Project Development and Construction Management Act 1994

Nominated project and application order: A nominated project is a development declared by a nomination order (ss 6-7). An application order supplements that by specifying which provisions of Part 3 apply to that project and, if relevant, to the facilitating agency or responsible Minister; the Governor in Council may also specify the project’s land area and other particulars (s 8). The Act therefore separates the decision to designate a project from the decision to apply particular statutory powers, so that the suite of powers used for one project can differ from another (s 5(1)-(2)).

Facilitating agency and responsible Minister: A facilitating agency is the public statutory corporation named in a nomination order as the entity responsible for facilitating the project (s 3 defn; ss 6-7). The responsible Minister is the Minister named in the nomination order (s 3 defn; s 7). The responsible Minister may give written directions to a facilitating agency in relation to a project and the agency must comply (s 12). The Treasurer similarly may issue written directions relating to project financing where there may be direct, indirect or contingent liability to the State, and the facilitating agency must comply (s 13).

Land acquisition and possession: The Act provides multiple land mechanisms. The Governor in Council may grant Crown land to a facilitating agency for a project (s 17). The Governor in Council may require a public body to surrender land or divest land from a public body for a project (s 18), and the responsible Minister may recommend surrender of interests in unreserved Crown land and prescribed contractual rights (s 18A). Acquisition by agreement (s 19) and compulsory acquisition (s 20) are explicitly available for project purposes, with the Land Acquisition and Compensation Act 1986 applying to acquisitions under s 20 (s 20(2)). Division 2A (s 20A) preserves compensation rights for persons (other than public bodies) who held estates, interests or prescribed contractual rights immediately before a surrender/divestment order.

Entry into possession and occupation: Division 2B sets out time limits, notice requirements and compensation consequences for entry into possession of surrendered land (ss 20D-20J). Notably, if the surrendered land is used as a person’s principal place of residence or business at the surrender date, the responsible Minister may not enter into possession of the relevant land before the end of three months after the surrender date unless a seven days' notice is given, or unless the Governor in Council certifies urgency (s 20E(2)-(4)). The Residential Tenancies Act 1997 is excluded from applying to matters under that Division (s 20H).

Disposal and roads: Facilitating agencies may sell, lease, licence or otherwise dispose of land vested in them on terms they consider appropriate (s 22). For roads, the responsible Minister or facilitating agency may open, close or realign roads and must make provision for existing apparatus and for compensation where appropriate (ss 23-24). A specific compensation certification power caps certain road closure compensation at amounts not exceeding $400 (ss 23(4)-(5)).

Standards and directions for public construction: The Minister may set standards and issue directions relating to public construction (ss 29-30). Standards and directions may be general or targeted, may confer discretion, may adopt external documents or codes, and may exempt classes from their application (s 32). Standards/directions apply to Departments and public bodies unless specified otherwise (s 33). The Act expressly provides that where a standard or direction is inconsistent with a supply policy under the Financial Management Act 1994, the standard or direction prevails to the extent of the inconsistency (s 31).

Secretary, Project Development: The Secretary, Project Development is constituted as a body corporate by the Department Head of a declared Department and successors in office (s 41A). Its functions include facilitating and managing public construction by agreement, providing consultancies and advice, and performing functions under Part 3 and Part 9A of the Planning and Environment Act 1987 (s 41B). It possesses all powers necessary to perform those functions (s 41C), is subject to Ministerial control (s 41D), and may delegate powers to employees of the declared Department (s 41F).

Transfers, certificates and validation: The Act contains comprehensive transfer provisions in Part 7 (ss 48-75L), including transfer orders to move property, rights and liabilities between the Secretary, Project Development and designated transport bodies (ss 75-75A). Certificates signed by Department Heads are admissible as evidence that specified property, rights or liabilities have been transferred or vested (ss 59, 72, 75K). The Act also contains express non-derogation/validation clauses preventing transfers from being treated as breaches of contract, disclosure obligations, or triggering termination rights in many circumstances (e.g. ss 60, 73, 75L).

Information and confidentiality: Persons "connected with a nominated project" are prohibited from improper use of project information and from recording or divulging confidential information save for enumerated exceptions (ss 42-43). A person is connected for these purposes if they are a participant in a project joint venture/arrangement or a party to an agreement with the facilitating agency (s 44).

Financial instruments and exemptions: The Treasurer may exempt or defer taxes, duties and charges relating to nominated projects on recommendation of the responsible Minister (s 26). The Treasurer may give guarantees, indemnities or covenants in relation to project obligations, subject to obtaining written consent from Ministers and relevant public bodies or their Ministers where required (s 27). Where an application order so provides, facilitating agencies may be deemed authorities under the Borrowing and Investment Powers Act 1987 and given specific borrowing powers (s 28).

Regulation and administration: The Governor in Council may make regulations to give effect to the Act (s 46). The Act additionally authorises orders to amend or revoke nomination and application orders and to make consequential arrangements (s 8A).

