

the Authority may issue its warrant under this section to the sheriff.

(2) A warrant issued under this section authorises the sheriff to—

(a) enter onto the land specified in the warrant; and

(b) deliver possession of the land to the Authority or the person appointed in the warrant to receive possession of the land; and

(c) use such force as is reasonably necessary to execute the warrant.

(3) On receipt of a warrant issued under this section, the sheriff must deliver possession of the land to the Authority or the person appointed in the warrant to receive possession of the land.

(4) The costs incurred in the issuing and execution of a warrant must be paid by the person refusing to give up possession.

(5) The amount of the costs and the amount of any rent owed by that person must be deducted and retained by the Authority from the compensation (if any) payable under this Part to that person.

(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.

(7) On application by the Authority, a magistrate must issue a warrant for the purposes of subsection (6).

S. 76(8) repealed by No. 87/2009 s. 27.

77 Residential Tenancies Act 1997 not to apply

Nothing in the Residential Tenancies Act 1997 applies to or in relation to any matter provided for or any proceedings under this Division.

78 Giving of notices and documents

(1) Any notice or other document that the Authority is required to give to any person under this Division may be served on that person in accordance with section 250.

(2) If the Authority does not know the location of a person on whom the Authority is required to serve the notice or document, the notice or document may be served—

(a) by publication of a copy of it in a newspaper circulating generally throughout the State; and

(b) by affixing it in a prominent place on the land to which it relates.

(3) The validity of any notice under this Division is not affected by any misdescription in it of the land or of any interest in the land if sufficient information appears on the face of the notice to identify the land or interest affected.

Division 5—Compensation for surrendered or divested or reserved land

79 Compensation—surrender, divesting or revocation of reservation

(1) Subject to this Act and the Land Acquisition and Compensation Act 1986, every person who—

(a) immediately before the publication of an Order under Division 1 or 2 had a legal or equitable estate or interest in land to which the Order applies; or

(b) immediately before the commencement of section 60(1) or 60(2) had a legal or equitable estate or interest in any Crown land to which that subsection applies—

has a claim for compensation.

(2) The Land Acquisition and Compensation Act 1986 (except sections 31 to 36) applies to the determination of compensation payable under this section—

(a) in the case of an estate or interest in land to which subsection (1)(a) applies, as if the publication of the Order were a notice of acquisition of that estate or interest and the Authority had acquired that estate or interest; or

(b) in the case of an estate or interest in land to which subsection (1)(b) applies, as if the proclamation of the commencement of section 60(1) or 60(2) were a notice of acquisition of that estate or interest and the Authority had acquired that estate or interest.

S. 79(3) amended by No. 95/2005 s. 4(4)(a).

(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—

"(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 EastLink Project Act 2004 for the purposes of the Project within the meaning of that Act.".

(4) This section does not apply to—

(a) an estate or interest held by a public authority; or

(b) an estate or interest (other than an interest in fee simple) held by a Council.

80 Compensation for Councils in certain circumstances

(1) This section applies to land—

(a) that was under the control of a Council immediately before the publication of an Order under Division 1 or 2 in relation to that land; or

(b) to which section 60(1) or 60(2) applies that was under the control of a Council immediately before the commencement of that subsection.

(2) If the Council has—

(a) sustained any pecuniary loss; or

(b) incurred any expense—

as a direct, natural and reasonable consequence of the Order or the commencement of section 60(1) or 60(2), the Council may claim the amount of that loss or expense from the Authority.

(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.

(4) A claim under subsection (2) must be made within 2 years after the Order was made or section 60(1) or 60(2) commenced (as the case requires).

(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.

81 Transfer of building or structure as compensation

(1) With the agreement of a Council entitled to compensation under this Division, the Authority may transfer a building or structure from reserved project land or surplus land or from land owned by the Authority or by the Council to other land owned by the Council in full or in part settlement of any compensation that the Authority is liable to pay.

(2) With the agreement of a Council entitled to compensation under this Division, the Authority may ask—

S. 81(2)(a) repealed by No. 93/2009 s. 39(3)(a).

(b) the Secretary to the Department of Infrastructure to transfer a building or structure from land owned by it to land owned by the Council—

in full or in part settlement of any compensation that the Authority is liable to pay.

S. 81(3) amended by No. 93/2009 s. 39(3)(b).

(3) The Secretary to the Department of Infrastructure may comply with a request under this section despite anything to the contrary in any other Act.

82 Adjoining land may be provided as compensation

(1) If the Authority is liable to pay compensation to a Council under section 80, the Authority may require the Council to take land—

(a) that adjoins land owned by the Council; and

(b) that is owned by the Authority or is surplus land.

(2) The value of that land must be deducted from any amount to be paid by way of compensation to the Council by the Authority under section 80.

(3) If the 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 80.

83 No other compensation payable

Except as provided in this Division, no compensation is payable by the Crown or the Authority in respect of anything done or arising out of this Part.

Division 6—General

84 Effect of reservation of a stratum of Crown land

If a stratum of Crown land becomes reserved project land, any reservation or other right, title, trust, limitation, reservation, restriction, encumbrance, estate or interest—

(a) that applied both to that stratum of land and to any other stratum of land, immediately before the reservation of that stratum; and

(b) that was revoked or surrendered with respect to the reserved stratum on the reservation of the stratum—

continues to apply to the other strata of land to which it applied immediately before the reservation, despite the reservation of that stratum.

Part 5—Management of land for Project

Division 1—General powers of Authority

85 Authority appointed committee of management

(1) The Authority is deemed to be the committee of management under the Crown Land (Reserves) Act 1978 of reserved project land.

(2) The provisions of sections 15(2), 15(3), 15(4), 15(7), 15(8) and 15(9) of the Crown Land (Reserves) Act 1978 do not apply to the Authority as committee of management.

(3) In addition to the powers conferred on committees of management under the Crown Land (Reserves) Act 1978, the Authority as committee of management has all the powers necessary to give effect to this Act.

(4) For the purposes of this section, the Crown Land (Reserves) Act 1978 applies as if a reference to the Minister under that Act were a reference to the Minister administering this Act.

86 Authority may carry out or authorise works on public land

(1) The Authority may carry out or authorise any person or body to carry out works on public land in the Extended Project area for the purposes of the Project.

S. 86(2) amended by No. 14/2005 s. 15(1).

(2) The Authority must consult with any Minister, public authority or Council that owns or is responsible for the management of public land before carrying out or authorising the carrying out of works on that land.

(3) The Authority must not carry out or authorise the carrying out of works on reserved Crown land unless—

(a) the works are not inconsistent with the reservation of the land; or

S. 86(4) inserted by No. 14/2005 s. 15(2).

(4) An authorisation under this section may be given subject to any conditions that are not inconsistent with the Agreement.

S. 86(5) inserted by No. 14/2005 s. 15(2).

(5) An authorisation that is inconsistent with the Agreement is invalid only to the extent of the inconsistency.

