Melbourne City Link Act 1995 (Vic)
Version No. 109H
Melbourne City Link Act 1995
No. 107 of 1995
Version incorporating amendments as at
13 August 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Objects of Act
5Transport Integration Act 2010
6The Project
6BFunctions and powers of the Head, Transport for Victoria
10Link corporation
11Link operator
12Powers of delegation or sub-delegation
12AExtension corporation
12BExtension operator
12CPowers of delegation of Extension corporation
12DCertain instruments are not legislative instruments under Subordinate Legislation Act 1994
13Act to bind Crown
Part 2—Ratification of Agreements
14Ratification of the Agreement
15Variation of the Agreement,
15ARatification of the Integration and Facilitation Agreement
15BVariation of the Integration and Facilitation Agreement,
15CRatification of the Extension Agreement
15DVariation of the Extension Agreement,
16Agreements to prevail if inconsistent with Act
17Modification of law of Victoria
18Enforcement of Agreements
18APublication of agreements as amended
18BAgreement as evidence
19Specific performance
20Restrictions on acquisition of units in Trust
Part 2A—Reservation of land for the Project
Division 1—Land to be reserved
20ARevocation of existing reservations of certain land and re‑reservation of that land for the Project
20AAFurther revocation of existing reservations of land and re‑reservation of that land for the Project
20BASurrender and reservation of land for the purposes of the Project
20CReservation of land for the purposes of the Project
Division 2—Management of reserved land and other matters
20DCommittees of management of reserved land
20EIssue of licences in respect of reserved land
20FCertain Acts not to apply to licensed areas
20GAction by Registrar of Titles
Part 2B—Link Upgrade Project
Division 1—Introductory
21Definitions
Division 2—General powers of the Head, Transport for Victoria
22Head, Transport for Victoria appointed committee of management
23Temporary access to Crown land
Division 3—Licences
24Application
25Head, Transport for Victoria may issue licence for purposes of Link Upgrade Project
26Term of licence
27Conditions of licence—general
28Conditions on licence over stratum of land
29Ability to mortgage licence
30Amendment of licence
31Termination of licence
32Renewal of licence
33Act to apply as if Link Upgrade licensed land were leased land
Division 4—Construction permits
34Construction permit
35Land to which permit can apply
36Conditions on permit
37Cancellation of permit
Division 5—Statutory powers and exemptions
38Application of planning laws
39Approvals of public bodies not required
40Application of Building Act 1993
41Application of mineral resources and extractive industry Acts
42Application of South Melbourne Land Act 1986
43Application of Heritage Act 2017
Division 7—Interface with Utilities
Subdivision 1—Introduction
46Certain powers of Utilities not affected
Subdivision 2—Consent of Link corporation
47Utility to obtain consent of Link corporation
48Utility may refer matter to Ministers for determination
Subdivision 3—Agreements between Link corporation and Utility
49Agreements in relation to Link Upgrade construction area
50What can a Utility agreement provide for?
51Requirements for Utility agreements
52Utility agreements must be approved by the Head, Transport for Victoria
53Utility agreement may be amended
Subdivision 4—Notified Utility infrastructure
54Duty to identify Utility infrastructure
55Link corporation to give notice
56Duty of Utility to give notice
56ACopies of notices to be given to the Head, Transport for Victoria
56BLink corporation to consult and seek agreement
56CReferral to Ministers for determination if no agreement
56DPower of Minister to direct Utility
56EDirection to Link corporation
56FRequirements for directions
56GDirection to prevail over requirement to consent
Subdivision 5—Unnotified Utility infrastructure
56HDuties of Link corporation
56ILink corporation to give notice
56JUtility agreement may be entered into
56KNotice to Minister if Utility cannot be found or fails to respond
56LMinister may direct Utility to carry out works
56MDirection to Link corporation after notice to Minister
56NDirection to Link corporation after application to Minister
56ORequirements for directions
56PDirection to prevail over requirement to consent
Subdivision 6—Liability for costs
56QLink corporation to be liable for certain relocation and rectification costs
56RStandard to apply to relocation or rectification
56SUtility liable for differential if it requests upgrade
56TUtility liable for delay costs
56ULimitation of liability
56VDispute as to cost of relocation or rectification
56WCertification of work
56XReferral of matters by Utilities to Ministers for determination
56YReferral of matters by Link corporation to Ministers for determination
56ZLink corporation no longer liable if work satisfactory
Subdivision 7—Dispute resolution
56ZAWho can determine matters referred to the Ministers?
56ZBWhat must be considered in determining a matter?
56ZCRequirements for determinations
56ZDDetermination to prevail over inconsistent laws
Division 8—Emergency orders
56ZEEmergency orders
56ZFService of emergency order
56ZGPeriod of operation of emergency order
56ZHOffence to fail to comply with emergency order
56ZIRequest for police assistance
Division 9—Actions by public bodies
56ZJBodies may be required to act
Division 10—Revocation of reservation and interim operation
56ZKRevocation of reservation on termination of licence
56ZLInterim operation
Part 2C—City Link Tullamarine Widening Project
Division 1—Preliminary
56ZMDefinitions
56ZNPlans of project land and project licence must be available for inspection
Division 2—Revocation of reservation on expiry of project licence
56ZORevocation of reservation on expiry of project licence
56ZPInterim operation
Part 3—Leased land
Division 8—Powers over land
57Approvals not required
60Leasing powers
61Declaration of Link road
61APower to revoke certain declarations of Link road
62Road operation and management powers in relation to leased land
Division 9—Other provisions relating to buildings and land
64Certain Acts not to apply
64APower to revoke reservations under the Crown Land (Reserves) Act 1978
65Action by Registrar of Titles
Part 4—Tolls
Division 1—Definitions
69Definitions
69ADeclaration as to relevant corporations
69BAuthorisation of authorised persons
Division 2—Fixing and enforcement of tolls
70Relevant corporation may fix, charge and collect tolls and toll administration fees
71Fixing of tolls and toll administration fees
72Liability to pay toll and toll administration fees
72AACancellation of acceptance of statement
72ABOffence to provide false or misleading information
72AExemptions from toll administration fee
72BCharge of toll
72CMinimum debt recovery requirements
73Offence to drive unregistered vehicle in toll zone
73ARegistration of vehicles
73BOn-going registration
73CTemporary registration
73DInformation to be given in relation to registration
73ECancellation or suspension of registration
74Offence to tamper with prescribed devices
75Offence to fraudulently induce registration
76Payment of prescribed administrative amount
77Relevant corporation or authorised person may notify enforcement agency of non-payment of toll
78Disputes in relation to payment of tolls
79Enforcement agency may authorise persons
80Power to serve a notice
80AToll administration infringement notice
82Prescribed penalty
84Payment of penalty and other amounts
85Notice not to prejudice further proceedings
86Application of Infringements Act 2006 or Fines Reform Act 2014 procedure
87Offences detected by prescribed tolling device
87AExtension of time if no actual notice for offence to drive unregistered vehicle in toll zone
88Proof that vehicle driven in toll zone
89General evidentiary provisions
Division 3—Disclosure of certain information
90Secretary may disclose certain information
91Secretary must disclose certain interstate information
Division 4—Records
92Relevant corporation to keep proper records
93Destruction of records
Division 5—Link roaming agreements
93AADefinitions
93ABRoaming fees
93ACDetermination of net incremental marginal cost
Division 6—West Gate Tunnel roaming agreements
93ADDefinitions
93AERoaming fees
93AFDetermination of net incremental marginal cost
Division 7—North East Link roaming agreement
93AGDefinitions
93AHMaking North East Link roaming agreement
93AIRoaming fees
93AJDetermination of net incremental marginal cost
Part 4A—Exhibition Street Extension Project
Division 1—Exhibition Street Extension Project and Extension Project area
93AExhibition Street Extension Project
Division 3—Management of Exhibition Street Extension
93GLease of land in Extension Project area
93HDeclaration of Extension road
93HAPower to revoke certain declarations of Extension road
93IRoad operation powers
93JAction by Registrar of Titles
Part 5—General
94Link corporation and others to have same protections and immunities as the Head, Transport for Victoria
95Link corporation, licensee and lessee not liable for obstruction of rivers
96Taxes and charges
98Emergency management
99Restrictions on exercise of certain powers
100Powers of certain bodies extended
102Dispute resolution
103Limitation on Council powers
104Limitation on powers to make local laws
114ARemoval of stationary vehicles
114BRemoval of abandoned property
115Certificates for the purposes of evidence
115ACertificates for purposes of evidence—Head, Transport for Victoria and Secretary
116Proceedings
116AService of notices
117Supreme Court—limitation of jurisdiction
117ASupreme Court—limitation of jurisdiction
118Regulations
Part 6—Transitional provisions
119Effect of agreements—Melbourne City Link (Miscellaneous Amendments) Act 2000
120Application of amendments made by the Road Safety (Amendment) Act 2003
121Transitional provision—Transport Legislation (Miscellaneous Amendments) Act 2004
122Transitional provision—Transport Legislation (Amendment) Act 2004
123Transitional provision—Road Legislation (Projects and Road Safety) Act 2006
124Transitional provisions—Road Legislation Amendment Act 2007
125Transitional provisions—Road Legislation Further Amendment Act 2007
Schedules
Schedule 2—Unit Trust
Schedule 8—Further revocation of reservations
Schedule 9—Further revocation of reservation
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 109H
Melbourne City Link Act 1995
No. 107 of 1995
Version incorporating amendments as at
13 August 2025
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to ratify the Agreement for the Melbourne City Link Project; and
* * * * *
(c)to give the Link corporation certain powers in relation to certain roads; and
(d)to empower the fixing, charging and collection of tolls in relation to the use of vehicles on toll zones.