Ministers and the Premier: The Governor in Council acts on the Premier’s recommendation to make nomination orders and application orders that create nominated projects and specify which statutory powers apply (ss 6-8, 8A). The Premier must cause copies of nomination and application orders and statements of reasons to be laid before Parliament (s 9). The responsible Minister named in a nomination order gains directional authority over facilitating agencies for the project (s 12).

Treasurer: The Treasurer has financing control points. The Treasurer may give written directions to a facilitating agency about financing matters where State liability may arise (s 13), may grant tax and charge exemptions or deferrals on recommendation of the responsible Minister (s 26), may execute guarantees, indemnities and covenants for project contracts (s 27), and must be consulted where a reciprocal arrangement provides for allocation of funds (s 16(2)). Several provisions require Treasurer approval or impose conditions on actions by facilitating agencies (e.g. s 15 approval for formation or investment in bodies).

Facilitating agencies and public statutory corporations: A facilitating agency is the public statutory corporation named in a nomination order to manage or facilitate a project (s 3 defn; ss 6-7). Facilitating agencies may enter contracts and arrangements for a project (s 14), form or participate in corporations, trusts or partnerships with Treasurer approval (s 15), enter reciprocal arrangements with public sector agencies (s 16), acquire and dispose of land (ss 17, 22), and exercise road and building powers (ss 23-25). Facilitating agencies must comply with Ministerial and Treasurer directions (ss 12-13) and may delegate functions subject to specified limits (s 11).

Departments, declared Departments and Secretaries: The Act defines Departments and Department Heads consistent with the Public Administration Act 2004 (s 3). A declared Department may be specified under s 5AA; the Department Head becomes the Secretary, Project Development and a body corporate (s 41A). The Secretary, Project Development is a potential facilitating agency with functions for public construction and may perform project functions under Part 3 (ss 41B-41C). Delegations to employees of the declared Department are expressly available (s 41F).

Public bodies and authorities: The Act’s definitions include public statutory authorities and State business corporations where Part 3 and Part 4 reference “public body” (s 3 defn). The Governor in Council may require a public body to surrender land or divest it for a nominated project, and that public body must comply (s 18(1), (3)). Where Crown land or public body land is surrendered or divested, affected parties may have compensation rights (s 20A).

Landowners, occupiers and contract counterparties: Private landowners and occupiers of surrendered land are affected by the surrender/divestment and acquisition powers (ss 18-20, 20A, 20D-20J). The Act establishes notice periods and possession procedures, including a three month protected occupation period for principal residence or business use before entry into possession (s 20E(2)). Contract counterparties dealing with facilitating agencies may find their rights and liabilities transferred to a successor facilitating agency or transferee transport body, with statutory substitutions and evidentiary certificates provided (e.g. ss 51, 75C, 59, 75K).

Contractors, consultants and private sector participants: The Act authorises facilitating agencies to enter agreements and arrangements with any person for nominated project purposes (s 14), to participate in joint ventures or subscribe for shares or units with Treasurer approval (s 15), and to enter reciprocal arrangements with public sector agencies concerning works, services and the allocation of funds (s 16). The Secretary, Project Development may provide consultancies, information and advice to Departments and public bodies, and by agreement may facilitate and manage construction for other persons or bodies (s 41B).

Local government and councils: The Building Act administration for a nominated project can be assigned to a facilitating agency or another person by order of the Minister for Building Act administration (s 25(1)-(2)). Road closures and realignments effected under ss 23-24 have statutory effects on roads and rights in the land, and facilitating agencies or the responsible Minister may temporarily close roads for works (s 24(3)).

Regulators and registries: The Registrar of Titles must make recordings in the Register when requested to reflect property dealings effected under the Act (s 45(2); ss 56, 69, 75H, 75X). Transfer provisions also include non-application of duties or taxes in respect of transfers effected under certain Divisions (ss 57, 70, 75I).

Persons connected with a nominated project: The Act creates criminal/penal consequences for those who misuse or improperly disclose project information. Persons "connected with a nominated project" include participants in project joint undertakings and parties to agreements with the facilitating agency (s 44). Offences for improper information use and confidentiality attract penalties (ss 42-43).

Interested stakeholders should read nomination and application orders carefully, because the application order determines which Part 3 provisions apply to each project and agency (s 5(1)-(2)). That conditional structure means effects differ materially between projects.

Who decides and key decision points: The Governor in Council, on the Premier’s recommendation, decides whether a development becomes a nominated project and which agency and Minister are responsible (ss 6-8). The responsible Minister and the Treasurer have statutory directional powers over facilitating agencies: the responsible Minister may give written directions on project matters and the facilitating agency must comply (s 12); the Treasurer may give written directions about financing matters where State liability is implicated and the facilitating agency must comply (s 13).

