EastLink Project Act 2004 (Vic)

Version No. 054

EastLink Project Act 2004

No. 39 of 2004

Version incorporating amendments as at

13 August 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary

1Purposes
2Commencement
3Definitions
3ATransport Integration Act 2010
4The Project
4AFunctions and powers of the Head, Transport for Victoria
5Project area
6Extended Project area
7Changes to Project area and Extended Project area
7AConsolidated Plans
8Traffic control centre
9Application of Crown Land (Reserves) Act 1978
10Freeway Corporation
11Freeway Corporation not to be public authority
12Delegation by Freeway Corporation
13Delegation by Minister
14Act to bind Crown

Part 2—The Agreement

Division 1—The Agreement for the Project

15Power to enter into Agreement
16Power to enter into Project Documents
17Amendment of Agreement
18Notice of Agreement, Amending agreement, or variation
19Commencement of Agreement
20Commencement of Amending agreement or variation
21Tabling in Parliament
22Revocation
23Effect of revocation of Amending agreement or variation

Division 2—Giving effect to the Agreement

24Act to prevail over Agreement
25Duty of Government to give effect to Agreement
26Appropriation
27Specific performance
28Enforcement of Agreement
29No warranty given
30Agreement to be State contract
31Agreement may require performance bond or other security
31APayments for performance
32Agreement may empower State to call for transfer of property
33Security for payments to State under Agreement

Part 3—Acquisition of Project land

Division 1—Acquisition of land in the Project area

34Powers of acquisition
35Application of Land Acquisition and Compensation Act 1986
36Acquired land to be Crown land
37Acquired land deemed to be reserved
38Acquisition of easement—easement in gross
39Acquisition by Authority—effect on Utilities
40Acquisition of lease or licence
41Modification of Land Acquisition and Compensation Act 1986—general
42Modification of Land Acquisition and Compensation Act 1986—temporary occupation
43Modification of Land Acquisition and Compensation Act 1986—regulations
44Transfer of building or structure as compensation
45Adjoining land may be provided as compensation
46Cultural and Recreational Lands Act 1963

Division 2—Acquisition of native title rights and interests

47Compulsory acquisition of native title rights and interests
48Acquired right or interest to vest in Crown
49Procedure for acquisition
50Referral of objections to Tribunal
51Determination of Tribunal on objection
52Disputed claims for compensation: native title land
53Cultural and Recreational Lands Act 1963

Division 3—Acquisition of land outside the Project area

54Power of Authority to purchase land

Part 4—Provision of public land and Council land

Division 1—Surrender or divesting of public land and Council land

55Surrender or divesting of land of public authorities and Councils
56Surrender of interests in unreserved Crown land
57Effect of surrender or divesting
58Temporary reservation may be amended or revoked

Division 2—Removal of reservations on land

59Land Acts not to apply
60Revocation of reservation of Schedule 1 land
61Revocation of reservations—entire reservation
62Revocation of reservations—part of reservation
63Effect of revocation of reservation
64Temporary reservation may be amended or revoked
65Minister to be notified of reservation

Division 3—Declaration of roads

66Orders may continue or declare roads

Division 4—Entry into possession of certain Project land

67Definitions
68Power to enter into possession
69Authority must try to obtain agreement
70Time for entry into possession—general
71Time for entry into possession—residence or business
72Early entry of place of residence or business
73Occupation may be extended by agreement
74Continued occupation without agreement
75Recovery of rent
76Proceedings where refusal to give up possession
77Residential Tenancies Act 1997 not to apply
78Giving of notices and documents

Division 5—Compensation for surrendered or divested or reserved land

79Compensation—surrender, divesting or revocation of reservation
80Compensation for Councils in certain circumstances
81Transfer of building or structure as compensation
82Adjoining land may be provided as compensation
83No other compensation payable

Division 6—General

84Effect of reservation of a stratum of Crown land

Part 5—Management of land for Project

Division 1—General powers of Authority

85Authority appointed committee of management
86Authority may carry out or authorise works on public land
87Authority liable to pay compensation
88Temporary access to Crown land
88APowers in relation to easements

Division 2—Licences

89Application
90Authority may issue licence for purposes of Project
91Term of licence
92Conditions of licence—general
93Conditions on licence over stratum of land
94Conditions relating to sub-licences
95Ability to mortgage licence
96Amendment of licence
97Termination of licence
98Renewal of licence
99Revocation of reservation on termination of licence
100Orders may close roads
101Orders may continue roads

Division 3—Leases

102Application
103Leasing powers
104Term of lease
105Conditions of lease—general
106Conditions on lease over stratum of land
107Conditions relating to sub-leases
108Ability to mortgage lease
109Amendment of lease
110Termination of lease
111Renewal of lease

Division 4—Interim operation

112Interim operation

Division 5—Interim leases and licences for reserved Project land

113Application
114Power to issue interim licences for reserved project land
115Power to grant interim leases for reserved project land
116Termination of lease or licence
117Proceedings where refusal to give up possession
118Residential Tenancies Act 1997 not to apply

Division 6—Powers over other land

119Land purchased by Authority
120Authority may enter into agreements for land
121Surplus land
122Disposition of surplus land

Part 6—Statutory powers and exemptions

Division 1—Planning controls

123Authority may be planning authority
124Authority to be responsible authority
125Authority to be referral authority
126Application of planning laws
127Planning compensation

Division 2—Exemption from other statutory approvals

128Approvals of public bodies not required

Division 3—Application of other Acts

129Building Act 1993
130Building and Construction Industry Security of Payment Act 2002
131Mineral resources and extractive industry

Part 7—Road management

Division 1—Application

132Powers under Road Management Act 2004

Division 2—Construction powers in relation to roads

133Powers relating to roads
134Authority to comply with Agreement
135Authority to advise road authority before exercising power
136Exercise of powers by road authority
137Effect of decision about road
138Temporary closure of roads to traffic
139Powers of Freeway Corporation in relation to existing roads
140Restriction on powers to close or discontinue roads
141Compensation for denial of access
142Freeway Corporation to be responsible for road management for certain roads on licensed land

Division 3—Road declaration powers

143Declaration of EastLink
144Declaration of other roads
145Power to revoke declaration
146Head, Transport for Victoria may not declare roads on licensed land or leased land

Division 4—Power of Minister to close EastLink to traffic

147Power of Minister to close EastLink

Part 8—Interface with Utilities

Division 1—Introduction

148Certain powers of Utilities not affected

Division 2—Consent of Authority

149Division does not apply to leased land or licensed land
150Utility to obtain consent of Authority
151Utility may refer matter to Ministers for determination

Division 3—Consent of Freeway Corporation

152Utility to obtain consent of Freeway Corporation
153Utility may refer matter to Ministers for determination

Division 4—Agreements between Freeway Corporation and Utility

154Agreements in relation to licensed land
155What can a Utility agreement provide for?
156Requirements for Utility agreements
157Utility agreements must be approved by the Authority
158Utility agreement may be amended

Division 5—Notified Utility infrastructure

159Duty to identify Utility infrastructure
160Freeway Corporation to give notice
161Duty of Utility to give notice
162Copies of notices to be given to Authority
163Freeway Corporation to consult and seek agreement
164Referral to Ministers for determination if no agreement
165Power of Minister to direct Utility
166Direction to Freeway Corporation
167Requirements for directions
168Direction to prevail over requirement to consent

Division 6—Unnotified Utility infrastructure

169Duties of Freeway Corporation
170Freeway Corporation to give notice
171Utility agreement may be entered into
172Notice to Minister if Utility cannot be found or fails to respond
173Minister may direct Utility to carry out works
174Direction to Freeway Corporation after notice to Minister
175Direction to Freeway Corporation after application to Minister
176Requirements for directions
177Direction to prevail over requirement to consent

Division 7—Liability for costs

178Freeway Corporation to be liable for certain relocation and rectification costs
179Standard to apply to relocation or rectification
180Liability for costs of disruption of infrastructure services
181Utility liable for differential if it requests upgrade
182Utility liable for delay costs
183Limitation of liability
184Dispute as to cost of relocation or rectification
185Certification of work
186Referral of matters by Utilities to Ministers for determination
187Referral of matters by Freeway Corporation to Ministers for determination
188Freeway Corporation no longer liable if work satisfactory

Division 8—Dispute resolution

189Who can determine matters referred to the Ministers?
190What must be considered in determining a matter?
191Requirements for determinations
192Determination to prevail over inconsistent laws

Division 9—No review of determination or direction

193No appeal or review

Part 9—Tolls

Division 1—Right to toll

194Freeway Corporation may fix, charge and collect tolls and toll administration fees
195Fixing of tolls and toll administration fees
196Commencement of tolling

Division 2—Charge and collection of tolls

197AAAuthorisation of authorised persons
197Liability to pay toll charged
198Exemptions from toll and toll administration fees
199Operator not liable if effective tolling statement made
199ACancellation of acceptance of statement
199BOffence to provide false or misleading information
200Charge of toll
201Payment of toll
202Declared freeway use agreements
203Prescribed tolling system not surveillance device
203AMinimum debt recovery requirements

Division 3—Tolling offences and registration of vehicles

204Offence to drive unregistered vehicle in toll zone
205Registration of vehicles
205AOn-going registration
205BTemporary registration
205CInformation to be given in relation to registration
205DCancellation or suspension of registration
206Offence to tamper with prescribed tolling devices
206AOffence to fraudulently induce registration

Division 4—Tolling enforcement

206BPayment of prescribed administrative amount
207Freeway Corporation may notify enforcement agency of non‑payment of toll
207ADisputes in relation to payment of tolls
208Enforcement officers
209Identification of enforcement officers
210Power to serve a notice
212Infringement penalty
215Additional effect of expiation
216Application of penalty
218Enforcement of infringement penalty
219Operator onus offence
219AExtension of time if no actual notice for offence to drive unregistered vehicle in toll zone

Division 5—Evidentiary provisions

220Proof that vehicle driven on EastLink in a toll zone
221Evidence of certificate or document from Transport Secretary
221AGeneral evidentiary provision
222Evidence of certificate issued by Freeway Corporation

Division 6—Disclosure and keeping of records

223Transport Secretary may disclose certain information
223ATransport Secretary must disclose certain interstate information
224Freeway Corporation to keep proper records
225Destruction of records