2Commencement
(1)Parts 1 and 2 and Schedules 1 and 2 come into operation on the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.
3Definitions
In this Act—
* * * * *
arterial road has the same meaning as in the Road Management Act 2004;
authorised police officer means the Chief Commissioner of Police and any police officer of the rank of inspector or above who is appointed by the Chief Commissioner to be an authorised police officer for the purposes of Division 3 of Part 4;
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Burnley office site means all the land in Crown Allotment 1C of 39A, Parish of Jika Jika, City of Richmond;
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Council has the same meaning as in the Local Government Act 2020;
Crown land includes a stratum of Crown land;
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Customer service site means the land shown hatched on sheets 1 and 2 of the plan numbered LEGL./98–74 and lodged in the Central Plan Office but does not include any part of that land which is part of the Link road;
* * * * *
Director, Fines Victoria has the same meaning as Director has in section 3 of the Fines Reform Act 2014;
* * * * *
enforcement agency means the Chief Commissioner of Police or, if another person is prescribed by the regulations to be the enforcement agency with respect to all or any part of the enforcement agency's functions, that other person in respect of those functions;
enforcement officer means a person authorised by an enforcement agency under section 79 and includes, in relation to an infringement notice issued under section 80A, a person authorised under section 116(1A);
ESEP project document has the same meaning as in the Extension Agreement;
Extension corporation means the person who, for the time being, is the Extension corporation under section 12A;
Extension operator means the person who, for the time being, is the Extension operator under section 12B;
* * * * *
Extension road means land declared under section 93H to be a road and includes any part of that land;
Exhibition Street Extension Project has the meaning given by section 93A;
Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;
* * * * *
land includes a stratum of land;
leased land means land which is the subject of a lease granted under section 60 or 93G;
lessee means a person who is for the time being the lessee under a lease granted under section 60 or 93G;
licence holder means a person who is, for the time being, the holder of a licence issued under section 20E;
licence plate number, in relation to a vehicle, means the registration number of the vehicle assigned by the relevant vehicle registration authority;
licensed area means land which is the subject of a licence issued under section 20E;
licensed land means land which was the subject of a licence issued under section 56 as in force at any time before the commencement of section 10 of the Melbourne City Link (Miscellaneous Amendments) Act 2000;
licensee means a person who was the holder of a licence issued under section 56 as in force at any time before the commencement of section 10 of the Melbourne City Link (Miscellaneous Amendments) Act 2000;
Link control site means the land shown hatched on the plan numbered LEGL/.97–60 and lodged in the Central Plan Office but does not include any part of that land which is part of the Link road;
Link corporation means the person who, for the time being, is the Link corporation under section 10;
Link operator means the person who, for the time being, is the Link operator under section 11;
Link road means land declared under section 61 to be a road and includes any part of that land;
Link Upgrade Project has the same meaning that it has in Schedule 5A to the Road Management Act 2004;
police officer has the same meaning as in the Victoria Police Act 2013;
* * * * *
public authority means any of the following—
(a)a public statutory authority;
(b)a State business corporation or a State body within the meaning of the State Owned Enterprises Act 1992;
* * * * *
* * * * *
* * * * *
* * * * *
(g)a metropolitan water corporation within the meaning of the Water Act 1989;
public body means any of the following—
(a)a public authority;
(b)a generation company, distribution company or transmission company within the meaning of section 3 of the Electricity Industry Act 2000;
(ba)a gas distribution company or a gas transmission company within the meaning of the Gas Industry Act2001;
(c)a Council;
(d)a committee of management under the Crown Land (Reserves) Act 1978;
(e)the holder of a licence under the Pipelines Act 2005;
(f)the Corporation within the meaning of the National Rail Corporation (Victoria) Act 1991;
(g)a passenger transport company within the meaning of the Transport (Compliance and Miscellaneous) Act1983;
public statutory authority means any body (including any trust) established by or under an Act for a public purpose;
relevant corporation—
(a)for the purposes of Part 4 (except sections 70 and 71)—
(i)in relation to the Link road or the Extension road, means the Link Corporation if no notice under section 69A(1) is in effect; and
(ii)if a notice under section 69A(1) has taken effect and no notice under section 69A(2) is in effect—
(A)in relation to the Link road, means the Link corporation; and
(B)in relation to the Extension road, means the Extension corporation; and
(b)for the purposes of the rest of this Act (including sections 70 and 71)—
(i)in relation to the Link road, means the Link corporation; and
(ii)in relation to the Extension road, means the Extension corporation;
reserved land means land that, by the operation of Part 2A, is or is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project;
* * * * *
* * * * *
* * * * *
* * * * *
Secretary means the Secretary to the Department of Transport and Planning;
* * * * *
stratum of Crown land means a stratum of land which 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;
* * * * *
the Agreement means the agreement for the Melbourne City Link Project, a copy of which was set out in Schedule 1 to this Act as enacted, and the exhibits to that agreement, or, if all or any of the provisions of that agreement or those exhibits are added to, substituted, cancelled or varied (whether or not the addition, substitution, cancellation or variation is effected by way of the Integration and Facilitation Agreement or otherwise), that agreement and those exhibits as so varied[1];
the Extension Agreement means the agreement for the Exhibition Street Extension Project, and the exhibit to that agreement, a copy of which was set out in Schedule 6 to this Act as enacted by section 40 of the Melbourne City Link (Exhibition Street Extension) Act 1998 or, if all or any of the provisions of that agreement, or that exhibit, are added to, substituted, cancelled or varied (whether or not the addition, substitution, cancellation or variation is effected by way of the Integration and Facilitation Agreement or otherwise) that agreement and exhibit as so varied;
the Integration and Facilitation Agreement means the agreement for integrating and facilitating the Project and the Exhibition Street Extension Project, a copy of which was set out in Schedule 5 to this Act as enacted by section 40 of the Melbourne City Link (Exhibition Street Extension) Act 1998, or, if all or any of the provisions of that agreement are added to, substituted, cancelled or varied, that agreement as so varied;
the Projecthas the meaning given by section 6;
toll zone means a toll zone specified under section 71(1)(a);
vehicle has the same meaning as motor vehicle has in the Road Safety Act 1986.
4Objects of Act
The objects of this Act are—
* * * * *
(b)to authorise and facilitate the operation and management of the Link road and the tolling of the use of vehicles on the Link road by the Link corporation; and
(c)to grant a concession to Transurban City Link Limited A.C.N. 070 810 678 in accordance with the Agreement; and
(d)to authorise and facilitate the operation and management of the Extension road and the tolling of the use of vehicles on the Extension road by the Extension corporation; and
(e)to grant a concession to City Link Extension Pty Ltd A.C.N. 082 058 615 in accordance with the Extension Agreement.
5Transport Integration Act 2010
This Act is transport legislation within the meaning of the Transport Integration Act 2010.
6The Project
(1)In this Act a reference to the Project is a reference to the project, as described in the Agreement, for—
(a)a southern link involving a freeway link connecting the West Gate Freeway east of Kingsway to the South Eastern Arterial incorporating road tunnels passing under Kings Domain and the Yarra River and South Richmond and upgrading of part of the South Eastern Arterial west of Toorak Road; and
(b)a western link involving upgrading of part of the Tullamarine Freeway, from near Bulla Road to Flemington Road and a link from Flemington Road to Footscray Road and to the West Gate Freeway.
(2)In this Act, a reference to the Project includes a reference to the Link Upgrade Project.
* * * * *
6BFunctions and powers of the Head, Transport for Victoria
(1)The Head, Transport for Victoria has the following functions—
(a)on behalf of the Crown, to administer and manage contractual arrangements between the Crown and the Link corporation and between the Crown and the Extension corporation;
(b)to make recommendations regarding those contractual arrangements to the Minister;
(c)to manage the responsibilities of the Crown in relation to the completion of the construction of the Project and the Exhibition Street Extension Project;
(d)to manage the responsibilities of the Crown in relation to the operation of the Project and the Exhibition Street Extension Project;
(e)to make recommendations to the Minister on public safety issues relating to the Project and the Exhibition Street Extension Project;
(f)to manage, on behalf of the Crown, regulatory issues arising from the operation of the Link road and the operation of the Extension road;
(g)to undertake any other function conferred on the Head, Transport for Victoria by or under this or any other Act.
* * * * *
(3)The Head, Transport for Victoria must comply with any directions given by the Minister, including any direction relating to the provision of information or reports concerning the exercise of its powers and the performance of its functions.
* * * * *
* * * * *
10Link corporation
(1)Subject to this section, the Link corporation for the purposes of this Act is CityLink Melbourne Limited A.C.N. 070 810 678.
(2)If the person who is, for the time being, the Link corporation agrees to the declaration of another person as the Link corporation in its place, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Link corporation for the purposes of this Act.
(3)If, under the Master Security Deed within the meaning of the Agreement, a person is entitled to nominate the appointment of another person in the place of the Link corporation, the Minister may, by Order published in the Government Gazette, declare that other person to be the Link corporation for the purposes of this Act.
(4)If the Agreement is terminated, the Governor in Council may, by Order published in the Government Gazette—
(a)declare that the person who, immediately before the termination, was the Link corporation has ceased to be the Link corporation; and
(b)declare a person specified in the Order to be the Link corporation for the purposes of this Act.
(5)An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.
(6)The person who is for the time being the Link corporation is not a public authority within the meaning of any Act or enactment by reason only that it is the Link corporation.
11Link operator
(1)Subject to this section, the Link operator for the purposes of this Act is TransLink Operations Pty Ltd A.C.N. 069 691 514.
