Major Transport Projects Facilitation Act 2009 (Vic)

Version No. 041

Major Transport Projects Facilitation Act 2009

No. 56 of 2009

Version incorporating amendments as at

1 July 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

3ATransport Integration Act 2010

4Meaning of application fee

4AAMeaning of non-transport infrastructure

4AReferences to reserved Crown land

5Objects

6Project Minister may appoint entity to be the project authority for an approved project

7Designation of project contractor

8Application of Crown Land (Reserves) Act 1978

9Act to bind the Crown

Part 2—Major transport project declarations

10Declaration of a transport project

12Assessment of transport project before declaration

13Project declaration guidelines

14Appointment of Project Minister and project proponent

15ADelegation by Project Minister

15ABPremier may add scope to development of declared project

15BPlanning Minister may declare associated works

Part 3—Assessment and approval of major transport projects

Division 1—Guidelines for this Part

16Project proposal guidelines

17Impact assessment guidelines

18Publication fee guidelines

Division 2—Project proposals

19Preparation of project proposal

Division 3—Determination of appropriate impact assessment process

20Planning Minister must make determination as to appropriate impact assessment

21Effect of determination

Division 4—Impact management plans

Subdivision 1—Scoping directions

22Specification of matters to be considered and addressed in impact management plan

23Planning Minister may request further information in exceptional circumstances

24Determining 25 business day period for the preparation of scoping directions

Subdivision 2—Preparation of impact management plan

25Project proponent must consult with specified persons as directed by Planning Minister

26Project proponent must comply with this Division

27Content of impact management plans

28Impact assessment guidelines must be had regard to when preparing impact management plan

29Completed impact management plan to be given to Planning Minister

Division 5—Comprehensive impact statements

Subdivision 1—Scoping directions

30Specification of matters to be considered and addressed in comprehensive impact statements

31Planning Minister may request further information or public comment and submissions in exceptional circumstances

32Determining the 25 business day period for scoping directions after notice for further information

33Extension of period of time for preparation of scoping directions because of public consultation

34Amendment of scoping directions by Planning Minister

34AAmendment of scoping directions on application by project proponent

Subdivision 2—Assessment committees

35Establishment of assessment committee

36Content of terms of reference for assessment committee

37Publication of assessment committee terms of reference

Subdivision 3—Preparation of comprehensive impact statements

38Project proponent must comply with this Division

39Content of comprehensive impact statements

40Impact assessment guidelines must be had regard to when preparing comprehensive impact statement

41Submission of comprehensive impact statement to Secretary

42Consideration of comprehensive impact statement by Secretary

42AAppointment of person where Secretary is project proponent

43Revisions to draft comprehensive impact statements

Subdivision 4—Public exhibition of comprehensive impact statements

44Application

45Time period for public exhibition

46Public exhibition of comprehensive impact statement

47Notification of public exhibition of comprehensive impact statement

48Content of public notice of comprehensive impact statement

49Public availability of comprehensive impact statement

50Notification of applicable law decision makers of public exhibition of comprehensive impact statement

51Comprehensive impact statements to be given to agencies and applicable law decision makers

51ADevelopment licences

52Public submissions on comprehensive impact statements

53Assessment committee must disclose properly made submissions unless they are confidential

54Review of submissions by assessment committee

55Public submissions on comprehensive impact statements to be given to project proponent

56Consultation with persons who have made submissions to clarify matters in submissions

57Preliminary hearings

58Notification of preliminary hearings

59Comprehensive impact statement issues report or statement

Subdivision 5—Refinement of comprehensive impact statements and options for declared project

61Project proponent must review comprehensive impact statement

62Publication and submission of revised comprehensive impact statement

63Assessment committee to be notified of publication

Subdivision 6—Other requirements before formal public hearings

64EPA to advise Planning Minister regarding development licences

65Advice of applicable law decision makers in relation to application of applicable law criteria

Subdivision 7—Formal public hearings

66Notification of formal public hearing to be conducted

67Direction to project proponent to publish formal public hearing time and place on Internet

68Conduct of formal public hearing by assessment committee

Subdivision 8—Supplementary comprehensive impact statement assessments

69Consideration of further assessments arising out of a formal public hearing or submissions

70Assessment committee may request further information from project proponent

71Planning Minister may direct project proponent to undertake a supplementary assessment

72Supplementary assessments of further options

Subdivision 9—Assessment committee recommendations in relation to comprehensive impact statements

73Assessment committee recommendations

74Specific applicable approval—Environment protection development licences

Division 6—Interaction with the Aboriginal Heritage Act 2006

75Giving and notification of cultural heritage management plans

Division 7—Approval decisions

Subdivision 1—Application

76Application of Division

Subdivision 2—General provisions relating to approval decisions

77Approval decisions

78Approval decisions for planning scheme amendments

79Consultation required in impact management plan cases

80Contents of approval decisions

81Time within which approval decision must be made

82Giving and publication of approval decision

83Publication of assessment committee recommendation

84Effect of approval decision granting the applicable approvals for a declared project

Subdivision 3—Planning scheme amendments

85Modification of application of the Planning and Environment Act 1987

86Amendments to provisions of planning schemes must not require planning permit for works

Subdivision 4—Other applicable law exclusions and modifications

87Modification of the application of the Flora and Fauna Guarantee Act 1988

88Modification of the application of the Heritage Act 2017

Division 8—Approval decision variations

89Applications for variations

90Planning Minister to make determination on application

91Application of Part to variation sought by project authority

92Development of approved project may continue in some cases while a variation sought

Division 9—Other matters

93Correction of mistakes

94Reports to the Premier in relation to compliance with time limits under this Part

Part 4—The project area

95Designation of project area

96Variations to project area

97Consolidated plans for project area

98Planning scheme amendment powers of Planning Minister in relation to variations to project area

98APlans to be published on the Internet

Part 5—A project authority's functions and powers

Division 2—Functions and powers of a project authority

101A project authority's functions

102A project authority's powers

102AProject authority to be referral authority

103Delegation—to staff and members

104Delegation—when the Secretary is the project authority

105Delegation—to the project contractor

106Sub-delegations by project contractor

107Application of Interpretation of Legislation Act 1984 to sub‑delegations by project contractor

108Project contractor to notify project authority before performing a road function

109Project authority subject to Project Minister direction or control

Division 3—End of declared project

110Notification of completion of approved project

111Effect of notification of completion of an approved project

Part 6—Project delivery

Division 1AA—Dealing in land before designation of project area and with specified entities

111ADefinition

111BPowers of project authority and project proponent to deal in land before designation of project area

111CPowers of project authority to deal in land with specified entities after designation of project area

111DLand Acquisition and Compensation Act 1986 does not apply

Division 1—Acquisition of land in the project area

112Powers of acquisition

113Application of Land Acquisition and Compensation Act 1986

113ANotice of acquisition

114Vesting of acquired land

115Certain acquired land taken to be reserved

116Acquisition of easement—easement in gross

116AExtinguishment of acquired easements

117Effect of extinguishment of utility easements

118Modification of Land Acquisition and Compensation Act 1986—general

120APlanning compensation

122Modification of Land Acquisition and Compensation Act 1986—regulations

123Transfer of building or structure as compensation

124Adjoining land may be provided as compensation

Division 2—Acquisition of native title rights and interests

125Application of Division

126Project Minister may order compulsory acquisition

127Compulsory acquisition of native title rights and interests

128Acquired right or interest to vest in Crown

129Procedure for acquisition

130Referral of objections to VCAT

131Determination of VCAT on objection

132Disputed claims for compensation—native title land

Division 3—Acquisition of land outside the project area

133Power of project authority to purchase land

Division 4—Provision of public land and Council land

Subdivision 1—Surrender, divesting or acquisition of public land and Council land

134Order for surrender, divesting or acquisition of land of public authorities and Councils

135Surrender of interests in unreserved Crown land

136Effect of surrender or divesting to, or acquisition by, the Crown

136AEffect of divesting to or acquisition by project authority

137Temporary reservation may be amended or revoked

137BSurrender of land by project authority

Subdivision 2—Removal of reservations on land

138Land Acts and other Acts (other than Charter of Human Rights and Responsibilities Act 2006) not to apply

