Project Development and Construction Management Act 1994 (Vic)

Version No. 047

Project Development and Construction Management Act 1994

No. 101 of 1994

Version incorporating amendments as at

6 August 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Crown bound

5Application of Act

5AADeclaration of declared Department

5ATransport Integration Act 2010

Part 2—Nomination of projects

6Nomination order

7Contents of order

8Application order

8AOrders may be amended or revoked

9Tabling of orders

11Delegation by facilitating agency

12Responsible Minister's directions

13Treasurer's directions

Part 3—Provisions relating to nominated projects

Division 1—Agreements and arrangements

14Contracts and agreements

15Arrangements

16Reciprocal arrangements with public sector agencies

Division 2—Obtaining land

17Grant of land to facilitating agency

18Surrender or divesting of land of other bodies

18ASurrender of interests in unreserved Crown land

19Acquisition by agreement

20Compulsory acquisition

Division 2A—Compensation for surrendered or divested land

20ARight to compensation on surrender or divesting

Division 2B—Entry into possession of surrendered or divested land

20BInterpretation

20CApplication

20DPower to enter into possession

20EEntry into possession

20FRecovery of rent

20GProceedings where refusal to give up possession

20HResidential Tenancies Act 1997 not to apply

20IGiving of notice

20JMinor misdescription not to invalidate notice

Division 3—Disposing of land

21Facilitating agency may surrender land to the Crown

22Disposing of land

Division 4—Powers relating to roads and buildings

23Powers relating to roads

24Closing roads

25Administration of Building Act

Division 5—Financial provisions

26Exemption from taxes, rates, charges etc.

27Treasurer may execute guarantees in respect of project

28Borrowing and investment powers

Part 4—Standards and directions for public construction

29Standards for public construction

30Directions for public construction

31Inconsistency with supply policies

32Content of standards and directions

33Application of standards and directions

34Standards and directions to be published and made available

Part 5A—Secretary, Project Development

41AThe Secretary is a body corporate

41BFunctions of the Secretary, Project Development

41CPowers of the Secretary, Project Development

41DSecretary, Project Development is subject to Ministerial control

41EDepartment Head's powers are not affected

41FDelegation

Part 6—General

42Improper use of information

43Information to be confidential

44Who is connected with a nominated project?

45Action by Registrar of Titles

46Regulations

Part 7—Transfer of designated functions and projects

Division 1—Preliminary

47Definitions

Division 2—Transfer to Secretary, Project Development

48Property transferred to Secretary, Project Development

49Effect of transfer on nomination order

50Vesting of property etc. subject to encumbrances

51Substitution of party to agreement

52Secretary DIIRD body corporate instruments

53Proceedings

54Interests in land

55Easements

56Action by Registrar of Titles

57Taxes

58Evidence

59Certificate of Department Head of the Department of Transport and Planning

60Validity of things done under this Division

Division 3—Transfer of specified transport projects to Head, Transport for Victoria

61Property transferred to Head, Transport for Victoria

62Effect of transfer on nomination order

63Vesting of property etc. subject to encumbrances

64Substitution of party to agreement

65Secretary DIIRD body corporate instruments

66Proceedings

67Interests in land

68Easements

69Action by Registrar of Titles

70Taxes

71Evidence

72Certificate of Department Head of Department of Transport and Planning

73Validity of things done under this Division

Division 4—Transfers of property, rights and liabilities in certain projects to transport bodies

74Definitions

75Transfer orders

75AProperty, rights and liabilities transferred in accordance with transfer order

75BTransfer subject to encumbrances

75CSubstitution of party to agreement

75DSecretary, Project Development instruments

75EProceedings

75FInterests in land

75GEasements

75HAction by Registrar of Titles

75ITaxes

75JEvidence

75KCertificate of Department Head of declared Department

75LValidity of things done under this Division

Part 8—Transfers to successor Secretary (Project Development Bodies Corporate)

Division 1—Preliminary

75MDefinitions

Division 2—Transfer to successor Secretary, Project Development

75NApplication of Division

75OFormer Secretary, Project Development is dissolved

75PProperty transferred to successor Secretary, Project Development

75QEffect of transfer on nomination order

75RVesting of property etc. subject to encumbrances

75SSubstitution of party to agreement

75TFormer Secretary, Project Development instruments

75UProceedings

75VInterests in land

75WEasements

75XAction by Registrar of Titles

75YTaxes

75ZEvidence

75ZACertificate of Department Head of superseded declared Department

75ZBValidity of things done under this Division

Division 3—Change of name of declared Department

75ZCApplication of Division

75ZDChange of name of declared Department

Part 9—Transitional and saving provisions

76Confirmation of nomination order

77Confirmation of direction

79ABody corporate is dissolved

Schedule—Major state projects

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 047

Project Development and Construction Management Act 1994

No. 101 of 1994

Version incorporating amendments as at

6 August 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to facilitate certain development projects in Victoria;

(b)to provide for the setting of standards and the issuing of directions in relation to public construction;

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(da)to establish the Secretary, Project Development as a body corporate;

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(e)to amend the Bayside Project Act 1988;

(f)to repeal the Public Lands and Works Act 1964.

2Commencement

(1)Section 1 and this section 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 6 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

(1)In this Act—

application order means an order under section 8;

building includes—

(a)a structure and part of a building or a structure; and

(b)fences, walls, out-buildings, service installations and other appurtenances of a building; and

(c)a boat or a pontoon which is permanently moored or fixed to land;

declared Department means a Department declared under section 5AA;

Department means—

(a)a Department within the meaning of section 4(1) of the Public Administration Act 2004; or

(b)an office or body specified in section 16(1) of that Act;

Department Head means a Department Head within the meaning of section 4(1) of the Public Administration Act 2004;

development includes—

(a)the construction or carrying out, extension, demolition or removal of a building or works;

(b)the decoration or alteration of the inside or outside of a building or the alteration of works;

(c)the subdivision or consolidation of land, airspace or buildings;

(d)the installation or provision or operation of facilities or services;

(e)the relocation, deepening or widening of a waterway;

directionsmean directions issued under section 30;

enactmentmeans a rule, regulation, by-law, order, Order in Council, proclamation or other instrument of a legislative character;

facilitating agency in relation to a nominated project means the public statutory corporation specified in the nomination order as the facilitating agency for that project;

function includes power, discretion, authority and duty;

limitations, in relation to land, means trusts, reservations, restrictions, exceptions, encumbrances, limitations, rights, privileges, estates and interests;

nominated project means a development or proposed development declared by a nomination order to be a project to which this Act applies;

nomination order means an order under section 6;

public body in Part 3 or Part 4 means—

(a)a public statutory authority;

(b)a State business corporation within the meaning of the State Owned Enterprises Act 1992;

(c)a body, office or trust body—

(i)established by or under an Act or enactment; or

(ii)established by the Governor in Council or a Minister—

and that is declared by the Minister, by notice published in the Government Gazette, to be a body or office to which that Part applies;

public construction means any matter relating to the construction, maintenance, rehabilitation, alteration, extension or demolition of any improvements on land by, or on behalf of, Departments or public bodies and includes—

(a)design and construction practices;

(b)tendering processes;

(c)project delivery;

(d)contract administration;

public statutory corporation means any corporation established by or under an Act for a public purpose other than a municipal council;

responsible Minister, in relation to a nominated project, means the Minister specified in the nomination order as the Minister responsible for that project;

road includes bridge, highway, street, lane, footway, square, court, alley or right of way, whether accessible to the public generally or not;

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Secretary, Project Development means the body corporate established under section 41A;

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standardsmeans standards set under section 29;

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works includes any change to the natural or existing condition or topography of land including the removal, destruction, or lopping of trees and the removal of vegetation or topsoil and land reclamation and land decontamination.

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4Crown bound

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.

5Application of Act

(1)A provision of Part 3 does not apply to a nominated project unless that provision is specified in an application order in relation to the project.

(2)A provision of Part 3 does not apply to a facilitating agency unless that provision is specified in an application order in relation to the agency.

(3)Section 19, 20, 22, 23 or 24 does not apply to the responsible Minister unless that provision is specified in an application order in relation to the Minister.

(4)A function conferred on a Minister or facilitating agency by an application order is additional to and does not derogate from any other function of the Minister or agency under Part 5A or any other Act or law.

5AADeclaration of declared Department

(1)The Governor in Council, by Order in Council published in the Government Gazette, may declare a Department to be the declared Department for the purposes of section 41A.

(2)An Order under subsection (1) must specify the date on which the declaration takes effect.

