Victoria act

Project Development and Construction Management Act 1994

In ForceVIC

Jurisdiction

Victoria

Collection

act

Plain English Summary

8/10 complexity

Creates a statutory toolbox to nominate priority development projects and empower designated facilitating agencies and a corporate Secretary to plan, finance, acquire land, enter commercial arrangements, form entities and manage project delivery.

It enables compulsory acquisition and land‑transfer orders, allows Treasurer tax exemptions and guarantees, and concentrates decision‑making in the Governor in Council, Ministers and the Treasurer — affecting the Crown, facilitating agencies and private land or contract holders who may face surrender, compensation and confidentiality obligations.

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What it does

This Act creates a statutory framework for the nomination, facilitation, construction management, land assembly and transfer of major development projects in Victoria. It does so by enabling the Governor in Council to declare a development a "nominated project" (s 6), to specify which provisions of Part 3 apply to a project and to designate a facilitating agency and responsible Minister in the nomination and application orders (ss 7-8). The Act gives facilitating agencies broad contracting and corporate participation powers for nominated projects (ss 14-16), and a range of land acquisition, possession, disposal and road-making powers (ss 17-25). It also establishes a body corporate, the Secretary, Project Development, comprised of the Department Head of a declared Department (s 41A), and sets out that body’s functions, powers, delegation rules and Ministerial control (ss 41B-41F).

Financially, the Act allows the Treasurer to grant tax or charge exemptions or deferments for matters relating to nominated projects (s 26), to give guarantees, indemnities and covenants in relation to project contracts (s 27), and for facilitating agencies to be deemed authorities for borrowing and investment powers where an application order so provides (s 28). For public construction, the Minister may set standards and issue directions that govern design, tendering, procurement and project delivery practices for Departments and public bodies (ss 29-34). The Act contains criminal and administrative controls on improper use and disclosure of project information (ss 42-43), and a suite of transitional provisions dealing with transfer of property, rights and liabilities between corporate Secretaries and transport bodies, with certificates by Department Heads admissible as proof of transfers (Part 7, ss 48-75L, ss 59, 72, 75K).

Mechanically, the Act creates a conditional overlay: Part 3’s land, contract, financial and powers only apply to a nominated project where the application order specifies they apply (s 5(1)-(3)). Governor in Council orders may be amended or revoked (s 8A) and must be tabled with a statement of reasons (s 9). The Act also validates and preserves the effect of transfers and substitutions of parties to agreements (numerous provisions in Parts 7-8, e.g. ss 51, 64, 75C). It preserves continuity by providing that transfers and changes effected under the Act are not to be regarded as placing persons in breach of contract or giving rise to termination rights (ss 60, 73, 75L, 75ZB).

Current sections

Direct links to the current provisions in Project Development and Construction Management Act 1994.

129

Div 3

Change of name of declared Department 74

Division 3—Change of name of declared Department 74

75ZC Application of Division 74

75ZD Change of name of declared Department 74

Part 9—Transitional and saving provisions 75

76 Confirmation of nomination order 75

77 Confirmation of direction 75

79A Body corporate is dissolved 76

Schedule—Major state projects 77

Endnotes 78

1 General information 78

2 Table of Amendments 80

3 Explanatory details 83

Version No. 047

Project Development and Construction Management Act 1994

No. 101 of 1994

Version incorporating amendments as at

The Parliament of Victoria enacts as follows:

Part 1

Preliminary

Part 1—Preliminary

Purposes

1 Purposes

The main purposes of this Act are—

(a) to facilitate certain development projects in Victoria;

(b) to provide for the setting of standards and the issuing of directions in relation to public construction;

S. 1(c) amended by No. 46/1998
s. 7(Sch. 1), repealed by No. 27/2009 s. 18(2).

S. 1(d) amended by No. 46/1998
s. 7(Sch. 1), repealed by No. 30/2020 s. 3(1).

S. 1(da) inserted by No. 72/2000 s. 4, substituted by No. 27/2009 s. 18(1), amended by No. 30/2020 s. 3(2).

(da) to establish the Secretary, Project Development as a body corporate;

S. 1(db) inserted by No. 72/2000 s. 4, substituted by No. 27/2009 s. 18(1), repealed by No. 30/2020 s. 3(1).

(e) to amend the Bayside Project Act 1988;

(f) to repeal the Public Lands and Works Act 1964.

Commencement

2 Commencement

(1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation within the period of 6 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

Definitions

3 Definitions

(1) In this Act—

application order means an order under section 8;

building includes—

(a) a structure and part of a building or a structure; and

(b) fences, walls, out-buildings, service installations and other appurtenances of a building; and

S. 3(1) def. of declared Department inserted by No. 30/2020 s. 4(a).

declared Department means a Department declared under section 5AA;

S. 3(1) def. of department substituted by No. 46/1998
s. 7(Sch. 1), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 163.1), 37/2014 s. 10(Sch. item 133), substituted as Department by No. 30/2020 s. 4(b).

Department means—

(a) a Department within the meaning of section 4(1) of the Public Administration Act 2004; or

(b) an office or body specified in section 16(1) of that Act;

S. 3(1) def. of Department Head inserted by No. 30/2020 s. 4(a).

Department Head means a Department Head within the meaning of section 4(1) of the Public Administration Act 2004;

development includes—

(a) the construction or carrying out, extension, demolition or removal of a building or works;

(b) the decoration or alteration of the inside or outside of a building or the alteration of works;

(d) the installation or provision or operation of facilities or services;

(e) the relocation, deepening or widening of a waterway;

directions mean directions issued under section 30;

enactment means a rule, regulation, by-law, order, Order in Council, proclamation or other instrument of a legislative character;

facilitating agency in relation to a nominated project means the public statutory corporation specified in the nomination order as the facilitating agency for that project;

function includes power, discretion, authority and duty;

S. 3(1) def. of limitations amended by No. 46/1997
s. 4(2).

limitations, in relation to land, means trusts, reservations, restrictions, exceptions, encumbrances, limitations, rights, privileges, estates and interests;

nominated project means a development or proposed development declared by a nomination order to be a project to which this Act applies;

nomination order means an order under section 6;

S. 3(1) def. of public body substituted by No. 43/1995 s. 23(a).

public body in Part 3 or Part 4 means—

(a) a public statutory authority;

(b) a State business corporation within the meaning of the State Owned Enterprises Act 1992;

(i) established by or under an Act or enactment; or

(ii) established by the Governor in Council or a Minister—

and that is declared by the Minister, by notice published in the Government Gazette, to be a body or office to which that Part applies;

S. 3(1) def. of public construction amended by No. 30/2020 s. 4(c).

public construction means any matter relating to the construction, maintenance, rehabilitation, alteration, extension or demolition of any improvements on land by, or on behalf of, Departments or public bodies and includes—

(a) design and construction practices;

(b) tendering processes;

(d) contract administration;

public statutory corporation means any corporation established by or under an Act for a public purpose other than a municipal council;

responsible Minister, in relation to a nominated project, means the Minister specified in the nomination order as the Minister responsible for that project;

road includes bridge, highway, street, lane, footway, square, court, alley or right of way, whether accessible to the public generally or not;

S. 3(1) def. of Secretary repealed by No. 72/2000 s. 5(1)(a).

S. 3(1) def. of Secretary, Project Development inserted by No. 3/2020 s. 4(a).

Secretary, Project Development means the body corporate established under section 41A;

to the Department of Infrastructure* inserted by No. 72/2000 s. 5(1)(a), repealed by No. 27/2009 s. 19(2).

to the Department of Innovation, Industry and Regional Development* inserted by No. 27/2009 s. 19(1), repealed by No. 30/2020 s. 4(d).

to the Department of State and Regional Development* inserted by No. 72/2000 s. 5(1)(a), repealed by No. 16/2003 s. 22.

standards means standards set under section 29;

S. 3(1) def of the Department amended by No. 46/1997
s. 4(1), repealed by No. 72/2000 s. 5(1)(b).

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 and land reclamation and land decontamination.

S. 3(2) amended by Nos 46/1998
s. 7(Sch. 1), 72/2000 s. 5(2)(a)(b), 108/2004 s. 117(1) (Sch. 3 item 163.2), repealed by No. 27/2009 s. 19(3).

Crown bound

4 Crown bound

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.

Application of Act

5 Application of Act

(1) A provision of Part 3 does not apply to a nominated project unless that provision is specified in an application order in relation to the project.

(2) A provision of Part 3 does not apply to a facilitating agency unless that provision is specified in an application order in relation to the agency.

S. 5(3) amended by No. 46/1997
s. 5.

(3) Section 19, 20, 22, 23 or 24 does not apply to the responsible Minister unless that provision is specified in an application order in relation to the Minister.

S. 5(4) amended by Nos 72/2000 s. 6, 30/2020 s. 5.

(4) A function conferred on a Minister or facilitating agency by an application order is additional to and does not derogate from any other function of the Minister or agency under Part 5A or any other Act or law.

S. 5AA inserted by No. 30/2020 s. 6.

5AA Declaration of declared Department

(1) The Governor in Council, by Order in Council published in the Government Gazette, may declare a Department to be the declared Department for the purposes of section 41A.

(2) An Order under subsection (1) must specify the date on which the declaration takes effect.

(3) An Order under subsection (1) revokes any other Order made under that subsection that is in effect immediately before that Order takes effect.

S. 5A inserted by No. 6/2010 s. 25(5)(Sch. 2 item 11) (as amended by No. 45/2010 s. 6).

Transport Integration Act 2010

5A Transport Integration Act 2010

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

Part 2

Nomination of projects

Part 2—Nomination of projects

Nomination order

6 Nomination order

The Governor in Council, on the recommendation of the Premier, may, by order published in the Government Gazette, declare a development or proposed development to be a project to which this Act applies.

S. 7 substituted by No. 46/1997
s. 6.

Contents of order

7 Contents of order

A nomination order must specify—

(a) the Minister who is to be responsible for the nominated project; and

(b) if there is to be a facilitating agency for the nominated project, the public statutory corporation which is to be that facilitating agency.

