Commonwealth Games Arrangements (Amendment) Act 2003 (Vic)

Commonwealth Games Arrangements

(Amendment) Act 2003

Act No. 16/2003

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2

PART 2—DEVELOPMENT OF FACILITIES AND

COMMONWEALTH GAMES VILLAGE 3

4.	New section 1 substituted	3
1. Purposes	3
5.	Amendment of definition of "facilities"	3
6.	New section 3A inserted	5
3A. Declaration of Games related facilities	5
7.	References to "facilities"	6
8.	Declaration of Commonwealth Games project	6
9.	Application of Planning and Environment Act 1987	7
10.	New sections 44A and 44B inserted	7

44A.	General powers relating to roads	7
44B.	Closing roads	9

11.	New Part 4A inserted	10
PART 4A—COMMONWEALTH GAMES VILLAGE	10
Division 1—Planning Powers	10

48A.	Games Village	10
48B.	Minister to have planning powers	10

Division 2—Revocation of Reservations on Games Village

Land 11

48C.	Revocation of reservations	11
48D.	Consequences of revoking reservations	11
48E.	Registrar of Titles to make necessary amendments	11

i

Section	Page
PART 3—SECRETARY TO THE DEPARTMENT FOR
VICTORIAN COMMUNITIES	12

12.	Definition substituted	12
13.	Secretary is a body corporate	12

25A. The Secretary is a body corporate 12

14.	Role of Secretary	13
15.	Contracts and agreements	13
16.	Delegation by Secretary	14
17.	New sections 28A and 28B inserted	14

28A.	Secretary is subject to Ministerial control	14
28B.	Department Head's powers are not affected	14

PART 4—MISCELLANEOUS AMENDMENTS 16

18. New sections 57A and 57B inserted 16

57A.	Transitional provision—Secretary	16
57B.	Savings provision—Advisory Committees	16

19. Section 58 substituted 17

58. Expiry 17

20.	Statute law revision	17
21.	New Schedule 1 inserted	17
SCHEDULE 1—Land in Respect of which Reservations are

Revoked 17

PART 5—AMENDMENTS OF PROJECT DEVELOPMENT AND

CONSTRUCTION MANAGEMENT ACT 1994 19

22.	Definition repealed	19
23.	New section 8A inserted	19

8A. Orders may be amended or revoked 19

24.	Tabling of orders	20
25.	Part 5A repealed	20
26.	New Part 9 inserted	20
PART 9—TRANSITIONAL AND SAVING PROVISIONS	20

76.	Confirmation of nomination order	20
77.	Confirmation of direction	21
78.	Body corporate is dissolved	21

═══════════════

ENDNOTES 22

ii

Victoria

No. 16 of 2003

Commonwealth Games Arrangements

(Amendment) Act 2003†

[Assented to 13 May 2003]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The main purpose of this Act is to amend the Commonwealth Games Arrangements Act 2001—

(a) to facilitate—

(i)  the development of the Commonwealth Games Village; and

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

s. 2 Part 1—Preliminary

(ii)  the development, re-development and use of the Games Village land after the Commonwealth Games;

(b) Commonwealth Games projects,

to make further provision in relation to related facilities, including facilities which can be used by all Victorians after the Commonwealth Games;

(c) to establish a body corporate to be responsible for various matters relating to Commonwealth Games projects.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. Principal Act

See:

Act No.	In this Act, the Commonwealth Games
57/2001.	Arrangements Act 2001 is called the Principal
LawToday:
Act.
dpc.vic. gov.au

__________________
Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

Part 2—Development of Facilities and Commonwealth Games Village s. 4

PART 2—DEVELOPMENT OF FACILITIES AND

COMMONWEALTH GAMES VILLAGE

4. New section 1 substituted

For section 1 of the Principal Act substitute—

"1. Purposes

The main purposes of this Act are—

(a)

to facilitate preparations for the Melbourne in 2006;

(b) to facilitate—

(i) the development of the
Commonwealth Games Village;
and

(ii)  the development, re-development and use of the Games Village land after the Commonwealth Games;

(c) of Commonwealth Games projects,
Commonwealth Games venues and
Games related facilities, including
facilities which can be used by all

to provide for the development and use Games.".

