Transport Infrastructure and Planning Legislation Amendment Act 2024 (Vic)

Transport Infrastructure and Planning Legislation Amendment Act 2024

No. 48 of 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Major Transport Projects Facilitation Act 2009

Division 1—Major transport project declarations, appointments and project area designations

3Definitions

4New section 4AA inserted

5Declaration of a transport project

6Assessment of transport project before declaration

7Sections 14 and 15 substituted

8Delegation by Project Minister

9New section 15AB inserted

10Designation of project area

11Variations to project area

12Plans to be published on the Internet

Division 2—Project authority functions and powers

13Definitions

14Delegation—to the project contractor

15Sub-delegations by project contractor

16Section 110 substituted

17Effect of notification of completion of an approved project

Division 3—Project delivery powers

18Definitions

19Notice of acquisition

20New section 116A inserted

21New section 150A inserted

22New Subdivision 1AA of Division 7 of Part 6 inserted

23Project authority may enter, occupy, use and carry out works on certain land

24Transfer of easements to utilities or transport bodies

25New Subdivision 5 of Division 7 of Part 6 inserted

26Works powers in relation to roads

27Power to discontinue or realign a road

28Effect of notice of realignment of road

29Other powers relating to the management of roads and traffic

30Section 186E amended

31New section 186F inserted

32Sections 193, 194 and 195 substituted

33Powers concerning the leaving standing of vehicles in parking areas on roads

34New Subdivision 4 of Division 8 of Part 6 inserted

35Restricted access areas

36Limitation on powers of Councils to make local laws

Division 4—Utilities

37Delegation by Project Minister

38Model utility agreement guidelines

Division 5—Miscellaneous

39Definitions

40Section 138 amended

41Application of Division

42Taxes and duties

43New Part 13 inserted

44Statute law revision

Part 3—Amendment of Planning and Environment Act 1987

45New Part 9AB inserted

46Secretary may delegate powers to employees

47New section 187A inserted

Part 4—Amendment of Road Management Act 2004

48New section 14A inserted

Part 5—Amendment of Suburban Rail Loop Act 2021

49Definitions

50Content of project completion declaration

51Authority ceases to have functions in relation to applicable project area under the Major Transport Projects Facilitation Act 2009

Part 6—Amendment of Transport Integration Act 2010

52Powers of the Secretary

Part 7—Repeal of this Act

53Repeal of this Act

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Endnotes

1      General information

Transport Infrastructure and Planning Legislation Amendment Act 2024

No. 48 of 2024

[Assented to 26 November 2024]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to amend the Major Transport Projects Facilitation Act 2009—

(i)in relation to the making of major transport project declarations; and

(ii)in relation to the delegation and sub‑delegation of project authority functions and powers; and

(iii)to provide for new project delivery powers and expand existing project delivery powers; and

(iv)to make other minor and miscellaneous amendments to improve the operation of that Act; and

(b)to amend the Planning and Environment Act 1987 to provide for the delivery of precinct projects utilising the project powers under the Major Transport Projects Facilitation Act 2009; and

(c)to amend the Road Management Act 2004 in relation to the classification of roads for the purposes of that Act; and

(d)to amend the Suburban Rail Loop Act 2021 in relation to the ceasing of functions and powers on completion of a Suburban Rail Loop project; and

(e)to amend the Transport Integration Act 2010 to clarify the powers of the Secretary to the Department of Transport and Planning to enter into contracts for and on behalf of the State.

2Commencement

(1)This Act, except sections 19 and 20, Division 4 of Part 2 and Parts 3 and 6, comes into operation on the day after 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 before 10 September 2025, it comes into operation on that day.

PART 2—AMENDMENT OF MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009

Division 1—Major transport project declarations, appointments and project area designations

3Definitions

In section 3 of the Major Transport Projects Facilitation Act 2009—

(a)in the definition of approved project, after "declared project" insert ", or part of a declared project,";

(b)for the definition of non-transport infrastructure substitute—

"non-transport infrastructure has the meaning given by section 4AA;";

(c)in the definition of Project Minister, for "section 14" substitute "section 14(1)(a)";

(d)in the definition of project proponent, for "section 15" substitute "section 14(1)(b), (2) or (3)";

(e)in the definition of transport project, after "a project" insert ", or a program of works or projects,".

4New section 4AA inserted

After section 4 of the Major Transport Projects Facilitation Act 2009 insert—

"4AA   Meaning of non-transport infrastructure

(1)For the purposes of this Act, non-transport infrastructure means any infrastructure that is not transport infrastructure and that, when constructed, is—

(a)in, on, over, part of, or related or connected to, transport infrastructure; or

(b)adjacent to, or in proximity to, transport infrastructure; or

(c)ancillary to, or required in connection with, other non-transport infrastructure that satisfies the requirements in paragraph (a) or (b).

(2)For the purposes of subsection (1), infrastructure includes the following—

(a)civic infrastructure and public places, including open spaces, parks and gardens;

(b)commercial, residential and industrial buildings;

(c)drainage, waterways and earthworks;

(d)utility infrastructure;

(e)any other facility, building, fixture, fitting or permanent structure;

(f)any other thing that is prescribed to be infrastructure for the purposes of this definition.".

5Declaration of a transport project

(1)After section 10(1) of the Major Transport Projects Facilitation Act 2009 insert—

"(1A)Subsection (1)(a) does not apply to a transport project that is a program of works or projects.".

(2)After section 10(2) of the Major Transport Projects Facilitation Act 2009 insert—

"(2A)A declaration under subsection (1)(b) for a transport project that is a program of works or projects must specify the works or projects that constitute the program of works or projects.".

6Assessment of transport project before declaration

After section 12(1) of the Major Transport Projects Facilitation Act 2009 insert—

"(1A)In addition, for the declaration of a transport project that is a program of works or projects under section 10(1)(b), the Premier must be satisfied that—

(a)the works or projects that constitute the program of works or projects are sufficiently connected to each other to justify the program being designated as a single declared project; and

(b)the majority of the works or projects within the program contain works that are not, or will not be, minor or routine.".

7Sections 14 and 15 substituted

For sections 14 and 15 of the Major Transport Projects Facilitation Act 2009 substitute—

"14   Appointment of Project Minister and project proponent

(1)The Premier, by notice published in the Government Gazette—

(a)must appoint a Minister to be the Project Minister for a declared project; and

(b)may, after consulting with the Minister who is to be appointed the Project Minister for the declared project, appoint the public authority that will be the project proponent for that declared project.

(2)If a project proponent has not been appointed under subsection (1)(b), the Project Minister, by notice published in the Government Gazette, must appoint the public authority that will be the project proponent for that declared project.

(3)Subject to subsection (4), the Project Minister, by notice published in the Government Gazette, may replace a public authority appointed as the project proponent with another public authority.

(4)The Project Minister must consult with the Premier before replacing a public authority appointed by the Premier.".

8Delegation by Project Minister

In section 15A(2) of the Major Transport Projects Facilitation Act 2009, after "specified declared project" insert "or part of a declared project".

9New section 15AB inserted

After section 15A of the Major Transport Projects Facilitation Act 2009 insert—

"15AB   Premier may add scope to development of declared project

(1)The Premier, by notice and on the recommendation of the Project Minister, may add scope to the development of a declared project to which this Act (other than Parts 3 and 8) applies.

(2)The Premier may add scope to the development of a declared project under subsection (1) if—

(a)the project area has not yet been designated for—

(i)the declared project; or

(ii)the part of the declared project to which the additional scope for the development of the declared project relates; and

(b)the Premier is satisfied that the additional scope for the development of the declared project has a sufficient connection with the declared project.

(3)A notice under subsection (1) must be published in the Government Gazette and on an Internet site maintained by the Department of Premier and Cabinet.

(4)If a declared project is a program of works or projects, additional projects cannot be added to the declared project under subsection (1).".

10Designation of project area

In section 95 of the Major Transport Projects Facilitation Act 2009—

(a)in subsection (2)—

(i)omit "the area of land for";

(ii)in paragraph (a), for "the declared project to which that declaration relates" substitute "the area or areas of land for the declared project to which that declaration relates or the first part of that declared project";

(iii)in paragraph (b), after "approval decision—" insert "the area of land for";

(b)in subsection (2A)(a) and (b), for "area of land" substitute "area or areas of land";

(c)in subsection (3)(a), after "the area" insert "or areas";

(d)in subsection (3)(b), for "the declared project is not prohibited by or under an applicable planning scheme." substitute—

"—

(i)the declared project is not prohibited by or under an applicable planning scheme; or

(ii)if the designation is in relation to the first part of the declared project, that part of the declared project is not prohibited by or under an applicable planning scheme.";

(e)in subsection (5), after "transport project" insert "or part of a transport project".

