Very Fast Train (Route Investigation) Act 1989

The Act’s operative concepts are: "approved person", "permit", the scope of authorised activity, statutory exemptions, compensation, ministerial discretion, temporal limits, and the relationship to other statutory regimes.

• Approved person (s 3, s 6). An "approved person" is any person the Minister declares by Government Gazette order to be approved for the Act’s purposes (s 6(1)). The Minister must be satisfied that the person has adequate technical expertise and sufficient resources to compensate owners and occupiers (s 6(2)). Approval is therefore an entry barrier based on capability and financial capacity rather than mere registration.

• Permit and application procedure (ss 7-9). Only an approved person may apply for a permit to enter land for route investigation (s 7(1)). The application process requires public notice (statewide plus local paper), written notice to known persons with interests, use of a Minister‑approved form, payment of a fee set by the Minister, and the provision of information the Minister requires (s 7(2)-(3)). The Minister can request further information and may suspend consideration until it is provided (s 7(4)-(5)). The Minister either grants a permit for all or part of the land or refuses the application (s 8(1)) and must consider submissions received within 21 days, the application materials, potential duplication with other permits, and special features of the land (s 8(2)).

• Scope of authorised activity (s 13). A permit authorises entry and activities such as borehole drilling, shaft sinking, trenching, sample removal and other investigations necessary to test land suitability as route, site, or access (s 13(1)(a)). Permits may also authorise use of land as a means of access to other land (s 13(1)(b)). Notably, a permit does not authorise entry into a building or the curtilage of a building, and entry to land is contingent on a prescribed written notice of intention to enter being given in accordance with regulations (s 13(2)).

• Conditions, variation and revocation (ss 9-12). The Minister may impose any conditions the Minister thinks fit (s 10(1)), vary them by written notice (s 10(4)), reduce the permit area on application by the holder (s 11), accept surrender by the holder (s 12(1)), or revoke a permit for any reason the Minister thinks sufficient (s 12(2)). The Minister may revoke for contraventions (s 12(3)). Permits initially run for up to six months with extensions available but subject to a seven‑year cut‑off tied to the commencement of s 9 (s 9(1)-(4)).

• Statutory exemptions (s 15). The Act states that planning schemes do not restrict, prohibit or otherwise apply to anything authorised under a permit, and the Environment Effects Act 1978 does not apply to anything authorised under a permit (s 15(1)-(2)). Other Acts remain applicable where they prohibit or regulate the exercise of a right conferred by the permit (s 15(3)), and the Aboriginal Heritage Act 2006 is explicitly preserved (s 22).

• Compensation (ss 18-20). Owners and occupiers may contract for compensation or work (s 18). In the absence of agreement, the compensation process is treated as if it were a claim under s 48(1) of the Land Acquisition and Compensation Act 1986, with the permit holder treated as the Authority (s 20). Section 19 establishes the permit holder’s liability for loss or damage (including loss of minerals or stone) caused by anything done or omitted by the permit holder or authorised persons while exercising powers under the permit.

• Enforcement and penalties (ss 16-17). Contravention of a condition by the holder or a person authorised by the holder is an offence; the holder is criminally liable if the holder directed or permitted the contravention (s 16(3)). The penalty provided is 400 penalty units. Interference with authorised activities is an offence punishable by 50 penalty units, but the person enforcing a right must be shown a prescribed authority notice before the interference or obstruction is criminalised (s 17(1)-(2)).

• Administrative architecture and delegation (s 21). The Minister may delegate powers to the Secretary to the Department of Transport and Planning, the Head, Transport for Victoria, or prescribed persons, except the power of delegation itself (s 21). The Act is also classified as “transport legislation” under the Transport Integration Act 2010 (s 3A), which affects governance and policy alignment.

These concepts together produce a tightly administrative, discretionary scheme that prioritises controlled access for technically capable bodies, sets specific public‑notice and owner‑notification requirements, grants broad entry and testing rights, and provides a statutory compensation pathway modelled on land acquisition processes.

The Act creates legal effects for several distinct groups and institutional actors. Identify who pays, who decides, whose rights change, and who faces new liabilities.

• Approved persons and applicants. Persons declared by the Minister to be "approved" (s 6(1)) are the primary beneficiaries. They obtain the right to apply for permits to enter land and conduct investigative works (s 7(1)). The Act conditions approval on technical capacity and the availability of resources to pay compensation (s 6(2)). Practically, this means entities with technical surveying, geotechnical and project‑development capabilities and with financial resources for potential compensation , for example government agencies, large developers, or well‑capitalised private project proponents , will be the parties able to operate under the Act.