139Revocation of reservations—entire reservation

140Revocation of reservations—part of reservation

141Effect of revocation of reservation

142Temporary reservation may be amended or revoked

Subdivision 2A—Other ways of making Crown land available for approved project

142AOther Crown land to be designated for approved project

142BGrant of Crown land to project authority

Subdivision 3—Notification of reservations

143Minister to be notified of reservation

Subdivision 4—Declaration of roads

144Orders may continue or declare roads

Subdivision 5—Compensation for surrendered or divested or reserved land

145Compensation—general

146Compensation for Councils in certain circumstances

147Transfer of building or structure as compensation

148Adjoining land may be provided as compensation

Subdivision 6—Other matters

149No other compensation payable

Division 5—Entry into possession of certain project land

150AApplication of Division

151Power to enter into possession

152Project authority must try to obtain agreement

153Time for entry into possession—general

154Time for entry into possession—residence or business

155Early entry of place of residence or business

155AEntry into possession of underground land

156Occupation may be extended by agreement

157Continued occupation without agreement

158Recovery of rent

159Proceedings where refusal to give up possession

160Certain legislation not to apply

Division 6—Underground land

161AApplication of Division

162Declaration of underground land as project land

162AEffect of declaration of underground land as project land

162BEasements below ground level

163Compensation—underground land

164Transfer of building or structure as compensation

165Compensation for denial of access

165ANo other compensation payable

Division 7—Management of land for project

Subdivision 1—General powers of entry and temporary occupation of land

165BPower of entry on land before designation of project area

165CPower of entry on land after designation of project area

165DPower of temporary occupation

165ENotice of temporary occupation

165FPower to investigate and remove trees and vegetation

165GPower to install temporary ground supports

165HObligations in relation to exercise of powers

165IProject authority to prepare condition report for occupied land

165JProject authority to fence lands before using them

165KCompensation for entry or temporary occupation

165LRent for temporary occupation

165MLiability of project authority for nuisance

165NObstruction of temporary occupation

Subdivision 1AA—Entry onto and carrying out works on land in project area intended to be acquired

165ODefinitions

165PProject authority may enter, occupy, use and carry out works on certain land

165QProject authority to give notice to owner or occupier before entering, occupying and using land

165RObligations in relation to exercise of powers

165SProject authority to prepare condition report for occupied land

165TProject authority to fence lands before using them

165URent for occupation until acquisition or abandonment of acquisition

165VLiability of project authority for nuisance

165WProject authority to give notice to owner or occupier on completion of construction of permanent infrastructure

165XProject authority to start compulsory acquisition process for interest in land for completed permanent infrastructure

165YProject authority must give notice of decision to abandon acquisition

165ZCompensation on acquisition of interest in land for permanent infrastructure

165ZAPossession of land acquired for permanent infrastructure

165ZBCompensation for occupation where interest is not acquired

165ZCInterference with equipment and works

Subdivision 1A—Powers in relation to public land and certain other land

166Project authority appointed committee of management

167Project authority may enter, occupy, use and carry out works on certain land

168Licence or tenancy agreement under Crown Land (Reserves) Act 1978

168AProject authority may carry out or authorise associated works

169Project authority liable to pay compensation to persons whose interests are affected

Subdivision 1B—Easements

171Powers in relation to easements

171ATransfer of easements to utilities or transport bodies

Subdivision 2—Licences

172Application

173Project authority may issue licence for purposes of approved project

174Term of licence

175Conditions of licence

Subdivision 3—Leases

176Application

177Leasing powers

178Term of lease over project land that is Crown land

179Conditions of lease

Subdivision 4—Other land powers

180Surplus land

181Dealing with surplus Crown land

182Removal of reservation of Crown land before estates or interests granted under section 181

183Reservation of surplus land—Crown

184Project authority may enter into agreements for surplus land

185Disposition of surplus land—fee simple land

Subdivision 5—Community asset agreements

185ALand Acts and other Acts (other than Charter of Human Rights and Responsibilities Act 2006) not to apply

185BDefinition

185CMeaning of community asset

185DPower to enter into community asset agreements

185EPeriod and effect of community asset agreements

185FCommunity asset agreement must not be inconsistent with Crown land reservation

185GNotice of community asset agreements

Division 8—Road management

Subdivision 1—Powers in relation to roads

186Works powers in relation to roads

186APower to discontinue or realign a road

186BEffect of notice of discontinuance of road

186CEffect of notice of realignment of road

186DOther powers relating to the management of roads and traffic

186ENotification of exercise of road powers relating to temporary deviations

186FNotification of exercise of road power relating to road closures

187Project authority to advise coordinating road authority before exercising power

188Exercise of road powers by relevant road authorities

189Project authority consent required for certain road works or to discontinue a road

191Compensation for denial of access following discontinuation or realignment of road

191ACompensation for temporary diversions or deviations of road that deny access

192Compensation for affected utilities

Subdivision 2—Road declaration powers

193Declaration of roads and designation of ancillary areas

194Road classification for the purposes of Road Management Act 2004 and naming of roads

195Project authority consent required for road declaration by road authority in project area

Subdivision 3—Powers related to closed roads

195APowers concerning the leaving standing of vehicles in parking areas on roads

195BRemoval of stationary vehicles

195CPower to move other obstructions

195DRecovery of costs incurred for moving and storing vehicles and other obstructions

195ESecretary may disclose certain information for the purposes arranging the moving of vehicles from closed roads

Subdivision 4—Actions in relation to traffic control devices

195FActions in relation to traffic control devices

195GProject authority to notify coordinating road authority before taking action in relation to traffic control device

Division 9—Restricted access areas

196Restricted access areas

197Appointment of authorised officers

198Identification of authorised officers

199Project authority may authorise persons to be in restricted access areas

200Project authority may warn people to leave restricted access area

201Warning people to leave restricted access area

202Direction not to enter restricted access area

203Offence to enter any part of restricted access area

204Offence not to produce certificate on demand

205Offence to hinder or obstruct authorised officer

206Evidence as to area being marked off

Division 10—Other matters

207Cultural and Recreational Lands Act 1963

207AEffect of a stratum of Crown land becoming project land

Part 7—Interface with utilities

Division 1—Interpretation

208Definitions

209Meaning of unnotified utility infrastructure

210Meaning of utility agreement

Division 2—Utility infrastructure notification and identification

211Project authority must identify all utility infrastructure and utilities

211AProject authority may notify identified utility for utility to notify location of its utility infrastructure

212Utility must comply with project authority notice

Division 3—Negotiation of utility agreements

213Negotiation trigger notice

214Reasonable endeavours must be used to negotiate utility agreement during negotiation period

215Ministers to be notified if no agreement is reached

Division 4—Dispute resolution if there is no agreement

216Project authority or utility can commence dispute resolution procedure

217Parties must use reasonable endeavours to agree to expert for the purposes of dispute

218Notification of Project Minister

219Project Minister must appoint expert agreed to by parties

220Project Minister must choose expert where there is no agreement by the parties as to the expert

221Fees of, and costs incurred by, expert

222Immunity for expert

223Expert to commence dispute resolution within 5 business days after appointment

224Determination of procedure by expert

225Parties may make submissions

226Determination of expert resolving dispute

227Termination of approved utility agreement

228Expert may engage legal and other assistance

229Parties are liable to Project Minister for expert's costs paid by the Minister

230Appeal to Supreme Court from a determination of expert

231Model utility agreement guidelines

Division 5—Unnotified utility infrastructure

232Notification in relation to unnotified utility infrastructure

233Removal, relocation or protection of unnotified utility infrastructure

234Damage to unnotified utility infrastructure

Part 8—Assessment committees

Division 1—Establishment of assessment committees

235Establishment of assessment committees

236Function of assessment committees

237Membership of committees

238Terms of appointment

239Resignation

240Procedure at committee meetings

241Consultation

242Disclosure of interests

Division 2—Hearings

243Directions about hearings

244Hearings to be in public

245General procedure for hearings

246Who may appear before an assessment committee?

247Effect of failure to attend hearing

248Committee may hear two or more submissions together

249Adjournment of hearings

250Technical defects

251Committee may take into account any relevant matter

252Offences

253Project proponent to pay assessment committee's costs

Part 9—General

254Secretary may delegate powers to employees

254APublic officials to expedite projects

255Enforcement of Building Act 1993

256Taxes and duties

257Rates and charges

258Limitation on powers of Councils to make local laws

258AApproval of Councils not required

259Action by Registrar of Titles

260Exclusion of proportionate liability under Wrongs Act 1958

261Time limit for proceedings for reviews of approval decisions

262Reviews of approval decisions

263No appeal or review of decisions under Parts 1, 2, 3 or 4 (except approval decisions)

264How notices or documents may be given

265Supreme Court—limitation of jurisdiction

266Regulations

Part 10—Transitional provisions—Major Transport Projects Facilitation Amendment (East West Link and Other Projects) Act 2013

267Project proponent of already declared projects may resubmit project proposal

Part 11—Transitional provisions—Major Transport Projects Facilitation Amendment Act 2019

268Definitions

269Identification of utility infrastructure and utilities for the purposes of North East Link Project

270Utility responses in relation to location of utility infrastructure for the purposes of North East Link Project

Part 12—Transitional provisions—Suburban Rail Loop Act 2021

271Entry or temporary occupation under the Land Acquisition and Compensation Act 1986

272Compensation in relation to underground land

273Compensation in relation to public land

274Temporary access to Crown land

275Exercise of powers relating to roads

276Compensation for relocated roads

277Compensation for utilities affected by relocated roads

Part 13—Transitional regulation‑making power—Transport Infrastructure and Planning Legislation Amendment Act 2024

278Regulations dealing with transitional matters

279Repeal of this Part

Schedules

Schedule 1—Applicable laws and applicable approvals

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 041

Major Transport Projects Facilitation Act 2009

No. 56 of 2009

Version incorporating amendments as at

1 July 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to facilitate the development of major transport projects.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2010, it comes into operation on that day.

