64IHead, Transport for Victoria may use or manage Crown lands reserved under Crown Land (Reserves) Act 1978

64I Head, Transport for Victoria may use or manage Crown lands reserved under Crown Land (Reserves) Act 1978 S. 64I(1) amended by No. 49/2019 s. 71(2). (1) The Head, Transport for Victoria may use any Crown land for transport purposes with the approval of the Minister administering the Act relating to the management or use of the land given by the Minister in accordance with any requirements which apply under that Act. S. 64I(2) amended by No. 49/2019 s. 71(2). (2) If any Crown land proposed to be so used or managed by the Head, Transport for Victoria is reserved under the **Crown Land (Reserves) Act 1978** for a purpose which is inconsistent with that use or management, the Head, Transport for Victoria cannot use or manage the land unless and until the reservation is revoked in accordance with section 9 of that Act. S. 64I(3) amended by No. 49/2019 s. 71(2). (3) The Head, Transport for Victoria must make compensation, in respect of the use or management under this section by the Head, Transport for Victoria of any Crown land reserved under the **Crown Land (Reserves) Act 1978** for a purpose inconsistent with that use, in the manner and to the extent agreed upon by the Head, Transport for Victoria and the Minister administering the **Crown Land (Reserves) Act 1978**. (4) An agreement under subsection (3) may provide for— S. 64I(4)(a) amended by No. 49/2019 s. 71(2). (a) the payment by the Head, Transport for Victoria of a sum of money as agreed upon by the Head, Transport for Victoria and the Minister administering the **Crown Land (Reserves) Act 1978**; or S. 64I(4)(b) amended by No. 49/2019 s. 71(2). (b) the undertaking of works or the making of provision by the Head, Transport for Victoria in place of any improvements on the land as agreed upon by the Head, Transport for Victoria and the Minister administering the **Crown Land (Reserves) Act 1978**; or (c) both the payment of a sum of money in accordance with paragraph (a) and the undertaking of works or the making of provision in accordance with paragraph (b). (5) If an agreement under subsection (3) provides for the payment of a sum of money, that money must, unless the Minister administering the **Crown Land (Reserves) Act 1978** otherwise directs, be paid to that Minister. (6) The Minister administering the **Crown Land (Reserves) Act 1978** may direct that money to be paid under an agreement under subsection (3) must be— (a) paid to— (i) the trustees in whom or the Council in which the land is vested; or (ii) the committee of management appointed in respect of the land; or (iii) the authority under whose control and management the land has been placed pursuant to section 18 of the **Crown Land (Reserves) Act 1978**; or S. 64I(6)(a)(iv) amended by No. 49/2019 s. 71(2). (iv) any other person or persons as are agreed upon by the Head, Transport for Victoria and the Minister administering the **Crown Land (Reserves) Act 1978**; and (b) applied as directed by the Minister. (7) If any dispute arises as to the amount of any sum of money payable under this section, that dispute is to be determined by the Governor in Council. S. 64IA inserted by No. 19/2020 s. 108. 64IA Obligations of Head, Transport for Victoria in relation to the Great Ocean Road region (1) The Head, Transport for Victoria, when performing a function or duty or exercising a power under this Act or any other Act— (a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Head, Transport for Victoria in relation to the Great Ocean Road scenic landscapes area; and (b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and (c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Head, Transport for Victoria in relation to the Great Ocean Road region. (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Head, Transport for Victoria in relation to a declared project within the meaning of the **Major Transport Projects Facilitation Act 2009**. S. 64J inserted by No. 3/2017 s. 3. 64J Grant of unalienated Crown land S. 64J(1) amended by No. 49/2019 s. 19(1). (1) This section applies to any land used or managed by the Head, Transport for Victoria under this Act which was immediately prior to its use or management for transport purposes unalienated land of the Crown whether set apart as a government road or not. S. 64J(2) amended by No. 49/2019 s. 19(2). (2) Subject to subsection (3), the Governor in Council, on the recommendation of the Minister administering section 22A of the **Land Act 1958**, may grant that land to the Head, Transport for Victoria subject to any conditions, exceptions and reservations as the Governor in Council considers appropriate. (3) This section is subject to section 8 of the **Crown Land (Reserves) Act 1978** and section 349 of the **Land Act 1958**. S. 64JA inserted by No. 49/2019 s. 20. 