City of Melbourne and Docklands Acts (Governance) Act 2006 (Vic)
City of Melbourne and Docklands Acts (Governance) Act 2006
Act No. 74/2006
table of provisions
Section Page
Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—City of Melbourne Act 2001
3.Definition of docklands area
4.New section 5A inserted
5A.Docklands area is part of municipal district
5.New Part 4A inserted
Part 4A—Docklands co-ordination committee
27A.Definitions
27B.Establishment of the Docklands Co‑ordination Committee
27C.Constitution of the Committee
27D.Deputy members
27E.Removal from office
27F.Chairperson
27G.Quorum
27H.Voting
27I.Delegation
27J.Functions
27K.Council and Authority may enter into an agreement
Part 3—Docklands Act 1991
6.Definitions
7.Definition and change of docklands area
8.Authority to represent the Crown for certain purposes
9.Land management and use
10.Revocation of reservations
11.Charges
12.Transport and port facilities
13.Bodies may be required to act promptly
14.Administration of Building Act
15.Amendments to section 32
16.Planning powers of the Authority
17.Repeal of Part 3A—municipal functions of Authority
18.Docklands Fund
19.Repeal of sections 44 and 51A
20.By-laws
21.Regulations
22.Substitution of Part 7
Part 7—transitional
Division 1—General transitional provisions
57.Definitions
58.Sewers and drains
59.Roads
60.Authorised officers
61.Rates
62.Transitional orders
63.Voters' roll
64.Indemnity
65.Authority and Melbourne City Council may enter
into an agreement
Division 2—Land to be reserved
66.Reservation of land for public purposes
67.Surrender or divesting of land
68.Preservation of leases
69.Preservation of planning agreements
70.Saving of rights
71.Secretary to keep register
72.Agreement to extinguish right
73.No compensation payable
Part 4—Amendment of Other Acts
23.Amendment of the Congestion Levy Act 2005
24.Amendment of the Emergency Management Act 1986
25.Amendment of the Environment Protection Act 1970
26.Amendment of the Melbourne City Link Act 1995
27.Amendment of the Metropolitan Fire Brigades Act 1958
28.Amendment of the Public Holidays Act 1993
29.Amendment of the Road Management Act 2004
30.Amendment of the Victoria Grants Commission Act 1976
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Endnotes
City of Melbourne and Docklands Acts (Governance) Act 2006
[Assented to 10 October 2006]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purposes
The main purposes of this Act are—
(a)to amend the City of Melbourne Act 2001—
(i) to return the docklands area to the municipal district of the City of Melbourne; and
(ii)to provide for the establishment of the Docklands Co-ordination Committee;
(b)to amend the Docklands Act 1991—
(i)to give effect to the return of the docklands area to the municipal district of the City of Melbourne; and
(ii)to provide for the reservation of certain land in the docklands area.
2.Commencement
(1)Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 January 2008 it comes into operation on that day.
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Part 2—City of Melbourne Act 2001
3.Definition of docklands area
In section 3 of the City of Melbourne Act 2001 insert the following definitions—
' "Authority" means the Victorian Urban Development Authority established by the Victorian Urban Development Authority Act 2003;
"docklands area" has the same meaning as in the Docklands Act 1991;'.
4.New section 5A inserted
After section 5 of the City of Melbourne Act 2001 insert—
"5A.Docklands area is part of municipal district
(1)The municipal district of the City of Melbourne includes the docklands area.
(2)The addition of the docklands area to the municipal district of the City of Melbourne does not constitute a reconstitution of the Council.".
5.New Part 4A inserted
After Part 4 of the City of Melbourne Act 2001 insert—
'Part 4A—Docklands co-ordination committee
27A.Definitions
(1)In this Part—
"Authority nominee" means a member of the Committee nominated under section 27C(1)(a)(ii);
"Committee" means the Docklands Co‑ordination Committee established by the Council under this Part;
"Co-ordination area" means—
(a)any land reserved under section 66 or 67 of the Docklands Act 1991 of which the Council is the committee of management under the Crown Land (Reserves) Act 1978; and
(b)any land added to that area by Order under sub-section (2)—
but does not include any land removed from the area by Order under sub-section (2);
"Council nominee" means a member of the Committee nominated under section 27C(1)(a)(i);
"Docklands Minister" means the Minister for the time being administering the Docklands Act 1991;
"Ministerial appointee" means a member of the Committee appointed under section 27C(1)(b);
"place management services" means services that relate to—
(a)site presentation;
(b)waterways management;
(c)safety and security;
(d)the marketing and promotion of the docklands area;
(e)the attraction and staging of events in the docklands area;
(f)any other prescribed matter.