5. Amendment of definition of "facilities"

(1) In section 3(1) of the Principal Act for the

definition of "facilities" substitute—
' "facilities" means—

(a) ancillary to the hosting of the

facilities required for, convenient for or not limited to—

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

s. 5 Part 2—Development of Facilities and Commonwealth Games Village

(i)  facilities for the conduct of sporting events;

(ii) training facilities for competitors;

(iii) hydrotherapy facilities;

(iv)	media centres and other communications facilities for the media;
(v)	residential accommodation for competitors, officials and members of the media;
(vi)	storage facilities for sporting, communication or other equipment;
(vii)	catering facilities for sports venues, training facilities, media centres and residential accommodation;

(viii) helicopter landing facilities;

(ix) support services facilities;

(b) Games related facilities;

(c) transport facilities and other
infrastructure facilities associated
with—

(i)  any facilities set out in paragraph (a); or

(ii) Games related facilities;'.

(2) In section 3(1) of the Principal Act insert the

following definitions—
' "Games related facilities" means any works,

development, infrastructure or services declared under section 3A to be Games related facilities;

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

Part 2—Development of Facilities and Commonwealth Games Village s. 6

"Games Village land" means the land

shown hatched on the plan numbered
LEGL./03–014 and lodged in the Central
Plan Office of the Department of
Sustainability and Environment but does
not include any land excluded under sub-

section (2);

"Games Village project" means the project

for—

(a)	the development of the Commonwealth Games Village and the use of the Games Village land before and during the Commonwealth Games; and
(b)	the development, re-development and use of the Games Village land after the Commonwealth Games;'.

(3) For section 3(2) of the Principal Act substitute— "(2) The Governor in Council, by Order

published in the Government Gazette, may
declare land to be excluded from the Games

Village land.".

6. New section 3A inserted

After section 3 of the Principal Act insert—

"3A. Declaration of Games related facilities The Minister, by Order published in the Government Gazette, may declare any

works, development, infrastructure or
services of any kind to be provided before,
during or after the Commonwealth Games to
be Games related facilities.".

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

s. 7 Part 2—Development of Facilities and Commonwealth Games Village

7. References to "facilities"

(1) In section 6(1)(a)(i) of the Principal Act, for "for

the Commonwealth Games" substitute "under

this Act".

(2) After section 6(1)(a)(ii) of the Principal Act

insert—

"(iii) the development of the Games Village

project; and".

(3) In section 7(2) of the Principal Act, for "relating to the development of facilities for the section 6(1)(a)(i) or (iii)".

8. Declaration of Commonwealth Games project

(1) In section 15(1)(a)(ii) of the Principal Act, for "and" substitute "or".

(2) After section 15(1)(a)(ii) of the Principal Act

insert—

"(iii) the Games Village project; and".

(3) In section 15(3) of the Principal Act for "on the proposed facility" substitute "in relation to the matter".

(4) In section 15(4) of the Principal Act for "proposed facility" substitute "matter referred to it".

(5) After section 15(4) of the Principal Act insert—

"(4A) An Advisory Committee may recommend

the making of more than one project Order in relation to any matter referred to it under this section.".

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

Part 2—Development of Facilities and Commonwealth Games Village s. 9

9. Application of Planning and Environment Act 1987

At the end of section 20 of the Principal Act insert—

"(2) This section does not apply to the Games

Village land.".

10. New sections 44A and 44B inserted

In Division 5 of Part 4 of the Principal Act, before section 45 insert—

"44A. General powers relating to roads

(1) For the purpose of a Commonwealth Games project, the Minister may—

(a)	construct, realign, relocate, open or close any road; and
(b)	carry out or operate works or facilities associated with the powers under paragraph (a).

(2) The Minister must not exercise a power

under sub-section (1)(a), unless the Minister
has consulted with the Minister
administering the Transport Act 1983.

(3) Before making a decision to close, realign or relocate a road, the Minister must ensure that provision is made with respect to pipes,

wires, apparatus, sewers, drains, tunnels,
conduits, poles, posts and fixtures lawfully
on, over, under or across the road or part of

the road.

(4) If the Minister makes a decision to close,

realign or relocate a road, the Minister must
make provision for the payment of

compensation to—

(a) any person in whom the land comprised in the road or part of the road is vested; and

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

s. 10 Part 2—Development of Facilities and Commonwealth Games Village

(b) any owner of property which in the opinion of the Minister is likely to be substantially affected by that closure, realignment or relocation.