3Definitions

In this Act—

applicable approval means an approval, authorisation, consent, determination, decision (however described), licence or permit under an applicable law that is specified in column 2 of the Table in Schedule 1;

applicable law means an Act specified in column 1 of the Table in Schedule 1;

applicable law criteria means matters, things, criteria, factors, circumstances, principles, purposes or objects specified in an applicable law that may or must (as the case requires) be applied or complied with, had regard to or taken into account by an applicable law decision maker when making a decision whether to grant an applicable approval under that law;

applicable law decision means a decision (however described) under an applicable law granting an applicable approval;

applicable law decision maker means a person or body who, under an applicable law, grants an applicable approval under that law;

application fee has the meaning given by section 4;

approval decision means a decision of the Planning Minister under section 77;

approved project means a declared project, or part of a declared project, in respect of which a project area has been designated under Part 4;

arterial road has the same meaning as in the Road Management Act 2004;

assessment committee means an assessment committee established under Part 8;

assessment committee recommendation means a recommendation under section 73;

associated works means works or activities that have been declared to be associated works under section 15B;

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;

*                *                *                *                *

comprehensive impact statement means a statement prepared under Division 5 of Part 3 and includes such a statement revised under that Division;

comprehensive impact statement assessment process means the process and requirements set out in Division 5 of Part 3;

comprehensive impact statement determination, in relation to a declared project, means a determination under section 20(1) requiring the preparation of a comprehensive impact statement for that project;

*                *                *                *                *

construct includes reconstruct or make structural changes;

coordinating road authority has the same meaning as in the Road Management Act 2004;

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

Crown land includes a stratum of Crown land;

cultural heritage management plan has the same meaning as in the Aboriginal Heritage Act 2006;

declared project means a transport project declared under section 10 to be a declared project;

Department has the same meaning as in section 3 of the Transport Integration Act 2010;

development, in relation to a declared project, includes—

(a)the construction of a facility or infrastructure; and

(b)the construction or exterior alteration or exterior decoration of a building; and

(c)the demolition or removal of a building or works; and

(d)the construction or carrying out of works; and

(e)the subdivision or consolidation of land, including buildings or airspace; and

(f)the placing or relocation of a building or works on land; and

(g)the construction or putting up for display of signs or hoardings;

development licence has the same meaning as in the Environment Protection Act 2017;

*                *                *                *                *

*                *                *                *                *

enactment means an Act or a regulation under an Act;

Environment Protection Authority or EPA means the Authority within the meaning of the Environment Protection Act 2017;

formal public hearing means a hearing conducted by an assessment committee under Subdivision 7 of Division 5 of Part 3;

freeway has the same meaning as in the Road Management Act 2004;

further option means a further option in relation to a declared project referred to in section 69;

grant, in relation to an applicable approval, includes, as the case requires, prepare, adopt, give, make, issue or provide;

heavy vehicle has the same meaning as in the Road Safety Act 1986;

impact means a reasonably foreseeable, direct or indirect impact arising from—

(a)the development of an approved project; or

(b)the use of transport or non-transport infrastructure established by the approved project; or

(c)the decommissioning of the transport or non-transport infrastructure established by the approved project;

impact assessment guidelines means guidelines prepared under section 17;

impact management plan means a plan prepared under Division 4 of Part 3;

impact management plan assessment process means the process and requirements set out in Division 4 of Part 3;

impact management plan determination, in relation to a declared project, means a determination under section 20(1) requiring the preparation of an impact management plan for that project;

infrastructure manager has the same meaning as in the Road Management Act 2004;

interest, in relation to land, means—

(a)a legal or equitable estate or interest in land; or

(b)an easement, right, charge, power or privilege in, under, over, affecting or in connection with land;

land includes—

(a)buildings and other structures permanently fixed to land; and

(b)land covered with water; and

(c)any interest in land; and

(d)a stratum of land;

lease, in Division 7 of Part 6, means a lease granted under section 177;

leased land means land that is the subject of a lease granted under section 177;

lessee means a person who is, for the time being, the lessee under a lease granted under section 177;

licence in Division 7 of Part 6, means a licence issued under section 173;

licensed land means land that is subject to a licence issued under section 173;

licensee means a person who is, for the time being, the holder of a licence issued under section 173;

*                *                *                *                *

municipal road has the same meaning as in the Road Management Act 2004;

Native Title Act means the Native Title Act 1993 of the Commonwealth;

navigation aid has the same meaning as in the Marine Safety Act 2010;

non-arterial State road has the same meaning as in the Road Management Act 2004;

non-road infrastructure has the same meaning as in the Road Management Act 2004;

non-transport infrastructure has the meaning given by section 4AA;

notice of acquisition means a notice of acquisition within the meaning of the Land Acquisition and Compensation Act 1986;

Planning Minister means the Minister administering the Planning and Environment Act 1987;

planning permit means a permit issued under the Planning and Environment Act 1987;

planning scheme means a planning scheme under the Planning and Environment Act 1987;

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

port—

(a)means a facility at which goods can be loaded and unloaded, or persons can board and disembark, from a vessel; and

(b)includes channels, navigation aids and other infrastructure and equipment that is necessary to enable the safe movement of vessels to and from a facility referred to in paragraph (a);

preliminary hearing means a preliminary hearing conducted under section 57;

preliminary risk report, in relation to a project proposal, means a document that identifies and categorises the various risks associated with a declared project and identifies matters that require further investigation in a comprehensive impact statement;

project area, for a declared project or an approved project, means the area of land designated by Order under section 95, as varied by Order under section 96 or consolidated by Order under section 97;

project authority, for a declared project or an approved project, means—

(a)the project proponent; or

(b)if the Project Minister appoints an entity under section 6, that entity;

project contractor means a person designated under section 7;

project declaration means a declaration made under section 10;

project declaration guidelines means guidelines prepared under section 13;

project function, for a project authority, means a function or power specified under section 101 or 102;

project land, for an approved project, means—

(a)land that is acquired by, or vested in, the project authority or the Crown under Part 6, including land that is surrendered or divested under that Part and underground land; or

(ab)land granted to the project authority on behalf of the Crown under Part 6 for the purposes of the approved project; or

(b)land acquired by a project authority for the project for the purposes of the approved project before that project became an approved project; or

(c)land that is taken under Part 6 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 approved project; or

(d)Crown land previously reserved for the purposes of the approved project that has become unreserved Crown land under section 141 and has not been granted to the project authority under section 142B;

Project Minister means a Minister appointed under section 14(1)(a);

project proponent, for a declared project, means the entity appointed under section 14(1)(b), (2) or (3);

project proposal means a document that contains—

(a)a description of the declared project and any associated works; and

(b)a preliminary risk report;

project proposal guidelines means guidelines prepared under section 16;

properly made submission means a submission or an amendment to a submission that complies with section 52(3);

*                *                *                *                *

public authority means a person or body (including a trust) established by or under an Act for a public purpose other than a Council;

public exhibition period, for a comprehensive impact statement, means the period determined by the Planning Minister under section 45 for that statement;

public land means—

(a)Crown land; or

(b)land owned by or vested in a public authority;

public sector body has the same meaning as in the Public Administration Act 2004;

*                *                *                *                *

publication fee guidelines means the guidelines prepared under section 18;

rail infrastructure has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

realign, in relation to a road, includes narrowing or widening of the road;

registered Aboriginal party has the same meaning as in the Aboriginal Heritage Act 2006;

reservation date, in relation to land, means the date on which the land became project land;

restricted access area means an area established under section 196;

review determination means a determination under section 42;

revised comprehensive impact statement means a comprehensive impact statement revised in accordance with section 61;

road has the same meaning as in the Road Management Act 2004 and includes part of such a road;

road authority has the same meaning as in the Road Management Act 2004;

road function means a project function conferred on a project authority relating to Subdivision 1 or 3 of Division 8 of Part 6;

road infrastructure has the same meaning as in the Road Management Act 2004;

rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

scoping directions means directions prepared by the Planning Minister under section 22 or 30;

Secretary means Secretary to the Department;