11Variations to project area

(1)In section 96(1) and (3) of the Major Transport Projects Facilitation Act 2009—

(a)in paragraph (a), for "area of land in the vicinity of the project area" substitute "area or areas of land";

(b)in paragraph (b), after "an area" insert "or areas".

(2)For section 96(4) of the Major Transport Projects Facilitation Act 2009 substitute—

"(4)The Planning Minister must not make a designation under subsection (3) unless—

(a)the Planning Minister has received a plan that contains sufficient detail to identify the extent of the area or areas of land to be designated; and

(b)if the request is for the purposes of designating an area or areas of land for a subsequent part of a declared project to which this Act (other than Parts 3 and 8) applies, the Planning Minister is satisfied that the subsequent part of the declared project to which the request relates is not prohibited by or under an applicable planning scheme.

(4A)A designation of an area or areas of land for a subsequent part of a declared project to which this Act (other than Parts 3 and 8) applies may—

(a)specify an area or areas of land where associated works have been or will be carried out; and

(b)note whether the specified area or areas of land or any activity on that land has been subject to an applicable approval under an applicable law.".

(3)After section 96(5) of the Major Transport Projects Facilitation Act 2009 insert—

"(6)For the purposes of subsection (4)(b), the subsequent part of the declared project is not prohibited by or under a planning scheme if—

(a)it is permitted as of right; or

(b)it may be undertaken without a planning permit (whether or not the planning scheme requires other approvals or consents to be obtained before it may be undertaken); or

(c)it may be undertaken with a planning permit (whether or not a planning permit may be granted or refused).".

12Plans to be published on the Internet

In section 98A(a) of the Major Transport Projects Facilitation Act 2009, after "the area" insert "or areas".

Division 2—Project authority functions and powers

13Definitions

In section 3 of the Major Transport Projects Facilitation Act 2009 insert the following definition—

"utilities interface function, power or duty means a function or power conferred, or duty imposed, on a project authority under Division 5 of Part 7;".

14Delegation—to the project contractor

(1)For section 105(1) of the Major Transport Projects Facilitation Act 2009 substitute—

"(1)A project authority, by instrument, may delegate to a project contractor—

(a)a road function; or

(b)a utilities interface function, power or duty.".

(2)In section 105(2) of the Major Transport Projects Facilitation Act 2009—

(a)omit "road";

(b)for "publish a notice of that delegation" substitute "cause a notice of the delegation to be published".

(3)Section 105(3) of the Major Transport Projects Facilitation Act 2009 is repealed.

15Sub-delegations by project contractor

(1)In section 106(1) of the Major Transport Projects Facilitation Act 2009 omit "road" (where twice occurring).

(2)In section 106(2) of the Major Transport Projects Facilitation Act 2009 omit "road".

(3)In section 106(3) of the Major Transport Projects Facilitation Act 2009—

(a)omit "road";

(b)for "publish a notice of that sub-delegation" substitute "cause a notice of the sub‑delegation to be published".

16Section 110 substituted

For section 110 of the Major Transport Projects Facilitation Act 2009 substitute—

"110   Notification of completion of approved project

(1)On the completion of an approved project or a part of an approved project, the project authority for the project must give the Project Minister written notice—

(a)advising of the completion of the approved project or the part of the approved project; and

(b)specifying the project area or the part of the project area that relates to the approved project or the part of the approved project that has been completed.

(2)On receiving a notice under subsection (1), the Project Minister must publish a notice in the Government Gazette—

(a)containing the information referred to in subsection (1); and

(b)describing any land reserved for a public purpose by or under this Act or any other Act for the purposes of the approved project or the part of the approved project that will not be reserved for a public purpose on the declaration taking effect.".

17Effect of notification of completion of an approved project

In section 111 of the Major Transport Projects Facilitation Act 2009, for ", the project authority ceases to have any project functions in respect of the approved project to which the notice relates." substitute—

"—

(a)the project authority ceases to have any project functions in respect of the approved project or the part of the approved project to which the notice relates; and

(b)the project area or the part of the project area specified in the notice ceases—

(i)to be a project area; or

(ii)to form a part of the project area.".

Division 3—Project delivery powers

18Definitions

In section 3 of the Major Transport Projects Facilitation Act 2009 insert the following definition—

"realign, in relation to a road, includes narrowing or widening of the road;".

19Notice of acquisition

In section 113A(1)(b) of the Major Transport Projects Facilitation Act 2009, for "the land is to vest in the project authority." substitute—

"—

(i)the land is to vest in the project authority; or

(ii)if the interest in land is a right in the nature of an easement or purporting to be an easement, the interest in land is to be extinguished.".

20New section 116A inserted

After section 116 of the Major Transport Projects Facilitation Act 2009 insert—

116AExtinguishment of acquired easements"

(1)This section applies if—

(a)an interest in land described in a notice of acquisition is a right in the nature of an easement or purporting to be an easement; and

(b)the interest in land described in the notice of acquisition existed immediately before the publication of the notice of acquisition; and

(c)the notice of acquisition contains an express declaration that the interest in land described in the notice is to be extinguished.

(2)Despite section 24 of the Land Acquisition and Compensation Act 1986—

(a)the interest in land described in the notice of acquisition is extinguished immediately on publication of the notice in the Government Gazette; and

(b)to the extent necessary to give effect to the extinguishment, any interest that a person has in that interest in land is divested or diminished.".

21New section 150A inserted

Before section 151 of the Major Transport Projects Facilitation Act 2009 insert—

150AApplication of Division"

This Division does not apply to project land that has been acquired after the exercise of powers under section 165P in relation to that land.

Note

Section 165P provides for the entry, occupation and use of land within the project area for the construction of permanent infrastructure before the land has been acquired under section 112. Section 165ZA provides that the project authority is taken to be in possession of the land following its acquisition.".

22New Subdivision 1AA of Division 7 of Part 6 inserted

After Subdivision 1 of Division 7 of Part 6 of the Major Transport Projects Facilitation Act 2009 insert—

'Subdivision 1AA—Entry onto and carrying out works on land in project area intended to be acquired

165ODefinitions

In this Subdivision—

abandon acquisition notice means a notice given under section 165Y;

advance works notice—see section 165Q(1);

construction completion date means the date the construction of the permanent infrastructure was completed that is specified in a notice given under section 165W;

draft LACA notice—see section 165Q(3)(e);

LACA notice of intention to acquire means a notice under section 6 of the Land Acquisition and Compensation Act 1986.

165PProject authority may enter, occupy, use and carry out works on certain land

(1)Subject to this Subdivision, a project authority, or a person authorised in writing by a project authority, may—

(a)enter, occupy and use land within the project area for the approved project; and

(b)carry out works on the land mentioned in paragraph (a) for the construction of permanent infrastructure for the purposes of an approved project or any purpose connected with an approved project.

(2)A power under subsection (1) may be exercised only if—

(a)the project authority intends to compulsorily acquire at least the part of the land on which the permanent infrastructure is to be constructed; and

(b)the project authority is satisfied that it is not reasonably practicable to precisely identify the area of land on which the permanent infrastructure will be constructed before the works for the construction of the permanent infrastructure are commenced.

165QProject authority to give notice to owner or occupier before entering, occupying and using land

(1)At least 30 days before a project authority, or a person authorised by a project authority, enters any land under section 165P, the project authority must give the occupier of the land, and if the occupier is not the owner, the owner of the land, written notice of the intention to enter, occupy and use the land (an advance works notice).

(2)Within 30 days after the giving of an advance works notice, the project authority, or the person authorised by the project authority, must give a copy of the notice to any person who, after diligent enquiry, has been identified as having an interest in the land.

(3)An advance works notice must—

(a)indicate in general terms the approximate position and nature of the land; and

(b)indicate the extent to which the powers under section 165P(1) are proposed to be exercised; and

(c)include the name and place of business of any person authorised by the project authority to exercise a power under section 165P(1) on its behalf; and

(d)contain a statement of the principal rights and obligations of the occupier or owner (as the case may be) under this Act; and

(e)be accompanied by a draft of a LACA notice of intention to acquire (a draft LACA notice).

