Melbourne City Link (Further Amendment) Act 2001 (Vic)

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Melbourne City Link (Further Amendment) Act

2001

Act No. 78/2001

TABLE OF PROVISIONS

Section Page

1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Insertion of new sections 6A and 6B 2

6A. Director, Melbourne City Link 3
6B. Functions and powers of Director 3

5. Reference to licence holders inserted in section 18 4
6. New Part 2A inserted 4
PART 2A—RESERVATION OF LAND FOR THE
PROJECT 4
Division 1—Land to be reserved 4

20A. Revocation of existing reservations of certain land and

re-reservation of that land for the Project 4
20B. Surrender and reservation of certain land for the

purposes of the Project 6
20C.

Reservation of land for the purposes of the Project 7

Division 2—Management of reserved land and other matters 7

20D. Committees of management of reserved land 7
20E. Issue of licences in respect of reserved land 7
20F. Certain Acts not to apply to licensed areas 8
20G. Action by Registrar of Titles 9

7. Information to be given in relation to registration 9
8. Reference to licence holder inserted in section 94 10
9. References to licence holder and licensed area inserted in
section 96 10
10. Further amendment to the Melbourne City Link Act 1995 10

__________________

i

Section Page
SCHEDULE—Insertion of new Schedule 8 in the Melbourne City

Link Act 1995 11

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ENDNOTES 12

ii

Victoria

No. 78 of 2001

Melbourne City Link (Further

Amendment) Act 2001†

[Assented to 27 November 2001]

The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Melbourne City Link Act 1995—

(a)

to facilitate the licensing of certain Crown land for the purposes of the Project;

(b)

to provide for further information provisions in relation to registered vehicles;

(c)

to establish the office of Director, Melbourne City Link;

Melbourne City Link (Further Amendment) Act 2001

Act No. 78/2001 s. 2
(d) to provide for other related matters.

2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 February 2003, it comes into
operation on that day.

3. Definitions
In section 3 of the Melbourne City Link Act
1995 insert the following definitions—
' "Director" means the person who, for the time
being, holds the office of Director, section 6A;

"licence holder" means a person who is, for the

time being, the holder of a licence issued
under section 20E;

"licensed area" means land which is the subject of a licence issued under section 20E;
"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;'.

4. Insertion of new sections 6A and 6B
Melbourne City Link (Further Amendment) Act 2001

Act No. 78/2001

After section 6 of the Melbourne City Link Act
1995 insert—
"6A. Director, Melbourne City Link
There shall be a Director employed under Part 3 of the Public Sector Management and Employment Act 1998, to be known as
the Director, Melbourne City Link. 6B. Functions and powers of Director (1) The Director 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

Melbourne City Link (Further Amendment) Act 2001

Act No. 78/2001 s. 5
operation of the Link road and the
operation of the Extension road;

(g) to undertake any other function conferred on the Director by or under this or any other Act.
(2) The Director has all the powers necessary to perform his or her functions.
(3) The Director must comply with any
directions given by the Minister, including
any direction relating to the provision of
information or reports concerning the
exercise of the Director's powers and the
performance of the Director's functions.".

5. Reference to licence holders inserted in section 18

In section 18(2)(b) of the Melbourne City Link holder".

6. New Part 2A inserted
After Part 2 of the Melbourne City Link Act
1995 insert—
'PART 2A—RESERVATION OF LAND FOR
THE PROJECT

Division 1—Land to be reserved

20A. Revocation 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

Melbourne City Link (Further Amendment) Act 2001

s. 6	Act No. 78/2001

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 sub-
section (1) or (2)—

(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 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

Melbourne City Link (Further Amendment) Act 2001

Act No. 78/2001 s. 6
and otherwise dealt with in accordance
with that Act.
20B. Surrender and reservation of certain land for the purposes of the Project
(1) On the coming into operation of section 6 of

the Melbourne City Link (Further
Amendment) Act 2001, the land shown
hatched and cross-hatched on the plans
numbered LEGL./01–112, LEGL./01–117,
LEGL./01–118, LEGL./01–119,
LEGL./01–120, LEGL./01–121 and
LEGL./01–122 and lodged in the Central
Plan Office is surrendered to the Crown.

(2) On the coming into operation of section 6 of
the Melbourne City Link (Further hatched and cross-hatched on the plans referred to in sub-section (1)—

(a)
Crown, freed and discharged from all
trusts, limitations, reservations,
is deemed to be unalienated land of the interests; and

(b)
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
is deemed to be temporarily reserved with that Act.