(2)If the person who is, for the time being, the Link corporation agrees to the declaration of another person as the Link operator, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Link operator for the purposes of this Act.
(3)If, under the Master Security Deed within the meaning of the Agreement, a person is entitled to nominate the appointment of another person in the place of the Link operator, the Minister may, by Order published in the Government Gazette, declare that other person to be the Link operator for the purposes of this Act.
(4)If the Agreement is terminated, the Governor in Council may, by Order published in the Government Gazette—
(a)declare that the person who, immediately before the termination, was the Link operator has ceased to be the Link operator; and
(b)declare a person specified in the Order to be the Link operator for the purposes of this Act.
(5)An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.
(6)The person who is for the time being the Link operator is not a public authority within the meaning of any Act or enactment by reason only that it is the Link operator.
12Powers of delegation or sub-delegation
(1)The Link corporation may by instrument delegate to the Link operator referred to in section 11—
(a)any road operation and management powers within the meaning of section 62 conferred on the Link corporation;
(b)any of its powers and functions under Part 4, except section 71;
(c)any of its powers and functions under the regulations made under section 56 of the Transport (Compliance and Miscellaneous) Act 1983 or under the regulations made under section 132 of the Road Management Act 2004;
(d)any of its powers and functions under section 43 of the Accident Towing Services Act 2007.
(1A)The Link corporation may, by instrument, sub‑delegate to the Link operator or the Extension operator all or any of the following powers—
(a)any road operation and management powers within the meaning of section 93I conferred on the Extension corporation, and, which have been delegated by the Extension corporation to the Link corporation;
(b)any of the Extension corporation's powers under Part 4 (except the power to fix tolls), which have been delegated by the Extension corporation to the Link corporation;
(c)any of the Extension corporation's powers and functions under regulations made under section 56 of the Transport (Compliance and Miscellaneous) Act 1983 or under the regulations made under section 132 of the Road Management Act 2004, which have been delegated by the Extension corporation to the Link corporation;
(d)any of the Extension corporation's powers and functions under section 43 of the Accident Towing Services Act 2007, which have been delegated by the Extension corporation to the Link corporation.
(2)If the Link corporation delegates or sub-delegates any power or function under this section, the Link corporation must publish a notice of that delegation or sub-delegation in the Government Gazette.
12AExtension corporation
(1)Subject to this section, the Extension corporation for the purposes of this Act is City Link Extension Pty Ltd A.C.N. 082 058 615.
(2)If the person who is, for the time being, the Extension corporation agrees to the declaration of another person as the Extension corporation in its place, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Extension corporation for the purposes of this Act.
(3)If, under the Master Security Deed within the meaning of the Extension Agreement, a person is entitled to nominate the appointment of another person in the place of the Extension corporation, the Minister may, by Order published in the Government Gazette, declare that other person to be the Extension corporation for the purposes of this Act.
(4)If the Extension Agreement is terminated, the Governor in Council may, by Order published in the Government Gazette—
(a)declare that the person who, immediately before the termination, was the Extension corporation has ceased to be the Extension corporation; and
(b)declare a person specified in the Order to be the Extension corporation for the purposes of this Act.
(5)An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.
(6)The person who is for the time being the Extension corporation is not a public authority within the meaning of any Act or enactment by reason only that that person is the Extension corporation.
12BExtension operator
(1)Subject to this section, the Extension operator for the purposes of this Act is TransLink Operations Pty Ltd A.C.N. 069 691 514.
(2)If the person who is, for the time being, the Extension operator agrees to the declaration of another person as the Extension operator, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Extension operator for the purposes of this Act.
(3)If, under the Master Security Deed within the meaning of the Extension Agreement, a person is entitled to nominate the appointment of another person in the place of the Extension operator, the Minister may, by Order published in the Government Gazette, declare that other person to be the Extension operator for the purposes of this Act.
(4)If the Extension Agreement is terminated, the Governor in Council may, by Order published in the Government Gazette—
(a)declare that the person who, immediately before the termination, was the Extension operator has ceased to be the Extension operator; and
(b)declare a person specified in the Order to be the Extension operator for the purposes of this Act.
(5)An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.
(6)The person who is for the time being the Extension operator is not a public authority within the meaning of any Act or enactment by reason only that that person is the Extension operator.
12CPowers of delegation of Extension corporation
(1)The Extension corporation may, by instrument, delegate to—
(a)the Link corporation; or
(b)the Extension operator—
all or any of the following powers—
(c)any road operation and management powers within the meaning of section 93I conferred on the Extension corporation;
(d)any of its powers and functions under Part 4 (except the power to fix tolls);
(e)any of its powers and functions under the regulations made under section 56 of the Transport (Compliance and Miscellaneous) Act 1983 or under the regulations made under section 132 of the Road Management Act 2004;
(f)any of its powers and functions under section42(3) of the Accident Towing Services Act 2007.
(2)If the Extension corporation delegates any power or function under this section, the Extension corporation must publish a notice of that delegation in the Government Gazette.
12DCertain instruments are not legislative instruments under Subordinate Legislation Act 1994
The following instruments made under this Act are not legislative instruments for the purposes of the Subordinate Legislation Act 1994—
(a)an agreement to vary all or any of the provisions of the Agreement under section 15(1);
(b)a variation of all or any of the provisions of the Agreement under section 15(1A);
(c)an agreement to vary all or any of the provisions of the Integration and Facilitation Agreement under section 15B(1);
(d)a variation of all or any of the provisions of the Integration and Facilitation Agreement made under section 15B(2);
(e)an agreement to vary all or any of the provisions of the Extension Agreement under section 15D(1);
(f)a variation of all or any of the provisions of the Extension Agreement made under section 15D(2).
13Act to bind 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—RATIFICATION OF AGREEMENTS
14Ratification of the Agreement
(1)The Agreement is ratified and takes effect as if it had been enacted in this Act.
(2)The Minister—
(a)is deemed to have been authorised to enter into, for and on behalf of the State, any Project Document within the meaning of the Agreement that was entered into by the Minister before the commencement of this section; and
(b)may, with the approval of the Treasurer, enter into, for and on behalf of the State, any other Project Document within the meaning of the Agreement.
(3)The Government, its Ministers and its public authorities, will do all things necessary and practicable to ensure that the State and all its public authorities facilitate the implementation of the Agreement and to enable the State to discharge its obligations under the Agreement.
(4)Any amount that the State is required to pay under or arising out of the Agreement, or an agreement referred to in subsection (2), is payable from the Consolidated Fund which is, to the necessary extent, appropriated accordingly.
15Variation of the Agreement[2], [3]
(1)Any 2 or more of the persons who are parties to the Agreement, or any part of it, may, from time to time, by agreement in writing and, if the State is not one of those persons, with the consent of the Minister, vary all or any of the provisions of the Agreement that affect those persons.
(1A)All or any of the provisions of the Agreement may be varied from time to time in accordance with the terms of the Agreement.
(1AAA)The Agreement is varied in accordance with the terms of the Integration and Facilitation Agreement and, if there is any variation of the Integration and Facilitation Agreement, in accordance with the terms of that variation, and the following subsections of this section do not apply to any such variation.
(1AA)A power under this section to vary the provisions of the Agreement extends to any agreement or variation necessary or convenient for purposes related to the implementation of the Exhibition Street Extension Project or the integration of that Project with the Project within the meaning of section 6.
(1B)The Minister must cause to be published in the Government Gazette a notice of an agreement under subsection (1) or a variation under subsection (1A), specifying the place or places at which a person may inspect the agreement or a statement of the variation.
(1C)An agreement or variation under subsection (1) or (1A) comes into operation—
(a)when the notice under subsection (1B) is published in the Government Gazette; or
(b)if a later day is specified in the agreement or in the statement of the variation, on that later day.
(2)The Minister must cause a copy of each agreement under subsection (1) and a statement of each variation under subsection (1A) as published under subsection (1B) to be laid before each House of the Parliament within 6 sitting days of the House next following the making of the agreement or variation.
(2A)The Minister must cause a copy of each agreement under subsection (1) and a statement of each variation under subsection (1A) as published under subsection (1B) to be sent to the Government Printer as soon as practicable after the making of the agreement or variation.
(3)An agreement or variation referred to in subsection (1) or (1A) may be revoked wholly or in part by resolution of either House of the Parliament passed within 6 sitting days of the House after a copy of the agreement or the statement of the variation is laid before that House.
(4)If an agreement or variation referred to in subsection (1) or (1A) is revoked wholly or in part under subsection (3)—
(a)a provision of the Agreement that had been cancelled or revoked by the agreement or variation, or by the part of the agreement or variation that is revoked, is revived as from the beginning of the day on which the agreement or variation, or part, was revoked; and
(b)a provision of the Agreement that had been varied (otherwise than by cancellation or revocation) by the agreement or variation, or by the part of the agreement or variation that is revoked, takes effect without that variation as from the beginning of the day on which the agreement or variation, or part, was revoked as if the variation had not been made.
(5)The Minister must cause to be published in the Government Gazette a notice of the revocation of an agreement or variation, or part of an agreement or variation.
(5A)For the avoidance of doubt—
(a)an agreement may be entered into, and is deemed always to have been authorised to be entered into, under subsection (1) in relation to the Link Upgrade Project; and
(b)a variation may be made, and is deemed always to have been authorised to be made, under subsection (1A) in relation to the Link Upgrade Project.
(6)In this section, vary includes amend, add to, substitute, cancel or revoke.
15ARatification of the Integration and Facilitation Agreement
(1)The Integration and Facilitation Agreement is ratified and takes effect as if it had been enacted in this Act.
(2)The Minister is deemed to have been authorised, for and on behalf of the State, to enter into the Integration and Facilitation Agreement.