(4)A draft LACA notice must—

(a)be in the form of a LACA notice of intention to acquire; and

(b)subject to subsections (5) and (6), contain the information required, under section 8 of the Land Acquisition and Compensation Act 1986 to be included in a LACA notice of intention to acquire, for the acquisition of an interest in land for the permanent infrastructure; and

(c)state that the area of land that may ultimately be acquired may be smaller than the area described in the notice.

(5)The description contained in a draft LACA notice—

(a)must describe the maximum area of land that may need to be acquired for the permanent infrastructure; and

(b)may be in the form of a sketch.

Note

A notice of intention to acquire under the Land Acquisition and Compensation Act 1986 is required to contain a description (including, if appropriate, a sketch) sufficient to identify the interest to be acquired and the location of the land—see section 8(1)(b) of the Land Acquisition and Compensation Act 1986.

(6)A draft LACA notice is not required to contain the information required under section 8(2) of the Land Acquisition and Compensation Act 1986.

165RObligations in relation to exercise of powers

(1)In exercising powers under section 165P, a project authority, or a person authorised by a project authority, must—

(a)cause as little harm and inconvenience and do as little damage as possible to the land and anything on or growing on the land; and

(b)use all reasonable endeavours to co‑operate with the owner and occupier of the land.

(2)Subject to subsections (4) and (5), after the exercise of powers under section 165P in relation to any land, a project authority, or a person authorised by a project authority, must within the specified period—

(a)remove from the land on the completion of the entry or occupation of the land all plant, machinery, equipment, goods or buildings brought onto, or erected on, the land; and

(b)except as otherwise agreed with the owner or occupier of the land, replace any fence or other structure demolished with a fence or other structure—

(i)of the same function; and

(ii)of at least the same standard; and

(iii)in the same location or in another location if it is impracticable to replace it in the same location because of the permanent infrastructure constructed for the approved project; and

(c)otherwise leave the land, as nearly as possible, in the condition in which it was immediately before the land was entered, occupied or used.

(3)The specified period is, unless otherwise agreed with the owner or occupier of the land—

(a)as soon as practicable after the land is no longer required for the purposes of section 165P(1); and

(b)in any event, within 4 months after—

(i)the construction completion date; or

(ii)the giving of an abandon acquisition notice.

(4)Despite subsection (2)—

(a)things may be left in place with the agreement of the owner or occupier of the land; and

(b)the land may otherwise be left in a condition as agreed with the owner or occupier of the land.

(5)Subsection (2) does not apply in respect of any part of the land that is acquired or is to be acquired for the permanent infrastructure constructed for the approved project.

165SProject authority to prepare condition report for occupied land

(1)Within 14 days after the project authority or a person authorised by a project authority occupies land under section 165P, the project authority must give the owner of the land a report as to the condition of the land at occupation (a condition report).

(2)If the owner of the land disagrees with any aspect of the condition report, the owner must give written notice of that disagreement to the project authority within one month after being given the condition report.

(3)If the owner of the land does not give notice of the owner's disagreement within the time specified under subsection (2), the owner is taken to agree with the contents of the condition report.

(4)If the owner gives a notice within the time specified under subsection (2) and the owner and project authority cannot agree as to the contents of the condition report within 2 months after the date the condition report was given under subsection (1), the project authority must give the Valuer General written notice that a dispute exists under this section.

(5)Within 10 business days after receiving notice from a project authority under subsection (4), the Valuer General must appoint a valuer to prepare a condition report.

(6)For the purposes of a claim for compensation under this Subdivision, a condition report prepared by a valuer under this section is conclusive evidence of the condition of the land immediately prior to its occupation by the project authority.

165TProject authority to fence lands before using them

(1)If part of any land is occupied or used for the purposes of section 165P, the project authority must, if required to do so by the owner or occupier of the land, separate that part from the remainder of the land adjoining it by a sufficient fence with any gates that are necessary.

(2)In the case of any difference between the owners or occupiers of the lands and the project authority as to the necessity of the fences and gates, the lands must be separated with any fences and gates that the Project Minister thinks necessary for the convenient occupation or use of the lands.

165URent for occupation until acquisition or abandonment of acquisition

(1)The person who would otherwise be entitled to exclusive possession of land that is occupied under section 165P has a right to receive rent from the project authority for the occupation of the land, determined under this section, as the case requires—

(a)for land that is acquired under section 112, for the period until the land is acquired; or

(b)for land that is not acquired under section 112, until the requirements in section 165R(2) have been complied with and the project authority is no longer occupying that land.

(2)Within 30 days after giving an advance work notice, the project authority must make an offer for the payment of rent to the person who would otherwise be entitled to exclusive possession of the land for the authority's occupation of that land.

(3)If a project authority and the person who would otherwise be entitled to exclusive possession of the land do not agree on an amount of rent to be paid by the project authority within one month after the project authority's first offer for the payment of rent under subsection (2), the project authority must give the Valuer General written notice of the disagreement.

(4)Within 10 business days after receiving notice from a project authority under subsection (3), the Valuer General must appoint a valuer to determine the amount of rent payable for the occupied land by the project authority.

(5)If the project authority or the person who would otherwise be entitled to exclusive possession of the land disagrees with a determination made by a valuer under subsection (4), the disagreement is taken to be a disputed claim for the purposes of the Land Acquisition and Compensation Act 1986 and Part 10 of that Act applies as if—

(a)a reference in that Part to the Authority were a reference to the project authority; and

(b)a reference in that Part to the claimant were a reference to the person who would otherwise be entitled to exclusive possession of the land.

165VLiability of project authority for nuisance

Nothing in this Act exempts a project authority from any action for nuisance or other injury (if any) done in the exercise of powers under section 165P to the land or residence of any person other than the person whose land is entered, occupied and used for the purposes referred to in that section.

165WProject authority to give notice to owner or occupier on completion of construction of permanent infrastructure

Within 14 days after the completion of construction of permanent infrastructure on land under section 165P, the project authority must give the occupier of the land, and if the occupier is not the owner, the owner of the land, written notice specifying the date construction was completed.

165XProject authority to start compulsory acquisition process for interest in land for completed permanent infrastructure

(1)A project authority must serve a LACA notice of intention to acquire for the acquisition, under section 112 of this Act, of an interest in land for the permanent infrastructure constructed through the exercise of powers under section 165P as soon as practicable after the construction completion date, but no later than 3 months after the construction completion date.

(2)A notice mentioned in subsection (1) must contain a description of any differences between the interest in land described in that notice and the interest in land described in the draft LACA notice.

(3)Subsection (2) applies in addition to any requirement under section 8 of the Land Acquisition and Compensation Act 1986 as to the form of a LACA notice of intention to acquire.

165YProject authority must give notice of decision to abandon acquisition

(1)Subsection (2) applies if the project authority decides, after the giving of an advance works notice but before serving a LACA notice of intention to acquire, to not proceed with the acquisition of an interest in land on which the permanent infrastructure is constructed or is intended to be constructed through the exercise of powers under section 165P.

(2)The project authority must give written notice of the decision to not proceed to any person on whom a LACA notice of intention to acquire would have been required to be served if the acquisition had proceeded.

(3)The project authority is taken to have given a notice under subsection (2) if, in relation to the interest in land—

(a)a LACA notice of intention to acquire has not been served within 3 months after the construction completion date; or

(b)the project authority serves a statement cancelling a LACA notice of intention to acquire under section 15 of the Land Acquisition and Compensation Act 1986; or

(c)a LACA notice of intention to acquire lapses under section 16 of the Land Acquisition and Compensation Act 1986.

165ZCompensation on acquisition of interest in land for permanent infrastructure

(1)This section applies if a person's interest in land is acquired under section 112 for permanent infrastructure constructed under section 165P(1)(b).

(2)Without limiting section 30 of the Land Acquisition and Compensation Act 1986, the person is also entitled to compensation under that section if the person has—

(a)sustained any pecuniary loss; or

(b)incurred any expense—

as a direct, natural and reasonable consequence of the entry, occupation or use of the land under section 165P(1)(a).

(3)In addition—

(a)without limiting section 43 of the Land Acquisition and Compensation Act 1986, in any assessment of compensation under that Act, any change to the condition of the land by reason of the entry, occupation and use of the land under section 165P(1)(a) must be disregarded; and

(b)section 53(1) of the Land Acquisition and Compensation Act 1986 applies as if—

(i)for "interest; or" at the end of paragraph (a) there were substituted "interest—"; and

(ii)paragraph (b) of that subsection and the words "whichever is the earlier," were omitted.