*                *                *                *                *

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;

supplementary assessment has the meaning given by section 69(1)(b);

surplus land means land determined under section 180 to be surplus land;

transport body has the same meaning as in the Transport Integration Act 2010;

transport infrastructure means any of the following—

(a)road infrastructure;

(b)rail infrastructure;

(c)infrastructure that can be used for the movement of persons or goods;

(d)a port;

(e)a facility at which—

(i)goods can be loaded or unloaded from rolling stock; and

(ii)goods can be loaded or unloaded from heavy vehicles; and

(iii)goods referred to in subparagraphs (i) and (ii) can be temporarily stored;

transport project means a project, or a program of works or projects, for the development of—

(a)transport infrastructure; or

(b)transport infrastructure together with non-transport infrastructure;

underground land—see section 162(1);

utilities interface function, power or duty means a function or power conferred, or duty imposed, on a project authority under Division 5 of Part 7;

utility means an entity (whether publicly or privately owned) that provides, or intends to provide, water, sewerage, drainage, gas, electricity or other like services under the authority of an Act of Victoria;

utility infrastructure means any part of the supply, distribution or reticulation network owned, operated or controlled by a utility, including poles, pipes, cables, wires, conduits and tunnels;

vehicle has the same meaning as in the Road Safety Act 1986;

vessel has the same meaning as in the Marine Safety Act 2010;

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*                *                *                *                *

works includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil.

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3ATransport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

4Meaning of application fee

For the purpose of this Act, an application fee is—

(a)if the regulations prescribe an application fee, that fee;

(b)if the regulations do not prescribe an application fee, the sum of every fee that would otherwise be payable in or as part of an application for an applicable approval, or on the granting of an applicable approval (as the case requires) by or under an applicable law that is referred to in an impact management plan or comprehensive impact statement (other than the fee payable for an application for the issue of a development licence).

4AAMeaning of non-transport infrastructure

(1)For the purposes of this Act, non-transport infrastructure means any infrastructure that is not transport infrastructure and that, when constructed, is—

(a)in, on, over, part of, or related or connected to, transport infrastructure; or

(b)adjacent to, or in proximity to, transport infrastructure; or

(c)ancillary to, or required in connection with, other non-transport infrastructure that satisfies the requirements in paragraph (a) or (b).

(2)For the purposes of subsection (1), infrastructure includes the following—

(a)civic infrastructure and public places, including open spaces, parks and gardens;

(b)commercial, residential and industrial buildings;

(c)drainage, waterways and earthworks;

(d)utility infrastructure;

(e)any other facility, building, fixture, fitting or permanent structure;

(f)any other thing that is prescribed to be infrastructure for the purposes of this definition.

4AReferences to reserved Crown land

In this Act, a reference to reserved Crown land or to land reserved under the Crown Land (Reserves) Act 1978 includes a reference to land that is taken to be reserved under that Act by or under this or any other Act.

5Objects

The objects of this Act are—

(a)to create public value through improvements to the efficiency, integration and sustainability of Victoria's transport system; and

(b)to streamline the development of major transport projects that are of economic, social or environmental significance to the State or a region of the State by providing for a single approval for major transport projects, through a process for the assessment of the project—

(i)that has regard to Victoria's environmental, planning and other legislative standards (including risk-based assessment where appropriate); and

(ii)that maintains opportunities for public consultation; and

(c)to improve productivity and timeliness in the assessment and delivery of major transport projects.

6Project Minister may appoint entity to be the project authority for an approved project

The Project Minister, by notice published in the Government Gazette, may, for an approved project, appoint as the project authority an entity who is not the project proponent of that project.

7Designation of project contractor

The Project Minister, by notice published on the Department's Internet site, may designate a person with whom the State or a project authority (or both) have entered into an agreement for the development of the whole or part of an approved project on behalf of the State or project authority (or both) as a project contractor.

8Application of Crown Land (Reserves) Act 1978

For the purposes of this Act, the Crown Land (Reserves) Act 1978 is to be taken to have effect as if, in that Act, the terms "land" and "Crown land" have the same meaning as in this Act.

9Act to bind the Crown

This Act binds the Crown in right of Victoria, and so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

PART 2—MAJOR TRANSPORT PROJECT DECLARATIONS

10Declaration of a transport project

(1)The Premier may declare a transport project to be a declared project—

(a)to which this Act applies; or

(b)to which this Act (other than Parts 3 and 8) applies.

(1A)Subsection (1)(a) does not apply to a transport project that is a program of works or projects.

(2)A declaration under subsection (1) must be published in the Government Gazette and on an Internet site maintained by the Department of Premier and Cabinet.

(2A)A declaration under subsection (1)(b) for a transport project that is a program of works or projects must specify the works or projects that constitute the program of works or projects.

(3)A declaration under subsection (1) takes effect—

(a)on the day the declaration is published in the Government Gazette; or

(b)if the declaration specifies a later day, on that day.

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12Assessment of transport project before declaration

(1)The Premier must not make a declaration under section 10 unless the Premier has assessed the transport project as a project that is of economic, social or environmental significance to—

(a)the State; or

(b)a region of the State.

(1A)In addition, for the declaration of a transport project that is a program of works or projects under section 10(1)(b), the Premier must be satisfied that—

(a)the works or projects that constitute the program of works or projects are sufficiently connected to each other to justify the program being designated as a single declared project; and

(b)the majority of the works or projects within the program contain works that are not, or will not be, minor or routine.

(2)In making an assessment under subsection (1), the Premier must have regard to the project declaration guidelines.

13Project declaration guidelines

(1)The Premier must prepare guidelines for the assessment of transport projects as to whether such projects are of economic, social or environmental significance to—

(a)the State; or

(b)a region of the State.

(2)Project declaration guidelines must be published in the Government Gazette.

(3)Project declaration guidelines take effect—

(a)on the day they are published in the Government Gazette; or

(b)if the guidelines specify a later day, on that day.

14Appointment of Project Minister and project proponent

(1)The Premier, by notice published in the Government Gazette—

(a)must appoint a Minister to be the Project Minister for a declared project; and

(b)may, after consulting with the Minister who is to be appointed the Project Minister for the declared project, appoint the public authority that will be the project proponent for that declared project.

(2)If a project proponent has not been appointed under subsection (1)(b), the Project Minister, by notice published in the Government Gazette, must appoint the public authority that will be the project proponent for that declared project.

(3)Subject to subsection (4), the Project Minister, by notice published in the Government Gazette, may replace a public authority appointed as the project proponent with another public authority.

(4)The Project Minister must consult with the Premier before replacing a public authority appointed by the Premier.

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15ADelegation by Project Minister

(1)Subject to this section, the Project Minister, by instrument, may delegate to any person any power, duty or function of the Project Minister under this Act other than—

(a)this power of delegation;

(b)the power to direct or control a project authority under section 109;

(c)the power to make a determination under section 180.

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(2)A delegation under subsection (1) may be in relation to a specified declared project or part of a declared project and may be—

(a)in relation to a person or class of persons specified in the instrument of delegation; or

(b)in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.

15ABPremier may add scope to development of declared project

(1)The Premier, by notice and on the recommendation of the Project Minister, may add scope to the development of a declared project to which this Act (other than Parts 3 and 8) applies.

(2)The Premier may add scope to the development of a declared project under subsection (1) if—

(a)the project area has not yet been designated for—

(i)the declared project; or

(ii)the part of the declared project to which the additional scope for the development of the declared project relates; and

(b)the Premier is satisfied that the additional scope for the development of the declared project has a sufficient connection with the declared project.

(3)A notice under subsection (1) must be published in the Government Gazette and on an Internet site maintained by the Department of Premier and Cabinet.

(4)If a declared project is a program of works or projects, additional projects cannot be added to the declared project under subsection (1).

15BPlanning Minister may declare associated works

(1)The Planning Minister may declare certain works or activities to be associated works if the Planning Minister is satisfied that the works or activities—

(a)form part of, or are associated with, a declared project; and

(b)are not the subject of an approval decision under section 77.

(2)A declaration under this section must be published in the Government Gazette.

PART 3—ASSESSMENT AND APPROVAL OF MAJOR TRANSPORT PROJECTS

Division 1—Guidelines for this Part

16Project proposal guidelines

(1)The Planning Minister must prepare guidelines in relation to the form and content of a project proposal.

(2)The Planning Minister must publish project proposal guidelines on the Department's Internet site as soon as practicable after the Minister prepares the guidelines.

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(4)Project proposal guidelines take effect—

(a)on the day after the day the guidelines are published on the Department's Internet site; or

(b)if the guidelines specify a later day, on that day.

