Major Transport Projects Facilitation Act 2009

Schedule 1—Applicable laws and applicable approvals 273

Endnotes 276

1 General information 276

2 Table of Amendments 278

3 Explanatory details 283

Version No. 041

Major Transport Projects Facilitation Act 2009

No. 56 of 2009

Version incorporating amendments as at

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purpose

The purpose of this Act is to facilitate the development of major transport projects.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 July 2010, it comes into operation on that day.

3 Definitions

In this Act—

applicable approval means an approval, authorisation, consent, determination, decision (however described), licence or permit under an applicable law that is specified in column 2 of the Table in Schedule 1;

applicable law means an Act specified in column 1 of the Table in Schedule 1;

S. 3 def. of applicable law criteria inserted by No. 49/2013 s. 4(1)(a).

applicable law criteria means matters, things, criteria, factors, circumstances, principles, purposes or objects specified in an applicable law that may or must (as the case requires) be applied or complied with, had regard to or taken into account by an applicable law decision maker when making a decision whether to grant an applicable approval under that law;

applicable law decision means a decision (however described) under an applicable law granting an applicable approval;

applicable law decision maker means a person or body who, under an applicable law, grants an applicable approval under that law;

application fee has the meaning given by section 4;

approval decision means a decision of the Planning Minister under section 77;

S. 3 def. of approved project amended by No. 48/2024 s. 3(a).

approved project means a declared project, or part of a declared project, in respect of which a project area has been designated under Part 4;

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

assessment committee means an assessment committee established under Part 8;

assessment committee recommendation means a recommendation under section 73;

S. 3 def. of associated works inserted by No. 49/2013 s. 4(1)(a).

associated works means works or activities that have been declared to be associated works under section 15B;

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 def. of Central Plan Office amended by No. 70/2013 s. 4(Sch. 2 item 28), repealed by No. 53/2017 s. 83.

comprehensive impact statement means a statement prepared under Division 5 of Part 3 and includes such a statement revised under that Division;

comprehensive impact statement assessment process means the process and requirements set out in Division 5 of Part 3;

comprehensive impact statement determination, in relation to a declared project, means a determination under section 20(1) requiring the preparation of a comprehensive impact statement for that project;

S. 3 def. of compre-hensive impact statement issues report repealed by No. 49/2013 s. 4(1)(b).

construct includes reconstruct or make structural changes;

S. 3 def. of coordinating road authority inserted by No. 43/2021 s. 133(1)(a).

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

S. 3 def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 67.1).

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

Crown land includes a stratum of Crown land;

cultural heritage management plan has the same meaning as in the Aboriginal Heritage Act 2006;

declared project means a transport project declared under section 10 to be a declared project;

S. 3 def. of Department amended by No. 49/2013 s. 4(1)(c), substituted by Nos 49/2019 s. 186(Sch. 4 item 26.1(a)), 48/2024 s. 39.

Department has the same meaning as in section 3 of the Transport Integration Act 2010;

development, in relation to a declared project, includes—

(a) the construction of a facility or infrastructure; and

(b) the construction or exterior alteration or exterior decoration of a building; and

(c) the demolition or removal of a building or works; and

(d) the construction or carrying out of works; and

(e) the subdivision or consolidation of land, including buildings or airspace; and

(f) the placing or relocation of a building or works on land; and

(g) the construction or putting up for display of signs or hoardings;

S. 3 def. of development licence inserted by No. 39/2018 s. 41(4).

development licence has the same meaning as in the Environment Protection Act 2017;

S. 3 def. of Director
of Public Transport substituted by No. 6/2010 s. 203(1)
(Sch. 6 item 30(a)) (as amended by No. 45/2010 s. 22), repealed by No. 61/2011 s. 25(Sch. 1 item 5.1(a)).

S. 3 def. of discretionary applicable law criteria repealed by No. 49/2013 s. 4(1)(b).

enactment means an Act or a regulation under an Act;

S. 3 def. of Environment Protection Authority or EPA amended by No. 39/2018 s. 41(1).

Environment Protection Authority or EPA means the Authority within the meaning of the Environment Protection Act 2017;

formal public hearing means a hearing conducted by an assessment committee under Subdivision 7 of Division 5 of Part 3;

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

further option means a further option in relation to a declared project referred to in section 69;

S. 3 def. of grant amended by No. 49/2013 s. 4(1)(d).

grant, in relation to an applicable approval, includes, as the case requires, prepare, adopt, give, make, issue or provide;

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

impact means a reasonably foreseeable, direct or indirect impact arising from—

(a) the development of an approved project; or

(b) the use of transport or non-transport infrastructure established by the approved project; or

(c) the decommissioning of the transport or non-transport infrastructure established by the approved project;

impact assessment guidelines means guidelines prepared under section 17;

impact management plan means a plan prepared under Division 4 of Part 3;

impact management plan assessment process means the process and requirements set out in Division 4 of Part 3;

impact management plan determination, in relation to a declared project, means a determination under section 20(1) requiring the preparation of an impact management plan for that project;

infrastructure manager has the same meaning as in the Road Management Act 2004;

S. 3 def. of interest inserted by No. 43/2021 s. 133(1)(a).

interest, in relation to land, means—

(a) a legal or equitable estate or interest in land; or

(b) an easement, right, charge, power or privilege in, under, over, affecting or in connection with land;

S. 3 def. of land substituted by No. 43/2021 s. 133(1)(b).

land includes—

(a) buildings and other structures permanently fixed to land; and

(b) land covered with water; and

(c) any interest in land; and

(d) a stratum of land;

lease, in Division 7 of Part 6, means a lease granted under section 177;

leased land means land that is the subject of a lease granted under section 177;

lessee means a person who is, for the time being, the lessee under a lease granted under section 177;

licence in Division 7 of Part 6, means a licence issued under section 173;

licensed land means land that is subject to a licence issued under section 173;

licensee means a person who is, for the time being, the holder of a licence issued under section 173;

S. 3 def. of mandatory applicable law criteria repealed by No. 49/2013 s. 4(1)(b).

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

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

S. 3 def. of navigation aid amended by No. 65/2010 s. 420(Sch. 3 item 11(a)).

navigation aid has the same meaning as in the Marine Safety Act 2010;

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

S. 3 def. of non-road infrastructure inserted by No. 43/2021 s. 133(1)(a).

non-road infrastructure has the same meaning as in the Road Management Act 2004;

S. 3 def. of non-transport infrastructure substituted by Nos 43/2021 s. 133(1)(c), 48/2024 s. 3(b).

non-transport infrastructure has the meaning given by section 4AA;

notice of acquisition means a notice of acquisition within the meaning of the Land Acquisition and Compensation Act 1986;

Planning Minister means the Minister administering the Planning and Environment Act 1987;

S. 3 def. of planning permit inserted by No. 43/2021 s. 133(1)(a).

planning permit means a permit issued under the Planning and Environment Act 1987;

S. 3 def. of planning scheme inserted by No. 43/2021 s. 133(1)(a).

planning scheme means a planning scheme under the Planning and Environment Act 1987;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 105.1).

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

port—

(a) means a facility at which goods can be loaded and unloaded, or persons can board and disembark, from a vessel; and

(b) includes channels, navigation aids and other infrastructure and equipment that is necessary to enable the safe movement of vessels to and from a facility referred to in paragraph (a);

preliminary hearing means a preliminary hearing conducted under section 57;

S. 3 def. of preliminary risk report inserted by No. 49/2013 s. 4(1)(a).

preliminary risk report, in relation to a project proposal, means a document that identifies and categorises the various risks associated with a declared project and identifies matters that require further investigation in a comprehensive impact statement;

project area, for a declared project or an approved project, means the area of land designated by Order under section 95, as varied by Order under section 96 or consolidated by Order under section 97;

project authority, for a declared project or an approved project, means—

(a) the project proponent; or

(b) if the Project Minister appoints an entity under section 6, that entity;

project contractor means a person designated under section 7;

project declaration means a declaration made under section 10;

project declaration guidelines means guidelines prepared under section 13;

project function, for a project authority, means a function or power specified under section 101 or 102;

S. 3 def. of project land amended by Nos 49/2013 s. 4(2), 43/2021 s. 133(2).

project land, for an approved project, means—

(a) land that is acquired by, or vested in, the project authority or the Crown under Part 6, including land that is surrendered or divested under that Part and underground land; or

(ab) land granted to the project authority on behalf of the Crown under Part 6 for the purposes of the approved project; or

(b) land acquired by a project authority for the project for the purposes of the approved project before that project became an approved project; or

(c) land that is taken under Part 6 to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the approved project; or

(d) Crown land previously reserved for the purposes of the approved project that has become unreserved Crown land under section 141 and has not been granted to the project authority under section 142B;

S. 3 def. of Project Minister amended by No. 48/2024 s. 3(c).

Project Minister means a Minister appointed under section 14(1)(a);

S. 3 def. of project proponent amended by No. 48/2024 s. 3(d).

project proponent, for a declared project, means the entity appointed under section 14(1)(b), (2) or (3);

S. 3 def. of project proposal substituted by No. 49/2013 s. 4(1)(e).

project proposal means a document that contains—

(a) a description of the declared project and any associated works; and

(b) a preliminary risk report;

project proposal guidelines means guidelines prepared under section 16;

properly made submission means a submission or an amendment to a submission that complies with section 52(3);

S. 3 def. of protection agency inserted by No. 49/2013 s. 4(1)(a), repealed by No. 39/2018 s. 41(2).

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

public exhibition period, for a comprehensive impact statement, means the period determined by the Planning Minister under section 45 for that statement;

public land means—

(a) Crown land; or

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

public sector body has the same meaning as in the Public Administration Act 2004;

S. 3 def. of Public Transport Development Authority inserted by No. 61/2011 s. 25(Sch. 1 item 5.1(b)), repealed by No. 49/2019 s. 186(Sch. 4 item 26.1(b)).

publication fee guidelines means the guidelines prepared under section 18;

S. 3 def. of
rail infrastructure amended by No. 93/2009 s. 43(1), substituted by Nos 22/2013 s. 60(a), 41/2019 s. 117(Sch. 1 item 8.1).

rail infrastructure has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

S. 3 def. of realign inserted by No. 48/2024 s. 18.

realign, in relation to a road, includes narrowing or widening of the road;

registered Aboriginal party has the same meaning as in the Aboriginal Heritage Act 2006;

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

restricted access area means an area established under section 196;

review determination means a determination under section 42;

revised comprehensive impact statement means a comprehensive impact statement revised in accordance with section 61;

S. 3 def. of road amended by No. 43/2021 s. 133(1)(d).

road has the same meaning as in the Road Management Act 2004 and includes part of such a road;

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

S. 3 def. of road function amended by No. 43/2021 s. 133(1)(e).

road function means a project function conferred on a project authority relating to Subdivision 1 or 3 of Division 8 of Part 6;

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

S. 3 def. of rolling stock substituted by Nos 22/2013 s. 60(b), 41/2019 s. 117(Sch. 1 item 8.2).

rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

scoping directions means directions prepared by the Planning Minister under section 22 or 30;

Secretary means Secretary to the Department;

S. 3 def. of State environment protection policy repealed by No. 39/2018 s. 41(2).

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;

supplementary assessment has the meaning given by section 69(1)(b);

surplus land means land determined under section 180 to be surplus land;

S. 3 def. of transport body inserted by No. 43/2021 s. 133(1)(a).

transport body has the same meaning as in the Transport Integration Act 2010;

transport infrastructure means any of the following—

(a) road infrastructure;

(b) rail infrastructure;

(c) infrastructure that can be used for the movement of persons or goods;

(d) a port;

(e) a facility at which—

(i) goods can be loaded or unloaded from rolling stock; and

(ii) goods can be loaded or unloaded from heavy vehicles; and

(iii) goods referred to in subparagraphs (i) and (ii) can be temporarily stored;

S. 3 def. of transport project amended by No. 48/2024 s. 3(e).

transport project means a project, or a program of works or projects, for the development of—

(a) transport infrastructure; or

(b) transport infrastructure together with non-transport infrastructure;

S. 3 def. of underground land inserted by No. 43/2021 s. 133(1)(a).

underground land—see section 162(1);

S. 3 def. of utilities interface function, power or duty inserted by No. 48/2024 s. 13.

utilities interface function, power or duty means a function or power conferred, or duty imposed, on a project authority under Division 5 of Part 7;

utility means an entity (whether publicly or privately owned) that provides, or intends to provide, water, sewerage, drainage, gas, electricity or other like services under the authority of an Act of Victoria;

utility infrastructure means any part of the supply, distribution or reticulation network owned, operated or controlled by a utility, including poles, pipes, cables, wires, conduits and tunnels;

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

S. 3 def. of vessel amended by No. 65/2010 s. 420(Sch. 3 item 11(b)).

vessel has the same meaning as in the Marine Safety Act 2010;

S. 3 def. of VicRoads substituted by No. 6/2010 s. 203(1)
(Sch. 6 item 30(b)) (as amended by No. 45/2010 s. 22), repealed by No. 49/2019 s. 186(Sch. 4 item 26.1(c)).

S. 3 def. of waste management policy repealed by No. 39/2018 s. 41(2).

S. 3 def. of works amended by No. 39/2018 s. 41(3).

works includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil.

S. 3 def. of works approval repealed by No. 39/2018 s. 41(2).

S. 3A inserted by No. 6/2010 s. 25(5)(Sch. 2 item 7) (as amended by No. 45/2010 s. 6).

3A Transport Integration Act 2010

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

4 Meaning of *application fee*

For the purpose of this Act, an application fee is—

(a) if the regulations prescribe an application fee, that fee;

S. 4(b) amended by No. 39/2018 s. 41(5).

(b) if the regulations do not prescribe an application fee, the sum of every fee that would otherwise be payable in or as part of an application for an applicable approval, or on the granting of an applicable approval (as the case requires) by or under an applicable law that is referred to in an impact management plan or comprehensive impact statement (other than the fee payable for an application for the issue of a development licence).