S. 8 substituted by No. 46/1997
s. 7.

Application order

8 Application order

The Governor in Council, on the recommendation of the Premier, by order published in the Government Gazette relating to a nominated project—

(a) may specify the provisions of Part 3 which are to apply in relation to the nominated project;

(b) if there is a facilitating agency for the nominated project, may specify the provisions of Part 3 which are to apply to that facilitating agency;

(c) may specify that all or any of sections 19, 20, 22, 23 and 24 apply in relation to the responsible Minister for the nominated project;

(d) may specify an area of land for the purposes of the nominated project;

(e) may specify any other matter permitted by this Act to be specified in an order under this section.

S. 8A inserted by No. 16/2003 s. 23.

Orders may be amended or revoked

8A Orders may be amended or revoked

(1) The Governor in Council, on the recommendation of the Premier, by order published in the Government Gazette, may—

(a) amend a nomination order or an application order; or

(b) revoke a nomination order or an application order.

(2) An order under subsection (1) which amends a nomination order may substitute a facilitating agency specified in the nomination order.

(3) An order under subsection (1) may provide for any matter necessary or convenient to give effect to the order including, but not limited to, the transfer, apportionment, settlement or determination of any property, income, assets, rights, liabilities or other matters.

S. 9 substituted by No. 46/1997
s. 8.

Tabling of orders

9 Tabling of orders

The Premier must cause—

(a) a copy of each nomination order, together with a statement signed by the Premier of reasons for the making of the order; and

S. 9(b) amended by No. 16/2003 s. 24(1).

(b) a copy of each application order; and

S. 9(c) inserted by No. 16/2003 s. 24(2).

to be laid before each House of Parliament within 14 sitting days after the order is made.

S. 10
repealed by No. 46/1997
s. 9.

Delegation by facilitating agency

11 Delegation by facilitating agency

(1) A facilitating agency may by instrument delegate all or any of its functions under this Act in respect of a nominated project to—

(a) an officer of or the holder of any office or position in the facilitating agency; or

S. 11(1)(ab) inserted by No. 30/2020 s. 7(1).

(ab) an officer of or the holder of any office or position in the declared Department, if the facilitating agency is the Secretary, Project Development; or

(b) with the consent of the Minister, to any other person or body or to the holder of any other office.

(2) If—

(a) a function referred to in section 14 is delegated under subsection (1) to a person or body or the holder of an office or position; and

(b) the instrument of delegation authorises the sub-delegation of the function—

then, subject to any conditions to which the delegation is subject, the delegate may sub-delegate the function to—

S. 11(2)(ca) inserted by No. 30/2020 s. 7(2).

(ca) an officer of or the holder of any office or position in the declared Department, if the facilitating agency is the Secretary, Project Development; or

(d) with the consent of the Minister, to any other person or body or to the holder of any other office or position—

but may not sub-delegate a power of delegation.

(3) The Minister's consent under this section may be in respect of a class or classes of persons or bodies or offices.

Responsible Minister's directions

12 Responsible Minister's directions

(1) The responsible Minister may give a facilitating agency written directions in relation to a nominated project.

(2) A facilitating agency must comply with any directions under this section in carrying out its functions under this Act in relation to the nominated project.

(3) An agreement or arrangement or contract entered into under this Act in contravention of subsection (2) is not void only because of that contravention.

Treasurer's directions

13 Treasurer's directions

(1) The Treasurer may give a facilitating agency written directions in relation to any matter relating to the financing of a nominated project if the Treasurer is of the opinion that that matter may involve any direct or indirect or contingent liability to the State.

(2) A facilitating agency must comply with any directions under this section in carrying out its functions under this Act in relation to a nominated project.

(3) An agreement or arrangement or contract entered into under this Act in contravention of subsection (2) is not void only because of that contravention.

Part 3—Provisions relating to nominated projects

Division 1—Agreements and arrangements

14 Contracts and agreements

A facilitating agency may enter into contracts and agreements and other arrangements with any person for the purposes of a nominated project, other than arrangements referred to in section 15.

Arrangements

15 Arrangements

(1) A facilitating agency, with the approval of the Treasurer, may do all or any of the following for the purposes of a nominated project—

(a) form or participate in the formation of, a corporation, trust, partnership or other body;

(b) subscribe for, or otherwise acquire, and hold and dispose of shares in, or debentures or other securities of, a corporation;

(d) acquire and hold and dispose of an interest in a partnership or other body;

(e) enter into any contract, agreement or arrangement with a person for the sharing of profits, union of interest, co-operation, joint venture, reciprocal concessions or otherwise.

(2) Subsection (1) applies whether a person or body referred to in that subsection or a party to a contract or arrangement under subsection (1)(e) is formed or carries on business in Victoria or elsewhere.

(3) An approval under this section may be given for a particular case or class of cases.

Reciprocal arrangements with public sector agencies

16 Reciprocal arrangements with public sector agencies

S. 16(1) amended by No. 30/2020 s. 8.

(1) A facilitating agency, for the purpose of a nominated project, may enter into an agreement or arrangement with a Minister, government Department or public body (public sector agency) concerning—

(a) the carrying out by the facilitating agency and the public sector agency of any of their respective functions; or

(b) the carrying out or providing by the facilitating agency for the public sector agency, or by the public sector agency for the facilitating agency, of any works or services; or

(c) the use or joint use by the facilitating agency and the public sector agency of their respective facilities or the services of their respective staff; or

(d) the allocation of funds collected under the agreement or arrangement.

(2) The facilitating agency must consult with the Treasurer before entering into an agreement or arrangement which provides for the allocation of funds to be collected under the agreement or arrangement.

Div 2

Obtaining land

Division 2—Obtaining land

Grant of land to facilitating agency

17 Grant of land to facilitating agency

(1) The Governor in Council on behalf of the Crown may grant to a facilitating agency for the purposes of a nominated project for an estate in fee simple—

S. 17(1)(a) amended by No. 46/1997
s. 10.

(a) land divested or surrendered under section 18 or 18A; or

(b) any other unalienated land of the Crown that is not reserved under the Crown Land (Reserves) Act 1978.

(2) A grant of land—

(a) under subsection (1)(a) must be made on the recommendation of the responsible Minister;

(b) under subsection (1)(b) must be made on the recommendation of the Minister administering Part IX of the Land Act 1958.

(3) The Governor in Council may, as a condition of granting land to a facilitating agency, require it to agree to pay into the Consolidated Fund or, if the land was surrendered by or divested from a public body, to that body, an amount or amounts at the times or over the period determined by the Governor in Council.

(4) A condition under subsection (3) may only be imposed on the joint recommendation of—

(a) the responsible Minister and the Minister responsible for the public body, in the case of land surrendered by or divested from a public body; or

(b) the responsible Minister and the Minister administering Part IX of the Land Act 1958, in any other case.

(5) The grant—

(a) if it is of land covered with waters of the sea, must be to a depth not greater than 60 metres below high water mark; and

(b) if it is for other land, must be to a depth not greater than 60 metres below the surface of the land; and

(6) Land may be granted to a facilitating agency with or without consideration being given by the facilitating agency.

(7) Sections 339A and 339B of the Land Act 1958 apply to a grant of land under this section as if it were a grant of land in fee simple under that Act.

Surrender or divesting of land of other bodies

18 Surrender or divesting of land of other bodies

(1) The Governor in Council, by order published in the Government Gazette, may—

(a) require a public body in which land is vested to surrender it to the Crown; or

(b) divest land from a public body—

for the purposes of a nominated project.

S. 18(2) amended by No. 43/1995 s. 23(b).

(2) Subsection (1) does not apply to land which is reserved under the Crown Land (Reserves) Act 1978.

(3) A public body must comply with a requirement under subsection (1)(a).

(4) On—

(a) the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of land that a public body is required to surrender under subsection (1)(a); or

(b) the publication in the Government Gazette of an order under subsection (1)(b)—

the land concerned is deemed to be unalienated land of the Crown and is freed and discharged from all limitations.

(5) The Governor in Council, by order published in the Government Gazette, may make any amendments to any land description in any Act or subordinate instrument that are necessary because of the divesting or surrender of land under this section.

(6) A power may only be exercised under subsection (1) or (5) on the joint recommendation of the responsible Minister and the Minister administering the Act under which the public body is established.

S. 18A inserted by No. 46/1997
s. 11.

18A

Surrender of interests in unreserved Crown land

18A Surrender of interests in unreserved Crown land

(1) The responsible Minister may recommend to the Governor in Council that—

(a) the interests (if any) in any Crown land; and

(b) the prescribed contractual rights (if any) relating to any Crown land—

which is part of an area specified in an application order for a nominated project be surrendered to the Crown or extinguished.

(2) The responsible Minister may make a recommendation under subsection (1) on—

(a) receiving a plan of the land signed by the Surveyor-General; and

(b) being satisfied that the land shown on the plan represents land—

(i) the interests (if any) in which are to be surrendered to the Crown; and

(ii) in relation to which prescribed contractual rights (if any) are to be extinguished.

(3) This section does not apply to land which is reserved under the Crown Land (Reserves) Act 1978.

(4) On receiving the responsible Minister's recommendation, the Governor in Council may, by order published in the Government Gazette, declare that—

(a) the interests (if any) in the land shown on the plan are surrendered to the Crown; and

(b) the prescribed contractual rights (if any) in relation to the land shown on the plan are extinguished.

(5) On publication of an order under subsection (4) in the Government Gazette—

(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all limitations; and

(b) all prescribed contractual rights (if any) relating to the land are extinguished; and

(c) if any part of the land is or is being used as a road, that part of the land ceases to be a road and all rights, easements and privileges existing or claimed in it 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

(d) 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.

(6) Subsection (5) has effect despite anything to the contrary in section 175A of the Water Industry Act 1994 or any other Act.

(7) In this section prescribed contractual right means a right (other than an interest in land) created under an agreement in writing entered into between a public body and another person (not being the Crown).

S. 19 substituted by No. 46/1997
s. 12.

Acquisition by agreement

19 Acquisition by agreement

(1) For the purposes of a nominated project, the responsible Minister or the facilitating agency may acquire by agreement an interest in land on any terms (including consideration) that the responsible Minister or agency considers appropriate.