• Permit holders. Once a permit is granted, the holder and persons authorised by the holder may enter the permitted land and conduct specified survey, test and access activities (s 13(1)). Permit holders are the parties who bear operational obligations (observe permit conditions, give prescribed notices, restore land where required) and financial obligations (pay compensation under ss 18-20). They also face criminal liability for contravening a condition or permitting contravention (s 16).

• Land owners and occupiers. The Act directly affects owners and occupiers by permitting entry and physical works on their land that might cause loss or damage. Owners are defined broadly as any person having an estate or interest in the land (s 3). The Act imposes notice requirements designed to inform owners and occupiers (s 7(2), s 14). It also entitles owners and occupiers to compensation for loss or damage caused by the permit holder or authorised persons (s 19), and allows them to enter into written compensation agreements with the holder (s 18). Where agreement is not reached, the compensation quantum is determined by the Land Acquisition and Compensation Act process (s 20).

• Third parties and the public. The public and third parties are affected by the Act’s exemptions. Activities authorised by a permit are not subject to planning scheme controls or the Environment Effects Act (s 15(1)-(2)). This removes procedural and substantive requirements that might otherwise limit or condition work on the land. Conversely, the Act criminalises certain third‑party obstruction of authorised activities, protecting permit holders’ ability to complete investigations (s 17).

• The Minister and delegated officials. The Minister is the decision‑maker for approvals and permits, with substantial discretionary powers to grant, condition, vary and revoke permits and to declare approved persons (ss 6-12). The Minister also sets application and processing requirements, including forms and fees (s 7(3)(a)-(b)). Delegation is permitted to the Secretary, the Head, Transport for Victoria, or prescribed persons (s 21), distributing day‑to‑day decision‑making to public servants or other prescribed persons.

• Other statutory regimes and authorities. The Act intersects with several other statutes. It is classified as transport legislation under the Transport Integration Act 2010 (s 3A). Compensation disputes are resolved under the Land Acquisition and Compensation Act 1986 framework (s 20). The Act expressly preserves the operation of the Aboriginal Heritage Act 2006 (s 22) and applies survey‑related terms from the Survey Co‑ordination Act 1958 (s 3 definition of "survey"). It also removes planning and EES requirements for activities under a permit (s 15).

Who pays. The permit holder pays compensation for loss or damage (s 19) and bears the cost of notices, survey works, rehabilitation and fulfilling permit conditions (s 10(3)(b)). The Minister (or the delegated official) bears decision‑making responsibility and administrative costs of processing applications and managing the approvals framework. Owners and occupiers primarily absorb the convenience and potential disruption costs of entry and testing, subject to compensation rights.

Who decides. The Minister decides who becomes an approved person (s 6), whether to grant a permit (s 8), the scope and conditions of any permit (s 10), whether to vary or revoke permits (s 10(4), s 12), and the form and fee of applications (s 7(3)). Many of these powers are delegable (s 21).

What rights change. Landowners’ property rights are qualified by statutory rights of entry for permit holders; planning and EES protections are displaced for activities under a permit (s 15), and criminal penalties attach to interference with authorised activity (s 17), altering the balance between landowner control and state‑sanctioned investigative access.

This section sets out the principal statutory duties placed on permit applicants and holders, and the key rights the Act confers on them and on landowners.

Applicant and approved person duties

• Ministerial approval precondition. Only a Ministerially declared "approved person" may apply for a permit (s 6(1), s 7(1)). The Minister will only approve persons who satisfy technical expertise and compensation resource criteria (s 6(2)(a)-(b)). The duty on applicants is therefore, before application, to secure Ministerial approval.

• Pre‑application notice and owner outreach. An applicant must cause a public notice to be published , declaring the intended application, identifying the area to be entered and requesting submissions within 21 days , in a statewide newspaper and a local newspaper (s 7(2)(a)). The applicant must also give written notice of the application to each person having an interest in the land, or to those that diligent inquiry reveals (s 7(2)(b)). That is a strict procedural duty; failure may affect the validity of the application or later compliance.

• Application form, fee, and information. Applications must be in a form approved by the Minister and lodged with the Secretary to the Department of Transport and Planning together with a Minister‑determined fee (s 7(3)(a)-(b)). Applicants must specify the area intended to be entered in a Minister‑approved manner and include any information required by the Minister (s 7(3)(c)-(d)), and may provide other information (s 7(3)(e)). The Minister may request further information and may refuse to consider the application until satisfied (s 7(4)-(5)).

Permit holder duties and rights

• Rights to enter and conduct investigations. Subject to permit conditions, the holder and authorised persons may enter the land to undertake surveys, tests, drilling, trenching, take samples and carry out investigations to ascertain suitability for route, sites, or access (s 13(1)(a)-(b)). The permit also authorises use of the land as access to other specified land (s 13(1)(b)).