S. 86(6) inserted by No. 14/2005 s. 15(2).

(6) In this section, public land includes land owned by or vested in a Council.

87 Authority liable to pay compensation

(1) The Authority is liable to compensate any person who has—

(a) sustained any pecuniary loss; or

(b) incurred any expense—

as a direct, natural and reasonable consequence of the entry onto or occupation of or the carrying out of works on public land under section 86 by or on behalf of the Authority.

(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.

(3) A Utility is not entitled to compensation under this section.

88 Temporary access to Crown land

(1) The Authority may use or authorise the use of any Crown land for the purposes of the Project.

(2) The Authority must obtain the approval of the Land Minister before exercising any power under subsection (1).

(3) Once the use has ended, the Authority must ensure that any land used under this section is restored to a condition that is satisfactory to the Land Minister.

(4) The Authority must not use or authorise the use of reserved Crown land under this section unless—

(a) the use is not inconsistent with the reservation of the land; or

S. 88(4A) inserted by No. 14/2005 s. 16.

(4A) An authorisation under this section may be given subject to any conditions that are not inconsistent with the Agreement.

S. 88(4B) inserted by No. 14/2005 s. 16.

(4B) An authorisation that is inconsistent with the Agreement is invalid only to the extent of the inconsistency.

(5) In this section Land Minister means the Minister administering section 12 of the Land Act 1958.

S. 88A inserted by No. 14/2005 s. 17.

88A Powers in relation to easements

(1) Without limiting any other power of the Authority under this Act, if an easement is acquired under Part 3, the Authority may carry out or authorise any other person to carry out any works on the land in that easement.

(2) An authorisation under this section may be given subject to any conditions that are not inconsistent with the Agreement.

(3) An authorisation that is inconsistent with the Agreement is invalid only to the extent of the inconsistency.

Division 2—Licences

89 Application

This Division 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.

90 Authority may issue licence for purposes of Project

(1) The Authority may issue a licence to any person to enter on and use the whole or part of—

(a) any reserved Project land in the Project area; or

(b) any public land in the Extended Project area that is not in the Project area—

for the purposes of the construction of the Project.

(2) The Authority may issue a licence to any person to enter on and use the whole or part of—

(a) any former Project land; or

(b) any public land in the Extended Project area that is not in the Project area—

for any of the other purposes of the Project.

S. 90(3) amended by No. 14/2005 s. 18(1).

(3) The Authority must consult with any Minister, public authority or Council that owns or is responsible for the management of public land or former Project land before carrying out or authorising the carrying out of works on that land.

(4) The Authority must not issue a licence for the use of public land or former Project land that is reserved Crown land unless—

(a) the use is not inconsistent with the reservation of the land; or

S. 90(5) substituted by No. 14/2005 s. 18(2).

(5) In this section—

former Project land means land in the Project area that was reserved Project land but in respect of which the reservation for the purposes of the Project has been revoked;

public land includes land owned by or vested in a Council.

91 Term of licence

The period for which a licence is issued must not exceed the period of operation of the Agreement.

92 Conditions of licence—general

(1) A licence may be issued subject to any conditions that are not inconsistent with the Agreement.

(2) A licence that is inconsistent with the Agreement is invalid only to the extent of the inconsistency.

93 Conditions on licence over stratum of land

(1) In imposing conditions on a licence over a stratum of land, the Authority must have regard to the following matters—

(a) that reasonable access to and use of the stratum and other land be provided for; and

(b) that the rights of the registered proprietor, lessee or licensee of other land not be interfered with; and

(c) that the rights of support of the stratum or of other land or of any building or structure erected or to be erected on those lands be provided for; and

(d) that the making and removal of improvements by the licensee be provided for; and

(e) that any necessary rights for the passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or telecommunications) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or of other land, be provided for.

(2) The issuing of a licence under this Division of a stratum of land is conclusive proof of compliance with subsections (1)(a), (1)(b), (1)(c), (1)(d) and (1)(e) with respect to the licence.

94 Conditions relating to sub-licences

The conditions on a licence may include conditions relating to sub-licences.

95 Ability to mortgage licence

The licensee may only mortgage, charge, assign or otherwise encumber the licensee's interest in the licence in accordance with the terms of the Agreement.

96 Amendment of licence

A licence may be amended at any time with the agreement of the licensee.

97 Termination of licence

A licence may be terminated in whole or in part before the end of the term of the licence in accordance with the Agreement.

98 Renewal of licence

(1) A licence may be renewed in accordance with the terms of the Agreement.

(2) A licence must not be renewed for a period that ends after the end of the period of operation of the Agreement.

99 Revocation of reservation on termination of licence

(1) The Minister, after consultation with the Minister administering the Crown Land (Reserves) Act 1978, may recommend to the Governor in Council that the temporary reservation of licensed land be revoked on the termination of the licence as to that land.

(2) After receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the reservation of the land.

(3) An Order under subsection (2) has effect on the day that it is published in the Government Gazette.

(4) On an Order under subsection (2) taking effect—

(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) the appointment of the Authority as committee of management is revoked to the extent that it applies to the land.

100 Orders may close roads

(1) An Order made under section 99 may specify that any part of the land that is the subject of the Order ceases to be a road.

(2) If an Order made under section 99 specifies that any land ceases to be a road—

(a) that land ceases to be a road; and

(b) all rights, easements and privileges existing or claimed in that 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.

(3) This section applies despite anything to the contrary in section 10 of the Road Management Act 2004.

101 Orders may continue roads

(1) An Order made under section 99 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 immediately before the publication of the Order continues to be a freeway, an arterial road, a non-arterial State road or a municipal road.

(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.

(3) This section has effect despite anything to the contrary in any other Act.

Division 3—Leases

102 Application

This Division 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.

103 Leasing powers

The Governor in Council, on behalf of the Crown, subject to and in accordance with the terms of the Agreement may grant a lease of any part of the Project area for the purposes of the Project.

104 Term of lease

The term of a lease must be in accordance with the Agreement.

105 Conditions of lease—general

(1) A lease may be granted subject to any conditions that are not inconsistent with the Agreement.

(2) A lease that is inconsistent with the Agreement is invalid only to the extent of the inconsistency.

106 Conditions on lease over stratum of land

(1) In imposing conditions on a lease of a stratum of land, the Governor in Council must have regard to the following matters—

(a) that reasonable access to and use of the stratum and other land be provided for; and

(b) that the rights of the registered proprietor, lessee or licensee of other land not be interfered with; and

(c) that the rights of support of the stratum or of other land or of any building or structure erected or to be erected on those lands be provided for; and

(d) that the making, maintenance and removal of improvements by the lessee be provided for; and

(e) that any necessary rights for the passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or telecommunications) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or of other land, be provided for.

(2) The granting of a lease under this Division of a stratum of land is conclusive proof of compliance with subsections (1)(a), (1)(b), (1)(c), (1)(d) and (1)(e) with respect to the lease.