165ZAPossession of land acquired for permanent infrastructure

On publication in the Government Gazette of a notice of acquisition for land following the exercise of powers under section 165P in relation to the land, the project authority is taken to be in possession of that land.

Note

Division 5 of Part 2 of the Land Acquisition and Compensation Act 1986 and Division 5 of Part 6 of this Act do not apply to land acquired after the exercise of powers under this Subdivision. See sections 113(2) and 150A.

165ZBCompensation for occupation where interest is not acquired

(1)A person with an interest in land who sustains a pecuniary loss, or incurs any expense as a direct, natural and reasonable consequence of the entry, occupation or use of the land under section 165P(1)(a) may claim that loss or expense from the project authority.

(2)A claim for compensation under subsection (1) must be made within 2 years after—

(a)the person is given an abandon acquisition notice; or

(b)the construction completion date.

(3)The Land Acquisition and Compensation Act 1986 applies to a claim for compensation under this section as if a reference in that Act to section 46 were a reference to this section.

(4)Subsection (1) does not apply with respect to loss or expense in relation to land for which compensation may be claimed under section 165Z.

165ZCInterference with equipment and works

A person must not—

(a)wilfully and without authorisation from the project authority—

(i)interfere with or remove any vehicles, machinery or equipment brought onto, affixed, established or remaining on land under section 165P; or

(ii)interfere with any works or infrastructure being constructed under section 165P; or

(b)wilfully obstruct any person acting in accordance with section 165P.

Penalty:5 penalty units.'.

23Project authority may enter, occupy, use and carry out works on certain land

In section 167(1) of the Major Transport Projects Facilitation Act 2009, after "approved project" insert "or any purpose connected with an approved project".

24Transfer of easements to utilities or transport bodies

After section 171A(5) of the Major Transport Projects Facilitation Act 2009 insert—

"(5A)On the transfer of an easement to a utility or transport body under this section, the benefit of the easement vests in the utility or transport body.".

25New Subdivision 5 of Division 7 of Part 6 inserted

After Subdivision 4 of Division 7 of Part 6 of the Major Transport Projects Facilitation Act 2009 insert—

"Subdivision 5—Community asset agreements

185ALand Acts and other Acts (other than Charter of Human Rights and Responsibilities Act 2006) not to apply

This Subdivision has effect despite anything to the contrary in the Crown Land (Reserves) Act 1978, the Land Act 1958 or any other Act (other than the Charter of Human Rights and Responsibilities Act 2006).

185BDefinition

In this Subdivision—

community asset agreement means an agreement entered into under section 185D(1).

185CMeaning of community asset

(1)For the purposes of this Subdivision, community asset means an asset or thing for public use or amenity that is constructed or located on Crown land as part of an approved project.

(2)Without limiting subsection (1), the following assets or things may be a community asset—

(a)a basketball court, skatepark or playground;

(b)a carpark, bus stop, pedestrian bridge, crossing, footpath or shared use path;

(c)a sign, drain, light or fence;

(d)a garden or other form of landscaping.

185DPower to enter into community asset agreements

(1)The project authority, on behalf of the Crown and with the approval of the Project Minister, may enter into an agreement with a Council or a public authority for a community asset.

(2)A community asset agreement may provide for the following in relation to a community asset—

(a)the use of Crown land on which the community asset is constructed or located;

(b)access to and from Crown land on which the community asset is constructed or located, including the provision of access over other Crown land;

(c)rights and obligations in relation to the community asset, including responsibility for maintenance and liability;

(d)notification and approval processes for the alteration, renewal or replacement of the community asset;

(e)ownership of the community asset, including upon expiration of the community asset agreement.

185EPeriod and effect of community asset agreements

(1)The term of a community asset agreement must not be for a period exceeding 25 years.

(2)A community asset agreement may continue to operate after the completion of the approved project.

(3)A community asset agreement that provides for the ownership of a community asset does not affect the status of the land on which the community asset is constructed or located as Crown land.

185FCommunity asset agreement must not be inconsistent with Crown land reservation

If a community asset is constructed or located on reserved Crown land, the community asset agreement must not be inconsistent with the purpose of the reservation of the Crown land.

185GNotice of community asset agreements

(1)Within 20 business days after entering into a community asset agreement, the project authority must give notice of the community asset agreement to—

(a)for a community asset that is constructed or located on reserved Crown land, the Minister administering the Crown Land (Reserves) Act 1978; or

(b)for a community asset that is constructed or located on unreserved Crown land, the Minister administering the Land Act 1958.

(2)A notice under subsection (1) must—

(a)include a description of a community asset that is a subject of the community asset agreement; and

(b)identify the Crown land on which the community asset is constructed or located.".

26Works powers in relation to roads

For section 186(1) of the Major Transport Projects Facilitation Act 2009 substitute—

"(1)Despite anything to the contrary in the Road Management Act 2004, a project authority or a person authorised in writing by a project authority may, for the purposes of an approved project or any purpose connected with an approved project—

(a)enter, occupy and use a road; and

(b)carry out works to, on, over or under, or in relation to, a road.".

27Power to discontinue or realign a road

In section 186A of the Major Transport Projects Facilitation Act 2009—

(a)in subsection (1), after "an approved project" insert "or any purpose connected with an approved project";

(b)in subsection (4)(c)(i), after "include" insert "either or both of the following (as the case requires)";

(c)in subsection (4)(c)(i)(A), for "road; and" substitute "road;";

(d)in subsection (5)(b), for "the land described" substitute "any land described".

28Effect of notice of realignment of road

In section 186C(1) of the Major Transport Projects Facilitation Act 2009—

(a)in paragraphs (a) and (b), for "the land described" substitute "any land described";

(b)for paragraph (b)(ii) substitute—

"(ii)taken to be a highway within the meaning of the Road Safety Act 1986; and";

(c)after paragraph (b) insert—

"(c)the realigned road is taken to be declared under section 14 of the Road Management Act 2004 to be a freeway, an arterial road, a non-arterial State road or a municipal road as specified in the notice under section 186A(4)(c)(ii).".

29Other powers relating to the management of roads and traffic

In section 186D(1) of the Major Transport Projects Facilitation Act 2009, after "an approved project" insert "or any purpose connected with an approved project".

30Section 186E amended

(1)In the heading to section 186E of the Major Transport Projects Facilitation Act 2009 omit "and road closures".

(2)In section 186E(1) of the Major Transport Projects Facilitation Act 2009—

(a)for "any one or more" substitute "either or both";

(b)in paragraph (b), for "road;" substitute "road.";

(c)paragraph (c) is repealed.

(3)In section 186E(2) of the Major Transport Projects Facilitation Act 2009—

(a)in paragraph (b), for "commences; or" substitute "commences.";

(b)paragraph (c) is repealed.

31New section 186F inserted

After section 186E of the Major Transport Projects Facilitation Act 2009 insert—

"186F   Notification of exercise of road power relating to road closures

(1)A project authority must cause to be published on the Department's Internet site notice of the closing of a road to traffic under section 186D(1)(d).

(2)A notice under subsection (1) must specify the date on which the closure of the road commences, which must be at least one day after the date on which the notice is published on the Internet site.".

32Sections 193, 194 and 195 substituted

For sections 193, 194 and 195 of the Major Transport Projects Facilitation Act 2009 substitute—

'193   Declaration of roads and designation of ancillary areas

(1)A project authority may, for the purposes of an approved project or any purpose connected with an approved project, by notice published in the Government Gazette—

(a)declare relevant land or a part of relevant land to be a road (other than an ancillary area within the meaning of the Road Management Act 2004); or

(b)designate relevant land or a part of relevant land as an ancillary area to be maintained by a responsible road authority as ancillary to a public road.

Example

Any area which is a "park and ride" carpark, rest stop or scenic lookout could be designated as an ancillary area.

(2)In addition, but subject to subsection (3), a project authority may, under a notice under subsection (1)(a), fix the boundary of a road that is declared under the notice.

(3)Before fixing the boundary of a road that is to be declared under a notice under subsection (1)(a), the project authority must obtain the approval of—

(a)in the case of a road that is to vest in the Crown, or a body representing the Crown—the Surveyor-General after the Surveyor-General has consulted the Registrar of Titles; and

(b)in the case of any other road—the Registrar of Titles.