• Limitations on entry. A permit does not authorise entry into a building or its curtilage (s 13(2)(a)), nor does it authorise entry unless the prescribed written notice of intention to enter is given in accordance with the regulations (s 13(2)(b)). The holder must therefore comply with the regulations’ notice form and timing.

• Compliance with conditions. A permit is subject to conditions the Minister thinks fit (s 10(1)). Conditions can regulate or prohibit specified activities, require payment of compensation and restoration of land, and require periodic reporting to the Minister (s 10(3)(a)-(c)). The Minister may vary conditions by written notice (s 10(4)). The holder must not contravene any condition (s 16(1)).

• Obligation to notify owners of grant, variation or surrender. Where a permit is granted, its conditions are changed, the area is reduced, or the permit is surrendered or revoked, the holder or former holder must notify each person who has an interest in the land or those who, after diligent inquiry, are known (s 14). This is a continuing administrative duty post‑grant.

• Compensation duty. The holder is liable to pay compensation to owners and occupiers for loss or damage caused by anything done or omitted by the holder or authorised persons while exercising powers under the permit (s 19). The holder may also enter into written compensation agreements under s 18.

• Offences and liabilities. The holder is criminally liable if a person authorised by the holder contravenes a condition and the holder directed or permitted the contravention (s 16(3)). The penalty for a contravention of a condition or for permitting a contravention is 400 penalty units (s 16(3) penalty item). The holder’s legal position is also affected by the statutorily prescribed compensation resolution process (s 20).

Landowner and occupier rights and duties

• Right to be notified and to submit. Landowners and occupiers are entitled to receive pre‑application notice and to make submissions within 21 days (s 7(2)(a)-(b), s 8(2)(a)). They later are entitled to notice of grant, variation, or surrender (s 14).

• Right to compensation. Owners and occupiers are entitled to payment of compensation for loss or damage caused by permit activities (s 19). They may negotiate written agreements under s 18; failing agreement, the compensation amount is determined under the Land Acquisition and Compensation Act process (s 20), which includes statutory assessment processes.

• Right to prevent unlawful entry. A person must not interfere with authorised activities without reasonable excuse (s 17(1)). However, preventing entry or obstructing an attempt to enter is not an offence unless the entering person has produced, before being prevented, a prescribed form confirming authority to enter (s 17(2)). The prescribed notice and inspection requirement therefore protects landowners from unauthorised entry by requiring permit holders’ agents to produce documentary authority before enforcement of s 17 becomes available.

Public authority and regulatory duties

• Ministerial decision duties. The Minister must consider submissions, application information, duplication with existing permits, and special land features before granting a permit (s 8(2)). The Minister also has unfettered discretion to take into account any other matters the Minister considers relevant (s 8(2) last limb). The Minister may request information and suspend consideration until it is provided (s 7(4)-(5)).

• Delegation and administrative processing. The Minister may delegate powers to specified senior officials or prescribed persons (s 21). Applications are lodged with the Secretary to the Department of Transport and Planning (s 7(3)(b)), signalling administrative responsibility for procedural processing.

Regulatory interface duties

• Exemption from planning and environmental procedural regimes for permitted activities (s 15(1)-(2)) reduces regulatory procedural duties for permit holders, but the Act explicitly preserves the operation of other Acts and laws that prohibit or regulate the exercise of permit rights (s 15(3)). The Aboriginal Heritage Act 2006 continues to operate unaffected (s 22). Therefore, compliance duties under non‑excluded laws (including Aboriginal heritage protections) remain.

These duties and rights form a compliance matrix that applicants and landowners must navigate: applicants must obtain approval, notify, and satisfy Ministerial information requirements; permit holders must observe conditions and carry compensation liabilities; landowners have notice and compensation rights but limited means to prevent authorised investigations where a permit exists, subject to prescribed notice requirements and the offence protections in s 17.

The Act contains criminal sanctions and administrative enforcement mechanisms that regulate behaviour by permit holders, authorised entrants and third parties.

Penalties specified in the Act

• Contravention of permit conditions (s 16). Section 16(1)-(3) makes it an offence for the holder of a permit or a person authorised by the holder to contravene a condition of the permit. If a person authorised by the holder contravenes a condition and the holder directed or permitted that contravention, the holder is guilty of an offence. The penalty item associated with s 16(3) is 400 penalty units. The Act does not convert that to a dollar amount; practitioners must check the current value of a penalty unit under the Penalty Units Act and any updates.