S. 4AA inserted by No. 48/2024 s. 4.

4AA Meaning of *non-transport infrastructure*

(1) For the purposes of this Act, non-transport infrastructure means any infrastructure that is not transport infrastructure and that, when constructed, is—

(a) in, on, over, part of, or related or connected to, transport infrastructure; or

(b) adjacent to, or in proximity to, transport infrastructure; or

(c) ancillary to, or required in connection with, other non-transport infrastructure that satisfies the requirements in paragraph (a) or (b).

(2) For the purposes of subsection (1), infrastructure includes the following—

(a) civic infrastructure and public places, including open spaces, parks and gardens;

(b) commercial, residential and industrial buildings;

(c) drainage, waterways and earthworks;

(d) utility infrastructure;

(e) any other facility, building, fixture, fitting or permanent structure;

(f) any other thing that is prescribed to be infrastructure for the purposes of this definition.

S. 4A inserted by No. 43/2021 s. 134.

4A References to reserved Crown land

In this Act, a reference to reserved Crown land or to land reserved under the Crown Land (Reserves) Act 1978 includes a reference to land that is taken to be reserved under that Act by or under this or any other Act.

S. 5 substituted by No. 49/2013 s. 5.

5 Objects

The objects of this Act are—

(a) to create public value through improvements to the efficiency, integration and sustainability of Victoria's transport system; and

(b) to streamline the development of major transport projects that are of economic, social or environmental significance to the State or a region of the State by providing for a single approval for major transport projects, through a process for the assessment of the project—

(i) that has regard to Victoria's environmental, planning and other legislative standards (including risk-based assessment where appropriate); and

(ii) that maintains opportunities for public consultation; and

(c) to improve productivity and timeliness in the assessment and delivery of major transport projects.

6 Project Minister may appoint entity to be the project authority for an approved project

The Project Minister, by notice published in the Government Gazette, may, for an approved project, appoint as the project authority an entity who is not the project proponent of that project.

S. 7 amended by Nos 49/2013 s. 6, 43/2021 s. 135.

7 Designation of project contractor

The Project Minister, by notice published on the Department's Internet site, may designate a person with whom the State or a project authority (or both) have entered into an agreement for the development of the whole or part of an approved project on behalf of the State or project authority (or both) as a project contractor.

8 Application of Crown Land (Reserves) Act 1978

For the purposes of this Act, the Crown Land (Reserves) Act 1978 is to be taken to have effect as if, in that Act, the terms "land" and "Crown land" have the same meaning as in this Act.

9 Act to bind the Crown

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

Part 2—Major transport project declarations

10 Declaration of a transport project

S. 10(1) amended by No. 49/2013 s. 7(1)(a).

(1) The Premier may declare a transport project to be a declared project—

(a) to which this Act applies; or

S. 10(1)(b) amended by Nos 93/2009 s. 43(2), 49/2013 s. 7(1)(b).

(b) to which this Act (other than Parts 3 and 8) applies.

S. 10(1A) inserted by No. 48/2024 s. 5(1).

(1A) Subsection (1)(a) does not apply to a transport project that is a program of works or projects.

S. 10(2) amended by No. 49/2013 s. 7(2).

(2) A declaration under subsection (1) must be published in the Government Gazette and on an Internet site maintained by the Department of Premier and Cabinet.

S. 10(2A) inserted by No. 48/2024 s. 5(2).

(2A) A declaration under subsection (1)(b) for a transport project that is a program of works or projects must specify the works or projects that constitute the program of works or projects.

(3) A declaration under subsection (1) takes effect—

(a) on the day the declaration is published in the Government Gazette; or

(b) if the declaration specifies a later day, on that day.

S. 11 repealed by No. 49/2013 s. 8.

S. 12 (Heading) amended by No. 49/2013 s. 9(1).

12 Assessment of transport project before declaration

S. 12(1) amended by No. 49/2013 s. 9(2).

(1) The Premier must not make a declaration under section 10 unless the Premier has assessed the transport project as a project that is of economic, social or environmental significance to—

(a) the State; or

(b) a region of the State.

S. 12(1A) inserted by No. 48/2024 s. 6.

(1A) In addition, for the declaration of a transport project that is a program of works or projects under section 10(1)(b), the Premier must be satisfied that—

(a) the works or projects that constitute the program of works or projects are sufficiently connected to each other to justify the program being designated as a single declared project; and

(b) the majority of the works or projects within the program contain works that are not, or will not be, minor or routine.

(2) In making an assessment under subsection (1), the Premier must have regard to the project declaration guidelines.

13 Project declaration guidelines

(1) The Premier must prepare guidelines for the assessment of transport projects as to whether such projects are of economic, social or environmental significance to—

(a) the State; or

(b) a region of the State.

(2) Project declaration guidelines must be published in the Government Gazette.

(3) Project declaration guidelines take effect—

(a) on the day they are published in the Government Gazette; or

S. 14 substituted by No. 48/2024 s. 7.

14 Appointment of Project Minister and project proponent

(1) The Premier, by notice published in the Government Gazette—

(a) must appoint a Minister to be the Project Minister for a declared project; and

(b) may, after consulting with the Minister who is to be appointed the Project Minister for the declared project, appoint the public authority that will be the project proponent for that declared project.

(2) If a project proponent has not been appointed under subsection (1)(b), the Project Minister, by notice published in the Government Gazette, must appoint the public authority that will be the project proponent for that declared project.

(3) Subject to subsection (4), the Project Minister, by notice published in the Government Gazette, may replace a public authority appointed as the project proponent with another public authority.

(4) The Project Minister must consult with the Premier before replacing a public authority appointed by the Premier.

S. 15 repealed by No. 48/2024 s. 7.

S. 15A inserted by No. 49/2013 s. 10.

15A Delegation by Project Minister

(1) Subject to this section, the Project Minister, by instrument, may delegate to any person any power, duty or function of the Project Minister under this Act other than—

(a) this power of delegation;

(b) the power to direct or control a project authority under section 109;

S. 15A(1)(c) amended by No. 48/2024 s. 37(a).

(c) the power to make a determination under section 180.

S. 15A(1)(d) repealed by No. 48/2024 s. 37(b).

S. 15A(2) amended by No. 48/2024 s. 8.

(2) A delegation under subsection (1) may be in relation to a specified declared project or part of a declared project and may be—

(a) in relation to a person or class of persons specified in the instrument of delegation; or

(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.

S. 15AB inserted by No. 48/2024 s. 9.

15AB Premier may add scope to development of declared project

(1) The Premier, by notice and on the recommendation of the Project Minister, may add scope to the development of a declared project to which this Act (other than Parts 3 and 8) applies.

(2) The Premier may add scope to the development of a declared project under subsection (1) if—

(a) the project area has not yet been designated for—

(i) the declared project; or

(ii) the part of the declared project to which the additional scope for the development of the declared project relates; and

(b) the Premier is satisfied that the additional scope for the development of the declared project has a sufficient connection with the declared project.

(3) A notice under subsection (1) must be published in the Government Gazette and on an Internet site maintained by the Department of Premier and Cabinet.

(4) If a declared project is a program of works or projects, additional projects cannot be added to the declared project under subsection (1).

S. 15B inserted by No. 49/2013 s. 10.

15B Planning Minister may declare associated works

(1) The Planning Minister may declare certain works or activities to be associated works if the Planning Minister is satisfied that the works or activities—

(a) form part of, or are associated with, a declared project; and

(b) are not the subject of an approval decision under section 77.

(2) A declaration under this section must be published in the Government Gazette.

Part 3—Assessment and approval of major transport projects

Division 1—Guidelines for this Part

16 Project proposal guidelines

(1) The Planning Minister must prepare guidelines in relation to the form and content of a project proposal.

(2) The Planning Minister must publish project proposal guidelines on the Department's Internet site as soon as practicable after the Minister prepares the guidelines.

S. 16(3) repealed by No. 49/2013 s. 11(1).

(4) Project proposal guidelines take effect—

S. 16(4)(a) substituted by No. 49/2013 s. 11(2).

(a) on the day after the day the guidelines are published on the Department's Internet site; or

17 Impact assessment guidelines

(1) The Planning Minister may prepare guidelines relating to—

(a) the assessment of impacts of a declared project; and

(b) the form and content of a comprehensive impact statement or impact management plan for a declared project; and

(c) the form and content of public notices required under this Part.

(2) The Planning Minister must publish impact assessment guidelines on the Department's Internet site as soon as practicable after the Minister prepares the guidelines.

(3) Notice of the preparation of impact assessment guidelines must be published in the Government Gazette as soon as practicable after the Planning Minister prepares the guidelines.

(4) Impact assessment guidelines take effect—

(a) on the day notice of their preparation is published in the Government Gazette; or

18 Publication fee guidelines

(1) The Planning Minister may prepare guidelines relating to the fee to be paid by a person for a copy of a comprehensive impact statement under section 49.

(2) Guidelines prepared under subsection (1) may provide for a methodology for determining an appropriate fee.

(3) The Planning Minister must publish publication fee guidelines on the Department's Internet site as soon as practicable after the Minister prepares the guidelines.

S. 18(4) repealed by No. 49/2013 s. 12(1).

(5) Publication fee guidelines take effect—

S. 18(5)(a) substituted by No. 49/2013 s. 12(2).

(a) on the day after the day the guidelines are published on the Department's Internet site; or

Division 2—Project proposals

19 Preparation of project proposal

(1) A project proponent for a declared project must prepare a project proposal for that project.

(2) A project proposal must be prepared in accordance with the project proposal guidelines.

(3) To avoid doubt, a project proponent for a declared project may include in a project proposal for a declared project any matter that the proponent considers relevant.

(4) On completing a project proposal for a declared project, the project proponent must give it to the Planning Minister.

Division 3—Determination of appropriate impact assessment process

20 Planning Minister must make determination as to appropriate impact assessment

(1) On receiving a project proposal from a project proponent, the Planning Minister must make a determination as to whether—

(a) the comprehensive impact statement assessment process must be complied with in relation to the declared project; or

(b) the impact management plan assessment process must be complied with in relation to the declared project.

(2) The Planning Minister must make a determination that the comprehensive impact statement assessment process must be complied with in relation to the declared project to which the project proposal relates if the Minister considers that the project proposal is inadequate for the Minister to determine whether the impact management plan assessment process must be complied with in relation to the project.

(3) The Planning Minister may make a determination requiring the project proponent to comply with the impact management plan assessment process only if the Minister is satisfied that—

(a) the land that is likely to be required for the declared project is—

(i) land owned by a public authority or is vested in the Crown; or

(ii) land owned by a person that is not a public authority but is reserved for a public purpose under a planning scheme or other law; and

(b) the development of the declared project will not require, or has been granted any of the following—

S. 20(3)(b)(i) amended by No. 39/2018 s. 41(6).

(i) an applicable approval that is a development licence;

S. 20(3)(b)(ii) amended by No. 7/2017 s. 302(1).

(ii) an applicable approval that is a permit or consent under the Heritage Act 2017;

(iii) an applicable approval that is a planning permit under the Planning and Environment Act 1987;

(iv) an applicable approval that is an amendment to a provision of a planning scheme under the Planning and Environment Act 1987.

S. 20(4) amended by No. 49/2013 s. 13.

(4) The Planning Minister must make a determination under this section within 5 business days after receiving the project proposal.

(5) A determination under this section must be given to the project proponent.

(6) Notice of the making of a determination under this section must be published in the Government Gazette as soon as practicable after the determination is made.

21 Effect of determination

(1) If the Planning Minister makes an impact management plan determination, Division 4 applies to the project proposal that relates to the declared project to which the determination applies.

(2) If the Planning Minister makes a comprehensive impact statement determination, Division 5 applies to the project proposal that relates to the declared project to which the determination applies.

Division 4—Impact management plans

Subdivision 1—Scoping directions

22 Specification of matters to be considered and addressed in impact management plan

(1) Subject to section 23, the Planning Minister must prepare directions that specify the kinds of impacts and other matters that must be considered and addressed in an impact management plan for the declared project to which an impact management plan determination relates (the scoping directions).

S. 22(1A) inserted by No. 49/2013 s. 14(1).

(1A) In addition to subsection (1), the scoping directions may include directions to the project proponent to do any one or more of the following—

(a) include a description of the preferred option for the development of the declared project and the reasons for that preference;

(b) set out variations within the preferred option in relation to the declared project, and the impacts of those variations;

(c) set out a consideration of methods to avoid, minimise, manage or offset the impacts of the declared project.

S. 22(1B) inserted by No. 49/2013 s. 14(1).

(1B) When preparing the scoping directions, the Planning Minister must have regard to the preliminary risk report that forms part of the project proposal given under section 19(4).

S. 22(1C) inserted by No. 49/2013 s. 14(1).

(1C) The scoping directions may provide, in the case of any or all specified associated works that require an applicable approval, that the application for the applicable approval must be made, assessed and approved under the relevant applicable law and not under this Act.

See section 168A.

(2) Subject to section 24, the Planning Minister must prepare, and give to the project proponent, the scoping directions within 25 business days after making an impact management plan determination.

S. 22(3) amended by No. 49/2013 s. 14(2).

(3) The scoping directions must be published on the Department's Internet site as soon as practicable after the directions are prepared.

23 Planning Minister may request further information in exceptional circumstances

(1) The Planning Minister, by written notice, given to a project proponent, may request further information from the project proponent for the purpose of preparing scoping directions for the impact management plan for the proponent's declared project.

(2) The Planning Minister may only make a request under subsection (1) before the end of the period within which the Minister must prepare the scoping directions under section 22(2).

(3) The Planning Minister may give a written notice under subsection (1) only if the Minister considers that exceptional circumstances exist such that the Minister considers it necessary to re quest that further information.

(4) A notice under subsection (1) must specify the further information that is to be provided by the project proponent.

24 Determining 25 business day period for the preparation of scoping directions

The period of time specified in section 22(2) is not to be taken to include any business day falling within a period—

(a) commencing on the day a notice is given to a project proponent under section 23; and

(b) ending on the day the Planning Minister receives the information requested in the notice.