(3)An Order under subsection (1) revokes any other Order made under that subsection that is in effect immediately before that Order takes effect.

5ATransport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

PART 2—NOMINATION OF PROJECTS

6Nomination order

The Governor in Council, on the recommendation of the Premier, may, by order published in the Government Gazette, declare a development or proposed development to be a project to which this Act applies.

7Contents of order

A nomination order must specify—

(a)the Minister who is to be responsible for the nominated project; and

(b)if there is to be a facilitating agency for the nominated project, the public statutory corporation which is to be that facilitating agency.

8Application order

The Governor in Council, on the recommendation of the Premier, by order published in the Government Gazette relating to a nominated project—

(a)may specify the provisions of Part 3 which are to apply in relation to the nominated project;

(b)if there is a facilitating agency for the nominated project, may specify the provisions of Part 3 which are to apply to that facilitating agency;

(c)may specify that all or any of sections 19, 20, 22, 23 and 24 apply in relation to the responsible Minister for the nominated project;

(d)may specify an area of land for the purposes of the nominated project;

(e)may specify any other matter permitted by this Act to be specified in an order under this section.

8AOrders may be amended or revoked

(1)The Governor in Council, on the recommendation of the Premier, by order published in the Government Gazette, may—

(a)amend a nomination order or an application order; or

(b)revoke a nomination order or an application order.

(2)An order under subsection (1) which amends a nomination order may substitute a facilitating agency specified in the nomination order.

(3)An order under subsection (1) may provide for any matter necessary or convenient to give effect to the order including, but not limited to, the transfer, apportionment, settlement or determination of any property, income, assets, rights, liabilities or other matters.

9Tabling of orders

The Premier must cause—

(a)a copy of each nomination order, together with a statement signed by the Premier of reasons for the making of the order; and

(b)a copy of each application order; and

(c)a copy of each order made under section 8A—

to be laid before each House of Parliament within 14 sitting days after the order is made.

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11Delegation by facilitating agency

(1)A facilitating agency may by instrument delegate all or any of its functions under this Act in respect of a nominated project to—

(a)an officer of or the holder of any office or position in the facilitating agency; or

(ab)an officer of or the holder of any office or position in the declared Department, if the facilitating agency is the Secretary, Project Development; or

(b)with the consent of the Minister, to any other person or body or to the holder of any other office.

(2)If—

(a)a function referred to in section 14 is delegated under subsection (1) to a person or body or the holder of an office or position; and

(b)the instrument of delegation authorises the sub-delegation of the function—

then, subject to any conditions to which the delegation is subject, the delegate may sub-delegate the function to—

(c)an officer of or the holder of any office or position in the facilitating agency; or

(ca)an officer of or the holder of any office or position in the declared Department, if the facilitating agency is the Secretary, Project Development; or

(d)with the consent of the Minister, to any other person or body or to the holder of any other office or position—

but may not sub-delegate a power of delegation.

(3)The Minister's consent under this section may be in respect of a class or classes of persons or bodies or offices.

12Responsible Minister's directions

(1)The responsible Minister may give a facilitating agency written directions in relation to a nominated project.

(2)A facilitating agency must comply with any directions under this section in carrying out its functions under this Act in relation to the nominated project.

(3)An agreement or arrangement or contract entered into under this Act in contravention of subsection (2) is not void only because of that contravention.

13Treasurer's directions

(1)The Treasurer may give a facilitating agency written directions in relation to any matter relating to the financing of a nominated project if the Treasurer is of the opinion that that matter may involve any direct or indirect or contingent liability to the State.

(2)A facilitating agency must comply with any directions under this section in carrying out its functions under this Act in relation to a nominated project.

(3)An agreement or arrangement or contract entered into under this Act in contravention of subsection (2) is not void only because of that contravention.

PART 3—PROVISIONS RELATING TO NOMINATED PROJECTS

Division 1—Agreements and arrangements

14Contracts and agreements

A facilitating agency may enter into contracts and agreements and other arrangements with any person for the purposes of a nominated project, other than arrangements referred to in section 15.

15Arrangements

(1)A facilitating agency, with the approval of the Treasurer, may do all or any of the following for the purposes of a nominated project—

(a)form or participate in the formation of, a corporation, trust, partnership or other body;

(b)subscribe for, or otherwise acquire, and hold and dispose of shares in, or debentures or other securities of, a corporation;

(c)subscribe for, or otherwise acquire, and hold and dispose of, units in a trust;

(d)acquire and hold and dispose of an interest in a partnership or other body;

(e)enter into any contract, agreement or arrangement with a person for the sharing of profits, union of interest, co-operation, joint venture, reciprocal concessions or otherwise.

(2)Subsection (1) applies whether a person or body referred to in that subsection or a party to a contract or arrangement under subsection (1)(e) is formed or carries on business in Victoria or elsewhere.

(3)An approval under this section may be given for a particular case or class of cases.

16Reciprocal arrangements with public sector agencies

(1)A facilitating agency, for the purpose of a nominated project, may enter into an agreement or arrangement with a Minister, government Department or public body (public sector agency) concerning—

(a)the carrying out by the facilitating agency and the public sector agency of any of their respective functions; or

(b)the carrying out or providing by the facilitating agency for the public sector agency, or by the public sector agency for the facilitating agency, of any works or services; or

(c)the use or joint use by the facilitating agency and the public sector agency of their respective facilities or the services of their respective staff; or

(d)the allocation of funds collected under the agreement or arrangement.

(2)The facilitating agency must consult with the Treasurer before entering into an agreement or arrangement which provides for the allocation of funds to be collected under the agreement or arrangement.

Division 2—Obtaining land

17Grant of land to facilitating agency

(1)The Governor in Council on behalf of the Crown may grant to a facilitating agency for the purposes of a nominated project for an estate in fee simple—

(a)land divested or surrendered under section 18 or 18A; or

(b)any other unalienated land of the Crown that is not reserved under the Crown Land (Reserves) Act 1978.

(2)A grant of land—

(a)under subsection (1)(a) must be made on the recommendation of the responsible Minister;

(b)under subsection (1)(b) must be made on the recommendation of the Minister administering Part IX of the Land Act 1958.

(3)The Governor in Council may, as a condition of granting land to a facilitating agency, require it to agree to pay into the Consolidated Fund or, if the land was surrendered by or divested from a public body, to that body, an amount or amounts at the times or over the period determined by the Governor in Council.

(4)A condition under subsection (3) may only be imposed on the joint recommendation of—

(a)the responsible Minister and the Minister responsible for the public body, in the case of land surrendered by or divested from a public body; or

(b)the responsible Minister and the Minister administering Part IX of the Land Act 1958, in any other case.

(5)The grant—

(a)if it is of land covered with waters of the sea, must be to a depth not greater than 60 metres below high water mark; and

(b)if it is for other land, must be to a depth not greater than 60 metres below the surface of the land; and

(c)may contain any other terms, covenants, conditions or limitations that the Governor in Council determines.

(6)Land may be granted to a facilitating agency with or without consideration being given by the facilitating agency.

(7)Sections 339A and 339B of the Land Act 1958 apply to a grant of land under this section as if it were a grant of land in fee simple under that Act.

18Surrender or divesting of land of other bodies

(1)The Governor in Council, by order published in the Government Gazette, may—

(a)require a public body in which land is vested to surrender it to the Crown; or

(b)divest land from a public body—

for the purposes of a nominated project.

(2)Subsection (1) does not apply to land which is reserved under the Crown Land (Reserves) Act 1978.

(3)A public body must comply with a requirement under subsection (1)(a).

(4)On—

(a)the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of land that a public body is required to surrender under subsection (1)(a); or

(b)the publication in the Government Gazette of an order under subsection (1)(b)—

the land concerned is deemed to be unalienated land of the Crown and is freed and discharged from all limitations.

(5)The Governor in Council, by order published in the Government Gazette, may make any amendments to any land description in any Act or subordinate instrument that are necessary because of the divesting or surrender of land under this section.

(6)A power may only be exercised under subsection (1) or (5) on the joint recommendation of the responsible Minister and the Minister administering the Act under which the public body is established.

18ASurrender of interests in unreserved Crown land

(1)The responsible Minister may recommend to the Governor in Council that—

(a)the interests (if any) in any Crown land; and

(b)the prescribed contractual rights (if any) relating to any Crown land—

which is part of an area specified in an application order for a nominated project be surrendered to the Crown or extinguished.