Facilitating agencies’ rights and duties: A facilitating agency may enter into contracts, agreements and other arrangements with any person for a nominated project (s 14). With Treasurer approval, a facilitating agency may form or participate in corporations, acquire shares or units, acquire partnership interests and enter into profit-sharing or joint venture arrangements for the project (s 15). Facilitating agencies may enter into reciprocal arrangements with Ministers, Departments and public bodies for carries-out or provision of functions, works or services and must consult the Treasurer before entering arrangements providing for allocation of funds collected under such an arrangement (s 16(1)-(2)). Facilitating agencies must comply with Ministerial and Treasurer directions (ss 12-13), and may delegate functions in accordance with s 11.

Land acquisition and compensation rights: The responsible Minister or facilitating agency may acquire land by agreement on terms it considers appropriate (s 19). Compulsory acquisition for a project is available (s 20), with the Land Acquisition and Compensation Act 1986 applying (s 20(2)). Persons (other than public bodies) who held a legal or equitable estate or interest immediately before a surrender/divestment order or, where applicable, a prescribed contractual right, have a claim for compensation under s 20A, with the Land Acquisition and Compensation Act 1986 (except ss 31-36) applying to the determination of that compensation (s 20A(1)-(2)).

Possession rights, notice and tenant protections: The responsible Minister may enter into possession of surrendered land (s 20D), but must diligently endeavour to agree terms with the occupier (s 20E(1)). If the land is used as the occupier’s principal residence or business at the surrender date, the Minister must not enter until three months have elapsed unless seven days' notice is given and the Governor in Council certifies urgency or the parties agree otherwise (s 20E(2)-(4)); during the protected period the occupier is not liable to pay rent (s 20E(3)). Continued occupation beyond the protected period without agreement is treated as a tenancy at will and liable for fair market rent to the Crown (s 20E(8)). The Act excludes the Residential Tenancies Act 1997 from applying to matters in Division 2B (s 20H).

Disposal and development rights: Facilitating agencies may sell, lease, grant licences or easements and otherwise dispose of land vested in them on any terms they consider appropriate (s 22(1)-(2)). The responsible Minister may likewise grant Crown leases or recommend sale/disposition of Crown land on terms the Minister considers appropriate (s 22(3)-(6)). Where a sale or disposition is accompanied by an agreement about use or development, Division 2 of Part 9 of the Planning and Environment Act 1987 applies to such agreements as if the responsible Minister or facilitating agency were the responsible authority (s 22(8)).

Roads and infrastructural duties: The responsible Minister or facilitating agency may construct, realign, relocate, open or close roads and must ensure existing pipes, wires and apparatus are provided for before making decisions to close, realign or relocate (s 23(1)-(2)). Compensation duties apply where lands or owners are substantially affected, with the responsible Minister able to cap compensation by certificate at amounts not exceeding $400 in specified cases (s 23(3)-(6)). Decisions to close or realign a road have no effect until published in the Government Gazette and in a newspaper circulating in the affected area (s 24(1)).

Standards, directions and procurement duties: The Minister may set standards and issue directions for public construction not inconsistent with other Acts or statutory rules; those standards and directions may be tailored in application, may confer discretion or impose duties, adopt external documents and exempt classes of persons (ss 29-32). Standards or directions apply to public construction undertaken by or on behalf of Departments or public bodies unless specified otherwise (s 33). The Minister must make standards and directions available on request and include a list in the Department’s report of operations (s 34).

Financial duties and consents: The Treasurer may exempt or defer taxes, duties and charges by instrument on recommendation of the responsible Minister (s 26), but the responsible Minister must obtain the written consent of the person or body levying a duty or charge (other than Consolidated Fund receipts) before recommending an exemption (s 26(3)). The Treasurer may execute guarantees, indemnities or covenants on terms the Treasurer thinks fit (s 27(1)), but must first obtain written consent of Ministers who are parties to the relevant contract or, where public bodies are parties, the relevant public body and its administering Minister (s 27(2)).

Information duties and prohibitions: Persons connected with a nominated project must not improperly use information to gain pecuniary advantage or intend to cause detriment, with a penalty of 50 penalty units (s 42). They must not make confidential records or divulge confidential information except in enumerated circumstances, including carrying out official duties, obligations under the Act or agreements, with the responsible Minister’s consent, to a court in proceedings under the Act, or where the information is already in the public domain (s 43(1)(a)-(e)); contraventions attract the same 50 penalty unit maximum (s 43). “Connected” is defined to include participants in project joint undertakings and parties to agreements with facilitating agencies (s 44).

Delegation, substitution and continuity rights: Facilitating agencies may delegate functions to specified officers, officers of the declared Department when the facilitating agency is the Secretary, Project Development, or with Ministerial consent to other persons or bodies (s 11). The Act provides that substitutions of parties to agreements occur on transfers of rights/liabilities to the Secretary, Project Development or transferee transport bodies, and that such substitutions are treated as if the new party had always been a party (e.g. ss 51, 64, 75C). Numerous provisions validate transfers and prevent the transfers being treated as breaches, defaults or grounds for contract termination (e.g. ss 60, 73, 75L).