(4)On the publication of a notice under subsection (1)(a)—

(a)the road the subject of the declaration is taken to be—

(i)dedicated to the public as a public highway within the meaning of the common law or any Act; and

(ii)a highway within the meaning of the Road Safety Act 1986; and

(b)if the boundary of the road is fixed under the notice, the land affected by the fixing of that boundary becomes part of the road.

(5)If a project authority declares a road under subsection (1)(a), the project authority must also classify the road under section 194.

(6)For the purposes of subsection (1), the project authority must obtain the written consent of the following persons if the relevant land or the part of the relevant land is—

(a)reserved Crown land that is not project land—the Minister administering the Crown Land (Reserves) Act 1978; or

(b)unreserved Crown land that is not project land—the Minister administering the Land Act 1958; or

(c)administered under the Forests Act 1958—the Minister administering that Act; or

(d)administered under the National Parks Act 1975—the Minister administering that Act; or

(e)under the management or control of the project authority but not owned by the project authority—the owner of the land.

(7)If an ancillary area is designated under subsection (1)(b)—

(a)the ancillary area is taken to be an ancillary area within the meaning of the Road Management Act 2004 as though it were designated under section 18 of that Act; and

(b)the designation must be recorded in the register of public roads (within the meaning of the Road Management Act 2004) kept by the coordinating road authority for that road.

(8)This section is to be construed as being in addition to, and not in derogation from, any other manner in which land may be dedicated as a public highway or an ancillary area by or under any other Act or the common law.

(9)This section does not affect the grant or operation of a lease or licence of any part of any land within the project area that is declared to be a road despite anything to the contrary in Schedule 5 to the Road Management Act 2004.

(10)In this section—

public highway means any area of land that is a highway for the purposes of the common law;

public road has the same meaning as in the Road Management Act 2004;

relevant land means—

(a)project land; or

(b)land within the project area that is—

(i)owned by the project authority; or

(ii)under the management or control of the project authority that is not owned by the project authority; or

(iii)Crown land;

responsible road authority has the same meaning as in the Road Management Act 2004.

194Road classification for the purposes of Road Management Act 2004 and naming of roads

(1)The project authority, by notice published in the Government Gazette, may do either or both of the following—

(a)classify a road declared under section 193 as—

(i)a freeway; or

(ii)an arterial road; or

(iii)a non-arterial State road; or

(iv)a municipal road; or

(b)name a road declared under section 193.

(2)In naming a road under a notice under subsection (1), the project authority must—

(a)act in accordance with the guidelines in force for the time being under the Geographic Place Names Act 1998; and

(b)advise the Registrar under that Act of the action the authority has taken under this section in relation to the naming of the road.

(3)A classification or naming of a road under this section may be included in the notice under section 193 which declares the road.

(4)A notice under subsection (1) takes effect—

(a)on the day the notice is published in the Government Gazette; or

(b)if a later date is specified in the notice, on that date.

(5)On the commencement of a notice under subsection (1), a road to which the notice applies is taken to be declared under section 14 of the Road Management Act 2004 to be a freeway, an arterial road, a non-arterial State road or a municipal road as specified in the notice.

(6)This section applies despite anything to the contrary in the Road Management Act 2004.

Note

The project authority may, by notice under this section, amend or revoke a previous notice made under this section—see section of 41A of the Interpretation of Legislation Act 1984.

195Project authority consent required for road declaration by road authority in project area

(1)Despite anything to the contrary in the Road Management Act 2004 or the Local Government Act 1989—

(a)a road authority that is not the project authority must not declare a road under section 11 or 14 of the Road Management Act 2004 in the project area; or

(b)a Council that is not the project authority must not declare a road under section 204 of the Local Government Act 1989 in the project area—

without the consent, under this section, of the project authority for the approved project to which the project area relates (the relevant project authority).

(2)A road authority or Council may apply to the relevant project authority for the project authority's consent for the purposes of subsection (1).

(3)An application under subsection (2) must include a draft of the notice to be published in the Government Gazette declaring the road.

(4)The relevant project authority must make a decision on the application and give the road authority or Council written notice of the decision within 14 days after receiving the application.

(5)If the relevant project authority does not give written notice as required under subsection (4), the relevant project authority is taken to have given its consent to the road authority or Council for the declaration of the road.'.

33Powers concerning the leaving standing of vehicles in parking areas on roads

(1)In section 195A(1) of the Major Transport Projects Facilitation Act 2009, for "that is closed to traffic" substitute "that is, or is in the process of being, closed to traffic".

(2)After section 195A(1) of the Major Transport Projects Facilitation Act 2009 insert—

"(1A)Despite anything to the contrary in the Road Management Act 2004, the Road Safety Act 1986 or any rules or regulations made under those Acts, a project authority or a person authorised by a project authority may take any action it or they consider necessary to give effect to the exercise of a power under subsection (1), including erecting, displaying, placing, removing, altering or interfering with—

(a)a parking control sign within the meaning of the Road Safety Road Rules 2017; or

(b)a traffic control device within the meaning of the Road Safety Road Rules 2017.".

(3)In section 195A(2) of the Major Transport Projects Facilitation Act 2009, for "subsection (1)" substitute "subsection (1) or (1A)".

(4)In section 195A(4) of the Major Transport Projects Facilitation Act 2009, in the definitions of relevant coordinating road authority and relevant responsible road authority, for "that is closed to traffic" substitute "that is, or is in the process of being, closed to traffic".

34New Subdivision 4 of Division 8 of Part 6 inserted

After Subdivision 3 of Division 8 of Part 6 of the Major Transport Projects Facilitation Act 2009 insert—

"Subdivision 4—Actions in relation to traffic control devices

195FActions in relation to traffic control devices

(1)Despite anything to the contrary in the Road Management Act 2004, the Road Safety Act 1986 or any rules or regulations made under those Acts, a project authority or a person authorised by a project authority may erect, display, place, remove or alter any of the following for the purpose of exercising a power under Subdivision 1 or 3 (except section 195A)—

(a)a minor traffic control device;

(b)if temporary works are being conducted, a temporary works

speed-limit sign;

(c)a traffic control device (other than a traffic signal) that uses lights or illuminated words or symbols to direct or warn road users.

(2)In this section—

minor traffic control device has the same meaning as in the Road Safety (Traffic Management) Regulations 2019;

temporary works speed-limit sign has the same meaning as in the Road Safety (Traffic Management) Regulations 2019;

traffic control device has the same meaning as in the Road Safety Road Rules 2017;

traffic signal has the same meaning as in the Road Safety Road Rules 2017.

195GProject authority to notify coordinating road authority before taking action in relation to traffic control device

A project authority must notify, in writing, the relevant coordinating road authority before taking an action under section 195F.".

35Restricted access areas

In section 196(1) of the Major Transport Projects Facilitation Act 2009, for "section 75 of the Land Acquisition and Compensation Act 1986" substitute "this Part".

36Limitation on powers of Councils to make local laws

For section 258(5) of the Major Transport Projects Facilitation Act 2009 substitute—

"(5)In this section—

temporary construction site means any land entered under the powers under—

(a)Subdivision 1 of Division 7 of Part 6; or

(b)section 165P; or

(c)section 167.".

Division 4—Utilities

37Delegation by Project Minister

In section 15A(1) of the Major Transport Projects Facilitation Act 2009—

(a)in paragraph (c), for "180;" substitute "180.";

(b)paragraph (d) is repealed.

38Model utility agreement guidelines

In section 231(1) and (3) of the Major Transport Projects Facilitation Act 2009, for "Project Minister" substitute "Minister".

Division 5—Miscellaneous

39Definitions

In section 3 of the Major Transport Projects Facilitation Act 2009, for the definition of Department substitute—

"Department has the same meaning as in section 3 of the Transport Integration Act 2010;".

40Section 138 amended

(1)In the heading to section 138 of the Major Transport Projects Facilitation Act 2009, after "Land Acts" insert "and other Acts (other than Charter ofHuman Rights and Responsibilities Act 2006)".

(2)In section 138 of the Major Transport Projects Facilitation Act 2009, for "or the Land Act 1958" substitute ", the Land Act 1958 or any other Act (other than the Charter of Human Rights and Responsibilities Act 2006)".