Division 7—North East Link roaming agreement

225ADefinitions
225BMaking North East Link roaming agreement
225CRoaming fees
225DDetermination of net incremental marginal cost

Part 10—Administration and enforcement

Division 1—Use of statutory powers and functions for Project

226Governor in Council may require bodies to act
227Minister may direct certain bodies to act
228Powers of certain bodies extended

Division 2—Limitations on powers of Councils

229Limitation on Council powers—generally
230Limitation on powers to make local laws

Division 3—Emergency orders

231Independent Reviewer
232Emergency orders
233Service of emergency order
234Period of operation of emergency order
235Offence to fail to comply with emergency order
236No appeal or review
237Request for police assistance

Division 4—Emergency management

238Emergency management
239Emergency access to Project area

Division 5—Powers of State to control EastLink

240Powers of State to control Project

Division 6—Powers of Authority to investigate

241Who is a Project party?
242Authority can require information
243Offence to fail to comply
244Authorised officers
245Identification of authorised officers
246Powers of entry and access
247Offence to hinder authorised officer

Division 7—Evidentiary provisions

248Evidentiary certificates of Authority
249Evidentiary certificates of Freeway Corporation

Division 8—Service of documents

250Service of documents

Division 9—Proceedings for offences

251Proceedings for offences under Part 9
252Proceedings for other offences

Part 11—General

253Taxes and duties
254Rates and charges
255Requirement on Minister to consult
256Action by Registrar of Titles
257Supreme Court—limitation of jurisdiction
258Regulations
259Saving provision concerning change of Act name

Schedule

Schedule 1—Revocation of reservations

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Endnotes

1 General information

2 Table of Amendments

3 Explanatory details

Version No. 054

EastLink Project Act 2004

No. 39 of 2004

Version incorporating amendments as at

13 August 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes
The main purposes of this Act are—
(a)to empower the State to enter into an Agreement for the design, construction, operation, maintenance and management of EastLink; and
(b)to provide for the collection and enforcement of tolls in relation to the use of EastLink; and

(c)to confer powers on the Head, Transport for Victoria in relation to the land required for or affected by the Project; and

(d)to provide procedures to deal with the interface between Utilities and the Freeway Corporation in relation to Utility infrastructure and the Project; and
(e)to confer other powers on the Minister, the Head, Transport for Victoria and the Freeway Corporation and other persons for the purposes of the Project; and

(f)to amend the Road Management Act 2004—
(i)to modify its operation in relation to EastLink; and

(ii)to provide for issues relating to civil liability arising out of road management; and
(iii)in relation to rights of review of decisions under that Act; and

(g)to amend section 85 of the Constitution Act 1975 in relation to certain of the amendments made by this Act to the Road Management Act 2004.

2Commencement
(1)This section and sections 1, 266, 270, 272, 273, 276 and 277 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Section 259 comes into operation on 1 July 2004.
(3)The remaining provisions of this Act come into operation on a day or days to be proclaimed.
(4)If a provision referred to in subsection (3) does not come into operation before 1 July 2005, it comes into operation on that day.
3Definitions
(1)In this Act—
Agreement means—
(a)the agreement for the Project entered into under section 15 and the exhibits to that agreement; or
(b)if all or any of the provisions of the agreement for the Project entered into under section 15 or the exhibits to that agreement are amended, the agreement and the exhibits as so amended;

Amending agreement means an Amending agreement under section 17(1);
approved Utility agreement means a Utility agreement that is approved by the Authority under section 157;
arterial road has the same meaning as it has in the Road Management Act 2004;
authorised person means a person authorised in writing by the Freeway Corporation under section 197AA;

Authority means the Head, Transport for Victoria;

business day means a day that is not—
(a)a Saturday or a Sunday; or
(b)a day that is appointed as a public holiday or public half-holiday throughout the whole of Victoria under the Public Holidays Act 1993;

* * * * *

corresponding body has the same meaning as in section 84BB of the Road Safety Act 1986;

corresponding law has the same meaning as in section 84BB of the Road Safety Act 1986;

Council has the same meaning as it has in the Local Government Act 2020;

Crown land includes a stratum of Crown land;
decision-maker, in Part 8, means—
(a)the Minister and the Utility Minister; or
(b)a person appointed under section 189;

declared freeway use agreement means an agreement in a class of agreements declared under section 202 to be declared freeway use agreements;
Department Head has the same meaning as it has in the Public Administration Act 2004;

Director, Fines Victoria has the same meaning as Director has in section 3 of the Fines Reform Act 2014;

EastLink means land declared under section 143 to be a road and includes any part of that land;

effective, in relation to an illegal user statement, a known user statement or a sold vehicle statement, means a statement that is, or is accepted by an authorised person under section 199 as, and has not ceased to be, an effective statement for the purposes of Part 9;
enactment means an Act or a regulation under an Act;
enforcement agency means—
(a)the Chief Commissioner of Police; or
(b)if another person is prescribed by the regulations to be the enforcement agency with respect to all or any part of the enforcement agency's functions, that other person in respect of those functions;

enforcement officer means a person appointed under section 208;
Extended Project area has the meaning given by section 6;
freeway has the same meaning as it has in the Road Management Act 2004;
Freeway Corporation means the person who, for the time being, is the Freeway Corporation under section 10;

freeway use agreement means—
(a)an agreement between the Freeway Corporation and another person for the use of a vehicle on EastLink; or
(b)a declared freeway use agreement;

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

illegal user statement, in relation to the use of a vehicle or trailer, means a statement in writing made by a person with respect to the vehicle or trailer to the effect that the person believes that at the relevant time the vehicle or trailer was a stolen vehicle or trailer or that the number plates displayed on the vehicle or trailer were stolen;
known user statement, in relation to the use of a vehicle or trailer, means a statement in writing made by a person—
(a)to the effect that the person was not driving at the relevant time, or did not at that time have possession or control of, the vehicle or trailer or the vehicle to which the trailer was attached; and
(b)containing sufficient information to identify and locate the person who the person making the statement last knew to have, before the relevant time, possession or control of the vehicle or trailer or the vehicle to which the trailer was attached;

land includes a stratum of land;
lease in Division 3 of Part 5, means a lease granted under section 103;
lessee means a person who is for the time being the lessee under a lease granted under section 103;
leased land means land that is the subject of a lease granted under section 103;
licence in Division 2 of Part 5, means a licence issued under section 90(1) or 90(2);
licensee means—
(a)a person who is for the time being the holder of a licence issued under section 90(1); or
(b)in Division 2 of Part 5, a person who is for the time being the holder of a licence issued under section 90(1) or 90(2);

licensed land means land that is subject to a licence issued under section 90(1);

* * * * *

municipal road has the same meaning as it has in the Road Management Act 2004;
Native Title Act means the Native Title Act 1993 of the Commonwealth;
nomination rejection statement means a statement in writing made by a person nominated in a known user statement, a sold vehicle statement or a tolling nomination statement as being the responsible person in respect of a vehicle or trailer to the effect that if nominated—
(a)in a known user statement, the person had not had possession or control of the vehicle or trailer at the relevant time, as stated in the known user statement; and
(b)in a sold vehicle statement, the vehicle or trailer had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vehicle statement; and
(c)in a tolling nomination statement, the person was not the responsible person in relation to the vehicle or trailer at the time of the tolling offence as stated in the tolling nomination statement;

non-arterial State road has the same meaning as it has in the Road Management Act 2004;
notified Utility infrastructure means Utility infrastructure—
(a)that is identified under section 159; or
(b)that has been notified under section 161;

operator, in relation to a vehicle or trailer at the time the vehicle or trailer was driven in a toll zone, means each of the following—
(a)the registered operator of the vehicle or trailer at that time or the person recorded at that time on a register of vehicles or trailers maintained under a corresponding law as the person responsible for the vehicle or trailer;
(b)if the Transport Secretary under the regulations under the Road Safety Act 1986, or a corresponding body under a corresponding law, has received notice of transfer of registration of the vehicle or trailer, the person whose name is disclosed in the records kept by the Transport Secretary or the corresponding body (as the case requires) as being responsible for the vehicle or trailer at that time;
(c)if the vehicle or trailer is not registered under the Road Safety Act 1986 or a corresponding law, the person whose name is disclosed in the records kept by the Transport Secretary or the corresponding body as being responsible for the vehicle or trailer at that time;
(d)if the vehicle or trailer displays a number plate—
(i)the person who, at the time at which the registration number borne by that number plate was last assigned by the Transport Secretary or a corresponding body, was the registered operator of, or (if assigned by a corresponding body) the person recorded on a register of vehicles or trailers maintained under the corresponding law as the person responsible for, the vehicle or trailer to which that registration number was assigned, whether or not that vehicle or trailer is the same as the vehicle or trailer involved in the offence; or
(ii)the person whose name is disclosed in the records kept by the Transport Secretary or a corresponding body as being entitled, or last entitled, at that time to use or possess that number plate;
(e)if the vehicle or trailer displays a general identification mark by means of a special identification plate issued by the Transport Secretary under the regulations under the Road Safety Act 1986 or by a corresponding body under a corresponding law, the person to whom the mark is assigned at that time;

* * * * *

police officer has the same meaning as in the Victoria Police Act 2013;

prescribed tolling system means a tolling system prescribed for the purposes of Part 9;

Project means the project described in section 4 or any part of that project;
Project area has the meaning given by section 5;
Project construction work means work for the construction of the Project;
Project Document means a document of a class that is designated in the Agreement as a Project Document;
public authority means any body (including any trust) established by or under an Act for a public purpose, other than a Council;
public land means—
(a)Crown land; or
(b)land owned by or vested in a public authority;

rectification includes repair, replacement and reinstatement;
registered operator has the same meaning as in section 3(1) of the Road Safety Act 1986;

reserved Crown land means land reserved or deemed to be reserved for any public purpose under the Crown Land (Reserves) Act 1978;
reserved project land means land that is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project;
responsible person, in relation to a vehicle or trailer, means—
(a)the operator of the vehicle or the trailer; or
(b)the person nominated as the responsible person in relation to the vehicle or trailer in an effective known user statement or an effective sold vehicle statement;

road has the same meaning as it has in the Road Management Act 2004;
road authority has the same meaning as it has in the Road Management Act 2004;
Secretary to the Department of Environment and Primary Industries means the Department Head of the Department of Environment and Primary Industries