107 Conditions relating to sub-leases

The conditions imposed on a lease may include conditions relating to sub-leases.

108 Ability to mortgage lease

The lessee may only mortgage, charge, assign or otherwise encumber the lessee's interest in the lease in accordance with the terms of the Agreement.

109 Amendment of lease

A lease may be amended at any time with the agreement of the lessee.

110 Termination of lease

A lease may be terminated in whole or in part before the end of the term of the lease in accordance with the Agreement.

111 Renewal of lease

A lease may be renewed in accordance with the terms of the Agreement.

Division 4—Interim operation

112 Interim operation

(1) The Minister may, by notice in the Government Gazette, determine an area of land as land to which this section applies.

(2) A determination may only be made under subsection (1) in relation to land in respect of which the temporary reservation has been revoked under Division 2.

(3) If notice of an area of land has been given under subsection (1) this Act applies to that land as if any reference in this Act to leased land or land leased under Division 3 included a reference to that land.

(4) The Governor in Council may by Order published in the Government Gazette declare that this section no longer applies to certain land.

(5) This section ceases to apply to land—

(a) on the grant of a lease of that land under Division 3; or

(b) on the publication of an Order under subsection (4) in respect of the land—

whichever is the earlier.

Division 5—Interim leases and licences for reserved Project land

113 Application

(1) This Division 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.

(2) This Division does not apply to leased land or licensed land.

114 Power to issue interim licences for reserved project land

The Authority may issue a licence to any person to enter on and use the whole or part of reserved project land for any purpose that is not inconsistent with the proposed use of the land for the purposes of the Project.

115 Power to grant interim leases for reserved project land

The Authority may grant a lease to any person of the whole or part of reserved project land for any purpose that is not inconsistent with the proposed use of the land for the purposes of the Project.

116 Termination of lease or licence

(1) The Authority may terminate a lease or licence by giving the required notice of termination to the lessee or licensee.

(2) The required notice of termination is not less than—

(a) 60 business days in respect of land used as the lessee's or licensee's principal place of residence; or

(b) 20 business days in any other case.

(3) A lease or licence may be terminated earlier with the agreement of the lessee or licensee.

(4) The Authority is entitled to enter into possession of the land on the termination of the lease or licence.

(5) This section applies despite anything to the contrary in the lease or licence.

117 Proceedings where refusal to give up possession

(1) If the Authority is entitled under this Division to enter into possession of land and the person in occupation of the land or any other person—

(a) refuses to give up the possession of the land; or

(b) hinders the Authority from entering on and taking possession of the land—

the Authority may issue its warrant under this section to the sheriff.

(2) A warrant issued under this section authorises the sheriff to—

(a) enter on the land specified in the warrant; and

(b) deliver possession of the land to the Authority or the person appointed in the warrant to receive possession of the land; and

(c) use such force as is reasonably necessary to execute the warrant.

(3) On receipt of a warrant issued under this section, the sheriff must deliver possession of the land to the Authority or the person appointed in the warrant to receive possession of the land.

(4) The costs incurred in the issuing and execution of a warrant must be paid by the person refusing to give up possession.

(5) The amount of the costs may if not paid on demand be enforced by a warrant to seize property.

(6) On application by the Authority, a magistrate must issue a warrant for the purposes of subsection (5).

S. 117(7) repealed by No. 87/2009 s. 28.

118 Residential Tenancies Act 1997 not to apply

Nothing in the Residential Tenancies Act 1997 applies to or in relation to a lease under this Division.

Division 6—Powers over other land

119 Land purchased by Authority

The Authority may sell, lease, licence or otherwise deal with any land purchased by the Authority under section 54.

120 Authority may enter into agreements for land

(1) The Authority alone or jointly with any other person may enter into an agreement with another person (the purchaser) concerning the use or development of land purchased by the Authority under section 54—

(a) on disposing of the whole of its interest in the land to the purchaser; or

(b) in anticipation of disposing of the whole of its interest in the land to the purchaser.

(2) Division 2 of Part 9 of the Planning and Environment Act 1987 applies to an agreement under subsection (1) as if—

(a) that agreement were an agreement under that Division; and

(b) that Division referred to the Authority instead of the responsible authority for the planning scheme; and

(c) section 174(2)(c) were omitted; and

(d) sections 177(2), 178 and 179(1) referred to the Minister administering this Act instead of the Minister.

121 Surplus land

(1) The Authority, with the approval of the Minister and the Minister administering section 12 of the Land Act 1958, may determine that certain Crown land in the Project area is not required for the Project and is surplus land.

(2) The Authority must publish a copy of a determination under this section in the Government Gazette.

(3) This section does not apply to—

(a) land reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978; or

(b) leased land; or

(c) licensed land; or

(d) land for which the Agreement requires a licence to be issued under Division 2 or a lease to be granted under Division 3.

122 Disposition of surplus land

(1) The Authority, after consultation with the Minister administering section 12 of the Land Act 1958, may, on behalf of the Crown, sell, lease or licence surplus land.

(2) The proceeds of the sale of land under this section, less any costs incurred by the Authority in selling the land, must be paid into the Consolidated Fund.

(3) This section applies despite anything to the contrary in the Land Act 1958.

Part 6—Statutory powers and exemptions

Division 1—Planning controls

S. 123 amended by No. 81/2004 s. 50.

123 Authority may be planning authority

The Authority may be authorised as a planning authority under section 9 of the Planning and Environment Act 1987 in respect of the preparation of an amendment to a planning scheme for any part of the Extended Project area.

124 Authority to be responsible authority

(1) The Minister administering the Planning and Environment Act 1987 on the recommendation of the Minister may appoint the Authority as the responsible authority for the administration and enforcement of any planning scheme or any part of a planning scheme.

(2) If the Authority is appointed under subsection (1), it is deemed for the purposes of the Planning and Environment Act 1987 to be the responsible authority for the administration and enforcement of the planning scheme or the relevant part of a planning scheme.

S. 125 substituted by No. 14/2007 s. 16.

125 Authority to be referral authority

(1) The Authority is deemed to be specified as a referral authority in any planning scheme under the Planning and Environment Act 1987 in relation to—

(a) land in the Extended Project area; and

(b) land in any additional referral area declared under subsection (2).

(2) The Minister may, by Order published in the Government Gazette, declare any area within 200 metres of the boundary of the Extended Project area to be an additional referral area for the purposes of this section.

(3) The Minister must not make an Order under subsection (2) unless the Minister has received the appropriate plans which have been—

(b) lodged in the Central Plan Office.

126 Application of planning laws

(1) This section applies to a use or development of land in the Extended Project area that is authorised by or under this Act or the Agreement for the purposes of the Project.

(2) Nothing in a planning scheme under the Planning and Environment Act 1987—

(a) requires a permit under that Act for the use or development; or

(b) prevents the use or development.

(3) This section does not apply to the traffic control centre.