Criminal/penal offences and penalties: The Act sets out two explicit penalty regimes. Section 42 prohibits a person connected with a nominated project from making improper use of information acquired from their connection with the project, with the penalty set at 50 penalty units. Section 43(1) forbids persons connected with a nominated project from making records of, or divulging, confidential information about the project except in limited circumstances; that prohibition similarly attracts a 50 penalty unit penalty. The Act defines when information is "obtained in confidence" for s 43(2) as including circumstances in which the person knew or ought reasonably to have known the information was confidential.

Administrative enforcement powers in possession and removal: Where the responsible Minister is entitled to enter into possession of surrendered land and an occupier refuses to give up possession or hinders entry, the Minister may issue a warrant to the sheriff authorising entry, delivery of possession and the reasonable use of force to execute the warrant (s 20G(1)-(3)). The costs incurred in issuing and executing a warrant must be paid by the person refusing to give up possession and may be deducted from any compensation payable under the Act (s 20G(4)-(6)). If compensation is insufficient to meet costs and rent, the Minister may enforce payment by a warrant to seize property on application to a magistrate (s 20G(6)-(7)).

Debt recovery and rent: Rent payable to the Crown under s 20E may be recovered as a debt due to the Crown in any court of competent jurisdiction (s 20F). Continued occupation after the surrender date without agreement is taken to be tenancy at will and renders the occupier liable to pay fair market rent to the Crown (s 20E(8)).

Compensation determination: The Act preserves compensation rights where land is surrendered or divested (s 20A). The Land Acquisition and Compensation Act 1986 applies to the determination of compensation under s 20A as if the publication of a surrender/divestment order were a notice of acquisition and the responsible Minister had acquired the estate/interest on behalf of the Crown (s 20A(2)). For road closure compensation, the responsible Minister may certify that compensation payable should not exceed a specified small amount (not more than $400), and that certified amount will be the full amount payable (ss 23(4)-(5)). If a person cannot be found who might be entitled to compensation, the responsible Minister may direct that no provision or a specified provision be made for that person (s 23(6)).

Judicial substitute and substitutional evidence: The Act provides substitution mechanisms and certificated evidence to streamline transfer and substitution disputes. Certificates signed by the Department Head of the Department of Transport and Planning (or declared/superseded Departments as appropriate) certifying vesting of property, rights or liabilities are admissible as evidence and, absent contrary evidence, are proof of the facts certified (ss 59(1), 72(1), 75K(1), 75ZA(1)). Registers of such certificates must be kept and made reasonably available (ss 59(2), 72(2), 75K(2), 75ZA(2)), which assists transferees and counterparties to establish legal title and liability.

Injunctions, remedies and safeguards: The Act contains multiple provisions validating transfers and stipulating that transfers or substitutions are not to be regarded as placing persons in breach of contract or legal confidence, or as releasing sureties or obligors (e.g. ss 60( a)-(d), 73(a)-(d), 75L(a)-(g), 75ZB(a)-(d)). Those validation clauses limit some standard contract and equitable remedies that counterparties might otherwise seek in response to a transfer of property, rights or liabilities under this Act.

Registrar recording duties and tax non-application: The Registrar of Titles is obliged, on request and on delivery of relevant instruments, to make recordings in the Register necessary because of the operation of this Act or orders made under it (s 45(2)). Certain transfer Divisions include express provisions that no stamp duty or other tax is chargeable in respect of things done under the Division or acts or transactions necessary to give effect to it (e.g. ss 57, 70, 75I).

Procedural limits and protections: The Act imposes procedural limits prior to entry into possession (s 20E), provides for publication requirements before road closure decisions take effect (s 24(1)), and requires consultation with the Treasurer before allocation of funds under reciprocal arrangements (s 16(2)). The Act also excludes the application of the Residential Tenancies Act 1997 to Division 2B matters (s 20H), which changes the enforcement and remedy landscape for occupiers of surrendered land.

Regulatory instruments and standards enforcement: The Minister’s standards and directions for public construction (ss 29-34) are enforceable in that facilitating agencies and public bodies must comply with directions; standards and directions may impose duties and confer discretionary authority on persons or classes of persons (s 32). The Act requires publication and availability of standards and a yearly list in the Department’s report of operations (s 34).

Interface and precedence: The Act identifies itself as interface legislation within the meaning of the Transport Integration Act 2010 (s 5A). It expressly provides that standards or directions under Part 4 prevail over supply policies within the meaning of the Financial Management Act 1994 to the extent of any inconsistency (s 31). Standards and directions must nevertheless be not inconsistent with any other Act or statutory rule (s 29-30), creating a layered interaction: Ministerial standards/directions are to be harmonised with existing law except where inconsistency with supply policies is expressly overridden by s 31.