(5) The Minister may certify that, having regard to the extent to which any person referred to in sub-section (4)(a) or (b) is or is likely to

be affected by the closure, realignment or
relocation of a road, the compensation
payable to that person under sub-section (4)
should not exceed the amount stated in the
certificate (not being more than $400).

(6) If the Minister so certifies under sub-section

(5), the amount stated in the certificate in
respect of that person is to be the full amount
payable to that person under sub-section (4)
by the Minister, by way of compensation.

(7) If the Minister is satisfied that a person who

might be entitled to compensation under sub-
section (4) cannot be found, the Minister
may direct that no provision, or such
provision as the Minister specifies, is to be
made for payment of compensation to that
person.

(8) If sub-section (6) or (7) does not apply, the

compensation payable to a person under sub-
section (4) is to be—

(a)	the amount agreed between the Minister and the person; or
(b)	determined as if the amount of compensation payable were a disputed claim under Part 10 of the Land if agreement is not reached, the amount 1986.

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

Part 2—Development of Facilities and Commonwealth Games Village s. 10

(9) The Governor in Council, by order published in the Government Gazette, may provide for any vesting or divesting of lands necessary

because of the exercise by the Minister of the

powers under sub-section (1).

44B. Closing roads

(1) A decision under section 44A to close,

realign or relocate a road has no effect until
the Minister causes notice of it to be

published—

(a) in the Government Gazette; and

(b)

in a newspaper circulating generally closure, realignment or relocation.

(2) On the publication under sub-section (1) of a

decision closing, realigning or relocating a
road—

(a)	the land over which the closed, realigned or relocated road ran ceases to be a road; and
(b)	all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and
(c)	the land is deemed to be unalienated land of the Crown.".

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

s. 11 Part 2—Development of Facilities and Commonwealth Games Village

11. New Part 4A inserted

After Part 4 of the Principal Act insert—

"PART 4A—COMMONWEALTH GAMES

VILLAGE

Division 1—Planning Powers

48A. Games Village

This Division only applies to the Games Village land if the Games Village project is declared to be a Commonwealth Games project under section 15.

48B. Minister to have planning powers

(1) The Minister has and may exercise in

relation to the Games Village land all of the powers, functions and duties of the Minister under the Planning and Environment Act 1987.

(2) Division 5 of Part 6 of the Planning and Environment Act 1987 does not apply to any decision (or failure to make a decision)

or matter relating to the Games Village land. (3) Nothing in this section is intended to limit or

affect the exercise by the Minister for the powers, functions and duties under that Act.

time being administering the Planning and

(4) This section applies despite anything to the contrary in the Planning and Environment Act 1987.

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

Part 2—Development of Facilities and Commonwealth Games Village s. 11

Division 2—Revocation of Reservations on

Games Village Land

48C. Revocation of reservations

The Orders in Council specified in items 1, 2 and 3 of Schedule 1 are revoked.

48D. Consequences of revoking reservations

On the revocation under this Division of an

Order in Council reserving land—

(a) land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions,

that land is deemed to be unalienated and

(b)	the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and
(c)	any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

48E. Registrar of Titles to make necessary

amendments

The Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Division.".

__________________
Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

s. 12	Part 3—Secretary to the Department for Victorian Communities
PART 3—SECRETARY TO THE DEPARTMENT FOR

VICTORIAN COMMUNITIES

12. Definition substituted

In section 3(1) of the Principal Act for the
definition of "Secretary" substitute—

' "Secretary" means the body corporate

constituted under section 25A;'.

13. Secretary is a body corporate

In Division 3 of Part 3 of the Principal Act before section 26 insert—

'25A. The Secretary is a body corporate

(1) The person who is for the time being the

Department Head (within the meaning of the Public Sector Management and Employment Act 1998) of the Department for Victorian Communities and the successors in office of that person are a body corporate under the name "Secretary to the Department for Victorian Communities" which, by that name—

(a) has perpetual succession;

(b) has an official seal;

(c) may sue and be sued;

(d)	may acquire, hold and dispose of real and personal property;
(e)	may do and suffer all things that a body corporate may, by law, do and suffer.

(2) The official seal of the Secretary must be

kept as directed by the Secretary and must
not be used except as authorised by the
Secretary.

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

Part 3—Secretary to the Department for Victorian Communities s. 14

(3) All courts must take judicial notice of the

official seal of the Secretary on a document
and, until the contrary is proved, must

presume that the seal was properly affixed.'.