Subdivision 2—Preparation of impact management plan

25 Project proponent must consult with specified persons as directed by Planning Minister

(1) The Planning Minister, for the purpose of the preparation of an impact management plan for a declared project, may direct the project proponent for that project to consult with a person specified in the direction.

(2) A direction under subsection (1) must be—

(a) given to the project proponent within 25 business days after the making of the impact management plan determination that relates to the declared project; and

S. 25(2)(b) amended by No. 49/2013 s. 15.

(b) published on the Department's Internet site within 25 business days after the making of the impact management plan determination that relates to the declared project.

(3) The project proponent must comply with a direction under subsection (1).

26 Project proponent must comply with this Division

A project proponent for a declared project in relation to which an impact management plan determination has been made must comply with this Division.

S. 27 amended by No. 49/2013 s. 16(a).

27 Content of impact management plans

A project proponent for a declared project must prepare an impact management plan for the project that, to the satisfaction of the Secretary—

S. 27(a) amended by No. 49/2013 s. 16(b).

(a) is substantially in accordance with the scoping directions for that plan; and

S. 27(b)–(e) repealed by No. 49/2013 s. 16(c).

S. 27(f) substituted by No. 39/2018 s. 41(7).

(f) sets out how any relevant environment reference standard within the meaning of the Environment Protection Act 2017 will be taken into account; and

S. 27(fa) inserted by No. 39/2018 s. 41(7).

(fa) sets out how any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017 will be taken into account; and

S. 27(g) amended by No. 49/2013 s. 16(d).

(g) identifies all of the applicable approvals that are likely to be required under all applicable laws in order for the declared project to be developed, including any requirements under those laws applying to the declared project when assessing the impacts of the declared project; and

(h) includes the information that would be required for the applicable law decisions to be made under all of the applicable laws that apply to the project including—

S. 27(h)(i) amended by No. 49/2013 s. 16(e).

(i) a list of the applicable law criteria; and

(ii) information as to how the proponent considers the criteria referred to in subparagraph (i) apply.

28 Impact assessment guidelines must be had regard to when preparing impact management plan

Subject to this Division, a project proponent for a declared project must have regard to any impact assessment guidelines when preparing an impact management plan for the project.

29 Completed impact management plan to be given to Planning Minister

On completing an impact management plan for a declared project, the project proponent for that project must—

(a) submit the impact management plan to the Planning Minister for an approval decision in relation to the project; and

(b) pay to the Planning Minister the application fee.

Division 5—Comprehensive impact statements

Subdivision 1—Scoping directions

30 Specification of matters to be considered and addressed in comprehensive impact statements

(1) Subject to this Subdivision, the Planning Minister must prepare directions that specify the kinds of impacts and other matters that must be considered and addressed in a comprehensive impact statement for the declared project to which a comprehensive impact statement determination relates (the scoping directions).

S. 30(1A) inserted by No. 49/2013 s. 17(1).

(1A) In addition to subsection (1), the scoping directions may include directions to the project proponent to do any one or more of the following—

(a) include a description of the preferred option for the development of the declared project and the reasons for that preference;

(b) set out variations within the preferred option in relation to the declared project, and the impacts of those variations;

(c) set out a consideration of methods to avoid, minimise, manage or offset the impacts of the declared project.

S. 30(1B) inserted by No. 49/2013 s. 17(1).

(1B) When preparing the scoping directions, the Planning Minister must have regard to the preliminary risk report that forms part of the project proposal given under section 19(4).

S. 30(1C) inserted by No. 49/2013 s. 17(1).

(1C) The scoping directions may provide, in the case of any or all specified associated works that require an applicable approval, that the application for the applicable approval must be made, assessed and approved under the relevant applicable law and not under this Act.

See section 168A.

S. 30(2) amended by No. 49/2013 s. 17(2).

(2) Subject to this Subdivision, the Planning Minister must prepare, and give to the project proponent, the scoping directions within 10 business days after making a comprehensive impact statement determination.

S. 30(3) amended by No. 49/2013 s. 17(3).

(3) The scoping directions must be published on the Department's Internet site as soon as practicable after the directions are prepared.

31 Planning Minister may request further information or public comment and submissions in exceptional circumstances

S. 31(1) amended by No. 49/2013 s. 18(1)(a).

(1) The Planning Minister may—

S. 31(1)(a) amended by No. 49/2013 s. 18(1)(b).

(a) within 10 business days after making a comprehensive impact statement determination, by written notice given to the project proponent, request further information from the project proponent for the purpose of preparing the scoping directions for the comprehensive impact statement for the proponent's declared project; or

S. 31(1)(b) amended by No. 49/2013 s. 18(1)(c).

(b) within 5 business days after making a comprehensive impact statement determination, invite, by notice published in a newspaper circulating generally throughout Victoria and on the Department's Internet site, the public to make written comment on, or make written submissions in respect of, a draft of the scoping directions within 15 business days after the date of the notice.

(2) A notice under subsection (1)(a) must specify the further information that is to be provided by the project proponent.

(3) If a notice is published under subsection (1)(b), the Planning Minister must publish on the Department's Internet site a draft of the scoping directions.

(4) The Planning Minister may—

(a) request further information from the project proponent under subsection (1)(a) only if the Minister considers that there are exceptional circumstances such that the Minister considers it necessary to re quest that further information;

(b) invite comments and submissions from the public under subsection (1)(b) only if—

(i) the Minister considers that there are exceptional circumstances such that the Minister considers it necessary to seek those comments and submissions; or

S. 31(4)
(b)(ii) amended by No. 49/2013 s. 18(2).

(ii) the comprehensive impact statement assessment process is a process to which section 47(1) or 87(4) of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth applies.

(5) When preparing the scoping directions, the Planning Minister must consider every comment or submission the Minister receives in response to an invitation under subsection (1)(b) within the period of time stated in that subsection.

32 Determining the 25 business day period for scoping directions after notice for further information

The period of time specified in section 30(2) is not to be taken to include any business day falling within the period—

(a) commencing on the day a notice is given to a project proponent under section 31(1)(a); and

(b) ending on the day the Planning Minister receives the information requested in the notice.

33 Extension of period of time for preparation of scoping directions because of public consultation

(1) This section applies if the Planning Minister invites comments and submissions from the public under a notice published in accordance with section 31(1)(b).

(2) Despite section 30(2), the Planning Minister must prepare the scoping directions within 15 business days after the last day of the period stated in the notice published in accordance with section 31(1)(b).

S. 34 (Heading) amended by No. 49/2013 s. 19(1).

34 Amendment of scoping directions by Planning Minister

S. 34(1) amended by No. 49/2013 s. 19(2).

(1) Except as provided in section 34A, the Planning Minister may amend the scoping directions for the comprehensive impact statement for a project proponent's declared project only if the Minister considers that there are exceptional circumstances that require an amendment to the directions.

(2) An amendment to the scoping directions must be given to the project proponent.

S. 34(3) repealed by No. 49/2013 s. 19(3).

(4) The scoping directions, as amended, must be published on the Department's Internet site as soon as practicable after being amended.

S. 34A inserted by No. 49/2013 s. 20.

34A Amendment of scoping directions on application by project proponent

(1) A project proponent for a declared project may, at any time before the Secretary makes a determination under section 42 to release a comprehensive impact statement for public exhibition in relation to the project, apply to the Planning Minister to amend the scoping directions.

(2) An application to the Planning Minister under subsection (1) must be accompanied by a revised project proposal that sets out the changes to the declared project that require amendment to the scoping directions.

(3) On receiving an application under this section, the Planning Minister may amend the scoping directions.

(4) The Planning Minister must determine an application under this section and prepare any amendments to the scoping directions within 10 business days after receiving an application.

(5) Sections 34(2) and (4) apply to an amendment of scoping directions under this section.

Subdivision 2—Assessment committees

35 Establishment of assessment committee

After publishing the scoping directions for a comprehensive impact statement for a declared project, the Planning Minister must—

(a) establish an assessment committee in accordance with Part 8 to assess the comprehensive impact statement; and

(b) give the assessment committee the terms of reference under which it will assess the comprehensive impact statement in accordance with this Division.

36 Content of terms of reference for assessment committee

(1) The terms of reference given to an assessment committee by the Planning Minister under section 35(1)(b) may include directions to the assessment committee on the following matters—

(a) a direction to conduct a preliminary hearing in a particular way;

(b) the matters which the assessment committee is to consider;

S. 36(1)(ba) inserted by No. 49/2013 s. 21.

(ba) a direction to confine the matters under consideration at a public hearing to particular matters;

S. 36(1)(bb) inserted by No. 49/2013 s. 21.

(bb) a direction to prepare a report that summarises the issues in relation to the comprehensive impact statement that the committee considers the project proponent should address;

(c) the conduct of cross-examination, if permitted;

(d) who may make submissions at a preliminary hearing;

(e) any other matter the Planning Minister thinks fit for the purpose of this Act.

(2) Subsection (1) does not limit what may be included in the terms of reference given to an assessment committee.

S. 37 amended by No. 49/2013 s. 22.

37 Publication of assessment committee terms of reference

The Planning Minister must publish the terms of reference the Minister gives an assessment committee under section 35(1)(b) on the Department's Internet site on the same day, or before the day, the comprehensive impact statement for a declared project is exhibited under Subdivision 4.

Subdivision 3—Preparation of comprehensive impact statements

38 Project proponent must comply with this Division

A project proponent for a declared project in relation to which a comprehensive impact statement determination has been made must comply with this Division.

S. 39 amended by No. 49/2013 s. 23(a).

39 Content of comprehensive impact statements

A project proponent for a declared project must prepare a comprehensive impact statement for the project that, to the satisfaction of the Secretary—

S. 39(a) amended by No. 49/2013 s. 23(b).

(a) is substantially in accordance with the scoping directions for that statement; and

S. 39(b)–(e) repealed by No. 49/2013 s. 23(c).

S. 39(f) substituted by No. 39/2018 s. 41(8).

(f) sets out how any relevant environment reference standard within the meaning of the Environment Protection Act 2017 will be taken into account; and

S. 39(fa) inserted by No. 39/2018 s. 41(8).

(fa) sets out how any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017 will be taken into account; and

S. 39(g) amended by No. 49/2013 s. 23(d).

(g) identifies all of the applicable approvals that are likely to be required under all applicable laws in order for the declared project to be developed, including any requirements under those laws applying to the declared project when assessing the impacts of the declared project; and

(h) includes the information that would be required for the applicable law decisions to be made under all of the applicable laws that apply to the project including—

S. 39(h)(i) amended by No. 49/2013 s. 23(e).

(i) a list of the applicable law criteria; and

(ii) information as to how the proponent considers the criteria referred to in subparagraph (i) apply; and

S. 39(ha) inserted by No. 49/2013 s. 23(f), amended by No. 39/2018 s. 41(9).

(ha) if the proponent is seeking a development licence, contains a copy of such plans, specifications and other information as are necessary to determine whether to grant the development licence; and

(i) in the case where the applicable approval that will be required is an amendment to a provision of a planning scheme—

(i) identifies every planning scheme that applies to the location or proposed location of the declared project; and

(ii) contains the proposed amendments to every provision of every planning scheme that will be required; and

(iii) contains an explanatory report for every proposed amendment to a provision of a planning scheme and any document to be applied, adopted or incorporated in any such amendment.

40 Impact assessment guidelines must be had regard to when preparing comprehensive impact statement

Subject to this Division, a project proponent for a declared project must have regard to any impact assessment guidelines when preparing a comprehensive impact statement for the project.

S. 41 (Heading) amended by No. 49/2013 s. 24(1).

41 Submission of comprehensive impact statement to Secretary

(1) On completing a comprehensive impact statement for a declared project, the project proponent for that project must—

S. 41(1)(a) amended by No. 49/2013 s. 24(2).

(a) submit the comprehensive impact statement to the Secretary for review under section 42; and

S. 41(1)(b) amended by No. 49/2013 s. 24(2).

(b) pay to the Secretary the application fee.

S. 41(2) repealed by No. 49/2013 s. 24(3).

S. 42 (Heading) amended by No. 49/2013 s. 25(1).

42 Consideration of comprehensive impact statement by Secretary

S. 42(1) amended by No. 49/2013 s. 25(2).

(1) The Secretary, within 10 business days after receiving a comprehensive impact statement, must make a written determination (a review determination) as to whether the comprehensive impact statement can be released for public exhibition under Subdivision 4.

S. 42(2) amended by No. 49/2013 s. 25(3).

(2) The Secretary, in a review determination, may determine that a comprehensive impact statement may be released for public exhibition under Subdivision 4 only if the Secretary is satisfied that the statement is adequate to be released for that purpose.

S. 42(3) amended by No. 49/2013 s. 25(4).

(3) In order to be satisfied that a comprehensive impact statement is adequate to be released for public exhibition, the Secretary must be satisfied the statement meets the requirements set out in section 39.

S. 42(4) amended by No. 49/2013 s. 25(5)(a).

(4) For the purpose of determining whether a comprehensive impact statement meets the requirements set out in section 39(f), (g) and (h), the Secretary may consult with—

(a) any applicable law decision maker empowered to grant an applicable approval that is necessary for the declared project or a part of the declared project to be developed and to which the comprehensive impact statement relates; and

S. 42(4)(b) amended by No. 49/2013 s. 25(5)(b).

(b) any other person who the Secretary considers has the necessary experience or training to advise the Secretary in respect of the matters the Secretary must consider in making a review determination.

S. 42(5) amended by No. 49/2013 s. 25(6).

(5) In a review determination, the Secretary may direct the project proponent to revise an assessment, or the presentation of an assessment or finding, contained in the comprehensive impact statement if the Secretary is of the view that the assessment or presentation is not adequate to be released for public exhibition.

(6) A review determination must be—

(a) given to the project proponent; and

(b) published on the Department's Internet site.

