Planning and Environment (Amendment) Act 1997 (Vic)

Planning and Environment (Amendment) Act 1997

Act No. 103/1997

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	New Part 9A inserted	2
PART 9A—PROJECTS OF STATE OR REGIONAL
SIGNIFICANCE	2
201E. Definitions	2

201F. Declaration of project 3

201G. Delegation	3
201H. Acquisition by agreement	3

201I.	Powers of compulsory acquisition	3
201J.	Secretary's powers to dispose of land	4
201K.	Recommendation of closure of roads	5
201L.	Order for closure of road	6

201M. Temporary closure of road	6
201N.	Recommendation for removal of easements and
restrictions 6
201O.	Order for removal of easement or restriction 7
201P. Compensation	7

201Q. Action by Registrar of Titles and Registrar-General 9

4.	Delegation powers	10
5.	Functions and powers of Secretary	10
6.	Exemption from requirement to reserve land	11

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NOTES 12

i

Victoria

No. 103 of 1997

Planning and Environment

(Amendment) Act 1997†

[Assented to 16 December 1997]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purposes of this Act are—

(a)	to amend the Planning and Environment Act 1987 to confer certain powers on the Secretary of the Department of Infrastructure in relation to development projects of State or regional significance; and
(b)	to amend the Project Development and Construction Management Act 1994 in

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Act No. 103/1997 s. 2

relation to the functions and powers of the

Secretary; and

(c) to amend the Land Acquisition and Compensation Act 1986 to provide for the exemption of land to be acquired for certain kinds of development projects from the requirement to be reserved for public purposes.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3. New Part 9A inserted

After Part 9 of the Planning and Environment

Act 1987 insert—

'PART 9A—PROJECTS OF STATE OR

REGIONAL SIGNIFICANCE

201E. Definitions

In this Part—

"declared project" means a development or

proposed development declared by
notice under section 201F to be of State

or regional significance;

"restriction" means—

(a)	a restriction within the meaning of the Subdivision Act 1988; or
(b)	a covenant under Division 2 of Part 4 of the Heritage Act 1995; or
(c)

a covenant under section 3A of Trust Act 1972;

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s. 3 Act No. 103/1997

"Secretary" means the body corporate established under section 35 of the Project Development and

Construction Management Act 1994.

201F. Declaration of project

The Minister may, by notice published in the Government Gazette, declare a development or proposed development to be of State or

regional significance.

201G. Delegation

The Secretary may, by instrument, delegate to any officer or class of officers of the Department any of the powers conferred on the Secretary under this Part except—

(a) this power of delegation; and

(b) the Secretary's powers under section 201I.

201H. Acquisition by agreement

For the purposes of a declared project, the
Secretary may acquire land by agreement on
any terms (including consideration) that the

Secretary considers appropriate.

201I. Powers of compulsory acquisition

(1) The Secretary may compulsorily acquire
land for the purposes of a declared project.
(2) The Land Acquisition and Compensation

Act 1986 applies to this Part and for that purpose—

(a) Part 9A of the Planning and Environment Act 1987 is the special Act; and

(b) the Secretary is the Authority.

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Act No. 103/1997 s. 3

(3) The Minister may, by notice published in the

Government Gazette, declare specified land required for a declared project to be special project land for the purposes of section 5 of the Land Acquisition and Compensation Act 1986.

201J. Secretary's powers to dispose of land

(1) The Secretary may—

(a)	grant a lease, licence, easement or privilege over land vested in or acquired by the Secretary pursuant to this Part; or
(b)

sell or dispose of the Secretary's in or acquired by the Secretary pursuant to this Part—

on any terms (including consideration) that
the Secretary considers appropriate.

(2) The Secretary may enter into an agreement

with another person concerning the use or
development of land—

(a)	on disposing of the whole of its interest in the land to that person; or
(b)	in anticipation of disposing of the whole of its interest in the land to that person.

(3) Division 2 of Part 9 applies to an agreement under sub-section (2) as if—

(a)	it was an agreement under that Division;
(b)	it referred to the Secretary instead of the responsible authority for the planning scheme;

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s. 3 Act No. 103/1997

(c) section 174(2)(c) were omitted;

(d) sections 177(2), 178 and 179(1) referred to the Secretary instead of the Minister.

201K. Recommendation of closure of roads

(1) For the purposes of a declared project, the

Secretary may recommend to the Governor in Council to close any road or part of a road.

(2) Before making a recommendation to close a

road or part of a road, the Secretary must—

(a)	serve notice of the proposed closure on the owner of any property which the Secretary, after making inquiry into the matter, considers is likely to be substantially affected by the closure of the road or part of the road; and
(b)	give each of those owners an opportunity to object to the closure; and

(c) consider all objections so made.

(3) Before making a recommendation to close a

road or part of a road, the Secretary must
ensure that provision is made—

(a)	with respect to pipes, wires, apparatus, sewers, drains, tunnels, conduits, poles, posts and fixtures lawfully on over
under or across the road or part of the road; and
(b)	for access to any land likely to be prejudicially affected by the closure.

(4) The Secretary may only recommend the

closure of a road or part of a road under this
section if the Secretary is satisfied that the
closure will not substantially injure the

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Act No. 103/1997 s. 3

public or any person objecting under sub-

section (2).

201L. Order for closure of road

(1) On a recommendation under section 201K,

the Governor in Council, by order published
in the Government Gazette, may close the
road or part of the road.