14. Role of Secretary

After section 26(2) of the Principal Act insert—

"(3) The Secretary may perform its functions
under this Act within or outside Victoria.

(4) The Secretary may exercise its powers under this Act within or outside Victoria.

(5) Without limiting sub-section (2), in the

performance of its functions under this Act,
the Secretary, with the approval of the

Treasurer, may—

(a)	form, participate in the formation of or be a member of a body corporate, association, partnership, trust or other body; and
(b)	enter into a joint venture with any other person.".

15. Contracts and agreements

At the end of section 27 of the Principal Act insert—

"(2) The Secretary may enter into any contracts,

agreements or arrangements for the provision
by the Secretary of—

(a)	administration in relation to a Commonwealth Games project; or
(b)	management of information systems or services in relation to a Commonwealth Games project.

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

s. 16 Part 3—Secretary to the Department for Victorian Communities

(3) The Secretary may do all things necessary or

convenient to be done to give effect to the
contracts, agreements and arrangements
referred to in sub-sections (1) and (2).".

16. Delegation by Secretary

(1) For section 28(a) of the Principal Act

substitute—

"(a) a person or a class of persons employed

under Part 3 of the Public Sector
Management and Employment Act 1998;

or".

(2) Section 28(b) of the Principal Act is repealed.

(3) At the end of section 28 of the Principal Act

insert—

"(2) The Secretary, with the consent of the

Minister, may in writing delegate any of the powers conferred on the Secretary under sections 27 and 44 to any other person or body or the holder of any office.

(3) The Minister's consent under sub-section (2)

may be in respect of a class or classes of
persons or bodies or offices.".

17. New sections 28A and 28B inserted

After section 28 of the Principal Act insert—

"28A. Secretary is subject to Ministerial control In the exercise of its powers and functions the Secretary is subject to the direction and control of the Minister.

28B. Department Head's powers are not affected The powers and functions of the person who for the time being constitutes the Secretary

are in addition to, and do not affect, that
person's powers and functions as a

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

Part 3—Secretary to the Department for Victorian Communities s. 17

Department Head under the Public Sector

Management and Employment Act 1998.".

__________________
Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

s. 18 Part 4—Miscellaneous Amendments

PART 4—MISCELLANEOUS AMENDMENTS

18. New sections 57A and 57B inserted

After section 57 of the Principal Act insert—

"57A. Transitional provision—Secretary

On and from the commencement of the Commonwealth Games Arrangements (Amendment) Act 2003, each instrument issued or made by the Secretary to the Department of Innovation, Industry and Regional Development under this Act and existing immediately before that commencement has effect and continues to have effect according to its tenor as if a reference in the instrument to the Secretary to the Department of Innovation, Industry and Regional Development were a reference to the body corporate constituted under section 25A.

57B. Savings provision—Advisory Committees

Nothing in this Act, as amended by the Commonwealth Games Arrangements (Amendment) Act 2003, prevents or restricts an Advisory Committee from continuing to consider and carry out its functions in relation to any matter referred to it under section 6 or 15 before the commencement of the Commonwealth Games Arrangements (Amendment) Act 2003 (including any matter relating to the Games Village land or the Games Village project).".

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

Part 4—Miscellaneous Amendments s. 19

19. Section 58 substituted

For section 58 of the Principal Act substitute—

"58. Expiry

(1) Part 2, Divisions 1 and 2 of Part 3, Part 4 and

Part 5 cease to apply to any project other
than the Games Village project on 31
December 2006.

(2) This Act expires on 31 December 2011.".

20. Statute law revision

Parts 7, 8 and 9 of the Principal Act are repealed.

21. New Schedule 1 inserted

At the end of the Principal Act insert—

"SCHEDULES

SCHEDULE 1

LAND IN RESPECT OF WHICH RESERVATIONS ARE

REVOKED

Item 1—Melbourne land (State School site)

Situation and area of land:	City of Melbourne, Parish of Jika Jika, being 8491 square metres, being Crown allotment 6, Section 99A.
Instrument and date of	Order in Council dated 29 November
reservation:	1983.
Description of land by	Government Gazette dated 7 December
reference to Government	1983, page 3920.
Gazette:
Purpose of reservation:	State School purposes
Extent of revocation:	The entire reserve.