Secretary to the Department of Infrastructure means the body corporate established under section 35 of the Project Development and Construction Management Act 1994;

* * * * *

sold vehicle statement, in relation to the use of a vehicle or trailer, means a statement in writing made by a person—
(a)to the effect that—
(i)the person had sold or otherwise disposed of the vehicle or trailer before the relevant time or that any interest in the vehicle or trailer had otherwise ceased to be vested in the person before that time; and
(ii)the person was not at that time driving, or had not at that time possession or control of, the vehicle or trailer; and
(b)containing sufficient information to identify and locate the person to whom the vehicle or trailer was sold or disposed of, or in whom an interest in the vehicle or trailer was otherwise vested, and the date and, if relevant, the time of sale, disposal or vesting;

special circumstances has the same meaning as it has in the Infringements Act 2006;

stratum of Crown land means a stratum of land that is Crown land;
stratum of land means a part of land consisting of a space of any shape, below on or above the surface of the land, or partly below and partly above the surface of the land, all the dimensions of which are limited;
surplus land means land determined under section 121 to be surplus land;
toll means a toll fixed under section 195;
toll administration fee means a toll administration fee fixed under section 195;
toll zone means a toll zone specified under section 195;
tolling nomination statement means a tolling nomination statement made by an authorised person under Part 6AA of the Road Safety Act 1986;

tollway billing arrangement means an agreement or arrangement between a person and a tollway operator (or an agent of a tollway operator) relating to the payment of tolls for the use of a vehicle in a tollway;
tollway operator means a person, other than the Freeway Corporation, who—
(a)operates a tollway under a law of this State, or another State or of a Territory, or under an agreement between that person and the State or another State or Territory; and
(b)is empowered or entitled, under that law or agreement, to levy or impose a toll or charge for the use of the tollway;

traffic control centre means an area of land declared under section 8 to be the traffic control centre;
trailer has the same meaning as it has in the Road Safety Act 1986;

Transport Secretary means the Secretary to the Department of Transport and Planning;

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;
trip means the driving of a vehicle on EastLink—
(a)in a single direction; and
(b)through one or more toll zones (without repeating a toll zone); and
(c)within the space of a single hour; and
(d)whether or not that driving is interrupted by exit from EastLink; and
(e)that, if the driving is interrupted by exit from EastLink, involves re-entering at a point that is forwards of the point of exit;

unnotified Utility infrastructure means Utility infrastructure—
(a)that has not been identified under section 159; or
(b)that has not been notified under section 161;

Utility means—
(a)a utility within the meaning of the Road Management Act 2004; or
(b)a provider of public transport within the meaning of the Road Management Act 2004; or
(c)the Head, Transport for Victoria; or
(d)a rail transport operator within the meaning of the Rail Safety National Law (Victoria);

* * * * *

Utility agreement means an agreement entered into under section 154 and, if that agreement is amended under section 158, that agreement as so amended;
Utility infrastructure means any part of the supply, distribution or reticulation network operated or managed by a Utility, including—
(a)poles, pipes, cables, wires, conduits and tunnels; and
(b)rail infrastructure and tram infrastructure (both within the meaning of the Rail Management Act 1996);

Utility Minister in relation to a Utility, means the Minister for the time being administering any Act—
(a)under which a Utility is authorised to provide an infrastructure service; or
(b)that regulates the provision by the Utility of an infrastructure service;

variation means an amendment of the Agreement made under section 17(2);
variation statement means a statement setting out the terms of a variation;
vehicle has the same meaning as motor vehicle has in the Road Safety Act 1986;

* * * * *

works has the same meaning as it has in the Road Management Act 2004.

(2)In this Act, the expressions just terms, native title, native title holder, native title rights and interests, registered native title body corporate and registered native title claimant have the same respective meanings as they have in the Native Title Act 1993 of the Commonwealth.
(3)The Premier may determine a Minister as the Utility Minister for a Utility and if a determination is made that Minister is deemed to be the Utility Minister for that Utility for the purposes of this Act.
(4)For the purposes of this Act, the period of a trip commences—
(a)in the case of the first driving of a vehicle on EastLink in a particular direction, when that vehicle is first detected by the prescribed tolling system as travelling in that direction; and
(b)in the case of any other driving on EastLink, when that vehicle is first detected by the prescribed tolling system as travelling in a particular direction after the last trip in that direction.

3ATransport Integration Act 2010
This Act is transport legislation within the meaning of the Transport Integration Act 2010.

4The Project
In this Act, a reference to the Project is a reference to the project for—
(a)an integrated transport corridor connecting the Eastern Freeway to the Frankston Freeway including tunnels under the Mullum Mullum Creek; and
(b)a link with the Ringwood By-Pass; and
(c)the construction of the Dandenong Southern By-Pass.

4AFunctions and powers of the Head, Transport for Victoria

(1)For the purposes of this Act, the Head, Transport for Victoria has the following functions—
(a)on behalf of the State, to administer and manage agreements and arrangements between the State and any other person for, or relating to, the development or delivery of the Project;
(b)to make recommendations regarding those agreements and arrangements to the Minister;
(c)to facilitate and coordinate consultations with statutory authorities and agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the Project;
(d)to negotiate and enter into arrangements with statutory authorities and agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the Project;
(e)to make recommendations to the Minister in relation to facilitating the Project and coordinating with statutory authorities, agencies of the State and other bodies or persons involved in, or affected by, the development or operation of the Project;

(f)to ensure that agreements and arrangements between the State and any other person for, or relating to, the development or delivery of the Project are performed in accordance with their terms;
(g)to manage the responsibilities of the State in relation to the operation of the Project;
(h)to make recommendations to the Minister on public safety issues relating to the Project;
(i)to manage, on behalf of the State, regulatory issues arising from the operation of the Project.

(2)The Head, Transport for Victoria must comply with any directions given by the Minister, including any direction relating to the provision of information or reports concerning the exercise of its powers and the performance of its functions.
5Project area
(1)Subject to subsections (2) and (3), for the purposes of this Act, the Project area means the areas of land shown as the Project area on the plans numbered LEGL./04–047 to LEGL./04–106 and lodged in the Central Plan Office or, if any of those areas of land is varied in accordance with this Part, those areas as so varied.
(2)For the purposes of this Act the plans referred to in subsection (1) must be read as one plan in the manner shown in plan numbered LEGL./04–046 and lodged in the Central Plan Office.
(3)If consolidated plans of the Project area have been approved under section 7A, then for the purposes of this Act, the Project area means the areas of land shown as the Project area on the current approved consolidated plans or, if any of those areas of land is varied in accordance with this Part, those areas as so varied.
6Extended Project area
(1)Subject to subsections (2) and (3), for the purposes of this Act, the Extended Project area means the areas of land shown as the Extended Project Area on the plans numbered LEGL./04–047 to LEGL./04–106 and lodged in the Central Plan Office or, if any of those areas of land is varied in accordance with this Part, those areas as so varied.
Note
The Extended Project area includes the Project area.
(2)For the purposes of this Act the plans referred to in subsection (1) must be read as one plan in the manner shown in plan numbered LEGL./04–046 and lodged in the Central Plan Office.
(3)If consolidated plans of the Extended Project area have been approved under section 7A, then for the purposes of this Act, the Extended Project area means the areas of land shown as the Extended Project area on the current approved consolidated plans or, if any of those areas of land is varied in accordance with this Part, those areas as so varied.
7Changes to Project area and Extended Project area
(1)The Governor in Council may, by Order published in the Government Gazette, vary the Project area by doing either or both of the following—
(a)increasing the Project area by adding land in the vicinity of the Project area; or
(b)decreasing the Project area.

(2)The Governor in Council may, by Order published in the Government Gazette, vary the Extended Project area by doing either or both of the following—
(a)increasing the Extended Project area by adding land in the vicinity of the Extended Project area; or
(b)decreasing the Extended Project area.

(3)An Order under this section takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that later day.
(4)An Order under this section must be made on the recommendation of the Minister and the Minister administering the Planning and Environment Act1987.
(5)The Ministers must not make a recommendation under subsection (4) unless they have received the appropriate plans, which have been—
(a)signed by the Surveyor-General; and
(b)lodged at the Central Plan Office.

(5A)For the purposes of subsection (5), the appropriate plans may show the Project area or Extended Project area as varied.
(6)The Minister must cause a copy of each Order under this section to be laid before each House of the Parliament within 6 sitting days of that House after the Order is made.
(7)Part 5 of the Subordinate Legislation Act 1994 applies to an Order under this section as if that Order were a statutory rule within the meaning of that Act.

7AConsolidated Plans
(1)The Governor in Council may, by Order published in the Government Gazette, approve consolidated plans of the Project area incorporating all variations to the Project area made under section 7 up to the date of the Order.
(2)The Governor in Council may, by Order published in the Government Gazette, approve consolidated plans of the Extended Project area incorporating all variations to the Extended Project area made under section 7 up to the date of the Order.
(3)An Order under this section takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the Order, on that day.
(4)An Order under this section must be made on the recommendation of the Minister.
(5)The Minister must not make a recommendation under subsection (4) unless the Minister has received the appropriate consolidated plans, which have been—
(a)signed by the Surveyor-General; and
(b)lodged at the Central Plan Office.

(6)An Order under this section approving consolidated plans for the Project area revokes and replaces any existing approved consolidated plans for the Project area.
(7)An Order under this section approving consolidated plans for the Extended Project area revokes and replaces any existing approved consolidated plans for the Extended Project area.

8Traffic control centre
(1)The Governor in Council may, by Order published in the Government Gazette, declare any area of land in the Project area to be the traffic control centre.
(2)An Order under this section must be made on the recommendation of the Minister and the Minister administering the Planning and Environment Act1987.
(3)The Ministers must not make a recommendation under subsection (2) unless they have received the appropriate plans, which have been—
(a)signed by the Surveyor-General; and
(b)lodged at the Central Plan Office.

9Application of Crown Land (Reserves) Act 1978
For the purposes of this Act, the Crown Land(Reserves) Act 1978 is deemed to have effect as if, in that Act, the terms land and Crown land had the same meanings as in this Act.
10Freeway Corporation
(1)Subject to this section, ConnectEast Pty Limited A.C.N. 101 213 263 is the Freeway Corporation.
(2)If the person who is, for the time being, the Freeway Corporation agrees to the declaration of another person as the Freeway Corporation in its place, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Freeway Corporation.

