Untitled document

Project Development and Construction

Management (Amendment) Act 1997

Act No. 46/1997

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	2
4.	Definitions	2
5.	Application of Act	2
6.	New section 7 substituted	2
7. Contents of order	2
7.	New section 8 substituted	2
8. Application order	2
8.	New section 9 substituted	3
9. Tabling of orders	3
9.	Repeal of section 10	3
10.	Grant of land	4
11.	New section 18A inserted	4
18A. Surrender of interests in unreserved Crown land	4
12.	New section 19 substituted	6
19. Acquisition by agreement	6
13.	New Divisions 2A and 2B inserted in Part 3	6
Division 2A—Compensation for surrendered or divested land
6
20A. Right to compensation on surrender or divesting	6
Division 2B—Entry into possession of surrendered or
divested land	7
20B. Interpretation	7
20C. Application	7
20D. Power to enter into possession	8
20E. Entry into possession	8
20F. Recovery of rent	11
20G. Proceedings where refusal to give up possession	11
20H. Residential Tenancies Act 1980 not to apply	12

20I.	Giving of notice	13
20J.	Minor misdescription not to invalidate notice	13

i

Section Page

14.	Disposing of land	13
15.	Secretary	15
16.	Statute law revision	15

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NOTES 16

ii

Victoria

No. 46 of 1997

Project Development and Construction

Management (Amendment) Act 1997†

[Assented to 11 June 1997]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to make certain amendments to the Project Development and Construction Management Act 1994 and to provide for additional powers relating to land.

2. Commencement

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

Project Development and Construction Management
(Amendment) Act 1997

Act No. 46/1997 s. 3

3. Principal Act

In this Act the Project Development and	No. 101/1994. Reprint No.1
Construction Management Act 1994 is called	as at 14
the Principal Act.	November 1996.

4. Definitions

(1) In section 3(1) of the Principal Act in the

definition of "the Department" for "Planning and

Development" substitute "Infrastructure".

(2) In section 3(1) of the Principal Act in the

definition of "limitations" before "estates" insert

"rights, privileges,".

5. Application of Act

In section 5(3) of the Principal Act for "Section
20, 23 or 24" substitute "Section 19, 20, 22, 23 or

24".

6. New section 7 substituted

For section 7 of the Principal Act substitute—

"7. Contents of order

A nomination order must specify—

(a)	the Minister who is to be responsible for the nominated project; and
(b)	if there is to be a facilitating agency for the nominated project, the public statutory corporation which is to be that facilitating agency.".

7. New section 8 substituted

For section 8 of the Principal Act substitute—
"8. Application order

The Governor in Council, on the recommendation of the Premier, by order

Project Development and Construction Management
(Amendment) Act 1997

s. 8 Act No. 46/1997

published in the Government Gazette

relating to a nominated project—

(a)	may specify the provisions of Part 3 which are to apply in relation to the nominated project;
(b)	if there is a facilitating agency for the nominated project, may specify the provisions of Part 3 which are to apply to that facilitating agency;
(c)	may specify that all or any of sections 19, 20, 22, 23 and 24 apply in relation to the responsible Minister for the

nominated project;

(d)	may specify an area of land for the purposes of the nominated project;
(e)	may specify any other matter permitted by this Act to be specified in an order under this section.".

8. New section 9 substituted

For section 9 of the Principal Act substitute—

"9. Tabling of orders

The Premier must cause—

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

(b) a copy of each application order—

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

made.".

9. Repeal of section 10

Section 10 of the Principal Act is repealed.

Project Development and Construction Management
(Amendment) Act 1997

Act No. 46/1997 s. 10

10. Grant of land

In section 17(1)(a) of the Principal Act after "18" insert "or 18A".

11. New section 18A inserted

After section 18 of the Principal Act insert—

'18A. Surrender of interests in unreserved Crown

land

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

(a)	the interests (if any) in any Crown land; and
(b)	the prescribed contractual rights (if any) relating to any Crown land—

which is part of an area specified in an
application order for a nominated project be

surrendered to the Crown or extinguished.

(2) The responsible Minister may make a

recommendation under sub-section (1) on—

(a)	receiving a plan of the land signed by the Surveyor-General; and
(b)	being satisfied that the land shown on the plan represents land—

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

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

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

Project Development and Construction Management
(Amendment) Act 1997

s. 11 Act No. 46/1997

(4) On receiving the responsible Minister's

recommendation, the Governor in Council
may, by order published in the Government

Gazette, declare that—

(a)	the interests (if any) in the land shown on the plan are surrendered to the Crown; and
(b)	the prescribed contractual rights (if any) in relation to the land shown on the plan are extinguished.