(2)The Governor in Council, on the joint recommendation of the Minister and the Docklands Minister, may by Order add any Crown land in the docklands area to, or remove any Crown land in the docklands area from, the Co-ordination area.
(3)An Order under sub-section (2) must be published in the Government Gazette.
27B.Establishment of the Docklands Co‑ordination Committee
(1)The Council must establish a committee to be called the Docklands Co-ordination Committee.
(2)The Committee is deemed to be a Special Committee established under section 86 of the Local Government Act 1989.
(3)Despite sub-section (2), sections 86(2), 88(3), 88(4), 88(7), 90(1)(d), 90(1)(e) and 91(3) of the Local Government Act 1989 do not apply to the Committee.
27C.Constitution of the Committee
(1)The Docklands Co-ordination Committee consists of up to 7 members of whom—
(a)6 must be persons appointed by the Council of whom—
(i)3 must be persons nominated by the Council; and
(ii)3 must be persons nominated by the Authority; and
(b)1, if appointed, must be a person appointed jointly by the Minister and the Docklands Minister.
(2)Nothing in sub-section (1) requires a person to be appointed under sub-section (1)(b).
(3)An appointment under sub-section (1)(b) must specify the term of appointment (not exceeding 4 years) of the person appointed.
(4)A person appointed under sub-section (1) is eligible for reappointment.
27D.Deputy members
(1)The Council may appoint as a deputy member for each member appointed by the Council a person nominated in the same manner as the member appointed by the Council for whom he or she is deputy.
(2)The Minister and the Docklands Minister may jointly appoint a person as a deputy member for the Ministerial appointee.
(3)A deputy member appointed under sub-section (1) or (2) may, in the absence of the member, attend a meeting of the Docklands Co-ordination Committee in place of the member and perform any function at that meeting that the member could have performed.
27E.Removal from office
(1)The Council may at any time remove a member of the Committee who is a Council nominee or a deputy of that member from office.
(2)The Council must at the request of the Authority remove a member who is an Authority nominee or a deputy of that member from office.
(3)The Minister and the Docklands Minister may jointly remove a member who is a Ministerial appointee or the deputy of that member from office.
27F.Chairperson
(1)The person who is the Ministerial appointee (if any) is to be the Chairperson at a meeting of the Docklands Co-ordination Committee at which he or she is present.
(2)For each meeting at which the member who is the Ministerial appointee (if any) is not present, the role of Chairperson is to alternate between a member nominated by the Council nominees and a member nominated by the Authority nominees on the Committee beginning with a member nominated by the Council nominees.
27G.Quorum
5 members of the Docklands Co-ordination Committee constitute a quorum.
27H.Voting
(1)At a meeting of the Docklands Co-ordination Committee at which the Ministerial appointee presides—
(a)the Ministerial appointee (if any) has a casting as well as deliberative vote; and
(b)a question before the meeting is to be determined by a majority of votes.
(2)If at a meeting of the Committee a person other than the Ministerial appointee (if any) presides, a question before the meeting is to be determined by a unanimous vote of the members present at the meeting.
(3)Subject to this Part, the conduct of meetings of the Committee is in its discretion.
27I.Delegation
(1)The Council must, in accordance with the regulations, delegate to the Docklands Co‑ordination Committee such of its functions in relation to the monitoring of place management services in the Co‑ordination area as are specified in the regulations.
(2)The Council must not amend, revoke or impose conditions on a delegation made under sub-section (1) except in accordance with the regulations.
(3)The carrying out by the Committee of functions delegated under this section is deemed for the purposes of this Act and the Local Government Act 1989 to have been carried out by the Council.