Land and planning statutes: Land acquisition and grant provisions interact explicitly with the Land Act 1958 and the Crown Land (Reserves) Act 1978. Grants of Crown land to facilitating agencies are subject to recommendations by the Minister administering Part IX of the Land Act 1958 and apply Part 339A-339B of the Land Act by analogy (s 17(2), (5)-(7)). The Governor in Council may not exercise certain surrender or divesting powers in relation to reserved Crown land (s 18(2), 18A(3), 22(5)). When facilitating agencies or responsible Ministers enter into agreements on use or development following disposition of land, Division 2 of Part 9 of the Planning and Environment Act 1987 applies to those agreements as if the responsible Minister or facilitating agency were the responsible authority, with certain modifications (s 22(8)).

Acquisition and compensation regimes: Compulsory acquisitions under s 20 are subject to the Land Acquisition and Compensation Act 1986, which applies to acquisitions under s 20 as the special Act; s 20(2) makes that connection explicit and designates the responsible Minister or facilitating agency as the Authority. Section 20A applies the Land Acquisition and Compensation Act 1986 (except sections 31-36) to determinations of compensation for surrendered or divested land, treating the publication of an order as a notice of acquisition (s 20A(2)).

Building and local government law: Section 25 allows the Minister administering the Building Act 1993 to declare that administration and enforcement in relation to all or part of a nominated project is to be carried out by the facilitating agency or another person, and directs that references in the Building Act to councils and building surveyors are to be read as references to the facilitating agency or the person specified in the ministerial order. This creates an operational transfer of building regulatory functions for nominated projects.

Financial and supply law: The Act interacts with the Financial Management Act 1994 by creating an express rule of precedence where standards and directions inconsistent with a supply policy prevail (s 31). The Treasurer’s exercise of guarantees and indemnities under s 27 must comply with the Borrowing and Investment Powers Act 1987’s s 30 application (s 27(3)). Where an application order so provides, facilitating agencies may be deemed authorities under the Borrowing and Investment Powers Act 1987 and be subject to specific sections as specified (s 28).

Evidence and procedure: The Act aligns with the Evidence Act 2008 for admissibility with respect to books of account and entries recorded by transferred bodies: the Evidence Act applies to the books and entries of the Secretary DIIRD body corporate or Secretary, Project Development so they can be treated as business records of transferees upon transfer (e.g. ss 58(2), 71(2), 75J(2), 75Z(2)). Certificates by Department Heads under ss 59, 72, 75K are made admissible as proof of transfers absent contrary evidence, easing evidentiary burdens in court and registries.

Charter of Human Rights and Responsibilities Act 2006: Several validation provisions in the transfer Divisions explicitly exclude the Charter from being overridden (e.g. ss 60, 73, 75L refer to "other Acts (other than the Charter of Human Rights and Responsibilities Act 2006)"). That means transfers and validations in Parts 7-8 are subject to the Charter, according to those clauses.

Tax and stamp duties: Transfers effected under certain Divisions are expressly stated to be free from duty or other taxes under any Act in respect of things done under the Divisions, including transactions and instruments necessary to effect transfers (e.g. ss 57, 70, 75I). However, s 26 sets out that the Treasurer may exempt or defer duties, rates or charges on recommendation of the responsible Minister, but that written consent of the person levying the duty (other than one payable into the Consolidated Fund) must be obtained before making a recommendation (s 26(1), (3)).

Residential Tenancies Act and tenant law: Division 2B provides that the Residential Tenancies Act 1997 does not apply to matters or proceedings under that Division (s 20H). Occupiers whose rights are governed by Division 2B must therefore look to the Act’s own provisions on occupation periods, notice and compensation (s 20E), rather than the general tenant protections under the Residential Tenancies Act.

Registrar and land registration law: The Registrar of Titles is required to make recordings required because of the operation of this Act on request (s 45(2) and ss 56, 69, 75H, 75X), providing a direct administrative interface with the Transfer of Land Act 1958’s registration regime.

In sum, the Act is drafted to operate across and to alter the operation of multiple existing statutory regimes (land acquisition and compensation, the Land Act, the Building Act, the Planning and Environment Act, evidence law, taxation and supply policy). Those interactions are dealt with by explicit cross-references, precedence rules and validation clauses that aim to create continuity and legal certainty for transfers and decisions taken under the Act.