(3)If the Agreement is terminated, the Governor in Council may, by Order published in the Government Gazette—
(a)declare that the person who, immediately before the termination, was the Freeway Corporation has ceased to be the Freeway Corporation; and
(b)declare a person specified in the Order to be the Freeway Corporation.

(4)An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.
11Freeway Corporation not to be public authority
The person who is for the time being the Freeway Corporation is not a public authority within the meaning of any enactment by reason only that it is the Freeway Corporation.
12Delegation by Freeway Corporation
(1)Subject to this section, the Freeway Corporation may, by instrument, delegate to an approved corporation any of the powers and functions of the Freeway Corporation under—
(a)this Act or the regulations (except this power of delegation); or
(b)the Road Management Act 2004 or the regulations under that Act; or
(c)the Road Safety Act 1986 or the regulations under that Act.

(2)If the Freeway Corporation delegates any power or function under this section the Freeway Corporation must publish a notice of that delegation in the Government Gazette.
(3)The Minister may recommend to the Governor in Council that a particular corporation be approved for the purpose of this section, if the Minister is satisfied that it is necessary and appropriate to do so to give effect to the Agreement.
(4)The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette, approve a corporation for the purposes of this section.
(5)In this section approved corporation means—
(a)a Concessionaire within the meaning of the Agreement; or
(b)the Construction Contractor within the meaning of the Agreement; or
(c)the Operator within the meaning of the Agreement; or
(d)a corporation approved under subsection (4).

13Delegation by Minister
(1)The Minister may, by instrument, delegate any of the powers of the Minister under this Act or the Agreement to—
(a)the Authority; or

* * * * *

(c)a person employed under Part 3 of the Public Administration Act 2004; or
(d)a public authority.

(2)A delegate of a power under subsection (1) may, subject to any conditions to which the delegation is subject, sub-delegate that power to any other person or persons or body if the instrument of delegation authorises its sub-delegation.
(3)Sections 42 and 42A of the Interpretation ofLegislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation.
14Act to bind Crown
This Act binds the Crown in right of Victoria and, as far as the legislative power of the Parliament permits, the Crown in all its other capacities.

PART 2—THE AGREEMENT

Division 1—The Agreement for the Project

15Power to enter into Agreement
(1)The Minister, after consultation with the Treasurer, may enter into, for and on behalf of the State, an agreement for the Project.
(2)The agreement must be in writing.
(3)Without limiting subsection (1), the agreement may provide for the design, construction, finance, lease, operation, maintenance, repair, transfer, modification, up-grade and management of the Project.
16Power to enter into Project Documents
The Minister, after consultation with the Treasurer, may enter into, for and on behalf of the State, any Project Document.
17Amendment of Agreement
(1)All or any of the provisions of the Agreement may be amended from time to time by an Amending agreement.
(2)All or any of the provisions of the Agreement may be amended from time to time in accordance with the terms of the Agreement.
(3)A variation statement must be prepared for each amendment made under subsection (2).
(4)In this section, amended includes varied, added to, substituted, cancelled or revoked.

18Notice of Agreement, Amending agreement, or variation
(1)The Minister must cause to be published in the Government Gazette, a notice of the making of—
(a)the Agreement; or
(b)an Amending agreement; or
(c)a variation.

(2)The notice must specify the place or places at which a person may inspect (as the case requires)—
(a)the Agreement; or
(b)the Amending agreement; or
(c)the variation statement.

19Commencement of Agreement
The Agreement commences—
(a)when the notice of making of the Agreement is published in the Government Gazette under section 18; or
(b)if a later day is specified in the Agreement, on that later day.

20Commencement of Amending agreement or variation
(1)An Amending agreement commences—
(a)when the notice of making of the Amending agreement is published in the Government Gazette under section 18; or
(b)if a later day is specified in the Amending agreement, on that later day.

(2)A variation commences—
(a)when the notice of making of the variation is published in the Government Gazette under section 18; or
(b)if a later day is specified in the variation statement, on that later day.

21Tabling in Parliament
(1)The Minister must cause a copy of the Agreement to be laid before each House of the Parliament within 6 sitting days of that House following the making of the Agreement.
(2)The Minister must cause a copy of each Amending agreement to be laid before each House of the Parliament within 6 sitting days of that House following the making of the Amending agreement.
(3)The Minister must cause a copy of each variation statement to be laid before each House of the Parliament within 6 sitting days of that House following the making of the variation.
22Revocation
(1)The Agreement may be revoked wholly or in part by resolution of each House of the Parliament passed within 6 sitting days of that House after a copy of the Agreement is laid before that House.
(2)An Amending agreement may be revoked wholly or in part by resolution of each House of the Parliament passed within 6 sitting days of that House after a copy of the Amending agreement is laid before that House.
(3)A variation may be revoked wholly or in part by resolution of each House of the Parliament passed within 6 sitting days of that House after a copy of the variation statement is laid before that House.
(4)If the Agreement is not laid before a House of the Parliament within the period required by section 21(1), the Agreement is deemed to be revoked on the day immediately following the end of that period.
(5)If an Amending agreement is not laid before a House of the Parliament within the period required by section 21(2), the Amending agreement is deemed to be revoked on the day immediately following the end of that period.
(6)If a variation statement is not laid before a House of the Parliament within the period required by section 21(3), the variation is deemed to be revoked on the day immediately following the end of that period.
(7)The Minister must cause to be published in the Government Gazette a notice of the revocation of the Agreement, Amending agreement or variation or part of the Agreement, Amending agreement or variation.
23Effect of revocation of Amending agreement or variation
If an Amending agreement or variation or part of an Amending agreement or variation is revoked under section 22—
(a)a provision of the Agreement that had been cancelled or revoked by the Amending agreement or variation, or by the part of the Amending agreement or variation that is revoked, is revived as from the beginning of the day on which the Amending agreement or variation or part, was revoked; and

(b)a provision of the Agreement that had been amended (otherwise than by cancellation or revocation) by the Amending agreement or variation, or by the part of the Amending agreement or variation that is revoked, takes effect without that amendment as from the beginning of the day on which the Amending agreement or variation, or part, was revoked as if the amendment had not been made.

Division 2—Giving effect to the Agreement

24Act to prevail over Agreement
If a provision of the Agreement is inconsistent with a provision of this Act, the provision of this Act prevails.
25Duty of Government to give effect to Agreement
Subject to the laws of Victoria, the Government, its Ministers and its public authorities will do all things necessary and practicable—
(a)to ensure that the State and all its public authorities facilitate, on behalf of the State, the implementation of the Agreement; and
(b)to enable the State to discharge its obligations under the Agreement.

26Appropriation
Any amount that the State is required to pay under or arising out of the Agreement or a Project Document is payable from the Consolidated Fund which is, to the necessary extent, appropriated accordingly.

27Specific performance
For the avoidance of doubt, it is declared that section 23(1) of the Crown Proceedings Act 1958 authorises the granting and enforcement of a decree of specific performance against the Crown in respect of the obligations of the State under the Agreement or a Project Document.
28Enforcement of Agreement
(1)The Agreement may be enforced only by or on behalf of the State or another party to the Agreement or a successor or assign of another party to the Agreement.
(2)Neither the State nor a public authority is liable for the acts or omissions of—
(a)any other party to the Agreement; or
(b)a licensee in relation to the Project; or
(c)a lessee in relation to the Project.

29No warranty given
(1)Except as expressly provided in this Act or the Agreement, the State or a public authority must not be taken to have given—
(a)any express or implied warranty to any person as to the accuracy of any information provided to the Freeway Corporation in connection with the Agreement; or
(b)any express or implied representation to any person in relation to any matter disclosed in any tender document or negotiation relating to the Agreement.

(2)Subsection (1) does not apply to a warranty or representation given under an Act if the Act expressly provides for a warranty or representation of that kind to be relied on by any person.
30Agreement to be State contract
(1)The Agreement is deemed to be a State contract for the purposes of the Privacy and Data Protection Act 2014.

(2)Services performed under the Agreement are services in connection with the performance of the State's functions.
(3)Despite subsection (1), the Privacy and Data Protection Act 2014 does not apply in relation to acts done or practices engaged in by the Freeway Corporation under the Agreement to the extent that the Freeway Corporation is bound by an approved privacy code within the meaning of the Privacy Act 1988 of the Commonwealth in relation to those acts and practices.
31Agreement may require performance bond or other security
(1)The Agreement may require the Freeway Corporation to provide or enter into a bond or other arrangement for payment to secure performance of the Agreement.
(2)The State may recover any money payable under a bond or arrangement referred to in subsection (1) even if the requirement in the Agreement for the provision of the bond or arrangement or the payment of any amount under the bond or arrangement is a penalty.

31APayments for performance
The Freeway Corporation must comply with a requirement under the Agreement that the Freeway Corporation pay an amount to the State or another person, or credit the State or another person with an amount, in relation to the performance of the Freeway Corporation under the Agreement even if the requirement is a penalty.
32Agreement may empower State to call for transfer of property
(1)The Agreement may provide that the State may call for the sale, transfer or assignment to itself, or to another person, of any real or personal property in which the Freeway Corporation has an interest (a property transfer provision).
(2)A property transfer provision is not invalid and the State is not prevented from exercising a power conferred by the provision by reason only of a law or a rule of law under which the provision, or the exercise of the power, would, but for this subsection, have been invalid because of any mortgage, charge or other security held by the State over or in respect of the property of the Freeway Corporation.
(3)The State may exercise any power under a property transfer provision even if the provision is a penalty.
33Security for payments to State under Agreement
(1)This section applies to a mortgage, charge or other security given by a person that includes a provision that secures, or purports to secure, payment to the State of an amount that is, or may become due or payable to the State by the person under, or in connection with, the Agreement (a security provision).
(2)A security provision is not invalid by reason only of a law or rule of law under which the provision would, but for this subsection, have been invalid or unenforceable because the property secured under the mortgage, charge or other security includes an amount that is, or may become, due and payable by the State.