(2)The responsible Minister may make a recommendation under subsection (1) 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 land—

(i)the interests (if any) in which are to be surrendered to the Crown; and

(ii)in relation to which prescribed contractual rights (if any) are to be extinguished.

(3)This section does not apply to land which is reserved under the Crown Land (Reserves) Act 1978.

(4)On receiving the responsible Minister's recommendation, the Governor in Council may, by order published in the Government Gazette, declare that—

(a)the interests (if any) in the land shown on the plan are surrendered to the Crown; and

(b)the prescribed contractual rights (if any) in relation to the land shown on the plan are extinguished.

(5)On publication of an order under subsection (4) in the Government Gazette—

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

(b)all prescribed contractual rights (if any) relating to the land are extinguished; and

(c)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 it 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; and

(d)if any part of the land is the bed, soil and banks of a river, 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.

(6)Subsection (5) has effect despite anything to the contrary in section 175A of the Water Industry Act 1994 or any other Act.

(7)In this section prescribed contractual right means a right (other than an interest in land) created under an agreement in writing entered into between a public body and another person (not being the Crown).

19Acquisition by agreement

(1)For the purposes of a nominated project, the responsible Minister or the facilitating agency may acquire by agreement an interest in land on any terms (including consideration) that the responsible Minister or agency considers appropriate.

(2)Any interest in land acquired by the responsible Minister under this section vests in the Crown and is deemed to be unalienated land of the Crown.

20Compulsory acquisition

(1)For the purposes of a nominated project, the responsible Minister or the facilitating agency may acquire an interest in land by compulsory process.

(2)The Land Acquisition and Compensation Act 1986 applies to subsection (1) and for that purpose—

(a)subsection (1) is the special Act; and

(b)the responsible Minister or the facilitating agency (as the case requires) is the Authority.

(3)Any interest in land acquired by the responsible Minister under this section—

(a)vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that section; and

(b)is deemed to be unalienated land of the Crown.

Division 2A—Compensation for surrendered or divested land

20ARight to compensation on surrender or divesting

(1)Subject to this Act and the Land Acquisition and Compensation Act 1986, every person (other than a public body) who immediately before the publication of an order under section 18 or 18A had a legal or equitable estate or interest in land to which the order applies or, in the case of an order under section 18A, a prescribed contractual right (within the meaning of that section) in relation to land to which the order applies, has a claim for compensation.

(2)The Land Acquisition and Compensation Act 1986 (except sections 31 to 36) applies to the determination of compensation payable under this section as if the publication of the order were a notice of acquisition of that estate or interest or right and the responsible Minister had acquired that estate or interest or right on behalf of the Crown.

Division 2B—Entry into possession of surrendered or divested land

20BInterpretation

In this Division—

surrender date in relation to land means the date of publication of an order under section 18 or 18A in relation to that land;

surrendered land means land which on the publication of an order under section 18 or 18A is deemed to be unalienated land of the Crown.

20CApplication

This Division applies to surrendered land whether it became surrendered land before or after the commencement of section 13 of the Project Development and Construction Management (Amendment) Act 1997.

20DPower to enter into possession

Subject to this Division, the responsible Minister may enter into possession of surrendered land.

20EEntry into possession

(1)The responsible Minister must diligently endeavour to obtain agreement with the occupier of surrendered land as to the terms on which the Minister will enter into possession of the land.

(2)Subject to this Division, if surrendered land or part of surrendered land is used, at the surrender date, by a person as the principal place of residence or business of that person, the responsible Minister must not enter into possession of—

(a)the part of the land so used; or

(b)if the whole of the land is so used, that land—

before the end of 3 months after the surrender date and unless the responsible Minister has given 7 days' notice in writing of his or her intention to enter into possession to the person in occupation of the land.

(3)A person referred to in subsection (2) is not liable for the payment of rent in respect of the occupation by that person of that part of the surrendered land which is used as the principal place of residence or business of that person during the period specified in that subsection.

(4)Subsection (2) does not apply if—

(a)the Governor in Council, on the recommendation of the responsible Minister, by order certifies that having regard to—

(i)the urgency of the case or any other exceptional circumstances; and

(ii)the public interest—

it is not practicable for the responsible Minister to delay entry into possession of the surrendered land until after the end of the period referred to in subsection (2); or

(b)the responsible Minister and the person in occupation of the surrendered land have entered into an agreement in relation to the time of entry into possession of the surrendered land by the responsible Minister.

(5)If, at the surrender date, surrendered land is not used by any person as the principal place of residence or business of that person, the responsible Minister may enter into possession of the land at any time after the surrender date after giving 7 days' notice in writing of his or her intention to enter into possession to the person in occupation of the land.

(6)The period of occupation of the surrendered land after the surrender date (including the period referred to in subsection (2)) may be extended by agreement in writing between the responsible Minister and the person in occupation of the surrendered land.

(7)An agreement under subsection (6) must provide for the payment of rent by the person in occupation of the relevant land to the Crown.

(8)If a person continues to occupy surrendered land after the period referred to in subsection (2) or the surrender date (as the case may be) and an agreement has not been entered into under subsection (6) in respect of that occupation, that person is to be taken to be in possession of the land in pursuance of a tenancy determinable at will by the responsible Minister and is liable to pay to the Crown a fair market rent in respect of that continued occupation.

(9)If a person referred to in subsection (2) ceases of the person's own accord to occupy the surrendered land before the end of the period referred to in that subsection, the entitlement of that person under this Division to occupy the land without payment of rent to the Crown also ceases.

(10)An order under subsection (4)(a) must specify the date on which the responsible Minister is to take possession.

(11)The responsible Minister must give a copy of the order under subsection (4)(a) to the person in occupation of the land.

(12)The person whose period of occupation of the surrendered land was abridged under subsection (4)(a) is entitled to claim compensation under Division 2A for any loss or damage which is incurred as a direct, natural and reasonable consequence of that abridgment and for which the person could not otherwise make a claim under that Division.

(13)The compensation payable pursuant to subsection (12) may be paid to—

(a)the person who is entitled to claim the compensation; or

(b)the constituted attorney of that person.

20FRecovery of rent

Any rent payable to the Crown under section 20E may be recovered as a debt due to the Crown in any court of competent jurisdiction.

20GProceedings where refusal to give up possession

(1)If the responsible Minister is entitled under this Division to enter into possession of surrendered land and the occupier of the land or any other person—

(a)refuses to give up the possession of the land; or

(b)hinders the responsible Minister from entering on and taking possession of the land—

the responsible Minister may issue his or her warrant under this section to the sheriff.

(2)A warrant issued under this section authorises the sheriff to—

(a)enter onto the land specified in the warrant; and

(b)deliver possession of the land to the responsible Minister or the person appointed in the warrant to receive possession of the land; and

(c)use such force as is reasonably necessary to execute the warrant.

(3)On receipt of a warrant issued under this section, the sheriff must deliver possession of the land to the responsible Minister or the person appointed in the warrant to receive possession of the land.

(4)The costs incurred in the issuing and execution of a warrant must be paid by the person refusing to give up possession.

(5)The amount of the costs and the amount of any rent owed by that person must be deducted and retained by the responsible Minister from the compensation (if any) payable under this Part to that person.

(6)If no compensation is payable to that person or if the compensation payable is less than the amount of the costs and rent (if any) then payment of the amount in excess of the compensation must if not paid on demand be enforced by a warrant to seize property.

(7)On application by the responsible Minister, a magistrate must issue a warrant for the purposes of subsection (6).

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20HResidential Tenancies Act 1997 not to apply

Nothing in the Residential Tenancies Act 1997 applies to or in relation to any matter provided for or any proceedings under this Division.

20IGiving of notice

If the whereabouts of a person to whom the responsible Minister is required to give a notice or document is not known to the responsible Minister, the notice or document may be given—

(a)by publication of a copy of it in a newspaper circulating generally throughout the State; and

(b)by affixing it in a prominent place on the land to which it relates.

20JMinor misdescription not to invalidate notice

The validity of any notice under this Division is not affected by any misdescription in it of the land or of any interest in the land if sufficient information appears on the face of the notice to identify the land or interest affected.

Division 3—Disposing of land

21Facilitating agency may surrender land to the Crown

A facilitating agency is an authority for the purposes of section 22A of the Land Act 1958.

22Disposing of land

(1)A facilitating agency may—

(a)grant a lease or licence or easement or privilege over land vested in it or registered in its name; or

(b)sell or dispose of its interest in fee simple in any land—

on any terms (including consideration) that it considers appropriate.