(2) Any interest in land acquired by the responsible Minister under this section vests in the Crown and is deemed to be unalienated land of the Crown.

Compulsory acquisition

20 Compulsory acquisition

(1) For the purposes of a nominated project, the responsible Minister or the facilitating agency may acquire an interest in land by compulsory process.

(2) The Land Acquisition and Compensation Act 1986 applies to subsection (1) and for that purpose—

(a) subsection (1) is the special Act; and

(b) the responsible Minister or the facilitating agency (as the case requires) is the Authority.

(3) Any interest in land acquired by the responsible Minister under this section—

(a) vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that section; and

(b) is deemed to be unalienated land of the Crown.

Pt 3 Div. 2A (Heading and s. 20A) inserted by No. 46/1997

Div 2A

Compensation for surrendered or divested land

Division 2A—Compensation for surrendered or divested land

S. 20A inserted by No. 46/1997

20A

Right to compensation on surrender or divesting

20A Right to compensation on surrender or divesting

(1) Subject to this Act and the Land Acquisition and Compensation Act 1986, every person (other than a public body) who immediately before the publication of an order under section 18 or 18A had a legal or equitable estate or interest in land to which the order applies or, in the case of an order under section 18A, a prescribed contractual right (within the meaning of that section) in relation to land to which the order applies, has a claim for compensation.

(2) The Land Acquisition and Compensation Act 1986 (except sections 31 to 36) applies to the determination of compensation payable under this section as if the publication of the order were a notice of acquisition of that estate or interest or right and the responsible Minister had acquired that estate or interest or right on behalf of the Crown.

Pt 3 Div. 2B (Heading and ss 20B–20J) inserted by No. 46/1997

Div 2B

Entry into possession of surrendered or divested land

Division 2B—Entry into possession of surrendered or divested land

S. 20B inserted by No. 46/1997

20B

Interpretation

20B Interpretation

In this Division—

surrender date in relation to land means the date of publication of an order under section 18 or 18A in relation to that land;

surrendered land means land which on the publication of an order under section 18 or 18A is deemed to be unalienated land of the Crown.

S. 20C inserted by No. 46/1997

20C

Application

20C Application

This Division applies to surrendered land whether it became surrendered land before or after the commencement of section 13 of the Project Development and Construction Management (Amendment) Act 1997.

S. 20D inserted by No. 46/1997

20D

Power to enter into possession

20D Power to enter into possession

Subject to this Division, the responsible Minister may enter into possession of surrendered land.

S. 20E inserted by No. 46/1997

20E

Entry into possession

20E Entry into possession

(1) The responsible Minister must diligently endeavour to obtain agreement with the occupier of surrendered land as to the terms on which the Minister will enter into possession of the land.

(2) Subject to this Division, if surrendered land or part of surrendered land is used, at the surrender date, by a person as the principal place of residence or business of that person, the responsible Minister must not enter into possession of—

(a) the part of the land so used; or

(b) if the whole of the land is so used, that land—

before the end of 3 months after the surrender date and unless the responsible Minister has given 7 days' notice in writing of his or her intention to enter into possession to the person in occupation of the land.

(3) A person referred to in subsection (2) is not liable for the payment of rent in respect of the occupation by that person of that part of the surrendered land which is used as the principal place of residence or business of that person during the period specified in that subsection.

(4) Subsection (2) does not apply if—

(a) the Governor in Council, on the recommendation of the responsible Minister, by order certifies that having regard to—

(i) the urgency of the case or any other exceptional circumstances; and

(ii) the public interest—

it is not practicable for the responsible Minister to delay entry into possession of the surrendered land until after the end of the period referred to in subsection (2); or

(b) the responsible Minister and the person in occupation of the surrendered land have entered into an agreement in relation to the time of entry into possession of the surrendered land by the responsible Minister.

(5) If, at the surrender date, surrendered land is not used by any person as the principal place of residence or business of that person, the responsible Minister may enter into possession of the land at any time after the surrender date after giving 7 days' notice in writing of his or her intention to enter into possession to the person in occupation of the land.

(6) The period of occupation of the surrendered land after the surrender date (including the period referred to in subsection (2)) may be extended by agreement in writing between the responsible Minister and the person in occupation of the surrendered land.

(7) An agreement under subsection (6) must provide for the payment of rent by the person in occupation of the relevant land to the Crown.

(8) If a person continues to occupy surrendered land after the period referred to in subsection (2) or the surrender date (as the case may be) and an agreement has not been entered into under subsection (6) in respect of that occupation, that person is to be taken to be in possession of the land in pursuance of a tenancy determinable at will by the responsible Minister and is liable to pay to the Crown a fair market rent in respect of that continued occupation.

(9) If a person referred to in subsection (2) ceases of the person's own accord to occupy the surrendered land before the end of the period referred to in that subsection, the entitlement of that person under this Division to occupy the land without payment of rent to the Crown also ceases.

(10) An order under subsection (4)(a) must specify the date on which the responsible Minister is to take possession.

(11) The responsible Minister must give a copy of the order under subsection (4)(a) to the person in occupation of the land.

(12) The person whose period of occupation of the surrendered land was abridged under subsection (4)(a) is entitled to claim compensation under Division 2A for any loss or damage which is incurred as a direct, natural and reasonable consequence of that abridgment and for which the person could not otherwise make a claim under that Division.

(13) The compensation payable pursuant to subsection (12) may be paid to—

(a) the person who is entitled to claim the compensation; or

(b) the constituted attorney of that person.

S. 20F inserted by No. 46/1997

20F

Recovery of rent

20F Recovery of rent

Any rent payable to the Crown under section 20E may be recovered as a debt due to the Crown in any court of competent jurisdiction.

S. 20G inserted by No. 46/1997

20G

Proceedings where refusal to give up possession

20G Proceedings where refusal to give up possession

(1) If the responsible Minister is entitled under this Division to enter into possession of surrendered land and the occupier of the land or any other person—

(a) refuses to give up the possession of the land; or

(b) hinders the responsible Minister from entering on and taking possession of the land—

the responsible Minister may issue his or her warrant under this section to the sheriff.

(2) A warrant issued under this section authorises the sheriff to—

(a) enter onto the land specified in the warrant; and

(b) deliver possession of the land to the responsible Minister or the person appointed in the warrant to receive possession of the land; and

(3) On receipt of a warrant issued under this section, the sheriff must deliver possession of the land to the responsible Minister or the person appointed in the warrant to receive possession of the land.

(4) The costs incurred in the issuing and execution of a warrant must be paid by the person refusing to give up possession.

(5) The amount of the costs and the amount of any rent owed by that person must be deducted and retained by the responsible Minister from the compensation (if any) payable under this Part to that person.

(6) If no compensation is payable to that person or if the compensation payable is less than the amount of the costs and rent (if any) then payment of the amount in excess of the compensation must if not paid on demand be enforced by a warrant to seize property.

(7) On application by the responsible Minister, a magistrate must issue a warrant for the purposes of subsection (6).

S. 20G(8) repealed by No. 87/2009 s. 30.

S. 20H inserted by No. 46/1997
s. 13, amended by No. 109/1997
s. 533(Sch. 2 item 10.1).

20H

Residential Tenancies Act 1997 not to apply

20H Residential Tenancies Act 1997 not to apply

Nothing in the Residential Tenancies Act 1997 applies to or in relation to any matter provided for or any proceedings under this Division.

S. 20I
inserted by No. 46/1997

20I

Giving of notice

20I Giving of notice

If the whereabouts of a person to whom the responsible Minister is required to give a notice or document is not known to the responsible Minister, the notice or document may be given—

(a) by publication of a copy of it in a newspaper circulating generally throughout the State; and

(b) by affixing it in a prominent place on the land to which it relates.

S. 20J
inserted by No. 46/1997

20J

Minor misdescription not to invalidate notice

20J Minor misdescription not to invalidate notice

The validity of any notice under this Division is not affected by any misdescription in it of the land or of any interest in the land if sufficient information appears on the face of the notice to identify the land or interest affected.

Division 3—Disposing of land

Facilitating agency may surrender land to the Crown

21 Facilitating agency may surrender land to the Crown

A facilitating agency is an authority for the purposes of section 22A of the Land Act 1958.

Disposing of land

22 Disposing of land

(1) A facilitating agency may—

(a) grant a lease or licence or easement or privilege over land vested in it or registered in its name; or

(b) sell or dispose of its interest in fee simple in any land—

on any terms (including consideration) that it considers appropriate.

(2) On disposing of the whole of its interest in any land to another person, a facilitating agency may enter into an agreement with the person concerning the use or development of the land.

S. 22(3) substituted by No. 46/1997

(3) For the purposes of a nominated project, the responsible Minister, may—

(a) grant a lease or licence or easement or privilege over Crown land; or

(b) recommend to the Governor in Council the grant, sale or disposition of Crown land—

on any terms (including consideration) that the responsible Minister considers appropriate.

S. 22(4) inserted by No. 46/1997

(4) The responsible Minister must consult with the Minister administering the Land Act 1958 before exercising any power under subsection (3).

S. 22(5) inserted by No. 46/1997

(5) Subsection (3) does not apply to land which is reserved under the Crown Land (Reserves) Act 1978.

S. 22(6) inserted by No. 46/1997

(6) The Governor in Council may grant, sell or dispose of Crown land to any person in accordance with the recommendation of the responsible Minister under this section.

S. 22(7) inserted by No. 46/1997

(7) Land may be sold or disposed of to a person under subsection (6) on condition that the person enter into an agreement with the responsible Minister concerning the use or development of the land.

S. 22(8) inserted by No. 46/1997

(8) Division 2 of Part 9 of the Planning and Environment Act 1987 applies to an agreement under subsection (2) or (7) as if—

(a) it was an agreement under that Division; and

(b) it referred to the responsible Minister or the facilitating agency (as the case requires) instead of the responsible authority for the planning scheme; and

(d) sections 177(2), 178 and 179(1) referred to the responsible Minister or the facilitating agency (as the case requires) instead of the Minister.

