Subdiv 2Special acquisition process

Subdivision 2—Special acquisition process Sch. 5A cl. 14 (Heading) amended by No. 49/2019 s. 183(Sch. 3 item 46(i)). Sch. 5A cl. 14 amended by No. 49/2019 s. 183(Sch. 3 item 46(j)). 14 Election by the Head, Transport for Victoria The Head, Transport for Victoria may, by notice published in the Government Gazette, elect to use the procedures under this Division for the acquisition under clause 11 of Schedule 5 of specified land that is part of the Redevelopment Project area or land in a specified part of the Redevelopment Project area for the purposes of the M1 Redevelopment Project. 15 Notice of intention to acquire Sch. 5A cl. 15(1) amended by No. 49/2019 s. 183(Sch. 3 item 46(k)). (1) If the Head, Transport for Victoria has made an election under clause 14, the Head, Transport for Victoria may publish in the Government Gazette a notice of intention to acquire the specified land that is part of the Redevelopment Project area or land in the specified part of the Redevelopment Project area. Sch. 5A cl. 15(2) amended by No. 49/2019 s. 183(Sch. 3 item 46(k)). (2) As soon as practicable after the publication of the notice under subclause (1), the Head, Transport for Victoria must serve a notice of intention to acquire the land on— (a) in the case of land that is under the operation of the **Transfer of Land Act 1958**, any person who appears from the Register to have an interest in the land; and (b) in the case of land that is not under the operation of the **Transfer of Land Act** **1958**— (i) any person who appears from an examination of the Register kept by the Registrar-General to be the owner of the fee simple or an equity of redemption or other interest in the land; and (ii) any person whom a municipal council certifies to be liable to be rated in respect of the land under the **Local Government Act 1989**; and (c) any person who appears to be an occupier of the land; and Sch. 5A cl. 15(2)(d) amended by Nos 70/2013 s. 4(Sch. 2 item 43.5), 25/2025 s. 106(Sch. 1 item 38.5). (d) in the case of an acquisition of a lease over Crown land or a licence that constitutes an interest in Crown land, any person whom the Secretary to the Department of Energy, Environment and Climate Action certifies to be the holder of an interest in that lease or licence under the **Land Act 1958** or the **Crown Land (Reserves) Act 1978**. Sch. 5A cl. 15(3) amended by No. 49/2019 s. 183(Sch. 3 item 46(k)). (3) A municipal council must provide a certificate under subclause (2)(b)(ii) on the written application of the Head, Transport for Victoria stating that it is required for the purposes of this clause. Sch. 5A cl. 16 amended by No. 49/2019 s. 183(Sch. 3 item 46(l)). 16 Further modification of Land Acquisition and Compensation Act 1986 If the Head, Transport for Victoria has made an election under clause 14, then in addition to the modifications to the application of the **Land Acquisition and Compensation Act 1986** made in clause 11, that Act applies to a redevelopment acquisition of the land to which the election applies as further modified by this Division. 17 Modification of Part 2 of the Land Acquisition and Compensation Act 1986 Part 2 of the **Land Acquisition and Compensation Act 1986** applies to an acquisition referred to in clause 16 as if in that Act— (a) that Part referred to— (i) a notice of intention to acquire an interest in land under clause 15 of Schedule 5A to the **Road Management Act 2004** instead of a notice of intention to acquire that interest under that Part; (ii) the publication of the notice of intention to acquire an interest in land in the Government Gazette under clause 15 of Schedule 5A to the **Road Management Act 2004** instead of the service of a notice of intention to acquire an interest under section 6 of that Act; (b) sections 6, 7 and 13 were omitted; (c) in section 12— (i) for "section 6" there were substituted "clause 15(2) of Schedule 5A to the **Road Management Act 2004**"; (ii) before "while the notice is in force" there were inserted "from the date of service of that notice and"; Sch. 5A cl. 17(d) amended by No. 49/2019 s. 183(Sch. 3 item 46(m)(i)). (d) for section 14(1) there were substituted— "(1) The Head, Transport for Victoria may, by notice published in the Government Gazette, amend any error in the description of any land in a notice under clause 15 of Schedule 5A to the **Road Management Act 2004** or any other matter contained in the notice. (1A) as soon as practicable after the publication of the notice under subsection (1), the Head, Transport for Victoria must serve a copy of the notice on any person on whom and in the same manner as the notice was served under clause 15 of Schedule 5A to the **Road Management Act 2004**;"; Sch. 5A cl. 17(e) amended by No. 49/2019 s. 183(Sch. 3 item 46(m)(ii)). (e) for section 15(2) there were substituted— "(2) If the Head, Transport for Victoria makes a determination under subsection (1), the Head, Transport for Victoria must— (a) publish a statement cancelling the notice of intention to acquire in the same manner as the notice was published under clause 15 of Schedule 5A to the **Road Management Act 2004**; and (b) serve a statement cancelling the notice of intention to acquire on all persons on whom the notice was served under clause 15(2) of Schedule 5A to the **Road Management Act 2004**."; Sch. 5A cl. 17(f) amended by No. 49/2019 s. 183(Sch. 3 item 46(m)(ii)). (f) for section 24 there were substituted— "**24 Effect of notice of acquisition** On publication in the Government Gazette of a notice of acquisition of land— (a) the fee simple in the land described in the notice vests in the Head, Transport for Victoria without transfer or conveyance freed and discharged from all trusts, restrictions, dedications, limitations, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates of any kind; and (b) any interest that a person has in the land (including any interest that a public statutory authority has in the land) is divested accordingly, whether or not notice was given under clause 15 of Schedule 5A to the **Road Management Act 2004** to the owner of that interest.". 18 Modification of section 104 of the Land Acquisition and Compensation Act 1986 Section 104 of the **Land Acquisition and Compensation Act 1986** applies to an acquisition referred to in clause 16 as if— (a) in subsection (1) after "post" there were inserted "or by leaving it at the person's usual or last known place of residence or business with a person apparently not less than 16 years of age and apparently residing or employed at that place"; and (b) after subsection (2) there were inserted— '(2A) If a notice or other document is to be served on the occupier of any land and the name of that person is not known, the document may be addressed to "the occupier".'. 19 Further modification of Land Acquisition and Compensation Act 1986—regulations In addition to the modifications to the application of the regulations under the **Land Acquisition and Compensation Act 1986** and the forms prescribed under those regulations referred to in clause 12, those regulations and forms apply in relation to an acquisition to which an election under clause 14 applies with such further modifications as are necessary to give effect to this Division. Division 2—Acquisition of native title rights and interests