S. 42(7) repealed by No. 49/2013 s. 25(7).

S. 42A inserted by No. 49/2013 s. 26.

42A Appointment of person where Secretary is project proponent

(1) This section applies if the Secretary is the project proponent of a declared project.

(2) As soon as is practicable after receiving scoping directions under section 30, the Secretary must appoint, in writing, a person to exercise the functions and powers of the Secretary under the following sections in relation to the declared project—

(a) section 39;

S. 42A(2)(b) amended by No. 21/2015 s. 3(Sch. 1 item 33).

(b) section 41(1)(a);

(c) section 42.

(3) A function or power exercised by a person appointed under this section takes effect as if the function or power were exercised by the Secretary.

43 Revisions to draft comprehensive impact statements

(1) On receiving a review determination directing revisions to an assessment, or the presentation of an assessment or finding, contained in the comprehensive impact statement, the project proponent must—

(a) revise the statement in accordance with the determination; and

(b) submit the comprehensive impact statement (as revised) for review under section 42.

(2) For the purpose of this Subdivision, a comprehensive impact statement that is revised in accordance with a review determination is to be taken to be a comprehensive impact statement prepared in accordance with section 38.

(3) To avoid doubt, subsection (1) is not to be taken as precluding more than one revised comprehensive impact statement being submitted for review under section 42.

Subdivision 4—Public exhibition of comprehensive impact statements

S. 44 amended by No. 49/2013 s. 27.

44 Application

This Subdivision applies if the Secretary, in a review determination, determines that a comprehensive impact statement is adequate to be released for public exhibition.

45 Time period for public exhibition

(1) The Planning Minister must determine the period that the comprehensive impact statement must be made publicly available in accordance with this Subdivision.

(2) The period determined by the Planning Minister—

(a) must commence on the day notice is published under section 47; and

(b) must not be less than 20 business days and not more than 30 business days.

(3) A determination under this section must be published on the Department's Internet site on the same day as the review determination that determines that the comprehensive impact statement can be released for public exhibition under this Subdivision is published on the Department's Internet site under section 42.

(4) In addition, notice of a determination under this section must be published in the Government Gazette on the same day that notice of the making of the review determination that determines that the comprehensive impact statement can be released for public exhibition under this Subdivision is published in the Government Gazette under section 42.

46 Public exhibition of comprehensive impact statement

The project proponent for the declared project to which a comprehensive impact statement relates must—

(a) make the comprehensive impact statement publicly available in accordance with this Subdivision for the period determined by the Planning Minister under section 45; and

(b) give the comprehensive impact statement to the assessment committee established under section 35 to assess the comprehensive impact statement.

47 Notification of public exhibition of comprehensive impact statement

(1) The project proponent must—

(a) publish notice of the comprehensive impact statement—

(ii) in at least one newspaper circulating in the area where the declared project to which the statement relates will be developed; and

(iii) on the project proponent's Internet site; and

(b) give a copy of the notice to—

(i) the Planning Minister; and

(ii) the owners and occupiers of land that are or will be materially affected by the declared project; and

(iii) all road authorities and infrastructure managers that are or will be materially affected by the declared project.

(2) On receiving a copy of the notice, the Planning Minister must publish the notice on the Department's Internet site.

48 Content of public notice of comprehensive impact statement

A notice under section 47 must—

(a) include the name of the project proponent; and

(b) include information about the scope of the declared project; and

(c) state the places where the comprehensive impact statement may be inspected by the public; and

(d) invite submissions on the comprehensive impact statement during the public exhibition period; and

(e) state that submissions must be made to the assessment committee established to assess the comprehensive impact statement; and

(f) state the last date by which submissions must be made to the assessment committee established to assess the comprehensive impact statement; and

(g) give an explanation as to how a submission in relation to the comprehensive impact statement must be made; and

(h) state an address to which submissions to the assessment committee established to assess the comprehensive impact statement are to be sent; and

(i) be in accordance with any impact assessment guidelines.

49 Public availability of comprehensive impact statement

(1) The project proponent must, during the public exhibition period—

(a) publish the comprehensive impact statement on the project proponent's Internet site; and

(b) give the comprehensive impact statement to the Secretary; and

(c) make copies of the comprehensive impact statement available to the public for inspection free of charge during business hours—

(i) at the place of business of the project proponent; and

(ii) if the project proponent has any place of business in the region of the State where the declared project is proposed to be developed, at those places; and

(d) use reasonable endeavours to cause copies of the comprehensive impact statement to be made available to the public for inspection at public places free of charge during business hours.

(2) The project proponent, during the public exhibition period, must give a copy of the comprehensive impact statement to an owner of land whose land is or will be materially affected by the development of the declared project to which the statement relates if the owner requests a copy.

(3) A copy of a comprehensive impact statement must be given under subsection (2) free of charge.

(4) On payment of the relevant fee, a person other than a person who is an owner of land whose land is or will be materially affected by the development of the declared project to which the comprehensive impact statement relates may be given a copy of the statement.

(5) On receiving a comprehensive impact statement under subsection (1)(b), the Secretary must publish the statement on the Department's Internet site.

(6) In this section—

public place includes—

(a) the offices or libraries of the Councils whose municipal districts are within the region of the State where the declared project is proposed to be developed;

(b) a place that is determined, in writing, by the Secretary for the purposes of this section;

relevant fee means the fee determined by the project proponent in accordance with the publication fee guidelines.

S. 50 amended by No. 43/2021 s. 217(1).

50 Notification of applicable law decision makers of public exhibition of comprehensive impact statement

As soon as practicable after receiving a notice under section 47(1)(b)(i), the Planning Minister must give every applicable law decision maker referred to in the comprehensive impact statement written notice of the following—

(a) the public exhibition of the statement;

(b) that the applicable law decision makers may provide advice in accordance with section 65 or be required to provide advice to an assessment committee under section 245(2).

S. 51 amended by No. 49/2013 s. 28 (ILA s. 39B(1)).

51 Comprehensive impact statements to be given to agencies and applicable law decision makers

(1) The project proponent must give a copy of the comprehensive impact statement to every applicable law decision maker referred to in the statement as soon as practicable after the commencement of the public exhibition period.

S. 51(2) inserted by No. 49/2013 s. 28, amended by No. 39/2018 s. 41(10).

(2) The project proponent must, as soon as practicable after giving the comprehensive impact statement to the EPA under subsection (1), pay to the EPA an amount that is equivalent to the fee prescribed for the purposes of section 50(1)(b) of the Environment Protection Act 2017.

S. 51A (Heading) substituted by No. 39/2018 s. 41(11).

S. 51A inserted by No. 49/2013 s. 29.

51A Development licences

S. 51A(1) amended by No. 39/2018 s. 41(12).

(1) This section applies if a development licence is required in order for the declared project or a part of the declared project to be developed.

(2) The EPA must, on receiving a comprehensive impact statement under section 51, refer a copy of the comprehensive impact statement and a copy or summary of any accompanying plans, specifications or other information to—

S. 51A(2)(a) substituted by No. 39/2018 s. 41(13).

(a) any agency to which the EPA referred the application for the development licence under section 69(2) of the **Environment Protection Act 2017**; and

(b) the Secretary to the Department of Health.

S. 51A(3) amended by No. 39/2018 s. 41(14).

(3) On receiving a comprehensive impact statement under this section, an agency or the Secretary to the Department of Health may make a submission on the comprehensive impact statement under section 52.

S. 51A(4) amended by No. 39/2018 s. 41(14).

(4) If an agency or the Secretary to the Department of Health makes a submission on the comprehensive impact statement, the agency or the Secretary must give a copy of the submission to the EPA before the end of the public exhibition period.

52 Public submissions on comprehensive impact statements

(1) Subject to this section, during the public exhibition period, any person may—

(a) make a submission to the assessment committee established to assess the comprehensive impact statement; or

(b) amend such a submission.

(2) Two or more persons, together, may make a submission or an amendment to a submission. An assessment committee may treat such a submission as a single submission.

(3) A submission or an amendment to a submission is not properly made unless it—

(a) is in writing; and

(b) states the name and address of the person making the submission or amendment; and

(c) states the grounds of the submission or amendment; and

(d) is relevant to the declared project; and

(e) is within the scope of the terms of reference of the assessment committee; and

(f) in the case of a submission made by 2 or more persons, states the name and address of the person who will—

(i) represent those persons in a preliminary hearing or a formal public hearing; and

(ii) be the contact person for those persons.

S. 52(4) amended by No. 43/2021 s. 217(2).

(4) A person who has made a properly made submission may withdraw that submission by written notice given to the assessment committee.

53 Assessment committee must disclose properly made submissions unless they are confidential

(1) An assessment committee must cause a properly made submission to be published on the Department's Internet site unless—

(a) the person who made the submission claims, when giving it to the committee, that the submission contains confidential information; and

(b) the committee decides that the submission contains confidential information.

(2) A properly made submission given to an assessment committee that has been claimed under this section to contain confidential information, and that the committee has decided contains confidential information, may be published if that information is omitted.

(3) If information is omitted from a properly made submission that is made publicly available by an assessment committee under subsection (2), a note to that effect must be included in the submission at the place in the submission from which the information is omitted.

(4) Despite anything to the contrary in this section, if requested in writing by the Planning Minister, an assessment committee must give a properly made submission (with any confidential information contained in the submission) to the Minister.

54 Review of submissions by assessment committee

(1) An assessment committee must review every properly made submission it receives under this Subdivision that is made within the public exhibition period.

(2) An assessment committee may review a submission or an amendment to a submission it receives under this Subdivision—

(a) that is made after the end of the public exhibition period and is a properly made submission; or

(b) even if the submission or amendment to a submission is not a properly made submission.

55 Public submissions on comprehensive impact statements to be given to project proponent

An assessment committee must give a copy of every submission, and every amendment to a submission, that it receives to the project proponent.

56 Consultation with persons who have made submissions to clarify matters in submissions

(1) As part of a review under section 54, the assessment committee may meet with, or correspond with, a person who has made a submission in order to clarify a matter arising from the submission.

(2) An assessment committee must make a record of every meeting it has with a person under subsection (1).

(3) An assessment committee must cause all correspondence between itself and a person who has made a submission and all records referred to in subsection (2) to be published on the Department's Internet site unless—

(a) the person claims, when meeting with the committee or in correspondence with the committee, that the information they provide is or contains confidential information; and

(b) the committee decides that that information is or contains confidential information.

(4) Information given to an assessment committee that has been claimed under this section to contain confidential information, and that the committee has decided contains confidential information, may be published if that confidential information is omitted.

(5) If information is omitted from a record or correspondence that is made publicly available by an assessment committee under subsection (4), a note to that effect must be included in the record or correspondence at the place in the record or correspondence from which the information is omitted.

(6) Despite anything to the contrary in this section, if requested in writing by the Planning Minister, an assessment committee must give a record or correspondence (with any confidential information contained in the record or correspondence) to the Minister.

57 Preliminary hearings

(1) The assessment committee must conduct a preliminary hearing so as to enable persons—

S. 57(1)(a) amended by No. 93/2009 s. 43(3).

(a) who have made properly made submissions in relation to the comprehensive impact statement to clarify any issues that they have raised in their submissions about the declared project; or

(b) to raise any procedural or preliminary matters in relation to the formal public hearing that will be conducted in relation to the comprehensive impact statement.

(2) The assessment committee may determine which persons who have made properly made submissions may attend the preliminary hearing.

S. 57(3) amended by No. 49/2013 s. 30(a).

(3) The preliminary hearing must—

S. 57(3)(a) amended by No. 49/2013 s. 30(b).

(a) be conducted in accordance with Division 2 of Part 8; and

S. 57(3)(b) amended by Nos 93/2009 s. 43(4), 49/2013 s. 30(b).

(b) be conducted in accordance with any direction given to the assessment committee by the Planning Minister under the terms of reference given to the committee under section 35(b); and

S. 57(3)(c) amended by No. 49/2013 s. 30(c).

(c) be concluded within 20 business days after the end of the public exhibition period.

(4) Without limiting the matters about which an assessment committee may give directions in the conduct of a preliminary hearing, an assessment committee may give directions to a project proponent—

(a) seeking clarification of any matters arising from the project proponent's comprehensive impact statement;

(b) requiring the project proponent to provide further information in relation to any or all of its impact assessments in relation to the declared project;

(c) requiring the project proponent to provide further information regarding any other aspect of the project proponent's comprehensive impact statement.

(5) An assessment committee must—

(a) make a record of a preliminary hearing conducted under this section; and

(b) prepare a written summary of the preliminary hearing that includes—

(i) a list of the names of the persons who participated in the hearing; and

(ii) a list of the issues raised at the hearing.

(6) An assessment committee must cause a written summary referred to in subsection (5) to be published on the Department's Internet site.

58 Notification of preliminary hearings

(1) As soon as practicable after the commencement of the public exhibition period for a comprehensive impact statement, the assessment committee must—

(a) publish notice of the time and place at which the preliminary hearing is to be conducted—

(ii) in at least one newspaper circulating in the area where the declared project to which the statement relates will be developed; and

S. 58(1)(b) amended by No. 43/2021 s. 217(3).

(b) give written notice of the time and place at which the preliminary hearing is to be conducted to the owners and occupiers of land that were given a notice under section 47; and

(c) cause notice of the time and place at which the preliminary hearing is to be conducted to be published on the Department's Internet site.

(2) The assessment committee may also direct the project proponent for the declared project to publish notice of the time and place at which the preliminary hearing is to be conducted on the project proponent's Internet site.

(3) The project proponent must comply with a direction under subsection (2) as soon as practicable after receiving the direction.

S. 59 (Heading) amended by No. 49/2013 s. 31(1).

59 Comprehensive impact statement issues report or statement

S. 59(1) substituted by No. 49/2013 s. 31(2).

(1) If an assessment committee has been given a direction to prepare a report under section 36(1)(bb), the committee must give the project proponent for the declared project in relation to which the committee was established—

(a) a written report that summarises the issues in relation to the comprehensive impact statement that the committee considers the project proponent should address; or

(b) a written statement that the committee considers that there are no issues in relation to the comprehensive impact statement that the committee considers the project proponent should address.