127 Planning compensation

(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—

(a) the Project area had been reserved for a public purpose under a planning scheme; and

(b) the 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 Project area under that Part.

(2) On the revocation of the reservation under this Act of any reserved project land, subsection (1) ceases to apply to that land.

Division 2—Exemption from other statutory approvals

128 Approvals of public bodies not required

(1) Subject to Part 8, but despite anything to the contrary in any other enactment or law, a permit, licence, consent, approval or other authority is not required from any person or body, other than the Authority (in accordance with the Agreement) or the Environment Protection Authority, for the carrying out of works for the purposes of the Project.

(2) Nothing in this section derogates from any requirement relating to standards of construction and safety that may apply under any other Act.

Division 3—Application of other Acts

129 Building Act 1993

(1) The Building Act 1993 does not apply to or in relation to licensed land or leased land or to anything done on that land.

(2) Despite subsection (1), the Building Act 1993 applies to and in relation to the traffic control centre.

130 Building and Construction Industry Security of Payment Act 2002

The Building and Construction Industry Security of Payment Act 2002 does not apply to the Crown in respect of the Agreement or anything done under the Agreement.

131 Mineral resources and extractive industry

S. 131(1) amended by No. 63/2006 s. 61(Sch. item 9).

(1) The Mineral Resources (Sustainable Development) Act 1990 does not apply to or in relation to licensed land or leased land or to anything done on that land.

S. 131(2) repealed by No. 6/2009 s. 50.

(3) Section 204 of the Land Act 1958 does not apply to a licence issued under section 90(1) or to a lease granted under section 103.

(4) Section 205 of the Land Act 1958 does not apply to licensed land or leased land.

(5) Nothing in this section affects the ownership by the Crown of minerals.

Part 7—Road management

Division 1—Application

132 Powers under Road Management Act 2004

The powers conferred on the Freeway Corporation under this Part are in addition to any powers conferred on the Freeway Corporation under the Road Management Act 2004.

Division 2—Construction powers in relation to roads

133 Powers relating to roads

(1) The Authority, for the purposes of facilitating the construction of the Project, may—

(a) open, discontinue, construct, relocate or realign any road; and

(b) close any road to traffic.

(2) Without limiting subsection (1), the Authority may—

(a) carry out improvements to roads in the Extended Project area; and

(b) carry roads over or under any road constructed or to be constructed in the Extended Project area; and

(c) carry any road constructed or to be constructed in the Extended Project area over or under other roads; and

(d) cause fences, posts or other structures to be erected along any road constructed or to be constructed in the Extended Project area or along or across any entrance, approach or means of access to any road constructed or to be constructed in the Extended Project area.

(3) The Governor in Council, by Order published in the Government Gazette, may provide for any vesting or divesting of lands necessary because of the exercise of any powers under subsection (1) or (2).

134 Authority to comply with Agreement

The Authority must not exercise its powers under section 133 in a manner that is inconsistent with the Agreement.

135 Authority to advise road authority before exercising power

The Authority must advise the relevant road authority before exercising any power under section 133, unless the exercise of that power is provided for in the Agreement.

136 Exercise of powers by road authority

A road authority must not exercise its powers in a manner that is inconsistent with the Agreement or with the exercise by the Authority of its powers under section 133.

137 Effect of decision about road

(1) A decision under section 133 to open, discontinue, construct, relocate or realign a road has no effect until the Authority causes notice of it to be published in—

(a) the Government Gazette; and

(b) in a newspaper circulating generally throughout the area affected by the decision.

(2) On the publication under subsection (1) of a decision discontinuing, realigning or relocating a road—

(a) the land over which the discontinued, realigned or relocated road ran ceases to be a road; and

(b) 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

(c) the land is deemed to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(d) if the decision provides for the land to be reserved for the purposes of the Project, the land is deemed 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 Project.

(3) The reservation under subsection (2)(d) may be amended, revoked and otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978.

(4) This section applies despite anything to the contrary in section 10 of the Road Management Act 2004 or any other Act.

138 Temporary closure of roads to traffic

For the purposes of facilitating the construction of the Project, the Authority may temporarily close a road to traffic if the Authority considers it necessary to do so so that works on the road or neighbouring land can be carried out.

139 Powers of Freeway Corporation in relation to existing roads

(1) The Freeway Corporation has all the powers of the Authority under sections 133 and 138 for the purposes of the Project in respect of roads specified in the Agreement.

(2) The Freeway Corporation, with the agreement of the Authority, may exercise any of the powers of the Authority under sections 133 and 138 for the purposes of the Project in respect of any road not specified in the Agreement.

(3) If the Freeway Corporation exercises a power under this section, it must do so in a manner that—

(a) is not inconsistent with the Agreement; and

(b) is consistent with any requirements of the Authority.

(4) The Freeway Corporation must advise the Authority and the relevant road authority before exercising any power under this section, unless the exercise of that power is provided for in the Agreement.

(5) A road authority must not exercise its powers in a manner that is inconsistent with the exercise by the Freeway Corporation of its powers under this section.

S. 140 amended by No. 95/2005 s. 4(4)(b).

140 Restriction on powers to close or discontinue roads

Nothing in this Act permits the Authority or the Freeway Corporation to close to traffic or discontinue a road for the purpose of increasing traffic on EastLink.

141 Compensation for denial of access

(1) Subject to subsection (2), the Authority is liable to pay compensation in accordance with this section if the effect of a decision made under this Division to discontinue, realign or relocate a road is that existing access to any land is denied.

(2) Compensation is not payable under this section for the denial of access if—

(a) there is adequate existing alternative access to the land; or

(b) the Authority provides, or agrees to provide, adequate alternative access to the land; or

(c) the Authority has begun compulsory acquisition procedures under the Land Acquisition and Compensation Act 1986 for the land to which access is denied; or

(d) a claim for compensation is not served on the Authority within one year of the making of the decision under this Division.

(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.

(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.

(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.

(6) Section 127 of the Road Management Act 2004 does not apply in respect of any matter for which compensation is payable under this Division.

142 Freeway Corporation to be responsible for road management for certain roads on licensed land

(1) The Minister may from time to time declare that the Freeway Corporation is to be the responsible road authority for a road or part of a road on licensed land.

(2) The Minister must cause a notice of a declaration under subsection (1) to be published in the Government Gazette.

(3) On the publication of a notice of a declaration under subsection (1), the Freeway Corporation is deemed to be the responsible road authority under the Road Management Act 2004 for the road or part of a road specified in the declaration.

S. 142(4) amended by No. 95/2005 s. 4(4)(b).

(4) The Road Management Act 2004 (except Division 4 of Part 4 and Schedule 7) applies to a road or part of a road specified in a declaration under subsection (1) as if any reference in that Act to EastLink were a reference to the road or part of a road specified in the declaration.

(5) The Minister may at any time revoke a declaration under subsection (1).