S. 22(9) inserted by No. 46/1997

(9) This section applies despite anything to the contrary in the Land Act 1958.

Div 4

Powers relating to roads and buildings

Division 4—Powers relating to roads and buildings

Powers relating to roads

23 Powers relating to roads

(1) For the purposes of a nominated project, the responsible Minister or a facilitating agency may—

(a) construct, realign, relocate, open or close any road; and

(b) carry out or operate works or facilities associated with its powers under paragraph (a).

(2) Before making a decision to close, realign or relocate a road, the responsible Minister or facilitating agency must ensure that provision is made with respect to pipes, wires, apparatus, sewers, drains, tunnels, conduits, poles, posts and fixtures lawfully on over under or across the road or part of the road.

(3) If the responsible Minister or a facilitating agency makes a decision to close, realign or relocate a road, the responsible Minister or facilitating agency must make provision for the payment of compensation to—

(a) any person in whom the land comprised in the road or part of the road is vested; and

(b) any owner of property which in the opinion of the responsible Minister or the facilitating agency, as the case requires, is likely to be substantially affected by that closure, realignment or relocation.

(4) The responsible Minister may certify that, having regard to the extent to which any person referred to in subsection (3)(a) or (b) is or is likely to be affected by the closure, realignment or relocation of a road, the compensation payable to that person under subsection (3) should not exceed the amount stated in the certificate (not being more than $400).

(5) If the responsible Minister so certifies under subsection (4), the amount stated in the certificate in respect of that person shall be the full amount payable to him or her under subsection (3) by the responsible Minister or the facilitating agency, as the case requires, by way of compensation.

(6) If the responsible Minister is satisfied that a person who might be entitled to compensation under subsection (3) cannot be found, the Minister may direct that no provision, or such provision as the responsible Minister specifies, shall be made for payment of compensation to that person.

(7) If subsection (5) or (6) does not apply, the compensation payable to a person under subsection (3) shall be—

(a) the amount agreed between the responsible Minister or the facilitating agency, as the case requires, and the person; or

(b) if agreement is not reached, the amount determined as if the amount of compensation payable were a disputed claim under Part 10 of the Land Acquisition and Compensation Act 1976.

(8) The Governor in Council may by order published in the Government Gazette provide for—

(a) any vesting or divesting of lands;

(b) any amendments to any land descriptions in any Act or subordinate instrument—

necessary because of the exercise by the responsible Minister or facilitating agency of its powers under subsection (1).

Closing roads

24 Closing roads

(1) A decision under section 23 to close, realign or relocate a road has no effect until the responsible Minister or facilitating agency causes notice of it to be published in the Government Gazette and in a newspaper circulating generally throughout the area affected by the closure, realignment or relocation.

(2) On the publication under subsection (1) of a decision closing, realigning or relocating a road—

(a) the land over which the closed, realigned or relocated road ran ceases to be a road; and

(b) all rights, easements and privileges existing or claimed in 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

(3) For the purpose of a nominated project, the responsible Minister or the facilitating agency may temporarily close a road to traffic if that Minister or agency considers it necessary to do so so that works on the road or neighbouring land can be carried out.

Administration of Building Act

25 Administration of Building Act

(1) Despite anything to the contrary in the Building Act 1993, the Minister administering that Act may, by order published in the Government Gazette, declare that the administration and enforcement in relation to all or part of a nominated project of any of the provisions of that Act and the regulations made under that Act is to be carried out by the facilitating agency or any other person or body specified in the order and in accordance with the terms and conditions of the order.

(2) The Building Act 1993 and the regulations under that Act apply for the purposes of this section as if any reference to a council or a relevant building surveyor or a municipal building surveyor were a reference to the facilitating agency or the relevant person or body specified in an order under this section.

Div 5

Financial provisions

Division 5—Financial provisions

Exemption from taxes, rates, charges etc.

26 Exemption from taxes, rates, charges etc.

(1) Despite anything to the contrary in any Act or law, the Treasurer, on the recommendation of the responsible Minister, may by instrument—

S. 26(1)(a) amended by No. 23/2010 s. 16(1).

(a) totally or partially exempt any land, document or transaction relating to a nominated project from any duty, rate, contribution, tax, or charge levied under any other Act or law; or

S. 26(1)(b) amended by No. 23/2010 s. 16(1).

(b) defer the payment of the whole or part of any duty, rate, contribution, tax or charge levied under any other Act or law on any land, document or transaction relating to a nominated project.

(2) An exemption or deferral must state the time for which it operates and may be subject to any conditions specified in the instrument of exemption or deferral.

S. 26(3) amended by No. 23/2010 s. 16(1).

(3) The responsible Minister must obtain the written consent of the person or body responsible for levying a duty, rate, contribution, tax or charge (other than one payable into the Consolidated Fund) before making a recommendation under subsection (1) in relation to that duty, rate, contribution, tax or charge.

S. 26(4) inserted by No. 23/2010 s. 16(2).

(4) In this section contribution means a growth areas infrastructure contribution within the meaning of Part 9B of the Planning and Environment Act 1987.

Treasurer may execute guarantees in respect of project

27 Treasurer may execute guarantees in respect of project

(1) The Treasurer, on such terms and conditions as the Treasurer thinks fit, may—

(a) execute a guarantee in favour of a person or body in respect of the performance of any obligation by a person or body under an agreement or contract relating to a nominated project; or

S. 27(1)(b) amended by No. 46/1997
s. 16(1)(a).

(b) execute an indemnity or covenant in favour of a person or body in respect of any expense, loss, damage, cost or liability incurred or that may be incurred by that person or body under or in respect of an agreement or contract relating to a nominated project.

(2) The Treasurer must not execute a guarantee, indemnity or covenant under subsection (1) unless he or she has first obtained the written consent of—

S. 27(2)(a) amended by No. 46/1997
s. 16(1)(b).

(a) in the case of a guarantee, indemnity or covenant relating to the obligations of the Crown under an agreement or contract, each Minister who is a party to the agreement or contract; or

(b) in any other case—

(i) any public body which is a party to the agreement or contract in relation to which the guarantee, indemnity or covenant is to be given; and

(ii) the Minister administering the Act by or under which that public body is constituted.

(3) Section 30 of the Borrowing and Investment Powers Act 1987 applies to a guarantee, indemnity or covenant under subsection (1) as if it were a guarantee, indemnity or covenant under Part 5 of that Act.

Borrowing and investment powers

28 Borrowing and investment powers

If the application order in respect of a nominated project so provides the facilitating agency is deemed—

(a) to be an authority for the purposes of the Borrowing and Investment Powers Act 1987; and

(b) to be such an authority to which such of sections 5, 8, 10, 11, 11AA, 11AB, 12, 14, 14A, 15, 20, 20A or 21 of that Act as are specified in the application order apply.

Part 4

Standards and directions for public construction

Part 4—Standards and directions for public construction

Standards for public construction

29 Standards for public construction

The Minister may set standards, not inconsistent with any other Act or any statutory rule, relating to public construction.

Directions for public construction

30 Directions for public construction

The Minister may issue written directions, not inconsistent with any other Act or statutory rule, relating to public construction.

Inconsistency with supply policies

31 Inconsistency with supply policies

Despite anything in this Part, a provision of a standard or direction, that is inconsistent with a provision of a supply policy within the meaning of the Financial Management Act 1994, prevails to the extent of the inconsistency.

Content of standards and directions

32 Content of standards and directions

Standards and directions may—

(a) be of general or limited application;

(b) differ according to differences in time, place or circumstance;

(d) leave anything for the approval or satisfaction of a specified person or class of persons;

(e) apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person whether—

(i) wholly or partially or as amended by the standards or directions; or

(ii) as formulated, issued, prescribed or published at the time the standards are set or the directions are issued or at any time before then; or

(iii) as formulated, issued, prescribed or published from time to time;

S. 32(f) amended by No. 30/2020 s. 9.

(f) provide in a specified case or class of cases for the exemption of Departments, public bodies, persons or things or classes of Departments, public bodies, persons or things from any provision of the standards or directions, whether unconditionally or on specified conditions and either wholly or to a specified extent.

S. 33 amended by No. 30/2020 s. 10.

Application of standards and directions

33 Application of standards and directions

Standards and directions apply to any public construction undertaken by, or on behalf of, any Department or public body, except to the extent specified in the standards or directions or determined by the Minister.

Standards and directions to be published and made available

34 Standards and directions to be published and made available

S. 34(1) amended by No. 30/2020 s. 11.

(1) The Minister must cause a copy of any standards or directions to be made available, on request, to Departments or public bodies to which they apply.

(2) The Minister must cause a list of any standards set and directions issued during a year and notice of where they are available for inspection to be included in the report of operations of the Department for that year under Part 7 of the Financial Management Act 1994.

Pt 5 (Heading and ss 35–41) amended by Nos 46/1997 s. 15,
103/1997 s. 5, 46/1998 s. 7(Sch. 1), 72/2000 ss 7, 8, 108/2004 s. 117(1)
(Sch. 3 item 163.2), repealed by No. 27/2009 s. 21.

Pt 5A (Heading) substituted by No. 30/2020 s. 12.

Pt 5A (Heading and ss 41A–41F) inserted by No. 72/2000 s. 9, amended by No. 75/2001 s. 67(1)(2), repealed by No. 16/2003 s. 25, new Pt 5A (Heading and ss 41A–41F) inserted by No. 27/2009 s. 20.

Part 5A

Secretary, Project Development

Part 5A—Secretary, Project Development

New s. 41A inserted by No. 27/2009 s. 20.

41A

The Secretary is a body corporate

41A The Secretary is a body corporate

S. 41A(1) amended by No. 30/2020 s. 13(1).

(1) The person who is for the time being the Department Head of the declared Department and the successors in office of that person are a body corporate under the name "Secretary, Project Development" which, by that name—

(a) has perpetual succession;

(b) has an official seal;

(d) may acquire, hold and dispose of real and personal property;

(e) may do and suffer all things that a body corporate may, by law, do and suffer.

S. 41A(2) amended by No. 30/2020 s. 13(2).

(2) The official seal of the Secretary, Project Development must be kept as directed by the Secretary and must not be used except as authorised by the Secretary.