S. 59(2) amended by No. 49/2013 s. 31(3).

(2) A report or statement under subsection (1) must be given to the project proponent within 20 business days after the end of the public exhibition period.

S. 60 repealed by No. 49/2013 s. 32.

Subdivision 5—Refinement of comprehensive impact statements and options for declared project

S. 61 (Heading) amended by No. 49/2013 s. 33(1).

61 Project proponent must review comprehensive impact statement

S. 61(1) substituted by No. 49/2013 s. 33(2).

(1) If a project proponent has received a report under section 59(1)(a), the proponent must review the comprehensive impact statement with regard to the issues set out in the report.

S. 61(2) amended by No. 49/2013 s. 33(3).

(2) A project proponent may also revise the comprehensive impact statement so that the statement addresses any issue raised in a report given under section 59(1)(a), or a submission, or amendment to a submission, given to the proponent under section 55.

S. 61(3) inserted by No. 49/2013 s. 33(4).

(3) If the project proponent reviews the comprehensive impact statement under this section and determines that no revisions are necessary, the project proponent must—

(a) publish the comprehensive impact statement under section 62; and

S. 61(3)(b) amended by No. 43/2021 s. 217(3).

(b) give written notice under section 63 as if the statement were a revised comprehensive impact statement.

S. 61(4) inserted by No. 49/2013 s. 33(4).

(4) If the project proponent revises the comprehensive impact statement under this section, the revision may take the form of an addendum or appendix to the comprehensive impact statement.

62 Publication and submission of revised comprehensive impact statement

(1) This section applies subject to section 63.

(2) A project proponent must publish on its Internet site—

(a) the revised comprehensive impact statement; and

(b) notice of that publication.

S. 62(3) amended by No. 43/2021 s. 217(4)(a).

(3) In addition—

S. 62(3)(a) amended by No. 43/2021 s. 217(4)(b).

(a) notice of the publication of the revised comprehensive impact statement must be published—

(ii) in at least one newspaper circulating in the area where the declared project to which the statement relates will be developed; and

S. 62(3)(b) amended by No. 43/2021 s. 217(4)(c)(i).

(b) written notice of the publication of the revised comprehensive impact statement must be given to—

(i) the Secretary; and

(ii) every person who made a properly made submission during the public exhibition period; and

S. 62(3)(b)(iii) amended by No. 43/2021 s. 217(4)(c)(ii).

(iii) all owners and occupiers of land that were given a copy of a notice under section 47; and

S. 62(3)(b)(iv) amended by Nos 49/2013 s. 34(1), 43/2021 s. 217(4)(c)(ii).

(iv) all owners and occupiers of land who are or will be materially affected by the declared project because of the revised comprehensive impact statement and who have not been given a copy of a notice under section 47; and

S. 62(3)(b)(v) inserted by No. 49/2013 s. 34(2), amended by No. 39/2018 s. 41(15).

(v) if a development licence is required in order for the declared project or a part of the declared project to be developed, the EPA.

(4) A notice of the publication of a revised comprehensive impact statement must—

(a) include the name of the project proponent; and

(b) include information about the scope of the declared project; and

(c) invite submissions on the revised comprehensive impact statement from persons who may be adversely affected by the revised statement because of the revisions; and

(d) state that submissions must be made to the assessment committee established to assess the comprehensive impact statement to which the revised statement relates; and

(e) state the last date by which submissions must be received, which must be no less than 10 business days after the date of publication of the notice in the newspaper circulating generally throughout Victoria; and

(f) give an explanation as to how a submission in relation to the revised statement must be made; and

(g) state an address to which submissions to the assessment committee established to assess the comprehensive impact statement to which the revised statement relates are to be sent.

S. 62(4A) inserted by No. 49/2013 s. 34(3).

(4A) The EPA must, on receiving a revised comprehensive impact statement under this section, refer a copy of the revised comprehensive impact statement and a copy or summary of any accompanying plans, specifications or other information to—

S. 62(4A)(a) substituted by No. 39/2018 s. 41(16).

(a) if a development licence is required for the declared project or a part of the declared project to be developed, any agency to which the EPA referred the application for the development licence under section 69(2) of the Environment Protection Act 2017; and

(b) the Secretary to the Department of Health.

S. 62(4B) inserted by No. 49/2013 s. 34(3), amended by No. 39/2018 s. 41(17).

(4B) On receiving a revised comprehensive impact statement under section (4A), an agency or the Secretary to the Department of Health may make a submission on the revised comprehensive impact statement under subsection (4).

S. 62(4C) inserted by No. 49/2013 s. 34(3), amended by No. 39/2018 s. 41(17).

(4C) If an agency or the Secretary to the Department of Health makes a submission on the revised comprehensive impact statement, the agency or the Secretary must give a copy of the submission to the EPA by the date determined under subsection (4)(e).

(5) On receiving a notice under subsection (3)(b)(i), the Secretary must publish the notice on the Department's Internet site.

S. 63 amended by No. 43/2021 s. 217(5).

63 Assessment committee to be notified of publication

At least 10 business days before a project proponent publishes a revised comprehensive impact statement in accordance with section 62(2)(a), the proponent must give the assessment committee established to assess the comprehensive impact statement written notice of the proponent's intention to publish the revised comprehensive impact statement.

Subdivision 6—Other requirements before formal public hearings

S. 64 (Heading) amended by No. 39/2018 s. 41(18).

S. 64 substituted by No. 49/2013 s. 35.

64 EPA to advise Planning Minister regarding development licences

S. 64(1) amended by No. 39/2018 s. 41(19).

(1) This section applies if a development licence is required in order for the declared project or a part of the declared project to be developed.

(2) On receiving a comprehensive impact statement under section 51 and any relevant submissions under section 51A, and any revised comprehensive impact statement and relevant submissions under section 62, the EPA may advise the Planning Minister as to—

S. 64(2)(a) amended by No. 39/2018 s. 41(19).

(a) whether the Minister should, as part of the Minister's approval decision, issue a development licence for the declared project or a part of the declared project; and

S. 64(2)(b) amended by No. 39/2018 s. 41(19).

(b) if a development licence should be issued, whether it should be subject to conditions and the nature of such conditions (if any).

(3) The EPA must give its advice to the Planning Minister within 30 business days after the last day of the formal public hearing conducted in relation to the comprehensive impact statement.

65 Advice of applicable law decision makers in relation to application of applicable law criteria

(1) An applicable law decision maker may give an assessment committee advice as to—

(a) whether the parts of a comprehensive impact statement that relate to the kinds of applicable approvals it grants under the relevant applicable law adequately address the applicable law criteria for the granting of those kinds of approvals; and

(b) if so, the kinds of conditions or restrictions it may impose on those kinds of approvals.

(2) Advice under subsection (1) must be given to an assessment committee before the first day after the end of the formal public hearing conducted in relation to the comprehensive impact statement.

Subdivision 7—Formal public hearings

66 Notification of formal public hearing to be conducted

S. 66(1) amended by No. 49/2013 s. 36.

(1) The assessment committee must, as soon as practicable after giving a written statement under section 59(1)(b), receiving a reviewed comprehensive impact statement or receiving a notification under section 63—

(a) publish notice of the time and place at which the formal public hearing for the comprehensive impact statement is to be conducted—

(ii) in at least one newspaper circulating in the area where the declared project to which the statement relates will be developed; and

S. 66(1)(b) amended by No. 43/2021 s. 217(6).

(b) give written notice of the time and place at which the formal public hearing is to be conducted to—

(i) the Secretary; and

(ii) the owners and occupiers of land that were given a notice under section 47.

(2) On receiving a notice under subsection (1)(b)(i), the Secretary must publish the notice on the Department's Internet site.

67 Direction to project proponent to publish formal public hearing time and place on Internet

(1) The assessment committee may also direct the project proponent for the declared project to which the comprehensive impact statement relates to publish notice of the time and place at which the formal public hearing is to be conducted on the project proponent's Internet site.

(2) The project proponent must comply with a direction under subsection (1) as soon as practicable after receiving the direction.

68 Conduct of formal public hearing by assessment committee

(1) An assessment committee must conduct a formal public hearing in relation to the comprehensive impact statement in accordance with Division 2 of Part 8.

S. 68(2) substituted by No. 49/2013 s. 37.

(2) The assessment committee must commence to conduct the formal public hearing within, as the case requires—

(a) 20 business days after a statement under section 59(1)(b) is given to the project proponent; or

(b) 20 business days after notice of the publication of the revised statement is published under section 62(2).

(3) The assessment committee must complete the formal public hearing within 30 business days after commencing the hearing under subsection (2).

Subdivision 8—Supplementary comprehensive impact statement assessments

69 Consideration of further assessments arising out of a formal public hearing or submissions

(a) in a formal public hearing or a properly made submission, a further option in relation to the declared project is put forward that the assessment committee considers—

(i) provides a prudent and feasible alternative to the preferred option contained in the comprehensive impact statement; and

(ii) has not been given sufficient consideration; and

(b) the assessment committee considers that that further option may have the effect of requiring the comprehensive impact statement to be revised and reassessed (a supplementary assessment).

(2) In exceptional circumstances, the assessment committee may recommend, in writing, to the Planning Minister that the Minister directs the project proponent to undertake a supplementary assessment.

(3) In determining what constitutes exceptional circumstances for the purpose of subsection (2), an assessment committee may have regard to—

(a) the nature of the declared project and the contents of the comprehensive impact statement; and

(b) the extent to which the further option provides a prudent and feasible alternative to the preferred option presented in the comprehensive impact statement; and

(c) the impacts of the further option; and

(d) any further information that is provided to the committee by the project proponent under section 70(1) in relation to the extent to which the further option provides a prudent and feasible alternative.

70 Assessment committee may request further information from project proponent

(1) For the purpose of making a recommendation to the Planning Minister under section 69(2), an assessment committee may request, in writing, the project proponent to give to the committee further information in relation to the extent to which a further option provides a prudent and feasible alternative.

(2) On receiving a request under subsection (1), the project proponent must comply with the request.

(3) An assessment committee must give any additional information given by the project proponent in compliance with a request under subsection (1) to the Secretary.

(4) On receiving additional information under subsection (3), the Secretary must publish the additional information on the Department's Internet site.

71 Planning Minister may direct project proponent to undertake a supplementary assessment

(1) On receiving a recommendation under section 69(2), the Planning Minister may, in writing, direct the project proponent to whom the recommendation relates to undertake a supplementary assessment in relation to a further option in accordance with section 72.

(2) The Planning Minister must give his or her reasons for a direction under subsection (1) to the project proponent.

72 Supplementary assessments of further options

(1) This section applies if the Planning Minister directs the project proponent for a declared project to undertake a supplementary assessment in relation to a further option in accordance with this section.

(2) The project proponent for the declared project to which the further option relates must review and revise the comprehensive impact statement for the project in light of the further option.

S. 72(3) amended by No. 49/2013 s. 38.

(3) After revising the comprehensive impact statement in accordance with subsection (2), the project proponent must comply with sections 51(2), 62 and 63.

(4) For the purpose of subsection (3), a reference in those sections to a revised comprehensive impact statement is to be read as a reference to a comprehensive impact statement reviewed and revised under this section.

(5) In addition, section 68 applies as if a reference in that section to a comprehensive impact statement were reference to a comprehensive impact statement reviewed and revised under this section.

Subdivision 9—Assessment committee recommendations in relation to comprehensive impact statements

73 Assessment committee recommendations

(1) An assessment committee established for a declared project, by written report to the Planning Minister, must recommend to the Planning Minister (an assessment committee recommendation) as to whether the Minister should make an approval decision that—

(a) grants all or some of the applicable approvals that are necessary for the declared project or a part of the declared project to be developed (with or without conditions); or

(b) refuses to grant all of the applicable approvals that are necessary for the declared project or a part of the declared project to be developed.

(2) An assessment committee must not make an assessment committee recommendation that is inconsistent with the committee's terms of reference.

(3) If an assessment committee recommendation recommends that the Planning Minister grant all or some of the applicable approvals that are required for the declared project or a part of the declared project to be developed but with conditions, the recommendation must specify—

(a) the conditions; and

(b) the relevant applicable law under which the conditions are being imposed; and

(c) the person or body authorised under the relevant applicable law to administer compliance with the conditions.

(4) In making an assessment committee recommendation, an assessment committee must have regard to—

(a) the project proposal; and

(b) the comprehensive impact statement; and

(c) all properly made submissions; and

(d) any issues raised in, as the case requires—

(i) meetings and correspondence referred to in section 56; and

(ii) a preliminary hearing; and

(iii) a formal public hearing; and

(e) the comments of the persons the committee was directed by the Planning Minister to consult with under this Division; and

(f) any consultation with or advice received from an applicable law decision maker under this Division; and

S. 73(4)(g) amended by No. 49/2013 s. 39(1).

(g) subject to this section, every applicable law relevant to the declared project, including the applicable law criteria under that law.

(5) In addition, in making an assessment committee recommendation, an assessment committee may have regard to any other matter the committee considers relevant.

S. 73(6) amended by No. 49/2013 s. 39(2).

(6) Subsection (4)(g) applies despite anything to the contrary in the applicable law that requires the relevant applicable law decision maker under that law to do anything other than have regard to the applicable law criteria.

(7) An assessment committee recommendation must set out the reasons of the assessment committee.

(8) An assessment committee recommendation must be made and given to the Planning Minister within 30 business days after the last day of the formal public hearing conducted in relation to the comprehensive impact statement unless the Planning Minister directs the project proponent, under section 71, to undertake a supplementary assessment in relation to a further option.

S. 74 (Heading) amended by No. 39/2018 s. 41(20).

74 Specific applicable approval—Environment protection development licences

S. 74(1) amended by Nos 49/2013 s. 40(1), 39/2018 s. 41(21).

(1) This section applies if a development licence is required in order for the declared project or a part of the declared project to be developed.