(3)The Government, its Ministers and its public authorities, will do all things necessary and practicable to ensure that the State and all its public authorities facilitate the implementation of the Integration and Facilitation Agreement and to enable the State to discharge its obligations under the Integration and Facilitation Agreement.
(4)Any amount that the State is required to pay under or arising out of the Integration and Facilitation Agreement is payable from the Consolidated Fund which is, to the necessary extent, appropriated accordingly.
15BVariation of the Integration and Facilitation Agreement[4], [5]
(1)Any 2 or more persons who are parties to the Integration and Facilitation Agreement or any part of that agreement may, from time to time, by agreement in writing and, if the State is not one of those persons, with the consent of the Minister, vary all or any of the provisions of the Integration and Facilitation Agreement that affect those persons.
(2)All or any of the provisions of the Integration and Facilitation Agreement may be varied from time to time in accordance with the terms of the Integration and Facilitation Agreement.
(3)The Minister must cause to be published in the Government Gazette a notice of an agreement under subsection (1) or a variation under subsection (2), specifying the place or places at which a person may inspect that agreement or a statement of the variation.
(4)An agreement or variation under subsection (1) or (2) comes into operation—
(a)when the notice under subsection (3) is published in the Government Gazette; or
(b)if a later day is specified in the agreement or in the statement of the variation, on that later day.
(5)The Minister must cause a copy of each agreement under subsection (1) and a statement of each variation under subsection (2) as published under subsection (3) to be laid before each House of the Parliament within 6 sitting days of the House next following the making of the agreement or variation.
(5A)The Minister must cause a copy of each agreement under subsection (1) and a statement of each variation under subsection (2) as published under subsection (3) to be sent to the Government Printer as soon as practicable after the making of the agreement or variation.
(6)An agreement or variation referred to in subsection (1) or (2) may be revoked wholly or in part by resolution of either House of the Parliament passed within 6 sitting days of the House after a copy of the agreement or the statement of the variation is laid before that House.
(7)If an agreement or variation referred to in subsection (1) or (2) is revoked wholly or in part under subsection (6)—
(a)a provision of the Integration and Facilitation Agreement, the Agreement or the Extension Agreement that had been cancelled or revoked by the agreement or variation, or by the part of the agreement or variation that is revoked, is revived as from the beginning of the day on which the agreement or variation, or part, was revoked; and
(b)a provision of the Integration and Facilitation Agreement, the Agreement or the Extension Agreement that had been varied (otherwise than by cancellation or revocation) by the agreement or variation, or by the part of the agreement or variation that is revoked, takes effect without that variation as from the beginning of the day on which the agreement or variation, or part, was revoked as if the variation had not been made.
(8)The Minister must cause to be published in the Government Gazette a notice of the revocation of an agreement or variation, or part of an agreement or variation.
(8A)For the avoidance of doubt—
(a)an agreement may be entered into, and is deemed always to have been authorised to be entered into, under subsection (1) in relation to the Link Upgrade Project; and
(b)a variation may be made, and is deemed always to have been authorised to be made, under subsection (2) in relation to the Link Upgrade Project.
(9)In this section, vary includes amend, add to, substitute, cancel or revoke.
15CRatification of the Extension Agreement
(1)The Extension Agreement is ratified and takes effect as if it had been enacted in this Act.
(2)The Minister—
(a)is deemed to have been authorised to enter into, for and on behalf of the State, any ESEP project document that was entered into by the Minister before the commencement of section 11 of the Melbourne City Link (Exhibition Street Extension) Act 1998; and
(b)may, with the approval of the Treasurer, enter into, for and on behalf of the State, any other ESEP project document.
(3)The Government, its Ministers and its public authorities, will do all things necessary and practicable to ensure that the State and all its public authorities facilitate the implementation of the Extension Agreement and any ESEP project document and to enable the State to discharge its obligations under the Extension Agreement and any ESEP project document.
(4)Any amount that the State is required to pay under or arising out of the Extension Agreement, or any agreement referred to in subsection (2), is payable from the Consolidated Fund which is, to the necessary extent, appropriated accordingly.
15DVariation of the Extension Agreement[6], [7]
(1)Any 2 or more persons who are parties to the Extension Agreement, or any part of that agreement may, from time to time, by agreement in writing and, if the State is not one of those persons, with the consent of the Minister, vary all or any of the provisions of the Extension Agreement that affect those persons.
(2)All or any of the provisions of the Extension Agreement may be varied from time to time in accordance with the terms of the Extension Agreement.
(3)The Extension Agreement is varied in accordance with the terms of the Integration and Facilitation Agreement and, if there is any variation of the Integration and Facilitation Agreement, the Extension Agreement is varied in accordance with the terms of that variation, and the following subsections of this section do not apply to any such variation.
(4)The Minister must cause to be published in the Government Gazette a notice of an agreement under subsection (1) or a variation under subsection (2), specifying the place or places at which a person may inspect the agreement or a statement of the variation.
(5)An agreement or variation under subsection (1) or (2) comes into operation—
(a)when the notice under subsection (4) is published in the Government Gazette; or
(b)if a later day is specified in the agreement or in the statement of the variation, on that later day.
(6)The Minister must cause a copy of each agreement under subsection (1) and a statement of each variation under subsection (2) as published under subsection (4) to be laid before each House of the Parliament within 6 sitting days of the House next following the making of the agreement or variation.
(6A)The Minister must cause a copy of each agreement under subsection (1) and a statement of each variation under subsection (2) as published under subsection (4) to be sent to the Government Printer as soon as practicable after the making of the agreement or variation.
(7)An agreement or variation referred to in subsection (1) or (2) may be revoked wholly or in part by resolution of either House of the Parliament passed within 6 sitting days of the House after a copy of the agreement or the statement of the variation is laid before that House.
(8)If an agreement or variation referred to in subsection (1) or (2) is revoked wholly or in part under subsection (7)—
(a)a provision of the Extension Agreement that had been cancelled or revoked by the agreement or variation, or by the part of the agreement or variation that is revoked, is revived as from the beginning of the day on which the agreement or variation, or part, was revoked; and
(b)a provision of the Extension Agreement that had been varied (otherwise than by cancellation or revocation) by the agreement or variation, or by the part of the agreement or variation that is revoked, takes effect without that variation as from the beginning of the day on which the agreement or variation, or part, was revoked as if the variation had not been made.
(9)The Minister must cause to be published in the Government Gazette a notice of the revocation of an agreement or variation, or part of an agreement or variation.
(9A)For the avoidance of doubt—
(a)an agreement may be entered into, and is deemed always to have been authorised to be entered into, under subsection (1) in relation to the Link Upgrade Project; and
(b)a variation may be made, and is deemed always to have been authorised to be made, under subsection (2) in relation to the Link Upgrade Project.
(10)In this section, vary includes amend, add to, substitute, cancel or revoke.
16Agreements to prevail if inconsistent with Act
(1)If a provision of the Agreement, the Integration and Facilitation Agreement or the Extension Agreement is inconsistent with a provision of this Act—
(a)the provision of the Agreement, the Integration and Facilitation Agreement or the Extension Agreement (as the case requires) prevails; and
(b)the application of this Act is modified accordingly.
(2)Nothing in this section derogates from the operation of sections 14, 15A, 15C and 98 and Division 8 of Part 2B.
17Modification of law of Victoria
If a provision of the Agreement, the Integration and Facilitation Agreement or the Extension Agreement is inconsistent with a provision of an enactment or any other law of Victoria, the provision of the Agreement, the Integration and Facilitation Agreement or the Extension Agreement (as the case requires) prevails and the provision of the enactment or other law of Victoria is, to the extent of the inconsistency, modified accordingly.
18Enforcement of Agreements
(1)The Agreement may be enforced only by or on behalf of the State or another party to it or a successor or assign of another party.
(1A)The Integration and Facilitation Agreement may be enforced only by or on behalf of the State or another party to it or a successor or assign of another party.
(1B)The Extension Agreement may be enforced only by or on behalf of the State or another party to it or a successor or assign of another party.
(2)Neither the State nor a public authority is liable for the acts or omissions of—
(a)any other party to—
(i)the Agreement; or
(ii)the Integration and Facilitation Agreement; or
(iii)the Extension Agreement; or
(b)a licensee or a licence holder in relation to the Project.
18APublication of agreements as amended
(1)If an agreement under this Act has been varied, the Government Printer must reprint the agreement as so varied at the same time that this Act is reprinted.
(2)A document purporting to be printed by the Government Printer and to be a copy of a reprint of an agreement made in accordance with subsection (1) is, on the mere production of the document, admissible as evidence of the agreement before all courts or persons acting judicially within Victoria.
(3)In this section—
agreement means any of the following—
(a)the Agreement;
(b)the Extension Agreement;
(c)the Integration and Facilitation Agreement—
but does not include an exhibit to such an agreement;
vary includes amend, add to, substitute, cancel or revoke.
18BAgreement as evidence
(1)A document purporting to be certified by the Head, Transport for Victoria as a copy of an exhibit to an agreement or a variation to an agreement under this Act is admissible as evidence of the exhibit or variation (as the case may be) before all courts or persons acting judicially within Victoria.
(2)In this section—
agreement means any of the following—
(a)the Agreement;
(b)the Extension Agreement;
(c)the Integration and Facilitation Agreement—
but does not include an exhibit to such an agreement;
vary includes amend, add to, substitute, cancel or revoke.
19Specific performance
For the avoidance of doubt, it is declared that section 23(1) of the Crown Proceedings Act 1958 authorises the granting and enforcement of a decree of specific performance against the Crown in respect of the obligations of the State under the Agreement, the Integration and Facilitation Agreement and the Extension Agreement.
