Untitled document

Melbourne City Link (Amendment) Act 1996

Act No. 21/1996

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—MELBOURNE CITY LINK ACT 1995 3

3.	Definitions	3
4.	Variation of the Agreement	3
5.	New section 31A inserted	5
31A. Roads deemed to be declared roads	5
6.	New Division 2A inserted in Part 3 of Melbourne City Link
Act 1995	6
Division 2A—Entry into possession of surrendered or
divested land	6
32A. Interpretation	6
32B. Application	7
32C. Power to enter into possession	7
32D. Entry into possession	7
32E. Recovery of rent	10
32F. Proceedings where refusal to give up possession	10
32G. Residential Tenancies Act 1980 not to apply	12
32H. Giving of notice	12
32I. Minor misdescription not to invalidate notice	12
7.	Compensation	12
8.	Schedule 2	12

PART 3—MELBOURNE CITY LINK AUTHORITY ACT 1994 14

9. Delegation powers 14

═══════════════

NOTES 15

i

Victoria

No. 21 of 1996

Melbourne City Link (Amendment) Act

1996†

[Assented to 2 July 1996]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the
Melbourne City Link Act 1995 and the
Melbourne City Link Authority Act 1994.

Melbourne City Link (Amendment) Act 1996

s. 2 Act No. 21/1996

2. Commencement

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

_______________
Melbourne City Link (Amendment) Act 1996

Act No. 21/1996 s. 3

PART 2—MELBOURNE CITY LINK ACT 1995

3. Definitions

In section 3 of the Melbourne City Link Act	No. 107/1995
1995, in the definition of "the Agreement", omit "under Part 2".

4. Variation of the Agreement

(1) In section 15 of the Melbourne City Link Act

1995, for sub-section (1) substitute—

"(1) Any 2 or more of the persons who are parties

to the Agreement, or any part of it, may,
from time to time, by agreement in writing
and, if the State is not one of those persons,
with the consent of the Minister, vary all or
any of the provisions of the Agreement that

affect those persons.

(1A) All or any of the provisions of the

Agreement may be varied from time to time
in accordance with the terms of the
Agreement.

(1B) The Minister must cause to be published in

the Government Gazette a notice of an
agreement under sub-section (1) or a
variation under sub-section (1A), specifying
the place or places at which a person may
inspect the agreement or a statement of the
variation.

(1C) An agreement or variation under sub-section (1) or (1A) comes into operation—

(a)

when the notice under sub-section (1B) Gazette; or

Melbourne City Link (Amendment) Act 1996

s. 4 Act No. 21/1996

(b) if a later day is specified in the agreement or in the statement of the variation, on that later day.".

(2) In section 15 of the Melbourne City Link Act

1995—

(a) in sub-section (2)—

(i) (1)" substitute "each agreement under

for "an agreement under sub-section variation under sub-section (1A) as published under sub-section (1B)";

(ii)  after "of the agreement" insert "or variation";

(b) in sub-section (3)—

(i)  for "under this section" substitute "or variation referred to in sub-section (1) or (1A)";

(ii)  after "of the agreement" insert "or the statement of the variation".

(3) In section 15 of the Melbourne City Link Act

1995, for sub-section (4) substitute—

'(4) If an agreement or variation referred to in

sub-section (1) or (1A) is revoked wholly or

in part under sub-section (3)—

(a)	a provision of the Agreement that had been cancelled or revoked by the agreement or variation, or by the part of the agreement or variation that is revoked, is revived as from the beginning of the day on which the amendment or variation, or part, was revoked; and
(b)	a provision of the Agreement that had been varied (otherwise than by

Melbourne City Link (Amendment) Act 1996

Act No. 21/1996	s. 5
cancellation or revocation) by the agreement or variation, or by the part of the agreement or variation that is revoked, takes effect without that variation as from the beginning of the day on which the amendment or variation, or part, was revoked as if the variation had not been made.

(5) The Minister must cause to be published in

the Government Gazette a notice of the
revocation of an amendment or variation, or
part of an amendment or variation.

(6) In this section, "vary" includes amend, add to, substitute, cancel or revoke.'.

(4) An agreement in writing purporting to be an

agreement referred to in section 15 of the
Melbourne City Link Act 1995 that is laid
before each House of the Parliament before 1 June
1996 is deemed to be an agreement in writing
between the parties to the Agreement within the
meaning of that Act as in force before that date,
whether or not all those parties are parties to the

agreement in writing.

5. New section 31A inserted

After section 31 of the Melbourne City Link Act

1995 insert—

"31A. Roads deemed to be declared roads

(1) An Order under section 26, 28 or 31 may

specify that any part of the land which is the of the Order is to be deemed to be a declared road of a kind specified in the Order.

subject of the Order which was a declared
road within the meaning of the Transport

Melbourne City Link (Amendment) Act 1996

s. 6 Act No. 21/1996

(2) The Governor in Council may, by Order

published in the Government Gazette,
specify that any reserved project land which
was a declared road within the meaning of
the Transport Act 1983 immediately before
it became reserved project land is to be
deemed to be a declared road of a kind
specified in the Order.