64JA Obligations of Head, Transport for Victoria in relation to Yarra River land (1) The Head, Transport for Victoria— (a) must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Head, Transport for Victoria when performing a function or duty or exercising a power under this Act or any other Act in relation to Yarra River land; and (b) must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the Head, Transport for Victoria, when performing a function or duty or exercising a power under this Act or any other Act in relation to the Yarra Strategic Plan area that may affect Yarra River land. S. 64JA(2) substituted by No. 43/2021 s. 219(Sch. 1 item 11.2). (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Head, Transport for Victoria in relation to— S. 64JB inserted by No. 49/2019 s. 20. 64JB Obligations of Head, Transport for Victoria in relation to declared areas (1) The Head, Transport for Victoria, when performing a function or duty or exercising a power under this Act in relation to a declared area— (a) must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Head, Transport for Victoria; and (b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Head, Transport for Victoria; and (c) must have regard to the principles set out in section 46AZL of the **Planning and Environment Act 1987**. S. 64JB(2) substituted by No. 43/2021 s. 219(Sch. 1 item 11.3). (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Head, Transport for Victoria in relation to— S. 64JC inserted by No. 49/2019 s. 20. 64JC Disposal of assets in exchange for lease The Head, Transport for Victoria may, after consultation with the Secretary and with the approval of the Minister administering Part 7 of the **Financial Management Act 1994** and the Minister, dispose of any real or personal property under an arrangement by which the Head, Transport for Victoria is to take a lease of the property disposed of or of any other real or personal property. S. 64JD inserted by No. 49/2019 s. 20. 64JD Surplus land (1) The Head, Transport for Victoria may, after consultation with the Secretary and with the approval of the Minister, do any one or more of the following— (a) sell any surplus land; (b) grant leases of any surplus land, or in the case of the Secretary, Victorian Rail Track or V/Line Corporation, grant a lease of any land for nominal consideration, and may do so notwithstanding that the land is— (i) land which was granted to the Head, Transport for Victoria or to any other person subject to a trust or condition requiring it to be used for some particular purpose; or (ii) land temporarily or permanently reserved for any purpose under the **Crown Land (Reserves) Act 1978** or any previous Act relating to Crown land; (c) develop any surplus land and for this purpose may do any one or more of the following— (i) subdivide and re-subdivide the land; (ii) consolidate the title to the land; (iii) grant or create in favour of any person any easement over the land upon the terms and conditions that the Head, Transport for Victoria considers appropriate; (iv) effect or arrange with other persons for the development of the land upon the terms and conditions that the Head, Transport for Victoria considers appropriate; (v) maintain, operate and manage, or arrange with other persons to maintain, operate and manage, the land and any buildings, works, structures and other property on the land; (vi) promote a Property Trust and— (A) with the consent of the Minister administering Part 7 of the **Financial Management Act 1994**, subscribe for or otherwise acquire and dispose of any unit or units in the Trust; or (B) enter into arrangements with the Trust for the management by the Head, Transport for Victoria of the Trust; or (C) enter into contracts with the Trust as the Head, Transport for Victoria considers are necessary to guarantee to unit holders in the Trust an agreed return; or (D) make loans to the Trust on the terms the Head, Transport for Victoria considers appropriate. (2) Any Property Trust promoted under this section must provide that the trustees are to be appointed by the Minister. (3) In this section— ***develop*** means improve land for any commercial or civic or other public or private purpose, including by the construction, demolition or substantial alteration of any structure in or upon the land or the excavation of the land; ***surplus land*** means land which— (a) is vested in the Head, Transport for Victoria; and (b) is no longer required for transport purposes. S. 64K inserted by No. 3/2017 s. 3.