• Interference with authorised activities (s 17). Section 17(1) makes it an offence to prevent, hinder or obstruct a person authorised to do something under a permit without reasonable excuse. The penalty is 50 penalty units. Section 17(2) provides a protective procedural threshold: preventing or obstructing entry is not an offence unless the entering person has, prior to being obstructed, produced a prescribed form issued by the holder confirming the person’s authority to enter. That imposes an evidentiary precondition for criminal liability against third parties.

Enforcement mechanisms and administrative remedies

• Ministerial revocation and variation (ss 10, 12). The Minister may vary conditions by written notice (s 10(4)) and may revoke permits for any reason the Minister thinks sufficient (s 12(2)), including for contraventions (s 12(3)). Revocation is an administrative sanction available to the Minister separate from criminal prosecution.

• Proceedings survive revocation (s 12(4)). The Act expressly states that proceedings for an offence under s 16 relating to contravention of a permit condition may be taken whether or not the permit has been revoked or ceased to be in force since the contravention occurred (s 12(4)). That preserves prosecutorial ability even if the permit is later cancelled.

• Civil compensation claims (ss 18-20). Independent of criminal enforcement, landowners and occupiers have civil remedies for loss or damage (s 19). They may negotiate agreements under s 18 or seek determinations under s 20. The determination route treats the claim as if it arose under s 48(1) of the Land Acquisition and Compensation Act 1986, with the permit holder treated as the Authority. That process gives owners a statutory, adjudicative pathway to recover compensation and thus an enforcement channel for financial redress.

• Regulatory notice and documentation (s 13(2), s 17(2)). The regulations will prescribe written notice forms and likely timing for entry and for authority confirmation. These procedural requirements give landowners a mechanism to verify authority and a basis to act without criminal liability where a permit entrant cannot produce the prescribed authority notice.

Practical enforcement implications and risks

• Criminal sanctions concentrate on permit holders and authorised persons, with significant penalties (400 penalty units) for contravention of conditions. That creates a compliance incentive for holders to monitor subsidiaries, contractors and subcontractors who carry out work under the holder’s authority.

• The Minister’s ability to vary conditions and revoke permits provides an administrative enforcement tool that can be used to address non‑compliance quickly through licence conditions, in addition to (or instead of) criminal prosecution.

• The Act’s exemptions of planning and environment procedures (s 15) reduce the role of those statutory approvals as enforcement levers against permit‑authorised activity. Where a planning or EES process would otherwise have imposed conditions or required mitigation, those obligations are displaced for permit activities; landowners therefore rely more heavily on contractual protections and the statutory compensation mechanism (ss 18-20).

• Third parties’ ability to obstruct is limited by the prescribed‑notice requirement in s 17(2). That means landowners, occupiers or local protestors who obstruct may face criminal sanctions unless they have lawful cause or the entrant cannot produce the required documentation.

• The availability of the Land Acquisition and Compensation Act procedure for compensation (s 20) imports an established statutory valuation and adjudication framework but also introduces procedural complexity for claimants and respondents (the permit holder). Practitioners should expect compensation disputes to be formal, potentially time‑consuming and to require valuation evidence.

Overall, the enforcement design combines criminal penalties to discourage non‑compliance with permit conditions, administrative variation and revocation powers to manage ongoing compliance, and civil/administrative compensation processes to address harms caused by authorised activity.

The Act deliberately interfaces with several statutory regimes; that interplay determines the practical regulatory landscape for investigations and the limits of permit activities.

Transport Integration Act 2010

• Classification as transport legislation (s 3A). The Act is declared to be "transport legislation" within the meaning of the Transport Integration Act 2010 (s 3A). This classification aligns the Act with the governance, decision‑making and transport policy frameworks specified under the Transport Integration Act. Practitioners should therefore consider whether the broader policy objects and interpretative instructions in the Transport Integration Act influence how the Minister or delegated officials exercise powers under the Very Fast Train Act; the Act itself does not spell out those interactions but the classification has governance consequences.

Planning and environment laws

• Exemptions from planning schemes and Environment Effects Act (s 15). Section 15(1) states that planning scheme provisions do not restrict, prohibit or otherwise apply to anything authorised under a permit. Section 15(2) excludes the Environment Effects Act 1978 from applying to anything authorised under a permit. Those express overrides mean that permit holders need not obtain planning permits or EES approvals for the activities authorised by a permit. However, s 15(3) clarifies that the Act does not allow permit holders to "disregard the provisions of any Act or law that prohibit or regulate the exercise of any right conferred by this Act or the permit". This saves other applicable regulatory constraints from being displaced.

• Aboriginal Heritage Act 2006 (s 22). The Act was amended to insert s 22: "Nothing in this Act affects the operation of the Aboriginal Heritage Act 2006." That means that while planning and EES processes are excluded for permit activities, Aboriginal heritage protections continue to apply. Permit holders must therefore comply with Aboriginal heritage statutory obligations and approvals even where planning and EES processes are non‑applicable.

