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 ;
Section 3 - Major Transport Projects Facilitation Act 2009 - Definitions | Zoe
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 of Central Plan Office amended by No. 70/2013 s. 4(Sch. 2 item 28), repealed by No. 53/2017 s. 83.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).