(6) The Minister must cause a notice of a revocation of a declaration under subsection (1) to be published in the Government Gazette.

(7) On the publication of the notice of revocation of a declaration under this section, the Freeway Corporation ceases to be the responsible road authority for the road or part of a road specified in the declaration.

Division 3—Road declaration powers

S. 143 (Heading) amended by No. 95/2005 s. 4(4)(c).

143 Declaration of EastLink

(1) The Minister may from time to time declare any part of the following land to be a road—

(a) any land leased under section 103; or

(b) any land that was licensed land but in respect of which the licence has terminated.

(2) A declaration under subsection (1) must state whether the road or any part of the road is to be treated as—

(a) a freeway; or

(b) an arterial road.

(3) The Minister must cause a notice of a declaration under subsection (1) to be published in the Government Gazette.

(4) On the publication of a notice of a declaration under subsection (1), the road specified in the declaration is deemed to be—

(a) declared under section 14 of the Road Management Act 2004 to be a freeway or an arterial road as specified in the notice; and

(b) a road open to and for use by the public for passage with vehicles; and

(c) a highway within the meaning of the Road Safety Act 1986.

S. 143(5) amended by Nos 95/2005 s. 4(4)(b), 49/2019 s. 186(Sch. 4 item 15.8).

(5) Nothing in this section makes the Head, Transport for Victoria the responsible road authority for EastLink.

144 Declaration of other roads

(1) The Minister may from time to time declare to be a road any part of any land that was licensed land but in respect of which the licence has terminated.

(2) A declaration under subsection (1) must state whether the road or any part of the road is to be treated as—

(a) an arterial road; or

(b) a non-arterial State road; or

(c) a municipal road.

(3) The Minister must cause a notice of a declaration under subsection (1) to be published in the Government Gazette.

(4) On the publication of a notice of a declaration under subsection (1), the road specified in the declaration is deemed to be—

(a) declared under section 14 of the Road Management Act 2004 to be an arterial road, a non-arterial State road or a municipal road as specified in the notice; and

(b) a road open to and for use by the public for passage with vehicles; and

(c) a highway within the meaning of the Road Safety Act 1986.

145 Power to revoke declaration

(1) The Minister, by Order published in the Government Gazette may revoke—

(a) a declaration (in whole or in part) under section 143 or 144; or

(b) a declaration (in whole or in part) under the Road Management Act 2004 of any freeway, arterial road, non-arterial State road or municipal road on licensed land or leased land.

(2) On the publication of an Order under subsection (1), the road (or the relevant part of the road) ceases to be a freeway, arterial road, non-arterial State road or municipal road.

S. 146 (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 15.9).

146 Head, Transport for Victoria may not declare roads on licensed land or leased land

S. 146(1) amended by No. 49/2019 s. 186(Sch. 4 item 15.10).

(1) Despite anything to the contrary in the Road Management Act 2004, the Head, Transport for Victoria must not make a declaration or revoke a declaration under section 14 of that Act in respect of any road on licensed land or leased land.

(2) Nothing in this section affects the status of any freeway, arterial road or non-arterial State road existing on land before it became licensed land or leased land.

Pt 7 Div. 4 (Heading) amended by No. 95/2005 s. 4(4)(d).

Division 4—Power of Minister to close EastLink to traffic

S. 147 (Heading) amended by No. 95/2005 s. 4(4)(c).

S. 147 amended by No. 95/2005 s. 4(4)(b).

147 Power of Minister to close EastLink

Despite anything to the contrary in this Act or the Agreement or the Road Management Act 2004, the Minister may close EastLink to traffic if—

(a) conditions exist outside the leased land that cause the Minister to believe that a serious threat to public safety exists; or

S. 147(b) amended by No. 95/2005 s. 4(4)(b).

(b) there is an emergency on leased land and the Freeway Corporation has failed to close EastLink to traffic.

Part 8—Interface with Utilities

Division 1—Introduction

148 Certain powers of Utilities not affected

Nothing in this Part affects any power of a Utility—

(a) to respond to and deal with an emergency; or

(b) to use a vehicle on any road in the Extended Project area.

Division 2—Consent of Authority

149 Division does not apply to leased land or licensed land

This Division does not apply to leased land or licensed land.

150 Utility to obtain consent of Authority

(1) A Utility must obtain the written consent of the Authority before carrying out works on Utility infrastructure, or for the construction of new Utility infrastructure, in the Extended Project area.

(2) The Authority must not unreasonably delay or refuse its consent under this section.

(3) The Authority may grant a consent under this section subject to any reasonable conditions that the Authority may determine.

(4) This section applies in addition to the requirements of and despite anything to the contrary in any other Act or law.

151 Utility may refer matter to Ministers for determination

A Utility may refer the matter to the Minister and the Utility Minister for determination under Division 8 if—

(a) the Authority refuses or unreasonably delays giving its consent under section 150; or

(b) the Utility objects to any condition imposed by the Authority on that consent.

Division 3—Consent of Freeway Corporation

152 Utility to obtain consent of Freeway Corporation

(1) A Utility must obtain the written consent of the Freeway Corporation before carrying out or causing the carrying out of works on Utility infrastructure, or for the construction of new Utility infrastructure, in, on, over or under licensed land.

(2) The Freeway Corporation must not unreasonably delay or refuse its consent under this section.

(3) A consent under this section may be granted on such reasonable conditions as the Freeway Corporation thinks fit.

(4) This section does not apply to Utility infrastructure if—

(a) an approved Utility agreement provides for access by the Utility to licensed land to carry out works in relation to that Utility infrastructure; or

(b) the work is being carried out under a determination made under Division 8.

(5) This section applies in addition to the requirements of and despite anything to the contrary in any other Act or law.

153 Utility may refer matter to Ministers for determination

A Utility may refer the matter to the Minister and the Utility Minister for determination under Division 8 if—

(a) the Freeway Corporation refuses or unreasonably delays giving its consent under section 152; or

(b) the Utility objects to any condition imposed by the Freeway Corporation on that consent.

Division 4—Agreements between Freeway Corporation and Utility

154 Agreements in relation to licensed land

The Freeway Corporation may enter into an agreement with a Utility under this Division in relation to Utility infrastructure or any works affecting Utility infrastructure constructed or to be constructed in, on, over or under licensed land.

155 What can a Utility agreement provide for?

(1) A Utility agreement may only provide for the following matters—

(a) the means of minimising disruption to the Utility infrastructure and the services provided by the Utility infrastructure;

(b) the respective rights of the Freeway Corporation and the Utility to have access to the Utility infrastructure;

(c) the respective rights of the Freeway Corporation and the Utility to carry out works affecting the Utility infrastructure;

(d) the relocation and rectification of Utility infrastructure;

(e) the standards (including safety, operational and accreditation standards) that are to apply to the relocation or rectification of Utility infrastructure;

(f) the costs of any relocation or rectification of the Utility infrastructure and how those costs are to be apportioned between the Freeway Corporation and the Utility;

(g) the certification by the Utility of works affecting Utility infrastructure.