(2)On disposing of the whole of its interest in any land to another person, a facilitating agency may enter into an agreement with the person concerning the use or development of the land.

(3)For the purposes of a nominated project, the responsible Minister, may—

(a)grant a lease or licence or easement or privilege over Crown land; or

(b)recommend to the Governor in Council the grant, sale or disposition of Crown land—

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

(4)The responsible Minister must consult with the Minister administering the Land Act 1958 before exercising any power under subsection (3).

(5)Subsection (3) does not apply to land which is reserved under the Crown Land (Reserves) Act 1978.

(6)The Governor in Council may grant, sell or dispose of Crown land to any person in accordance with the recommendation of the responsible Minister under this section.

(7)Land may be sold or disposed of to a person under subsection (6) on condition that the person enter into an agreement with the responsible Minister concerning the use or development of the land.

(8)Division 2 of Part 9 of the Planning and Environment Act 1987 applies to an agreement under subsection (2) or (7) as if—

(a)it was an agreement under that Division; and

(b)it referred to the responsible Minister or the facilitating agency (as the case requires) instead of the responsible authority for the planning scheme; and

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

(d)sections 177(2), 178 and 179(1) referred to the responsible Minister or the facilitating agency (as the case requires) instead of the Minister.

(9)This section applies despite anything to the contrary in the Land Act 1958.

Division 4—Powers relating to roads and buildings

23Powers relating to roads

(1)For the purposes of a nominated project, the responsible Minister or a facilitating agency may—

(a)construct, realign, relocate, open or close any road; and

(b)carry out or operate works or facilities associated with its powers under paragraph (a).

(2)Before making a decision to close, realign or relocate a road, the responsible Minister or facilitating agency must ensure that provision is made 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.

(3)If the responsible Minister or a facilitating agency makes a decision to close, realign or relocate a road, the responsible Minister or facilitating agency must make provision for the payment of compensation to—

(a)any person in whom the land comprised in the road or part of the road is vested; and

(b)any owner of property which in the opinion of the responsible Minister or the facilitating agency, as the case requires, is likely to be substantially affected by that closure, realignment or relocation.

(4)The responsible Minister may certify that, having regard to the extent to which any person referred to in subsection (3)(a) or (b) is or is likely to be affected by the closure, realignment or relocation of a road, the compensation payable to that person under subsection (3) should not exceed the amount stated in the certificate (not being more than $400).

(5)If the responsible Minister so certifies under subsection (4), the amount stated in the certificate in respect of that person shall be the full amount payable to him or her under subsection (3) by the responsible Minister or the facilitating agency, as the case requires, by way of compensation.

(6)If the responsible Minister is satisfied that a person who might be entitled to compensation under subsection (3) cannot be found, the Minister may direct that no provision, or such provision as the responsible Minister specifies, shall be made for payment of compensation to that person.

(7)If subsection (5) or (6) does not apply, the compensation payable to a person under subsection (3) shall be—

(a)the amount agreed between the responsible Minister or the facilitating agency, as the case requires, and the person; or

(b)if agreement is not reached, the amount determined as if the amount of compensation payable were a disputed claim under Part 10 of the Land Acquisition and Compensation Act 1976.

(8)The Governor in Council may by order published in the Government Gazette provide for—

(a)any vesting or divesting of lands;

(b)any amendments to any land descriptions in any Act or subordinate instrument—

necessary because of the exercise by the responsible Minister or facilitating agency of its powers under subsection (1).

24Closing roads

(1)A decision under section 23 to close, realign or relocate a road has no effect until the responsible Minister or facilitating agency causes notice of it to be published in the Government Gazette and in a newspaper circulating generally throughout the area affected by the closure, realignment or relocation.

(2)On the publication under subsection (1) of a decision closing, realigning or relocating a road—

(a)the land over which the closed, realigned or relocated road ran 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 supposed dedication or by user or operation of law or otherwise, cease; and

(c)the land is deemed to be unalienated land of the Crown.

(3)For the purpose of a nominated project, the responsible Minister or the facilitating agency may temporarily close a road to traffic if that Minister or agency considers it necessary to do so so that works on the road or neighbouring land can be carried out.

25Administration of Building Act

(1)Despite anything to the contrary in the Building Act 1993, the Minister administering that Act may, by order published in the Government Gazette, declare that the administration and enforcement in relation to all or part of a nominated project of any of the provisions of that Act and the regulations made under that Act is to be carried out by the facilitating agency or any other person or body specified in the order and in accordance with the terms and conditions of the order.

(2)The Building Act 1993 and the regulations under that Act apply for the purposes of this section as if any reference to a council or a relevant building surveyor or a municipal building surveyor were a reference to the facilitating agency or the relevant person or body specified in an order under this section.

Division 5—Financial provisions

26Exemption from taxes, rates, charges etc.

(1)Despite anything to the contrary in any Act or law, the Treasurer, on the recommendation of the responsible Minister, may by instrument—

(a)totally or partially exempt any land, document or transaction relating to a nominated project from any duty, rate, contribution, tax, or charge levied under any other Act or law; or

(b)defer the payment of the whole or part of any duty, rate, contribution, tax or charge levied under any other Act or law on any land, document or transaction relating to a nominated project.

(2)An exemption or deferral must state the time for which it operates and may be subject to any conditions specified in the instrument of exemption or deferral.

(3)The responsible Minister must obtain the written consent of the person or body responsible for levying a duty, rate, contribution, tax or charge (other than one payable into the Consolidated Fund) before making a recommendation under subsection (1) in relation to that duty, rate, contribution, tax or charge.

(4)In this section contribution means a growth areas infrastructure contribution within the meaning of Part 9B of the Planning and Environment Act 1987.

27Treasurer may execute guarantees in respect of project

(1)The Treasurer, on such terms and conditions as the Treasurer thinks fit, may—

(a)execute a guarantee in favour of a person or body in respect of the performance of any obligation by a person or body under an agreement or contract relating to a nominated project; or

(b)execute an indemnity or covenant in favour of a person or body in respect of any expense, loss, damage, cost or liability incurred or that may be incurred by that person or body under or in respect of an agreement or contract relating to a nominated project.

(2)The Treasurer must not execute a guarantee, indemnity or covenant under subsection (1) unless he or she has first obtained the written consent of—

(a)in the case of a guarantee, indemnity or covenant relating to the obligations of the Crown under an agreement or contract, each Minister who is a party to the agreement or contract; or

(b)in any other case—

(i)any public body which is a party to the agreement or contract in relation to which the guarantee, indemnity or covenant is to be given; and

(ii)the Minister administering the Act by or under which that public body is constituted.

(3)Section 30 of the Borrowing and Investment Powers Act 1987 applies to a guarantee, indemnity or covenant under subsection (1) as if it were a guarantee, indemnity or covenant under Part 5 of that Act.

28Borrowing and investment powers

If the application order in respect of a nominated project so provides the facilitating agency is deemed—

(a)to be an authority for the purposes of the Borrowing and Investment Powers Act 1987; and

(b)to be such an authority to which such of sections 5, 8, 10, 11, 11AA, 11AB, 12, 14, 14A, 15, 20, 20A or 21 of that Act as are specified in the application order apply.

PART 4—STANDARDS AND DIRECTIONS FOR PUBLIC CONSTRUCTION

29Standards for public construction

The Minister may set standards, not inconsistent with any other Act or any statutory rule, relating to public construction.

30Directions for public construction

The Minister may issue written directions, not inconsistent with any other Act or statutory rule, relating to public construction.

31Inconsistency with supply policies

Despite anything in this Part, a provision of a standard or direction, that is inconsistent with a provision of a supply policy within the meaning of the Financial Management Act 1994, prevails to the extent of the inconsistency.

32Content of standards and directions

Standards and directions may—

(a)be of general or limited application;

(b)differ according to differences in time, place or circumstance;

(c)confer a discretionary authority or impose a duty on a specified person or class of persons;

(d)leave anything for the approval or satisfaction of a specified person or class of persons;

(e)apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person whether—

(i)wholly or partially or as amended by the standards or directions; or

(ii)as formulated, issued, prescribed or published at the time the standards are set or the directions are issued or at any time before then; or

(iii)as formulated, issued, prescribed or published from time to time;

(f)provide in a specified case or class of cases for the exemption of Departments, public bodies, persons or things or classes of Departments, public bodies, persons or things from any provision of the standards or directions, whether unconditionally or on specified conditions and either wholly or to a specified extent.