Land Acquisition and Compensation Act 1986

• Compensation determination mechanism (s 20). Section 20 makes the Land Acquisition and Compensation Act 1986 the default procedure for determining compensation claims under s 19, treating the permit holder as the "Authority". Practically, disputed compensation is resolved through the valuation and adjudication mechanisms under that Act. This imports procedural rules and valuation approaches from the land acquisition regime into the compensation process for investigation‑related damages.

Survey Co‑ordination Act 1958

• Definition cross‑reference (s 3). The Act adopts the definition of "survey" from the Survey Co‑ordination Act 1958. That normative link can affect how the Act is applied where survey activity is central, and may trigger professional surveyor obligations under the Survey Co‑ordination Act.

Crown immunity and application

• Act binds the Crown (s 4). The Act binds the Crown in right of Victoria and, insofar as legislative power permits, the Crown in other capacities. That makes the Crown subject to the Act’s permit and compensation rules where applicable.

Regulations and delegated authorities

• Regulations (s 23). 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". The Act therefore anticipates delegated rule‑making to fill procedural gaps (for example, prescribed notice forms referenced in ss 13(2) and 17(2)).

• Delegation to Departmental heads and prescribed persons (s 21). The Minister may delegate the Act’s powers to the Secretary, the Head, Transport for Victoria, or prescribed persons (s 21), meaning operational decisions will typically be made under public service administrative frameworks and subject to public law constraints.

Interactional tensions and interpretive points

• Displacement vs preservation. The Act both displaces (planning and EES) and preserves (Aboriginal heritage and other Acts) regulatory regimes. This creates a selective carve‑out model where permit activities bypass certain statutory processes but remain subject to others. Practitioners must map the specific statutory landscape to determine which regulatory constraints remain operative for particular works.

• Administrative discretion and statutory safeguards. The Minister has broad discretion (e.g. s 8(2) allows consideration of "any other matters"), but that discretion is exercised in a statutory environment with notice, consultation and compensation obligations. Judicial review principles remain available to challenge exercises of discretion where they are unlawful, irrational or procedurally unfair, although the Act itself does not set out a rights of review or appeal procedure beyond compensation dispute resolution.

• Overlap with native title or other Commonwealth instruments. The Act makes no express reference to native title or Commonwealth environmental law. Where Commonwealth law or native title rights apply, there may be additional procedural or substantive obligations; s 15(3) does not displace other Acts. Practitioners must consider Commonwealth obligations and native title rights in a given locality.

In short, the Act creates a specific regulatory bubble for route investigation activities that short‑circuits planning and EES processes while retaining other substantive legal constraints and embedding compensation processes through land acquisition law. That mix reduces procedural friction for investigators but preserves certain protections and compensation pathways for landowners.

The Act has been amended several times since assent in 1989. The table of amendments in the statutory endnotes records the principal amendment instruments and the sections they affected. Relevant entries are:

• Transport (Amendment) Act 1992 (No. 85/1992). Assent 24 November 1992; commenced 1 December 1992 for the amending provisions. The endnotes identify amendments to s 7(3)(b) and s 12(1) amongst others; the annotation in the Act text confirms s 7(3)(b) was amended by this Act.

• Public Sector Reform (Miscellaneous Amendments) Act 1998 (No. 46/1998). Assent 26 May 1998; certain amendments commenced 1 July 1998. The endnotes indicate this Act amended provisions including s 7(3)(b), s 12(1), and s 21.

• Aboriginal Heritage Act 2006 (No. 16/2006). Assent 9 May 2006; s 198(Sch. 2 item 7) commenced 28 May 2007. This Act substituted s 22 in the Very Fast Train Act, producing the current s 22: "Nothing in this Act affects the operation of the Aboriginal Heritage Act 2006." The substitution reflects legislative intent to preserve Aboriginal heritage obligations.

• Transport Integration Act 2010 (No. 6/2010). Assent 2 March 2010; s 24(5) (Sch. 1 item 17) commenced 1 July 2010. This amendment inserted s 3A declaring the Act to be transport legislation within the meaning of the Transport Integration Act 2010 and added cross‑referencing to the Head, Transport for Victoria in the definitions.

• Statute Law Revision Act 2013 (No. 70/2013). Assent 19 November 2013; s 4(Sch. 2 item 53) commenced 1 December 2013. The endnotes mark minor style or housekeeping amendments.

• Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 (No. 3/2017). Assent 14 February 2017; s 50(Sch. 1 item 11) commenced 12 April 2017. This Act inserted into s 3 the definition of "Head, Transport for Victoria" and added s 21(ab), enabling delegation to the Head, Transport for Victoria.

• Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025 (No. 25/2025). Assent 5 August 2025; s 106(Sch. 1 item 49) commenced 6 August 2025. The endnotes indicate this Act amended s 7(3)(b) and s 21 and updated references consistent with contemporary departmental structures.

Practical consequences of the amendment history

• The legislative changes have tended to modernise institutional references (for example inserting the Head, Transport for Victoria), preserve Aboriginal heritage obligations, and adjust administrative processing arrangements. They reflect organisational change in transport governance and a legislative intent to preserve core owner protections (compensation and heritage) while maintaining the Act’s core investigative authorisation mechanics.

• When advising or litigating under the Act, practitioners must ensure they rely on the current consolidated text (this Version No. 018 incorporates amendments as at 6 August 2025), and must check commencement dates for particular amending provisions where temporal effects or transitional processes matter.

The statutory endnotes and the Act text do not record any cases or reported litigation specifically under the Very Fast Train (Route Investigation) Act 1989. The endnotes include the Minister’s second reading speech dates and commencement details (assent 28 November 1989; commencement 7 February 1990), but do not list any judicial decisions, reviews or tribunal determinations that interpret the Act.

Implications for practitioners

• Absence of reported litigation in the statute’s endnotes does not mean there has been no litigation, but the Act itself does not cite or summarise any case law. Practitioners seeking authoritative judicial interpretation should conduct a case-law search in legal databases for any reported decisions mentioning the Act, its sections (for example s 15 on the displacement of planning and EES regimes), or compensation proceedings under s 20 (which invokes the Land Acquisition and Compensation Act).

• Because the Act confers broad ministerial discretion (for approvals, permits, conditions, variation and revocation) and intersects with planning, environmental and heritage law, potential areas for future litigation include procedural fairness in decision‑making (notice and inquiry duties under s 7), the scope of permitted activities under s 13 (particularly where building or curtilage boundaries are contested), the validity of conditions and variations under s 10, the legal effect of s 15’s exclusions, and compensation quantification under s 20 via the Land Acquisition and Compensation Act procedures.

• Where precise judicial guidance is lacking, administrative law principles and statutory interpretation rules will be central. Practitioners should anticipate judicial review challenges based on jurisdictional error, failure to have regard to mandatory considerations (s 8(2)), denial of natural justice in the consultation or information request process (s 7(4)-(5)), or errors in applying statutory compensation frameworks.

Given the absence of litigation summaries in the Act, this analysis remains focused on statutory mechanics; practitioners should undertake a contemporaneous case and tribunal search before advising clients on contested points.

The Act contains several drafting and procedural features that can catch practitioners and stakeholders unaware. Below are the main operational pitfalls and interpretive traps to watch for, with specific section references.

Temporal limitation of permits (s 9(3)-(4))

• The Act contains a non‑obvious temporal constraint: "A permit cannot be granted or renewed after the seventh anniversary of the commencement of this section" (s 9(3)), and any permit that would otherwise be in force after that seventh anniversary ceases to be in force (s 9(4)). The reference to "the commencement of this section" requires attention to the commencement date of s 9 in the consolidated Act to determine whether that seven‑year period has expired; advisers must ascertain that commencement date precisely. Failure to check the relevant commencement could render applications or extensions invalid.

Ministerial discretion and lack of statutory appeal path (ss 6, 7, 8, 10, 12)

• The Minister has broad discretion to declare approved persons (s 6) and to grant, condition, vary or revoke permits (ss 8, 10, 12). Section 8(2) permits the Minister to take into account "any other matters the Minister considers relevant." The Act provides no internal merits review or appeal mechanism against the Minister’s grant/refusal or against conditions. Challenges to decisions must likely be brought by judicial review on public law grounds; practitioners should be prepared to consider delay and the constraints of judicial review as a remedy.

Notice requirements and the "diligent inquiry" standard (ss 7(2)(b), 14)

• Applicants and holders must give written notice to "each person who has an interest in the land or such of those persons as, after diligent inquiry, become known" (s 7(2)(b); s 14 uses similar language). The statute imposes a procedural duty to conduct diligent inquiry to identify interested persons but does not define "diligent inquiry". This can create disputes over whether required notices were given and whether affected owners or occupiers were adequately informed. The practical consequence is exposure to legal challenge on procedural fairness grounds or claims that notice obligations were inadequately discharged.