41Application of Division

In section 161A(3) of the Major Transport Projects Facilitation Act 2009, after "(other than section 8 of that Act)" insert "or any other Act (other than the Charter of Human Rights and Responsibilities Act 2006)".

42Taxes and duties

In section 256(1) of the Major Transport Projects Facilitation Act 2009 omit "or any agreement entered into by the State for the purpose of an approved project".

43New Part 13 inserted

After Part 12 of the Major Transport Projects Facilitation Act 2009 insert—

"PART 13—TRANSITIONAL REGULATION‑MAKING POWER—TRANSPORT INFRASTRUCTURE AND PLANNING LEGISLATION AMENDMENT ACT 2024

278Regulations dealing with transitional matters

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Part 2 of the Transport Infrastructure and Planning Legislation Amendment Act 2024, including any repeals and amendments made by or as a result of the enactment of that Act.

(2)Regulations made under this section may—

(a)have a retrospective effect to a day on or after a date not earlier than the day on which the Transport Infrastructure and Planning Legislation Amendment Act 2024 receives the Royal Assent;

(b)be of limited or general application;

(c)differ according to time, place or circumstances;

(d)leave any matter or thing to be decided by a specified person or class of person.

(3)Regulations under this section have effect despite anything to the contrary in—

(a)this Act or any other Act (other than the Transport Infrastructure and Planning Legislation Amendment Act 2024 or the Charter of Human Rights and Responsibilities Act 2006); or

(b)any subordinate instrument.

(4)The following are not required for any proposed statutory rule that is to be made under this section—

(a)consultation under section 6 of the Subordinate Legislation Act 1994;

(b)the preparation of a regulatory impact statement under section 7 of the Subordinate Legislation Act 1994.

279Repeal of this Part

This Part is repealed on the second anniversary of the day on which it comes into operation.".

44Statute law revision

(1)In section 114(2) of the Major Transport Projects Facilitation Act 2009, for "the authority" substitute "the project authority".

(2)In section 138 of the Major Transport Projects Facilitation Act 2009, for "Division" substitute "Subdivision".

(3)In section 165E(2)(c) of the Major Transport Projects Facilitation Act 2009, for "Authority" substitute "project authority".

(4)In section 165H(2)(b) of the Major Transport Projects Facilitation Act 2009, for "(ii)" (where secondly occurring) substitute "(iii)".

(5)In the example at the foot of section 188(2) of the Major Transport Projects Facilitation Act 2009, for "Local Government Act 2020" substitute "Local Government Act 1989".

(6)In section 189(1) of the Major Transport Projects Facilitation Act 2009, for "Local Government Act 2020" substitute "Local Government Act 1989".

(7)In the example at the foot of section 189(9) of the Major Transport Projects Facilitation Act 2009, for "Local Government Act 2020" substitute "Local Government Act 1989".

PART 3—AMENDMENT OF PLANNING AND ENVIRONMENT ACT 1987

45New Part 9AB inserted

After Part 9A of the Planning and Environment Act 1987 insert—

'PART 9AB—PRECINCT PROJECT DEVELOPMENT

Division 1—Preliminary

201QADefinitions

In this Part—

applicable project area, in relation to a precinct project, means—

(a)if a project completion declaration is declaring that the whole of a precinct project is complete, the whole of the project area for the project; or

(b)if a project completion declaration is declaring that part of a precinct project is complete, that part of the project area related to the completed part of the project;

building includes—

(a)a structure; and

(b)a temporary building; and

(c)a temporary structure; and

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

(e)a fence; and

(f)a wall; and

(g)an out-building; and

(h)a service installation; and

(i)other appurtenances of a building;

Council has the same meaning as in the Local Government Act 2020;

development includes—

(a)the construction, extension, demolition, removal or excavation of precinct infrastructure or transport infrastructure; and

(b)the decoration, construction or alteration of the inside or outside of, or the alteration of, precinct infrastructure or transport infrastructure; and

(c)tunnelling in or under land; and

(d)the subdivision or consolidation of land, including airspace or a building; and

(e)the erection or removal of, or interference with, precinct infrastructure or transport infrastructure; and

(f)any change to the natural or existing condition or topography of land; and

(g)the removal, destruction or lopping of trees and the removal of vegetation or topsoil; and

(h)land reclamation and land decontamination; and

(i)the construction, installation or provision or operation of facilities or services; and

(j)the placing or relocating of a building, precinct infrastructure or transport infrastructure on, in, under or over land; and

(k)the construction or putting up for display of signs or hoardings; and

(l)works within the meaning of the Road Management Act 2004; and

(m)the relocation, deepening, widening or otherwise altering of a waterway; and

(n)a form of development prescribed for the purposes of this paragraph;

precinct infrastructure means infrastructure that is not transport infrastructure and includes—

(a)a facility, building, fixture, fitting or permanent structure; and

(b)art works; and

(c)civic and open space infrastructure including parks and public spaces; and

(d)telecommunication networks and services related to infrastructure; and

(e)utility infrastructure; and

(f)infrastructure that is prescribed for the purposes of this paragraph; and

(g)infrastructure ancillary to, related to or required in connection with infrastructure set out in paragraphs (a) to (f);

precinct project means a development or proposed development, or a works program or proposed works program, declared under section 201QB to be a precinct project;

precinct project declaration means a declaration under section 201QB;

precinct project declaration guidelines mean the guidelines prepared under section 201QF(1);

project area—see section 201QC(1)(a)(ii);

project authority, for a precinct project, means the public authority specified in the precinct project declaration for the precinct project;

project completion declaration means a declaration under section 201QJ;

Project Minister, for a precinct project, means the Minister specified in the precinct project declaration for the precinct project;

public authority means a person or body (including a trust) established by or under an Act for a public purpose other than a Council;

rail infrastructure has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

road infrastructure has the same meaning as in section 3(1) of the Road Management Act 2004;

rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

temporary structure includes—

(a)a booth, tent, marquee, or other temporary enclosure, whether or not a part of the booth, tent, marquee or enclosure is permanent; and

(b)a seating structure whether enclosed or not, including a mobile seating structure;

transport infrastructure means any of the following—

(a)road infrastructure;

(b)rail infrastructure;

(c)infrastructure that is ancillary to, related to or in connection with the movement of persons or goods;

(d)infrastructure that is ancillary to, related to or in connection with road infrastructure, including—

(i)a bridge; and

(ii)an underpass; and

(iii)a tunnel; and

(iv)a culvert; and

(v)a level crossing; and

(vi)a footpath; and

(vii)a bicycle path;

(e)an airport;

(f)a facility at which—

(i)goods can be loaded or unloaded from rolling stock; and

(ii)goods can be loaded or unloaded from heavy vehicles; and

(iii)goods referred to in subparagraphs (i) and (ii) can be temporarily stored;

(g)infrastructure related to public transport including carparks;

(h)infrastructure that is prescribed for the purposes of this paragraph;

(i)infrastructure ancillary to, related to or required in connection with infrastructure set out in paragraphs (a) to (h);

utility means an entity (whether publicly or privately owned) that provides, or intends to provide, water, sewerage, drainage, gas, electricity or other like services under the authority of an Act of Victoria;

utility infrastructure means any part of the supply, distribution or reticulation network owned, operated or controlled by a utility, including poles, pipes, cables, wires, conduits and tunnels;

works program means a program of works or developments or a program of both works and developments.

Division 2—Precinct project declarations

201QBPrecinct project declaration

(1)The Premier may declare a development or proposed development, or a works program or proposed works program, to be a precinct project.

Note

Section 41A of the Interpretation of Legislation Act 1984 applies to the making of a declaration under subsection (1).

(2)The Premier must not make a declaration under this section unless the Premier—

(a)is satisfied that—

(i)in the case of a development or proposed development, the development or proposed development is not prohibited by or under an applicable planning scheme; and

(ii)in the case of a works program or proposed works program, the first part of that program is not prohibited by or under an applicable planning scheme; and

(b)has assessed the development or proposed development, or works program or proposed works program, as a development or program that is of economic, social or environmental significance to—

(i)the State; or

(ii)a region of the State.

(3)In addition, in the case of a works program or proposed works program, the Premier must not make a declaration under this section unless the Premier is satisfied that—

(a)the works or developments that constitute, or will constitute, the works program or proposed works program, are, or will be, sufficiently connected to each other to justify the program being designated as a single precinct project; and

(b)the majority of the works or developments within the program contain works that are not, or will not be, minor or routine.