33Application of standards and directions

Standards and directions apply to any public construction undertaken by, or on behalf of, any Department or public body, except to the extent specified in the standards or directions or determined by the Minister.

34Standards and directions to be published and made available

(1)The Minister must cause a copy of any standards or directions to be made available, on request, to Departments or public bodies to which they apply.

(2)The Minister must cause a list of any standards set and directions issued during a year and notice of where they are available for inspection to be included in the report of operations of the Department for that year under Part 7 of the Financial Management Act 1994.

*                *                *                *                *

PART 5A—SECRETARY, PROJECT DEVELOPMENT

41AThe Secretary is a body corporate

(1)The person who is for the time being the Department Head of the declared Department and the successors in office of that person are a body corporate under the name "Secretary, Project Development" which, by that name—

(a)has perpetual succession;

(b)has an official seal;

(c)may sue and be sued;

(d)may acquire, hold and dispose of real and personal property;

(e)may do and suffer all things that a body corporate may, by law, do and suffer.

(2)The official seal of the Secretary, Project Development must be kept as directed by the Secretary and must not be used except as authorised by the Secretary.

(3)All courts must take judicial notice of the official seal of the Secretary, Project Development on a document and, until the contrary is proved, must presume that the seal was properly affixed.

41BFunctions of the Secretary, Project Development

(1)The Secretary, Project Development has the following functions—

(a)by agreement, to facilitate and manage public construction for Departments and public bodies;

(b)in relation to public construction—

(i)to provide consultancies, information and advice to Departments and public bodies;

(ii)to provide advice and information to the Minister;

(c)by agreement, to facilitate and manage construction for other persons or bodies.

(2)In addition to subsection (1), the Secretary, Project Development has any functions conferred on the Secretary, Project Development under Part 3.

(3)In addition to subsections (1) and (2), the Secretary, Project Development has any functions conferred on the Secretary, Project Development under Part 9A of the Planning and Environment Act 1987.

(4)The Secretary, Project Development may perform its functions within or outside Victoria.

41CPowers of the Secretary, Project Development

(1)The Secretary, Project Development has all the powers necessary to perform its functions under section 41B(1).

(2)Without limiting subsection (1), the Secretary, Project Development may, in the performance of its functions under section 41B(1)—

(a)enter into any agreements or arrangements with any person or body;

(b)enter into agreements or arrangements for the provision by the Secretary, Project Development of administration, management or information systems or services;

(c)do all things necessary or convenient to be done to give effect to the agreements and arrangements referred to in paragraphs (a) and (b);

(d)with the approval of the Treasurer, form, participate in the formation of, or be a member of a body corporate, association, partnership, trust or other body and enter into a joint venture with any other person.

(3)The Secretary, Project Development has any powers conferred under Part 3 to perform the functions conferred on the Secretary, Project Development under that Part.

(4)The Secretary, Project Development has any powers conferred on the Secretary, Project Development under Part 9A of the Planning and Environment Act 1987.

(5)The Secretary, Project Development may exercise its powers within or outside Victoria.

41DSecretary, Project Development is subject to Ministerial control

In the exercise of powers and functions the Secretary, Project Development is subject to the direction and control of the Minister.

41EDepartment Head's powers are not affected

The powers and functions of the person who for the time being constitutes the Secretary, Project Development are in addition to, and do not affect, that person's powers and functions as a Department Head under the Public Administration Act 2004.

41FDelegation

The Secretary, Project Development may by instrument delegate any of the powers conferred on the Secretary, Project Development under this Part or the regulations (other than this power of delegation) to—

(a)any employee or class of employees employed in the declared Department; or

(b)the holder of any office or position in that Department.

PART 6—GENERAL

42Improper use of information

A person connected with a nominated project must not make improper use of information acquired because of that person's connection with the project—

(a)to gain directly or indirectly any pecuniary advantage for himself or herself or anyone else;

(b)with intent to cause detriment to the project irrespective of whether or not detriment was caused.

Penalty:50 penalty units.

43Information to be confidential

(1)A person connected with a nominated project must not make a record of, or divulge or communicate to any person, information about the project that was obtained by the person in confidence except—

(a)in carrying out official duties; or

(b)in carrying out duties or obligations under this Act or any agreement or arrangement under this Act; or

(c)with the consent of the responsible Minister; or

(d)to a court, in proceedings under this Act or in relation to an agreement or arrangement made under this Act; or

(e)if the information is already in the public domain, other than as a result of a contravention of this Act.

Penalty:50 penalty units.

(2)For the purposes of subsection (1), a reference to information obtained in confidence includes a reference to information obtained by the person in circumstances in which the person knew or ought reasonably to have known the information was confidential.

44Who is connected with a nominated project?

For the purposes of sections 42 and 43, a person is connected with a nominated project if the person is or has been—

(a)a participant with the facilitating agency in a body (corporate or unincorporate), trust, partnership, joint venture, or other joint undertaking relating to the project; or

(b)a party to an agreement or arrangement made with the facilitating agency in relation to the project.

45Action by Registrar of Titles

*                *                *                *                *

(2)On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Act or an order made under this Act.

*                *                *                *                *

46Regulations

The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

PART 7—TRANSFER OF DESIGNATED FUNCTIONS AND PROJECTS

Division 1—Preliminary

47Definitions

In this Part—

commencement day means the day on which section 24 of the Project Development and Construction Management Amendment Act 2020 comes into operation;

former Secretary DIIRD property means property, rights or liabilities of the Secretary DIIRD body corporate that, under Division 2, have vested in or become liabilities of the Secretary, Project Development;

former specified transport project property means property, rights or liabilities of the Secretary DIIRD body corporate that, under Division 3, have vested in or become liabilities of the Head, Transport for Victoria;

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

instrumentincludes a document and an oral agreement;

liabilitiesmeans all liabilities, duties and obligations, whether actual, contingent or prospective;

propertymeans any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

rightsmeans all rights, powers, privileges and immunities, whether actual, contingent or prospective;

Secretary DIIRD body corporate means the body corporate in existence under section 41A immediately before the commencement day;

Secretary DIIRD body corporate instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the commencement day—

(a)to which the Secretary DIIRD body corporate was a party; or

(b)that was given to or in favour of the Secretary DIIRD body corporate; or

(c)that refers to the Secretary DIIRD body corporate; or

(d)under which—

(i)money is, or may become, payable to or by the Secretary DIIRD body corporate; or

(ii)other property is to be, or may become liable to be, transferred to or by the Secretary DIIRD body corporate;

specified transport project means—

(a)the Craigieburn Rail Electrification Project declared under the nomination order published in the Government Gazette on 29 January 2004, as amended by the order made on 19 December 2006 and published in the Government Gazette on 21 December 2006;

(b)the Dynon Port Rail Link Project declared under the nomination order published in the Government Gazette on 16 March 2006;

(c)the Jolimont Project declared under the nomination order published in the Government Gazette on 26 January 1995, as amended by order made on 5 March 2002 and published in the Government Gazette on 27 March 2002;

(d)the Rapid Transit Link Project referred to in item 24 of the Schedule;

(e)the Clifton Hill Rail Project, declared by notice published in the Government Gazette on 8 March 2007 under section 201F of the Planning and Environment Act 1987;

(f)the Country Passenger Rail Services (CPRS) Project, declared by notice published in the Government Gazette on 5 June 2003 under section 201F of the Planning and Environment Act 1987;

(g)the Regional Fast Rail Project, declared by notice published in the Government Gazette on 18 October 2001 under section 201F of the Planning and Environment Act 1987.

Division 2—Transfer to Secretary, Project Development

48Property transferred to Secretary, Project Development

On the commencement day—

(a)all property and rights of the Secretary DIIRD body corporate (except the property and rights of the Secretary DIIRD body corporate in relation to a specified transport project) vest in the Secretary, Project Development; and

(b)all liabilities of the Secretary DIIRD body corporate (except the liabilities of the Secretary DIIRD body corporate in relation to a specified transport project) become liabilities of the Secretary, Project Development.

49Effect of transfer on nomination order

If the property and rights vested in the Secretary, Project Development under this Division relate to a nominated project, on and after the commencement day—

(a)in any nomination order in force on the commencement day for the nominated project, a reference to the Secretary DIIRD body corporate as the facilitating agency for the nominated project must be construed as a reference to the Secretary, Project Development as the facilitating agency for that project; and

(b)the Secretary, Project Development is taken to be the facilitating agency for that project; and

(c)unless revoked, amended or varied in accordance with this Act, any other provision of the nomination order and any application order in force on the commencement day relating to that project continues to apply to that project.