(5) On publication of an order under sub-section (4) in the Government Gazette—

(a)	the land is deemed to be unalienated land of the Crown, freed and discharged from all limitations; and
(b)	all prescribed contractual rights (if any) relating to the land are extinguished; and
(c)	if any part of the land is or is being used as a road, that part of the land ceases to be a road and all rights,
easements and privileges existing or claimed in it either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and
(d)	if any part of the land is the bed, soil and banks of a river, all rights easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed

Project Development and Construction Management
(Amendment) Act 1997

Act No. 46/1997	s. 12
dedication or by user or operation of law or otherwise, cease.

(6) Sub-section (5) has effect despite anything to

the contrary in section 175A of the Water
Industry Act 1994 or any other Act.

(7) In this section "prescribed contractual

right" means a right (other than an interest
in land) created under an agreement in
writing entered into between a public body
and another person (not being the Crown).'.

12. New section 19 substituted

For section 19 of the Principal Act substitute—
"19. Acquisition by agreement

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

responsible Minister or the facilitating
agency may acquire by agreement an interest
in land on any terms (including
consideration) that the responsible Minister
or agency considers appropriate.

(2) Any interest in land acquired by the

responsible Minister under this section vests
in the Crown and is deemed to be

unalienated land of the Crown.".

13. New Divisions 2A and 2B inserted in Part 3

After Division 2 of Part 3 of the Principal Act insert—

'Division 2A—Compensation for surrendered

or divested land

20A. Right to compensation on surrender or

divesting

(1) Subject to this Act and the Land

Acquisition and Compensation Act 1986,

Project Development and Construction Management
(Amendment) Act 1997

s. 13 Act No. 46/1997

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

(2) The Land Acquisition and Compensation Act 1986 (except sections 31 to 36) applies to the determination of compensation

payable under this section as if the
publication of the order were a notice of
acquisition of that estate or interest or right
and the responsible Minister had acquired
that estate or interest or right on behalf of the
Crown.

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

20B. Interpretation

In this Division—

"surrender date" in relation to land means

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

"surrendered land" means land which on

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

20C. Application

This Division applies to surrendered land whether it became surrendered land before or after the commencement of section 13 of the

Project Development and Construction Management
(Amendment) Act 1997

Act No. 46/1997 s. 13

Project Development and Construction

Management (Amendment) Act 1997.

20D. Power to enter into possession

Subject to this Division, the responsible surrendered land.

20E. Entry into possession

(1) The responsible Minister must diligently

endeavour to obtain agreement with the
occupier of surrendered land as to the terms
on which the Minister will enter into
possession of the land.

(2) Subject to this Division, if surrendered land

or part of surrendered land is used, at the
surrender date, by a person as the principal
place of residence or business of that person,
the responsible Minister must not enter into
possession of—

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

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

before the end of 3 months after the of his or her intention to enter into possession to the person in occupation of the land.

surrender date and unless the responsible

(3) A person referred to in sub-section (2) is not

liable for the payment of rent in respect of
the occupation by that person of that part of
the surrendered land which is used as the
principal place of residence or business of
that person during the period specified in
that sub-section.

Project Development and Construction Management
(Amendment) Act 1997

s. 13 Act No. 46/1997

(4) Sub-section (2) does not apply if—

(a) recommendation of the responsible

the Governor in Council, on the regard to—

(i)

the urgency of the case or any and

(ii) the public interest—

it is not practicable for the responsible Minister to delay entry into possession of the surrendered land until after the

end of the period referred to in sub-

section (2); or

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

(5) If, at the surrender date, surrendered land is

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

(6) The period of occupation of the surrendered

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

Project Development and Construction Management
(Amendment) Act 1997

Act No. 46/1997 s. 13

(7) An agreement under sub-section (6) must

provide for the payment of rent by the person
in occupation of the relevant land to the
Crown.

(8) If a person continues to occupy surrendered

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

(9) If a person referred to in sub-section (2)

ceases of the person's own accord to occupy
the surrendered land before the end of the
period referred to in that sub-section, the
entitlement of that person under this Division
to occupy the land without payment of rent

to the Crown also ceases.

(10) An order under sub-section (4)(a) must

specify the date on which the responsible
Minister is to take possession.

(11) The responsible Minister must give a copy of

the order under sub-section (4)(a) to the
person in occupation of the land.

