21Definitions

21 Definitions (1) In this Part— S. 21(1) def. of *approved Utility agreement* amended by No. 49/2019 s. 186(Sch. 4 item 28.5(a)). ***approved Utility agreement*** means a Utility agreement that is approved by the Head, Transport for Victoria under section 52; ***construction permit*** means a construction permit issued under Division 4; ***decision-maker***, in Division 7, means— (a) the Minister and the Utility Minister; or (b) a person appointed under section 56ZA; ***Link Upgrade area*** has the same meaning as it has in Schedule 5A to the **Road Management Act 2004**; ***Link Upgrade construction area*** means land for which a construction permit is issued; ***Link Upgrade construction work*** means work for the construction of the Link Upgrade Project; ***Link Upgrade licensed land*** means land that is the subject of a licence issued under Division 3; ***M1 Redevelopment Project*** has the same meaning as it has in Schedule 5A to the **Road Management Act 2004**; ***notified Utility infrastructure*** means Utility infrastructure— (a) that is identified under section 54; or (b) that has been notified under section 56; ***rectification*** includes repair, replacement and reinstatement; ***reserved Link Upgrade land*** means land that under Schedule 5A to the **Road Management Act 2004** is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the Link Upgrade Project; ***unnotified Utility infrastructure*** means Utility infrastructure— (a) that has not been identified under section 54; or (b) that has not been notified under section 56; S. 21(1) def. of *Utility* amended by No. 17/2009 s. 31, substituted by No. 6/2010 s. 203(1) (Sch. 6 item 31.6(a)) (as amended by No. 45/2010 s. 22), amended by Nos 61/2011 s. 25(Sch. 1 Item 6), 22/2013 s. 61, 41/2019 s. 117(Sch. 1 item 9.1), 49/2019 s. 186(Sch. 4 item 28.5(b)). ***Utility*** means— (a) a utility within the meaning of the **Road Management Act 2004**; or (b) a provider of public transport within the meaning of the **Road Management Act 2004**; or (c) the Head, Transport for Victoria; or (d) a rail transport operator within the meaning of the Rail Safety National Law (Victoria); ***Utility agreement*** means an agreement entered into under section 49 and, if that agreement is amended under section 53, that agreement as so amended; S. 21(1) def. of *Utility infrastructure* amended by No. 6/2010 s. 203(1) (Sch. 6 item 31.6(b)) (as amended by No. 45/2010 s. 22). ***Utility infrastructure*** means any part of the supply, distribution or reticulation network operated or managed by a Utility, including— (a) poles, pipes, cables, wires, conduits and tunnels; and (b) rail infrastructure and tram infrastructure (both within the meaning of the **Rail Management Act 1996**); ***Utility Minister*** in relation to a Utility, means the Minister for the time being administering any Act— (a) under which a Utility is authorised to provide an infrastructure service; or (b) that regulates the provision by the Utility of an infrastructure service; ***works*** has the same meaning as it has in the **Road Management Act 2004**. (2) The Premier may determine a Minister as the Utility Minister for a Utility and if a determination is made that Minister is deemed to be the Utility Minister for that Utility for the purposes of this Part. Pt 2B Div. 2 (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 28.6). Division 2—General powers of the Head, Transport for Victoria S. 22 (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 28.7). New s. 22 inserted by No. 81/2006 s. 72.