(2) An assessment committee must give a copy of its assessment committee recommendation to the EPA on the same day on which the committee gives the Planning Minister its assessment committee recommendation.

S. 74(3)(4) repealed by No. 49/2013 s. 40(2).

Division 6—Interaction with the Aboriginal Heritage Act 2006

75 Giving and notification of cultural heritage management plans

The project proponent for a declared project must—

(a) give the Planning Minister a copy of every cultural heritage management plan that is approved under the Aboriginal Heritage Act 2006 for the area in which works are to be carried out for the development of the project or a part of the project; or

S. 75(b) amended by No. 43/2021 s. 217(7).

(b) give written notice to the Planning Minister if the project proponent has applied to VCAT under section 116 of the Aboriginal Heritage Act 2006 for a review of, or commenced proceedings in a court in relation to—

(i) a decision of a registered Aboriginal party to refuse to approve a cultural heritage management plan under section 63 of that Act; or

(ii) a decision of the Secretary (within the meaning of that Act) to refuse to approve a cultural heritage management plan under section 65 of that Act.

Division 7—Approval decisions

Subdivision 1—Application

76 Application of Division

This Division applies if the Planning Minister receives—

(a) an impact management plan from a project proponent under section 29; or

(b) an assessment committee recommendation.

Subdivision 2—General provisions relating to approval decisions

77 Approval decisions

(1) Subject to this Division, on receiving an impact management plan or assessment committee recommendation, the Planning Minister must make a decision (an approval decision) whether to—

(a) grant all or some of the applicable approvals that are necessary for the declared project or a part of the declared project to be developed; or

(b) refuse to grant all of the applicable approvals that are necessary for the declared project or a part of the declared project to be developed.

(2) In making an approval decision, the Planning Minister must—

(a) in the case where the Minister receives an assessment committee recommendation, have regard to—

(i) the assessment committee recommendation; and

S. 77(2)(a)(ii) amended by No. 49/2013 s. 41(1)(a).

(ii) the advice of the EPA under section 64; and

S. 77(2)(b) repealed by No. 49/2013 s. 41(1)(b).

S. 77(2)(c) amended by No. 49/2013 s. 41(1)(c).

(c) subject to subsection (3), in every case, have regard to the applicable law criteria under an applicable law.

S. 77(3) amended by No. 49/2013 s. 41(2).

(3) Subsection (2)(c) applies despite anything to the contrary in the applicable law that requires the relevant applicable law decision maker under that law to do anything other than have regard to the applicable law criteria.

78 Approval decisions for planning scheme amendments

The Planning Minister may make an approval decision that is solely for an amendment to a provision of a planning scheme if the Planning Minister has received a notification under section 75(b).

79 Consultation required in impact management plan cases

Before making an approval decision following receipt of an impact management plan, the Planning Minister must consult with every applicable law decision maker empowered to grant an applicable approval that is necessary for the declared project or a part of the declared project to be developed.

80 Contents of approval decisions

(1) An approval decision must—

(a) specify—

(i) the applicable approvals granted or not granted; and

(ii) if any of the applicable approvals have been granted subject to conditions, those conditions; and

(iii) any other conditions the Planning Minister may wish to impose; and

(b) set out the reasons of the Planning Minister.

(2) Without limiting subsection (1)(a)(iii), the Planning Minister may, by condition, require the project proponent to—

(a) in the case of an approval decision relating to a declared project for which a comprehensive impact statement was prepared—prepare an impact management plan under Division 4 in relation to an aspect of the declared project;

(b) in all cases—enter into an agreement with the Minister in relation to any matter relating to the development of the declared project that is not a matter to which an applicable approval (to which the approval decision relates) applies.

81 Time within which approval decision must be made

S. 81(1) amended by No. 49/2013 s. 42.

(1) The Planning Minister must make an approval decision within 20 business days after receiving, as the case requires—

(a) the impact management plan; or

(b) the assessment committee recommendation.

S. 81(2) repealed by No. 7/2019 s. 44(1).

82 Giving and publication of approval decision

(1) An approval decision must be given to—

(a) the project proponent; and

(b) every applicable law decision maker empowered to grant an applicable approval that is necessary for the declared project or a part of the declared project to be developed; and

(c) in the case of an approval decision following the comprehensive impact statement assessment process, the persons referred to in section 62(3)(b)(ii) to (iv); and

(d) in the case of an approval decision following the impact management plan assessment process, the persons with whom the project proponent consulted in accordance with a direction under section 25.

(2) An approval decision must be published on the Department's Internet site and notice of its making must be published in the Government Gazette.

(3) An approval decision takes effect on the day notice of its making is published in the Government Gazette.

83 Publication of assessment committee recommendation

(1) The Planning Minister must publish the assessment committee recommendation to which the Minister's approval decision relates at the same time as the approval decision.

S. 83(2) amended by No. 7/2019 s. 44(2).

(2) The assessment committee recommendation must be published on the Department's Internet site.

84 Effect of approval decision granting the applicable approvals for a declared project

(1) An approval decision granting any of the applicable approvals necessary for a declared project to be developed, where that decision relates to a particular applicable approval, is to be taken to be a decision of the applicable law decision maker granting the applicable approval under the relevant applicable law—

(a) despite anything to the contrary in that applicable law; and

(b) even if—

(i) no application was made under the applicable law for the particular applicable approval; or

(ii) the process specified under the relevant applicable law for the making of the applicable law decision for the particular applicable approval was not complied with; or

(iii) a fee required in respect of an application under the relevant applicable law for the making of the applicable law decision for the particular applicable approval was not paid.

S. 84(1A) inserted by No. 49/2013 s. 43.

(1A) Subsection (1)(b)(iii) does not apply in the case of a fee payable under section 51(2).

(2) Subject to subsection (3), an applicable approval to which this section applies may be varied, amended or revoked by the relevant applicable law decision maker in accordance with the relevant applicable law under which that approval operates—

(a) only on the application of the project authority for the declared project to which the applicable approval applies; and

(b) with the written consent of the Planning Minister.

S. 84(3) amended by No. 39/2018 s. 41(22).

(3) In the case of an applicable approval that is a development licence, a condition to which the approval is subject may be amended, or a new condition may be inserted into the development licence, by the EPA by notice—

(a) given to the project authority for the declared project to which the approval relates; and

(b) published in the Government Gazette.

S. 84(4) amended by No. 39/2018 s. 41(23).

(4) A amendment, or insertion, of a condition under subsection (3) is to be taken to be an amendment of the development licence under section 58 of the Environment Protection Act 2017.

(5) Subsections (2) and (3) apply despite anything to the contrary in an applicable law.

Subdivision 3—Planning scheme amendments

85 Modification of application of the Planning and Environment Act 1987

(1) This section applies if the Planning Minister must make an approval decision that relates to the preparation, adoption and approval of an amendment to a provision of a planning scheme under the Planning and Environment Act 1987.

(2) Subject to this Division, for the purpose of the Planning Minister making the approval decision, the Planning and Environment Act 1987 (except sections 38(2) to (4) and 39) applies as an applicable law.

86 Amendments to provisions of planning schemes must not require planning permit for works

An approval decision that makes an amendment to a provision of a planning scheme must not have the effect of requiring a person to hold a planning permit in order for that person or another person to carry out works in the project area for the declared project to which the decision relates.

Subdivision 4—Other applicable law exclusions and modifications

87 Modification of the application of the Flora and Fauna Guarantee Act 1988

S. 87(1) amended by No. 28/2019 s. 51(1).

(1) This section applies if the Planning Minister must make an approval decision that relates to the granting of a permit under section 35 of the Flora and Fauna Guarantee Act 1988.

S. 87(2) amended by No. 28/2019 s. 51(2).

(2) The project proponent is taken to be a landholder to which section 35 of that Act applies for the purpose of the Planning Minister making the approval decision.

S. 88 (Heading) amended by No. 7/2017 s. 302(2).

88 Modification of the application of the Heritage Act 2017

(1) This section applies if the Planning Minister must make an approval decision that relates to—

S. 88(1)(a) amended by No. 7/2017 s. 302(3).

(a) the issue of a permit under section 102 of the Heritage Act 2017; or

S. 88(1)(b) amended by No. 7/2017 s. 302(4).

(b) the issue of a consent under section 124 of the Heritage Act 2017.

(2) Subject to this Division—

S. 88(2)(a) amended by No. 7/2017 s. 302(5).

(a) in the case of the issue of a permit under section 102 of that Act, that Act applies as an applicable law for the purpose of the Planning Minister making the approval decision;

S. 88(2)(b) amended by Nos 93/2009 s. 43(5), 7/2017 s. 302(6).

(b) in the case of the issue of a consent under section 124 of that Act, that Act applies as an applicable law for the purpose of the Planning Minister making the approval decision.

Division 8—Approval decision variations

89 Applications for variations

(1) The project authority for a declared project may apply to the Planning Minister for a variation to the approval decision that applies to the declared project.

(2) An application must—

(a) be in writing; and

(b) specify the variation being sought; and

(c) include information that explains, and the reasons for, the variation sought.

90 Planning Minister to make determination on application

S. 90(1) substituted by No. 49/2013 s. 44(1).

(1) On receiving an application under section 89, the Planning Minister must make a determination—

(a) to grant the variation, subject to any conditions the Planning Minister thinks fit; or

(b) to refuse to grant the variation.

(2) In making a determination under subsection (1), the Planning Minister must have regard to the nature of the variation sought.

S. 90(3) substituted by No. 49/2013 s. 44(2).

(3) For the purposes of making a determination under subsection (1), the Planning Minster may do any of the following—

(a) request further information about the variation and any other related matter from the project authority;

(b) consult with any person or body that the Minister considers has an interest in the declared project or proposed variation;

(c) direct the project authority to consult with any person or body that the Minister considers has an interest in the declared project or proposed variation, in a manner directed by the Minister and to provide a report to the Minister on the outcome of the consultation;

(d) seek comments on the proposed variation from any applicable law decision maker relevant to the proposed variation;

(e) consult with any person or body that the Planning Minister considers has the necessary training or expertise to advise on the proposed variation;

(f) if in granting the variation, the Planning Minister considers that exceptional circumstances exist, specify to the project authority which of the provisions of the impact management plan assessment process or comprehensive impact statement process (with any necessary modifications) will apply to the variation sought.

(4) Notice of the making of a determination under subsection (1) must be published—

(a) in the Government Gazette; and

(b) on the Department's Internet site.

See also section 84(2).

S. 91 amended by No. 49/2013 s. 45.

91 Application of Part to variation sought by project authority

On the making of a determination under section 90 that specifies provisions in accordance with section 90(3)(f)—

(a) the provisions of the impact management plan assessment process or comprehensive impact statement process specified in the determination apply to the variation sought—

(i) as if a reference in those provisions to the project proponent were a reference to the project authority seeking the variation to the approval decision that applies to the declared project; and

(ii) as if a reference in those provisions to the declared project (other than a reference to the declared project to be developed) were a reference to the variation being sought to the approval decision that applies to the approved project; and

(iii) as if a reference in those provisions to a declared project to be developed were a reference to the declared project to be developed if the variation to the approval decision that applies to the project is made; and

(iv) with any other modifications that are necessary; and

(b) Divisions 6 and 7 apply—

(i) as if a reference in those Divisions to an approval decision were an approval decision varying the approval decision that applies to the declared project; and

(ii) as if a reference in those Divisions to the project proponent were a reference to the project authority seeking the variation to the approval decision that applies to the declared project; and

(iii) with any other modifications that are necessary.

92 Development of approved project may continue in some cases while a variation sought

To avoid doubt, a project authority may continue to develop those parts of an approved project that do not relate to the variation of the approval decision sought under this Division.

Division 9—Other matters

93 Correction of mistakes

(1) The Planning Minister may correct an approval decision, or applicable approval to which the approval decision applies, if the decision or applicable approval contains—

(a) a clerical mistake or an error arising from any accidental slip or omission; or

(b) an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the approval decision or applicable approval.

(2) Subsection (1) applies despite anything to the contrary in an applicable law.

94 Reports to the Premier in relation to compliance with time limits under this Part

The Planning Minister, within 10 business days after receiving a written request from the Premier, must report to the Premier in relation to—

(a) whether there has been any non-compliance by any person or body with a time limit required under this Part; and

(b) the reasons for those cases of non-compliance.

Part 4—The project area

95 Designation of project area

S. 95(1) amended by No. 93/2009 s. 43(6)(a).

S. 95(1)(a) substituted by No. 93/2009 s. 43(6)(b), amended by No. 7/2019 s. 44(3).

(a) the Premier declares a transport project to be a declared project to which this Act (other than Parts 3 and 8) applies; or

S. 95(1)(b) substituted by No. 93/2009 s. 43(6)(b).

(b) the Planning Minister makes an approval decision in relation to a declared project.

S. 95(2) amended by No. 48/2024 s. 10(a)(i).

(2) The Planning Minister, by Order published in the Government Gazette, must designate—

S. 95(2)(a) substituted by No. 93/2009 s. 43(7), amended by Nos 7/2019 s. 44(3), 48/2024 s. 10(a)(ii).

(a) in the case where the Premier declares a transport project to be a declared project to which this Act (other than Parts 3 and 8) applies—the area or areas of land for the declared project to which that declaration relates or the first part of that declared project;

S. 95(2)(b) amended by No. 48/2024 s. 10(a)(iii).

(b) in the case where the Minister has made an approval decision—the area of land for the declared project to which that decision relates.

S. 95(2A) inserted by No. 49/2013 s. 46(1).

(2A) A designation under this section may—

S. 95(2A)(a) amended by No. 48/2024 s. 10(b).

(a) specify an area or areas of land where associated works have been or will be carried out; and

S. 95(2A)(b) amended by No. 48/2024 s. 10(b).

(b) note whether the specified area or areas of land or any activity on that land has been subject to an approval decision under this Act or an applicable approval under an applicable law.