S. 41A(3) amended by No. 30/2020 s. 13(2).

(3) All courts must take judicial notice of the official seal of the Secretary, Project Development on a document and, until the contrary is proved, must presume that the seal was properly affixed.

S. 41B (Heading) substituted by No. 30/2020 s. 14(1).

New s. 41B inserted by No. 27/2009 s. 20.

41B

Functions of the Secretary, Project Development

41B Functions of the Secretary, Project Development

S. 41B(1) amended by No. 30/2020 s. 14(2)(a).

(1) The Secretary, Project Development has the following functions—

S. 41B(1)(a) amended by No. 30/2020 s. 14(2)(b).

(a) by agreement, to facilitate and manage public construction for Departments and public bodies;

(b) in relation to public construction—

S. 41B(1)(b)(i) amended by No. 30/2020 s. 14(2)(c).

(i) to provide consultancies, information and advice to Departments and public bodies;

(ii) to provide advice and information to the Minister;

S. 41B(2) amended by No. 30/2020 s. 14(3).

(2) In addition to subsection (1), the Secretary, Project Development has any functions conferred on the Secretary, Project Development under Part 3.

S. 41B(3) amended by No. 30/2020 s. 14(4).

(3) In addition to subsections (1) and (2), the Secretary, Project Development has any functions conferred on the Secretary, Project Development under Part 9A of the Planning and Environment Act 1987.

S. 41B(4) amended by No. 30/2020 s. 14(5).

(4) The Secretary, Project Development may perform its functions within or outside Victoria.

S. 41C (Heading) substituted by No. 30/2020 s. 15(1).

New s. 41C inserted by No. 27/2009 s. 20.

41C

Powers of the Secretary, Project Development

41C Powers of the Secretary, Project Development

S. 41C(1) amended by No. 30/2020 s. 15(2).

(1) The Secretary, Project Development has all the powers necessary to perform its functions under section 41B(1).

S. 41C(2) amended by No. 30/2020 s. 15(3).

(2) Without limiting subsection (1), the Secretary, Project Development may, in the performance of its functions under section 41B(1)—

(a) enter into any agreements or arrangements with any person or body;

S. 41C(2)(b) amended by No. 30/2020 s. 15(3).

(b) enter into agreements or arrangements for the provision by the Secretary, Project Development of administration, management or information systems or services;

(c) do all things necessary or convenient to be done to give effect to the agreements and arrangements referred to in paragraphs (a) and (b);

(d) with the approval of the Treasurer, form, participate in the formation of, or be a member of a body corporate, association, partnership, trust or other body and enter into a joint venture with any other person.

S. 41C(3) amended by No. 30/2020 s. 15(4).

(3) The Secretary, Project Development has any powers conferred under Part 3 to perform the functions conferred on the Secretary, Project Development under that Part.

S. 41C(4) amended by No. 30/2020 s. 15(5).

(4) The Secretary, Project Development has any powers conferred on the Secretary, Project Development under Part 9A of the Planning and Environment Act 1987.

S. 41C(5) amended by No. 30/2020 s. 15(6).

(5) The Secretary, Project Development may exercise its powers within or outside Victoria.

S. 41D (Heading) substituted by No. 30/2020 s. 16(1).

New s. 41D inserted by No. 27/2009 s. 20, amended by No. 30/2020 s. 16(2).

41D

Secretary, Project Development is subject to Ministerial control

41D Secretary, Project Development is subject to Ministerial control

In the exercise of powers and functions the Secretary, Project Development is subject to the direction and control of the Minister.

New s. 41E inserted by No. 27/2009 s. 20, amended by No. 30/2020 s. 17.

41E

Department Head's powers are not affected

41E Department Head's powers are not affected

The powers and functions of the person who for the time being constitutes the Secretary, Project Development are in addition to, and do not affect, that person's powers and functions as a Department Head under the Public Administration Act 2004.

New s. 41F inserted by No. 27/2009 s. 20, amended by No. 30/2020 s. 18(a).

41F

Delegation

41F Delegation

The Secretary, Project Development may by instrument delegate any of the powers conferred on the Secretary, Project Development under this Part or the regulations (other than this power of delegation) to—

S. 41F(a) amended by No. 30/2020 s. 18(b).

(a) any employee or class of employees employed in the declared Department; or

(b) the holder of any office or position in that Department.

Part 6

General

Part 6—General

Improper use of information

42 Improper use of information

A person connected with a nominated project must not make improper use of information acquired because of that person's connection with the project—

(a) to gain directly or indirectly any pecuniary advantage for himself or herself or anyone else;

(b) with intent to cause detriment to the project irrespective of whether or not detriment was caused.

50 penalty units.

S. 43 amended by No. 45/2009 s. 13(1)(4) (ILA s. 39B(1)).

Information to be confidential

43 Information to be confidential

(1) A person connected with a nominated project must not make a record of, or divulge or communicate to any person, information about the project that was obtained by the person in confidence except—

(a) in carrying out official duties; or

(b) in carrying out duties or obligations under this Act or any agreement or arrangement under this Act; or

S. 43(d) amended by No. 45/2009 s. 13(2).

(d) to a court, in proceedings under this Act or in relation to an agreement or arrangement made under this Act; or

S. 43(e) inserted by No. 45/2009 s. 13(3).

(e) if the information is already in the public domain, other than as a result of a contravention of this Act.

50 penalty units.

S. 43(2) inserted by No. 45/2009 s. 13(4).

(2) For the purposes of subsection (1), a reference to information obtained in confidence includes a reference to information obtained by the person in circumstances in which the person knew or ought reasonably to have known the information was confidential.

Who is connected with a nominated project?

44 Who is connected with a nominated project?

For the purposes of sections 42 and 43, a person is connected with a nominated project if the person is or has been—

(a) a participant with the facilitating agency in a body (corporate or unincorporate), trust, partnership, joint venture, or other joint undertaking relating to the project; or

S. 44(b) amended by No. 43/1995 s. 23(c).

(b) a party to an agreement or arrangement made with the facilitating agency in relation to the project.

Action by Registrar of Titles

45 Action by Registrar of Titles

S. 45(1) repealed by No. 85/1998 s. 24(Sch. item 47).

(2) On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Act or an order made under this Act.

S. 45(3) amended by No. 72/2000 s. 10, repealed by No. 30/2020 s. 19.

Regulations

46 Regulations

The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

Pt 7 (Headings and ss 47–59) amended by Nos 43/1995 s. 23(d), 69/2009 s. 54(Sch. Pt 1 items 44.1, 44.4), 72/2000 s. 11, substituted as Pt 7 (Heading and ss 47–75L) by No. 30/2020 s. 20.

Part 7

Transfer of designated functions and projects

Part 7—Transfer of designated functions and projects

Div 1

Preliminary

Division 1—Preliminary

New s. 47 inserted by No. 30/2020 s. 20.

Definitions

47 Definitions

In this Part—

commencement day means the day on which section 24 of the Project Development and Construction Management Amendment Act 2020 comes into operation;

former Secretary DIIRD property means property, rights or liabilities of the Secretary DIIRD body corporate that, under Division 2, have vested in or become liabilities of the Secretary, Project Development;

former specified transport project property means property, rights or liabilities of the Secretary DIIRD body corporate that, under Division 3, have vested in or become liabilities of the Head, Transport for Victoria;

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

instrument includes a document and an oral agreement;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

Secretary DIIRD body corporate means the body corporate in existence under section 41A immediately before the commencement day;

Secretary DIIRD body corporate instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the commencement day—

(a) to which the Secretary DIIRD body corporate was a party; or

(b) that was given to or in favour of the Secretary DIIRD body corporate; or

(i) money is, or may become, payable to or by the Secretary DIIRD body corporate; or

(ii) other property is to be, or may become liable to be, transferred to or by the Secretary DIIRD body corporate;

specified transport project means—

(a) the Craigieburn Rail Electrification Project declared under the nomination order published in the Government Gazette on 29 January 2004, as amended by the order made on 19 December 2006 and published in the Government Gazette on 21 December 2006;

(b) the Dynon Port Rail Link Project declared under the nomination order published in the Government Gazette on 16 March 2006;

(c) the Jolimont Project declared under the nomination order published in the Government Gazette on 26 January 1995, as amended by order made on 5 March 2002 and published in the Government Gazette on 27 March 2002;

(d) the Rapid Transit Link Project referred to in item 24 of the Schedule;

(e) the Clifton Hill Rail Project, declared by notice published in the Government Gazette on 8 March 2007 under section 201F of the Planning and Environment Act 1987;

(f) the Country Passenger Rail Services (CPRS) Project, declared by notice published in the Government Gazette on 5 June 2003 under section 201F of the Planning and Environment Act 1987;

(g) the Regional Fast Rail Project, declared by notice published in the Government Gazette on 18 October 2001 under section 201F of the Planning and Environment Act 1987.

Division 2—Transfer to Secretary, Project Development

New s. 48 inserted by No. 30/2020 s. 20.

Property transferred to Secretary, Project Development

48 Property transferred to Secretary, Project Development

On the commencement day—

(a) all property and rights of the Secretary DIIRD body corporate (except the property and rights of the Secretary DIIRD body corporate in relation to a specified transport project) vest in the Secretary, Project Development; and

(b) all liabilities of the Secretary DIIRD body corporate (except the liabilities of the Secretary DIIRD body corporate in relation to a specified transport project) become liabilities of the Secretary, Project Development.

New s. 49 inserted by No. 30/2020 s. 20.

Effect of transfer on nomination order

49 Effect of transfer on nomination order

If the property and rights vested in the Secretary, Project Development under this Division relate to a nominated project, on and after the commencement day—

(a) in any nomination order in force on the commencement day for the nominated project, a reference to the Secretary DIIRD body corporate as the facilitating agency for the nominated project must be construed as a reference to the Secretary, Project Development as the facilitating agency for that project; and

(b) the Secretary, Project Development is taken to be the facilitating agency for that project; and

(c) unless revoked, amended or varied in accordance with this Act, any other provision of the nomination order and any application order in force on the commencement day relating to that project continues to apply to that project.