(4)For the purposes of subsection (2)(a), a development or proposed development, or a works program or proposed works program, is not prohibited by or under an applicable planning scheme if—

(a)it is permitted as of right; or

(b)it may be undertaken without a planning permit (whether or not the planning scheme requires other approvals or consents to be obtained before it may be undertaken); or

(c)it may be undertaken with a planning permit (whether or not a planning permit may be granted or refused).

(5)In making an assessment for the purposes of subsection (2)(b), the Premier must have regard to the precinct project declaration guidelines.

201QCContent of precinct project declaration

(1)The Premier must, in a precinct project declaration—

(a)describe—

(i)the precinct project; and

(ii)the area of land for the purposes of the precinct project (the project area); and

(b)specify—

(i)the Minister who is the Project Minister for the precinct project; and

(ii)the public authority that is the project authority for the precinct project; and

(iii)if the precinct project is a works program or proposed works program, the works or developments that constitute the program.

(2)For the purposes of subsection (1)(a)(ii), the area of land that must be described for the purposes of a precinct project that is a works program or proposed works program is the area or areas of land for the purposes of the first part of the precinct project.

(3)The Premier may specify in a precinct project declaration the date on which the declaration takes effect, which must be after the day on which it is published in the Government Gazette.

(4)In addition, the Premier may specify the project area by reference to a plan.

(5)The project authority that is specified for the precinct project is responsible for the project.

201QDPublication of precinct project declaration

(1)A precinct project declaration must be published in the Government Gazette.

(2)In addition, a precinct project declaration must be published on an Internet site maintained by the Department of Premier and Cabinet as soon as practicable after the declaration takes effect.

201QEWhen a precinct project declaration takes effect

A precinct project declaration takes effect—

(a)on the day the declaration is published in the Government Gazette; or

(b)if the declaration specifies a date on which it is to take effect, on that date.

201QFPrecinct project declaration guidelines

(1)The Premier must prepare guidelines for the assessment of a development or proposed development or works program or proposed works program as to whether the development or proposed development or works program or proposed works program is of economic, social or environmental significance to—

(a)the State; or

(b)a region of the State.

(2)Precinct project declaration guidelines must be published in the Government Gazette.

(3)Precinct project declaration guidelines take effect—

(a)on the day they are published in the Government Gazette; or

(b)if the guidelines specify a later day, on that day.

201QGPremier to ensure consolidated version of precinct project declaration is available

(1)This section applies if a precinct project declaration is amended by another precinct project declaration (an amending declaration).

(2)As soon as practicable after the amending declaration is published in the Government Gazette under section 201QD(1), the Premier must ensure that an up-to-date consolidated version of the precinct project declaration (as amended by the amending declaration) is prepared incorporating those amendments.

(3)The Premier must cause the up-to-date consolidated version of the precinct project declaration prepared under subsection (2) to be—

(a)available for inspection by any person free of charge during office hours at the principal office of the Department of Premier and Cabinet; and

(b)published on an Internet site maintained by the Department of Premier and Cabinet.

(4)A failure to comply with this section does not affect the operation or effect of the amending declaration published in the Government Gazette under section 201QD(1).

201QHInterrelationship with Major Transport Projects Facilitation Act 2009

On the taking effect of a precinct project declaration, Parts 5, 6 (except Division 2), 7 and 9 of the Major Transport Projects Facilitation Act 2009 apply to the precinct project described in the precinct project declaration and for that purpose—

(a)a reference to an approved project or declared project under that Act is to be read as a reference to the precinct project described in the precinct project declaration; and

(b)a reference to the project area under that Act is to be read as a reference to the project area specified in the precinct project declaration; and

(c)a reference to the project authority under that Act is to be read as a reference to the project authority specified in the precinct project declaration; and

(d)a reference to a project declaration under that Act is to be read as a reference to the precinct project declaration; and

(e)a reference to project land under that Act is to be read as a reference to the project area described in the precinct project declaration; and

(f)a reference to the Project Minister under that Act is to be read as a reference to the Project Minister specified in the precinct project declaration; and

(g)a reference to development under that Act is to be read as reference to development within the meaning of section 201QA; and

(h)a reference to non-transport infrastructure under that Act is to be read as reference to precinct infrastructure; and

(i)a reference to transport infrastructure under that Act (except section 101(1)(k)) is to be read as reference to transport infrastructure within the meaning of section 201QA; and

(j)a reference to transport infrastructure under section 101(1)(k) of that Act is to be read as reference to transport infrastructure or precinct infrastructure within the meaning of section 201QA.

Division 3—Completion of precinct projects

201QINotification of completion of precinct project or a part of a precinct project

(1)A project authority for a precinct project must notify, in writing, the Project Minister of the completion of a precinct project or part of a precinct project.

(2)A notice under subsection (1) must identify the project area that relates to the precinct project or part of a precinct project that has been completed.

201QJProject completion declaration

The Project Minister for a precinct project may declare that a precinct project, or part of a precinct project, is complete.

201QKContent of project completion declaration

A project completion declaration—

(a)must—

(i)identify the precinct project or the part of a precinct project that is complete; and

(ii)identify the applicable project area; and

(iii)describe any land reserved for a public purpose by or under this Act or any other Act for the purposes of the identified precinct project that will not be reserved for a public purpose on the declaration taking effect; and

(b)may specify any one or more of the following—

(i)the date on which the declaration takes effect, which must be after the day on which it is published in the Government Gazette;

(ii)any matter that the Minister considers relevant.

201QLPublication of project completion declaration

(1)A project completion declaration must be published in the Government Gazette.

(2)In addition, the Project Minister must cause a project completion declaration to be published on an Internet site maintained by the Department of Transport and Planning as soon as practicable after the declaration takes effect.

201QMWhen project completion declaration takes effect

A project completion declaration takes effect—

(a)on the day the declaration is published in the Government Gazette; or

(b)if the declaration specifies a date on which it is to take effect, on that date.

201QNProject authority ceases to have functions in relation to applicable project area under the Major Transport Projects Facilitation Act 2009

On and after the taking of effect of a project completion declaration—

(a)any applicable project area ceases to be a project area or part of a project area for the precinct project; and

(b)the project authority cannot perform any function or exercise any power under the Major Transport Projects Facilitation Act 2009 in respect of any applicable project area.

Note

Under section 201QH, on the taking effect of a precinct project declaration, Parts 5, 6 (except Division 2), 7 and 9 of the Major Transport Projects Facilitation Act 2009 apply to the precinct project described in the precinct project declaration and the project area (as defined under section 201QC(1)(a)(ii)) is taken to be a project area within the meaning of the Major Transport Projects Facilitation Act 2009.

Division 4—Special precinct project development related functions and powers

201QOPower to enter land by persons authorised by Secretary

(1)An authorised person may enter land for the purpose of doing all things necessary and convenient to carry out surveys or investigations—

(a)for the purposes of, or connected to, development planning or assessing development feasibility or costs; or

(b)that are preparatory to the declaration of a precinct project.

(2)Without limiting subsection (1), an authorised person may do any of the following on the land—

(a)undertake geotechnical and site survey work;

(b)undertake archaeological and cultural heritage investigations;

(c)undertake ecological surveys;

(d)undertake flora and fauna surveys and take samples of plants;

(e)undertake utilities surveys;

(f)undertake contamination investigations;

(g)determine site conditions (including undertaking noise monitoring and preparing condition reports);

(h)dig or bore into the land and take samples of soil, rock, ground water or minerals.

(3)The Secretary to the Department must give to the occupier of the land, and if the occupier is not the owner, the owner of the land—

(a)written notice of the intention to enter the land; and

(b)a statement of the principal rights and obligations of the occupier or owner (as the case may be) under this Part—

at least 7 days before the land is entered under subsection (1).

(4)An authorised person may enter land under this section earlier than the expiration of 7 days if the occupier consents to the entry.

(5)The Secretary to the Department need not give notice in writing under this section in an emergency.

(6)An authorised person must not under this section enter land used primarily for residential purposes except between 7.30 a.m. and 6.00 p.m. unless the occupier consents to the entry.

(7)In exercising a power under subsection (1) or (2), an authorised person must—

(a)identify themselves by producing the identity card issued to that person under section 201QP; and

(b)cause as little harm and inconvenience as possible; and

(c)not stay on the land for any longer than it is reasonably necessary; and

(d)remove from the land anything brought on to the land by the authorised person in the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there; and

(e)leave the land as nearly as possible in the condition in which the authorised person found it; and

(f)co-operate as much as possible with the owner and any occupier of the land.