(3) The Planning Minister must not make a designation under this section unless—

S. 95(3)(a) substituted by No. 43/2021 s. 136(1)(a), amended by No. 48/2024 s. 10(c).

(a) the Planning Minister has received a plan that contains sufficient detail to identify the extent of the area or areas of land to be designated; and

S. 95(3)(b) substituted by No. 49/2013 s. 46(2), amended by Nos 7/2019 s. 44(3), 43/2021 s. 136(1)(b), 48/2024 s. 10(d).

(b) in the case where the Premier declares a transport project to be a declared project to which this Act (other than Parts 3 and 8) applies—the Planning Minister is satisfied that—

S. 95(3)(b)(i) inserted by No. 48/2024 s. 10(d).

(i) the declared project is not prohibited by or under an applicable planning scheme; or

S. 95(3)(b)(ii) inserted by No. 48/2024 s. 10(d).

(ii) if the designation is in relation to the first part of the declared project, that part of the declared project is not prohibited by or under an applicable planning scheme.

(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.

S. 95(5) inserted by No. 43/2021 s. 136(2), amended by No. 48/2024 s. 10(e).

(5) For the purpose of subsection (3)(b), a transport project or part of a transport project is not prohibited by or under a planning scheme if—

(a) it is permitted as of right; or

(b) it may be undertaken without a planning permit (whether or not the planning scheme requires other approvals or consents to be obtained before it may be undertaken); or

(c) it may be undertaken with a planning permit (whether or not a planning permit may be granted or refused).

96 Variations to project area

(1) A project authority for an approved project may request the Planning Minister to vary the project area for the approved project by doing either or both of the following—

S. 96(1)(a) amended by No. 48/2024 s. 11(1)(a).

(a) increasing the project area by designating an area or areas of land to be part of the project area;

S. 96(1)(b) amended by No. 48/2024 s. 11(1)(b).

(b) designating an area or areas of land as not being part of the project area.

(2) A request under subsection (1) must—

(a) set out the variation being requested; and

(b) be in writing.

(3) On receiving a request under subsection (1), the Planning Minister, by Order published in the Government Gazette, may vary the project area by doing either or both of the following—

S. 96(3)(a) amended by No. 48/2024 s. 11(1)(a).

(a) increasing the project area by designating an area or areas of land to be part of the project area;

S. 96(3)(b) amended by No. 48/2024 s. 11(1)(b).

(b) designating an area or areas of land as not being part of the project area.

S. 96(4) substituted by Nos 43/2021 s. 137, 48/2024 s. 11(2).

(4) The Planning Minister must not make a designation under subsection (3) unless—

(a) the Planning Minister has received a plan that contains sufficient detail to identify the extent of the area or areas of land to be designated; and

(b) if the request is for the purposes of designating an area or areas of land for a subsequent part of a declared project to which this Act (other than Parts 3 and 8) applies, the Planning Minister is satisfied that the subsequent part of the declared project to which the request relates is not prohibited by or under an applicable planning scheme.

S. 96(4A) inserted by No. 48/2024 s. 11(2).

(4A) A designation of an area or areas of land for a subsequent part of a declared project to which this Act (other than Parts 3 and 8) applies may—

(a) specify an area or areas of land where associated works have been or will be carried out; and

(b) note whether the specified area or areas of land or any activity on that land has been subject to an applicable approval under an applicable law.

(5) An Order under this section takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that later day.

S. 96(6) inserted by No. 48/2024 s. 11(3).

(6) For the purposes of subsection (4)(b), the subsequent part of the declared project is not prohibited by or under a planning scheme if—

(a) it is permitted as of right; or

(b) it may be undertaken without a planning permit (whether or not the planning scheme requires other approvals or consents to be obtained before it may be undertaken); or

(c) it may be undertaken with a planning permit (whether or not a planning permit may be granted or refused).

97 Consolidated plans for project area

(1) The Planning Minister, by Order published in the Government Gazette, may approve consolidated plans of a project area incorporating all variations to the project area made under section 96 up to the date of the Order.

S. 97(2) substituted by No. 43/2021 s. 138.

(2) The consolidated plans of a project area must contain sufficient detail to identify the extent of the project area.

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

(4) An Order under this section takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that day.

98 Planning scheme amendment powers of Planning Minister in relation to variations to project area

S. 98(1) substituted by No. 49/2013 s. 47.

(1) This section applies if an Order is made under section 96.

(2) The Planning Minister, in accordance with the Planning and Environment Act 1987, may amend the provisions of the planning scheme so that—

(a) in the case of an Order made under section 96(3)(a)—the land is deemed to be reserved for public purposes under the planning scheme;

(b) in the case of an Order made under section 96(3)(b)—the land ceases to be deemed to be reserved for public purposes under the planning scheme.

S. 98A inserted by No. 49/2013 s. 48.

98A Plans to be published on the Internet

The Secretary must publish on the Department's Internet site—

S. 98A(a) amended by No. 48/2024 s. 12.

(a) a plan comprising the area or areas of land designated under an Order under section 95(2); and

(b) a plan comprising a variation to a project area under an Order under section 96(3); and

(c) consolidated plans of a project area approved under an Order under section 97(1)—

as soon as practicable after the relevant Order is published in the Government Gazette.

Part 5—A project authority's functions and powers

Pt 5 Div. 1 (Heading and ss 99, 100) repealed by No. 43/2021 s. 139.

Division 2—Functions and powers of a project authority

S. 101 amended by No. 43/2021 s. 140 (ILA s. 39B(1)).

101 A project authority's functions

(1) A project authority has, for an approved project, the following functions—

(a) to facilitate, on behalf of the State, the development of the approved project;

(b) to seek and evaluate submissions from persons interested in undertaking the approved project;

(c) to negotiate with persons interested in undertaking the development of the approved project;

(d) to make recommendations in relation to contractual arrangements between the State and any other person for the development or delivery of the approved project;

(e) to enter into contractual arrangements with any persons for the development or delivery of the approved project and to administer and manage such arrangements;

(f) to administer and manage agreements and arrangements between the State and any other person for, or relating to, the development or delivery of the approved project;

(g) to facilitate and coordinate consultations with statutory authorities and agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the approved project;

(h) to negotiate and enter into arrangements with statutory authorities and agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the approved project;

(i) to make recommendations to the Project Minister in relation to facilitating the approved project and coordinating with statutory authorities, agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the approved project;

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

(k) to commission transport infrastructure that is developed as part of an approved project;

(l) to undertake any other functions that are conferred on the project authority by or under this Act or any other Act.

S. 101(2) inserted by No. 43/2021 s. 140.

(2) Before a declared project becomes an approved project, the project authority for the declared project has any functions that are conferred on the project authority by or under this or any other Act in relation to the declared project.

S. 102 substituted by No. 43/2021 s. 141.

102 A project authority's powers

(1) Subject to subsection (2), for the purpose of performing its project functions, a project authority that is a public authority has the following powers—

(a) to acquire, hold or dispose of real or personal property;

(b) with the written approval of the Treasurer, to participate in the formation of a corporation, trust, partnership or other body or enter into a joint venture;

(c) to subscribe for, or otherwise acquire, hold and dispose of, shares in or debentures or other securities of, a corporation;

(d) to become a member of a company limited by guarantee;

(e) to subscribe for or otherwise acquire, and hold and dispose of, units in a trust;

(f) to acquire, and hold and dispose of, an interest in a partnership or other body;

(g) to give indemnities, guarantees, releases and charges, and anything else of a similar nature;

(h) on behalf of the Crown, to—

(i) assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right of the Crown; or

(ii) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right of the Crown; or

(iii) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright;

(i) to employ or engage staff or consultants;

(j) to enter into arrangements for the services of persons employed under the Public Administration Act 2004;

(k) to appoint agents and attorneys, and act as agent;

(l) any other powers conferred on the project authority by or under this or any other Act or law.

(2) A project authority that is a public authority does not have the powers specified in subsection (1) to the extent that the Governor in Council, on the recommendation of the Project Minister, by Order published in the Government Gazette, determines that the project authority does not have those powers.

(3) For the purpose of performing its project functions, a project authority that is not a public authority has the following powers—

(a) the powers specified for the project authority under subsection (4);

(b) any other powers conferred on the project authority by or under this or any other Act or law.

(4) If the project authority is not a public authority, the Governor in Council, on the recommendation of the Project Minister, by Order published in the Government Gazette, may specify any one or more of the powers referred to in subsection (1)(a) to (k) to be a power of the project authority for the purposes of performing its project functions.

(5) In addition to subsection (1) or (3), a project authority may do all other things necessary or convenient to be done for, or in connection with, or as incidental to, the performance of its project functions under this Act.

S. 102A inserted by No. 49/2013 s. 49.

102A Project authority to be referral authority

A project authority for an approved project is taken to be specified as a determining referral authority in any planning scheme under the Planning and Environment Act 1987 in relation to land in the project area.

103 Delegation—to staff and members

(1) A project authority, by instrument, may delegate to—

(a) an employee of the authority; or

(b) a person employed under the Public Administration Act 2004; or

(c) if the authority is a body corporate, a member or chief executive of the authority—

any project function the project authority has, other than this power of delegation.

(2) If the project authority is a body corporate, an instrument under subsection (1) must be under the authority's common seal.

S. 104 (Heading) amended by No. 61/2011 s. 25(Sch. 2 item 3(a)).

104 Delegation—when the Secretary is the project authority

S. 104(1) amended by No. 61/2011 s. 25(Sch. 2 item 3(a)).

(1) This section applies if the project authority is the Secretary.

S. 104(2) amended by Nos 61/2011 s. 25(Sch. 1 item 5.2)(Sch. 2 item 3), 49/2013 s. 50, 49/2019 s. 186(Sch. 4 item 26.2), substituted by No. 43/2021 s. 142.

(2) The Secretary, by instrument, may delegate any project function the Secretary has, other than this power of delegation, to—

(a) a person employed under Part 3 of the Public Administration Act 2004 in—

(i) the Department; or

(ii) an Administrative Office (within the meaning of that Act) in relation to the Department; or

(b) an Administrative Office Head (within the meaning of the Public Administration Act 2004) of an Administrative Office (within the meaning of that Act) in relation to the Department; or

(c) a person engaged by the Secretary; or

(d) the Suburban Rail Loop Authority; or

(e) the chief executive officer of the Suburban Rail Loop Authority; or

(f) a member of staff (within the meaning of the Suburban Rail Loop Act 2021) of the Suburban Rail Loop Authority.

105 Delegation—to the project contractor

S. 105(1) substituted by No. 48/2024 s. 14(1).

(1) A project authority, by instrument, may delegate to a project contractor—

(a) a road function; or

(b) a utilities interface function, power or duty.

S. 105(2) amended by Nos 49/2013 s. 51, 48/2024 s. 14(2).

(2) If a project authority delegates a function under this section, the authority must cause a notice of the delegation to be published on the Department's Internet site.

S. 105(3) repealed by No. 48/2024 s. 14(3).

106 Sub-delegations by project contractor

S. 106(1) amended by No. 48/2024 s. 15(1).

(1) This section applies if an instrument of delegation under section 105 delegating a function to the project contractor named in the instrument authorises the sub-delegation of that function by that project contractor to another person or body.

S. 106(2) amended by No. 48/2024 s. 15(2).

(2) Subject to the consent of the Project Minister and any conditions to which the instrument of delegation is subject, the project contractor, by instrument, may sub-delegate any function delegated to the contractor under that instrument of delegation to any other person.

S. 106(3) amended by Nos 49/2013 s. 52, 48/2024 s. 15(3).

(3) If a project contractor sub-delegates any function under this section, the project contractor must cause a notice of the sub‑delegation to be published on the Department's Internet site.

107 Application of Interpretation of Legislation Act 1984 to sub‑delegations by project contractor

Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by section 106 in the same way as they apply to a delegation.

108 Project contractor to notify project authority before performing a road function

S. 108(1) amended by No. 43/2021 s. 217(8).

(1) A project contractor must give the project authority that delegated a road function to the contractor written notice of its intention to perform a road function.

(2) A project contractor does not need to comply with subsection (1) if there is an agreement in force between the project contractor and the project authority that provides for a notification of the kind referred to in that subsection.

109 Project authority subject to Project Minister direction or control

A project authority, when performing or exercising a project function, is subject to the direction and control of the Project Minister.

Division 3—End of declared project

S. 110 amended by No. 43/2021 s. 217(9), substituted by No. 48/2024 s. 16.

110 Notification of completion of approved project

(1) On the completion of an approved project or a part of an approved project, the project authority for the project must give the Project Minister written notice—

(a) advising of the completion of the approved project or the part of the approved project; and

(b) specifying the project area or the part of the project area that relates to the approved project or the part of the approved project that has been completed.

(2) On receiving a notice under subsection (1), the Project Minister must publish a notice in the Government Gazette—

(a) containing the information referred to in subsection (1); and

(b) describing any land reserved for a public purpose by or under this Act or any other Act for the purposes of the approved project or the part of the approved project that will not be reserved for a public purpose on the declaration taking effect.

S. 111 amended by No. 48/2024 s. 17.

111 Effect of notification of completion of an approved project

On publication of a notice under section 110(2)—

S. 111(a) inserted by No. 48/2024 s. 17.

(a) the project authority ceases to have any project functions in respect of the approved project or the part of the approved project to which the notice relates; and

S. 111(b) inserted by No. 48/2024 s. 17.

(b) the project area or the part of the project area specified in the notice ceases—

(i) to be a project area; or

(ii) to form a part of the project area.

Part 6—Project delivery

Pt 6 Div. 1AA (Heading and ss 111A− 111D) inserted by No. 43/2021 s. 143.

Division 1AA—Dealing in land before designation of project area and with specified entities

S. 111A inserted by No. 43/2021 s. 143.

111A Definition

In this Division—

specified entity means—

(a) the Crown; or

(b) a Minister; or

(c) a Department Head within the meaning of the Public Administration Act 2004; or

(d) a public authority; or

(e) a Council; or

(f) a transport body.