New s. 50 inserted by No. 30/2020 s. 20.

Vesting of property etc. subject to encumbrances

50 Vesting of property etc. subject to encumbrances

(1) Property and rights vested in the Secretary, Project Development under this Division are subject to the encumbrances (if any) to which they were subject immediately before so vesting.

(2) In respect of liabilities that become liabilities of the Secretary, Project Development under this Division, the rights to which the Secretary DIIRD body corporate was entitled in respect of those liabilities immediately before they ceased to be liabilities of that body corporate vest in the Secretary, Project Development.

New s. 51 inserted by No. 30/2020 s. 20.

Substitution of party to agreement

51 Substitution of party to agreement

If the rights and liabilities of the Secretary DIIRD body corporate under an agreement are rights that vest in or liabilities that become liabilities of the Secretary, Project Development under this Division—

(a) the Secretary, Project Development becomes, on the commencement day, a party to the agreement in place of the Secretary DIIRD body corporate; and

(b) on and after the commencement day, the agreement has effect as if the Secretary, Project Development had always been a party to the agreement.

New s. 52 inserted by No. 30/2020 s. 20.

Secretary DIIRD body corporate instruments

52 Secretary DIIRD body corporate instruments

Each Secretary DIIRD body corporate instrument relating to former Secretary DIIRD property continues to have effect according to its tenor on and after the commencement day as if a reference in the instrument to the Secretary DIIRD body corporate were a reference to the Secretary, Project Development.

New s. 53 inserted by No. 30/2020 s. 20.

Proceedings

53 Proceedings

If, immediately before the commencement day, proceedings relating to former Secretary DIIRD property (including arbitration proceedings) to which the Secretary DIIRD body corporate was a party were pending or existing in any court or tribunal, then, on and after that day, the Secretary, Project Development is substituted for the Secretary DIIRD body corporate as a party to the proceedings and has the same rights in the proceedings as the Secretary DIIRD body corporate had.

New s. 54 inserted by No. 30/2020 s. 20.

Interests in land

54 Interests in land

If, immediately before the commencement day the Secretary DIIRD body corporate is, in relation to former Secretary DIIRD property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after the commencement day—

(a) the Secretary, Project Development is taken to be the registered proprietor of that interest in land; and

(b) the Secretary, Project Development has the same rights and remedies in respect of that interest as the Secretary DIIRD body corporate had.

New s. 55 inserted by No. 30/2020 s. 20.

Easements

55 Easements

If the Secretary, Project Development acquires any right in the nature of an easement (whether as a result of a transfer under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the Secretary, Project Development which is benefited or capable of being benefited by that right.

New s. 56 inserted by No. 30/2020 s. 20.

Action by Registrar of Titles

56 Action by Registrar of Titles

On being requested to do so, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Division.

New s. 57 inserted by No. 30/2020 s. 20.

Taxes

57 Taxes

No duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given for the purpose of, or connected with, the transfer of property, rights or liabilities of the Secretary DIIRD body corporate.

New s. 58 inserted by No. 30/2020 s. 20.

Evidence

58 Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of the Secretary DIIRD body corporate in relation to former Secretary DIIRD property if this Division had not been enacted is admissible for or against the interests of the Secretary, Project Development.

(2) The Evidence Act 2008 applies with respect to the books of account of the Secretary DIIRD body corporate and to entries made in those books of account before the commencement day, whether or not they relate to former Secretary DIIRD property, as if those books of account and entries were business records of the Secretary, Project Development.

S. 59 (Heading) amended by No. 25/2025 s. 106(Sch. 1 item 34.1).

New s. 59 inserted by No. 30/2020 s. 20.

Certificate of Department Head of the Department of Transport and Planning

59 Certificate of Department Head of the Department of Transport and Planning

S. 59(1) amended by No. 25/2025 s. 106(Sch. 1 item 34.2).

(1) A certificate signed by the Department Head of the Department of Transport and Planning certifying that—

(a) property or rights of the Secretary DIIRD body corporate specified in the certificate have vested in the Secretary, Project Development; or

(b) liabilities of the Secretary DIIRD body corporate specified in the certificate have become liabilities of the Secretary, Project Development—

is admissible as evidence and, in the absence of evidence to the contrary, is proof that the property, rights or liabilities so specified are the property, rights and liabilities to which this Division applies.

S. 59(2) amended by No. 25/2025 s. 106(Sch. 1 item 34.2).

(2) The Department Head of the Department of Transport and Planning—

(b) must make the register reasonably available for inspection by the Secretary, Project Development or other interested person.

New s. 60 inserted by No. 30/2020 s. 20.

Validity of things done under this Division

60 Validity of things done under this Division

(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing any person in breach of or as constituting a default under any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

Division 3—Transfer of specified transport projects to Head, Transport for Victoria

New s. 61 inserted by No. 30/2020 s. 20.

Property transferred to Head, Transport for Victoria

61 Property transferred to Head, Transport for Victoria

On the commencement day—

(a) all property and rights of the Secretary DIIRD body corporate relating to a specified transport project vest in the Head, Transport for Victoria; and

(b) all liabilities of the Secretary DIIRD body corporate relating to a specified transport project become liabilities of the Head, Transport for Victoria.

New s. 62 inserted by No. 30/2020 s. 20.

Effect of transfer on nomination order

62 Effect of transfer on nomination order

If the property and rights vested in the Head, Transport for Victoria under this Division relate to a nominated project, on and after the commencement day—

(a) in any nomination order in force on the commencement day for the nominated project, a reference to the Secretary DIIRD body corporate as the facilitating agency for the nominated project must be construed as a reference to the Head, Transport for Victoria as the facilitating agency for that project; and

(b) the Head, Transport for Victoria is taken to be the facilitating agency for that project; and

New s. 63 inserted by No. 30/2020 s. 20.

Vesting of property etc. subject to encumbrances

63 Vesting of property etc. subject to encumbrances

(1) Property and rights vested in the Head, Transport for Victoria under this Division are subject to the encumbrances (if any) to which they were subject immediately before so vesting.

(2) In respect of liabilities that become liabilities of the Head, Transport for Victoria under this Division, the rights to which the Secretary DIIRD body corporate was entitled in respect of those liabilities immediately before they ceased to be liabilities of that body corporate vest in the Head, Transport for Victoria.

New s. 64 inserted by No. 30/2020 s. 20.

Substitution of party to agreement

64 Substitution of party to agreement

If the rights and liabilities of the Secretary DIIRD body corporate under an agreement are rights that vest in or liabilities that become liabilities of the Head, Transport for Victoria under this Division—

(a) the Head, Transport for Victoria becomes, on the commencement day, a party to the agreement in place of the Secretary DIIRD body corporate; and

(b) on and after the commencement day, the agreement has effect as if the Head, Transport for Victoria had always been a party to the agreement.

New s. 65 inserted by No. 30/2020 s. 20.

Secretary DIIRD body corporate instruments

65 Secretary DIIRD body corporate instruments

Each Secretary DIIRD body corporate instrument relating to former specified transport project property continues to have effect according to its tenor on and after the commencement day as if a reference in the instrument to the Secretary DIIRD body corporate were a reference to the Head, Transport for Victoria.

New s. 66 inserted by No. 30/2020 s. 20.

Proceedings

66 Proceedings

If, immediately before the commencement day, proceedings relating to former specified transport project property (including arbitration proceedings) to which the Secretary DIIRD body corporate was a party were pending or existing in any court or tribunal, then, on and after that day, the Head, Transport for Victoria is substituted for the Secretary DIIRD body corporate as a party to the proceedings and has the same rights in the proceedings as the Secretary DIIRD body corporate had.

New s. 67 inserted by No. 30/2020 s. 20.

Interests in land

67 Interests in land

(a) the Head, Transport for Victoria is taken to be the registered proprietor of that interest in land; and

(b) the Head, Transport for Victoria has the same rights and remedies in respect of that interest as the Secretary DIIRD body corporate had.

New s. 68 inserted by No. 30/2020 s. 20.

Easements

68 Easements

If the Head, Transport for Victoria acquires any right in the nature of an easement (whether as a result of a transfer under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the Head, Transport for Victoria which is benefited or capable of being benefited by that right.

New s. 69 inserted by No. 30/2020 s. 20.

Action by Registrar of Titles

69 Action by Registrar of Titles

On being requested to do so, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Division.

New s. 70 inserted by No. 30/2020 s. 20.

Taxes

70 Taxes

New s. 71 inserted by No. 30/2020 s. 20.

Evidence

71 Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of the Secretary DIIRD body corporate in relation to former specified transport project property if this Division had not been enacted is admissible for or against the interests of the Head, Transport for Victoria.

(2) The Evidence Act 2008 applies with respect to the books of account of the Secretary DIIRD body corporate and to entries made in those books of account in relation to a specified transport project before the commencement day, whether or not they relate to former specified transport project property, as if those books of account and entries were business records of the Head, Transport for Victoria.

S. 72 (Heading) amended by No. 25/2025 s. 106(Sch. 1 item 34.3).

New s. 72 inserted by No. 30/2020 s. 20.

Certificate of Department Head of Department of Transport and Planning

72 Certificate of Department Head of Department of Transport and Planning

S. 72(1) amended by No. 25/2025 s. 106(Sch. 1 item 34.4).

(1) A certificate signed by the Department Head of the Department of Transport and Planning certifying that—

(a) property or rights of the Secretary DIIRD body corporate specified in the certificate have vested in the Head, Transport for Victoria; or

(b) liabilities of the Secretary DIIRD body corporate specified in the certificate have become liabilities of the Head, Transport for Victoria—

S. 72(2) amended by No. 25/2025 s. 106(Sch. 1 item 34.4).

(2) The Department Head of the Department of Transport and Planning—

(b) must make the register reasonably available for inspection by the Head, Transport for Victoria or other interested person.

New s. 73 inserted by No. 30/2020 s. 20.

Validity of things done under this Division

73 Validity of things done under this Division

(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

Division 4—Transfers of property, rights and liabilities in certain projects to transport bodies

New s. 74 inserted by No. 30/2020 s. 20.

