Project Development and Construction Management Amendment Act 2020 (Vic)
Project Development and Construction Management Amendment Act 2020
No. 30 of 2020
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Project Development and Construction Management Act 1994
3Purposes
4Definitions
5Application of Act
6New section 5AA inserted
7Delegation by facilitating agency
8Reciprocal arrangements with public sector agencies
9Content of standards and directions
10Application of standards and directions
11Standards and directions to be published and made available
12Heading to Part 5A substituted
13The Secretary is a body corporate
14Functions of the Secretary, Project Development
15Powers of the Secretary, Project Development
16Secretary, Project Development is subject to Ministerial control
17Department Head's powers are not affected
18Delegation
19Action by Registrar of Titles
20Part 7 substituted
21Part 8 substituted
22Section 78 repealed
23Section 79 repealed
24New section 79A inserted
25Part 10 repealed
Part 3—Amendment of Planning and Environment Act 1987
26Definitions
27New section 225 inserted
Part 4—Repeal of this Act
28Repeal of this Act
═════════════
Endnotes
1 General information
Project Development and Construction Management Amendment Act 2020
No. 30 of 2020
[Assented to 27 October 2020]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Project Development and Construction Management Act 1994—
(i)to establish the Secretary, Project Development; and
(ii)to dissolve the Secretary to the Department of Innovation, Industry and Regional Development body corporate (currently the Secretary to the Department of Transport body corporate) established under section 41A of that Act; and
(iii)to set out a process for the transfer of certain property, rights and liabilities to the Secretary, Project Development; and
(iv)to set out a process for the transfer of the property, rights and liabilities in relation to certain transport projects under the Project Development and Construction Management Act 1994 and Part 9A of the Planning and Environment Act 1987 to the Head, Transport for Victoria; and
(v)to set out a process for the transfer of projects to successor bodies corporate constituting the Secretary, Project Development; and
(b)to consequentially amend the Planning and Environment Act 1987.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 January 2021, it comes into operation on that day.
Part 2—Amendment of Project Development and Construction Management Act 1994
3Purposes
(1)Section 1(d) and (db) of the Project Development and Construction Management Act 1994 are repealed.
(2)In section 1(da) of the Project Development and Construction Management Act 1994, for "to the Department of Innovation, Industry and Regional Development" substitute ", Project Development".
4Definitions
In section 3(1) of the Project Development and Construction Management Act 1994—
(a)insert the following definitions—
"declared Department means a Department declared under section 5AA;
Department Head means a Department Head within the meaning of section 4(1) of the Public Administration Act 2004;
Secretary, Project Development means the body corporate established under section 41A;";
(b)for the definition of department substitute—
"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;";
(c)in the definition of public construction, for "departments" substitute "Departments";
(d)the definition of Secretary to the Department of Innovation, Industry and Regional Development is repealed.
5Application of Act
In section 5(4) of the Project Development and Construction Management Act 1994—
(a)omit "Part 5 or";
(b)omit "of this Act".
6New section 5AA inserted
After section 5 of the Project Development and Construction Management Act 1994 insert—
"5AA Declaration 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.".
7Delegation by facilitating agency
(1)After section 11(1)(a) of the Project Development and Construction Management Act 1994 insert—
"(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".
(2)After section 11(2)(c) of the Project Development and Construction Management Act 1994 insert—
"(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".
8Reciprocal arrangements with public sector agencies
In section 16(1) of the Project Development and Construction Management Act 1994, for "department" substitute "Department".
9Content of standards and directions
In section 32(f) of the Project Development and Construction Management Act 1994, for "departments" (where twice occurring) substitute "Departments".
10Application of standards and directions
In section 33 of the Project Development and Construction Management Act 1994, for "department" substitute "Department".
11Standards and directions to be published and made available
In section 34(1) of the Project Development and Construction Management Act 1994, for "departments" substitute "Departments".
12Heading to Part 5A substituted
For the heading to Part 5A of the Project Development and Construction Management Act 1994 substitute—
"Part 5A—Secretary, Project Development".
13The Secretary is a body corporate
(1)In section 41A(1) of the Project Development and Construction Management Act 1994—
(a)omit "(within the meaning of the Public Administration Act 2004)";
(b)for "Department of Innovation, Industry and Regional Development" substitute "declared Department";
(c)for '"Secretary to the Department of Innovation, Industry and Regional Development "' substitute '"Secretary, Project Development"'.
(2)In section 41A(2) and (3) of the Project Development and Construction Management Act 1994, for "Secretary to the Department of Innovation, Industry and Regional Development" substitute "Secretary, Project Development".
14Functions of the Secretary, Project Development
(1)For the heading to section 41B of the Project Development and Construction Management Act 1994 substitute—
"Functions of the Secretary, Project Development".
(2)In section 41B(1) of the Project Development and Construction Management Act 1994—
(a)for "Secretary to the Department of Innovation, Industry and Regional Development" substitute "Secretary, Project Development";
(b)in paragraph (a), for "departments" substitute "Departments";
(c)in paragraph (b)(i), for "departments" substitute "Departments".