This version text includes amendments enacted between the original Act and 6 August 2025; the Schedule and Table of Amendments in the source provide the legislative instruments and dates by which the Act was amended. Key amendment instruments recorded in the Act’s endnotes include:

• Financial Management and Audit Acts (Amendment) Act 1995 (No. 43/1995), assent 14 June 1995.
• Project Development and Construction Management (Amendment) Act 1997 (No. 46/1997), assent 11 June 1997.
• Planning and Environment (Amendment) Act 1997 (No. 103/1997), assent 16 December 1997.
• Residential Tenancies Act 1997 amendments (No. 109/1997), Commonwealth Games and other amendments across 2000s and 2010s.
• Project Development and Construction Management (Amendment) Act 2000 (No. 72/2000), assent 21 November 2000.
• Public Administration Act 2004 amendments (No. 108/2004), effect 5 April 2005 for certain items.
• Public Administration Amendment Act 2009 (No. 27/2009), assent 17 June 2009, which inserted key new Part 5A (s 41A and following) establishing the body corporate concept in its then-form.
• Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 (No. 45/2009), assent 5 August 2009, which inserted confidentiality and related changes (s 43 updates).
• Evidence consequential amendments and Justice miscellaneous amendments in 2009 (Nos 69/2009 and 87/2009).
• Transport Integration Act 2010 amendments to make this Act interface legislation (No. 6/2010), including s 5A.
• Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010 (No. 23/2010) (s 26 on contributions).
• Victoria Police Amendment (Consequential and Other Matters) Act 2014 (No. 37/2014).
• Project Development and Construction Management Amendment Act 2020 (No. 30/2020), assent 27 October 2020, with broad structural insertions and reworkings of Part 7, Part 8 and related transfers; many sections in the current text are products of that 2020 amendment (for example, ss 47-75L and the modern Secretary, Project Development provisions).
• Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025 (No. 25/2025), assent 5 August 2025, with commencement of Schedule 1 item 34 effective 6 August 2025 (reflected in s 59 and s 72 amendments).

The Act’s endnotes detail commencement dates and indicate that the original Act was assented to on 13 December 1994 and brought into operation in stages (ss 1-2 on 13 December 1994; many operative provisions on 12 January 1995 and 22 May 1995), and that later amendments had their own commencement dates (see the Table of Amendments entries in the source).

Mechanically important amendment effects included (as reflected in the text):

• The insertion and later reworking of the Secretary, Project Development concept and body corporate provisions (s 41A and Part 5A adjustments over time).
• The 2020 amendments substantially restructured Part 7 to provide comprehensive transfer mechanics, including transfers to Head, Transport for Victoria and transfer orders to other transport bodies (ss 48-75L).
• The 2009 and later 2010-2020 amendments clarified evidentiary treatment of transferred books and certificates (ss 58, 59, 71, 72, 75K) and harmonised parts of the Act with the Public Administration Act 2004.

The Table of Amendments in the source lists specific sections altered by each amending Act and provides their assent and commencement dates. Those entries are the statutory record of change; the text reproduced here is the Version incorporating amendments as at 6 August 2025.

The Act’s text and endnotes do not record judicial decisions or citations of cases arising under the Act. The legislation itself provides a number of provisions that affect litigation risk and procedures:

• It prescribes evidentiary certificates by Department Heads that are admissible and, absent contrary evidence, proof of transferred property, rights or liabilities (ss 59, 72, 75K). Those certificates change the evidentiary starting point in litigation about title and transfer.
• The Act contains multiple validation clauses preventing acts done under its transfer and vesting provisions from being treated as breaches of contract, confidence, defaults under other Acts (with an express exception for the Charter of Human Rights and Responsibilities Act 2006), or as giving rise to contract termination rights (e.g. ss 60, 73, 75L, 75ZB). These clauses narrow available causes of action and disclose statutory defences that a defendant might raise in litigation related to transfers effected under the Act.
• The Act makes the Land Acquisition and Compensation Act 1986 apply to acquisitions under s 20 (s 20(2)) and to compensation determinations for surrender/divestment (s 20A(2)), thus channeling compensation disputes into the statutory acquisition and compensation processes and judicial review or appeals mechanisms that apply to that Act.
• For disputes about possession where an occupier refuses to vacate surrendered land, the Act creates an administrative path for the responsible Minister to obtain and enforce a sheriff’s warrant (s 20G), including costs recovery mechanisms that can be deducted from compensation or enforced by seizure after magistrate application (s 20G(4)-(7)). That mechanism alters litigation posture by providing an executive enforcement route and a statutory priority for costs and rents against compensation payments.

Because the source text makes no mention of reported cases, this section cannot catalogue judicial interpretations, appeals or precedents. Practitioners must therefore consult case law databases external to the Act text to identify any reported litigation that has interpreted particular provisions, evidential certificates and validation clauses. The statutory provisions identifying certificates as proof (ss 59, 72, 75K) and non-derogation clauses (ss 60, 73, 75L) will be likely focal points in any judicial review or contractual dispute about transfers effected under this Act; such litigation history is not recorded in the document supplied.

Application orders determine scope: Part 3 provisions apply to a nominated project only if those provisions are specified in an application order (s 5(1)). That means the suite of statutory powers that applies to any given nominated project is not uniform; a practitioner must check the nomination order and the application order to see whether land acquisition, compulsory purchase, disposal, road powers, financial powers, and other Part 3 provisions are engaged for that project (ss 6-8, 5(1)-(3)).