17Impact assessment guidelines

(1)The Planning Minister may prepare guidelines relating to—

(a)the assessment of impacts of a declared project; and

(b)the form and content of a comprehensive impact statement or impact management plan for a declared project; and

(c)the form and content of public notices required under this Part.

(2)The Planning Minister must publish impact assessment guidelines on the Department's Internet site as soon as practicable after the Minister prepares the guidelines.

(3)Notice of the preparation of impact assessment guidelines must be published in the Government Gazette as soon as practicable after the Planning Minister prepares the guidelines.

(4)Impact assessment guidelines take effect—

(a)on the day notice of their preparation is published in the Government Gazette; or

(b)if the guidelines specify a later day, on that day.

18Publication fee guidelines

(1)The Planning Minister may prepare guidelines relating to the fee to be paid by a person for a copy of a comprehensive impact statement under section 49.

(2)Guidelines prepared under subsection (1) may provide for a methodology for determining an appropriate fee.

(3)The Planning Minister must publish publication fee guidelines on the Department's Internet site as soon as practicable after the Minister prepares the guidelines.

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(5)Publication fee guidelines take effect—

(a)on the day after the day the guidelines are published on the Department's Internet site; or

(b)if the guidelines specify a later day, on that day.

Division 2—Project proposals

19Preparation of project proposal

(1)A project proponent for a declared project must prepare a project proposal for that project.

(2)A project proposal must be prepared in accordance with the project proposal guidelines.

(3)To avoid doubt, a project proponent for a declared project may include in a project proposal for a declared project any matter that the proponent considers relevant.

(4)On completing a project proposal for a declared project, the project proponent must give it to the Planning Minister.

Division 3—Determination of appropriate impact assessment process

20Planning Minister must make determination as to appropriate impact assessment

(1)On receiving a project proposal from a project proponent, the Planning Minister must make a determination as to whether—

(a)the comprehensive impact statement assessment process must be complied with in relation to the declared project; or

(b)the impact management plan assessment process must be complied with in relation to the declared project.

(2)The Planning Minister must make a determination that the comprehensive impact statement assessment process must be complied with in relation to the declared project to which the project proposal relates if the Minister considers that the project proposal is inadequate for the Minister to determine whether the impact management plan assessment process must be complied with in relation to the project.

(3)The Planning Minister may make a determination requiring the project proponent to comply with the impact management plan assessment process only if the Minister is satisfied that—

(a)the land that is likely to be required for the declared project is—

(i)land owned by a public authority or is vested in the Crown; or

(ii)land owned by a person that is not a public authority but is reserved for a public purpose under a planning scheme or other law; and

(b)the development of the declared project will not require, or has been granted any of the following—

(i)an applicable approval that is a development licence;

(ii)an applicable approval that is a permit or consent under the Heritage Act 2017;

(iii)an applicable approval that is a planning permit under the Planning and Environment Act 1987;

(iv)an applicable approval that is an amendment to a provision of a planning scheme under the Planning and Environment Act 1987.

(4)The Planning Minister must make a determination under this section within 5 business days after receiving the project proposal.

(5)A determination under this section must be given to the project proponent.

(6)Notice of the making of a determination under this section must be published in the Government Gazette as soon as practicable after the determination is made.

21Effect of determination

(1)If the Planning Minister makes an impact management plan determination, Division 4 applies to the project proposal that relates to the declared project to which the determination applies.

(2)If the Planning Minister makes a comprehensive impact statement determination, Division 5 applies to the project proposal that relates to the declared project to which the determination applies.

Division 4—Impact management plans

Subdivision 1—Scoping directions

22Specification of matters to be considered and addressed in impact management plan

(1)Subject to section 23, the Planning Minister must prepare directions that specify the kinds of impacts and other matters that must be considered and addressed in an impact management plan for the declared project to which an impact management plan determination relates (the scoping directions).

(1A)In addition to subsection (1), the scoping directions may include directions to the project proponent to do any one or more of the following—

(a)include a description of the preferred option for the development of the declared project and the reasons for that preference;

(b)set out variations within the preferred option in relation to the declared project, and the impacts of those variations;

(c)set out a consideration of methods to avoid, minimise, manage or offset the impacts of the declared project.

(1B)When preparing the scoping directions, the Planning Minister must have regard to the preliminary risk report that forms part of the project proposal given under section 19(4).

(1C)The scoping directions may provide, in the case of any or all specified associated works that require an applicable approval, that the application for the applicable approval must be made, assessed and approved under the relevant applicable law and not under this Act.

Note

See section 168A.

(2)Subject to section 24, the Planning Minister must prepare, and give to the project proponent, the scoping directions within 25 business days after making an impact management plan determination.

(3)The scoping directions must be published on the Department's Internet site as soon as practicable after the directions are prepared.

23Planning Minister may request further information in exceptional circumstances

(1)The Planning Minister, by written notice, given to a project proponent, may request further information from the project proponent for the purpose of preparing scoping directions for the impact management plan for the proponent's declared project.

(2)The Planning Minister may only make a request under subsection (1) before the end of the period within which the Minister must prepare the scoping directions under section 22(2).

(3)The Planning Minister may give a written notice under subsection (1) only if the Minister considers that exceptional circumstances exist such that the Minister considers it necessary to re quest that further information.

(4)A notice under subsection (1) must specify the further information that is to be provided by the project proponent.

24Determining 25 business day period for the preparation of scoping directions

The period of time specified in section 22(2) is not to be taken to include any business day falling within a period—

(a)commencing on the day a notice is given to a project proponent under section 23; and

(b)ending on the day the Planning Minister receives the information requested in the notice.

Subdivision 2—Preparation of impact management plan

25Project proponent must consult with specified persons as directed by Planning Minister

(1)The Planning Minister, for the purpose of the preparation of an impact management plan for a declared project, may direct the project proponent for that project to consult with a person specified in the direction.

(2)A direction under subsection (1) must be—

(a)given to the project proponent within 25 business days after the making of the impact management plan determination that relates to the declared project; and

(b)published on the Department's Internet site within 25 business days after the making of the impact management plan determination that relates to the declared project.

(3)The project proponent must comply with a direction under subsection (1).

26Project proponent must comply with this Division

A project proponent for a declared project in relation to which an impact management plan determination has been made must comply with this Division.

27Content of impact management plans

A project proponent for a declared project must prepare an impact management plan for the project that, to the satisfaction of the Secretary—

(a)is substantially in accordance with the scoping directions for that plan; and

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(f)sets out how any relevant environment reference standard within the meaning of the Environment Protection Act 2017 will be taken into account; and

(fa)sets out how any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017 will be taken into account; and

(g)identifies all of the applicable approvals that are likely to be required under all applicable laws in order for the declared project to be developed, including any requirements under those laws applying to the declared project when assessing the impacts of the declared project; and

(h)includes the information that would be required for the applicable law decisions to be made under all of the applicable laws that apply to the project including—

(i)a list of the applicable law criteria; and

(ii)information as to how the proponent considers the criteria referred to in subparagraph (i) apply.

28Impact assessment guidelines must be had regard to when preparing impact management plan

Subject to this Division, a project proponent for a declared project must have regard to any impact assessment guidelines when preparing an impact management plan for the project.

29Completed impact management plan to be given to Planning Minister

On completing an impact management plan for a declared project, the project proponent for that project must—

(a)submit the impact management plan to the Planning Minister for an approval decision in relation to the project; and

(b)pay to the Planning Minister the application fee.

Division 5—Comprehensive impact statements

Subdivision 1—Scoping directions

30Specification of matters to be considered and addressed in comprehensive impact statements

(1)Subject to this Subdivision, the Planning Minister must prepare directions that specify the kinds of impacts and other matters that must be considered and addressed in a comprehensive impact statement for the declared project to which a comprehensive impact statement determination relates (the scoping directions).

(1A)In addition to subsection (1), the scoping directions may include directions to the project proponent to do any one or more of the following—

(a)include a description of the preferred option for the development of the declared project and the reasons for that preference;

(b)set out variations within the preferred option in relation to the declared project, and the impacts of those variations;

(c)set out a consideration of methods to avoid, minimise, manage or offset the impacts of the declared project.

(1B)When preparing the scoping directions, the Planning Minister must have regard to the preliminary risk report that forms part of the project proposal given under section 19(4).

(1C)The scoping directions may provide, in the case of any or all specified associated works that require an applicable approval, that the application for the applicable approval must be made, assessed and approved under the relevant applicable law and not under this Act.

Note

See section 168A.

(2)Subject to this Subdivision, the Planning Minister must prepare, and give to the project proponent, the scoping directions within 10 business days after making a comprehensive impact statement determination.

(3)The scoping directions must be published on the Department's Internet site as soon as practicable after the directions are prepared.