50Vesting of property etc. subject to encumbrances

(1)Property and rights vested in the Secretary, Project Development under this Division are subject to the encumbrances (if any) to which they were subject immediately before so vesting.

(2)In respect of liabilities that become liabilities of the Secretary, Project Development under this Division, the rights to which the Secretary DIIRD body corporate was entitled in respect of those liabilities immediately before they ceased to be liabilities of that body corporate vest in the Secretary, Project Development.

51Substitution of party to agreement

If the rights and liabilities of the Secretary DIIRD body corporate under an agreement are rights that vest in or liabilities that become liabilities of the Secretary, Project Development under this Division—

(a)the Secretary, Project Development becomes, on the commencement day, a party to the agreement in place of the Secretary DIIRD body corporate; and

(b)on and after the commencement day, the agreement has effect as if the Secretary, Project Development had always been a party to the agreement.

52Secretary DIIRD body corporate instruments

Each Secretary DIIRD body corporate instrument relating to former Secretary DIIRD property continues to have effect according to its tenor on and after the commencement day as if a reference in the instrument to the Secretary DIIRD body corporate were a reference to the Secretary, Project Development.

53Proceedings

If, immediately before the commencement day, proceedings relating to former Secretary DIIRD property (including arbitration proceedings) to which the Secretary DIIRD body corporate was a party were pending or existing in any court or tribunal, then, on and after that day, the Secretary, Project Development is substituted for the Secretary DIIRD body corporate as a party to the proceedings and has the same rights in the proceedings as the Secretary DIIRD body corporate had.

54Interests in land

If, immediately before the commencement day the Secretary DIIRD body corporate is, in relation to former Secretary DIIRD property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after the commencement day—

(a)the Secretary, Project Development is taken to be the registered proprietor of that interest in land; and

(b)the Secretary, Project Development has the same rights and remedies in respect of that interest as the Secretary DIIRD body corporate had.

55Easements

If the Secretary, Project Development acquires any right in the nature of an easement (whether as a result of a transfer under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the Secretary, Project Development which is benefited or capable of being benefited by that right.

56Action by Registrar of Titles

On being requested to do so, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Division.

57Taxes

No duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given for the purpose of, or connected with, the transfer of property, rights or liabilities of the Secretary DIIRD body corporate.

58Evidence

(1)Documentary or other evidence that would have been admissible for or against the interests of the Secretary DIIRD body corporate in relation to former Secretary DIIRD property if this Division had not been enacted is admissible for or against the interests of the Secretary, Project Development.

(2)The Evidence Act 2008 applies with respect to the books of account of the Secretary DIIRD body corporate and to entries made in those books of account before the commencement day, whether or not they relate to former Secretary DIIRD property, as if those books of account and entries were business records of the Secretary, Project Development.

59Certificate of Department Head of the Department of Transport and Planning

(1)A certificate signed by the Department Head of the Department of Transport and Planning certifying that—

(a)property or rights of the Secretary DIIRD body corporate specified in the certificate have vested in the Secretary, Project Development; or

(b)liabilities of the Secretary DIIRD body corporate specified in the certificate have become liabilities of the Secretary, Project Development—

is admissible as evidence and, in the absence of evidence to the contrary, is proof that the property, rights or liabilities so specified are the property, rights and liabilities to which this Division applies.

(2)The Department Head of the Department of Transport and Planning—

(a)must keep a register of certificates issued under this section; and

(b)must make the register reasonably available for inspection by the Secretary, Project Development or other interested person.

60Validity of things done under this Division

Nothing effected by this Division or done or suffered under this Division—

(a)is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b)is to be regarded as placing any person in breach of or as constituting a default under any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c)is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d)releases any surety or other obligor wholly or in part from any obligation.

Division 3—Transfer of specified transport projects to Head, Transport for Victoria

61Property transferred to Head, Transport for Victoria

On the commencement day—

(a)all property and rights of the Secretary DIIRD body corporate relating to a specified transport project vest in the Head, Transport for Victoria; and

(b)all liabilities of the Secretary DIIRD body corporate relating to a specified transport project become liabilities of the Head, Transport for Victoria.

62Effect of transfer on nomination order

If the property and rights vested in the Head, Transport for Victoria under this Division relate to a nominated project, on and after the commencement day—

(a)in any nomination order in force on the commencement day for the nominated project, a reference to the Secretary DIIRD body corporate as the facilitating agency for the nominated project must be construed as a reference to the Head, Transport for Victoria as the facilitating agency for that project; and

(b)the Head, Transport for Victoria is taken to be the facilitating agency for that project; and

(c)unless revoked, amended or varied in accordance with this Act, any other provision of the nomination order and any application order in force on the commencement day relating to that project continues to apply to that project.

63Vesting of property etc. subject to encumbrances

(1)Property and rights vested in the Head, Transport for Victoria under this Division are subject to the encumbrances (if any) to which they were subject immediately before so vesting.

(2)In respect of liabilities that become liabilities of the Head, Transport for Victoria under this Division, the rights to which the Secretary DIIRD body corporate was entitled in respect of those liabilities immediately before they ceased to be liabilities of that body corporate vest in the Head, Transport for Victoria.

64Substitution of party to agreement

If the rights and liabilities of the Secretary DIIRD body corporate under an agreement are rights that vest in or liabilities that become liabilities of the Head, Transport for Victoria under this Division—

(a)the Head, Transport for Victoria becomes, on the commencement day, a party to the agreement in place of the Secretary DIIRD body corporate; and

(b)on and after the commencement day, the agreement has effect as if the Head, Transport for Victoria had always been a party to the agreement.

65Secretary DIIRD body corporate instruments

Each Secretary DIIRD body corporate instrument relating to former specified transport project property continues to have effect according to its tenor on and after the commencement day as if a reference in the instrument to the Secretary DIIRD body corporate were a reference to the Head, Transport for Victoria.

66Proceedings

If, immediately before the commencement day, proceedings relating to former specified transport project property (including arbitration proceedings) to which the Secretary DIIRD body corporate was a party were pending or existing in any court or tribunal, then, on and after that day, the Head, Transport for Victoria is substituted for the Secretary DIIRD body corporate as a party to the proceedings and has the same rights in the proceedings as the Secretary DIIRD body corporate had.

67Interests in land

If, immediately before the commencement day the Secretary DIIRD body corporate is, in relation to former Secretary DIIRD property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after the commencement day—

(a)the Head, Transport for Victoria is taken to be the registered proprietor of that interest in land; and

(b)the Head, Transport for Victoria has the same rights and remedies in respect of that interest as the Secretary DIIRD body corporate had.

68Easements

If the Head, Transport for Victoria acquires any right in the nature of an easement (whether as a result of a transfer under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the Head, Transport for Victoria which is benefited or capable of being benefited by that right.

69Action by Registrar of Titles

On being requested to do so, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Division.

70Taxes

No duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given for the purpose of, or connected with, the transfer of property, rights or liabilities of the Secretary DIIRD body corporate.

71Evidence

(1)Documentary or other evidence that would have been admissible for or against the interests of the Secretary DIIRD body corporate in relation to former specified transport project property if this Division had not been enacted is admissible for or against the interests of the Head, Transport for Victoria.

(2)The Evidence Act 2008 applies with respect to the books of account of the Secretary DIIRD body corporate and to entries made in those books of account in relation to a specified transport project before the commencement day, whether or not they relate to former specified transport project property, as if those books of account and entries were business records of the Head, Transport for Victoria.

72Certificate of Department Head of Department of Transport and Planning

(1)A certificate signed by the Department Head of the Department of Transport and Planning certifying that—

(a)property or rights of the Secretary DIIRD body corporate specified in the certificate have vested in the Head, Transport for Victoria; or

(b)liabilities of the Secretary DIIRD body corporate specified in the certificate have become liabilities of the Head, Transport for Victoria—

is admissible as evidence and, in the absence of evidence to the contrary, is proof that the property, rights or liabilities so specified are the property, rights and liabilities to which this Division applies.

(2)The Department Head of the Department of Transport and Planning—

(a)must keep a register of certificates issued under this section; and

(b)must make the register reasonably available for inspection by the Head, Transport for Victoria or other interested person.

73Validity of things done under this Division

Nothing effected by this Division or done or suffered under this Division—

(a)is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b)is to be regarded as placing any person in breach of or as constituting a default under any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c)is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d)releases any surety or other obligor wholly or in part from any obligation.