(4)A delegation of a function under this section does not prevent the Council from carrying out the function.
(5)Section 42A of the Interpretation of Legislation Act 1984 does not apply to a delegation under this section.
27J.Functions
The functions of the Docklands Co‑ordination Committee are to—
(a)approve any place management plan prepared for the Co-ordination area in accordance with the regulations; and
(b)approve any finance and infrastructure plan prepared for the Co-ordination area in accordance with the regulations; and
(c)provide advice, guidance and recommendations to the Council about the provision of place management services in the Co-ordination area; and
(d)carry out any function in relation to the monitoring of place management services that is delegated to the Committee under section 27I.
27K.Council and Authority may enter into an agreement
(1)The Council and Authority may enter into an agreement in relation to the provision and co-ordination of place management services in the Co-ordination area.
(2)An agreement made under this Part must—
(a)provide for the prescribed matters; and
(b)not be inconsistent with this Part or the regulations.'.
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Part 3—Docklands Act 1991
6.Definitions
In section 3 of the Docklands Act 1991—
(a)for paragraph (c) of the definition of "land" substitute—
"(c)any estate, interest, easement, servitude, privilege or right in or over land; and
(d)any stratum of land;";
(b)after the definition of "staff" insert—
' "stratum of land" means a part of land consisting of a space of any shape above or below or partly above and partly below the surface of the land, all the dimensions of which are limited;';
(c)the definitions of "municipal functions", "public notice" and "voter" are repealed.
7.Definition and change of docklands area
(1)Section 4(5)(a) of the Docklands Act 1991 is repealed.
(2)Section 4(6) of the Docklands Act 1991 is repealed.
8.Authority to represent the Crown for certain purposes
(1)For section 6(b)(i) of the Docklands Act 1991 substitute—
"(i)it does anything under this Act in relation to Crown land;".
(2)Section 6(b)(ii) of the Docklands Act 1991 is repealed.
(3)In section 6(b)(iii) of the Docklands Act 1991, for "Crown;" substitute "Crown—".
(4)Section 6(b)(iv) of the Docklands Act 1991 is repealed.
9.Land management and use
For section 20(1)(a) of the Docklands Act 1991 substitute—
"(a)Crown land other than land for which the Melbourne City Council is the committee of management under the Crown Land (Reserves) Act 1978; or".
10.Revocation of reservations
In section 21(1) of the Docklands Act 1991, after "under that Act" insert "(including any deemed reservation under section 66 or 67 of this Act)".
11.Charges
(1)After section 25(4) of the Docklands Act 1991 insert—
"(4A)Despite sub-section (1), the Authority may not levy charges for any matter for which the Melbourne City Council has levied a rate or charge.".
(2)After section 27(3) of the Docklands Act 1991 insert—
"(4)The Minister must obtain the written consent of the Melbourne City Council before giving advice under sub-section (1) in respect of a rate or charge levied by the Melbourne City Council.".
12.Transport and port facilities
In section 28(2) of the Docklands Act 1991, for "or the Victorian Regional Channels Authority" substitute ", the Victorian Regional Channels Authority or the Melbourne City Council".
13.Bodies may be required to act promptly
In section 30(1) of the Docklands Act 1991 for "Chief Administrator" substitute "Department Head".
14.Administration of Building Act
Section 31 of the Docklands Act 1991 is repealed.
15.Amendments to section 32
(1)Insert the following heading to section 32 of the Docklands Act 1991—
"Docklands may become or cease to be a port".
(2)Sections 32(1)(c) and 32(1)(d) of the Docklands Act 1991 are repealed.
(3)In section 32(2) of the Docklands Act 1991 omit "or under the Local Government Act 1989".
16.Planning powers of the Authority
Section 33 of the Docklands Act 1991 is repealed.
17.Repeal of Part 3A—municipal functions of Authority
Part 3A of the Docklands Act 1991 is repealed.
18.Docklands Fund
For section 36(3)(b) of the Docklands Act 1991 substitute—
"(b)pursuant to an Order made under section 62;".
19.Repeal of sections 44 and 51A
Sections 44 and 51A of the Docklands Act 1991 are repealed.