(12) The person whose period of occupation of

the surrendered land was abridged under
sub-section (4)(a) is entitled to claim
compensation under Division 2A for any loss
or damage which is incurred as a direct,
natural and reasonable consequence of that

Project Development and Construction Management
(Amendment) Act 1997

s. 13 Act No. 46/1997

abridgment and for which the person could
not otherwise make a claim under that
Division.

(13) The compensation payable pursuant to sub- section (12) may be paid to—

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

(b) the constituted attorney of that person.

20F. Recovery of rent

Any rent payable to the Crown under section jurisdiction.

20E may be recovered as a debt due to the

20G. Proceedings where refusal to give up

possession

(1) If the responsible Minister is entitled under

this Division to enter into possession of
surrendered land and the occupier of the land
or any other person—

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

hinders the responsible Minister from the land—

the responsible Minister may issue his or her

warrant under this section to the sheriff.

(2) A warrant issued under this section

authorises the sheriff to—

(a)	enter onto the land specified in the warrant; and
(b)	deliver possession of the land to the responsible Minister or the person

Project Development and Construction Management
(Amendment) Act 1997

Act No. 46/1997	s. 13
appointed in the warrant to receive possession of the land; and

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

(3) On receipt of a warrant issued under this

section, the sheriff must deliver possession
of the land to the responsible Minister or the
person appointed in the warrant to receive
possession of the land.

(4) The costs incurred in the issuing and

execution of a warrant must be paid by the

person refusing to give up possession.

(5) The amount of the costs and the amount of

deducted and retained by the responsible

any rent owed by that person must be payable under this Part to that person.

(6) If no compensation is payable to that person

or if the compensation payable is less than
the amount of the costs and rent (if any) then
payment of the amount in excess of the
compensation must if not paid on demand be
enforced by a warrant to seize property.

(7) On application by the responsible Minister, a

magistrate must issue a warrant for the
purposes of sub-section (6).

(8) In this section, "sheriff" means the sheriff

or a deputy sheriff under the Supreme
Court Act 1986.

20H. Residential Tenancies Act 1980 not to apply

Nothing in the Residential Tenancies Act 1980 applies to or in relation to any matter provided for or any proceedings under this Division.

Project Development and Construction Management
(Amendment) Act 1997

s. 14 Act No. 46/1997

20I. Giving of notice

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

(a)	by publication of a copy of it in a newspaper circulating generally throughout the State; and
(b)	by affixing it in a prominent place on the land to which it relates.

20J. Minor misdescription not to invalidate

notice

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

14. Disposing of land

For section 22(3) of the Principal Act
substitute—

"(3) For the purposes of a nominated project, the

responsible Minister, may—

(a)	grant a lease or licence or easement or privilege over Crown land; or
(b)	recommend to the Governor in Council the grant, sale or disposition of Crown land—

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

Project Development and Construction Management
(Amendment) Act 1997

Act No. 46/1997 s. 14

(4) The responsible Minister must consult with

the Minister administering the Land Act
1958 before exercising any power under sub-
section (3).

(5) Sub-section (3) does not apply to land which

is reserved under the Crown Land
(Reserves) Act 1978.

(6) The Governor in Council may grant, sell or

dispose of Crown land to any person in
accordance with the recommendation of the
responsible Minister under this section.

(7) Land may be sold or disposed of to a person

under sub-section (6) on condition that the
person enter into an agreement with the
responsible Minister concerning the use or
development of the land.

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

(a)	it was an agreement under that Division; and
(b)	it referred to the responsible Minister or the facilitating agency (as the case requires) instead of the responsible authority for the planning scheme; and

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

(d)

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

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

Project Development and Construction Management
(Amendment) Act 1997

s. 15 Act No. 46/1997

15. Secretary

In section 35(1) of the Principal Act for
"Secretary to the Department of Planning and
Development" substitute "Secretary to the

Department of Infrastructure".

16. Statute law revision

(1) In section 27 of the Principal Act—

(a)	in sub-section (1)(b) omit "relating to an agreement or contract";
(b)	in sub-section (2)(a) for "a agreement" substitute "an agreement".

(2) Parts 8 and 9 of the Principal Act are repealed.

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Project Development and Construction Management
(Amendment) Act 1997

Act No. 46/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 1 May 1997

Legislative Council: 27 May 1997

The long title for the Bill for this Act was "to amend the Project
Development and Construction Management Act 1994 and for other
purposes."