Melbourne City Link (Further Amendment) Act 1997 (Vic)

Melbourne City Link (Further Amendment) Act

1997

Act No. 39/1997

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Definitions	2
5.	Variation of Agreement	3
6.	New Part 4A inserted	3
PART 4A—EXHIBITION STREET EXTENSION
PROJECT	3
Division 1—Exhibition Street Extension Project and
Extension Project area	3
93A. Exhibition Street Extension Project	3
93B. Extension Project area	3
Division 2—Powers to obtain Land	4

93C. Revocation of reservations in Extension Project area 4

93D. Revocation of part of Melbourne Park Reservation for

Extension Project 5

93E. Revocation of part of Olympic Park Reservation for

Extension Project 6

93F. Surrender or divesting of land in Extension Project area 7

Division 3—Management of Exhibition Street Extension	9
93G. Lease of land in Extension Project area	9
93H. Road deemed to be declared road	11

93I.	Road operation and management powers	11
93J.	Tolls	12

7.	New section 27A inserted	12
27A. Further revocation of part of Melbourne and Olympic

Parks Reservation 12

8.	Roads deemed to be declared roads	14
9.	Compensation	14
10.	Operation of regulations under Land Acquisition and
Compensation Act 1986	14

i

Section Page

11.	New section 44A inserted	15
44A. Temporary access to Crown land	15
12.	Partial revocation of licence	15
13.	Certain Acts not to apply	15
14.	Action by Registrar	15
15.	Correction of reference	16
16.	Powers of bodies	16
17.	Bodies may be required to act	16
18.	Dispute resolution	16
19.	Council powers	16
20.	New Schedule 4 inserted	16
SCHEDULE 4	16

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NOTES 19

ii

Victoria

No. 39 of 1997

Melbourne City Link (Further

Amendment) Act 1997†

[Assented to 3 June 1997]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to further amend the Melbourne City Link Act 1995—

(a) to make provision for the Exhibition Street Extension Project; and

(b) to improve the operation of that Act.

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2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal
Assent.

(2) The remaining provisions of this Act come into

operation on a day or days to be proclaimed.

3. Principal Act

In this Act the Melbourne City Link Act 1995 is	No. 107/1995. Amended by
called the Principal Act.	No. 21/1996.

4. Definitions

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

' "Extension Project area" has the meaning

given by section 93B;

" Exhibition Street Extension Project" has the meaning given by section 93A;'.

(2) In section 3 of the Principal Act—

(a)	in the definition of "leased land" after "section 60" insert "or 93G"; and
(b)	in the definition of "lessee" after "section 60" insert "or 93G".

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

of "Link control site" substitute—
' "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;'.

(4) In section 3 of the Principal Act in the definition

of "Link road" after "section 61" insert "or 93H".

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5. Variation of Agreement

(1) After section 15(1A) of the Principal Act insert—

"(1AA) A power under this section to vary the

provisions of the Agreement extends to any of section 6.".

agreement or variation necessary or
convenient for purposes related to the
implementation of the Exhibition Street
Extension Project or the integration of that

(2) In section 15(4) and (5) of the Principal Act for "amendment" (wherever occurring) substitute "agreement".

6. New Part 4A inserted

After Part 4 of the Principal Act insert—

'PART 4A—EXHIBITION STREET EXTENSION

PROJECT

Division 1—Exhibition Street Extension

Project and Extension Project area

93A. Exhibition Street Extension Project

In this Act a reference to the Exhibition Street Extension Project is a reference to the project for a road connection from Exhibition Street to the southern link of the Project across or above the Jolimont rail yards and along Batman Avenue to the interchange of the South Eastern Freeway with Punt Road.

93B. Extension Project area

(1) Subject to sub-section (2), for the purposes
of this Act, the Extension Project area is the

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area of land shown hatched grey on the plan
numbered LEGL./97-29 and lodged in the
Central Plan Office.

(2) The Extension Project area does not include any land in the Project area.

