201QAction by Registrar of Titles and Registrar-General

201Q Action by Registrar of Titles and Registrar-General (1) The publication of an order under section 201L brings the land under the operation of the **Transfer of Land Act 1958** if it is not already under that Act. (2) If an order is made under section 201L in relation to land, the Registrar of Titles, on being requested to do so and on production of the relevant order— (a) must make any recordings in the Register that are necessary because of the order; and (b) may create a folio of the Register recording the Secretary as the registered proprietor of the land. (3) If an order under section 201L or 201O affects theright, estate or interest of the registered proprietor of land in a folio of the Register under the **Transfer of Land Act 1958** in respect of an easement or restriction recorded on that folio or implied by statute appurtenant to the land, the Registrar of Titles on being requested to do so and on production of the relevant order, must delete from the folio the recording of that easement or restriction to the extent to which it has been extinguished. (4) If the description of any land under the operation of the **Transfer of Land Act 1958** or a folio of the Register is or may be affected by any order made under this Part closing a road or part of a road or removing an easement or restriction, the Registrar of Titles may make any amendment in that description or folio which is in his or her opinion necessary or desirable. S. 201Q(5) repealed by No. 85/1998 s. 24(Sch. item 45.10). Pt 9AB (Headings and ss 201QA–201QT) inserted by No. 48/2024 s. 45. Part 9AB—Precinct project development Division 1—Preliminary S. 201QA inserted by No. 48/2024 s. 45. 201QA Definitions ***applicable project area***, in relation to a precinct project, means— (a) if a project completion declaration is declaring that the whole of a precinct project is complete, the whole of the project area for the project; or (b) if a project completion declaration is declaring that part of a precinct project is complete, that part of the project area related to the completed part of the project; ***building*** includes— (a) a structure; and (b) a temporary building; and (c) a temporary structure; and (d) any part of a building or structure; and (e) a fence; and (f) a wall; and (g) an out-building; and (h) a service installation; and (i) other appurtenances of a building; ***Council*** has the same meaning as in the **Local Government Act 2020**; ***development*** includes— (a) the construction, extension, demolition, removal or excavation of precinct infrastructure or transport infrastructure; and (b) the decoration, construction or alteration of the inside or outside of, or the alteration of, precinct infrastructure or transport infrastructure; and (c) tunnelling in or under land; and (d) the subdivision or consolidation of land, including airspace or a building; and (e) the erection or removal of, or interference with, precinct infrastructure or transport infrastructure; and (f) any change to the natural or existing condition or topography of land; and (g) the removal, destruction or lopping of trees and the removal of vegetation or topsoil; and (h) land reclamation and land decontamination; and (i) the construction, installation or provision or operation of facilities or services; and (j) the placing or relocating of a building, precinct infrastructure or transport infrastructure on, in, under or over land; and (k) the construction or putting up for display of signs or hoardings; and (l) works within the meaning of the **Road Management Act 2004**; and (m) the relocation, deepening, widening or otherwise altering of a waterway; and (n) a form of development prescribed for the purposes of this paragraph; ***precinct infrastructure*** means infrastructure that is not transport infrastructure and includes— (a) a facility, building, fixture, fitting or permanent structure; and (b) art works; and (c) civic and open space infrastructure including parks and public spaces; and (d) telecommunication networks and services related to infrastructure; and (e) utility infrastructure; and (f) infrastructure that is prescribed for the purposes of this paragraph; and (g) infrastructure ancillary to, related to or required in connection with infrastructure set out in paragraphs (a) to (f); ***precinct project*** means a development or proposed development, or a works program or proposed works program, declared under section 201QB to be a precinct project; ***precinct project declaration*** means a declaration under section 201QB; ***precinct project declaration guidelines*** mean the guidelines prepared under section 201QF(1); ***project area***—see section 201QC(1)(a)(ii); ***project authority***, for a precinct project, means the public authority specified in the precinct project declaration for the precinct project; ***project completion declaration*** means a declaration under section 