(8)An authorised person may be accompanied by any assistants, vehicles, machinery or equipment for a purpose referred to in subsection (1) or (2).

(9)The Secretary to the Department is liable to pay compensation (other than rent) to a person with an interest in the land entered under this section if, as a direct, natural and reasonable consequence of the entry, the person—

(a)sustained pecuniary loss; or

(b)incurred any expense.

(10)Compensation under subsection (9) must be claimed and dealt with in accordance with the Land Acquisition and Compensation Act 1986, as if it were a claim under section 47(1) of that Act.

201QPAuthorised persons for the purposes of section 201QO

(1)The Secretary to the Department, by instrument, may authorise a person to enter land for the purposes of section 201QO.

(2)The Secretary to the Department must issue an identity card to each person authorised under this section.

(3)An identity card must contain a photograph of the person to whom it is issued.

Division 5—Utility interface

201QRUtility interface powers in relation to planning development of precincts

(1)For the purposes of planning a development or proposed development, or works program or proposed works program, that may be declared to be a precinct project, the Secretary to the Department has the functions and powers of a project authority under Divisions 1 and 2 of Part 7 of the Major Transport Projects Facilitation Act 2009.

(2)For the purposes of subsection (1)—

(a)a reference to a project authority is to be read as a reference to the Secretary to the Department; and

(b)a reference to the development of the declared project is to be read as a reference to the development or proposed development, or works program or proposed works program, within an area or areas specified in a notice under section 201QS; and

(c)section 211A(2)(a) of the Major Transport Projects Facilitation Act 2009 is to be read as if for "that the project authority considers may form part of the project area" there were substituted "that are specified in a notice published by the Secretary to the Department under section 201QS".

(3)If before a precinct project declaration takes effect, the Secretary to the Department performs a function or exercises a power under subsection (1) in relation to utility infrastructure in an area that becomes the project area or part of a project area specified under the declaration, on the taking effect of the declaration—

(a)the performance of the function or exercise of the power is taken to have been exercised or performed by the project authority for the precinct project under Part 7 of the Major Transport Projects Facilitation Act 2009 for the purposes of the precinct project described in that declaration; and

(b)a reference to the Secretary in any notice given by the Secretary under section 211A of the Major Transport Projects Facilitation Act 2009 is to be read as reference to the project authority for the precinct project.

201QSSpecification of area or areas of land for purposes of Division

(1)The Secretary to the Department, by notice published in the Government Gazette, may specify an area or areas of land—

(a)that the Secretary considers may form part of a project area for a precinct project; and

(b)in respect of which the Secretary considers powers under Divisions 1 and 2 of Part 7 of the Major Transport Projects Facilitation Act 2009 should be exercised with respect to a development or proposed development or works program or proposed works program.

(2)In addition, the Secretary must cause the content of the notice to be published on an Internet site maintained by the Department of Transport and Planning as soon as practicable after the notice is published in the Government Gazette.

Division 6—Miscellaneous

201QTAgreements for land within or anticipated to be within a project area

(1)This section applies if the Secretary to the Department, on behalf of the Crown, alone or jointly with any other person enters into an agreement with another person concerning the use or development of any land—

(a)within a project area for a precinct project; or

(b)that is anticipated to be within a project area for a precinct project.

(2)Division 2 of Part 9 applies to the agreement as if—

(a)that agreement were an agreement under that Division; and

(b)that Division referred to the Secretary to the Department instead of the responsible authority for the planning scheme; and

(c)references to development in that Division were references to development within the meaning of this Part; and

(d)section 174(2)(c) were omitted.'.

46Secretary may delegate powers to employees

In section 187 of the Planning and Environment Act 1987, after "Act" insert "(other than Part 9AB)".

47New section 187A inserted

After section 187 of the Planning and Environment Act 1987 insert—

"187A   Secretary may delegate powers under Part 9AB

(1)The Secretary to the Department, by instrument, may delegate a power, duty or function of the Secretary under Part 9AB to—

(a)an Administrative Office Head (within the meaning of the Public Administration Act 2004); or

(b)a person employed under Part 3 of the Public Administration Act 2004; or

(c)a person engaged by the Secretary; or

(d)a public authority (within the meaning of Part 9AB).

(2)A person to whom a power, duty or function under Part 9AB has been delegated under a delegation under subsection (1), subject to any conditions or limitations to which the delegation is subject, may sub-delegate the power, duty or function delegated to them to any of the following persons if the instrument of delegation authorises its

sub-delegation—

(a)an Administrative Office Head (within the meaning of the Public Administration Act 2004); or

(b)a person employed under Part 3 of the Public Administration Act 2004; or

(c)a person engaged by the Secretary; or

(d)a public authority (within the meaning of Part 9AB); or

(e)a person employed by a public authority (within the meaning of Part 9AB).

(3)Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub‑delegation authorised by this section in the same way as they apply to a delegation.".

PART 4—AMENDMENT OF ROAD MANAGEMENT ACT 2004

48New section 14A inserted

After section 14 of the Road Management Act 2004 insert—

"14A Project authority under Major Transport Projects Facilitation Act 2009 may revoke or declare a road classification of a road within a project area

(1)Despite anything to the contrary in this Act, a project authority, by notice published in the Government Gazette, may, for the purposes of an approved project, do any one or more of the following—

(a)revoke a declaration under section 14(1)(a) or (b) of any freeway, arterial road, non-arterial State road or municipal road in the project area for the approved project;

(b)declare that a non-arterial State road in the project area for the approved project that has been declared under section 11 by a State road authority (other than the Head, Transport for Victoria), ceases to be a non-arterial State road;

(c)declare that a municipal road in the project area for the approved project ceases to be a municipal road.

(2)The project authority must also do one of the following in respect of a road the subject of a notice under subsection (1)—

(a)in the notice, further declare the road to be—

(i)a freeway; or

(ii)an arterial road; or

(iii)a non-arterial State road; or

(iv)a municipal road;

(b)in the notice, further declare that the road ceases to be a public road;

(c)as soon as practicable, discontinue the road in accordance with section 186A of the Major Transport Projects Facilitation Act 2009.

(3)A notice under this section takes effect—

(a)on the day the notice is published in the Government Gazette; or

(b)if a later date is specified in the notice, on that date.

(4)In this section, approved project, project area and project authority have the same meaning as in the Major Transport Projects Facilitation Act 2009.".

PART 5—AMENDMENT OF SUBURBAN RAIL LOOP ACT 2021

49Definitions

In section 3(1) of the Suburban Rail Loop Act 2021, insert the following definition—

"applicable project area, in relation to a Suburban Rail Loop project, means—

(a)if a project completion declaration is declaring that the whole of a Suburban Rail Loop project is complete, the whole of the project area for the project; or

(b)if a project completion declaration is declaring that part of a Suburban Rail Loop project is complete, that part of the project area related to the completed part of the project;".

50Content of project completion declaration

Section 81(2) of the Suburban Rail Loop Act 2021 is repealed.

51Authority ceases to have functions in relation to applicable project area under the Major Transport Projects Facilitation Act 2009

In section 84 of the Suburban Rail Loop Act 2021, for ", the Authority cannot perform any function or exercise any power under the Major Transport Projects Facilitation Act 2009 in respect of any applicable project area (as defined under section 81(2))." substitute—

"—

(a)any applicable project area ceases to be a project area or part of a project area for the Suburban Rail Loop project; and

(b)the Authority cannot perform any function or exercise any power under the Major Transport Projects Facilitation Act 2009 in respect of any applicable project area.".

PART 6—AMENDMENT OF TRANSPORT INTEGRATION ACT 2010

52Powers of the Secretary

After section 34(5) of the Transport Integration Act 2010 insert—

"(6)In addition, nothing in this section limits the powers the Secretary may exercise on behalf of the Crown.".

PART 7—REPEAL OF THIS ACT

53Repeal of this Act

This Act is repealed on 10 September 2026.

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).

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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: 11 September 2024

Legislative Council: 31 October 2024

The long title for the Bill for this Act was "A Bill for an Act to amend the Major Transport Projects Facilitation Act 2009, the Planning and Environment Act 1987, the Road Management Act 2004, the Suburban Rail Loop Act 2021 and the Transport Integration Act 2010 and for other purposes."