20Restrictions on acquisition of units in Trust
Schedule 2 applies in respect of units in the Trust constituted under the Unit Trust Deed entered into on 15 November 2001 by Transurban Infrastructure Management Limited ACN 098 147 678.
PART 2A—RESERVATION OF LAND FOR THE PROJECT
Division 1—Land to be reserved
20ARevocation of existing reservations of certain land and re‑reservation of that land for the Project
(1)On the coming into operation of section 6 of the Melbourne City Link (Further Amendment) Act 2001, the Order in Council specified in item 1 of Schedule 8 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./01–111 and lodged in the Central Plan Office.
(2)On the coming into operation of section 6 of the Melbourne City Link (Further Amendment) Act 2001, the Order in Council specified in item 2 of Schedule 8 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./01–113 lodged in the Central Plan Office.
(3)Despite anything to the contrary in the Crown Land (Reserves) Act 1978, on the revocation of an Order in Council specified in Schedule 8 in so far as it relates to the land shown on a plan referred to in subsection (1) or (2)—
(a)the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b)the appointment of any committee of management is revoked in so far as it applies to the land; and
(c)any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land; and
(d)the land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project, and the reservation may be amended, revoked and otherwise dealt with in accordance with that Act.
20AA Further revocation of existing reservations of land and re‑reservation of that land for the Project
(1)On the coming into operation of section 6 of the Melbourne City Link (Further Miscellaneous Amendments) Act 2002, the Order in Council specified in item 1 of Schedule 9 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./02-016 and lodged in the Central Plan Office.
(2)On the coming into operation of section 6 of the Melbourne City Link (Further Miscellaneous Amendments) Act 2002, the Order in Council specified in item 2 of Schedule 9 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./02-017 and lodged in the Central Plan Office.
(3)Despite anything to the contrary in the Crown Land (Reserves) Act 1978, on the revocation of the Orders in Council specified in items 1 and 2 of Schedule 9 in so far as they relate to the land shown on the plans referred to in subsections (1) and (2)—
(a)the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b)the appointment of any committee of management is revoked in so far as it applies to the land; and
(c)any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land; and
(d)the land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project, and the reservation may be amended, revoked and otherwise dealt with in accordance with that Act.
* * * * *
20BASurrender and reservation of land for the purposes of the Project
(1)On the coming into operation of section 7 of the Melbourne City Link (Further Miscellaneous Amendments) Act 2002, the land shown cross-hatched on the plans numbered LEGL./02-016 and LEGL./02-017 and lodged in the Central Plan Office is surrendered to the Crown.
(2)On the coming into operation of section 7 of the Melbourne City Link (Further Miscellaneous Amendments) Act 2002, the land shown on the plans referred to in subsection (1)—
(a)is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b)is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project, and the reservation may be amended, revoked and otherwise dealt with in accordance with that Act.
20CReservation of land for the purposes of the Project
Without limiting section 5 of the Crown Land (Reserves) Act 1978, land may be reserved under that section for public purposes, being, in particular, the purposes of the Project.
Division 2—Management of reserved land and other matters
20DCommittees of management of reserved land
The Minister administering the Crown Land (Reserves) Act 1978 must consult with the Minister administering this Act before appointing a committee of management under the Crown Land (Reserves) Act 1978 for reserved land.
20EIssue of licences in respect of reserved land
(1)This section applies despite anything to the contrary in the Crown Land (Reserves) Act 1978 or the Land Act 1958.
(2)The Minister, after consultation with the Minister administering the Crown Land (Reserves) Act 1978—
(a)may issue a licence in accordance with the Agreement—
(i)to enter and use the whole or any part of reserved land, in accordance with the Agreement;
(ii)to the person entitled to the issue of the licence; and
(b)may impose conditions, subject to and in accordance with the Agreement, on the licence.
(3)The term of a licence must be in accordance with the Agreement.
(4)A licence may be amended at any time with the agreement of the licensee.
(5)A licence may be—
(a)terminated in whole or in part before the end of the term of the licence; or
(b)renewed—
in accordance with the terms of the Agreement.
20FCertain Acts not to apply to licensed areas
(1)In this section excluded Act means—
(a)the Building Act 1993;
(b)the South Melbourne Land Act 1986;
* * * * *
(d)the Mineral Resources (Sustainable Development) Act 1990.
(2)An excluded Act does not apply to or in relation to the whole or any part of a licensed area and anything done on that land on and from the date that the licence is issued under section 20E until the licence is terminated in respect of that land.
20GAction by Registrar of Titles
On being requested to do so and on delivery of any relevant instrument or document (but without production of a duplicate Crown grant or certificate of title), the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part.
PART 2B—LINK UPGRADE PROJECT
Division 1—Introductory
21Definitions
(1)In this Part—
approved Utility agreement means a Utility agreement that is approved by the Head, Transport for Victoria under section 52;
construction permit means a construction permit issued under Division 4;
decision-maker, in Division 7, means—
(a)the Minister and the Utility Minister; or
(b)a person appointed under section 56ZA;
Link Upgrade area has the same meaning as it has in Schedule 5A to the Road Management Act 2004;
Link Upgrade construction area means land for which a construction permit is issued;
Link Upgrade construction work means work for the construction of the Link Upgrade Project;
Link Upgrade licensed land means land that is the subject of a licence issued under Division 3;
M1 Redevelopment Project has the same meaning as it has in Schedule 5A to the Road Management Act 2004;
notified Utility infrastructure means Utility infrastructure—
(a)that is identified under section 54; or
(b)that has been notified under section 56;
rectification includes repair, replacement and reinstatement;
reserved Link Upgrade land means land that under Schedule 5A to the Road Management Act 2004 is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Link Upgrade Project;
unnotified Utility infrastructure means Utility infrastructure—
(a)that has not been identified under section 54; or
(b)that has not been notified under section 56;
Utility means—
(a)a utility within the meaning of the Road Management Act 2004; or
(b)a provider of public transport within the meaning of the Road Management Act 2004; or
(c)the Head, Transport for Victoria; or
(d)a rail transport operator within the meaning of the Rail Safety National Law (Victoria);
* * * * *
Utility agreement means an agreement entered into under section 49 and, if that agreement is amended under section 53, that agreement as so amended;
Utility infrastructure means any part of the supply, distribution or reticulation network operated or managed by a Utility, including—
(a)poles, pipes, cables, wires, conduits and tunnels; and
(b)rail infrastructure and tram infrastructure (both within the meaning of the Rail Management Act 1996);
Utility Minister in relation to a Utility, means the Minister for the time being administering any Act—
(a)under which a Utility is authorised to provide an infrastructure service; or
(b)that regulates the provision by the Utility of an infrastructure service;
works has the same meaning as it has in the Road Management Act 2004.
(2)The Premier may determine a Minister as the Utility Minister for a Utility and if a determination is made that Minister is deemed to be the Utility Minister for that Utility for the purposes of this Part.
Division 2—General powers of the Head, Transport for Victoria
22Head, Transport for Victoria appointed committee of management
(1)The Head, Transport for Victoria is deemed to be the committee of management under the Crown Land (Reserves) Act 1978 of reserved Link Upgrade land.
(2)The provisions of sections 15(2), 15(3), 15(4), 15(7), 15(8) and 15(9) of the Crown Land (Reserves) Act 1978 do not apply to the Head, Transport for Victoria as committee of management.
(3)In addition to the powers conferred on committees of management under the Crown Land (Reserves) Act 1978, the Head, Transport for Victoria as committee of management has all the powers necessary to give effect to this Act.
(4)For the purposes of this section, the Crown Land (Reserves) Act 1978 applies as if a reference to the Minister under that Act were a reference to the Minister administering this Act.
23Temporary access to Crown land
(1)The Head, Transport for Victoria may, with the approval of the Minister administering section 12 of the Land Act 1958 given after consultation with any other Minister concerned with the management or use of the land use any Crown land for the purposes of the Link Upgrade Project.
(2)If any Crown land proposed to be so used by the Head, Transport for Victoria is reserved under the Crown Land (Reserves) Act 1978 for a purpose that is inconsistent with that use, the Head, Transport for Victoria must not use the land unless the reservation is revoked.
Division 3—Licences
24Application
This Division applies despite anything to the contrary in section 175A of the Water Industry Act 1994, the Land Act 1958, the Crown Land (Reserves) Act 1978 or any other Act.
25Head, Transport for Victoria may issue licence for purposes of Link Upgrade Project
(1)The Head, Transport for Victoria may issue a licence in accordance with the Agreement to enter and use the whole or part of any reserved Link Upgrade land in accordance with the Agreement.
(2)A licence under subsection (1) may only be issued to a person entitled under the Agreement to the issue of a licence.
26Term of licence
The term of the licence must be in accordance with the Agreement.
27Conditions of licence—general
(1)The Head, Transport for Victoria may impose conditions on a licence subject to and in accordance with the Agreement.
(2)A licence that is inconsistent with the Agreement is invalid only to the extent of the inconsistency.
28Conditions on licence over stratum of land
(1)Subject to section 27, in imposing conditions on a licence over a stratum of land, the Head, Transport for Victoria must have regard to the following matters—
(a)that reasonable access to and use of the stratum and other land be provided for; and
(b)that the rights of the registered proprietor, lessee or licensee of other land not be interfered with; and
(c)that the rights of support of the stratum or of other land or of any building or structure erected or to be erected on those lands be provided for; and
(d)that the making and removal of improvements by the licensee be provided for; and
(e)that any necessary rights for the passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or telecommunications) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or of other land, be provided for.
(2)The issuing of a licence under this Division of a stratum of land is conclusive proof of compliance with subsections (1)(a), (1)(b), (1)(c), (1)(d) and (1)(e) with respect to the licence.