Ministerial and Treasurer directions are binding but do not invalidate contracts: Facilitating agencies must comply with written directions from the responsible Minister (s 12(1)-(2)) and with the Treasurer’s written directions on financing where State liability may arise (s 13(1)-(2)). However, an agreement, arrangement or contract entered into in contravention of a direction is not void solely for that reason (ss 12(3), 13(3)). Parties should therefore be cautious: non-compliance with a direction may expose a facilitating agency to administrative consequences, but does not automatically void the private contract, so parallel remedies or disputes may arise.

Standards and supply policy precedence: Standards or directions under Part 4 can be tailored and may adopt external codes or documents (s 32(e)), and they expressly prevail over supply policies to the extent of inconsistency (s 31). Contractors and procurement advisers must therefore examine standards/directions applicable to a project because they can displace supply policy requirements (s 31), potentially altering procurement rules and supplier obligations.

Land surrender and occupation protections with urgent exceptions: Occupiers who use surrendered land as a principal place of residence or business have a three month protection before entry into possession (s 20E(2)-(3)). However, the Governor in Council on the responsible Minister’s recommendation may certify urgency or exceptional circumstances permitting earlier entry (s 20E(4)(a)). That certificate must specify the date the Minister is to take possession and be provided to the occupier (s 20E(10)-(11)). Practitioners advising occupiers should heed that the statutory protection can be abridged by executive certificate, albeit with a right to claim compensation for any abridged occupation period (s 20E(12)).

Compensation and cost deductions: If a person refuses to vacate surrendered land and the Minister obtains a warrant and pays costs to execute it, the costs incurred may be deducted from any compensation payable and, if compensation is insufficient, the excess costs may be recovered by a warrant to seize property after a magistrate’s order (s 20G(4)-(7)). Occupiers therefore risk deductions from compensation sums and enforcement actions for unpaid costs and rents.

Residential Tenancies Act exclusion: Division 2B expressly excludes the application of the Residential Tenancies Act 1997 to matters in that Division (s 20H). That exclusion changes the legal character of occupier rights created under the Act and removes protections and procedures available under general residential tenancy law. Advice must be framed in terms of the Act’s special possession and compensation regimes (ss 20D-20J).

Small compensation cap for road decisions: The responsible Minister may certify that compensation in relation to road closure, realignment or relocation should not exceed an amount stated in the certificate not being more than $400; if so certified, that amount is the full amount payable (ss 23(4)-(5)). Counterparties should check if such a certificate exists or is likely, because it imposes a statutory cap on potential claims for certain affected persons.

Confidentiality exceptions and evidentiary certificates: The confidentiality prohibition contains enumerated exceptions, including disclosure in carrying out official duties or obligations under this Act, with the responsible Minister’s consent, or to a court in proceedings under this Act (s 43(1)(a)-(d)). Meanwhile, certificates by Department Heads are admissible evidence and proof absent contrary evidence (ss 59(1), 72(1), 75K(1)). Parties dependent on confidentiality should note these exceptions and the practical effect of Department Head certificates on evidentiary disputes.

Transfer validation and termination risk: Transfers effected under the Part 7 transfer divisions are accompanied by express clauses that nothing done under the Division is to be regarded as placing any person in breach of contract, as constituting a default under other Acts (except the Charter), or as giving rise to termination rights (ss 60, 73, 75L, 75ZB). Counterparties who rely on assignment, transfer or change-in-control clauses in contracts must be aware that statutory transfers may limit their contractual remedies and could foreclose termination where a transfer is made under the Act.

Tax and duty non-application: Transfers made under certain Divisions are expressly not subject to duty or other tax under any Act (e.g. ss 57, 70, 75I). While this reduces transactional costs associated with transfers, parties should check for the precise Division under which their transaction falls to determine tax implications.

Delegation nuance: Facilitating agencies may delegate functions under s 11, and the Secretary, Project Development may delegate powers under s 41F. When the facilitating agency is the Secretary, Project Development, delegation may be to officers of the declared Department (ss 11(1)(ab), 11(2)(ca), 41F(a)-(b)). Delegation instruments should be scrutinised for limits and conditions as delegations cannot sub-delegate a power of delegation (s 11(2)).

Regulatory availability: Standards and directions must be made available on request and listed in the Department’s annual report of operations (s 34), but there is no automatic public register of nomination or application orders beyond the Government Gazette procedure (ss 6-9). That practical detail can complicate due diligence unless orders are located.

Identify and read the nomination and application orders: Before undertaking or advising on any activity, confirm whether a development is a nominated project and which Part 3 provisions are specified to apply. The Act makes clear that Part 3 provisions do not apply unless specified in an application order (s 5(1)-(2)). Obtain copies of the nomination order, application order and any orders under s 8A amending or revoking them; these are published in the Government Gazette and required to be tabled before Parliament with reasons (ss 6-9, 8A). Compliance begins by establishing the statutory permissions and constraints the application order specifies.