(3) Despite the coming into operation of
section 6 of the Melbourne City Link

Melbourne City Link (Further Amendment) Act 2001

s. 6	Act No. 78/2001

(Further Amendment) Act 2001, if any of
the land shown hatched and cross-hatched on
the plans referred to in sub-section (1) is—

(a) a declared road (within the meaning of the Transport Act 1983), that land is deemed to continue to be such a
declared road; and

(b) a public highway (within the meaning of the Local Government Act 1989), that land is deemed to continue to be
such a public highway.

20C. Reservation 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

20D. Committees 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.

20E. Issue of licences in respect of reserved land

Melbourne City Link (Further Amendment) Act 2001

Act No. 78/2001 s. 6
(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.
20F. Certain 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;

Melbourne City Link (Further Amendment) Act 2001

s. 7	Act No. 78/2001

(c) the Extractive Industries
Development Act 1995;
(d) the Mineral Resources 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.

20G. Action 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 operation of this Part.'.
Titles must make any recordings in the

7. Information to be given in relation to registration

In section 73D(1) of the Melbourne City Link
Act 1995—

(a)

in paragraph (a), after "registered" insert "or of the circumstances in which the vehicle becomes registered";

(b)

for paragraph (b) substitute— "(b) the whole or that part of the licence
plate number of the vehicle that is
stated to the relevant corporation by
that person;";

(c) for paragraph (f), substitute—
Melbourne City Link (Further Amendment) Act 2001

Act No. 78/2001 s. 8
"(f) in the case of registration in
accordance with section 73C—
(i) the period to which the registration applies; or

(ii)
registration applies cannot be
determined at the time the
information is given, information
which enables the person to
if the period to which the registration applies;".

8. Reference to licence holder inserted in section 94

In section 94(1) of the Melbourne City Link Act 1995, after "a licensee" insert ", a licence holder".
9. References to licence holder and licensed area inserted in section 96
(1) In section 96(3) of the Melbourne City Link Act 1995, after "licensee" insert ", licence holder".
(2) In section 96(4) of the Melbourne City Link Act 1995, after "Customer service site)" insert "and licensed areas".
(3) In section 96(5) of the Melbourne City Link Act 1995, after "licensed land" insert ", licensed areas".
10. Further amendment to the Melbourne City Link Act 1995
The Melbourne City Link Act 1995 is amended as set out in the Schedule.

__________________
Melbourne City Link (Further Amendment) Act 2001

Sch.	Act No. 78/2001

SCHEDULE

INSERTION OF NEW SCHEDULE 8 IN THE MELBOURNE

CITY LINK ACT 1995

After Schedule 7 insert—

"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 Government Gazette dated
the Government Gazette 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 Government Gazette dated 29 April
the Government Gazette 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

.".

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Melbourne City Link (Further Amendment) Act 2001

Act No. 78/2001 Endnotes

ENDNOTES

†
Minister's second reading speech—
Legislative Assembly: 18 October 2001
Legislative Council: 20 November 2001
The long title for the Bill for this Act was "to make further amendments
to the Melbourne City Link Act 1995 and for other purposes."

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Melbourne City Link (Further Amendment) Act 2001 (Vic)

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1.	Purpose	1
2.	Commencement	2
3.	Definitions	2
4.	Insertion of new sections 6A and 6B	2

6A.	Director, Melbourne City Link	3
6B.	Functions and powers of Director	3

5.	Reference to licence holders inserted in section 18	4
6.	New Part 2A inserted	4
PART 2A—RESERVATION OF LAND FOR THE
PROJECT	4
Division 1—Land to be reserved	4

20D.	Committees of management of reserved land	7
20E.	Issue of licences in respect of reserved land	7
20F.	Certain Acts not to apply to licensed areas	8
20G.	Action by Registrar of Titles	9

7.	Information to be given in relation to registration	9
8.	Reference to licence holder inserted in section 94	10
9.	References to licence holder and licensed area inserted in
section 96	10
10.	Further amendment to the Melbourne City Link Act 1995	10

Section	Page
SCHEDULE—Insertion of new Schedule 8 in the Melbourne City

(a)	to facilitate the licensing of certain Crown land for the purposes of the Project;
(b)	to provide for further information provisions in relation to registered vehicles;
(c)	to establish the office of Director, Melbourne City Link;

(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

Act No. 78/2001	s. 5
operation of the Link road and the operation of the Extension road;

(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

Act No. 78/2001	s. 6
and otherwise dealt with in accordance with that Act.

(c)	the Extractive Industries Development Act 1995;
(d)	the Mineral Resources Development Act 1990.

(a)	in paragraph (a), after "registered" insert "or of the circumstances in which the vehicle becomes registered";
(b)	for paragraph (b) substitute— "(b) the whole or that part of the licence

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	Government Gazette dated
the Government Gazette	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	Government Gazette dated 29 April
the Government Gazette	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