Untitled document

Docklands Authority (Amendment) Act 1997

Act No. 66/1997

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Principal Act	2
4.	Disposing of land	2
5.	New section 35A inserted	2
35A. Negotiation bonds	3
6.	Charges	5
7.	New clauses 5 and 6 inserted in Schedule 3	5
5. Participation in meetings by telephone etc.	5
6. Resolutions without meetings	5
8.	Repeal of Development Areas Act 1973	6
9.	Amendment of Land Acquisition and Compensation Act 1986	6
10.	Amendment of Heritage Act 1995—Statute law revision	7

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NOTES 8

i

Victoria

No. 66 of 1997

Docklands Authority (Amendment) Act

1997†

[Assented to 18 November 1997]

The Parliament of Victoria enacts as follows:

1. Purposes

The main purposes of this Act are—

(a) to amend the Docklands Authority Act 1991 to improve the operation of that Act; and

(b) to repeal the Development Areas Act 1973.

Docklands Authority (Amendment) Act 1997

s. 2
s. 5

Act No. 66/1997

2. Commencement

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

3. Principal Act

Act No.

In this Act the Docklands Authority Act 1991 is	22/̀ 1991.
called the Principal Act.	Reprint No.1 as at 9 May
1996. Further
amended by Act Nos
9/1996 and 73/1996.

4. Disposing of land

(1) For section 24(2) of the Principal Act

substitute—

"(2) The Authority may enter into an agreement

with another person concerning the use or

development of land—

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

(2) In section 24(3) of the Principal Act—

(a)	for "that agreement" substitute "an agreement under sub-section (2)";
(b)	after paragraph (b) insert— '(ba) in section 173(4) the expression "unless

the vendor assumes the purchaser's
rights and obligations under the

agreement" were omitted;'.

5. New section 35A inserted

Docklands Authority (Amendment) Act 1997

Act No. 66/1997

After section 35 of the Principal Act insert—

'35A. Negotiation bonds

(1) The Authority, with the approval of the

Minister, may in writing, request any person to lodge a negotiation bond with the Authority if the person has expressed an interest—

(a)	in the development of any precinct or any part of a precinct of the docklands area; or
(b)	in the provision of an item or combination of items of trunk infrastructure in the docklands area.

(2) A negotiation bond must not exceed

$100 000 for each precinct or for each item
or combination of items of trunk
infrastructure in respect of which the person

has expressed an interest.

(3) The request may provide that the negotiation

bond—

(a) must be in the form of—

(i) a cash deposit; or

(ii)  a bank guarantee in a form acceptable to the Authority; and

(b) is to be lodged subject to the conditions specified by the Authority in the request, including conditions relating to the circumstances in which the bond may be forfeited.

(4) If a person does not lodge a negotiation bond

with the Authority in accordance with a
request under this section within 7 days after
the request is made, the Authority may
refuse to enter into any arrangement or

Docklands Authority (Amendment) Act 1997

Act No. 66/1997 s. 5

agreement under this Act with that person in

relation to—

(a)	the development of the precinct or the provision of trunk infrastructure; or
(b)	any lease, licence or disposal of land in the precinct or relating to the provision of trunk infrastructure; or
(c)	the use or development of land in the precinct or relating to the provision of trunk infrastructure.

(5) In this section—

"precinct" means any part of the docklands

area which the Authority by notice
published in the Government Gazette
determines to be a precinct of the
docklands area;

"infrastructure" includes—

(a) roads and traffic works;

(b)	pedestrian walkways and bicycle paths;
(c)	sewerage, storm water drainage, water supply, electricity, gas, telecommunications and other like services;
(d)	works to improve water edges and water quality;
(e)	wharves, marinas and boat launching and berthing facilities;
(f)	light rail, tram and other public transport works;
(g)	public parks and public spaces and related works;

Docklands Authority (Amendment) Act 1997

s. 6 Act No. 66/1997

(h) art works;

(i) education facilities and
community facilities, including
kindergartens, libraries,
community centres, health
facilities and emergency service
facilities;

"trunk infrastructure" means any item of infrastructure that provides benefits or services to more than one precinct.'.

6. Charges

In section 25(1)(a) of the Principal Act after

"drainage" insert ", telecommunications".

7. New clauses 5 and 6 inserted in Schedule 3

After clause 4 of Schedule 3 to the Principal Act
insert—
"5. Participation in meetings by telephone etc.

(1) The Authority may permit its members to

participate in a particular meeting, or all

meetings, by—

(a) telephone; or
(b) closed-circuit television; or

(c) any other means of communication.

(2) A member who participates in a meeting

under a permission under sub-clause (1) is

deemed to be present at the meeting.

6. Resolutions without meetings

(1) If—

(a) the Authority has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and

Docklands Authority (Amendment) Act 1997

Act No. 66/1997 s. 8

(b) a majority of members for the time being of the Authority sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—

a resolution in those terms is deemed to have
been passed at a meeting of the Authority
held on the day on which the document is
signed or, if the members referred to in
paragraph (b) do not sign it on the same day,
on the day on which the last of those
members signs the document.

(2) For the purposes of sub-clause (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by

one or more members, are deemed to

constitute one document.

(3) If a resolution is deemed by this section to

have been passed at a meeting of the practicable be advised of the matter and given a copy of the resolution.".

8. Repeal of Development Areas Act 1973

The Development Areas Act 1973 is repealed.

9. Amendment of Land Acquisition and Compensation Act 1986

(1) In section 43(1) of the Land Acquisition and

Compensation Act 1986, paragraph (g) is repealed.

(2) After section 43(4) of the Land Acquisition and

Compensation Act 1986 insert—

"(5) Despite the amendment of this section by the

Docklands Authority (Amendment) Act
1997, this section continues to apply in
relation to an entitlement to compensation

Docklands Authority (Amendment) Act 1997

s. 10 Act No. 66/1997

arising under this Act before the
commencement of that Act as if section 9 of

that Act had not been enacted.".

(3) In section 36(6)(a) of the Land Acquisition and

Compensation Act 1986 omit "to".

(4) In section 100 of the Land Acquisition and

Compensation Act 1986 for "Board" substitute
"Tribunal".

10. Amendment of Heritage Act 1995—Statute law revision

For item 9.2 of Schedule 2 to the Heritage Act
1995 substitute—

"9.2 In section 45(3), paragraph (a) is repealed.".

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Docklands Authority (Amendment) Act 1997

Act No. 66/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 18 September 1997

Legislative Council: 28 October 1997

The long title for the Bill for this Act was "to amend the Docklands
Authority Act 1991 and to repeal the Development Areas Act 1973 and
for other purposes."