(2) On the publication of the order—

(a)	the land over which the closed road ran (whether the property of the Crown or not) ceases to be a road; and
(b)	all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or by user or operation of law or otherwise, cease; and
(c)	transfer or conveyance freed and discharged from all trusts, limitations,

the land vests in the Secretary without encumbrances, estates and interests.

201M. Temporary closure of road

For the purposes of a declared project, the Secretary may temporarily close a road or part of a road to traffic if the Secretary

considers it necessary to do so so that works
on the road or neighbouring land can be

carried out.

201N. Recommendation for removal of easements

and restrictions

(1) For the purposes of a declared project, the

Secretary may recommend to the Governor

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s. 3 Act No. 103/1997

in Council to remove an easement, or
restriction applying to any land.

(2) Before making a recommendation under sub- section (1), the Secretary must—

(a)	serve notice of the proposed removal on the owner of any property which the Secretary, after making inquiry into the matter, considers is likely to be substantially affected by the removal; and
(b)	give each of those owners an opportunity to object to the removal; and

(c) consider all objections so made.

(3) Before making a recommendation under sub-

section (1), the Secretary must ensure that
provision is made for access to any land
likely to be prejudicially affected by the
removal.

(4) The Secretary may only recommend the

removal of an easement or restriction under this section if the Secretary is satisfied that the removal will not substantially injure the public or any person objecting under sub-

section (2).

201O. Order for removal of easement or

restriction

(1) On a recommendation under section 201N,

the Governor in Council, by order published in the Government Gazette, may remove the easement or restriction.

(2) On the publication of the order, the easement or restriction is extinguished.

201P. Compensation

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Act No. 103/1997 s. 3

(1) If an order is made under section 201L or

section 201O, the Secretary must make
provision for the payment of
compensation—

(a)	to any person in whom the land comprised in the road or part of the road is vested; and
(b)	to any owner of property which in the opinion of the Secretary is likely to be substantially affected by the closure of the road or the removal of the easement or restriction.

(2) The Minister may certify that, having regard to the extent to which a person referred to in sub-section (1) is or is likely to be affected

by the closure of the road or the removal of
the easement or restriction, the compensation
payable to that person should not exceed the
amount stated in the certificate (not being
less than $400).

(3) If the Minister so certifies under sub-section

(2), the amount stated in the certificate in
respect of that person shall be the full
amount payable to him or her under sub-
section (1) by the Secretary by way of
compensation.

(4) If the Minister is satisfied that a person who

might be entitled to compensation under sub-
section (1) cannot be found, the Minister
may direct that no provision, or such
provision as the Minister specifies, shall be
made for payment of compensation to that
person.

(5) If neither sub-section (3) nor (4) applies, the compensation payable under sub-section (1) to a person—

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(a)	shall be as agreed between the Secretary and the person; or
(b)	determined in accordance with Part 10 of the Land Acquisition and Compensation Act 1986 as if the

if agreement is not reached, shall be a disputed claim.

201Q. Action by Registrar of Titles and Registrar-

General

(1) The publication of an order under section

201L brings the land under the operation of
the Transfer of Land Act 1958 if it is not
already under that Act.

(2) If an order is made under section 201L in relation to land, the Registrar of Titles, on being requested to do so and on production

of the relevant order—

(a)	must make any recordings in the Register that are necessary because of the order; and
(b)	may create a folio of the Register recording the Secretary as the registered proprietor of the land.

(3) If an order under section 201L or 201O affects the right, estate or interest of the registered proprietor of land in a folio of the

Register under the Transfer of Land Act 1958 in respect of an easement or restriction recorded on that folio or implied by statute appurtenant to the land, the Registrar of Titles on being requested to do so and on production of the relevant order, must delete from the folio the recording of that easement

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Act No. 103/1997 s. 4

or restriction to the extent to which it has

been extinguished.

(4) If the description of any land under the

operation of the Transfer of Land Act 1958 description or folio which is in his or her opinion necessary or desirable.

or a folio of the Register is or may be
affected by any order made under this Part
closing a road or part of a road or removing
an easement or restriction, the Registrar of

(5) On being requested to do so and on production of the relevant order, the Registrar-General must make all entries on

records of enrolment of any Crown grant and
on any memorial relating to any land
concerned that are necessary because of the
operation of this Part or an order made under

this Part.'.

4. Delegation powers

In section 186(2) of the Planning and
Environment Act 1987 after "section 172" insert

", section 201F".

5. Functions and powers of Secretary

(1) After section 37(2) of the Project Development

and Construction Management Act 1994

insert—

"(2A) In addition to sub-sections (1) and (2), the

Secretary has any functions conferred on the Secretary under Part 9A of the Planning and Environment Act 1987.".

(2) After section 38(3) of the Project Development

and Construction Management Act 1994
insert—

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s. 6 Act No. 103/1997

"(3A) The Secretary has any powers conferred on

the Secretary under Part 9A of the Planning
and Environment Act 1987.".

6. Exemption from requirement to reserve land

After section 5(4A) of the Land Acquisition and
Compensation Act 1986 insert—

"(4B) Sub-section (1) does not apply to any land which is special project land under section 201I(3) of the Planning and Environment Act 1987.".

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Planning and Environment (Amendment) Act 1997

Act No. 103/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 16 October 1997

Legislative Council: 18 November 1997

The long title for the Bill for this Act was "to amend the Planning and Environment Act 1987, the Project Development and Construction Management Act 1994 and the Land Acquisition and Compensation Act 1986 and for other purposes."