PART 3—ACQUISITION OF PROJECT LAND

Division 1—Acquisition of land in the Project area

34Powers of acquisition
(1)The Authority may acquire an interest in land in the Project area by agreement or by a compulsory process for the purposes of the Project or any purpose connected with the Project.
(2)This section does not apply to the compulsory acquisition of native title rights and interests.
35Application of Land Acquisition and Compensation Act 1986
Subject to this Division, the Land Acquisition andCompensation Act 1986 applies to this Act and for that purpose—
(a)the EastLink Project Act 2004 is the special Act; and

(b)the Head, Transport for Victoria is the Authority.

36Acquired land to be Crown land
Subject to section 39, any interest in land acquired by the Authority under section 34 vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that Act.

37Acquired land deemed to be reserved
(1)If the Authority acquires the fee simple in land under section 34, the land—
(a)is deemed to be unalienated land of the Crown; and
(b)is deemed to be temporarily reserved under section 4(1) of the CrownLand (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project.

(2)The reservation of land under subsection (1) may be amended, revoked and otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978.
38Acquisition of easement—easement in gross
If the Authority acquires any right in the nature of an easement or purporting to be an easement under section 34, that right must be taken to be an easement even though there is no land vested in the Authority or the Crown that is benefited by or capable of being benefited by that right.
39Acquisition by Authority—effect on Utilities
(1)This section applies if—
(a)the Authority acquires an interest in land under section 34; and
(b)an easement of a Utility or a right in the nature of an easement of a Utility is extinguished on that acquisition.

(2)Nothing in section 24 of the Land Acquisition and Compensation Act 1986 has the effect of removing—
(a)a Utility's ownership of any Utility infrastructure; or
(b)any right (other than an interest in real property) arising under any existing agreement between Utilities in relation to Utility infrastructure; or
(c)any right conferred by an enactment on a Utility in relation to Utility infrastructure.

(3)The acquisition of the interest in land is not to be regarded as placing a Utility in breach of, or as constituting a default or potential default under any obligation, undertaking, warranty or covenant in any agreement, arrangement or understanding between the Utility and a third party, including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment, transfer or disposal of any land or interest in land.
40Acquisition of lease or licence
(1)If any interest in land to be acquired under section 34 is held by a licensee or lessee of the Crown, the Authority must notify the Secretary to the Department of Environment and Primary Industries of the intention to acquire the interest.

(2)The notice must include a description of the interest to be acquired.
41Modification of Land Acquisition and Compensation Act 1986—general
(1)Section 3(3) of the Land Acquisition and Compensation Act 1986 does not apply to the extent that this Division is inconsistent with that Act.
(2)The Project area is deemed to have been reserved under a planning instrument for a public purpose for the purposes of section 5 of the Land Acquisition and Compensation Act 1986.
(3)Section 8(1) of the Land Acquisition and Compensation Act 1986 applies to an acquisition under section 34 as if for paragraph (e) there were substituted—
"(e)state that the land is within the Project area under the EastLink Project Act 2004;".

(4)Section 43 of the Land Acquisition and Compensation Act 1986 applies to an acquisition under section 34 as if after section 43(1)(b) there were inserted—
"(ba)Any special suitability or adaptability of the land in which the acquired interest subsists for a purpose for which it could be used under the EastLink Project Act 2004 for the purposes of the Project within the meaning of that Act.".

(5)Section 109 of the Land Acquisition and Compensation Act 1986 does not apply to an interest in land acquired under section 34.
42Modification of Land Acquisition and Compensation Act 1986—temporary occupation
Section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered the Authority and any person authorised by the Authority under that section to enter any land and section 75(6) did not apply.
43Modification of Land Acquisition and Compensation Act 1986—regulations
The regulations in force from time to time under the Land Acquisition and Compensation Act 1986 and the forms prescribed under those regulations apply in relation to the operation of this Division with such modifications as are necessary to give effect to this Division.

44Transfer of building or structure as compensation
(1)With the agreement of the person entitled to compensation under this Division for the acquisition of an interest in land, the Authority may transfer a building or structure from reserved project land or surplus land or from land owned by the Authority or by that person to other land owned by that person in full or in part settlement of any compensation that the Authority is liable to pay.
(2)With the agreement of the person entitled to compensation under this Division for the acquisition of an interest in land, the Authority may ask—
* * * * *

(b)the Secretary to the Department of Infrastructure to transfer a building or structure from land owned by it to land owned by that person—

in full or in part settlement of any compensation that the Authority is liable to pay.
(3)The Secretary to the Department of Infrastructure may comply with a request under this section despite anything to the contrary in any other Act.

45Adjoining land may be provided as compensation
(1)If the Authority acquires compulsorily under this Division part of a parcel of land owned by a person, the Authority may require that person to take land—
(a)that adjoins the part of that parcel that was not acquired; and
(b)that is owned by the Authority or is surplus land.

(2)The value of that adjoining land must be deducted from any amount to be paid by way of compensation to the owner of the land acquired compulsorily by the Authority.
(3)If the Authority and the owner cannot agree as to the value of the adjoining land, the value must be settled in the same manner and at the same time as the compensation to be paid to that owner.
46Cultural and Recreational Lands Act 1963
Section 3 of the Cultural and Recreational Lands Act 1963 does not apply to the compulsory acquisition of land under this Division.

Division 2—Acquisition of native title rights and interests

47Compulsory acquisition of native title rights and interests
(1)The Authority may acquire a native title right or interest in land in the Extended Project area by a compulsory process for the purposes of the Project or any purpose connected with the Project.
(2)Subject to this Division, the Land Acquisition and Compensation Act 1986 applies to a compulsory acquisition referred to in subsection (1) and for that purpose—
(a)the EastLink Project Act 2004 is the special Act; and

(b)the Head, Transport for Victoria is the Authority.

(3)Section 3(3) of the Land Acquisition and Compensation Act1986 does not apply to the extent that this Division is inconsistent with that Act.
48Acquired right or interest to vest in Crown
Any right or interest in land acquired by the Authority under section 47 vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that Act.
49Procedure for acquisition
(1)For the purposes of the compulsory acquisition of native title rights and interests in land, the Authority is authorised to comply with any relevant procedure under the Native Title Act for a valid acquisition of those rights and interests.
(2)If the procedure under section 24MD(6B) of the Native Title Act applies and an objection is not made under paragraph (d) of that subsection within 2 months after notice is given under that subsection, the Authority may compulsorily acquire the native title rights and interests.

(3)For the purposes of the application of the procedure under section 24MD(6B) of the Native Title Act in relation to the compulsory acquisition, the Tribunal is the independent body for hearing an objection under section 24MD(6B)(f) and sections 50 and 51 apply.
(4)If an objection is made under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition of native title rights and interests, the Authority may compulsorily acquire the native title rights and interests in the land if—
(a)all those objections have been withdrawn; or
(b)within 5 months after notification under section 24MD(6B) of the Native Title Act of a proposed compulsory acquisition a request has not been made for the objection to be referred to the Tribunal.

(5)If an objection made under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition is referred to the Tribunal and a determination is made that the proposed compulsory acquisition proceed, the Authority, in accordance with the determination and subject to this Act, may compulsorily acquire the native title rights and interests.
(6)If the Tribunal makes a determination that the proposed compulsory acquisition not proceed, or proceed subject to conditions, the Authority must comply with that determination except as permitted by subparagraphs (i), (ii) and (iii) of section 24MD(6B)(g) of the Native Title Act.

50Referral of objections to Tribunal
(1)A person or body that makes an objection under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition of native title rights and interests may request the Authority to refer the objection to the Tribunal.
(2)A request must be made within 5 months after notification under section 24MD(6B) of the Native Title Act of the proposed compulsory acquisition.
(3)If a request is made, the Authority must refer the objection to the Tribunal unless the Authority decides not to proceed with the compulsory acquisition.
(4)The Authority is a party to a proceeding in the Tribunal in respect of an objection.
51Determination of Tribunal on objection
(1)The Tribunal may make any of the following determinations in respect of an objection referred to it under section 50—
(a)a determination that the proposed compulsory acquisition that is the subject of the objection proceed; or
(b)a determination that the proposed compulsory acquisition proceed subject to conditions; or
(c)a determination that the proposed compulsory acquisition not proceed.

(2)In making a determination, the Tribunal must take into account—
(a)the likely impact of the proposed compulsory acquisition on the objector's registered native title rights and interests; and
(b)the measures proposed to be taken to minimise that impact.

(3)For the avoidance of doubt, a determination is not an order of the Tribunal for the purposes of the Victorian Civil and Administrative Tribunal Act 1998.
Note

Compare section 79 of the Native Title Act.
52Disputed claims for compensation: native title land
If the compensation payable to a person in respect of the compulsory acquisition of native title rights and interests in land to which this Division applies does not amount to compensation on just terms, the person is entitled to such additional compensation as is necessary to ensure that compensation is paid on just terms.
53Cultural and Recreational Lands Act 1963
Section 3 of the Cultural and Recreational Lands Act 1963 does not apply to the compulsory acquisition of a right or interest under this Division.

Division 3—Acquisition of land outside the Project area

54Power of Authority to purchase land
(1)The Authority may purchase land for the purposes of the Project in any area outside the Project area.
(2)The Authority may purchase land in any area outside the Project area for the purpose of preservation, restoration or provision of native habitat.

(3)The Authority may purchase the whole of a parcel of land even if only part of the land is required for the purposes of the Project or for the purposes of subsection (2).
(4)If the Authority acquires part of a parcel of land under section 34, it may purchase the rest of the parcel of land under this Division even if the rest of the parcel is not required for the purposes of the Project or for the purposes of subsection (2).
(5)If an Order has been published under section 55 requiring a public authority to surrender land to the Crown or divesting land from a public authority and at the time the public authority acquired the land it did not acquire the whole of the parcel of which the land formed part, the Authority may purchase the rest of the parcel of land under this Division even if the rest of the parcel is not required for the purposes of the Project or for the purposes of subsection (2).

PART 4—PROVISION OF PUBLIC LAND AND COUNCIL LAND

Division 1—Surrender or divesting of public land and Council land

55Surrender or divesting of land of public authorities and Councils
(1)The Governor in Council may, by Order published in the Government Gazette—
(a)require a public authority or Council in which land in the Project area is vested to surrender that land to the Crown; or
(b)divest land in the Project area from a public authority or Council.