31Planning Minister may request further information or public comment and submissions in exceptional circumstances

(1)The Planning Minister may—

(a)within 10 business days after making a comprehensive impact statement determination, by written notice given to the project proponent, request further information from the project proponent for the purpose of preparing the scoping directions for the comprehensive impact statement for the proponent's declared project; or

(b)within 5 business days after making a comprehensive impact statement determination, invite, by notice published in a newspaper circulating generally throughout Victoria and on the Department's Internet site, the public to make written comment on, or make written submissions in respect of, a draft of the scoping directions within 15 business days after the date of the notice.

(2)A notice under subsection (1)(a) must specify the further information that is to be provided by the project proponent.

(3)If a notice is published under subsection (1)(b), the Planning Minister must publish on the Department's Internet site a draft of the scoping directions.

(4)The Planning Minister may—

(a)request further information from the project proponent under subsection (1)(a) only if the Minister considers that there are exceptional circumstances such that the Minister considers it necessary to re quest that further information;

(b)invite comments and submissions from the public under subsection (1)(b) only if—

(i)the Minister considers that there are exceptional circumstances such that the Minister considers it necessary to seek those comments and submissions; or

(ii)the comprehensive impact statement assessment process is a process to which section 47(1) or 87(4) of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth applies.

(5)When preparing the scoping directions, the Planning Minister must consider every comment or submission the Minister receives in response to an invitation under subsection (1)(b) within the period of time stated in that subsection.

32Determining the 25 business day period for scoping directions after notice for further information

The period of time specified in section 30(2) is not to be taken to include any business day falling within the period—

(a)commencing on the day a notice is given to a project proponent under section 31(1)(a); and

(b)ending on the day the Planning Minister receives the information requested in the notice.

33Extension of period of time for preparation of scoping directions because of public consultation

(1)This section applies if the Planning Minister invites comments and submissions from the public under a notice published in accordance with section 31(1)(b).

(2)Despite section 30(2), the Planning Minister must prepare the scoping directions within 15 business days after the last day of the period stated in the notice published in accordance with section 31(1)(b).

34Amendment of scoping directions by Planning Minister

(1)Except as provided in section 34A, the Planning Minister may amend the scoping directions for the comprehensive impact statement for a project proponent's declared project only if the Minister considers that there are exceptional circumstances that require an amendment to the directions.

(2)An amendment to the scoping directions must be given to the project proponent.

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(4)The scoping directions, as amended, must be published on the Department's Internet site as soon as practicable after being amended.

34AAmendment of scoping directions on application by project proponent

(1)A project proponent for a declared project may, at any time before the Secretary makes a determination under section 42 to release a comprehensive impact statement for public exhibition in relation to the project, apply to the Planning Minister to amend the scoping directions.

(2)An application to the Planning Minister under subsection (1) must be accompanied by a revised project proposal that sets out the changes to the declared project that require amendment to the scoping directions.

(3)On receiving an application under this section, the Planning Minister may amend the scoping directions.

(4)The Planning Minister must determine an application under this section and prepare any amendments to the scoping directions within 10 business days after receiving an application.

(5)Sections 34(2) and (4) apply to an amendment of scoping directions under this section.

Subdivision 2—Assessment committees

35Establishment of assessment committee

After publishing the scoping directions for a comprehensive impact statement for a declared project, the Planning Minister must—

(a)establish an assessment committee in accordance with Part 8 to assess the comprehensive impact statement; and

(b)give the assessment committee the terms of reference under which it will assess the comprehensive impact statement in accordance with this Division.

36Content of terms of reference for assessment committee

(1)The terms of reference given to an assessment committee by the Planning Minister under section 35(1)(b) may include directions to the assessment committee on the following matters—

(a)a direction to conduct a preliminary hearing in a particular way;

(b)the matters which the assessment committee is to consider;

(ba)a direction to confine the matters under consideration at a public hearing to particular matters;

(bb)a direction to prepare a report that summarises the issues in relation to the comprehensive impact statement that the committee considers the project proponent should address;

(c)the conduct of cross-examination, if permitted;

(d)who may make submissions at a preliminary hearing;

(e)any other matter the Planning Minister thinks fit for the purpose of this Act.

(2)Subsection (1) does not limit what may be included in the terms of reference given to an assessment committee.

37Publication of assessment committee terms of reference

The Planning Minister must publish the terms of reference the Minister gives an assessment committee under section 35(1)(b) on the Department's Internet site on the same day, or before the day, the comprehensive impact statement for a declared project is exhibited under Subdivision 4.

Subdivision 3—Preparation of comprehensive impact statements

38Project proponent must comply with this Division

A project proponent for a declared project in relation to which a comprehensive impact statement determination has been made must comply with this Division.

39Content of comprehensive impact statements

A project proponent for a declared project must prepare a comprehensive impact statement for the project that, to the satisfaction of the Secretary—

(a)is substantially in accordance with the scoping directions for that statement; and

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(f)sets out how any relevant environment reference standard within the meaning of the Environment Protection Act 2017 will be taken into account; and

(fa)sets out how any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017 will be taken into account; and

(g)identifies all of the applicable approvals that are likely to be required under all applicable laws in order for the declared project to be developed, including any requirements under those laws applying to the declared project when assessing the impacts of the declared project; and

(h)includes the information that would be required for the applicable law decisions to be made under all of the applicable laws that apply to the project including—

(i)a list of the applicable law criteria; and

(ii)information as to how the proponent considers the criteria referred to in subparagraph (i) apply; and

(ha)if the proponent is seeking a development licence, contains a copy of such plans, specifications and other information as are necessary to determine whether to grant the development licence; and

(i)in the case where the applicable approval that will be required is an amendment to a provision of a planning scheme—

(i)identifies every planning scheme that applies to the location or proposed location of the declared project; and

(ii)contains the proposed amendments to every provision of every planning scheme that will be required; and

(iii)contains an explanatory report for every proposed amendment to a provision of a planning scheme and any document to be applied, adopted or incorporated in any such amendment.

40Impact assessment guidelines must be had regard to when preparing comprehensive impact statement

Subject to this Division, a project proponent for a declared project must have regard to any impact assessment guidelines when preparing a comprehensive impact statement for the project.

41Submission of comprehensive impact statement to Secretary

(1)On completing a comprehensive impact statement for a declared project, the project proponent for that project must—

(a)submit the comprehensive impact statement to the Secretary for review under section 42; and

(b)pay to the Secretary the application fee.

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42Consideration of comprehensive impact statement by Secretary

(1)The Secretary, within 10 business days after receiving a comprehensive impact statement, must make a written determination (a review determination) as to whether the comprehensive impact statement can be released for public exhibition under Subdivision 4.

(2)The Secretary, in a review determination, may determine that a comprehensive impact statement may be released for public exhibition under Subdivision 4 only if the Secretary is satisfied that the statement is adequate to be released for that purpose.

(3)In order to be satisfied that a comprehensive impact statement is adequate to be released for public exhibition, the Secretary must be satisfied the statement meets the requirements set out in section 39.

(4)For the purpose of determining whether a comprehensive impact statement meets the requirements set out in section 39(f), (g) and (h), the Secretary may consult with—

(a)any applicable law decision maker empowered to grant an applicable approval that is necessary for the declared project or a part of the declared project to be developed and to which the comprehensive impact statement relates; and

(b)any other person who the Secretary considers has the necessary experience or training to advise the Secretary in respect of the matters the Secretary must consider in making a review determination.

(5)In a review determination, the Secretary may direct the project proponent to revise an assessment, or the presentation of an assessment or finding, contained in the comprehensive impact statement if the Secretary is of the view that the assessment or presentation is not adequate to be released for public exhibition.

(6)A review determination must be—

(a)given to the project proponent; and

(b)published on the Department's Internet site.

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42AAppointment of person where Secretary is project proponent

(1)This section applies if the Secretary is the project proponent of a declared project.

(2)As soon as is practicable after receiving scoping directions under section 30, the Secretary must appoint, in writing, a person to exercise the functions and powers of the Secretary under the following sections in relation to the declared project—

(a)section 39;

(b)section 41(1)(a);

(c)section 42.

(3)A function or power exercised by a person appointed under this section takes effect as if the function or power were exercised by the Secretary.

43Revisions to draft comprehensive impact statements

(1)On receiving a review determination directing revisions to an assessment, or the presentation of an assessment or finding, contained in the comprehensive impact statement, the project proponent must—

(a)revise the statement in accordance with the determination; and

(b)submit the comprehensive impact statement (as revised) for review under section 42.

(2)For the purpose of this Subdivision, a comprehensive impact statement that is revised in accordance with a review determination is to be taken to be a comprehensive impact statement prepared in accordance with section 38.

(3)To avoid doubt, subsection (1) is not to be taken as precluding more than one revised comprehensive impact statement being submitted for review under section 42.