(3)In section 41B(2) of the Project Development and Construction Management Act 1994, for "Secretary to the Department of Innovation, Industry and Regional Development" (where twice occurring) substitute "Secretary, Project Development".
(4)In section 41B(3) of the Project Development and Construction Management Act 1994, for "Secretary to the Department of Innovation, Industry and Regional Development" (where twice occurring) substitute "Secretary, Project Development".
(5)In section 41B(4) of the Project Development and Construction Management Act 1994, for "Secretary to the Department of Innovation, Industry and Regional Development" substitute "Secretary, Project Development".
15Powers of the Secretary, Project Development
(1)For the heading to section 41C of the Project Development and Construction Management Act 1994 substitute—
"Powers of the Secretary, Project Development".
(2)In section 41C(1) of the Project Development and Construction Management Act 1994, for "Secretary to the Department of Innovation, Industry and Regional Development" substitute "Secretary, Project Development".
(3)In section 41C(2) of the Project Development and Construction Management Act 1994, for "Secretary to the Department of Innovation, Industry and Regional Development" (where twice occurring) substitute "Secretary, Project Development".
(4)In section 41C(3) of the Project Development and Construction Management Act 1994, for "Secretary to the Department of Innovation, Industry and Regional Development" (where twice occurring) substitute "Secretary, Project Development".
(5)In section 41C(4) of the Project Development and Construction Management Act 1994, for "Secretary to the Department of Innovation, Industry and Regional Development" (where twice occurring) substitute "Secretary, Project Development".
(6)In section 41C(5) of the Project Development and Construction Management Act 1994, for "Secretary to the Department of Innovation, Industry and Regional Development" substitute "Secretary, Project Development".
16Secretary, Project Development is subject to Ministerial control
(1)For the heading to section 41D of the Project Development and Construction Management Act 1994 substitute—
"Secretary, Project Development is subject to Ministerial control".
(2)In section 41D of the Project Development and Construction Management Act 1994, for "Secretary to the Department of Innovation, Industry and Regional Development" substitute "Secretary, Project Development".
17Department Head's powers are not affected
In section 41E of the Project Development and Construction Management Act 1994, for "Secretary to the Department of Innovation, Industry and Regional Development" substitute "Secretary, Project Development".
18Delegation
In section 41F of the Project Development and Construction Management Act 1994—
(a)for "Secretary to the Department of Innovation, Industry and Regional Development" (where twice occurring) substitute "Secretary, Project Development";
(b)in paragraph (a), for "Department of Innovation, Industry and Regional Development" substitute "declared Department".
19Action by Registrar of Titles
Section 45(3) of the Project Development and Construction Management Act 1994 is repealed.
20Part 7 substituted
For Part 7 of the Project Development and Construction Management Act 1994 substitute—
"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;
instrument includes a document and an oral agreement;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
rights means 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
(1)A certificate signed by the Department Head of the Department of Transport 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—
(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
(1)A certificate signed by the Department Head of the Department of Transport 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—
(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.".
21Part 8 substituted
For Part 8 of the Project Development and Construction Management Act 1994 substitute—
"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;
instrument includes a document and an oral agreement;
liabilities means 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;
property means 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;
rights means 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.".
22Section 78 repealed
Section 78 of the Project Development and Construction Management Act 1994 is repealed.
23Section 79 repealed
Section 79 of the Project Development and Construction Management Act 1994 is repealed.
24New section 79A inserted
After section 79 of the Project Development and Construction Management Act 1994 insert—
"79A Body 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.".
25Part 10 repealed
Part 10 of the Project Development and Construction Management Act 1994 is repealed.
Part 3—Amendment of Planning and Environment Act 1987
26Definitions
In section 201E of the Planning and Environment Act 1987 for the definition of Secretary substitute—
"Secretary means Secretary, Project Development within the meaning of section 3(1) of the Project Development and Construction Management Act 1994.".
27New section 225 inserted
At the end of Part 11 of the Planning and Environment Act 1987 insert—
"225 Transitional provision—Project Development and Construction Management Amendment Act 2020
(1)On the commencement day, the following projects cease to be declared projects within the meaning of section 201E—
(a)the Clifton Hill Rail Project, declared by notice published in the Government Gazette on 8 March 2007 under section 201F;
(b)the Country Passenger Rail Services (CPRS) Project, declared by notice published in the Government Gazette on 5 June 2003 under section 201F;
(c)the Regional Fast Rail Project, declared by notice published in the Government Gazette on 18 October 2001 under section 201F.
(2)In this section—
commencement day has the same meaning as in section 47 of the Project Development and Construction Management Act 1994.".
Part 4—Repeal of this Act
28Repeal of this Act
This Act is repealed on 1 January 2022.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
═════════════
Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 6 February 2020
Legislative Council: 5 March 2020
The long title for the Bill for this Act was "A Bill for an Act to amend the Project Development and Construction Management Act 1994, the Planning and Environment Act 1987 and for other purposes."
0
0
0