(2)Subsection (1) applies whether or not that land was vested in the public authority or Council by or under an Act or by any other means.
(3)Subsection (1) does not apply to land that is reserved under the Crown Land (Reserves) Act 1978.
(4)A public authority or Council must comply with a requirement under subsection (1)(a).
(5)A power may only be exercised under subsection (1) on the joint recommendation of the Minister and—
(a)in the case of a public authority, the Minister administering the Act under which the public authority is established; or
(b)in the case of a Council, the Minister administering the Local Government Act 2020.

56Surrender of interests in unreserved Crown land
(1)The Minister may recommend to the Governor in Council that the interests (if any) of a public authority or a Council in any Crown land that is a part of the Project area be surrendered to the Crown on—
(a)receiving a plan of land signed by the Surveyor-General; and
(b)being satisfied that the land shown on the plan represents land, the interests in which are to be surrendered to the Crown.

(2)Subsection (1) does not apply to land that is reserved under the Crown Land (Reserves) Act 1978.
(3)On receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, declare that the interests (if any) in the land shown on the plan are surrendered to the Crown.
57Effect of surrender or divesting
(1)This section applies to land on—
(a)the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of the land that a public authority or Council is required to surrender under section 55(1)(a); or
(b)the publication in the Government Gazette of an Order under section 55(1)(b) in respect of the land; or
(c)the publication in the Government Gazette of an Order under section 56 in respect of the land.

(2)The land is deemed to be unalienated land of the Crown and is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.
(3)Unless the relevant Order under section 55 or 56 expressly excludes the operation of this subsection, if any part of the land is or is being used as a road—
(a)that part of the land ceases to be a road; and
(b)all rights, easements and privileges existing or claimed in that part of 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.

(4)Unless the relevant Order under section 55 or 56 expressly excludes the operation of this subsection, if any part of the land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of 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.
(5)The land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project.
(6)This section has effect despite anything to the contrary in section 175A of the Water Industry Act 1994, section 10 or clause 1 of Schedule 5 to the Road Management Act 2004 or any other Act.

58Temporary reservation may be amended or revoked
The reservation of land under section 57(5) may be amended, revoked and otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978.

Division 2—Removal of reservations on land

59Land Acts not to apply
This Division has effect despite anything to the contrary in the Crown Land (Reserves) Act 1978 or the Land Act 1958.
60Revocation of reservation of Schedule 1 land
(1)The Order in Council specified in item 1 in Schedule 1 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./04–044 and lodged in the Central Plan Office.
(2)The reservation of land specified in item 2 in Schedule 1 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./04–045 and lodged in the Central Plan Office.
61Revocation of reservations—entire reservation
(1)If any Crown land permanently or temporarily reserved under the Crown Land (Reserves) Act 1978 is entirely within the Project area, the Minister may recommend to the Governor in Council that the reservation of that land be revoked in its entirety.
(2)On receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the following—

(a)any Order in Council reserving the land;
(b)any Crown grant, certificate of title or folio of the Register issued or created with respect to the land.

62Revocation of reservations—part of reservation
(1)If any Crown land permanently or temporarily reserved under the Crown Land (Reserves) Act 1978 is within the Project area, and if only part of the reservation of that land is to be revoked, the Minister on—
(a)receiving a plan of land signed by the Surveyor-General; and
(b)being satisfied that the land shown on the plan represents that part of the reservation to be revoked—

may recommend to the Governor in Council that that part of the reservation be revoked.
(2)On receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the following—
(a)any Order in Council reserving the land;
(b)any Crown grant, certificate of title or folio of the Register issued or created with respect to the land—

to the extent that the Order in Council, Crown grant, certificate of title or folio relates to the land shown on the plan.
63Effect of revocation of reservation
(1)This section applies to—
(a)land referred to in section 60(1) or 60(2), on the commencement of that subsection;
(b)land referred to in an Order under section 61, on the publication of that Order in the Government Gazette;
(c)land shown on a plan to which an Order under section 62 applies, on the publication of that Order in the Government Gazette.

(2)The land is deemed to be unalienated land of the Crown and is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.
(3)Unless the relevant Order under section 61 or 62 expressly excludes the operation of this subsection, if any part of the land is or is being used as a road—
(a)that part of the land ceases to be a road; and
(b)all rights, easements and privileges existing or claimed in that part of 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.

(4)Unless the relevant Order under section 61 or 62 expressly excludes the operation of this subsection, if any part of the land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of 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.
(5)The appointment of any committee of management is revoked in so far as it applies to the land.
(6)Any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land.
(7)The land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project.
(8)This section has effect despite anything to the contrary in section 175A of the Water Industry Act 1994, section 10 of the Road Management Act 2004 or any other Act.
64Temporary reservation may be amended or revoked
The reservation of land under section 63(7) may be amended, revoked and otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978.
65Minister to be notified of reservation
The Authority must notify the Minister administering the Crown Land (Reserves) Act 1978 of the reservation of any land under this Division.

Division 3—Declaration of roads

66Orders may continue or declare roads
(1)An Order made under Division 1 or Division 2 may specify that any part of the land (that is the subject of the Order) that was a freeway, an arterial road, a non-arterial State road or a municipal road before the publication of the Order continues to be a freeway, an arterial road, a non-arterial State road or a municipal road.

(a)sections 204, 207A, 207B, 207C, 207D and 207E; and
(b)Schedule 10; and
(c)Schedule 11.

(2)A Council must not exercise any of its powers under Division 2 of Part 9 of the Local Government Act 1989 inconsistently with the functions and powers of the Freeway Corporation under the Road Management Act 2004 or the regulations under that Act or under the Agreement or under a licence or lease issued or granted under section 90(1) or 103 of this Act.
(3)Section 165 of the Water Act 1989 applies in relation to the Project area as if—
(a)any reference in those sections to a council were a reference to the Freeway Corporation; and
(b)any reference in those sections to a municipal district were a reference to the Project area.

230Limitation on powers to make local laws
(1)A Council must not make a local law under the Local Government Act 2020 for or with respect to—
(a)the Project area or the Extended Project area; or
(b)the carrying out of works for the purposes of the Project (including the timing of works for and standards of construction of those works); or
(c)restricting the use of any road for access to or egress from licensed land or a temporary construction site for the carrying out of works for the purposes of the Project; or
(d)requiring the retention of trees or vegetation or earthworks in relation to the Project.

(2)Without limiting sections 71(2) and (3) and 72 of the Local Government Act 2020, a local law, whether made before or after the commencement of this section, is inoperative to the extent that it makes provision for or with respect to or affecting any matter or thing referred to in subsection (1).
(3)Without limiting subsection (2), a local law is inoperative to the extent that it is inconsistent with the exercise by the Freeway Corporation of its powers or functions under this Act or any other Act or under the Agreement or a Project Document or under a licence or a lease issued or granted under this Act.
(4)Without limiting subsection (2), a local law is inoperative to the extent that it has the effect of, or is exercised in a manner directed at, preventing, hindering or disrupting the Freeway Corporation or the holder of a licence or lease issued or granted under section 90(1) or 103 in the performance of an obligation or the pursuit of a right under the Agreement, if the Governor in Council, by Order published in the Government Gazette, declares it to be inoperative.
(5)In this section temporary construction site means—
(a)any Crown land approved under section 88; or
(b)any land entered under the powers in section 74 or 75 of the Land Acquisition and Compensation Act 1986 for the purposes of the Project.

Division 3—Emergency orders

231Independent Reviewer
In this Division Independent Reviewer means a person who is for the time being appointed in accordance with the Agreement to exercise powers under this Division.

232Emergency orders
(1)The Independent Reviewer may make an emergency order if the Independent Reviewer is of the opinion that the order is necessary because of a danger to life or property arising out of the carrying out of works for the Project on licensed land.
(2)An emergency order may require any person to do any one or more of the following things within a specified time or times—
(a)to evacuate the licensed land or any part of the licensed land;
(b)to stop the carrying out of works for the Project on the licensed land or any part of the licensed land;
(c)to carry out works to make any part of the Project safe or to secure the licensed land or any part of the licensed land from access.

(3)An emergency order must be in writing and may include any conditions that the Independent Reviewer thinks fit.

233Service of emergency order
The Independent Reviewer must cause an emergency order under section 232 to be served on—
(a)the Freeway Corporation; and

(b)the Authority; and
(c)any person to whom it is directed—

without delay after it is made.

234Period of operation of emergency order
An emergency order remains in force until—
(a)it is complied with; or
(b)it is cancelled in writing by the Independent Reviewer.

235Offence to fail to comply with emergency order
(1)A person to whom an emergency order is directed under this Division must comply with the emergency order.
Penalty:60 penalty units in the case of a natural person;
300 penalty units in the case of a corporation.

(2)It is a defence to a prosecution of a person for an offence under this section if—
(a)the person took all reasonable steps to comply with the emergency order; or
(b)the person had a reasonable excuse for failing to comply with the emergency order.

236No appeal or review
(1)In this section decision means—
(a)a decision or purported decision by the Independent Reviewer to make an emergency order; or
(b)a failure by the Independent Reviewer to cancel an emergency order.

(2)No proceedings—
(a)seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration or injunction; or
(b)seeking any order under the Administrative Law Act 1978 (whether on the ground of absence of jurisdiction or any other ground)—

may be brought against the Independent Reviewer in respect of a decision or any proceedings relating to that decision or any other matter incidental to the making of that decision.

237Request for police assistance
The Independent Reviewer may request the assistance of a police officer to evacuate an area that is subject to an emergency order.

Division 4—Emergency management

238Emergency management
(1)The Freeway Corporation is deemed to be a government agency for the purposes of Part 5 of the Emergency Management Act 1986.
(2)Subsection (1) does not prevent the Freeway Corporation from receiving compensation under section 24 of the Emergency Management Act 1986 for the taking and use of the Freeway Corporation's property under that section.

239Emergency access to Project area
(1)A police officer or an officer or member of any emergency service may enter and carry out any emergency function in the Project area.

(2)In this section—
emergency service means—
(a)the Country Fire Authority established under the Country Fire Authority Act 1958 or any permanent brigade established under that Act;
(b)Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958;
(c)the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005;
(d)an ambulance service within the meaning of the Ambulance Services Act 1986.

Division 5—Powers of State to control EastLink

240Powers of State to control Project
(1)If the State exercises a power under the Agreement to assume control of the Project, the State has and may exercise all the powers of the Freeway Corporation under—
(a)this Act and the regulations; and
(b)the Road Management Act 2004 and the regulations under that Act; and
(c)the Road Safety Act 1986 and the regulations under that Act relating to traffic control devices.