Definitions

74 Definitions

In this Division—

Secretary, Project Development instrument means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the transfer date—

(a) to which the Secretary, Project Development was a party; or

(b) that was given to, or in favour of, the Secretary, Project Development; or

(i) money is, or may become, payable to the Secretary, Project Development; or

(ii) other property is to be, or may become liable to be, transferred to or by the Secretary, Project Development;

transfer date means the date specified under section 75(2)(b) for the purposes of the transfer;

transfer order means an Order in Council made under section 75;

transferee transport body means the transport body specified in a transfer order and to which property, a right or a liability relating to a transport project are transferred under the transfer order;

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

transport project has the same meaning as in section 66A of the Transport Integration Act 2010.

New s. 75 inserted by No. 30/2020 s. 20.

Transfer orders

75 Transfer orders

(1) The Governor in Council may, on the recommendation of the Minister, by Order in Council transfer any or all of the property, rights and liabilities as specified, or described by reference to a class, in the Order in Council of the Secretary, Project Development in relation to a transport project to a transport body specified in the Order in Council.

(2) The transfer order must—

(a) be published in the Government Gazette; and

(b) specify the transfer date on which the transfer takes effect.

S. 75A inserted by No. 30/2020 s. 20.

75A

Property, rights and liabilities transferred in accordance with transfer order

75A Property, rights and liabilities transferred in accordance with transfer order

On the transfer date—

(a) all property and rights of the Secretary, Project Development, wherever located, that are transferred under a transfer order, vest in the transport body specified in the transfer order in accordance with the order; and

(b) all liabilities of the Secretary, Project Development, wherever located, that are transferred under a transfer order, become liabilities of the transport body specified in the transfer order in accordance with the order.

S. 75B inserted by No. 30/2020 s. 20.

75B

Transfer subject to encumbrances

75B Transfer subject to encumbrances

If under a transfer order property and rights vest in the transferee transport body or liabilities become liabilities of the transferee transport body—

(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(b) the rights to which the Secretary, Project Development was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Secretary, Project Development vest in the transferee transport body.

S. 75C inserted by No. 30/2020 s. 20.

75C

Substitution of party to agreement

75C Substitution of party to agreement

If under a transfer order the rights and liabilities of the Secretary, Project Development under an agreement are transferred to the transferee transport body—

(a) the transferee transport body becomes, on the transfer date, a party to the agreement in place of the Secretary, Project Development; and

(b) on and after the transfer date, the agreement has effect as if the transferee transport body had always been a party to the agreement.

S. 75D inserted by No. 30/2020 s. 20.

75D

Secretary, Project Development instruments

75D Secretary, Project Development instruments

Each Secretary, Project Development instrument relating to property, rights or liabilities transferred to the transferee transport body continues to have effect according to its tenor on and after the transfer date as if a reference in the instrument to the Secretary, Project Development were a reference to the transferee transport body.

S. 75D inserted by No. 30/2020 s. 20.

75E

Proceedings

75E Proceedings

If, immediately before the transfer date, proceedings relating to property, rights or liabilities transferred to the transferee transport body (including arbitration proceedings) to which the Secretary, Project Development was a party were pending or existing in any court or tribunal, then, on and after the transfer date, the transferee transport body is substituted for the Secretary, Project Development as a party to the proceedings and has the same rights in the proceedings as the Secretary, Project Development had.

S. 75F inserted by No. 30/2020 s. 20.

75F

Interests in land

75F Interests in land

If immediately before the transfer date, the Secretary, Project Development is, in relation to property, rights or liabilities transferred to the transferee transport body under a transfer order, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after the transfer date—

(a) the transferee transport body is taken to be the registered proprietor of that interest in land; and

(b) the transferee transport body has the same rights and remedies in respect of that interest as the Secretary, Project Development had.

S. 75G inserted by No. 30/2020 s. 20.

75G

Easements

75G Easements

If the transferee transport body acquires any right in the nature of an easement (whether as a result of a transfer under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the transferee transport body which is benefited or capable of being benefited by that right.

S. 75H inserted by No. 30/2020 s. 20.

75H

Action by Registrar of Titles

75H Action by Registrar of Titles

On being requested to do so, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Division.

S. 75I inserted by No. 30/2020 s. 20.

75I

Taxes

75I Taxes

No stamp duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given for the purpose of, or connected with, the transfer of property, rights or liabilities under an Order in Council.

S. 75J inserted by No. 30/2020 s. 20.

75J

Evidence

75J Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of the Secretary, Project Development in relation to property, rights or liabilities transferred to the transferee transport body under a transfer order is admissible for or against the interests of the transferee transport body.

(2) The Evidence Act 2008 applies with respect to the books of account of the Secretary, Project Development and to entries made in those books of account before the transfer date, whether or not they relate to Secretary, Project Development property, as if those books of account and entries were business records of the transferee transport body.

S. 75K inserted by No. 30/2020 s. 20.

75K

Certificate of Department Head of declared Department

75K Certificate of Department Head of declared Department

(1) A certificate signed by the Department Head of the declared Department certifying that property, rights or liabilities of the Secretary, Project Development specified in the certificate have been transferred is admissible as evidence and, in the absence of evidence to the contrary, is proof—

(a) that the property, rights or liabilities so specified are the property, rights and liabilities to which the transfer order applies; and

(b) that the transfer order is a transfer order for the purposes of this Division.

(2) The Department Head of the declared Department—

(b) must make the register reasonably available for inspection by the transferee transport body or other interested person.

S. 75L inserted by No. 30/2020 s. 20.

75L

Validity of things done under this Division

75L Validity of things done under this Division

(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or

(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or

(f) is to be regarded as frustrating any contract; or

(g) releases any surety or other obligor wholly or in part from any obligation.

New Pt 8 (Heading and ss 60–75) inserted by No. 72/2000 s. 12, amended by No. 69/2009 s. 54(Sch. Pt 1 items 44.2, 44.4), substituted as Pt 8 (Heading and ss 75M–75ZD) by No. 30/2020 s. 21.

Part 8

Transfers to successor Secretary (Project Development Bodies Corporate)

Part 8—Transfers to successor Secretary (Project Development Bodies Corporate)

Division 1—Preliminary

S. 75M inserted by No. 30/2020 s. 21.

75M

Definitions

75M Definitions

In this Part—

change of name Order—see section 75ZC;

former Secretary, Project Development means the body corporate which, under section 41A, was constituted by the person who was, from time to time, the Department Head of the superseded declared Department;

former Secretary, Project Development instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—

(a) to which the former Secretary, Project Development was a party; or

(b) that was given to or in favour of the former Secretary, Project Development; or

(i) money is, or may become, payable to or by the former Secretary, Project Development; or

(ii) other property is to be, or may become liable to be, transferred to or by the former Secretary, Project Development;

former Secretary, Project Development property means property, rights or liabilities of the former Secretary, Project Development that, under this Division, have vested in or become liabilities of the successor Secretary, Project Development;

instrument includes a document and an oral agreement;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

new declaration Order means an Order under section 5AA which declares a Department and revokes an Order under section 5AA declaring another Department;

new declared Department means the Department declared by a new declaration Order;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

relevant date means the date on which a new declaration Order under section 5AA takes effect;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

successor Secretary, Project Development means the body corporate which, under section 41A, is constituted by the person who is, from time to time, the Department Head of the new declared Department;

superseded declared Department means the Department declared by an Order under section 5AA that is revoked by a new declaration Order.

Division 2—Transfer to successor Secretary, Project Development

S. 75N inserted by No. 30/2020 s. 21.

75N

Application of Division

75N Application of Division

(1) This Division applies after the first Order made under section 5AA takes effect.

(2) This Division does not apply if a new declaration Order is a change of name Order.

S. 75O inserted by No. 30/2020 s. 21.

75O

Former Secretary, Project Development is dissolved

75O Former Secretary, Project Development is dissolved

On the relevant date, the former Secretary, Project Development is dissolved.

S. 75P inserted by No. 30/2020 s. 21.

75P

Property transferred to successor Secretary, Project Development

75P Property transferred to successor Secretary, Project Development

On the relevant date—

(a) all property and rights of the former Secretary, Project Development vest in the successor Secretary, Project Development; and

(b) all liabilities of the former Secretary, Project Development become liabilities of the successor Secretary, Project Development.

S. 75Q inserted by No. 30/2020 s. 21.

75Q

Effect of transfer on nomination order

75Q Effect of transfer on nomination order

If the property and rights vested in the successor Secretary, Project Development under this Division relate to a nominated project, on and after the relevant date—

(a) in any nomination order in force as at that relevant date for the nominated project, a reference to the former Secretary, Project Development as the facilitating agency for the nominated project must be construed as a reference to the successor Secretary, Project Development as the facilitating agency for that project; and

(b) the successor Secretary, Project Development is taken to be the facilitating agency for that project; and

(c) unless revoked, amended or varied in accordance with this Act, any other provision of the nomination order and any application order in force as at the relevant date relating to that project continues to apply to that project.

S. 75R inserted by No. 30/2020 s. 21.

75R

Vesting of property etc. subject to encumbrances

75R Vesting of property etc. subject to encumbrances

(1) Property and rights vested in the successor Secretary, Project Development under this Division are subject to the encumbrances (if any) to which they were subject immediately before so vesting.

(2) In respect of liabilities that become liabilities of the successor Secretary, Project Development under this Division, the rights to which the former Secretary, Project Development was entitled in respect of those liabilities immediately before they ceased to be liabilities of that body corporate vest in the successor Secretary, Project Development.

S. 75S inserted by No. 30/2020 s. 21.

75S

Substitution of party to agreement

75S Substitution of party to agreement

If the rights and liabilities of the former Secretary, Project Development under an agreement are rights that vest in or liabilities that become liabilities of the successor Secretary, Project Development under this Division—

(a) the successor Secretary, Project Development becomes, on the relevant date, a party to the agreement in place of the former Secretary, Project Development; and

(b) on and after the relevant date, the agreement has effect as if the successor Secretary, Project Development had always been a party to the agreement.