20.By-laws
Sections 54(1)(a), 54(1)(b), 54(1)(c) and 54(1)(m) of the Docklands Act 1991 are repealed.
21.Regulations
(1)Insert the following heading to section 56 of the Docklands Act 1991—
"Regulations".
(2)For section 56(1A) of the Docklands Act 1991 substitute—
"(1)The Governor in Council may make regulations for or with respect to prescribing any matter or thing authorised or required to be prescribed or necessary or convenient to be prescribed for carrying this Act into effect.".
22.Substitution of Part 7
For Part 7 of the Docklands Act 1991 substitute—
'Part 7—transitional
Division 1—General transitional provisions
57.Definitions
In this Division—
"appointed day" means the date of commencement of section 4 of the City of Melbourne and Docklands Acts (Governance) Act 2006;
"Crown Land Minister" means the Minister for the time being administering the Crown Land (Reserves) Act 1978;
"Local Government Minister" means the Minister for the time being administering the City of Melbourne Act 2001.
58.Sewers and drains
(1)On the appointed day—
(a)all public sewers and drains in the docklands area; and
(b)all sewers and drains in and under roads in the docklands area; and
(c)all works and materials relating to the sewers and drains referred to in paragraphs (a) and (b)—
vested in the Authority under this Act are divested from the Authority and are deemed to be vested in the Melbourne City Council under section 198 of the Local Government Act 1989 and are under the management and control of the Melbourne City Council.
(2)This section does not apply to any sewers and drains vested in a Minister, the Crown or any public body other than the Authority.
59.Roads
(1)Subject to sections 36 and 37 of the Road Management Act 2004, on the appointed day all public highways in the docklands area vested in fee simple in the Authority are divested from the Authority and are vested in fee simple in the Melbourne City Council.
(2)Sub-section (1) does not apply to any public highway specified by the Minister (after consulting with the Local Government Minister) by Order published in the Government Gazette before the appointed day.
(3)On the appointed day, the Authority is deemed (subject to any regulations for the purpose of section 37(1)(c) of the Road Management Act 2004) to be the relevant road authority for the purposes of the Road Management Act 2004 in respect of any public highway in the docklands area that does not vest in the Melbourne City Council under this section.
(4)In this section "public highway" has the same meaning as it has in the Local Government Act 1989.
60.Authorised officers
Any person who immediately before the appointed day was an authorised officer under section 35H (as in force before its repeal) is deemed to be appointed by the Melbourne City Council under section 224 of the Local Government Act 1989 as an authorised officer.
61.Rates
On and after the appointed day all rates and charges declared by the Authority under Part 3A (before its repeal) and not paid before the appointed day are payable to the Melbourne City Council.
62.Transitional orders
(1)The Governor in Council, on the joint recommendation of the Minister and the Local Government Minister, may by Order provide for any matter necessary or convenient to give effect to the return of the docklands area to the municipal district of the City of Melbourne.
(2)Without limiting the generality of sub-section (1), an Order may provide for—
(a)the Melbourne City Council to be the successor in law to the Authority in relation to any matter;
(b)any property, income, assets, rights, liabilities, expenses or other matters to be apportioned, settled, transferred, adjusted or determined, including transfers to the Crown;
(c)the application, continuation, review, amendment or revocation of existing local laws;
(d)despite anything to the contrary in any other Act, the substitution of the Melbourne City Council as a party to any contract or agreement entered into by the Authority in relation to land reserved, or to be reserved, under Division 2 of which the Melbourne City Council is, or is to be, the committee of management;
(e)the payment of money out of the Docklands Fund to the Melbourne City Council or the Crown;
(f)transitional provisions in relation to any act, matter or thing done or required to be done by or in relation to the Melbourne City Council or the Authority.
(3)Sections 220S(1) and 220S(2) (except paragraphs (h) to (j)) of the Local Government Act 1989 apply with any necessary modifications to an Order made under this section.
(4)The Authority and the Melbourne City Council must comply with any Order made under this section.
63.Voters' roll
The Local Government Minister may direct the Authority to provide information to the Melbourne City Council on any voters' roll which existed in relation to the docklands area immediately before the appointed day.