Division 2—Powers to obtain Land

93C. Revocation of reservations in Extension

Project area

(1) If the whole or any part of any Crown land, permanently or temporarily reserved under the Crown Land (Reserves) Act 1978, is within the Extension Project area, and if the

whole or a part of the reservation of that land
is to be revoked for the purposes of the
Exhibition Street Extension Project, the

Minister on—

(a)	receiving a plan of the land signed by the Surveyor-General; and
(b)	being satisfied that the land shown on the plan represents the reservation or the part of the reservation to be

revoked—

may recommend to the Governor in Council
that the reservation or the part of the
reservation be revoked.

(2) On receiving the Minister's recommendation,

the Governor in Council may, by Order
published in the Government Gazette, revoke
the following—

(a) any Order in Council reserving the land;

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(b) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land—

in so far as the Order in Council, Crown
grant, certificate of title or folio relates to the

land shown on the plan.

(3) On publication of an Order under sub-section

(2)—

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

the land is deemed to be unalienated 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.

93D. Revocation of part of Melbourne Park

Reservation for Extension Project

(1) The deemed temporary reservation of land

under Part 5 of the Melbourne and far as it relates to the land shown coloured mauve on the plan numbered LEGL./97-29 and lodged in the Central Plan Office.

(2) Despite anything to the contrary in the

Melbourne and Olympic Parks Act 1985 and the Crown Land (Reserves) Act 1978, on the revocation of that part of the deemed

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temporary reservation shown coloured
mauve on the plan referred to in sub-section

(1)—

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

the land is deemed to be unalienated and

(b) Olympic Parks Trust to manage

the appointment of the Melbourne and extent that 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.

93E. Revocation of part of Olympic Park

Reservation for Extension Project

(1) The Order in Council specified in item 1 of

Schedule 4 is revoked in so far as it relates to that part of the land shown coloured yellow on the plan numbered LEGL./97-29 and lodged in the Central Plan Office which is not already reserved for the purposes of the Project.

(2) Despite anything to the contrary in the

Melbourne and Olympic Parks Act 1985 and the Crown Land (Reserves) Act 1978, on the revocation of the Order in Council
specified in item 1 of Schedule 4 in so far as it relates to the land shown coloured yellow on the plan referred to in sub-section (1)
which is not already reserved for the
purposes of the Project—

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

the land is deemed to be unalienated and

(b)	the appointment of the Melbourne and Olympic Parks Trust to manage Olympic Park is revoked to the extent that 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.

93F. Surrender or divesting of land in Extension

Project area

(1) The Governor in Council, by Order

published in the Government Gazette, may—

(a)	require a public authority in which any land is vested which is part of the Extension Project area to surrender that land to the Crown; or
(b)	divest from a public authority, any land vested in the public authority which is part of the Extension Project area—

whether or not that land was vested in the
public authority by or under an Act or by any
other means.

(2) Sub-section (1) does not apply to land which is vested under the Crown Land (Reserves) Act 1978.

(3) A public authority must comply with a

requirement under sub-section (1)(a).

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(4) On the conveyance to the Crown or the

registration of an instrument of transfer and surrender to the Crown of land that a public authority is required to surrender under sub- section (1)(a) or the publication in the

Government Gazette of an Order under sub- section (1)(b)—

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

the land is deemed to be unalienated encumbrances, estates or interests; and

(b)	if any part of the land is or is being used as a road, that part of the land ceases to be a road and all rights,
easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise cease.

(5) A power may only be exercised under sub- section (1) on the joint recommendation of the Minister and the Minister administering the Act under which the public authority is established.

(6) A recommendation may only be made under sub-section (5) if the Ministers are satisfied that the land is required for the purposes of managing any roadway and ancillary works constructed on the land for the purposes of the Exhibition Street Extension Project or for

a related purpose.

(7) Sub-section (4) has effect despite anything to the contrary in any other Act.