S. 111B inserted by No. 43/2021 s. 143.

111B Powers of project authority and project proponent to deal in land before designation of project area

(1) At any time before a declared project becomes an approved project, the project authority or project proponent for the declared project may—

(a) acquire land by agreement for the purposes of the declared project or any purpose connected with the declared project; and

(b) hold land for the purposes of the declared project or any purpose connected with the declared project; and

(c) transfer or otherwise dispose of land.

(2) An acquisition of land from, or a transfer of land to, a specified entity under this section may be for nominal consideration.

(3) A right in the nature of an easement or purporting to be an easement may be transferred under this section only if there is some other land of the transferee that is capable of being benefitted by that right.

Section 171A permits the transfer of certain easements in gross in certain circumstances.

S. 111C inserted by No. 43/2021 s. 143.

111C Powers of project authority to deal in land with specified entities after designation of project area

(1) The project authority for an approved project may, by agreement—

(a) acquire land from a specified entity for the purposes of the approved project or any purpose connected with the approved project; and

(b) transfer land to a specified entity—

(i) for the purposes of the approved project or any purpose connected with the approved project; or

(ii) if the land is no longer required for the purposes of the approved project.

Land no longer required for the purposes of an approved project may also be dealt with under Subdivision 4 of Division 7.

(2) An acquisition or transfer of land under this section may be for nominal consideration.

(3) Land may be acquired or transferred under this section whether the land is in or outside the project area.

(4) A right in the nature of an easement or purporting to be an easement may be transferred under this section only if there is some other land of the transferee that is capable of being benefitted by that right.

Section 171A permits the transfer of certain easements in gross in certain circumstances.

S. 111D inserted by No. 43/2021 s. 143.

111D Land Acquisition and Compensation Act 1986 does not apply

(1) Despite anything to the contrary in this Act or the Land Acquisition and Compensation Act 1986, a project authority is not required to comply with the Land Acquisition and Compensation Act 1986 in relation to land proposed to be acquired under this Division, whether or not the project authority is empowered to compulsorily acquire that land under any special Act.

special Act has the same meaning as in the Land Acquisition and Compensation Act 1986.

Division 1—Acquisition of land in the project area

112 Powers of acquisition

S. 112(1) amended by No. 43/2021 s. 144.

(1) A project authority may acquire land in the project area by agreement or by a compulsory process for the purposes of an approved project or any purpose connected with the approved project.

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

S. 113 amended by No. 43/2021 s. 145(1)(2) (ILA s. 39B(1)).

113 Application of Land Acquisition and Compensation Act 1986

(1) Subject to Division 1AA, this Division and Division 6, the Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—

(a) the Major Transport Projects Facilitation Act 2009 is the special Act; and

(b) a project authority is the Authority.

S. 113(2) inserted by No. 43/2021 s. 145(2).

(2) Despite subsection (1), Division 5 of
Part 2 of the Land Acquisition and Compensation Act 1986 does not apply in relation to the entry into possession of project land by a project authority.

See Division 5 of this Part in relation to entry into possession of project land.

S. 113(3) inserted by No. 43/2021 s. 145(2).

(3) Despite section 3(3) of the Land Acquisition and Compensation Act 1986, if a provision of this Act is inconsistent with a provision of that Act, the provision of this Act prevails to the extent of the inconsistency.

S. 113A inserted by No. 43/2021 s. 146.

113A Notice of acquisition

(1) Despite section 21 of the Land Acquisition and Compensation Act 1986, a notice of acquisition for the acquisition of land by a project authority under section 112—

(a) must be in the form approved by the Minister; and

S. 113A(1)(b) amended by No. 48/2024 s. 19.

(b) may contain an express declaration that—

S. 113A (1)(b)(i) inserted by No. 48/2024 s. 19.

(i) the land is to vest in the project authority; or

S. 113A (1)(b)(ii) inserted by No. 48/2024 s. 19.

(ii) if the interest in land is a right in the nature of an easement or purporting to be an easement, the interest in land is to be extinguished.

(2) The Minister must cause a form approved under subsection (1)(a) to be published—

(a) in the Government Gazette; and

(b) on the Department's Internet site.

S. 114 amended by Nos 93/2009 s. 43(8), 49/2013 s. 53(1), substituted by No. 43/2021 s. 147.

114 Vesting of acquired land

(1) If the notice of acquisition for land acquired by a project authority under section 112 contains an express declaration that the land is to vest in the project authority, the land vests in the project authority under section 24 of the Land Acquisition and Compensation Act 1986.

S. 114(2) amended by No. 48/2024 s. 44(1).

(2) If the notice of acquisition does not contain an express declaration that the land is to vest in the project authority, the land vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986, despite anything to the contrary in that Act, as if a reference in that section to the Authority were a reference to the Crown.

(3) This section is subject to section 117.

115 Certain acquired land taken to be reserved

S. 115(1) amended by Nos 93/2009 s. 43(9), 49/2013 s. 53(2), 43/2021 s. 148(1).

(1) If a project authority acquires land and all alienated estates and interests in the land vest in the Crown under section 114, the land—

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

(b) is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the approved project.

S. 115(2) amended by No. 43/2021 s. 148(2).

(2) The reservation of land under subsection (1) may be amended, revoked and otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978 or any provision of this Act that provides for the reservation of Crown land to be amended, revoked or otherwise dealt with.

S. 116 amended by No. 43/2021 s. 149.

116 Acquisition of easement—easement in gross

If a project authority acquires any right in the nature of an easement or purporting to be an easement under section 112 or Division 1AA, that right must be taken to be an easement even though there is no land vested in the project authority or the Crown that is benefited by or capable of being benefited by that right.

S. 116A inserted by No. 48/2024 s. 20.

116A Extinguishment of acquired easements

(a) an interest in land described in a notice of acquisition is a right in the nature of an easement or purporting to be an easement; and

(b) the interest in land described in the notice of acquisition existed immediately before the publication of the notice of acquisition; and

(c) the notice of acquisition contains an express declaration that the interest in land described in the notice is to be extinguished.

(2) Despite section 24 of the Land Acquisition and Compensation Act 1986—

(a) the interest in land described in the notice of acquisition is extinguished immediately on publication of the notice in the Government Gazette; and

(b) to the extent necessary to give effect to the extinguishment, any interest that a person has in that interest in land is divested or diminished.

S. 117 substituted by No. 43/2021 s. 150.

117 Effect of extinguishment of utility easements

(1) This section applies if an easement of a utility, or a right in the nature of an easement of a utility, is extinguished by or as a result of any action taken under section 112 or Division 4, 6 or 8.

(2) The extinguishment of the easement or right does not remove—

(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 (other than an interest in real property) conferred by an enactment on a utility in relation to utility infrastructure.

(3) The extinguishment of the easement or right does not place a utility in breach of, or constitute a default or potential default under, any obligation, undertaking, warranty or covenant in any agreement, arrangement or understanding between the utility and a third party, including any provision prohibiting, restricting or regulating the assignment, transfer or disposal of any land.

118 Modification of Land Acquisition and Compensation Act 1986—general

S. 118(1) repealed by No. 43/2021 s. 151(1).

(2) Land in a project area is taken to have been reserved under a planning instrument for a public purpose for the purposes of section 5 of the Land Acquisition and Compensation Act 1986.

(3) Section 7(2) of the Land Acquisition and Compensation Act 1986 applies to an acquisition under section 112 as if in that section for "twelve months" there were substituted "3 months".

(4) Section 8(1) of the Land Acquisition and Compensation Act 1986 applies to an acquisition under section 112 as if for paragraph (e) there were substituted—

"(e) state that the land is within a project area within the meaning of the Major Transport Projects Facilitation Act 2009;".

S. 118(5) substituted by No. 43/2021 s. 151(2).

(5) Part 9 of the Land Acquisition and Compensation Act 1986 does not apply in relation to an approved project.

(6) Section 43 of the Land Acquisition and Compensation Act 1986 applies to an acquisition under section 112 as if after section 43(1)(b) there were inserted—

"(ba) any special suitability or adaptability of the land in which the acquired interest subsists for a purpose for which it could be used under the Major Transport Projects Facilitation Act 2009 for the purposes of an approved project within the meaning of that Act;".

S. 118(7) substituted by No. 43/2021 s. 151(3).

(7) Section 109 of the Land Acquisition and Compensation Act 1986 does not apply in relation to the disposal of any project land by the project authority.

S. 119 repealed by No. 43/2021 s. 152.

S. 120 amended by No. 49/2013 s. 54, repealed by No. 43/2021 s. 152.

S. 120A inserted by No. 49/2013 s. 55.

120A 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) land forming part of the project area had been reserved under a planning scheme for a public purpose, being the approved project; and

(b) the project authority was liable to pay any compensation under that Part that arises from that deemed reservation and no other planning authority, responsible authority, Minister or public authority was liable to pay compensation in respect of the designated land under that Part.

S. 120A(2) substituted by No. 43/2021 s. 153.

(2) No entitlement to compensation can arise under Part 5 of the Planning and Environment Act 1987 as applied by subsection (1) in relation to any land after it ceases to form part of the project area (whether by completion of the approved project or otherwise).

S. 120A(3) inserted by No. 43/2021 s. 153.

(3) If land ceases to form part of the project area (whether by completion of the approved project or otherwise), section 111 of the Planning and Environment Act 1987 applies as if the planning scheme had been amended to remove the reservation referred to in subsection (1)(a).

S. 121 repealed by No. 43/2021 s. 152.

S. 122 amended by No. 43/2021 s. 154.

122 Modification of Land Acquisition and Compensation Act 1986—regulations

Subject to section 113A, the regulations in force from time to time under the Land Acquisition and Compensation Act 1986 and the forms prescribed under those regulations apply in relation to the operation of this Division with such modifications as are necessary to give effect to this Division.

S. 123 amended by No. 43/2021 s. 155.

123 Transfer of building or structure as compensation

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

124 Adjoining land may be provided as compensation

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

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

(b) that is owned by the project 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 project authority.

(3) If the project authority and the owner cannot agree as to the value of the adjoining land, the value must be settled in the same manner and at the same time as the compensation to be paid to that owner.

Division 2—Acquisition of native title rights and interests

125 Application of Division

This Division applies in relation to an approved project if—

(a) section 24KA of the Native Title Act does not apply to the approved project; and

(b) the Project Minister makes an Order in respect of the approved project under section 126 requiring acquisition of any native title rights and interests.

126 Project Minister may order compulsory acquisition

(1) The Project Minister, by Order published in the Government Gazette, may determine that compulsory acquisition of native title rights and interests is necessary for the purposes of an approved project.

(2) An Order under this section takes effect on the day that it is published in the Government Gazette.

S. 126(3) inserted by No. 49/2013 s. 69(1).

(3) An Order under this section is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

127 Compulsory acquisition of native title rights and interests

(1) A project authority may acquire a native title right or interest in land in the project area by a compulsory process for the purposes of an approved project or any purpose connected with an approved project.

(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—

(a) the Major Transport Projects Facilitation Act 2009 is the special Act; and

(b) the project authority is the Authority.

S. 127(3) repealed by No. 43/2021 s. 156.

128 Acquired right or interest to vest in Crown

Any right or interest in land acquired by the project authority under section 127 vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that Act.

129 Procedure for acquisition

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

(2) If the procedure under section 24MD(6B) of the Native Title Act applies and an objection is not made under paragraph (d) of that subsection within 2 months after notice is given under that subsection, the project authority may compulsorily acquire the native title rights and interests.

(3) For the purposes of the application of the procedure under section 24MD(6B) of the Native Title Act in relation to the compulsory acquisition, VCAT is the independent body for hearing an objection under section 24MD(6B)(f) and sections 130 and 131 apply.

(4) If an objection is made under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition of native title rights and interests, the project authority may compulsorily acquire the native title rights and interests in the land if—

(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 VCAT.

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

(6) If VCAT makes a determination that the proposed compulsory acquisition not proceed, or proceed subject to conditions, the project authority must comply with that determination except as permitted by subparagraphs (i), (ii) and (iii) of section 24MD(6B)(g) of the Native Title Act.

130 Referral of objections to VCAT

(1) A person or body that makes an objection under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition of native title rights and interests may request the project authority to refer the objection to VCAT.

(2) A request under subsection (1) must be made within 5 months after notification under section 24MD(6B) of the Native Title Act of the proposed compulsory acquisition.

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

(4) The project authority is a party to a proceeding in VCAT in respect of an objection.

131 Determination of VCAT on objection

(1) VCAT may make any of the following determinations in respect of an objection referred to it under section 130—

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

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

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

(2) In making a determination, VCAT 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) To avoid doubt, a determination is not an order of VCAT for the purposes of the Victorian Civil and Administrative Tribunal Act 1998.

Compare section 79 of the Native Title Act.

132 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.

Division 3—Acquisition of land outside the project area

133 Power of project authority to purchase land

S. 133(1) amended by No. 43/2021 s. 157(a).

(1) A project authority may purchase land outside the project area for the purposes of an approved project or any purpose connected with an approved project.

(2) A project authority may purchase land outside the project area for the purpose of preservation, restoration or provision of native habitat.

S. 133(3) amended by No. 43/2021 s. 157(b).

(3) A project authority may purchase the whole of a parcel of land even if only part of the land is required for a purpose referred to in subsection (1) or (2).

S. 133(4) amended by No. 43/2021 s. 157(b).

(4) If a project authority acquires part of a parcel of land under section 112, it may purchase the rest of the parcel of land under this Division even if the rest of the parcel is not required for a purpose referred to in subsection (1) or (2).

S. 133(5) amended by No. 43/2021 s. 157(b).

(5) If an Order has been published under section 134 requiring a public authority to surrender land to the Crown or divesting land from a public authority, and at the time the public authority acquired the land it did not acquire the whole of the parcel of which the land formed part, the project authority may purchase the rest of the parcel of land under this Division even if the rest of the parcel is not required for a purpose referred to in subsection (1) or (2).

Division 4—Provision of public land and Council land

Pt 6 Div. 4 Subdiv. 1 (Heading) amended by No. 43/2021 s. 158.