(2) An agreement that provides for any other matter is not a Utility agreement for the purposes of this Division.

156 Requirements for Utility agreements

(1) A Utility agreement must be in writing.

(2) A Utility agreement must not be inconsistent with this Act or the Agreement.

(3) A Utility agreement that does not comply with subsection (2) is of no effect to the extent of the inconsistency.

(4) If a Utility agreement provides for standards in relation to a matter in accordance with section 155(1)(e), those standards are to apply in relation to that matter despite anything to the contrary in any other Act or law, once the Utility agreement takes effect.

157 Utility agreements must be approved by the Authority

A Utility agreement is of no effect unless it is approved by the Authority.

158 Utility agreement may be amended

(1) An approved Utility agreement may be amended by agreement between the Freeway Corporation and the Utility.

(2) An amendment of an approved Utility agreement is of no effect unless it is approved by the Authority.

(3) In this section, amended includes varied, added to, substituted, cancelled or revoked.

Division 5—Notified Utility infrastructure

159 Duty to identify Utility infrastructure

Before commencing Project construction work on licensed land, the Freeway Corporation must take all reasonable steps to identify all Utility infrastructure in, on, over or under that land that may be affected by the Project construction work.

160 Freeway Corporation to give notice

(1) Before commencing Project construction work on licensed land, the Freeway Corporation must give notice of the proposed Project construction work in accordance with this section.

(2) The notice must—

(a) be published in the Government Gazette; and

(b) be given in writing to each Utility that the Freeway Corporation is aware owns or operates Utility infrastructure in the Extended Project area.

(3) The notice must require Utilities with Utility infrastructure in the Extended Project area to notify the Freeway Corporation in writing within 30 business days after the publication or giving of the notice (whichever is the later)—

(a) setting out the nature and location of the Utility infrastructure; and

(b) stating whether or not the Utility believes that the Utility infrastructure will be affected by the Project construction work.

(4) The Freeway Corporation is not required to give a notice to a Utility under subsection (2)(b) in relation to particular Utility infrastructure if an approved Utility agreement exists with that Utility in relation to that Utility infrastructure.

161 Duty of Utility to give notice

A Utility must, within the time required in the notice given under section 160, give notice in writing to the Freeway Corporation—

(a) setting out the nature and location of the Utility infrastructure of the Utility in the Extended Project area; and

(b) stating whether or not the Utility believes that the Utility infrastructure will be affected by the Project construction work.

162 Copies of notices to be given to Authority

(1) The Freeway Corporation must give the Authority a copy of each notice given under section 160 as soon as practicable and not more than 7 days after the notice is given.

(2) The Freeway Corporation must give the Authority a copy of each notice received by the Freeway Corporation under section 161 as soon as practicable and not more than 7 days after receiving that notice.

163 Freeway Corporation to consult and seek agreement

(1) After complying with section 160 and before commencing any Project construction work on licensed land, the Freeway Corporation must consult with any Utility that the Freeway Corporation is aware owns or operates Utility infrastructure in the Extended Project area that may be affected by the Project construction work.

(2) In consulting under subsection (1), the Freeway Corporation and the Utility must make all reasonable efforts to reach agreement in accordance with Division 4.

(3) This section does not apply to Utility infrastructure if the Freeway Corporation has already reached an agreement with the Utility under Division 4 in respect of that Utility infrastructure.

164 Referral to Ministers for determination if no agreement

If an agreement has not been reached with a Utility under Division 4 within 50 business days after the Utility gives notice to the Freeway Corporation under section 161, the Freeway Corporation may refer the matters under negotiation to the Minister and the Utility Minister for determination under Division 8.

165 Power of Minister to direct Utility

(1) The Minister, after consultation with the Utility Minister, may direct a Utility to carry out works in the Extended Project area.

(2) The Minister may only give a direction under subsection (1) if it is necessary to implement the matters provided for in an approved Utility agreement or a determination under Division 8.

(3) Without limiting subsection (1), a direction under this section may specify a period within which works required under the approved Utility agreement or determination must be performed even if this is a different period from any period provided for in the approved Utility agreement or determination.

166 Direction to Freeway Corporation

(1) The Freeway Corporation may apply to the Minister for a direction under this section if—

(a) a Utility has not completed the works required by a direction under section 165 within the period specified in the direction; or

(b) the Freeway Corporation believes on reasonable grounds that the works required by a direction under section 165 will not be completed within the period specified in the direction.

(2) On an application under this section, the Minister, after consultation with the Utility Minister, may direct the Freeway Corporation to carry out or complete the works required by the relevant direction under section 165.

(3) Without limiting subsection (2), a direction under this section may specify a period within which the works must be performed even if this is a different period from any period provided for in the approved Utility agreement or determination or the relevant direction under section 165.

(4) If the Freeway Corporation complies under a direction under this section with a requirement imposed on a Utility or any other person, the Utility or other person is not required to comply with that requirement.

167 Requirements for directions

(1) A direction under section 165 or 166 must be in writing.

(2) A direction must not cause unreasonable delay or add unreasonable cost to the Project.

(3) Subject to this section, a direction must not be inconsistent with this Act or the Agreement.

168 Direction to prevail over requirement to consent

(1) A direction under section 165 or 166 prevails over any provision of any other Act or law that requires the Utility to consent to the carrying out of the work that is subject to the direction.

(2) If a direction provides for compliance with a standard in relation to a matter, that standard applies in relation to that matter despite anything to the contrary in any other Act or law.

Division 6—Unnotified Utility infrastructure

169 Duties of Freeway Corporation

If the Freeway Corporation discovers unnotified Utility infrastructure in the course of carrying out Project construction work, the Freeway Corporation must—

(a) take all reasonable steps to identify the Utility that owns or operates that Utility infrastructure; and

(b) give notice of the Utility infrastructure to—

(i) the Authority; and

(ii) the relevant Utility Minister.

170 Freeway Corporation to give notice

(1) If the Freeway Corporation has identified the Utility that owns or operates unnotified Utility infrastructure, the Freeway Corporation must give the Utility notice of the Project construction work in accordance with this section.

(2) The notice must—

(a) be in writing; and

(b) request the Utility to advise the Freeway Corporation within 24 hours as to whether the Utility infrastructure is still operational or, if it is not operational, whether it is redundant; and

(c) request the Utility within 24 hours—

(i) to agree to authorise the Freeway Corporation to remove the Utility infrastructure, if it is redundant; or

(ii) to agree to the relocation of the Utility infrastructure; or

(iii) to request the Freeway Corporation to preserve the Utility infrastructure and agree to pay any costs incurred by the Freeway Corporation as a result of any delay caused by preserving that infrastructure.

171 Utility agreement may be entered into

The Freeway Corporation and the Utility may enter into an agreement under Division 4 with respect to any matter referred to in section 170(2)(c).