Observe Ministerial and Treasurer directions: Facilitating agencies must comply with written directions from the responsible Minister and the Treasurer (ss 12-13). Where a facilitating agency is considering an agreement that involves potential contingent State liability, expect to engage with the Treasurer under s 13. Because non-compliance does not automatically void an agreement (ss 12(3), 13(3)), agencies should obtain and record Ministerial/Treasurer approvals or follow-up rectifications to avoid administrative risk.

Secure required consents and approvals for financial arrangements: For arrangements that require Treasurer approval (s 15) or where the Treasurer is empowered to execute guarantees or indemnities (s 27), secure the written consents required by s 27(2) before relying on such instruments. For tax/duty exemptions recommended by the responsible Minister under s 26, obtain the written consent of the person or body levying the duty (s 26(3)) before making a recommendation.

Follow land acquisition and possession procedures exactly: If participating in or advising on land surrender/divestment or acquisition matters, ensure compliance with the procedural safeguards and notices required by Division 2 and Division 2B: surrender/divestment must be by order of the Governor in Council on the responsible Minister’s recommendation (s 18(1)); persons who held legal or equitable estates or prescribed contractual rights before the order have compensation claims under s 20A; before entry into possession the responsible Minister must diligently endeavour to obtain agreement with the occupier and comply with the protected three month occupation period for principal residence/business use unless the Governor in Council certifies urgency (s 20E(1)-(4), (10)-(12)). Give or verify the presence of seven days' notice where required (s 20E(2), (5)) and use s 20I and s 20J where the occupier’s whereabouts are unknown or misdescriptions exist.

Account for tenant law exceptions: Do not treat occupants of surrendered land as tenants under the Residential Tenancies Act 1997 for matters in Division 2B; the Residential Tenancies Act does not apply to those proceedings (s 20H). Instead, follow the Act’s specific rules about protected occupation periods, tenancies at will and rent liabilities (s 20E).

Document and preserve confidentiality but understand exceptions: If you are a person connected with a nominated project, put in place procedures to avoid improper use or disclosure of confidential information (ss 42-43). Train staff to recognise exceptions (official duties, obligations under the Act or agreements, Ministerial consent, court proceedings, or information already in the public domain) and to use the responsible Minister’s consent route where disclosure is contemplated (s 43(1)(a)-(e)). Keep records of consents, disclosures to courts and other permitted communications to be able to show compliance.

Use Department Head certificates and registers for evidentiary security: For transfers and substitutions, rely on certificates under ss 59, 72, 75K or 75ZA as admissible evidence that property, rights or liabilities have vested or been transferred, and consult the registers kept by Department Heads for proof (s 59(2), 72(2), 75K(2), 75ZA(2)). Where registration of title changes is necessary, request the Registrar of Titles to make the required recordings (s 45(2); ss 56, 69, 75H, 75X).

Review standards and directions for procurement and contract obligations: Check whether the Minister has set standards or issued directions applicable to the project and ensure procurement, design and contract administration conform to those standards (ss 29-34). Remember that standards/directions may adopt external documents and that they prevail over supply policies to the extent of inconsistency (s 31, s 32(e)). Maintain records of the standards and any approvals or exemptions granted under s 32(f).

Plan for transfer and substitution events: Contracts should be drafted to anticipate statutory substitutions and transfers. The Act provides that when rights and liabilities transfer to the Secretary, Project Development or a transferee transport body, that entity becomes party to agreements in place of the transferring entity and the agreement is to be read as if the transferee had always been a party (e.g. ss 51, 64, 75C). Where transfers are expected, obtain, where possible, copies of the relevant transfer orders and Department Head certificates to evidence the change in counterparty.

Check taxation and duty consequences: If a transfer occurs under Part 7 Divisions that include tax non-application clauses (e.g. ss 57, 70, 75I), verify whether those clauses apply to the specific transaction to avoid unexpected duty or tax liabilities. For Treasurer-granted exemptions or deferrals under s 26, ensure required consents have been obtained.

Manage delegation and decision-making records: Where delegations are made under s 11 (facilitating agencies) or s 41F (Secretary, Project Development), maintain written instruments of delegation, sub-delegation notices where authorised, and records of the exercise of delegated powers. Delegations must specify conditions and cannot sub-delegate a power of delegation (s 11(2)).

When in doubt, check publication and reporting obligations: The Minister must make standards and directions available on request and include a list in the Department’s report of operations (s 34). Also, nomination and application orders are to be laid before Parliament and are published in the Government Gazette (ss 6-9). Use these sources to confirm the current statutory posture for a given project.

Engage early with the Treasurer and responsible Minister: For financial arrangements, reciprocal funding allocations and guarantees or indemnities, early consultation with the Treasurer and the responsible Minister is both a statutory requirement in some