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

s. 21 Part 4—Miscellaneous Amendments

Item 2—Melbourne land (Hospital for Acute Mental Diseases)

Situation and area of land:	City of Melbourne, at Royal Park, Parish of Jika Jika, County of Bourke, being 60 acres 17 perches, less authorised excisions.
Instrument and date of	Order in Council dated 12 January 1932.
reservation:
Description of land by	Government Gazette dated 20 January
reference to Government	1932, page 144.
Gazette:
Purpose of reservation:	Site for Hospital for Acute Mental Diseases.
Extent of revocation:	The entire reserve.

Item 3—Melbourne land (Day Training Centre for Mentally Retarded

Children)

Situation and area of land:	Parish of Jika Jika, County of Bourke, being 2 acres 15 perches more or less.
Instrument and date of	Order in Council dated 27 February 1973.
reservation:
Description of land by	Government Gazette dated 7 March 1973,
reference to Government	page 525.
Gazette:
Purpose of reservation:	Site for Public purposes (Day Training Centre for Mentally Retarded Children).
Extent of revocation:	The entire reserve.

".

__________________
Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

Part 5—Amendments of Project Development and Construction Management

Act 1994 s. 22

PART 5—AMENDMENTS OF PROJECT DEVELOPMENT

AND CONSTRUCTION MANAGEMENT ACT 1994

22. Definition repealed

See:

In section 3(1) of the Project Development and	Act No.
Construction Management Act 1994, the	101/1994. Reprint No. 3
definition of "Secretary to the Department of State	as at
and Regional Development" is repealed.	1 January 2001
and amending
Act No.
57/2001.
LawToday:
dpc.vic.
gov.au

23. New section 8A inserted

After section 8 of the Project Development and Construction Management Act 1994 insert—

"8A. Orders may be amended or revoked

(1) The Governor in Council, on the

recommendation of the Premier, by order

published in the Government Gazette, may—

(a)	amend a nomination order or an application order; or
(b)	revoke a nomination order or an application order.

(2) An order under sub-section (1) which

amends a nomination order may substitute a
facilitating agency specified in the
nomination order.

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

Part 5—Amendments of Project Development and Construction Management

s. 24 Act 1994

(3) An order under sub-section (1) may provide

for any matter necessary or convenient to give effect to the order including, but not limited to, the transfer, apportionment,
settlement or determination of any property,
income, assets, rights, liabilities or other

matters.".

24. Tabling of orders

(1) In section 9(b) of the Project Development and

Construction Management Act 1994 for

"order—" substitute "order; and".

(2) After section 9(b) of the Project Development

and Construction Management Act 1994

insert—

"(c) a copy of each order made under

section 8A—".

25. Part 5A repealed

Part 5A of the Project Development and Construction Management Act 1994 is repealed.

26. New Part 9 inserted

After Part 8 of the Project Development and

Construction Management Act 1994 insert—

'PART 9—TRANSITIONAL AND SAVING

PROVISIONS

76.

Confirmation of nomination order Amendment of Nomination Orders made by the Governor in Council on 5 March 2002 and published in the Government Gazette on 27 March 2002 is deemed to be and always to have been valid and effective in accordance with its terms.

Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

Part 5—Amendments of Project Development and Construction Management

Act 1994 s. 26

77.

Confirmation of direction by the Minister for Major Projects to the Secretary to the Department of State and Regional Development under section 41D and dated 28 February 2002 is deemed to be and always to have been valid and effective in accordance with its terms.

78. Body corporate is dissolved
On the repeal of Part 5A by the
Commonwealth Games Arrangements
(Amendment) Act 2003 the body corporate
known as "Secretary to the Department of
Innovation, Industry and Regional
Development" is dissolved.'.

═══════════════
Commonwealth Games Arrangements (Amendment) Act 2003

Act No. 16/2003

Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 20 March 2003

Legislative Council: 30 April 2003

The long title for the Bill for this Act was "to amend the Commonwealth
Games Arrangements Act 2001 to facilitate the development of the
Commonwealth Games Village and the development, re-development and
use of the Games Village land after the Commonwealth Games, to make
further provision for the development and use of Commonwealth Games
projects, Commonwealth Games venues and Games related facilities, to
establish a body corporate responsible for various matters relating to
Commonwealth Games projects, to amend the Project Development and
Construction Management Act 1994 and for other purposes."