64.Indemnity
Despite the repeal of section 35J, that section continues to apply in relation to anything done before the appointed day in relation to a municipal function conferred on the Authority.
65.Authority and Melbourne City Council may enter into an agreement
(1)The Authority and Melbourne City Council may enter into an agreement in relation to any matter associated with the return of the docklands area to the municipal district of the City of Melbourne.
(2)An agreement made under sub-section (1) must—
(a)provide for the prescribed matters; and
(b)not be inconsistent with this Part or any Order made under this Part.
Division 2—Land to be reserved
66.Reservation of land for public purposes
(1)The Minister and the Crown Land Minister on—
(a)receiving a plan of survey of certain land signed by the Surveyor-General; and
(b)being satisfied that the land described on the plan of survey corresponds as nearly as practicable with the land or part of the land shown hatched on plan number LEGL./06-071 lodged in the Central Plan Office of the Department of Sustainability and Environment—
may make a joint recommendation to the Governor in Council that the land shown on the plan of survey be reserved for public purposes.
(2)On receiving a recommendation under sub-section (1), the Governor in Council may, by Order published in the Government Gazette, reserve the land on the plan of survey for public purposes.
(3)On publication of the Order under sub-section (2) in the Government Gazette—
(a)if any of the land shown on the plan of survey is vested in the Authority, the land is—
(i)divested from the Authority; and
(ii)deemed to be unalienated Crown land freed and discharged from all limitations; and
(iii)deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes; and
(b)if any of the land shown on the plan of survey is unreserved Crown land, the land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes; and
(c)if the Order so provides, the Melbourne City Council is deemed to be the committee of management under the Crown Land (Reserves) Act 1978 of the land shown on the plan of survey.
(4)This section is subject to sections 68, 69 and 70.
(5)Nothing in this section prevents the re-reservation under this section of land which had previously been reserved under this section.
67.Surrender or divesting of land
(1)The Governor in Council, by Order published in the Government Gazette may—
(a)require land in the docklands area that is vested in the Authority to be surrendered to the Crown;
(b)divest land in the docklands area from the Authority.
(2)The Authority must comply with a requirement under sub-section (1)(a).
(3)On—
(a)the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of land that the Authority is required to surrender under sub-section (1)(a); or
(b)the publication in the Government Gazette of an Order under sub-section (1)(b)—
the land concerned is deemed to be unalienated Crown land and is freed and discharged from all limitations.
(4)On the occurrence of an event described in sub-section (3)—
(a)the land concerned is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes; and
(b)if the Order under sub-section (1) so provides, the Melbourne City Council is deemed to be the committee of management under the Crown Land (Reserves) Act 1978 of that land.
(5)A power may only be exercised under sub-section (1) on the joint recommendation of the Minister and the Crown Land Minister.
(6)A joint recommendation may only be made under sub-section (5) if the Ministers are satisfied that the land is required for public purposes.
(7)If requested by the Secretary to the Department of Sustainability and Environment, the Authority must provide information to the Secretary on any surrender of land by, or divestment of land from, the Authority under this section.
(8)This section is subject to sections 68, 69 and 70.
(9)Nothing in this section prevents the re-reservation under this section of land which had previously been reserved under this section.
68.Preservation of leases
(1)In this section "lease" includes an agreement, licence, option to renew or other interest arising under or in relation to a lease (whether or not the lease has expired) and an interest in the nature of a lease and "sub-lease" has a corresponding meaning.
(2)The status or continuity of any lease of land that was entered into by the Authority and was existing immediately before the land was reserved under section 66 or 67 is not affected by that reservation or by the operation of that section.
(3)A lease referred to in sub-section (2) has effect—
(a)as a lease between—
(i)if the Melbourne City Council is the committee of management of the leased land, the Melbourne City Council as lessor and the lessee for the time being under the lease, as if it had been assigned to the Melbourne City Council; or
(ii)in any other case, the Crown as lessor and the lessee for the time being under the lease, as if it had been assigned to the Crown; and
(b)as if it referred to the Melbourne City Council or the Crown (as the case may be) instead of to the lessor (however described).
(4)If requested by the Melbourne City Council, the Authority must provide to the Council such information as the Council reasonably requires on any lease for which it is to become the lessor under this section.