201QJ; ***Project Minister***, for a precinct project, means the Minister specified in the precinct project declaration for the precinct project; ***public authority*** means a person or body (including a trust) established by or under an Act for a public purpose other than a Council; ***rail infrastructure*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria); ***road infrastructure*** has the same meaning as in section 3(1) of the **Road Management Act 2004**; ***rolling stock*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria); ***temporary structure*** includes— (a) a booth, tent, marquee, or other temporary enclosure, whether or not a part of the booth, tent, marquee or enclosure is permanent; and (b) a seating structure whether enclosed or not, including a mobile seating structure; ***transport infrastructure*** means any of the following— (a) road infrastructure; (b) rail infrastructure; (c) infrastructure that is ancillary to, related to or in connection with the movement of persons or goods; (d) infrastructure that is ancillary to, related to or in connection with road infrastructure, including— (i) a bridge; and (ii) an underpass; and (iii) a tunnel; and (iv) a culvert; and (v) a level crossing; and (vi) a footpath; and (vii) a bicycle path; (e) an airport; (f) 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; (g) infrastructure related to public transport including carparks; (h) infrastructure that is prescribed for the purposes of this paragraph; (i) infrastructure ancillary to, related to or required in connection with infrastructure set out in paragraphs (a) to (h); ***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; ***works program*** means a program of works or developments or a program of both works and developments. Division 2—Precinct project declarations S. 201QB inserted by No. 48/2024 s. 45. 201QB Precinct project declaration (1) The Premier may declare a development or proposed development, or a works program or proposed works program, to be a precinct project. Section 41A of the **Interpretation of Legislation Act 1984** applies to the making of a declaration under subsection (1). (2) The Premier must not make a declaration under this section unless the Premier— (a) is satisfied that— (i) in the case of a development or proposed development, the development or proposed development is not prohibited by or under an applicable planning scheme; and (ii) in the case of a works program or proposed works program, the first part of that program is not prohibited by or under an applicable planning scheme; and (b) has assessed the development or proposed development, or works program or proposed works program, as a development or program that is of economic, social or environmental significance to— (i) the State; or (ii) a region of the State. (3) In addition, in the case of a works program or proposed works program, the Premier must not make a declaration under this section unless the Premier is satisfied that— (a) the works or developments that constitute, or will constitute, the works program or proposed works program, are, or will be, sufficiently connected to each other to justify the program being designated as a single precinct project; and (b) the majority of the works or developments within the program contain works that are not, or will not be, minor or routine. (4) For the purposes of subsection (2)(a), a development or proposed development, or a works program or proposed works program, is not prohibited by or under an applicable 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). (5) In making an assessment for the purposes of subsection (2)(b), the Premier must have regard to the precinct project declaration guidelines. S. 201QC inserted by No. 48/2024 s. 45. 201QC Content of precinct project declaration (1) The Premier must, in a precinct project declaration— (a) describe— (i) the precinct project; and (ii) the area of land for the purposes of the precinct project (the ***project area***); and (b) specify— (i) the Minister who is the Project Minister for the precinct project; and (ii) the public authority that is the project authority for the precinct project; and (iii) if the precinct project is a works program or proposed works program, the works or developments that constitute the program. (2) For the purposes of subsection (1)(a)(ii), the area of land that must be described for the purposes of a precinct project that is a works program or proposed works program is the area or areas of land for the purposes of the first part of the precinct project. (3) The Premier may specify in a precinct project declaration the date on which the declaration takes effect, which must be after the day on which it is published in the Government Gazette. (4) In addition, the Premier may specify the project area by reference to a plan. (5) The project authority that is specified for the precinct project is responsible for the project. S. 201QD inserted by No. 48/2024 s. 45. 