(2)The State may authorise any person to exercise any power conferred on the State by this section.
(3)Despite anything to the contrary in this Act, the Road Management Act 2004 or the Road Safety Act 1986, the Freeway Corporation is not entitled to exercise any power while it is conferred on the State by this section.
(4)A power conferred on the State by this section must be exercised in accordance with the Agreement.

Division 6—Powers of Authority to investigate

241Who is a Project party?
In this Division Project party means—
(a)the Freeway Corporation; or
(b)a person who is a party to a Project Document; or
(c)a body corporate that is a related body corporate (within the meaning of the Corporations Act) of the Freeway Corporation or of a person who is a party to a Project Document.

242Authority can require information
The Authority, by notice in writing, may require a Project party to provide the Authority with information or to answer any questions put to it by the Authority for the purpose of determining compliance with—
(a)this Act or the regulations; or
(b)the Road Management Act 2004 or the regulations under that Act; or
(c)Part 7B and section 99A of the Road Safety Act 1986, any agreement under section 90N of that Act or any regulations under that Act relating to traffic control devices; or

(d)the Agreement; or
(e)a Project Document.

243Offence to fail to comply
(1)A Project party must comply with a requirement under section 242 within the time specified in the notice.
Penalty:120 penalty units.

(2)It is a defence to a prosecution of a Project party for an offence under this section if—
(a)the Project party took all reasonable steps to comply with the requirement; or
(b)the Project party had a reasonable excuse for failing to comply with the requirement.

244Authorised officers
(1)The Authority may appoint any person to be an authorised officer for the purposes of this Division.
(2)The appointment must be in writing and must specify the terms and conditions on which the person is appointed.
(3)A person must not be appointed as an authorised officer under this section unless the person has completed appropriate training or qualifications as determined by the Authority.

245Identification of authorised officers
(1)The Authority must issue an identity card to each person appointed as an authorised officer for the purposes of this Division.
(2)The identity card issued to a person must—
(a)contain a photograph of the person; and
(b)state the full name of the person; and
(c)state that the person is an authorised officer for the purposes of this Division.

(3)In any proceedings under this Act, an identity card purporting to be issued to a person by the Authority under this section is evidence of the appointment of that person as an authorised officer.

246Powers of entry and access
(1)An authorised officer appointed under section 244 may enter the offices of a Project party during ordinary business hours—
(a)to inspect any records, systems or equipment in the possession of the Project party; and
(b)to take copies of or extracts from those records—

for the purpose of determining compliance with—
(c)this Act or the regulations; or
(d)the Road Management Act 2004 or the regulations under that Act; or
(e)Part 7B and section 99A of the Road Safety Act 1986, any agreement under section 90N of that Act or any regulations under that Act relating to traffic control devices; or
(f)the Agreement; or
(g)a Project Document.

(2)Before exercising any power under this section, an authorised officer must—
(a)produce his or her identity card to the Project party or an agent or employee of the Project party; and

(b)inform the Project party or the agent or employee of the Project party that it is an offence under section 247 to prevent the authorised officer from carrying out an inspection or from taking any copy or extract under this section.

247Offence to hinder authorised officer
A Project party or an agent or employee of a Project party must not prevent an authorised officer appointed under section 244 from carrying out an inspection or from taking any copy or extract in accordance with section 246.
Penalty:120 penalty units.

Division 7—Evidentiary provisions

248Evidentiary certificates of Authority
In any proceedings under this Act, a certificate purporting to be signed by the Chief Executive Officer of the Authority, certifying—
(a)that a person was or was not appointed under section 244 at a particular time; or
(b)that a licence had or had not been issued to a particular person under this Act—

is evidence of the facts stated in the certificate.

249Evidentiary certificates of Freeway Corporation
A certificate purporting to be signed by the Freeway Corporation certifying that any land, buildings or other property in the Extended Project area that is described in the certificate is vested in, occupied by or operated on behalf of the Freeway Corporation is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.

Division 8—Service of documents

250Service of documents
If under this Act or the regulations, a notice, demand or other document is required or permitted to be served on any person, the notice, demand or other document may, unless the contrary intention appears, be served in or out of Victoria—
(a)by delivering it personally to the person; or
(b)by leaving it at the usual or last known place of residence or business of the person with a person apparently over the age of 16 years and apparently residing at that place or (in the case of a place of business) apparently in charge of or employed at that place; or
(c)by sending it by post, addressed to the person at the usual or last known place of residence or business of that person; or
(d)if the person has given an address to the enforcement agency or the Freeway Corporation that is not his or her place of residence or business, by sending it by post addressed to the person at that address.

Division 9—Proceedings for offences

251Proceedings for offences under Part 9
(1)Proceedings for an offence under Part 9 may only be brought by—
(a)a police officer; or

(b)an enforcement agency; or
(c)a person authorised by the Minister under subsection (2).

(2)The Minister may authorise a person to bring proceedings for an offence under Part 9.
(3)Despite section 7 of the Criminal Procedure Act 2009, a proceeding for an offence under section 204(1) may be commenced not more than 15 months after the commission of the alleged offence.

252Proceedings for other offences
Proceedings for any offence under this Act (other than an offence referred to in section 251), may only be brought by—
(a)a police officer; or

(b)a prescribed person.

PART 11—GENERAL

253Taxes and duties
(1)No duty is payable under the Duties Act 2000 in respect of the Agreement or any other agreement entered into by the State and contemplated under the Agreement.
(2)No land tax is payable in respect of leased land.

(3)No land tax is payable by a licensee in respect of licensed land.

254Rates and charges
(1)Leased land and licensed land are not rateable land within the meaning of section 154 of the Local Government Act 1989.
(2)Section 221 of the Local Government Act 1989 does not apply in respect of EastLink.

255Requirement on Minister to consult
A failure of the Minister to consult with any other Minister under this Act before making any decision or taking any action does not invalidate that decision or action.

256Action by Registrar of Titles
(1)On being requested to do so and on delivery of any relevant instrument or document (but without production of a duplicate Crown grant or certificate of title), the Registrar of Titles must, as soon as practicable—
(a)make any recordings in the Register that are necessary because of the operation of this Act or the Agreement; and
(b)register any lease made in accordance with the Agreement.

(2)Division 4 of Part IV of the Transfer of Land Act 1958 applies to any acquisition of land by the Authority under Division 1 of Part 3 as if the Crown were the acquiring authority rather than the Authority.

257Supreme Court—limitation of jurisdiction
It is the intention of sections 83, 193 and 236 to alter or vary section 85 of the Constitution Act 1975.

258Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)prescribing the level of infringement penalty for the purposes of Part 9;

(b)prescribing as a tolling device any system, equipment or thing (including any equipment or thing to be placed in or on a vehicle) for recording the use of a vehicle on EastLink;
(c)prescribing the manner in which the tolling devices are to be installed, set up, tested, operated, used, maintained or repaired;
(d)prescribing the manner in which information from the tolling devices is to be handled for the purposes of tolling;
(e)prescribing methods of recording the payment of tolls and toll administration fees;

(f)exempting from the payment of tolls vehicles or classes of vehicle that under the Agreement may be exempted from the payment of tolls;
(fa)the exemption by the Freeway Corporation of vehicles from the requirement to be registered under Part 9;
(fb)prescribing fees;

(fc)prescribing a period of time for the purposes of section 204(7);

(fd)prescribing an amount for the purposes of section 206B;

(fe)prescribing criteria for the purposes of section 206B(2);

(ff)prescribing the period in which records in relation to the non-payment of a toll are be destroyed;
(g)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2)The regulations—
(a)may be of general or limited application;
(b)may differ according to differences in time, place or circumstances;
(c)may confer a discretionary authority or impose a duty on a specified person or class of person;
(d)may exempt specified persons or things or classes of persons or things from complying with all or any of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.

(3)A power conferred by this Act to make regulations prescribing fees may be exercised by providing for all or any of the following matters—
(a)specific fees;
(b)maximum fees;
(c)minimum fees;
(d)the payment of fees either generally or under specified conditions or in specified circumstances;
(e)the payment of fees by a specified manner of payment.

259Saving provision concerning change of Act name
Any reference to the Mitcham-Frankston Project Act 2004 in any Act, subordinate instrument, agreement or other document as far as it relates to any period after the commencement of Part 3 of the Transport Legislation (Further Miscellaneous Amendments) Act 2005 is to be treated as a reference to the EastLink Project Act 2004, unless the contrary intention appears.

* * * * *

SCHEDULE

SCHEDULE 1—REVOCATION OF RESERVATIONS

Item 1

Situation of land	Dandenong Creek
Instrument and date of reservation	Order in Council dated 23 May 1881
Description of land by reference to the Government Gazette	Government Gazette dated 25 February 1881, page 586 (item 30) and 27 May 1881, page 1389
Purpose of reservation	Site for Public purposes
Extent of revocation	Land shown hatched on the plan numbered LEGL./04–044 and lodged in the Central Plan Office

Item 2

Situation and area of land	Parish of Dandenong, County of Bourke, 23×12 hectares
Instrument and date of reservation	Dandenong Lands Act 1961, Act No. 6797, section 3(1)(b), 28 November 1961
Purpose of reservation	Site for Public Recreation and Showgrounds
Extent of revocation	Land shown hatched on the plan numbered LEGL./04–045 and lodged in the Central Plan Office

═══════════════

ENDNOTES

1 General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 12 May 2004

Legislative Council: 27 May 2004

The long title for the Bill for this Act was "to make provision in relation to the construction and management of the Mitcham-Frankston Freeway, to amend section 85 of the Constitution Act 1975 and the Road Management Act 2004 and other Acts and for other purposes."

