Subdiv 7Dispute resolution

Subdivision 7—Dispute resolution S. 56ZA inserted by No. 81/2006 s. 72. 56ZA Who can determine matters referred to the Ministers? On the referral of a matter to them under this Division, the Minister and the Utility Minister must— (a) determine the matter; or (b) appoint a person to determine the matter. S. 56ZB inserted by No. 81/2006 s. 72. 56ZB What must be considered in determining a matter? In determining a matter, the decision-maker— (a) must have regard to— (i) any submission (whether written or oral) of the Link corporation or the Utility; and (ii) in the case of a matter referred under section 56C, the public interest in minimising the disruption of the services provided by the Utility; and (b) may have regard to any other information or material that the decision-maker thinks fit. S. 56ZC inserted by No. 81/2006 s. 72. 56ZC Requirements for determinations (1) A determination under this Subdivision must be in writing. (2) The decision-maker must ensure that the determination does not cause unreasonable delay or add unreasonable cost to the Link Upgrade Project. (3) Subject to this section, a determination must not be inconsistent with— S. 56ZD inserted by No. 81/2006 s. 72. 56ZD Determination to prevail over inconsistent laws If there is any inconsistency between a determination under this Subdivision and any other Act or law, the determination prevails to the extent of the inconsistency. Division 8—Emergency orders S. 56ZE inserted by No. 81/2006 s. 72. 56ZE Emergency orders S. 56ZE(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.26(a)). (1) The Head, Transport for Victoria may make an emergency order if the Head, Transport for Victoria is of the opinion that the order is necessary because of a danger to life or property arising out of the carrying out of works for the Link Upgrade Project on land in the Link Upgrade construction area. (2) An emergency order may require any person to do any one or more of the following things within a specified time or times— (a) to evacuate the land or any part of the land; (b) to stop the carrying out of works for the Link Upgrade Project on the land or any part of the land; (c) to carry out works to make any part of the Link Upgrade Project safe or to secure the land or any part of the land from access. S. 56ZE(3) amended by No. 49/2019 s. 186(Sch. 4 item 28.26(b)). (3) An emergency order must be in writing and may include any conditions that the Head, Transport for Victoria thinks fit. S. 56ZF inserted by No. 81/2006 s. 72, amended by No. 49/2019 s. 186(Sch. 4 item 28.27). 56ZF Service of emergency order The Head, Transport for Victoria must cause an emergency order under section 56ZE to be served on— (a) the Link corporation; and (b) the Minister; and (c) any person to whom it is directed— without delay after it is made. S. 56ZG inserted by No. 81/2006 s. 72. 56ZG Period of operation of emergency order An emergency order remains in force until— (a) it is complied with; or S. 56ZG(b) amended by No. 49/2019 s. 186(Sch. 4 item 28.28). (b) it is cancelled in writing by the Head, Transport for Victoria. S. 56ZH inserted by No. 81/2006 s. 72. 56ZH Offence to fail to comply with emergency order (1) A person to whom an emergency order is directed under this Division must comply with the emergency order. 1. 60 penalty units in the case of a natural person; 300 penalty units in the case of a corporation. (2) It is a defence to a prosecution of a person for an offence under this section if— (a) the person took all reasonable steps to comply with the emergency order; or (b) the person had a reasonable excuse for failing to comply with the emergency order. S. 56ZI inserted by No. 81/2006 s. 72, amended by Nos 37/2014 s. 10(Sch. item 111.2), 49/2019 s. 186(Sch. 4 item 28.29). 56ZI Request for police assistance The Head, Transport for Victoria may request the assistance of a police officer to evacuate an area that is subject to an emergency order. Division 9—Actions by public bodies S. 56ZJ inserted by No. 81/2006 s. 72. 56ZJ Bodies may be required to act (1) The Governor in Council, by Order published in the Government Gazette, may require a Department Head (within the meaning of the **Public Administration Act 2004**), a public statutory authority or a Council— (a) to carry out their functions in relation to the Link Upgrade area or anything done or to be done in the Link Upgrade area; and (b) to carry out those functions within a period specified in the Order. (2) The Department Head, authority or Council must comply with the requirement. (3) A requirement made under subsection (1) cannot vary a time or time limit prescribed by or under an Act. Division 10—Revocation of reservation and interim operation S. 56ZK inserted by No. 81/2006 s. 72. 56ZK Revocation of reservation on termination of licence S. 56ZK(1) amended by No. 28/2009 s. 88. (1) The Minister, after consultation with the Minister administering the **Crown Land (Reserves) Act 1978**, may recommend to the Governor in Council that the temporary reservation of land that was licensed under Division 3 be revoked on the termination of the licence as to that land. (2) After receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the reservation of the land. (3) An Order under subsection (2) has effect on the day that it is published in the Government Gazette. (4) On an Order under subsection (2) taking effect— (a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) if any part of the land is or is being used as a road— (i) that part of the land ceases to be a road; and (ii) all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and (c) if any part of the land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and S. 56ZK(4)(d) amended by No. 49/2019 s. 186(Sch. 4 item 28.30). (d) the appointment of the Head, Transport for Victoria as committee of management is revoked to the extent that it applies to the land. (5) Nothing in subsection (4) affects or extinguishes any right or interest created by operation of— (a) the Agreement; or (b) the Integration and Facilitation Agreement; or (c) the Exhibition Street Extension Agreement. S. 56ZL inserted by No. 81/2006 s. 72. 