Division 4—Transfers of property, rights and liabilities in certain projects to transport bodies

74Definitions

In this Division—

Secretary, Project Development instrument means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the transfer date—

(a)to which the Secretary, Project Development was a party; or

(b)that was given to, or in favour of, the Secretary, Project Development; or

(c)that refers to the Secretary, Project Development; or

(d)under which—

(i)money is, or may become, payable to the Secretary, Project Development; or

(ii)other property is to be, or may become liable to be, transferred to or by the Secretary, Project Development;

transfer date means the date specified under section 75(2)(b) for the purposes of the transfer;

transfer order means an Order in Council made under section 75;

transferee transport body means the transport body specified in a transfer order and to which property, a right or a liability relating to a transport project are transferred under the transfer order;

transport body has the same meaning as in section 3 of the Transport Integration Act 2010;

transport project has the same meaning as in section 66A of the Transport Integration Act 2010.

75Transfer orders

(1)The Governor in Council may, on the recommendation of the Minister, by Order in Council transfer any or all of the property, rights and liabilities as specified, or described by reference to a class, in the Order in Council of the Secretary, Project Development in relation to a transport project to a transport body specified in the Order in Council.

(2)The transfer order must—

(a)be published in the Government Gazette; and

(b)specify the transfer date on which the transfer takes effect.

75AProperty, rights and liabilities transferred in accordance with transfer order

On the transfer date—

(a)all property and rights of the Secretary, Project Development, wherever located, that are transferred under a transfer order, vest in the transport body specified in the transfer order in accordance with the order; and

(b)all liabilities of the Secretary, Project Development, wherever located, that are transferred under a transfer order, become liabilities of the transport body specified in the transfer order in accordance with the order.

75BTransfer subject to encumbrances

If under a transfer order property and rights vest in the transferee transport body or liabilities become liabilities of the transferee transport body—

(a)the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(b)the rights to which the Secretary, Project Development was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Secretary, Project Development vest in the transferee transport body.

75CSubstitution of party to agreement

If under a transfer order the rights and liabilities of the Secretary, Project Development under an agreement are transferred to the transferee transport body—

(a)the transferee transport body becomes, on the transfer date, a party to the agreement in place of the Secretary, Project Development; and

(b)on and after the transfer date, the agreement has effect as if the transferee transport body had always been a party to the agreement.

75DSecretary, Project Development instruments

Each Secretary, Project Development instrument relating to property, rights or liabilities transferred to the transferee transport body continues to have effect according to its tenor on and after the transfer date as if a reference in the instrument to the Secretary, Project Development were a reference to the transferee transport body.

75EProceedings

If, immediately before the transfer date, proceedings relating to property, rights or liabilities transferred to the transferee transport body (including arbitration proceedings) to which the Secretary, Project Development was a party were pending or existing in any court or tribunal, then, on and after the transfer date, the transferee transport body is substituted for the Secretary, Project Development as a party to the proceedings and has the same rights in the proceedings as the Secretary, Project Development had.

75FInterests in land

If immediately before the transfer date, the Secretary, Project Development is, in relation to property, rights or liabilities transferred to the transferee transport body under a transfer order, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after the transfer date—

(a)the transferee transport body is taken to be the registered proprietor of that interest in land; and

(b)the transferee transport body has the same rights and remedies in respect of that interest as the Secretary, Project Development had.

75GEasements

If the transferee transport body acquires any right in the nature of an easement (whether as a result of a transfer under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the transferee transport body which is benefited or capable of being benefited by that right.

75HAction by Registrar of Titles

On being requested to do so, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Division.

75ITaxes

No stamp duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given for the purpose of, or connected with, the transfer of property, rights or liabilities under an Order in Council.

75JEvidence

(1)Documentary or other evidence that would have been admissible for or against the interests of the Secretary, Project Development in relation to property, rights or liabilities transferred to the transferee transport body under a transfer order is admissible for or against the interests of the transferee transport body.

(2)The Evidence Act 2008 applies with respect to the books of account of the Secretary, Project Development and to entries made in those books of account before the transfer date, whether or not they relate to Secretary, Project Development property, as if those books of account and entries were business records of the transferee transport body.

75KCertificate of Department Head of declared Department

(1)A certificate signed by the Department Head of the declared Department certifying that property, rights or liabilities of the Secretary, Project Development specified in the certificate have been transferred is admissible as evidence and, in the absence of evidence to the contrary, is proof—

(a)that the property, rights or liabilities so specified are the property, rights and liabilities to which the transfer order applies; and

(b)that the transfer order is a transfer order for the purposes of this Division.

(2)The Department Head of the declared Department—

(a)must keep a register of certificates issued under this section; and

(b)must make the register reasonably available for inspection by the transferee transport body or other interested person.

75LValidity of things done under this Division

Nothing effected by this Division or done or suffered under this Division—

(a)is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or

(b)is to be regarded as placing any person in breach of or as constituting a default under any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c)is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d)is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or

(e)is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or

(f)is to be regarded as frustrating any contract; or

(g)releases any surety or other obligor wholly or in part from any obligation.

PART 8—TRANSFERS TO SUCCESSOR SECRETARY (PROJECT DEVELOPMENT BODIES CORPORATE)

Division 1—Preliminary

75MDefinitions

In this Part—

change of name Order—see section 75ZC;

former Secretary, Project Development means the body corporate which, under section 41A, was constituted by the person who was, from time to time, the Department Head of the superseded declared Department;

former Secretary, Project Development instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—

(a)to which the former Secretary, Project Development was a party; or

(b)that was given to or in favour of the former Secretary, Project Development; or

(c)that refers to the former Secretary, Project Development; or

(d)under which—

(i)money is, or may become, payable to or by the former Secretary, Project Development; or

(ii)other property is to be, or may become liable to be, transferred to or by the former Secretary, Project Development;

former Secretary, Project Development property means property, rights or liabilities of the former Secretary, Project Development that, under this Division, have vested in or become liabilities of the successor Secretary, Project Development;

instrumentincludes a document and an oral agreement;

liabilitiesmeans all liabilities, duties and obligations, whether actual, contingent or prospective;

new declaration Order means an Order under section 5AA which declares a Department and revokes an Order under section 5AA declaring another Department;

new declared Department means the Department declared by a new declaration Order;

propertymeans any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

relevant date means the date on which a new declaration Order under section 5AA takes effect;

rightsmeans all rights, powers, privileges and immunities, whether actual, contingent or prospective;

successor Secretary, Project Development means the body corporate which, under section 41A, is constituted by the person who is, from time to time, the Department Head of the new declared Department;

superseded declared Department means the Department declared by an Order under section 5AA that is revoked by a new declaration Order.

Division 2—Transfer to successor Secretary, Project Development

75NApplication of Division

(1)This Division applies after the first Order made under section 5AA takes effect.

(2)This Division does not apply if a new declaration Order is a change of name Order.

75OFormer Secretary, Project Development is dissolved

On the relevant date, the former Secretary, Project Development is dissolved.

75PProperty transferred to successor Secretary, Project Development

On the relevant date—

(a)all property and rights of the former Secretary, Project Development vest in the successor Secretary, Project Development; and

(b)all liabilities of the former Secretary, Project Development become liabilities of the successor Secretary, Project Development.

75QEffect of transfer on nomination order

If the property and rights vested in the successor Secretary, Project Development under this Division relate to a nominated project, on and after the relevant date—

(a)in any nomination order in force as at that relevant date for the nominated project, a reference to the former Secretary, Project Development as the facilitating agency for the nominated project must be construed as a reference to the successor Secretary, Project Development as the facilitating agency for that project; and

(b)the successor Secretary, Project Development is taken to be the facilitating agency for that project; and

(c)unless revoked, amended or varied in accordance with this Act, any other provision of the nomination order and any application order in force as at the relevant date relating to that project continues to apply to that project.

75RVesting of property etc. subject to encumbrances

(1)Property and rights vested in the successor Secretary, Project Development under this Division are subject to the encumbrances (if any) to which they were subject immediately before so vesting.

(2)In respect of liabilities that become liabilities of the successor Secretary, Project Development under this Division, the rights to which the former Secretary, Project Development was entitled in respect of those liabilities immediately before they ceased to be liabilities of that body corporate vest in the successor Secretary, Project Development.

75SSubstitution of party to agreement

If the rights and liabilities of the former Secretary, Project Development under an agreement are rights that vest in or liabilities that become liabilities of the successor Secretary, Project Development under this Division—

(a)the successor Secretary, Project Development becomes, on the relevant date, a party to the agreement in place of the former Secretary, Project Development; and

(b)on and after the relevant date, the agreement has effect as if the successor Secretary, Project Development had always been a party to the agreement.