172 Notice to Minister if Utility cannot be found or fails to respond

The Freeway Corporation may notify the Minister and the Authority if—

(a) a Utility fails to comply with a request under section 170 within 24 hours after being given a notice under that section; or

(b) the Freeway Corporation is unable to identify the Utility that owns or operates unnotified Utility infrastructure within 24 hours after the discovery of the infrastructure.

173 Minister may direct Utility to carry out works

(1) The Minister, after consultation with the Utility Minister, may direct a Utility that is given notice under section 170 to carry out works in the Extended Project area.

(2) The Minister must give a direction under subsection (1) if it is necessary to give effect to the Agreement.

(3) This section does not apply to the carrying out of works if an approved Utility agreement exists in respect of those works.

(4) A direction under this section may specify—

(a) the manner in which and the standard to which the direction must be complied with; and

(b) the period (being not less than 28 days) within which the direction must be complied with.

(5) If a direction under this section provides for compliance with a standard in relation to a matter that standard is to apply in relation to that matter despite anything to the contrary in any other Act or law.

174 Direction to Freeway Corporation after notice to Minister

(1) The Minister, after consultation with the Utility Minister, may give a direction under this section if—

(a) the Freeway Corporation has given the Minister notice under section 172; and

(b) the Minister considers that a delay in relocating or reinstating the Utility infrastructure—

(i) would be contrary to the public interest; or

(ii) would, in all the circumstances, be unreasonable.

(2) A direction under subsection (1)—

(a) may direct the Freeway Corporation to relocate, rectify or otherwise deal with the Utility infrastructure; and

(b) may direct the Freeway Corporation to comply with specified standards (including safety, operational and accreditation standards) that are to apply to the relocation or rectification of the Utility infrastructure; and

(c) may direct the Freeway Corporation to comply with any safety or technical requirements imposed by law in respect of the carrying out of the required works (including any requirements imposed on the Utility or any other person specified in the direction in respect of those works) that are not inconsistent with the Agreement; and

(d) must direct the Freeway Corporation to take reasonable care and take all reasonable steps to minimise damage to the Utility infrastructure and disruption to the infrastructure services.

(3) If a direction directs the Freeway Corporation, under subsection (2)(b), to comply with specified standards in relation to a matter, those standards are to apply in relation to that matter despite anything to the contrary in any other Act or law.

175 Direction to Freeway Corporation after application to Minister

(1) The Freeway Corporation may apply to the Minister for a direction under this section if—

(a) a Utility has not completed the works required by a direction under section 173 within the period specified in the direction; or

(b) the Freeway Corporation believes on reasonable grounds that the works required by a direction under section 173 will not be completed within the period specified in the direction.

(2) On an application under this section, the Minister, after consultation with the Utility Minister, may direct the Freeway Corporation to carry out or complete the works required by the relevant direction under section 173.

(3) Without limiting subsection (2), a direction under this section may specify a period within which the works must be performed even if this is a different period from any period provided for in the relevant direction under section 173.

(4) If the Freeway Corporation complies under a direction under this section with a requirement imposed on a Utility or any other person, the Utility or other person is not required to comply with that requirement.

176 Requirements for directions

(1) A direction under section 173, 174 or 175 must be in writing.

(2) The Minister must ensure that a direction under section 173, 174 or 175 does not cause unreasonable delay or add unreasonable cost to the Project.

(3) Subject to this section, a direction under section 173, 174 or 175 must not be inconsistent with this Act or the Agreement.

177 Direction to prevail over requirement to consent

A direction under section 174 or 175 prevails over any provision of any other Act that requires the Utility to consent to the carrying out of the work that is subject to the direction.

Division 7—Liability for costs

178 Freeway Corporation to be liable for certain relocation and rectification costs

Subject to this Division, the Freeway Corporation is liable to pay the fair and reasonable costs of relocating or rectifying any Utility infrastructure that is affected by the Project construction work.

179 Standard to apply to relocation or rectification

(1) For the purposes of section 178, the standard applied to the relocation or rectification must result in the Utility infrastructure having the same or a similar technical capability and having at least the same remaining life as it had before it was affected.

(2) If new Utility infrastructure is required to meet the standard referred to in subsection (1), the Freeway Corporation is liable for the cost of that new infrastructure.

180 Liability for costs of disruption of infrastructure services

(1) The Freeway Corporation is liable for the costs incurred by a Utility as a direct result of any disruption of the infrastructure services provided by the Utility caused by the carrying out of Project construction work.

(2) For the purposes of subsection (1), the costs may include any of the following—

(a) an amount imposed on the Utility under a contract for failing to provide the infrastructure service;

(b) liquidated damages for breach of a contract with a third party;

(c) loss of revenue.

(3) Except as provided in subsection (2)(b), the Freeway Corporation is not liable under subsection (1) for loss or damage arising from breach of contract with a third party.

(4) The Freeway Corporation is liable for costs under this section on the basis that the Utility makes all reasonable efforts to mitigate its loss.

(5) If the Utility does not make all reasonable efforts to mitigate its loss, the Freeway Corporation is only liable for the costs that would have been incurred if the Utility had made all reasonable efforts to mitigate its loss.

181 Utility liable for differential if it requests upgrade

If a Utility requests that a higher standard than the standard required by section 179 should apply to the relocation or rectification of Utility infrastructure, the Utility is liable to pay the difference in cost between the lower and higher standard.

182 Utility liable for delay costs

(1) If the failure of a Utility to notify the Freeway Corporation of Utility infrastructure caused the Freeway Corporation to incur costs as a result of a delay in carrying out Project construction work, the Utility is liable to pay those costs to the Freeway Corporation.

(2) A Utility is liable for costs under this section on the basis that the Freeway Corporation makes all reasonable efforts to mitigate its loss.

(3) If the Freeway Corporation does not make all reasonable efforts to mitigate its loss, the Utility is only liable for the costs that would have been incurred if the Freeway Corporation had made all reasonable efforts to mitigate its loss.

183 Limitation of liability

Except as provided in this Part, the Freeway Corporation is not liable to pay damages or other compensation to the Utility or any other person as a result of any effect of the Project on—

(a) the Utility infrastructure of the Utility; or

(b) the provision of infrastructure services by the Utility using Utility infrastructure.

184 Dispute as to cost of relocation or rectification

(1) If a dispute arises between the Freeway Corporation and a Utility as to the cost of relocation or rectification of Utility infrastructure, the Freeway Corporation or the Utility may refer the matter to the Minister and the Utility Minister for determination under Division 8.

(2) The person referring the matter for determination must notify the Authority of that referral.

185 Certification of work

(1) On completion by the Freeway Corporation of any work of relocation or rectification of Utility infrastructure under Division 6, the Utility must assess the work and—

(a) if it is satisfied that the work is satisfactory and complete, certify that fact to the Freeway Corporation; or

(b) if it is not satisfied that the work is satisfactory or complete, notify the Freeway Corporation that more work is required.