29Ability to mortgage licence
The licensee may only mortgage, charge, assign or otherwise encumber the licensee's interest in the licence in accordance with the terms of the Agreement.
30Amendment of licence
A licence may be amended at any time with the agreement of the licensee.
31Termination of licence
A licence may be terminated in whole or in part before the end of the term of the licence in accordance with the Agreement.
32Renewal of licence
A licence may be renewed in accordance with the terms of the Agreement.
33Act to apply as if Link Upgrade licensed land were leased land
(1)On the issue under this Division of a licence in respect of land—
(a)this Act (except section 99) applies to that land as if any reference in this Act to leased land or land leased under section 60 included a reference to that land; and
(b)section 62 applies to that land as if any reference in that section to the grant of a lease under section 60 were a reference to the issue of a licence under this Division in respect of that land.
(2)This section ceases to apply to land on the termination of the licence in respect of the land.
Division 4—Construction permits
34Construction permit
(1)The Head, Transport for Victoria may issue a construction permit in accordance with the Agreement to any person who is entitled under the Agreement to the issue of a construction permit.
(2)A construction permit authorises the carrying out of works for the purposes of the Link Upgrade Project over land to which the permit applies.
35Land to which permit can apply
A construction permit may be issued under this Division over the following land—
(a)leased land;
(b)reserved Link Upgrade project land;
(c)land which is temporarily occupied by the Head, Transport for Victoria for the purposes of the M1 Redevelopment Project under Part 9 of the Land Acquisition and Compensation Act 1986;
(d)Crown land which the Head, Transport for Victoria is permitted to use under section 23;
(e)land vested in the Head, Transport for Victoria;
(f)land that is available land within the meaning of clause 11 of Schedule 3 to the Road Management Act 2004.
36Conditions on permit
(1)The Head, Transport for Victoria may impose conditions on a construction permit subject to and in accordance with the Agreement.
(2)A construction permit does not authorise any activity on land referred to in section 35(c) that would be inconsistent with Part 9 of the Land Acquisition and Compensation Act 1986.
(3)A construction permit that is inconsistent with the Agreement is invalid only to the extent of the inconsistency.
37Cancellation of permit
(1)The Head, Transport for Victoria may cancel a construction permit.
(2)A construction permit is cancelled to the extent that it relates to land if that land ceases to be land for which a construction permit may be issued.
Division 5—Statutory powers and exemptions
38Application of planning laws
(1)This section applies to a use or development of land that is authorised by or under this Act or the Agreement or a construction permit for the purposes of the Link Upgrade Project.
(2)Nothing in a planning scheme under the Planning and Environment Act 1987 that applies to the Link Upgrade area—
(a)requires a permit under that Act for the use or development; or
(b)prevents the use or development.
39Approvals of public bodies not required
(1)Subject to Division 7, but despite anything to the contrary in any other enactment or law, a permit, licence, consent, approval or other authority is not required from any person or body, other than the Head, Transport for Victoria (in accordance with the Agreement) or the Environment Protection Authority, for the carrying out of works for the purposes of the Link Upgrade Project.
(2)Nothing in this section derogates from any requirement relating to standards of construction and safety that may apply under any other Act, including—
(a)the Occupational Health and Safety Act 2004; and
* * * * *
(ba)the Rail Safety National Law (Victoria); and
(c)section 99A of the Road Safety Act 1986.
40Application of Building Act 1993
The Building Act 1993 does not apply to or in relation to land for which a construction permit has been issued or to anything done on that land.
41Application of mineral resources and extractive industry Acts
(1)The Mineral Resources (Sustainable Development) Act 1990 does not apply to or in relation to land for which a construction permit has been issued or to anything done on that land.
* * * * *
42Application of South Melbourne Land Act 1986
The South Melbourne Land Act 1986 does not apply to or in relation to land for which a construction permit has been issued or to anything done on that land.
43Application of Heritage Act 2017
(1)The Minister administering the Heritage Act 2017, by Order published in the Government Gazette, may exempt any registered building or registered land or other building or any part of the Link Upgrade area from the operation of that Act.
(2)On the making of an Order under subsection (1), the Heritage Act 2017 ceases to apply to the building or land in respect of which the Order is made and any registered building or registered land ceases to be registered under that Act.
(3)An Order under subsection (1) may be made subject to any conditions specified in the Order including—
(a)a condition requiring specified things to be done to the satisfaction of the Minister administering the Heritage Act 2017; and
(b)a condition providing that any use or development of land is conditional on an agreement being entered into with that Minister.
(4)Any person who fails to comply with a condition of any Order or an agreement made under an Order is guilty of an offence and liable to a penalty not exceeding 1500 penalty units or 2 years imprisonment.
(5)The Minister administering the Heritage Act 2017 may revoke or amend an Order made under subsection (1).
(6)On the revocation of an Order made under subsection (1)—
(a)the Heritage Act 2017 again applies to any building or land affected by the Order; and
(b)in the case of a building or land affected by the Order that was previously registered under that Act, that Act applies as if that building or land had not been registered.
* * * * *
Division 7—Interface with Utilities
Subdivision 1—Introduction
46Certain powers of Utilities not affected
Nothing in this Part affects any power of a Utility—
(a)to respond to and deal with an emergency; or
(b)to use a vehicle on any road in the Link Upgrade area.
Subdivision 2—Consent of Link corporation
47Utility to obtain consent of Link corporation
(1)A Utility must obtain the written consent of the Link corporation before carrying out or causing the carrying out of works on Utility infrastructure, or for the construction of new Utility infrastructure, in, on, over or under land in the Link Upgrade construction area.
(2)The Link corporation must not unreasonably delay or refuse its consent under this section.
(3)A consent under this section may be granted on such reasonable conditions as the Link corporation thinks fit.
(4)This section does not apply to Utility infrastructure if—
(a)an approved Utility agreement provides for access by the Utility to the Link Upgrade construction area to carry out works in relation to that Utility infrastructure; or
(b)the work is being carried out under a determination made under Subdivision 7.
(5)This section applies in addition to the requirements of and despite anything to the contrary in any other Act or law.
48Utility may refer matter to Ministers for determination
A Utility may refer the matter to the Minister and the Utility Minister for determination under Subdivision 7 if—
(a)the Link corporation refuses or unreasonably delays giving its consent under section 47; or
(b)the Utility objects to any condition imposed by the Link corporation on that consent.
Subdivision 3—Agreements between Link corporation and Utility
49Agreements in relation to Link Upgrade construction area
(1)The Link corporation may enter into an agreement with a Utility under this Subdivision in relation to Utility infrastructure or any works affecting Utility infrastructure constructed or to be constructed in, on, over or under the Link Upgrade construction area.
(2)Nothing in this section prevents any additional person from being a party to a Utility agreement.
50What can a Utility agreement provide for?
(1)A Utility agreement may only provide for the following matters—
(a)the means of minimising disruption to the Utility infrastructure and the services provided by the Utility infrastructure;
(b)the respective rights of the Link corporation and the Utility to have access to the Utility infrastructure;
(c)the respective rights of the Link corporation and the Utility to carry out works affecting the Utility infrastructure;
(d)the relocation and rectification of Utility infrastructure;
(e)the standards (including safety, operational and accreditation standards) that are to apply to the relocation or rectification of Utility infrastructure;
(f)the costs of any relocation or rectification of the Utility infrastructure and how those costs are to be apportioned between the Link corporation and the Utility;
(g)the certification by the Utility of works affecting Utility infrastructure;
(h)the compensation to be paid for—
(i)any disruption to the functions performed by the Utility; or
(ii)any disruption to the functions or obligations of the Link corporation; or
(iii)any pecuniary loss sustained or any expense incurred by the Utility as a direct, natural and reasonable consequence of the issue of the construction permit under Division 4.
(2)An agreement that provides for any other matter is not a Utility agreement for the purposes of this Subdivision.
51Requirements for Utility agreements
(1)A Utility agreement must be in writing.
(2)A Utility agreement must not be inconsistent with—
(a)this Act; or
(b)the Agreement; or
(c)the Integration and Facilitation Agreement; or
(d)the Exhibition Street Extension Agreement.
(3)A Utility agreement that does not comply with subsection (2) is of no effect to the extent of the inconsistency.
(4)If a Utility agreement provides for standards in relation to a matter in accordance with section 50(1)(e), those standards are to apply in relation to that matter despite anything to the contrary in any other Act or law, once the Utility agreement takes effect.
52Utility agreements must be approved by the Head, Transport for Victoria
A Utility agreement is of no effect unless it is approved by the Head, Transport for Victoria.
53Utility agreement may be amended
(1)An approved Utility agreement may be amended by agreement between the Link corporation and the Utility.
(2)An amendment of an approved Utility agreement is of no effect unless it is approved by the Head, Transport for Victoria.
(3)In this section, amended includes varied, added to, substituted, cancelled or revoked.
Subdivision 4—Notified Utility infrastructure
54Duty to identify Utility infrastructure
Before Link Upgrade construction work commences on land in the Link Upgrade construction area, the Link corporation must take all reasonable steps to identify all Utility infrastructure in, on, over or under that land that may be affected by the Link Upgrade construction work.