201QD Publication of precinct project declaration (1) A precinct project declaration must be published in the Government Gazette. (2) In addition, a precinct project declaration must be published on an Internet site maintained by the Department of Premier and Cabinet as soon as practicable after the declaration takes effect. S. 201QE inserted by No. 48/2024 s. 45. 201QE When a precinct project declaration takes effect A precinct project declaration takes effect— (a) on the day the declaration is published in the Government Gazette; or (b) if the declaration specifies a date on which it is to take effect, on that date. S. 201QF inserted by No. 48/2024 s. 45. 201QF Precinct project declaration guidelines (1) The Premier must prepare guidelines for the assessment of a development or proposed development or works program or proposed works program as to whether the development or proposed development or works program or proposed works program is of economic, social or environmental significance to— (a) the State; or (b) a region of the State. (2) Precinct project declaration guidelines must be published in the Government Gazette. (3) Precinct project declaration guidelines take effect— (a) on the day they are published in the Government Gazette; or (b) if the guidelines specify a later day, on that day. S. 201QG inserted by No. 48/2024 s. 45. 201QG Premier to ensure consolidated version of precinct project declaration is available (1) This section applies if a precinct project declaration is amended by another precinct project declaration (an ***amending declaration***). (2) As soon as practicable after the amending declaration is published in the Government Gazette under section 201QD(1), the Premier must ensure that an up-to-date consolidated version of the precinct project declaration (as amended by the amending declaration) is prepared incorporating those amendments. (3) The Premier must cause the up-to-date consolidated version of the precinct project declaration prepared under subsection (2) to be— (a) available for inspection by any person free of charge during office hours at the principal office of the Department of Premier and Cabinet; and (b) published on an Internet site maintained by the Department of Premier and Cabinet. (4) A failure to comply with this section does not affect the operation or effect of the amending declaration published in the Government Gazette under section 201QD(1). S. 201QH inserted by No. 48/2024 s. 45. 201QH Interrelationship with Major Transport Projects Facilitation Act 2009 On the taking effect of a precinct project declaration, Parts 5, 6 (except Division 2), 7 and 9 of the **Major Transport Projects Facilitation Act 2009** apply to the precinct project described in the precinct project declaration and for that purpose— (a) a reference to an approved project or declared project under that Act is to be read as a reference to the precinct project described in the precinct project declaration; and (b) a reference to the project area under that Act is to be read as a reference to the project area specified in the precinct project declaration; and (c) a reference to the project authority under that Act is to be read as a reference to the project authority specified in the precinct project declaration; and (d) a reference to a project declaration under that Act is to be read as a reference to the precinct project declaration; and (e) a reference to project land under that Act is to be read as a reference to the project area described in the precinct project declaration; and (f) a reference to the Project Minister under that Act is to be read as a reference to the Project Minister specified in the precinct project declaration; and (g) a reference to development under that Act is to be read as reference to development within the meaning of section 201QA; and (h) a reference to non-transport infrastructure under that Act is to be read as reference to precinct infrastructure; and (i) a reference to transport infrastructure under that Act (except section 101(1)(k)) is to be read as reference to transport infrastructure within the meaning of section 201QA; and (j) a reference to transport infrastructure under section 101(1)(k) of that Act is to be read as reference to transport infrastructure or precinct infrastructure within the meaning of section 201QA. Division 3—Completion of precinct projects S. 201QI inserted by No. 48/2024 s. 45. 201QI Notification of completion of precinct project or a part of a precinct project (1) A project authority for a precinct project must notify, in writing, the Project Minister of the completion of a precinct project or part of a precinct project. (2) A notice under subsection (1) must identify the project area that relates to the precinct project or part of a precinct project that has been completed. S. 201QJ inserted by No. 48/2024 s. 45. 201QJ Project completion declaration The Project Minister for a precinct project may declare that a precinct project, or part of a precinct project, is complete. S. 201QK inserted by No. 48/2024 s. 45. 