56ZL Interim operation (1) Subject to this section, if a temporary reservation of land is revoked under section 56ZK— (a) this Act applies to that land as if any reference in this Act to leased land or land leased under section 60 included a reference to that land; and (b) section 62 applies to that land as if any reference in that section to the grant of a lease under section 60 were a reference to the revocation under section 56ZK of the reservation in respect of that land. (2) The Minister may by Order published in the Government Gazette declare that this section no longer applies to that land. S. 56ZL(3) amended by No. 49/2019 s. 186(Sch. 4 item 28.31). (3) An Order under subsection (2) may direct that the land be vested in the Head, Transport for Victoria. (4) On the publication of an Order under subsection (2) in relation to land— S. 56ZL(4)(a) amended by No. 49/2019 s. 186(Sch. 4 item 28.31). (a) if the Order so directs, the land vests in fee simple in the Head, Transport for Victoria; and (b) this section ceases to apply to the land. (5) Unless it has already ceased to apply under subsection (4), this section ceases to apply to land on the grant of a lease of that land under section 60. Pt 2C (Headings and ss 56ZM–56ZP) inserted by No. 70/2016 s. 42. Part 2C—City Link Tullamarine Widening Project Division 1—Preliminary S. 56ZM inserted by No. 70/2016 s. 42. 56ZM Definitions In this Part— ***Landata*** means the integrated computerised information retrieval and property enquiry service in respect of Victorian land, its ownership and use; ***project land*** means the land more or less delineated within— (a) parcel number 1, 2, 3 and 4 on the Roads Corporation survey plan numbered SP23313 as in force from time to time; and (b) parcel number 1 on the Roads Corporation survey plan numbered SP23365 as in force from time to time; and (c) parcel number 20 and 21 on the Roads Corporation survey plan numbered SP23366 as in force from time to time; and (d) parcel number 2 and 4 on the Roads Corporation survey plan numbered SP23367 as in force from time to time; and (e) parcel number 1, 2, 3, 4, 5, 6, 7 and 8 on the Roads Corporation survey plan numbered SP23368 as in force from time to time; and (f) parcel number 1, 2, 3, 4, 5 and 7 on the Roads Corporation survey plan numbered SP23369 as in force from time to time; ***project licence*** means any licence in accordance with clause 4C.2 of the Agreement granted under— (a) section 17B of the **Crown Land (Reserves) Act 1978**; or (b) section 138 of the **Land Act 1958**; or (c) clause 9 of Schedule 5 to the **Road Management Act 2004**. S. 56ZN inserted by No. 70/2016 s. 42. 56ZN Plans of project land and project licence must be available for inspection S. 56ZN(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.32). (1) The Head, Transport for Victoria must cause the following plans to be available for inspection on the Internet website for Landata— (a) the Roads Corporation survey plan numbered SP23313; (b) the Roads Corporation survey plan numbered SP23365; (c) the Roads Corporation survey plan numbered SP23366; (d) the Roads Corporation survey plan numbered SP23367; (e) the Roads Corporation survey plan numbered SP23368; (f) the Roads Corporation survey plan numbered SP23369. S. 56ZN(2) amended by No. 49/2019 s. 186(Sch. 4 item 28.33). (2) The Head, Transport for Victoria must keep a copy of the project licence at its offices for any person to inspect during office hours free of charge. Division 2—Revocation of reservation on expiry of project licence S. 56ZO inserted by No. 70/2016 s. 42. 56ZO Revocation of reservation on expiry of project licence (1) Subject to subsection (2), the Minister, after consulting with the Minister administering the **Crown Land (Reserves) Act 1978**, may recommend to the Governor in Council that any temporary reservation of any part of the project land that is the subject of the project licence be revoked. (2) The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied— (a) that the project licence has expired; and (b) that the project land is unalienated Crown land; and (c) that, on the making of an Order under subsection (3), the project land will be unreserved Crown land. (3) After receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the reservation of the part of the project land. (4) An Order under subsection (3) takes effect on the day that it is published in the Government Gazette. (5) On an Order under subsection (3) taking effect— (a) the project land is deemed to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) if any part of the project land is or is being used as a road— (i) that part of the project land ceases to be a road; and (ii) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to that part of the project land cease; and (c) if any part of the project land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the project land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and S. 56ZO(5)(d) amended by No. 49/2019 s. 186(Sch. 4 item 28.34). (d) the appointment of the Head, Transport for Victoria as committee of management is revoked to the extent that it applies to the project land. (6) Nothing in subsection (5) affects or extinguishes any right or interest created by operation of the Agreement. S. 56ZP inserted by No. 70/2016 s. 42. 56ZP Interim operation (1) Subject to this section, if a temporary reservation of a part of the project land is revoked under section 56ZO— (a) this Act applies to the project land as if any reference in this Act to leased land or land leased under section 60 were to include a reference to the project land; and (b) section 62 applies to the project land as if any reference in that section to the grant of a lease under section 60 were a reference to the making of an Order under section 56ZO in respect of the project land. (2) The Minister may by Order published in the Government Gazette declare that subsection (1) no longer applies to the project land. S. 56ZP(3) amended by No. 49/2019 s. 186(Sch. 4 item 28.35). (3) An Order under subsection (2) may direct that the project land be vested in the Head, Transport for Victoria. (4) On the publication of an Order under subsection (2) in relation to the project land— S. 56ZP(4)(a) amended by No. 49/2019 s. 186(Sch. 4 item 28.35). (a) if the Order so directs, the project land vests in fee simple in the Head, Transport for Victoria; and (b) subsection (1) ceases to apply to the project land. (5) Unless it has already ceased to apply under subsection (4), subsection (1) ceases to apply to the project land on the grant of a lease of the project land under section 60. Pt 3 (Heading) substituted by No. 81/2006 s. 73.