Major Transport Projects Facilitation (Notification) Regulations 2013 (Vic)

Version No. 001

Major Transport Projects Facilitation (Notification) Regulations 2013

S.R. No. 130/2013

Version as at

22 October 2013

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Definition

4Examples of methods of giving a copy of a notice under section 47 of the Act

5Identity or location of owner or occupier not known—
section 47

6Examples of methods of giving notice of publication under section 62 of the Act

7Identity or location of owner or occupier not known—
section 62

8Notice may be addressed to "the owner" or "the occupier"
of land

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Major Transport Projects Facilitation (Notification) Regulations 2013

S.R. No. 130/2013

Version as at

22 October 2013

1Objective

The objective of these Regulations is to prescribe examples of methods of giving notice for the purposes of sections 47(1)(b)(ii) and 62(3)(b)(iii) and (iv) of the Major Transport Projects Facilitation Act 2009.

2Authorising provision

These Regulations are made under section 266 of the Major Transport Projects Facilitation Act 2009.

3Definition

In these Regulations—

the Actmeans the Major Transport Projects Facilitation Act 2009.

4Examples of methods of giving a copy of a notice under section 47 of the Act

Without limiting section 47 of the Act, giving a copy of a notice for the purposes of section 47(1)(b)(ii) of the Act to an owner or occupier of land referred to in section 47(1)(b)(ii) may include the following—

(a)delivering it personally to the owner or occupier;

(b)leaving it at the usual or last known place of residence of the owner or occupier with a person over the age of 16 years and apparently residing at that place;

(c)leaving it at the usual or last known place of business of the owner or occupier with a person over the age of 16 years and apparently in charge of or employed at that place;

(d)sending it by post, addressed to the usual or last known place of residence or business of the owner or occupier;

(e)if the owner or occupier has given an alternative address to the project proponent, sending it by post to that address.

5Identity or location of owner or occupier not known—section 47

(1)This regulation applies if a project proponent of a declared project does not know the identity or location of an owner or occupier of land referred to in section 47(1)(b)(ii) of the Act after making reasonable efforts to identify the identity or location of the owner or occupier.

(2)Without limiting section 47 of the Act, the giving of a copy of a notice for the purposes of section 47(1)(b)(ii) of the Act to the owner or occupier may include the following—

(a)publishing a copy of the notice, indicating that it is addressed to the owner or occupier (either individually or as part of a group of owners and occupiers), in a newspaper circulating generally throughout Victoria and in at least one newspaper circulating in the area where the land is located;

(b)affixing a copy of the notice in a prominent place on the land.

6Examples of methods of giving notice of publication under section 62 of the Act

Without limiting section 62 of the Act, giving notice of publication for the purposes of section 62(3)(b)(iii) or (iv) of the Act to an owner or occupier of land that is or will be materially affected by a declared project may include the following—

(a)delivering a copy of the notice of publication personally to the owner or occupier;

(b)leaving a copy of the notice of publication at the usual or last known place of residence of the owner or occupier with a person over the age of 16 years and apparently residing at that place;

(c)leaving a copy of the notice of publication at the usual or last known place of business of the owner or occupier with a person over the age of 16 years and apparently in charge of or employed at that place;

(d)sending a copy of the notice of publication by post, addressed to the usual or last known place of residence or business of the owner or occupier;

(e)if the owner or occupier has given an alternative address to the project proponent, sending a copy of the notice of publication by post to that address.

7Identity or location of owner or occupier not known—section 62

(1)This regulation applies if a project proponent of a declared project does not know the identity or location of an owner or occupier of land referred to in section 62(3)(b)(iii) or (iv) of the Act after making reasonable efforts to identify the identity or location of the owner or occupier.

(2)Without limiting section 62 of the Act, the giving of notice of publication for the purposes of section 62(3)(b)(iii) or (iv) of the Act to the owner or occupier may include the following—

(a)publishing a copy of the notice of publication, indicating that it is addressed to the owner or occupier (either individually or as part of a group of owners and occupiers), in a newspaper circulating generally throughout Victoria and in at least one newspaper circulating in the area where the land is located;

(b)affixing a copy of the notice of publication in a prominent place on the land.

8Notice may be addressed to "the owner" or "the occupier" of land

Without limiting sections 47 and 62 of the Act, a copy of a notice for the purposes of section 47(1)(b)(ii) of the Act, or a notice of publication for the purposes of section 62(3)(b)(iii) or (iv) of the Act, may be addressed by using the words "the owner" or "the occupier" of the land (describing the land) in respect of which the notice is given, without further name or description.

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ENDNOTES

1.     General Information

The Major Transport Projects Facilitation (Notification) Regulations 2013, S.R. No. 130/2013 were made on 22 October 2013 by the Governor in Council under section 266 of the Major Transport Projects Facilitation Act 2009, No. 56/2009 and came into operation on 22 October 2013.

The Major Transport Projects Facilitation (Notification) Regulations 2013 will sunset 10 years after the day of making on 22 October 2023 (see section 5 of the Subordinate Legislation Act 1994).

2.     Table of Amendments

There are no amendments made to the Major Transport Projects Facilitation (Notification) Regulations 2013 by statutory rules, subordinate instruments and Acts.

3.     Explanatory Details

No entries at date of publication.