201QK Content of project completion declaration A project completion declaration— (a) must— (i) identify the precinct project or the part of a precinct project that is complete; and (ii) identify the applicable project area; and (iii) describe any land reserved for a public purpose by or under this Act or any other Act for the purposes of the identified precinct project that will not be reserved for a public purpose on the declaration taking effect; and (b) may specify any one or more of the following— (i) the date on which the declaration takes effect, which must be after the day on which it is published in the Government Gazette; (ii) any matter that the Minister considers relevant. S. 201QL inserted by No. 48/2024 s. 45. 201QL Publication of project completion declaration (1) A project completion declaration must be published in the Government Gazette. (2) In addition, the Project Minister must cause a project completion declaration to be published on an Internet site maintained by the Department of Transport and Planning as soon as practicable after the declaration takes effect. S. 201QM inserted by No. 48/2024 s. 45. 201QM When project completion declaration takes effect A project completion declaration takes effect— (a) on the day the declaration is published in the Government Gazette; or (b) if the declaration specifies a date on which it is to take effect, on that date. S. 201QN inserted by No. 48/2024 s. 45. 201QN Project authority ceases to have functions in relation to applicable project area under the Major Transport Projects Facilitation Act 2009 On and after the taking of effect of a project completion declaration— (a) any applicable project area ceases to be a project area or part of a project area for the precinct project; and (b) the project authority cannot perform any function or exercise any power under the **Major Transport Projects Facilitation Act 2009** in respect of any applicable project area. Under section 201QH, on the taking effect of a precinct project declaration, Parts 5, 6 (except Division 2), 7 and 9 of the **Major Transport Projects Facilitation Act 2009** apply to the precinct project described in the precinct project declaration and the project area (as defined under section 201QC(1)(a)(ii)) is taken to be a project area within the meaning of the **Major Transport Projects Facilitation Act 2009**. Division 4—Special precinct project development related functions and powers S. 201QO inserted by No. 48/2024 s. 45. 201QO Power to enter land by persons authorised by Secretary (1) An authorised person may enter land for the purpose of doing all things necessary and convenient to carry out surveys or investigations— (a) for the purposes of, or connected to, development planning or assessing development feasibility or costs; or (b) that are preparatory to the declaration of a precinct project. (2) Without limiting subsection (1), an authorised person may do any of the following on the land— (a) undertake geotechnical and site survey work; (b) undertake archaeological and cultural heritage investigations; (c) undertake ecological surveys; (d) undertake flora and fauna surveys and take samples of plants; (e) undertake utilities surveys; (f) undertake contamination investigations; (g) determine site conditions (including undertaking noise monitoring and preparing condition reports); (h) dig or bore into the land and take samples of soil, rock, ground water or minerals. (3) The Secretary to the Department must give to the occupier of the land, and if the occupier is not the owner, the owner of the land— (a) written notice of the intention to enter the land; and (b) a statement of the principal rights and obligations of the occupier or owner (as the case may be) under this Part— at least 7 days before the land is entered under subsection (1). (4) An authorised person may enter land under this section earlier than the expiration of 7 days if the occupier consents to the entry. (5) The Secretary to the Department need not give notice in writing under this section in an emergency. (6) An authorised person must not under this section enter land used primarily for residential purposes except between 7.30 a.m. and 6.00 p.m. unless the occupier consents to the entry. (7) In exercising a power under subsection (1) or (2), an authorised person must— (a) identify themselves by producing the identity card issued to that person under section 201QP; and (b) cause as little harm and inconvenience as possible; and (c) not stay on the land for any longer than it is reasonably necessary; and (d) remove from the land anything brought on to the land by the authorised person in the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there; and (e) leave the land as nearly as possible in the condition in which the authorised person found it; and (f) co-operate as much as possible with the owner and any occupier of the land. (8) An authorised person may be accompanied by any assistants, vehicles, machinery or equipment for a purpose referred to in subsection (1) or (2). (9) The Secretary to the Department is liable to pay compensation (other than rent) to a person with an interest in the land entered under this section if, as a direct, natural and reasonable consequence of the entry, the person— (a) sustained pecuniary loss; or (b) incurred any expense. (10) Compensation under subsection (9) must be claimed and dealt with in accordance with the **Land Acquisition and Compensation Act 1986**, as if it were a claim under section 47(1) of that Act. S. 201QP inserted by No. 48/2024 s. 45. 