* * * * *
* * * * *
* * * * *
* * * * *
SCHEDULE 8—FURTHER REVOCATION OF RESERVATIONS
Item 1
| Situation and area of land | Alexandra Park, Parish of South Melbourne, City of Melbourne, County of Bourke, 4·6 acres |
| Instrument and date of reservation | Order in Council dated 5 August 1913 |
| Description of land by reference to the Government Gazette | Government Gazette dated 13 August 1913, page 3532 |
| Purpose of reservation | Public park for the recreation and amusement of His Majesty's subjects and people |
| Extent of revocation | Land shown hatched on the plan numbered LEGL./01–111 and lodged in the Central Plan Office |
Item 2
| Situation and area of land | City of Melbourne, Parish of Melbourne North, County of Bourke, 7 acres more or less |
| Instrument and date of reservation | Order in Council dated 22 April 1936 |
| Description of land by reference to the Government Gazette | Government Gazette dated 29 April 1936, page 1052 |
| Purpose of reservation | Public purposes |
| Extent of revocation | Land shown hatched on the plan numbered LEGL./01–113 and lodged in the Central Plan Office |
SCHEDULE 9—FURTHER REVOCATION OF RESERVATION
Item 1
| Situation and area of land | Alexandra Park, Parish of South Melbourne, City of Melbourne, County of Bourke, 4×6 acres |
| Instrument and date of reservation | Order in Council dated 5 August 1913 |
| Description of land by reference to the Government Gazette | Government Gazette dated 13 August 1913, page 3532 |
| Purpose of reservation | Public park for the recreation and amusement of His Majesty's subjects and people |
| Extent of revocation | Land shown hatched on the plan numbered LEGL./02-016 and lodged in the Central Plan Office |
Item 2
| Situation and area of land | City of Melbourne, Parish of Melbourne, County of Bourke, 7 acres more or less |
| Instrument and date of reservation | Order in Council dated 22 April 1936 |
| Description of land by reference to the Government Gazette | Government Gazette dated 29 April 1936, page 1052 |
| Purpose of reservation | Public purposes |
| Extent of revocation | Land shown hatched on the plan numbered LEGL./02-017 and lodged in the Central Plan Office |
═══════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 2 November 1995
Legislative Council: 28 November 1995
The long title for the Bill for this Act was "A Bill to ratify the Agreement for the Melbourne City Link Project, to make further provision for the Melbourne City Link Project, to amend the Melbourne City Link AuthorityAct1994 and certain other Acts and for other purposes.".
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 2 November 1995
Legislative Council: 28 November 1995
Absolute majorities:
Legislative Assembly: 23 November 1995
Legislative Council: 30 November 1995
The Melbourne City Link Act 1995 was assented to on 12 December 1995 and came into operation as follows:
Parts 1, 2 (sections 1–20), Schedules 1, 2 on 12 December 1995: section 2(1); sections 21–26, 28, 29, 31–68, 94–128 on 14.12.95: Special Gazette (No. 120) 14 December 1995 page 3; section 27, Schedule 3 on 4 April 1996: Special Gazette (No. 32) 2 April 1996 page 1; section 30 on 1 June 1996: Special Gazette (No. 58) 28 May 1996 page 1; sections 69–93 on 12 December 1996: section 2(3).
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 Melbourne City Link Act 1995 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Melbourne City Link (Amendment) Act 1996, No. 21/1996
Assent Date: 2.7.96 Commencement Date: 2.7.96: s. 2 CurrentState: All of Act in operation
Electricity Industry (Miscellaneous Amendment) Act 1997, No. 35/1997
Assent Date: 3.6.97 Commencement Date: S. 31(2) on 3.6.97: Special Gazette (No. 58) 3.6.97 p. 1 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Melbourne City Link (Further Amendment) Act 1997, No. 39/1997
Assent Date: 3.6.97 Commencement Date: Ss 1, 2 on 3.6.97: s. 2(1); ss 3, 4(3), 8, 10–12, 14(2), 15 on 12.6.97: Government Gazette 12.6.97 p. 1330; rest of Act on 26.6.97: Government Gazette 26.6.97 p. 1432 CurrentState: All of Act in operation
Gas Industry (Further Amendment) Act 1997, No. 91/1997
Assent Date: 9.12.97 Commencement Date: S. 47 on 11.12.97: Special Gazette (No. 155) 9.12.97 p. 1 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Rail Corporations (Amendment) Act 1997, No. 104/1997
Assent Date: 16.12.97 Commencement Date: S. 52 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Residential Tenancies Act 1997, No. 109/1997
Assent Date: 23.12.97 Commencement Date: S. 533(Sch. 2 item 8) on 1.7.98: Government Gazette 18.6.98 p. 1512 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Melbourne City Link (Exhibition Street Extension) Act 1998, No. 50/1998
Assent Date: 2.6.98 Commencement Date: 2.6.98 CurrentState: All of Act in operation
Road Safety (Amendment) Act 1998, No. 57/1998
Assent Date: 13.10.98 Commencement Date: S. 28(4) on 1.5.99: Government Gazette 18.3.99 p. 665 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Transfer of Land (Single Register) Act 1998, No. 85/1998
Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 41) on 1.1.99: s. 2(3) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Local Government (Governance and Melton) Act 1998, No. 86/1998
Assent Date: 17.11.98 Commencement Date: S. 21 on 1.7.99: Government Gazette 17.6.99 p. 1406 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Melbourne City Link (Amendment) Act 1998, No. 102/1998
Assent Date: 1.12.98 Commencement Date: Ss 4–17, 18(1)(3)(4)(6), 19–33 on 1.12.98: s. 2(1) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Rail Corporations and Transport Acts (Amendment) Act 1999, No. 45/1999
Assent Date: 8.6.99 Commencement Date: S. 48 on 8.6.99: s. 2(1) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Melbourne City Link (Amendment) Act 2000, No. 4/2000
Assent Date: 28.3.00 Commencement Date: 29.3.00 s. 2 CurrentState: All of Act in operation
Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000
Assent Date: 21.11.00 Commencement Date: S. 59 on 1.1.01: s. 2(4) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 80) on 1.12.98: s. 2(2)(q) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Melbourne City Link (Miscellaneous Amendments) Act 2000, No. 81/2000 (asamended by No. 54/2001)
Assent Date: 28.11.00 Commencement Date: Ss 4(6), 7, 11, 20, 21, 24, 25, 28, 35 on 6.12.00: Special Gazette (No. 183) 5.12.00 p. 15; ss 4(2), 14, 22, 23, 33, 34 on 1.3.02: Special Gazette (No. 37) 26.2.02 p. 1; ss 3, 4(1)(3)–(5), 5, 6, 8–10, 12, 13,
15–19, 26, 27, 29–32, 36, 37 on 31.12.02: s. 2(3)CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001
Assent Date: 19.6.01 Commencement Date: S. 36 on 1.9.01: s. 2(2) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Transport (Further Amendment) Act 2001, No. 54/2001
Assent Date: 2.10.01 Commencement Date: Ss 45, 46 on 31.12.01: Special Gazette (No. 226) 11.12.01 p. 2 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Melbourne City Link (Further Amendment) Act 2001, No. 78/2001
Assent Date: 27.11.01 Commencement Date: 1.1.02: Special Gazette (No. 226) 11.12.01 p. 2 CurrentState: All of Act in operation
Road Safety (Further Amendment) Act 2001, No. 92/2001
Assent Date: 11.12.01 Commencement Date: S. 32 on 21.12.01: Government Gazette 13.12.01 p. 3061 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Melbourne City Link (Further Miscellaneous Amendments) Act 2002, No. 13/2002 (as amended by No. 32/2002)
Assent Date: 30.4.02 Commencement Date: Ss 3–11, 13–15, Sch. on 1.6.02: Special Gazette (No. 89) 28.5.02 p. 1; s. 12 on 25.6.02: Special Gazette (No. 111) 25.6.02 p. 1 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Victorian Urban Development Authority Act 2003, No. 59/2003
Assent Date: 16.6.03 Commencement Date: S. 121 on 1.8.03: Government Gazette 31.7.03 p. 2125 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Road Safety (Amendment) Act 2003, No. 94/2003
Assent Date: 25.11.03 Commencement Date: Ss 42–44 on 26.11.03: s. 2(1) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Road Management Act 2004, No. 12/2004
Assent Date: 11.5.04 Commencement Date: S. 162 on 1.7.04: s. 2(2) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004
Assent Date: 16.6.04 Commencement Date: Ss 4–8, 11, 12(1)–(4), 13–17 on 17.6.04: s. 2(1); ss 9, 10, 12(5)(6) on 4.1.05: s. 2(4) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 128) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Transport Legislation (Amendment) Act 2004, No. 110/2004
Assent Date: 21.12.04 Commencement Date: Ss 4–7, 14 on 22.12.04: s. 2(1); ss 12, 13, 16 on 1.2.05: s. 2(4); ss 8–11, 15 on 1.7.05: s. 2(3) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Children and Young Persons (Miscellaneous Amendments) Act 2005, No. 21/2005 (as amended by No. 24/2005)
Assent Date: 31.5.05 Commencement Date: S. 58 on 1.7.05: s. 2(6) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Road Safety (Further Amendment) Act 2005, No. 24/2005
Assent Date: 31.5.05 Commencement Date: Ss 22, 23 on 1.6.05: s. 2(1) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Pipelines Act 2005, No. 61/2005
Assent Date: 20.9.05 Commencement Date: S. 218 on 1.4.07: Government Gazette 29.3.07 p. 532 CurrentState: This information only relates to the provision/s amending the Melbourne City Link Act 1995
Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005
Assent Date: 29.11.05 Commencement Date: S. 3 on 30.11.05: s. 2(1) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Assent Date: 13.6.06 Commencement Date: Ss 84, 85 on 1.7.06: Government Gazette 29.6.06 p. 1315 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date: 15.8.06 Commencement Date: S. 38 on 1.9.06: s. 2(2); s. 42(Sch. item 26) on 23.4.07: s. 2(3) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006
Assent Date: 29.8.06 Commencement Date: S. 61(Sch. item 21) on 30.8.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
City of Melbourne and Docklands Acts (Governance) Act 2006, No. 74/2006
Assent Date: 10.10.06 Commencement Date: S. 26 on 1.7.07: Government Gazette 28.6.07 p. 1303 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Road Legislation (Projects and Road Safety) Act 2006, No. 81/2006