(2) The notice under subsection (1)(b) must specify as clearly as possible the work that is required.

(3) If the Utility does not give a certificate or notice under subsection (1) within 14 days after the Freeway Corporation notifies it of the completion of the work, the Utility is deemed to be satisfied with the work.

(4) If the Utility gives a notice under subsection (1)(b), the Freeway Corporation must complete the further work required in the notice within the period of 30 days after receipt of the notice or any longer period specified in the notice.

(5) This section does not apply if the Freeway Corporation is unable to identify the Utility that owns or operates the Utility infrastructure.

186 Referral of matters by Utilities to Ministers for determination

The Utility may refer the matter to the Minister and the Utility Minister for determination under Division 8 if the Freeway Corporation does not complete the further work to the Utility's satisfaction within the specified time under section 185.

187 Referral of matters by Freeway Corporation to Ministers for determination

The Freeway Corporation may refer the matter to the Minister and the Utility Minister for determination under Division 8 if the Utility refuses to certify the work on the completion of the further work under section 185 or unreasonably delays giving that certification.

188 Freeway Corporation no longer liable if work satisfactory

The Freeway Corporation ceases to be liable to carry out any further work in respect of a specific work of relocation or rectification if—

(a) a certificate is given under section 185 in respect of the work; or

(b) the work is deemed under that section to be satisfactory; or

(c) the work is determined under Division 8 to be satisfactory.

Division 8—Dispute resolution

189 Who can determine matters referred to the Ministers?

On the referral of a matter to them under this Part, the Minister and the Utility Minister must—

(a) determine the matter; or

(b) appoint a person to determine the matter.

190 What must be considered in determining a matter?

In determining a matter, the decision-maker—

(a) must have regard to—

(i) any submission (whether written or oral) of the Freeway Corporation or the Utility; and

(ii) in the case of a matter referred under section 164, the public interest in minimising the disruption of the services provided by the Utility; and

(b) may have regard to any other information or material that the decision-maker thinks fit.

191 Requirements for determinations

(1) A determination under this Division must be in writing.

(2) The decision-maker must ensure that the determination does not cause unreasonable delay or add unreasonable cost to the Project.

(3) Subject to this section, a determination must not be inconsistent with this Act or the Agreement.

192 Determination to prevail over inconsistent laws

If there is any inconsistency between a determination under this Division and any other Act or law, the determination prevails to the extent of the inconsistency.

Division 9—No review of determination or direction

193 No appeal or review

(1) In this section decision means—

(a) an approval under section 157; or

(b) a direction made or purporting to be made under section 165, 166, 173, 174 or 175; or

(c) a determination made or purporting to be made under Division 8.

(2) Subject to subsection (5), a decision is final and binding on the Freeway Corporation and the Utility.

(3) Subject to subsection (5), no appeal may be made to a court in respect of the decision.

(4) Subject to subsection (5), no proceedings—

(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; or

(b) seeking any order under the Administrative Law Act 1978—

(whether on the ground of absence of jurisdiction or any other ground) may be brought against any decision-maker in respect of a decision or any proceedings relating to that decision or any other act, matter or thing incidental to the making of that decision.

(5) Nothing in this section prevents the Freeway Corporation from challenging the validity of a decision if the Freeway Corporation believes that compliance with the decision would place it in breach of the Agreement.

Part 9—Tolls

Division 1—Right to toll

194 Freeway Corporation may fix, charge and collect tolls and toll administration fees

The Freeway Corporation may fix, charge and collect tolls for the use of a vehicle in a toll zone and toll administration fees but may do so only in accordance with this Act and the Agreement.

195 Fixing of tolls and toll administration fees

(1) The Freeway Corporation in accordance with this Act and the Agreement by notice published in the Government Gazette—

S. 195(1)(a) amended by No. 95/2005 s. 4(4)(b).

(a) may specify toll zones on EastLink; and

(b) may fix tolls that are payable in respect of the use of vehicles in toll zones; and

(c) may fix toll administration fees that are payable to the Freeway Corporation and specify the circumstances in which they are payable.

(2) A notice under subsection (1) may specify different tolls in respect of different cases or classes of case including different zones or groups of zones, different classes of vehicle and the use of different vehicles at different times, or any combination of these.

S. 195(2A) inserted by No. 14/2005 s. 19, amended by No. 49/2019 s. 186(Sch. 4 item 15.11).

(2A) In addition to any other fees fixed under subsection (1)(c), a notice under subsection (1) may, without specifying an amount, permit the Freeway Corporation to recover, as toll administration fees in respect of a vehicle, any fees from time to time charged by the Transport Secretary to the Freeway Corporation under the Road Safety Act 1986 for the provision of information about the ownership of the vehicle.

(3) A notice under subsection (1) takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the notice, on that day.

S. 195(4) amended by No. 95/2005 s. 4(4)(b).

(4) A day fixed under subsection (3) in relation to EastLink or part of EastLink must be on or after the day fixed under section 196 for the commencement of tolling on EastLink or that part of EastLink.

(5) In any proceedings under this Part, the production of a Government Gazette purporting to contain a notice under subsection (1) is evidence of the valid publication of the notice and of the fixing of the toll or toll administration fee in accordance with this Act and the Agreement.

196 Commencement of tolling

S. 196(1) amended by No. 95/2005 s. 4(4)(b).

(1) The Governor in Council, by Order published in the Government Gazette, may fix a day for the commencement of tolling on EastLink or part of EastLink.

(2) A day fixed under subsection (1) must be determined in accordance with this Act and the Agreement.

Division 2—Charge and collection of tolls

S. 197AA inserted by No. 74/2007 s. 40.

197AA Authorisation of authorised persons

The Freeway Corporation may, in writing, authorise a person to carry out functions under this Part.

197 Liability to pay toll charged

(1) Subject to this Part, a person who is the driver of a vehicle used in a toll zone is liable to pay to the Freeway Corporation—

(a) the toll charged by the Freeway Corporation for that use; and

S. 197(1)(b) amended by No. 14/2005 s. 20.

(b) the relevant toll administration fees charged by the Freeway Corporation.

S. 197(2) amended by Nos 14/2005 s. 20, 74/2007 s. 41, 8/2019 s. 93.

(2) Subject to section 199, the operator of the vehicle, or in the case of a vehicle that is attached to a trailer and the operator of the vehicle cannot be identified by a tolling device, the operator of the trailer, is liable for the payment of the toll and toll administration fees as if that person were the driver of the vehicle at the time the vehicle was driven in the toll zone.

S. 197(3) amended by No. 74/2007 s. 41.

(3) Subsection (2) does not affect the liability of the driver of a vehicle to pay a toll or toll administration fee, but if the toll or toll administration fee is paid to the Freeway Corporation, no further action may be taken by the Freeway Corporation to recover that toll or toll administration fee from the driver, operator or any other person.

S. 198 (Heading) amended by No. 14/2005 s. 21(1).