201QP Authorised persons for the purposes of section 201QO (1) The Secretary to the Department, by instrument, may authorise a person to enter land for the purposes of section 201QO. (2) The Secretary to the Department must issue an identity card to each person authorised under this section. (3) An identity card must contain a photograph of the person to whom it is issued. Division 5—Utility interface S. 201QR inserted by No. 48/2024 s. 45. 201QR Utility interface powers in relation to planning development of precincts (1) For the purposes of planning a development or proposed development, or works program or proposed works program, that may be declared to be a precinct project, the Secretary to the Department has the functions and powers of a project authority under Divisions 1 and 2 of Part 7 of the **Major Transport Projects Facilitation Act 2009**. (2) For the purposes of subsection (1)— (a) a reference to a project authority is to be read as a reference to the Secretary to the Department; and (b) a reference to the development of the declared project is to be read as a reference to the development or proposed development, or works program or proposed works program, within an area or areas specified in a notice under section 201QS; and (c) section 211A(2)(a) of the **Major Transport Projects Facilitation Act 2009** is to be read as if for "that the project authority considers may form part of the project area" there were substituted "that are specified in a notice published by the Secretary to the Department under section 201QS". (3) If before a precinct project declaration takes effect, the Secretary to the Department performs a function or exercises a power under subsection (1) in relation to utility infrastructure in an area that becomes the project area or part of a project area specified under the declaration, on the taking effect of the declaration— (a) the performance of the function or exercise of the power is taken to have been exercised or performed by the project authority for the precinct project under Part 7 of the **Major Transport Projects Facilitation Act 2009** for the purposes of the precinct project described in that declaration; and (b) a reference to the Secretary in any notice given by the Secretary under section 211A of the **Major Transport Projects Facilitation Act 2009** is to be read as reference to the project authority for the precinct project. S. 201QS inserted by No. 48/2024 s. 45. 201QS Specification of area or areas of land for purposes of Division (1) The Secretary to the Department, by notice published in the Government Gazette, may specify an area or areas of land— (a) that the Secretary considers may form part of a project area for a precinct project; and (b) in respect of which the Secretary considers powers under Divisions 1 and 2 of Part 7 of the **Major Transport Projects Facilitation Act 2009** should be exercised with respect to a development or proposed development or works program or proposed works program. (2) In addition, the Secretary must cause the content of the notice to be published on an Internet site maintained by the Department of Transport and Planning as soon as practicable after the notice is published in the Government Gazette. Division 6—Miscellaneous S. 201QT inserted by No. 48/2024 s. 45. 201QT Agreements for land within or anticipated to be within a project area (1) This section applies if the Secretary to the Department, on behalf of the Crown, alone or jointly with any other person enters into an agreement with another person concerning the use or development of any land— (a) within a project area for a precinct project; or (b) that is anticipated to be within a project area for a precinct project. (2) Division 2 of Part 9 applies to the agreement as if— (a) that agreement were an agreement under that Division; and (b) that Division referred to the Secretary to the Department instead of the responsible authority for the planning scheme; and (c) references to development in that Division were references to development within the meaning of this Part; and (d) section 174(2)(c) were omitted. Pt 9B (Headings and ss 201R–201VC) inserted by No. 23/2010 s. 9. Part 9B—Growth areas infrastructure contribution Division 1—Introductory Subdivision 1—Definitions S. 201R inserted by No. 23/2010 s. 9.