Assent Date: 10.10.06 Commencement Date: Ss 27(1), 66–75 on 11.10.06: s. 2(1); ss 27(2)–29 on 1.7.07: s. 2(4) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Water (Governance) Act 2006, No. 85/2006
Assent Date: 17.10.06 Commencement Date: S. 173(Sch. 1 item 5) on 1.7.07: s. 2(3) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Road Legislation Amendment Act 2007, No. 14/2007
Assent Date: 8.5.07 Commencement Date: Ss 6(1)–(7), 7, 17 on 9.5.07: s. 2(1); s. 18 on 1.1.09: s. 2(4) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Accident Towing Services Act 2007, No. 30/2007
Assent Date: 24.7.07 Commencement Date: S. 238 on 1.1.09: s. 2(3) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Road Legislation Further Amendment Act 2007, No. 74/2007
Assent Date: 18.12.07 Commencement Date: Ss 62–73 on 1.9.08: s. 2(5) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Infringements and Other Acts Amendment Act 2008, No. 9/2008
Assent Date: 18.3.08 Commencement Date: S. 42 on 1.7.08: Special Gazette (No. 172) 27.6.08 p. 1 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Dangerous Goods Amendment (Transport) Act 2008, No. 66/2008
Assent Date: 18.11.08 Commencement Date: S. 31 on 1.1.09: Government Gazette 18.12.08 p. 2998 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Resources Industry Legislation Amendment Act 2009, No. 6/2009
Assent Date: 3.3.09 Commencement Date: S. 53 on 1.1.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Transport Legislation Miscellaneous Amendments Act 2009, No. 17/2009
Assent Date: 12.5.09 Commencement Date: S. 31 on 13.5.09: s. 2(1) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Road Legislation Amendment Act 2009, No. 28/2009
Assent Date: 17.6.09 Commencement Date: S. 88 on 18.6.09: s. 2(1) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009
Assent Date: 15.12.09 Commencement Date: Ss 30, 31 on 17.12.09: Government Gazette 17.12.09 p. 3339 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)
Assent Date: 2.3.10 Commencement Date: Ss 24(5)(Sch. 1 item 7), 203(1)(Sch. 6 item 31) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Road Legislation Miscellaneous Amendments Act 2010, No. 75/2010 (as amended by No. 32/2011)
Assent Date: 19.10.10 Commencement Date: Ss 4, 6–10 on 1.11.10: Government Gazette 21.10.10 p. 2531; s. 5 on 1.8.11: s. 2(2) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Road Safety Amendment (Hoon Driving) Act 2010, No. 76/2010
Assent Date: 19.10.10 Commencement Date: Ss 41, 42 on 20.10.10: s. 2(1) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Statute Law Revision Act 2011, No. 29/2011
Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 58) on 22.6.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Victorian Urban Development Authority Amendment (Urban Renewal Authority Victoria) Act 2011, No. 35/2011
Assent Date: 5.7.11 Commencement Date: S. 20 on 25.10.11: Special Gazette (No. 342) 25.10.11 p. 1 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
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 6 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012
Assent Date: 3.4.12 Commencement Date: S. 91 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012
Assent Date: 18.12.12 Commencement Date: S. 294 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 312 on 11.2.13: s. 2(5) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Rail Safety National Law Application Act 2013, No. 22/2013
Assent Date: 23.4.13 Commencement Date: Ss 61, 62 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013, No. 55/2013
Assent Date: 24.9.13 Commencement Date: S. 25 on 25.9.13: s. 2(1); s. 15 on 1.1.14: s. 2(3) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Statute Law Revision Act 2013, No. 70/2013
Assent Date: 19.11.13 Commencement Date: S. 4(Sch. 2 item 31) on 1.12.13: s. 2(1) CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 111) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Fines Reform Act 2014, No. 47/2014 (as amended by No. 59/2017)
Assent Date: 1.7.14 Commencement Date: Ss 284, 285 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Road Legislation Further Amendment Act 2016, No. 70/2016
Assent Date: 29.11.16 Commencement Date: S. 49 on 1.7.11: s. 2(2); ss 42–46, 50, 51 on 1.1.17: Special Gazette (No. 389) 20.12.16 p. 1 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017
Assent Date: 14.2.17 Commencement Date: S. 50(Sch. 1 item 3) on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Heritage Act 2017, No. 7/2017
Assent Date: 15.3.17 Commencement Date: S. 303 on 1.11.17: s. 2(2) Current State: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017, No. 10/2017
Assent Date: 27.3.17 Commencement Date: S. 36 on 1.4.17: Special Gazette (No. 94) 27.3.17 p. 1 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017
Assent Date: 24.10.17 Commencement Date: S. 85 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 Current State: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Oaths and Affirmations Act 2018, No. 6/2018
Assent Date: 27.2.18 Commencement Date: S. 68(Sch. 2 item 87) on 1.3.19: s. 2(2) Current State: This information relates only to the provision/s amending the Melbourne City Link Act 1995
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019 (as amended by No. 49/2019)
Assent Date: 26.3.19 Commencement Date: Ss 115–129 on 19.2.20: s. 2(3) Current State: This information relates only to the provision/s amending the Melbourne City Link Act 1995
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 9) 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 Melbourne City Link Act 1995
Transport Legislation Amendment Act 2019, No. 49/2019
Assent Date: 3.12.19 Commencement Date: S. 186(Sch. 4 item 28) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 CurrentState: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Local Government Act 2020, No. 9/2020
Assent Date: 24.3.20 Commencement Date: S. 390(Sch. 1 items 69.1, 69.5) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 69.2−69.4) on 1.7.21: s. 2(4) Current State: This information relates only to the provision/s amending the Melbourne City Link Act 1995
North East Link Act 2020, No. 18/2020
Assent Date: 10.6.20 Commencement Date: Ss 137−140 on 1.3.21: s. 2(2) Current State: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022, No. 17/2022
Assent Date: 18.5.22 Commencement Date: S. 102 on 6.9.22: Special Gazette (No. 456) 6.9.22 p. 1; ss 101, 103 on 8.3.24: s. 2(3) Current State: This information relates only to the provision/s amending the Melbourne City Link Act 1995
State Electricity Commission Amendment Act 2024, No. 11/2024
Assent Date: 26.3.24 Commencement Date: S. 98 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1 Current State: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Roads and Road Safety Legislation Amendment Act 2024, No. 46/2024
Assent Date: 19.11.24 Commencement Date: S. 47 on 13.8.25: s. 2(3) Current State: This information relates only to the provision/s amending the Melbourne City Link Act 1995
Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025
Assent Date: 5.8.25 Commencement Date: S. 106(Sch. 1 item 27) on 6.8.25: s. 2(1) Current State: This information relates only to the provision/s amending the Melbourne City Link Act 1995
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3 Explanatory details
[1] S. 3 def. of the Agreement: For a comprehensive list of the Exhibits which form part of the Agreement for the Melbourne City Link Project see explanatory details at the end of the "Agreement for the Melbourne City Link".
[2] S. 15: The Agreement for the Melbourne City Link Project has been varied by further agreements between the parties in accordance with section 15(1) of the Act. For a comprehensive list of the amending agreements see explanatory details at the end of the "Agreement for the Melbourne City Link".
[3] S. 15: The Agreement for the Melbourne City Link Project has been varied in accordance with the terms of the Agreement and section 15(1A) of the Act. For a comprehensive list of the Statements of Variation see explanatory details at the end of the "Agreement for the Melbourne City Link".
[4] S. 15B: The Agreement for Integrating and Facilitating the Project and the Exhibition Street Extension Project has been varied by further agreements of the parties in accordance with section 15B(1) of the Act. For a comprehensive list of the amending agreements see explanatory details at the end of the "Agreement for Integrating and Facilitating the Project and the Exhibition Street Extension Project".
[5] S. 15B: The Agreement for Integrating and Facilitating the Project and the Exhibition Street Extension Project has been varied in accordance with the terms of the Integration and Facilitation Agreement and section 15B(2) of the Act. For a comprehensive list of the Statements of Variation see explanatory details at the end of the "Agreement for Integrating and Facilitating the Project and the Exhibition Street Extension Project".
[6] S. 15D: The Agreement for the Exhibition Street Extension Project has been varied by further agreements between the parties in accordance with section 15D(1) of the Act. For a comprehensive list of the amending agreements see explanatory details at the end of the "Agreement for the Exhibition Street Extension Project".
[7] S. 15D: The Agreement for the Exhibition Street Extension Project has been varied in accordance with the terms of the Extension Agreement and section 15D(2) of the Act. For a comprehensive list of the Statements of Variation see explanatory details at the end of the "Agreement for the Exhibition Street Extension Project".
[8] Pt 4 Div. 3 (Heading and ss 90–91) amended by Nos 102/1998 s. 25, 81/2000 s. 24, 12/2004 s. 162(9)–(12), 49/2004 ss 14–16, 110/2004 ss 14, 15, 66/2008 s. 31, 6/2010 s. 203(1)(Sch. 6 items 31.9–31.12) (as amended by No. 45/2010 s. 22), 75/2010 s. 8, 82/2012 ss 294(1)(b)–(3), 312(b), 55/2013 s. 15, 37/2014 s. 10(Sch. items 111.3–111.5), substituted as Pt 4 Div. 3 (Heading and s. 90) by No. 70/2016 s. 46.
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