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Division 3—Management of Exhibition Street

Extension

93G. Lease of land in Extension Project area

(1) If the State enters into an agreement for the	operation, maintenance and repair by the works forming part of the Exhibition Street Extension Project, the Governor in Council, on behalf of the Crown, subject to and in accordance with that agreement—
(a)	may grant a lease of any land in the Extension Project area which is required for the purposes of managing any roadway and ancillary works constructed on the land and for other related purposes approved by the Governor in Council to the person or persons entitled to such a lease in accordance with the terms of the agreement; and
(b)	may impose conditions on the lease, having regard (among other things) to the following matters in relation to a stratum of Crown land—

(i)  that reasonable access to and use of the stratum and other land be provided for; and

(ii)  that the rights of the registered proprietor, lessee or licensee of other land not be interfered with;

and

(iii)  that the rights of support of the stratum or of other land or of any

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building or structure erected or to
be erected on those lands be

provided for; and

(iv)

that the making or maintenance of provided for; and

(v)  that any necessary rights for the passage or provision of services (including drainage, sewerage or the supply of water, gas,

electricity or telephone) 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 granting of a lease under this section of

a stratum of land is conclusive proof of
compliance with sub-section (1)(b)(i), (ii),
(iii), (iv) or (v) with respect to the lease.

(3) A lease under sub-section (1) must specify

any area of land subject to the lease which is
a road.

(4) The lessee may only mortgage, charge,

assign or otherwise encumber the lessee's interest in the lease in accordance with the terms of the agreement.

(5) The term of the lease must in accordance

with the agreement.

(6) A lease may be amended at any time with the consent of the lessee.

(7) A lease may be—

(a) terminated before the end of the term of the lease; or

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(b) renewed—

in accordance with the agreement.

93H. Road deemed to be declared road

(1) On the commencement of a lease granted

under section 93G, any road specified in the

lease is deemed to be—

(a)	a declared road within the meaning of the Transport Act 1983; or
(b)	a road open to and for use by the public for the passage of vehicles; and
(c)	a highway within the meaning of the Road Safety Act 1986.

(2) This section does not affect the grant or

operation of a lease despite anything to the
contrary in Schedule 5 of the Transport Act

1983.

(3) The Minister must publish a notice in the

Government Gazette of the granting of the lease under section 93G describing any road specified in that lease.

93I. Road operation and management powers
(1) If the State enters into an agreement which

provides for road operation and management under that Act, on and from the grant of a lease under section 93G—
powers in respect of land leased under
section 93G to be conferred on the Link
corporation, then despite anything to the
contrary in the Transport Act 1983 or the

regulations under that Act or the Local

(a) the Link corporation or any officer or employee of the Link corporation

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authorised by the Link corporation may exercise those powers in respect of the leased land; and

(b) the Roads Corporation and any Council must not exercise those powers in respect of the leased land.

(2) In this section "road operation and

management powers" means powers
relating to the operation and maintenance of,
and traffic management of a kind applicable

to, a declared road.

93J. Tolls

If the State enters into an agreement for the operation, maintenance and repair by the Link corporation of the road and ancillary works forming part of the Exhibition Street Extension Project and that agreement provides for tolls and toll zones in respect of that road, Part 4 and the regulations made for the purposes of that Part apply to the collection of those tolls as if any reference in that Part—

(a)	to the Agreement were a reference to the first-mentioned agreement; and
(b)	to a toll zone were a reference to a toll zone specified in the first-mentioned agreement.'.

7. New section 27A inserted

After section 27 of the Principal Act insert—

"27A. Further revocation of part of Melbourne

and Olympic Parks Reservation

(1) The Order in Council specified in item 2 of Schedule 4 is revoked in so far as it applies to

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the land shown cross-hatched green on the plan numbered LEGL./97-31 and lodged in the Central Plan Office.

(2) Despite anything to the contrary in the

Melbourne and Olympic Parks Act 1985 and the Crown Land (Reserves) Act 1978, on the revocation of the Order in Council
specified in item 2 of Schedule 4 in so far as
it relates to the land shown cross-hatched
green on the plan referred to in sub-section

(1)—

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

the land is deemed to be unalienated and

(b)	the appointment of the Melbourne and Olympic Parks Trust to manage Olympic Park is revoked to the extent that 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.".

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8. Roads deemed to be declared roads

In section 31A(1) of the Principal Act for "section
26, 28 or 31" substitute "section 26, 28, 29 or

31".

9. Compensation

In section 33 of the Principal Act—

(a)	in sub-section (1)(a) for "or 32" substitute ", 32 or 93C";
(b)	in sub-section (1)(b) for "section 27 or 30" substitute "section 27, 27A, 30, 93D or 93E";
(c)	in sub-section (2) for "or 32" substitute ", 32 or 93C";
(d)	in sub-section (4) after "Project" insert "or the Exhibition Street Extension Project".