Exclusion of planning scheme and EES (s 15) versus others (s 15(3) and s 22)

• Section 15 removes planning scheme and EES constraints for activities authorised under a permit. However, s 15(3) preserves other Acts, and s 22 expressly preserves the Aboriginal Heritage Act 2006. Practitioners must not assume the permit frees them from all regulatory obligations; compliance obligations under heritage, native title, environmental protection acts and other statutory regimes may still apply. Misreading this exclusion can result in regulatory non‑compliance and sanctions.

Entry to buildings and curtilage (s 13(2)(a))

• A permit does not authorise entry into a building or its curtilage (s 13(2)(a)). Whether a particular area is the curtilage may raise complex property law questions. Entry operations that accidentally or deliberately enter building curtilage risk criminal exposure and/or civil claims. Practitioners should plan operational boundaries carefully and, where necessary, obtain express consent for entry into sensitive areas.

Prescribed notices and regulations (ss 13(2)(b), 17(2), s 23)

• The Act requires the production of prescribed written notices and references the regulations for the form and manner of giving notice (ss 13(2)(b); 17(2)). Until the regulations are consulted, the timing, form and content of required notices may be uncertain. Operational teams must obtain the current regulations to ensure compliance with notice production and authority confirmation obligations. Failure to do so may render otherwise authorised entry unlawful or deprive permit holders of criminal protections against obstruction.

Compensation process complexity and valuation timing (ss 18-20)

• Compensation is available under s 19, and unresolved claims are determined under the Land Acquisition and Compensation Act 1986 process (s 20). The Land Acquisition Act procedures involve statutory timelines, valuation methods and adjudicative steps. Practitioners should not assume rapid resolution. Investigators must budget and plan for potentially protracted compensation disputes and the evidence necessary to support liability/quantum positions.

Criminal liability for directing contraventions (s 16(3))

• A permit holder is criminally liable if a person authorised by the holder contravenes a condition and the holder directed or permitted the contravention (s 16(3)). This creates a strict corporate governance risk: holders must ensure contractors and employees understand and comply with conditions, and that supervisory and compliance systems are in place. Liability attaches not only to frontline operators but to principal holders who authorise or tolerate breaches.

Delegation scope (s 21)

• The Minister may delegate many powers to high‑level public officials and prescribed persons (s 21). Practitioners should identify the delegated decision‑maker early in the process because procedural points such as where to lodge, who to contact, or who may consent can vary with delegation arrangements.

Penalty unit amounts and current value

• The Act sets penalties in penalty units (400 and 50 penalty units). The monetary value of a penalty unit changes over time. When advising on exposure, calculate current dollar equivalents using the statutory current penalty unit value at the relevant time.

Publication requirements (s 7(2)(a))

• The requirement to publish notice in a statewide newspaper and a local paper may be more costly and slower than other notice methods. Applicants should budget for publication lead times and ensure the notice content meets statutory requirements; defective notices can affect procedural fairness and the validity of the application.

Overall, these "gotchas" primarily turn on procedural strictness, delegation of discretion, ambiguous statutory standards such as "diligent inquiry", calendar constraints, interaction with other statutes and the dependence on regulations for critical practices. Practitioners involved in applications, investigations or landowner representation should map these issues early and obtain the current regulations and the Minister’s forms and fees.

This section provides a practical compliance checklist tied to specific statutory duties and likely operational steps for an approved person seeking to investigate a route, for permit holders, and for landowners and their advisers.

For prospective applicants and approved persons

1. Obtain Ministerial approval as an "approved person" (s 6).

   • Prepare evidence that demonstrates adequate technical expertise and the availability of sufficient resources to pay compensation (s 6(2)(a)-(b)).
   • Seek a Government Gazette order or request the Minister to publish an order under s 6(1); document the administrative record proving approval.

2. Prepare pre‑application notices (s 7(2)(a)-(b)).

   • Draft the public notice declaring the intended application, identifying the area, and requesting submissions within 21 days; arrange publication in a newspaper circulating throughout the State and in a local newspaper for the land’s locality (s 7(2)(a)).
   • Conduct "diligent inquiry" to identify persons with interests in the land; prepare and send written notices to each such person (s 7(2)(b)). Keep records evidencing the inquiry process (searches, contacts, dates).

3. Complete the Minister‑approved application form and pay the fee (s 7(3)(a)-(b)).

   • Obtain the current approved form from the Department of Transport and Planning.
   • Verify and pay the fee determined by the Minister. Ensure the application specifies the area of land in the manner approved by the Minister (s 7(3)(c)).
   • Include all information required by the Minister and consider providing additional information the Minister may find helpful (s 7(3)(d)-(e)).

4. Be ready to provide further information if requested (ss 7(4)-(5)).

   • Respond promptly to any Ministerial requests; do not assume the Minister will proceed without satisfaction of information requests.