The Mitcham-Frankston Project Act 2004 was assented to on 8 June 2004 and came into operation as follows:

Sections 1, 2, 266, 270, 272, 273, 276 and 277 on 9 June 2004: section 2(1); section 259 on 1 July 2004: s. 2(2); sections 3–7, 9, 13, 14, Part 3 (sections 34–54), Part 4 Divisions 1 (sections 55–58), 3 (section 66), 4 (sections 67–78), 5 (sections 79–83), 6 (section 84), Part 5 Division 1 (sections 85–88), Part 6 Division 1 (sections 123–127), Part 10 Divisions 1 (sections 226–228), 8 (section 250), sections 255–257 and 261 on 1 July 2004: Special Gazette (No. 148) 25 June 2004 page 1; sections 8, 10–12, Part 2 (sections 15–33), sections 59, 61–65, Part 5 Divisions 2 (sections

89–101), 3 (sections 102–111), 4 (section 112), 5 (sections 113–118),

6 (sections 119–122), Part 6 Divisions 2 (section 128), 3 (sections 129–131), Part 7 (sections 132–147), Part 8 Divisions 1 (section 148), 3 (sections 152, 153), 4 (sections 154–158), 5 (sections 159–168), 6 (sections 169–177),

7 (sections 178–188), 8 (sections 189–192), 9 (section 193), Part 9 (sections 194–225), sections 229(1)(2), 230, Part 10 Divisions 3 (sections 231–237), 4 (sections 238, 239), 5 (section 240), 6 (sections 241–247), 7 (sections 248, 249), 9 (sections 251, 252), sections 253, 254, 258, 260, 262–265, 267–269, 271, 274, 275, 278, Schedule 1 on 24 September 2004: Special Gazette (No. 206) 22 September 2004 page 1; sections 60, 229(3) and Part 8 Division 2 (sections 149–151) on 18 November 2004: Government Gazette 4 November 2004 page 3048.

The name of this Act was changed from the Mitcham-Frankston Project Act 2004 to the EastLink Project Act 2004 by section 4(1) of the Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the EastLink Project Act 2004 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Planning and Environment (General Amendment) Act 2004, No. 81/2004

Assent Date: 16.11.04

Commencement Date: S. 50 on 23.5.05: Government Gazette 19.5.05 p. 930

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Public Administration Act 2004, No. 108/2004

Assent Date: 21.12.04

Commencement Date: S. 117(1)(Sch. 3 item 135) on 5.4.05: Government Gazette 31.3.05 p. 602

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Mitcham-Frankston Project (Amendment) Act 2005, No. 14/2005

Assent Date: 10.5.05

Commencement Date: Ss 3–32 on 11.5.05: s. 2

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Children and Young Persons (Miscellaneous Amendments) Act 2005, No. 21/2005

Assent Date: 31.5.05

Commencement Date: S. 59 on 1.7.05: s. 2(6)

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Victoria State Emergency Service Act 2005, No. 51/2005

Assent Date: 24.8.05

Commencement Date: S. 58(6) on 1.11.05: Government Gazette 20.10.05 p. 2308

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005

Assent Date: 29.11.05

Commencement Date: Ss 4, 5 on 30.11.05: s. 2(1)

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date: 13.6.06

Commencement Date: Ss 79–83 on 1.7.06: Government Gazette 29.6.06 p. 1315

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date: 15.8.06

Commencement Date: S. 42(Sch. item 12) on 23.4.07: s. 2(3)

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date: 29.8.06

Commencement Date: S. 61(Sch. item 9) on 30.8.06: s. 2(1)

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Water (Governance) Act 2006, No. 85/2006

Assent Date: 17.10.06

Commencement Date: S. 173(Sch. 1 item 6) on 1.7.07: s. 2(3)

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Road Legislation Amendment Act 2007, No. 14/2007

Assent Date: 8.5.07

Commencement Date: Ss 8, 15, 16 on 9.5.07: s. 2(1)

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Road Legislation Further Amendment Act 2007, No. 74/2007

Assent Date: 18.12.07

Commencement Date: Ss 39–61 on 24.4.08: Government Gazette 24.4.08 p. 777

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Resources Industry Legislation Amendment Act 2009, No. 6/2009

Assent Date: 3.3.09

Commencement Date: S. 50 on 1.1.10: s. 2(2)

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Transport Legislation Miscellaneous Amendments Act 2009, No. 17/2009

Assent Date: 12.5.09

Commencement Date: S. 30 on 13.5.09: s. 2(1)

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009

Assent Date: 15.12.09

Commencement Date: Ss 27, 28 on 16.12.09: s. 2(1); s. 59 on 17.12.09: Government Gazette 17.12.09 p. 3338

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009

Assent Date: 15.12.09

Commencement Date: S. 40 on 17.12.09: Government Gazette 17.12.09 p. 3339; ss 37–39 on 30.4.10: Special Gazette (No. 110) 30.3.10 p. 1

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date: 2.3.10

Commencement Date: Ss 24(5)(Sch. 1 item 5), 203(1)(Sch. 6 item 14) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Road Legislation Miscellaneous Amendments Act 2010, No. 75/2010

Assent Date: 19.10.10

Commencement Date: S. 3 on 1.11.10: Government Gazette 21.10.10 p. 2531

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Statute Law Revision Act 2011, No. 29/2011

Assent Date: 21.6.11

Commencement Date: S. 3(Sch. 1 item 32) on 22.6.11: s. 2(1)

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011

Assent Date: 15.11.11

Commencement Date: S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 4 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Rail Safety National Law Application Act 2013, No. 22/2013

Assent Date: 23.4.13

Commencement Date: S. 53 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2

Current State: This information relates only to the provision/s amending the EastLink Project Act 2004

Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013, No. 55/2013

Assent Date: 24.9.13

Commencement Date: S. 14 on 1.1.14: s. 2(3)

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Statute Law Revision Act 2013, No. 70/2013

Assent Date: 19.11.13

Commencement Date: S. 4(Sch. 2 item 14) on 1.12.13: s. 2(1)

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date: 3.6.14

Commencement Date: S. 10(Sch. item 48) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Fines Reform Act 2014, No. 47/2014 (as amended by Nos 20/2015, 59/2017)

Assent Date: 1.7.14

Commencement Date: Ss 261, 262 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1

Current State: This information relates only to the provision/s amending the EastLink Project Act 2004

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date: 2.9.14

Commencement Date: S. 140(Sch. 3 item 13) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date: 24.10.17

Commencement Date: S. 73 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1

Current State: This information relates only to the provision/s amending the EastLink Project Act 2004

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date: 27.2.18

Commencement Date: S. 68(Sch. 2 item 43) on 1.3.19: s. 2(2)

Current State: This information relates only to the provision/s amending the EastLink Project Act 2004

West Gate Tunnel (Truck Bans and Traffic Management Act 2019, No. 8/2019 (as amended by No. 49/2019)

Assent Date: 26.3.19

Commencement Date: Ss 92–105 on 19.2.20: s. 2(3)

Current State: This information relates only to the provision/s amending the EastLink Project Act 2004

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019

Assent Date: 2.7.19

Commencement Date: S. 162 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1

Current State: This information relates only to the provision/s amending the EastLink Project Act 2004

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date: 3.12.19

Commencement Date: S. 186(Sch. 4 item 15) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

Local Government Act 2020, No. 9/2020

Assent Date: 24.3.20

Commencement Date: S. 390(Sch. 1 item 28.1) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 28.2, 28.3) on 1.7.21: s. 2(4)

CurrentState: This information relates only to the provision/s amending the EastLink Project Act 2004

North East Link Act 2020, No. 18/2020

Assent Date: 10.6.20

Commencement Date: Ss 126–128 on 1.3.21: s. 2(2)

Current State: This information relates only to the provision/s amending the EastLink Project Act 2004

Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022, No. 17/2022

Assent Date: 18.5.22

Commencement Date: S. 99 on 6.9.22: Special Gazette (No. 456) 6.9.22 p. 1; ss 98, 100 on 8.3.24: s. 2(3)

Current State: This information relates only to the provision/s amending the EastLink Project Act 2004

Statute Law Revision Act 2024, No. 13/2024

Assent Date: 23.4.24

Commencement Date: S. 3(Sch. 1 item 4) on 24.4.24: s. 2

Current State: This information relates only to the provision/s amending the EastLink Project Act 2004

Roads and Road Safety Legislation Amendment Act 2024, No. 46/2024

Assent Date: 19.11.24

Commencement Date: S. 43 on 13.8.25: s. 2(3)

Current State: This information relates only to the provision/s amending the EastLink Project Act 2004

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date: 5.8.25

Commencement Date: S. 106(Sch. 1 item 13) on 6.8.25: s. 2(1)

Current State: This information relates only to the provision/s amending the EastLink Project Act 2004

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

No entries at date of publication.

Assent Date:	16.11.04
Commencement Date:	S. 50 on 23.5.05: Government Gazette 19.5.05 p. 930
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 135) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	10.5.05
Commencement Date:	Ss 3–32 on 11.5.05: s. 2
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	31.5.05
Commencement Date:	S. 59 on 1.7.05: s. 2(6)
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	24.8.05
Commencement Date:	S. 58(6) on 1.11.05: Government Gazette 20.10.05 p. 2308
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	29.11.05
Commencement Date:	Ss 4, 5 on 30.11.05: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	13.6.06
Commencement Date:	Ss 79–83 on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	15.8.06
Commencement Date:	S. 42(Sch. item 12) on 23.4.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 9) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	17.10.06
Commencement Date:	S. 173(Sch. 1 item 6) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	8.5.07
Commencement Date:	Ss 8, 15, 16 on 9.5.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	18.12.07
Commencement Date:	Ss 39–61 on 24.4.08: Government Gazette 24.4.08 p. 777
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	3.3.09
Commencement Date:	S. 50 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	12.5.09
Commencement Date:	S. 30 on 13.5.09: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	15.12.09
Commencement Date:	Ss 27, 28 on 16.12.09: s. 2(1); s. 59 on 17.12.09: Government Gazette 17.12.09 p. 3338
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	2.3.10
Commencement Date:	Ss 24(5)(Sch. 1 item 5), 203(1)(Sch. 6 item 14) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	19.10.10
Commencement Date:	S. 3 on 1.11.10: Government Gazette 21.10.10 p. 2531
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 32) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	15.11.11
Commencement Date:	S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 4 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	23.4.13
Commencement Date:	S. 53 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2
Current State:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	24.9.13
Commencement Date:	S. 14 on 1.1.14: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 14) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 48) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	1.7.14
Commencement Date:	Ss 261, 262 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1
Current State:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 13) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	24.10.17
Commencement Date:	S. 73 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1
Current State:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 43) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	26.3.19
Commencement Date:	Ss 92–105 on 19.2.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	2.7.19
Commencement Date:	S. 162 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1
Current State:	This information relates only to the provision/s amending the EastLink Project Act 2004

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 15) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the EastLink Project Act 2004