10. Operation of regulations under Land Acquisition and Compensation Act 1986

(1) In section 40(7) of the Principal Act for "Land

Acquisition and Compensation Regulations 1987
as in force from time to time" substitute
"regulations in force from time to time under the
Land Acquisition and Compensation Act

1986".

(2) In section 43(4) of the Principal Act for "Land

Acquisition and Compensation Regulations 1987"
substitute "regulations under the Land

Acquisition and Compensation Act 1986".

(3) In section 44 of the Principal Act before "Part 9"

(where first occurring) insert "(1)".
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s. 14 Act No. 39/1997

(4) At the end of section 44 of the Principal Act

insert—

"(2) The regulations in force from time to time

under the Land Acquisition and prescribed under those regulations apply in relation to the operation of this Division with such modifications as are necessary to give effect to this Division.".

11. New section 44A inserted

After section 44 of the Principal Act insert—

"44A. Temporary access to Crown land

(1) The Authority may, with the approval of the Minister administering 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 Project.

(2) If any Crown land proposed to be so used by

the Authority is reserved under the Crown which is inconsistent with that use, the Authority must not use the land unless the reservation is revoked.".

12. Partial revocation of licence

(1) In section 56(6)(a) of the Principal Act after

"terminated" insert "in whole or in part". (2) In section 59(1) of the Principal Act after "licence" insert "as to that land".

13. Certain Acts not to apply

In section 64(3) of the Principal Act after "section

60" insert "or 93G".

14. Action by Registrar

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(1) In section 67(1) and (2) of the Principal Act after

"this Part" (wherever occurring) insert "or Part

4A".

(2) In section 67(2) of the Principal Act after

"document" insert "(but without production of a

duplicate Crown grant or certificate of title)".

15. Correction of reference

In section 96(6) of the Principal Act for "Water
Industry Act 1984" substitute "Water Industry

Act 1994".

16. Powers of bodies

In section 100(b) of the Principal Act after
"Project" insert "or the Exhibition Street

Extension Project".

17. Bodies may be required to act

In section 101(1)(a) of the Principal Act after "the the Extension Project area".

18. Dispute resolution

In section 102 of the Principal Act after "Project"
insert "or the Exhibition Street Extension

Project".

19. Council powers

In section 103(2) of the Principal Act after "Part

3" insert "or Part 4A".

20. New Schedule 4 inserted

After Schedule 3 of the Principal Act insert—

"SCHEDULE 4
Melbourne City Link (Further Amendment) Act 1997

Act No. 39/1997

Further revocations of reservation on

Melbourne and Olympic Park Land

Item 1

Situation and area of land :	East Melbourne, City of Melbourne North, County of Bourke, 10·40 hectares, being Crown Allotment 2, Section 19D, less authorised excisions
Instrument and date of reservation :	Order in Council dated 17 March 1970
Description of land by reference to	Government Gazette dated 11
Government Gazette :	February 1970, page 375 and 25 March 1970, page 831
Purpose of reservation :	Sport, recreation and entertainment
Extent of revocation :	Land shown coloured yellow on the plan numbered LEGL./97-29 and lodged in the Central Plan
Office.
Item 2
Situation and area of land :	East Melbourne, City of Melbourne North, County of Bourke, 10·40 hectares, being Crown Allotment 2, Section 19D, less authorised excisions
Instrument and date of reservation :	Order in Council dated 17 March 1970
Description of land by reference to	Government Gazette dated 11
Government Gazette :	February 1970, page 375 and 25 March 1970, page 831
Purpose of reservation :	Sport, recreation and entertainment
Extent of revocation :	Land shown cross-hatched green on the plan numbered LEGL./97- 31 and lodged in the Central Plan Office. ".

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Melbourne City Link (Further Amendment) Act 1997

Notes Act No. 39/1997

NOTES

†

Minister's second reading speech—

Legislative Assembly: 23 April 1997

Legislative Council: 27 May 1997

The long title for the Bill for this Act was "to further amend the
Melbourne City Link Act 1995, to make provision for the Exhibition
Street Extension Project and for other purposes."