75TFormer Secretary, Project Development instruments

Each former Secretary, Project Development instrument relating to former Secretary, Project Development property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the former Secretary, Project Development were a reference to the successor Secretary, Project Development.

75UProceedings

If, immediately before the relevant date, proceedings relating to former Secretary, Project Development property (including arbitration proceedings) to which the former Secretary, Project Development was a party were pending or existing in any court or tribunal, then, on and after that date, the successor Secretary, Project Development is substituted for the former Secretary, Project Development as a party to the proceedings and has the same rights in the proceedings as former Secretary, Project Development had.

75VInterests in land

If, immediately before the relevant date, the former Secretary, Project Development is, in relation to former Secretary, Project Development property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(a)the successor Secretary, Project Development is taken to be the registered proprietor of that interest in land; and

(b)the successor Secretary, Project Development has the same rights and remedies in respect of that interest as the former Secretary, Project Development had.

75WEasements

If the successor Secretary, Project Development acquires any right in the nature of an easement (whether as a result of a transfer under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the successor Secretary, Project Development which is benefited or capable of being benefited by that right.

75XAction by Registrar of Titles

On being requested to do so, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Division.

75YTaxes

No duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given for the purpose of, or connected with, the transfer of property, rights or liabilities of the former Secretary, Project Development.

75ZEvidence

(1)Documentary or other evidence that would have been admissible for or against the interests of the former Secretary, Project Development in relation to former Secretary, Project Development property if this Division had not been enacted is admissible for or against the interests of the successor Secretary, Project Development.

(2)The Evidence Act 2008 applies with respect to the books of account of the former Secretary, Project Development and to entries made in those books of account before the relevant date, whether or not they relate to former Secretary, Project Development property, as if those books of account and entries were business records of the successor Secretary, Project Development.

75ZACertificate of Department Head of superseded declared Department

(1)A certificate signed by the Department Head of the superseded declared Department certifying that—

(a)property or rights of the former Secretary, Project Development specified in the certificate have vested in the successor Secretary, Project Development; or

(b)liabilities of the former Secretary, Project Development specified in the certificate have become liabilities of the successor Secretary, Project Development—

is admissible as evidence and, in the absence of evidence to the contrary, is proof that the property, rights or liabilities so specified are the property, rights and liabilities to which this Division applies.

(2)The Department Head of the superseded declared Department—

(a)must keep a register of certificates issued under this section; and

(b)must make the register reasonably available for inspection by the successor Secretary, Project Development or other interested person.

75ZBValidity of things done under this Division

Nothing effected by this Division or done or suffered under this Division—

(a)is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b)is to be regarded as placing any person in breach of or as constituting a default under any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c)is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d)releases any surety or other obligor wholly or in part from any obligation.

Division 3—Change of name of declared Department

75ZCApplication of Division

This Division applies if—

(a)an Order is made under section 10(c) of the Public Administration Act 2004 that changes the name of the declared Department; and

(b)an Order is made under section 5AA declaring a Department with the changed name (a change of name Order).

75ZDChange of name of declared Department

The taking of effect of a change of name Order does not—

(a)create a new legal entity; and

(b)prejudice or affect the identity of the Secretary, Project Development as a body corporate or the continuity of that body corporate; and

(c)affect the property, rights or obligations of the Secretary, Project Development; and

(d)render defective any legal proceedings by or against the Secretary, Project Development.

PART 9—TRANSITIONAL AND SAVING PROVISIONS

76Confirmation of nomination order

For the removal of doubt, the order entitled Amendment of Nomination Orders made by the Governor in Council on 5 March 2002 and published in the Government Gazette on 27 March 2002 is deemed to be and always to have been valid and effective in accordance with its terms.

77Confirmation of direction

For the removal of doubt, the direction given by the Minister for Major Projects to the Secretary to the Department of State and Regional Development under section 41D and dated 28 February 2002 is deemed to be and always to have been valid and effective in accordance with its terms.

*                *                *                *                *

*                *                *                *                *

79ABody corporate is dissolved

On the commencement of this section, the body corporate established under section 41A, as in force immediately before the commencement of this section, is dissolved.

*                *                *                *                *

*                *                *                *                *

SCHEDULE—MAJOR STATE PROJECTS

1Melbourne Casino Project

2New Exhibition Centre Project

3New Museum of Victoria Project

4State Library Restoration and Extension Project

5Living Museum of Aboriginal Culture Project

6Old Customs House Project

7Old Treasury Building Project

8City Square/Regent Theatre Project

9Bayside Project

10Bundoora Mont Park Precinct Project

11Princes Gate Plaza Project

12Jolimont Project

13Southbank Project

14Lynch's Bridge Project

15Melbourne Sports and Aquatic Centre Project

16Convention Centre Project

17Prince Henry's Site Disposal Project

18National Tennis Centre Pedestrian Bridge Project

19Queen Victoria Hospital Site Project

20Docklands Project

21Olympic Park Car Park Project

22Redevelopment of the MCG Southern Stand Project

23Bullock Island Project

24Rapid Transit Link Project

═══════════════

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: 15 November 1994

Legislative Council: 6 December 1994

The long title for the Bill for this Act was "A Bill to facilitate certain development projects in Victoria, to provide for the setting of standards and the issuing of directions in relation to public construction, to establish the Secretary to the Department of Planning and Development as a body corporate, to provide for the transfer of certain matters from the Urban Land Authority to the Secretary to the Department of Planning and Development, to amend the Bayside Project Act 1988, to repeal the Public Lands and Works Act 1964, and to make consequential amendments to other Acts and for other purposes.".

The Project Development and Construction Management Act 1994 was assented to on 13 December 1994 and came into operation as follows:

Sections 1, 2 on 13 December 1994: section 2(1); sections 3–28, 35–59, 63, Schedule on 12 January 1995: Government Gazette 12 January 1995 page 15—see Interpretation of Legislation Act 1984; rest of Act on 22 May 1995: Government Gazette 18 May 1995 page 1180.

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 Project Development and Construction Management Act 1994 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Financial Management and Audit Acts (Amendment) Act 1995, No. 43/1995

Assent Date:	14.6.95
Commencement Date:	S. 23 on 13.12.94: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

Project Development and Construction Management (Amendment) Act 1997, No. 46/1997

Assent Date:	11.6.97
Commencement Date:	11.6.97: s. 2
CurrentState:	All of Act in operation

Planning and Environment (Amendment) Act 1997, No. 103/1997

Assent Date:	16.12.97
Commencement Date:	S. 5 on 16.12.97: s. 2
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

Residential Tenancies Act 1997, No. 109/1997

Assent Date:	23.12.97
Commencement Date:	S. 533(Sch. 2 item 10) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

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 Project Development and Construction Management Act 1994

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 47) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

Project Development and Construction Management (Amendment) Act 2000, No. 72/2000

Assent Date:	21.11.00
Commencement Date:	1.1.01: s. 2
CurrentState:	All of Act in operation

Commonwealth Games Arrangements Act 2001, No. 57/2001

Assent Date:	16.10.01
Commencement Date:	S. 67 on 17.10.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

Commonwealth Games Arrangements (Amendment) Act 2003, No. 16/2003

Assent Date:	13.5.03
Commencement Date:	Ss 22–26 on 14.5.03: s. 2
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 163) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

Public Administration Amendment Act 2009, No. 27/2009

Assent Date:	17.6.09
Commencement Date:	Ss 18(1), 19(1), 20, 23 on 18.6.09: s. 2(1); ss 18(2), 19(2)(3), 21, 22 on 30.6.09: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, No. 45/2009

Assent Date:	5.8.09
Commencement Date:	S. 13 on 6.8.09: s. 2
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 44) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009

Assent Date:	15.12.09
Commencement Date:	S. 30 on 16.12.09: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	Ss 25(5)(Sch. 2 item 11), 203(1)(Sch. 6 item 38) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010, No. 23/2010

Assent Date:	1.6.10
Commencement Date:	S. 16 on 1.7.10: Special Gazette (No. 242) 25.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 133) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

Project Development and Construction Management Amendment Act 2020, No. 30/2020

Assent Date:	27.10.20
Commencement Date:	Ss 3–25 on 22.12.20: Special Gazette (No. 685) 22.12.20 p. 1
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

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 34) on 6.8.25: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Project Development and Construction Management Act 1994

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

No entries at date of publication.