(5)The status or continuity of any sub-lease existing over the land affected by a lease referred to in sub-section (2) immediately before the land was reserved under section 66 or 67 is not affected by that reservation or by the operation of that section.
(6)This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land.
(7)Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease.
(8)Despite anything to the contrary in the Crown Land (Reserves) Act 1978, if a lease referred to in sub-section (2) ("the original lease") ends before the term of the lease expires, the Melbourne City Council may grant a new lease over that land for a term up to the remaining term (including any option to renew) of the original lease.
Note:The Melbourne City Council, as committee of management of land reserved under the Crown Land (Reserves) Act 1978, may generally grant leases over that land for a term not exceeding 21 years in accordance with the Crown Land (Reserves) Act 1978.
69.Preservation of planning agreements
The status or continuity of any agreement entered into by the Authority under section 173 of the Planning and Environment Act 1987 or section 24(2) of this Act and existing immediately before the reservation of land under section 66 or 67 is not affected by—
(a)the reservation of that land under section 66 or 67; or
(b)the operation of section 68 or 70.
70.Saving of rights
(1)The reservation of land under section 66 or 67 and the operation of those sections do not affect any right existing over the land in favour of a person (other than the Authority) immediately before the date of that reservation.
(2)On and from the date of reservation, any right referred to in sub-section (1) has effect as if it had been granted by the Crown.
(3)This section does not apply to a lease or sub-lease within the meaning of section 68.
(4)In this section—
"right" means any easement, right in the nature of an easement, covenant or any other right created on a registered plan of subdivision within the meaning of the Subdivision Act 1988 or recorded on a folio of the Register kept under the Transfer of Land Act 1958.
71.Secretary to keep register
(1)The Secretary to the Department of Sustainability and Environment must keep a register of all rights referred to in section 70(1).
(2)The register must contain the prescribed information.
(3)Any person may inspect the register on payment of the prescribed fee (if any).
72.Agreement to extinguish right
(1)The person who is the beneficiary of a right referred to in section 70(1) and the Crown Land Minister may by agreement extinguish the right to the extent that it applies to the person or to land owned by that person.
(2)The Secretary to the Department of Sustainability and Environment must record the extinguishment of a right by agreement under this section in the register kept under section 71.
73.No compensation payable
No compensation is payable by the Crown in respect of anything done or arising out of this Division. '.
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Part 4—Amendment of Other Acts
23.Amendment of the Congestion Levy Act 2005
In Schedule 1 to the Congestion Levy Act 2005 omit "and the Docklands Area".
24.Amendment of the Emergency Management Act 1986
Section 4(3) of the Emergency Management Act 1986 is repealed.
25.Amendment of the Environment Protection Act 1970
(1)Section 4(3B) of the Environment Protection Act 1970 is repealed.
(2)Section 50S(6) of the Environment Protection Act 1970 is repealed.
26.Amendment of the Melbourne City Link Act 1995
(1)Section 103(4) of the Melbourne City Link Act 1995 is repealed.
(2)Section 104(4) of the Melbourne City Link Act 1995 is repealed.
27.Amendment of the Metropolitan Fire Brigades Act 1958
(1)Section 3(2) of the Metropolitan Fire Brigades Act 1958 is repealed.
(2)Section 4(2A) of the Metropolitan Fire Brigades Act 1958 is repealed.
28.Amendment of the Public Holidays Act 1993
Section 3(3) of the Public Holidays Act 1993 is repealed.
29.Amendment of the Road Management Act 2004
In section 3(1) of the Road Management Act 2004, paragraph (c) of the definition of "relevant road Minister" is repealed.
30.Amendment of the Victoria Grants Commission Act 1976
Section 2(2) of the Victoria Grants Commission Act 1976 is repealed.
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Endnotes
Minister's second reading speech—
Legislative Assembly: 24 August 2006
Legislative Council: 14 September 2006
The long title for the Bill for this Act was "to amend the City of Melbourne Act 2001 to return the docklands area to the municipal district of the City of Melbourne and to establish a Docklands Co‑ordination Committee and to amend the Docklands Act 1991 and other Acts and for other purposes."
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