5. Anticipate public submissions and prepare to address matters the Minister must consider (s 8(2)).

   • Be ready to respond to submissions within the statutory 21‑day period and to address issues of duplication, special land features and any other matters the Minister might consider relevant.

For permit holders (upon grant)

1. Review and operationalise permit conditions (s 10).

   • Carefully read all permit conditions; note any reporting obligations (s 10(3)(c)), compensation and restoration obligations (s 10(3)(b)), and activity restrictions (s 10(3)(a)).
   • Establish compliance systems, contractor supervision, and audit trails to ensure no contractor, subcontractor, or employee contravenes conditions (s 16(3)).

2. Give prescribed notices before entry (s 13(2)(b)).

   • Consult the regulations under s 23 to determine the prescribed written notice format, timing and delivery method required before entering land.
   • Ensure all authorised entrants carry and can produce the prescribed authority notice (s 17(2)) when challenged.

3. Avoid entry into buildings or curtilage without consent (s 13(2)(a)).

   • Map and mark curtilage and buildings, obtain consents where necessary, and train operational staff accordingly.

4. Notify owners of grant, changes and surrender (s 14).

   • After grant or after any change to conditions or area, send written notices to each person with an interest in the land or to those found by diligent inquiry (s 14). Keep proof of service.

5. Prepare for compensation obligations and negotiation (ss 18-20).

   • Where loss or damage may occur, consider early engagement with affected owners/occupiers and offer written agreements under s 18 to manage compensation and remediation expectations.
   • If agreement is not reached, be ready to engage in the Land Acquisition and Compensation Act process (s 20). Retain valuation and loss‑evidence experts early.

6. Manage revocation and surrender risks (s 12).

   • Keep permits under review to ensure compliance and to manage risks that could lead to revocation (s 12(2)-(3)). If ceasing operations, consider surrendering the permit (s 12(1)) and notifying owners as required (s 14).

7. Comply with other applicable laws and obligations (s 15(3); s 22).

   • Do not assume planning and EES exemptions obviate all approvals; verify obligations under the Aboriginal Heritage Act 2006 and other federal or state statutes. Obtain necessary consents under those regimes.

For landowners and occupiers

1. Monitor newspapers and correspondence for pre‑application notices (s 7(2)(a)).

   • Where an applicant’s notice appears, prepare and lodge any submissions within the 21‑day timeframe. Gather evidence of any special features, environmental concerns or duplication with prior surveys for submission to the Minister (s 8(2)(a), (d)-(e)).

2. Preserve evidence of loss or damage and seek compensation (ss 18-20).

   • If investigations cause loss or damage, document the harm promptly (photographs, valuation evidence, expert reports). Seek negotiated agreements under s 18 where possible; otherwise initiate the s 20 process and prepare evidence for valuation.

3. Guard against unlawful or improperly authorised entry (s 13(2); s 17(2)).

   • If an entrant seeks to enter land, request production of the prescribed authority notice; if the entrant cannot produce it, you are not criminally liable for preventing entry. Keep records of any obstruction or enforcement interactions.

4. Engage early on heritage and environmental protections.

   • If the land has Aboriginal cultural heritage or other statutory constraints, notify relevant heritage authorities and seek advice. The Act preserves Aboriginal Heritage Act operation (s 22).

Administrative and practical cross‑checks

• Consult regulations and Ministerial forms (s 23; s 7(3)(a)). The ministerial form, fee schedule, and regulations will contain essential procedural details and prescribed notice formats; compliance depends on using the current versions.

• Confirm delegation and contact points (s 21). Determine whether decisions are being made by the Minister or delegated officials (Secretary, Head, Transport for Victoria). Identify the correct office to which notices, applications and appeals should be directed.

• Map timelines and calendar constraints. Ensure pre‑application publication, the 21‑day submission window, and permit duration and extension timings are calendared. Confirm the relevant commencement date for s 9 to know the seven‑year limitation.

• Contractual safeguards. If a permit is likely, consider entering into pre‑emptive agreements with landowners to manage access, compensation and remediation obligations before entry occurs.

• Compliance auditing and contractor oversight. Permit holders should implement compliance management systems, including documented instructions to contractors, training on permit conditions, and recordkeeping to defend against potential s 16 prosecutions and to support compensation defences.

• Budget for compensation and remediation. Given the statutory liability to compensate and the potential for formal valuation processes under s 20, build contingency budgets and secure financial resources adequate to satisfy the Minister’s s 6(2)(b) threshold and to respond to claims.

Following this checklist and using the specific statutory cross‑references above will not guarantee immunity from disputes, but it aligns operational practice with the Act’s statutory obligations and with the administrative realities of Ministerial decision‑making and compensation procedures.