S. 75T inserted by No. 30/2020 s. 21.

75T

Former Secretary, Project Development instruments

75T Former Secretary, Project Development instruments

Each former Secretary, Project Development instrument relating to former Secretary, Project Development property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the former Secretary, Project Development were a reference to the successor Secretary, Project Development.

S. 75U inserted by No. 30/2020 s. 21.

75U

Proceedings

75U Proceedings

If, immediately before the relevant date, proceedings relating to former Secretary, Project Development property (including arbitration proceedings) to which the former Secretary, Project Development was a party were pending or existing in any court or tribunal, then, on and after that date, the successor Secretary, Project Development is substituted for the former Secretary, Project Development as a party to the proceedings and has the same rights in the proceedings as former Secretary, Project Development had.

S. 75V inserted by No. 30/2020 s. 21.

75V

Interests in land

75V Interests in land

If, immediately before the relevant date, the former Secretary, Project Development is, in relation to former Secretary, Project Development property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(a) the successor Secretary, Project Development is taken to be the registered proprietor of that interest in land; and

(b) the successor Secretary, Project Development has the same rights and remedies in respect of that interest as the former Secretary, Project Development had.

S. 75W inserted by No. 30/2020 s. 21.

75W

Easements

75W Easements

If the successor Secretary, Project Development acquires any right in the nature of an easement (whether as a result of a transfer under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the successor Secretary, Project Development which is benefited or capable of being benefited by that right.

S. 75X inserted by No. 30/2020 s. 21.

75X

Action by Registrar of Titles

75X Action by Registrar of Titles

On being requested to do so, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Division.

S. 75Y inserted by No. 30/2020 s. 21.

75Y

Taxes

75Y Taxes

S. 75Z inserted by No. 30/2020 s. 21.

75Z

Evidence

75Z Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of the former Secretary, Project Development in relation to former Secretary, Project Development property if this Division had not been enacted is admissible for or against the interests of the successor Secretary, Project Development.

(2) The Evidence Act 2008 applies with respect to the books of account of the former Secretary, Project Development and to entries made in those books of account before the relevant date, whether or not they relate to former Secretary, Project Development property, as if those books of account and entries were business records of the successor Secretary, Project Development.

S. 75ZA inserted by No. 30/2020 s. 21.

75ZA Certificate of Department Head of superseded declared Department

(1) A certificate signed by the Department Head of the superseded declared Department certifying that—

(a) property or rights of the former Secretary, Project Development specified in the certificate have vested in the successor Secretary, Project Development; or

(b) liabilities of the former Secretary, Project Development specified in the certificate have become liabilities of the successor Secretary, Project Development—

(2) The Department Head of the superseded declared Department—

(b) must make the register reasonably available for inspection by the successor Secretary, Project Development or other interested person.

S. 75ZB inserted by No. 30/2020 s. 21.

75ZB Validity of things done under this Division

(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

Division 3—Change of name of declared Department

S. 75ZC inserted by No. 30/2020 s. 21.

75ZC Application of Division

This Division applies if—

(a) an Order is made under section 10(c) of the Public Administration Act 2004 that changes the name of the declared Department; and

(b) an Order is made under section 5AA declaring a Department with the changed name (a change of name Order).

S. 75ZD inserted by No. 30/2020 s. 21.

75ZD Change of name of declared Department

The taking of effect of a change of name Order does not—

(a) create a new legal entity; and

(b) prejudice or affect the identity of the Secretary, Project Development as a body corporate or the continuity of that body corporate; and

(d) render defective any legal proceedings by or against the Secretary, Project Development.

New Pt 9 (Heading and ss 76–78) inserted by No. 16/2003 s. 26.

Part 9

Transitional and saving provisions

Part 9—Transitional and saving provisions

S. 76 inserted by No. 16/2003 s. 26.

Confirmation of nomination order

76 Confirmation of nomination order

For the removal of doubt, the order entitled Amendment of Nomination Orders made by the Governor in Council on 5 March 2002 and published in the Government Gazette on 27 March 2002 is deemed to be and always to have been valid and effective in accordance with its terms.

S. 77 inserted by No. 16/2003 s. 26.

Confirmation of direction

77 Confirmation of direction

For the removal of doubt, the direction given by the Minister for Major Projects to the Secretary to the Department of State and Regional Development under section 41D and dated 28 February 2002 is deemed to be and always to have been valid and effective in accordance with its terms.

S. 78 inserted by No. 16/2003 s. 26, repealed by No. 30/2020 s. 22.

S. 79 inserted by No. 27/2009 s. 22, repealed by No. 30/2020 s. 23.

S. 79A inserted by No. 30/2020 s. 24.

79A

Body corporate is dissolved

79A Body corporate is dissolved

On the commencement of this section, the body corporate established under section 41A, as in force immediately before the commencement of this section, is dissolved.

Pts 8, 9 (Headings and ss 60–69) repealed by No. 46/1997 s. 16(2).

Pt 10 (Heading and ss 80–94) inserted by No. 27/2009 s. 23, amended by Nos 69/2009 s. 54(Sch. Pt 1 items 44.3, 44.4), 6/2010 s. 203(1)
(Sch. 6 item 38) (as amended by No. 45/2010 s. 22), repealed by No. 30/2020 s. 25.

Schedule—Major state projects

1 Melbourne Casino Project

2 New Exhibition Centre Project

3 New Museum of Victoria Project

4 State Library Restoration and Extension Project

5 Living Museum of Aboriginal Culture Project

6 Old Customs House Project

7 Old Treasury Building Project

8 City Square/Regent Theatre Project

9 Bayside Project

10 Bundoora Mont Park Precinct Project

11 Princes Gate Plaza Project

12 Jolimont Project

13 Southbank Project

14 Lynch's Bridge Project

15 Melbourne Sports and Aquatic Centre Project

16 Convention Centre Project

17 Prince Henry's Site Disposal Project

18 National Tennis Centre Pedestrian Bridge Project

19 Queen Victoria Hospital Site Project

20 Docklands Project

21 Olympic Park Car Park Project

22 Redevelopment of the MCG Southern Stand Project

23 Bullock Island Project

24 Rapid Transit Link Project

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 15 November 1994

Legislative Council: 6 December 1994

The long title for the Bill for this Act was "A Bill to facilitate certain development projects in Victoria, to provide for the setting of standards and the issuing of directions in relation to public construction, to establish the Secretary to the Department of Planning and Development as a body corporate, to provide for the transfer of certain matters from the Urban Land Authority to the Secretary to the Department of Planning and Development, to amend the Bayside Project Act 1988, to repeal the Public Lands and Works Act 1964, and to make consequential amendments to other Acts and for other purposes.".

The Project Development and Construction Management Act 1994 was assented to on 13 December 1994 and came into operation as follows:

Sections 1, 2 on 13 December 1994: section 2(1); sections 3–28, 35–59, 63, Schedule on 12 January 1995: Government Gazette 12 January 1995 page 15—see Interpretation of Legislation Act 1984; rest of Act on 22 May 1995: Government Gazette 18 May 1995 page 1180.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Project Development and Construction Management Act 1994 by Acts and subordinate instruments.

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Financial Management and Audit Acts (Amendment) Act 1995, No. 43/1995

Project Development and Construction Management (Amendment) Act 1997, No. 46/1997

Planning and Environment (Amendment) Act 1997, No. 103/1997

Residential Tenancies Act 1997, No. 109/1997

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Transfer of Land (Single Register) Act 1998, No. 85/1998

Project Development and Construction Management (Amendment) Act 2000, No. 72/2000

Commonwealth Games Arrangements Act 2001, No. 57/2001

Commonwealth Games Arrangements (Amendment) Act 2003, No. 16/2003

Public Administration Act 2004, No. 108/2004

Public Administration Amendment Act 2009, No. 27/2009

| Assent Date: | 17.6.09 | | Commencement Date: | Ss 18(1), 19(1), 20, 23 on 18.6.09: s. 2(1); ss 18(2), 19(2)(3), 21, 22 on 30.6.09: s. 2(3) | | Current State: | This information relates only to the provision/s amending the Project Development and Construction Management Act 1994 |

Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, No. 45/2009

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

| Assent Date: | 2.3.10 | | Commencement Date: | Ss 25(5)(Sch. 2 item 11), 203(1)(Sch. 6 item 38) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 | | Current State: | This information relates only to the provision/s amending the Project Development and Construction Management Act 1994 |

Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010, No. 23/2010

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Project Development and Construction Management Amendment Act 2020, No. 30/2020

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

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3 Explanatory details

No entries at date of publication.

Source text: opening excerpt

Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

1 Project Development and Construction Management Act 1994

Version No. 047

Project Development and Construction Management Act 1994

No. 101 of 1994

Version incorporating amendments as at
6 August 2025

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 2

3 Definitions 2

4 Crown bound 7

5 Application of Act 7

5AA Declaration of declared Department 8

5A Transport Integration Act 2010 8

Part 2—Nomination of projects 9

6 Nomination order 9

7 Contents of order 9

8 Application order 9

8A Orders may be amended or revoked 10

9 Tabling of orders 10

11 Delegation by facilitating agency 11

12 Responsible Minister's directions 12

13 Treasurer's directions 12

Part 3—Provisions relating to nominated projects 13

Division 1—Agreements and arrangements 13

14 Contracts and agreements 13

15 Arrangements 13

16 Reciprocal arrangements with public sector agencies 14

Division 2—Obtaining land 14

17 Grant of land to facilitating agency 14

18 Surrender or divesting of land of other bodies 16

18A Surrender of interests in unreserved Crown land 17

19 Acquisition by agreement 19

20 Compulsory acquisition 19

Division 2A—Compensation for surrendered or divested land 20

20A Right to compensation on surrender or divesting 20

Division 2B—Entry into possession of surrendered or divested land 21

20B Interpretation 21

20C Application 21

20D Power to enter into possession 21

20E Entry into possession 21

20F Recovery of rent 24

20G Proceedings where refusal to give up possession 24

20H Residential Tenancies Act 1997 not to apply 26

20I Giving of notice 26

20J Minor misdescription not to invalidate notice 26

Division 3—Disposing of land 26

21 Facilitating agency may surrender land to the Crown 26