Subdivision 4—Public exhibition of comprehensive impact statements

44Application

This Subdivision applies if the Secretary, in a review determination, determines that a comprehensive impact statement is adequate to be released for public exhibition.

45Time period for public exhibition

(1)The Planning Minister must determine the period that the comprehensive impact statement must be made publicly available in accordance with this Subdivision.

(2)The period determined by the Planning Minister—

(a)must commence on the day notice is published under section 47; and

(b)must not be less than 20 business days and not more than 30 business days.

(3)A determination under this section must be published on the Department's Internet site on the same day as the review determination that determines that the comprehensive impact statement can be released for public exhibition under this Subdivision is published on the Department's Internet site under section 42.

(4)In addition, notice of a determination under this section must be published in the Government Gazette on the same day that notice of the making of the review determination that determines that the comprehensive impact statement can be released for public exhibition under this Subdivision is published in the Government Gazette under section 42.

46Public exhibition of comprehensive impact statement

The project proponent for the declared project to which a comprehensive impact statement relates must—

(a)make the comprehensive impact statement publicly available in accordance with this Subdivision for the period determined by the Planning Minister under section 45; and

(b)give the comprehensive impact statement to the assessment committee established under section 35 to assess the comprehensive impact statement.

47Notification of public exhibition of comprehensive impact statement

(1)The project proponent must—

(a)publish notice of the comprehensive impact statement—

(i)in a newspaper circulating generally throughout Victoria; and

(ii)in at least one newspaper circulating in the area where the declared project to which the statement relates will be developed; and

(iii)on the project proponent's Internet site; and

(b)give a copy of the notice to—

(i)the Planning Minister; and

(ii)the owners and occupiers of land that are or will be materially affected by the declared project; and

(iii)all road authorities and infrastructure managers that are or will be materially affected by the declared project.

(2)On receiving a copy of the notice, the Planning Minister must publish the notice on the Department's Internet site.

(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 on any ground, including an absence of jurisdiction, an excess of jurisdiction or any other ground of review; or

(b)seeking any order under the Administrative Law Act 1978 (whether on the ground of absence of jurisdiction or excess of jurisdiction or any other ground)—

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

(5)Subsections (3) and (4) apply despite anything to the contrary in an applicable law.

264How notices or documents may be given

(1)Subject to this section, a notice or other document that is required to be given to a person under this Act may be given to that person by any of the following methods—

(a)by delivering it personally to the person;

(b)by leaving it at the usual or last known place of business of the person with a person 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;

(c)by sending it by post, addressed to the person at the usual or last known place of residence or business of that person;

(d)if the person has given an alternative address—by sending it by post to that address;

(e)if the person has given an electronic address as an address for receiving notices or other documents—by sending it by electronic communication to that electronic address.

(2)If a person (the first person) is required under this Act to give notice to an owner or occupier of land that relates to that land or to another person in relation to particular land and the first person does not know the location of the owner or occupier or that other person after making reasonable efforts to locate the owner or occupier or that other person, the first person may give notice to that owner or occupier of the land or that other person by—

(a)publishing a copy of the notice, in a newspaper circulating generally throughout Victoria; and

(b)affixing the notice in a prominent place on the land to which it relates; and

(c)including in the notice sufficient information to identify the owner or occupier or that other person (either individually or as part of a group or class).

(3)If, under this Act, the person required be given a notice or other document is a Minister, public authority or committee of management under the Crown Land (Reserves) Act 1978, the notice or other document—

(a)may be given to a person authorised by that Minister, public authority or committee to receive the notice or document on behalf of that Minister, public authority or committee of management; or

(b)may be left at the principal office of that Minister, public authority or committee.

(4)A notice that is required to be given to an owner or occupier of land under this Act may be addressed by the description of "the owner" or "the occupier" of the land (naming it) in respect of which the notice is given, without further name or description.

265Supreme Court—limitation of jurisdiction

It is the intention of section 263 to alter or vary section 85 of the Constitution Act 1975.

266Regulations

(1)The Governor in Council may make regulations for or with respect to—

(a)fees;

(b)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)A power conferred by subsection (1)(a) to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—

(a)specific fees;

(b)maximum fees;

(c)minimum fees;

(d)fees that vary according to value or time;

(e)the manner of payment of fees;

(f)the time or times at which fees are to be paid.

(3)The regulations—

(a)may be of general or limited application;

(b)may differ according to differences in time, place or circumstance;

(c)may confer a discretionary authority or impose a duty on a specified person or class of person.

PART 10—TRANSITIONAL PROVISIONS—MAJOR TRANSPORT PROJECTS FACILITATION AMENDMENT (EAST WEST LINK AND OTHER PROJECTS) ACT 2013

267Project proponent of already declared projects may resubmit project proposal

(1)A project proponent of a declared project that, immediately before the commencement of section 70 of the Major Transport Projects Facilitation (East West Link and Other Projects) Act 2013 was the subject of a determination under section 30(1), may revise a project proposal and resubmit the revised proposal to the Planning Minister.

(2)The Planning Minister must, within 10 business days after receiving a revised project proposal under this section, prepare scoping directions in accordance with section 30 or amended scoping directions in accordance with section 34A (as the case requires), having regard to the revised proposal.

PART 11—TRANSITIONAL PROVISIONS—MAJOR TRANSPORT PROJECTS FACILITATION AMENDMENT ACT 2019

268Definitions

In this Part—

amending Act means Major Transport Projects Facilitation Amendment Act 2019;

commencement day means the day on which the amending Act comes into operation;

North East Link Project means the transport project declared to be a declared project under section 10, the declaration of which was published in the Government Gazette on 19 June 2018.

269Identification of utility infrastructure and utilities for the purposes of North East Link Project

On the commencement day, any steps taken by the project authority for the North East Link Project to identify utility infrastructure, and the utilities that own, operate or control that utility infrastructure, for the purposes of developing the North East Link Project are taken to be reasonable steps for the purposes of section 211 (as substituted by section 7 of the amending Act).

270Utility responses in relation to location of utility infrastructure for the purposes of North East Link Project

(1)This section applies if before the commencement day a utility has, in response to a request from the project authority for the North East Link Project about the location of utility infrastructure that it owns, operates or controls, given the project authority the requested information.

(2)On the commencement day, the utility is taken to have complied with section 212 (as substituted by section 7 of the amending Act).

PART 12—TRANSITIONAL PROVISIONS—SUBURBAN RAIL LOOP ACT 2021

271Entry or temporary occupation under the Land Acquisition and Compensation Act 1986

(1)If a project authority, or a person authorised by a project authority, entered or temporarily occupied land under section 74 or 75 of the Land Acquisition and Compensation Act 1986 as modified by this Act (as in force immediately before the commencement of section 151(2) of the Suburban Rail Loop Act 2021), Part 9 of the Land Acquisition and Compensation Act 1986, as modified by this Act (as in force immediately before that commencement), continues to apply on and after that commencement in relation to that entry or occupation.

(2)If a project authority gave notice under section 74(2) of the Land Acquisition and Compensation Act 1986 before the commencement of section 151(2) of the Suburban Rail Loop Act 2021, the project authority, or a person authorised by the project authority, may enter the land to which the notice relates on or after that commencement and exercise any powers under section 74(1) of the Land Acquisition and Compensation Act 1986 and, for that purpose Part 9 of the Land Acquisition and Compensation Act 1986, as modified by this Act (as in force immediately before that commencement), continues to apply.

(3)If a project authority gave notice under section 75(3) of the Land Acquisition and Compensation Act 1986 before the commencement of section 151(2) of the Suburban Rail Loop Act 2021, the project authority, or a person authorised by the project authority, may enter the land to which the notice relates on or after that commencement and exercise any powers under section 75 of the Land Acquisition and Compensation Act 1986 and, for that purpose Part 9 of the Land Acquisition and Compensation Act 1986, as modified by this Act (as in force immediately before that commencement), continues to apply.

(4)Sections 120 and 121, as in force immediately before the commencement of section 152 of the Suburban Rail Loop Act 2021, continue to apply on and after that commencement in relation to any entry or temporary occupation referred to in subsection (1), (2) or (3).

(5)Any person with an interest in land that has been entered or temporarily occupied under Part 9 of the Land Acquisition and Compensation Act 1986 as continued by the operation of subsection (1), (2) or (3) is entitled to claim compensation under section 47 of that Act and that Act, as modified by this Act (as in force immediately before the commencement of section 151(2) of the Suburban Rail Loop Act 2021), continues to apply.

272Compensation in relation to underground land

Sections 163 and 164, as in force immediately before the commencement of section 187 of the Suburban Rail Loop Act 2021, continue to apply on and after that commencement in relation to an Order published in the Government Gazette under section 162 before that commencement.

273Compensation in relation to public land

Section 169, as in force immediately before the commencement of section 193 of the Suburban Rail Loop Act 2021, continues to apply on and after that commencement in relation to anything done by, or on behalf of, a project authority under section 167 before that commencement.

274Temporary access to Crown land

Section 170, as in force immediately before the commencement of section 194 of the Suburban Rail Loop Act 2021, continues to apply on and after that commencement to the use of any Crown land for the purposes of an approved project if that use was authorised by or under that section before that commencement and was ongoing immediately before that commencement.

275Exercise of powers relating to roads

(1)Anything done by a project authority under section 186 as in force immediately before the commencement of section 203 of the Suburban Rail Loop Act 2021 (other than the discontinuance or realignment of a road) is taken on and after that commencement to have been done under section 186 (as substituted by section 203 of that Act) or section 186D(1)(d) or (e), as the case requires, and section 186E is taken to be have been complied with in relation to the closing of a road under section 186 before the commencement of section 203.

(2)A road temporarily closed to traffic under section 190 that is closed immediately before the commencement of section 206 of the Suburban Rail Loop Act 2021 is taken on and after that commencement to be closed under 186D(1)(d) and section 186E is taken to be have been complied with in relation to that closure.

276Compensation for relocated roads

(1)This section applies if before the commencement of section 207 of the Suburban Rail Loop Act 2021 there had been a relocation of a road that had the effect of denying access to land and for which compensation has not been paid under section 191 before that commencement.

(2)Section 191, as in force immediately before the commencement of section 207 of the Suburban Rail Loop Act 2021, continues to apply on and after that commencement in relation to that relocation of that road.

277Compensation for utilities affected by relocated roads

(1)This section applies if before the commencement of section 209 of the Suburban Rail Loop Act 2021 there had been a relocation of a road that had adversely affected a utility for which compensation has not been paid under section 192 before that commencement.

(2)Section 192, as in force immediately before the commencement of section 209 of the Suburban Rail Loop Act 2021, continues to apply on and after that commencement in relation to the relocation of that road.

*                *                *                *                *

PART 13—TRANSITIONAL REGULATION‑MAKING POWER—TRANSPORT INFRASTRUCTURE AND PLANNING LEGISLATION AMENDMENT ACT 2024

278Regulations dealing with transitional matters

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Part 2 of the Transport Infrastructure and Planning Legislation Amendment Act 2024, including any repeals and amendments made by or as a result of the enactment of that Act.

(2)Regulations made under this section may—

(a)have a retrospective effect to a day on or after a date not earlier than the day on which the Transport Infrastructure and Planning Legislation Amendment Act 2024 receives the Royal Assent;

(b)be of limited or general application;

(c)differ according to time, place or circumstances;

(d)leave any matter or thing to be decided by a specified person or class of person.

(3)Regulations under this section have effect despite anything to the contrary in—

(a)this Act or any other Act (other than the Transport Infrastructure and Planning Legislation Amendment Act 2024 or the Charter of Human Rights and Responsibilities Act 2006); or

(b)any subordinate instrument.

(4)The following are not required for any proposed statutory rule that is to be made under this section—

(a)consultation under section 6 of the Subordinate Legislation Act 1994;

(b)the preparation of a regulatory impact statement under section 7 of the Subordinate Legislation Act 1994.

279Repeal of this Part

This Part is repealed on the second anniversary of the day on which it comes into operation.

SCHEDULES

SCHEDULE 1—APPLICABLE LAWS AND APPLICABLE APPROVALS

TABLE

Column 1

Applicable law

Column 2

Applicable approval

Marine and Coastal Act 2018

A consent given in a coastal and marine management plan under section 62

A consent given under section 70.

A prescribed consent

Conservation, Forests and Lands Act 1987

Comment under section 66

Environment Protection Act 2017

Development licence under section 69

Permission under Chapter 4 that specifies the transport of priority waste or activities relating to septic tanks

Flora and Fauna Guarantee Act 1988

Permit under section 35

Licence under section 48(1)

Permit under section 48(2)

Licence or permit under section 53(1) to take, trade in or keep listed fish

Forests Act 1958

Licence or permit under section 52

Permit under section 59(1)

Authority under section 77

Heritage Act 2017

Permit under section 77

Permit under section 102

Consent under section 124

National Parks Act 1975

Permit under section 21(1)(a)

Approval under section 23

Consent under section 25

Consent under section 27

Planning and Environment Act 1987

Preparation, approval and adoption of a planning scheme or an amendment to a planning scheme under sections 8, 29 and 35

Granting and issue of a planning permit under section 61

Road Management Act 2004

Consent under clause 1 of Schedule 2

Decision under clause 2 of Schedule 2

Consent under clause 16 of Schedule 7

Water Act 1989

Licence under section 51

Licence under section 67

Wildlife Act 1975

Authority under section 21(1), (2) or (3)

Licence under section 22(1)

Authorisation under section 28A

*                *                *                *                *

═══════════════

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: 13 August 2009

Legislative Council: 3 September 2009

The long title for the Bill for this Act was "A Bill for an Act to facilitate the development of major transport projects and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 13 August 2009

Legislative Council: 3 September 2009

Absolute majorities:

Legislative Assembly: 3 September 2009

Legislative Council: 17 September 2009

The Major Transport Projects Facilitation Act 2009 was assented to on 29 September 2009 and came into operation on 1 November 2009: Government Gazette 29 October 2009 page 2729.

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 Major Transport Projects Facilitation Act 2009 by Acts and subordinate instruments.

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

Major Transport Projects Facilitation Act 2009, No. 56/2009

Assent Date:	29.9.09
Commencement Date:	S. 278(6) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1
Note:	S. 278(6) repealed s. 278 on 1.12.23
Current State:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 2 item 33) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

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

Assent Date:	15.12.09
Commencement Date:	S. 43 on 17.12.09: Government Gazette 17.12.09 p. 3339
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

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

Assent Date:	2.3.10
Commencement Date:	Ss 25(5)(Sch. 2 item 7), 203(1)(Sch. 6 item 30) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010

Assent Date:	18.5.10
Commencement Date:	S. 85 on 22.5.10: Government Gazette 20.5.10 p. 988
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Marine Safety Act 2010, No. 65/2010

Assent Date:	28.9.10
Commencement Date:	S. 420(Sch. 3 item 11) on 1.7.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

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 5, Sch. 2 item 3 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

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

Assent Date:	23.4.13
Commencement Date:	S. 60 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Major Transport Projects Facilitation Amendment (East West Link and Other Projects) Act 2013, No. 49/2013

Assent Date:	10.9.13
Commencement Date:	Ss 4–71 on 25.9.13: Special Gazette (No. 337) 24.9.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	Ss 3(Sch. 1 item 30), 4(Sch. 2 item 28) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

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

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 105) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 33) on 1.8.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Heritage Act 2017, No. 7/2017

Assent Date:	15.3.17
Commencement Date:	S. 302 on 1.11.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

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

Assent Date:	24.10.17
Commencement Date:	S. 83 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Marine and Coastal Act 2018, No. 26/2018

Assent Date:	26.6.18
Commencement Date:	S. 93 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:	28.8.18
Commencement Date:	S. 41 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019

Assent Date:	26.3.19
Commencement Date:	S. 44 on 8.7.19: Special Gazette (No. 282) 2.7.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

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

Assent Date:	26.3.19
Commencement Date:	S. 113 on 19.2.20: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Major Transport Projects Facilitation Amendment Act 2019, No. 10/2019

Assent Date:	7.5.19
Commencement Date:	Ss 4–11 on 8.5.19: s. 2
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019

Assent Date:	10.9.19
Commencement Date:	S. 51 on 1.6.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019

Assent Date:	6.11.19
Commencement Date:	S. 117(Sch. 1 item 8) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1
Current State:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 26) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 67) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

North East Link Act 2020, No. 18/2020

Assent Date:	10.6.20
Commencement Date:	S. 136 on 1.3.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Suburban Rail Loop Act 2021, No. 43/2021

Assent Date:	19.10.21
Commencement Date:	Ss 133–217 on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1
Current State:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Statute Law Revision Act 2024, No. 13/2024

Assent Date:	23.4.24
Commencement Date:	S. 3(Sch. 1 item 10) on 24.4.24: s. 2
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

Transport Infrastructure and Planning Legislation Amendment Act 2024, No. 48/2024

Assent Date:	26.11.24
Commencement Date:	Ss 3–18, 21–36, 39–44 on 27.11.24: s. 2(1); ss 19, 20, 37, 38 on 1.7.25: Special Gazette (No. 308) 17.6.25 p. 1
CurrentState:	This information relates only to the provision/s amending the Major Transport Projects Facilitation Act 2009

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

3   Explanatory details

No entries at date of publication.