(3) Any land which is specified in an Order in accordance with sub-section (1) or (2) is deemed to be a declared road within the meaning of the Transport Act 1983 of the

kind specified in the Order from the date of
publication of the Order until the date of
termination of any licence issued in respect
of that land under section 56.

(4) For the avoidance of doubt it is declared that

this section has effect in addition to and not
in derogation of the deemed reservation of
the land under this Division.

(5) This section has effect despite any provision in any other Act to the contrary.".

6. New Division 2A inserted in Part 3 of Melbourne City Link Act 1995

After Division 2 of the Melbourne City Link Act
1995 insert—

'Division 2A—Entry into possession of surrendered or divested land

32A. Interpretation

In this Division—

"reservation date" in relation to land

means the date on which the land
became reserved project land;

Melbourne City Link (Amendment) Act 1996

Act No. 21/1996	s. 6
"reserved project land" means land

which is deemed under Division 2
to be temporarily reserved under
section 4(1) of the Crown Land
(Reserves) Act 1978 for public
purposes, being in particular, the

purposes of the Project.

32B. Application

This Division applies to reserved project
land whether it became reserved project land
before or after the commencement of section
6 of the Melbourne City Link

(Amendment) Act 1996.

32C. Power to enter into possession

Subject to this Division, the Authority may enter into possession of reserved project land.

32D. Entry into possession

(1) The Authority must diligently endeavour to

obtain agreement with the occupier of
reserved project land as to the terms on
which the Authority will enter into
possession of the land.

(2) Subject to this Division, if reserved project land or part of reserved project land is used, at the reservation date, by a person as the

principal place of residence or business of
that person, the Authority 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
reservation date and unless the Authority has

Melbourne City Link (Amendment) Act 1996

s. 6 Act No. 21/1996

given 7 days' notice in writing of its
intention to enter into possession to the
person in occupation of the land.

(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 reserved project land which is used as the
principal place of residence or business of
that person during the period specified in
that sub-section.

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

(a) the Governor in Council certifies that having regard to—

(i)

the urgency of the case or any and

(ii) the public interest—

it is not practicable for the Authority to
delay entry into possession of the
reserved project land until after the end
of the period referred to in sub-section

(2); or

(b) the Authority and the person in occupation of the reserved project land have, with the consent of the Minister, entered into an agreement in relation to the time of entry into possession of the reserved project land by the Authority.

(5) If, at the reservation date, reserved project

land is not used by any person as the
principal place of residence or business of
that person, the Authority may enter into
possession of the land at any time after the
reservation date after giving 7 days' notice in
writing of its intention to enter into

Melbourne City Link (Amendment) Act 1996

s. 6
s. 6

Act No. 21/1996

possession to the person in occupation of the

land.

(6) The period of occupation of the reserved

project land after the reservation date
(including the period referred to in
sub-section (2)) may be extended by
agreement in writing between the Authority
and the person in occupation of the reserved

project land.

(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

Authority.

(8) If a person continues to occupy reserved

project land after the period referred to in continued occupation.

sub-section (2) or the reservation 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
Authority and is liable to pay to the

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

ceases of the person's own accord to occupy
the reserved project 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 Authority also ceases.

(10) A certificate under sub-section (4)(a) must

specify the date on which the Authority is to
take possession.

Melbourne City Link (Amendment) Act 1996

s. 6 Act No. 21/1996

(11) The Authority must serve a copy of the

certificate under sub-section (4)(a) on the
person in occupation of the land.

(12) The person whose period of occupation of

the reserved project land was abridged under
sub-section (4)(a) is entitled to claim
compensation under Division 3 for any loss
or damage which is incurred as a direct,
natural and reasonable consequence of that
abridgment and for which the person could
not otherwise make a claim under that
Division.

(13) The compensation payable pursuant to

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.

32E. Recovery of rent

Any rent payable to the Authority under section 32D may be recovered as a debt due to the Authority in any court of competent jurisdiction.

32F. Proceedings where refusal to give up

possession

(1) If the Authority is entitled under this

Division to enter into possession of reserved project 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 Authority from entering on and taking possession of the land—

the Authority may issue its warrant under
this section to the sheriff.

Melbourne City Link (Amendment) Act 1996

Act No. 21/1996 s. 6

(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 Authority or the person appointed in the warrant to receive possession of the

land; and

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

(3) On receipt of a warrant issued under this

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

possession of the land.

(4) The costs incurred in the issuing and

execution of a warrant must be paid by the
person refusing to give up possession.

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

any rent owed by that person must be
deducted and retained by the Authority from
the compensation (if any) payable under this
Part to that person.

(6) If no compensation is payable to that person

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

(7) On application by the Authority, 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.

Melbourne City Link (Amendment) Act 1996

s. 7 Act No. 21/1996

32G. 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.

32H. Giving of notice

(1) Any notice or other document which the

Authority is required to give to any person under this Division may be served on that person personally or by post.

(2) If the whereabouts of a person on whom the Authority is required to serve the notice or document is not known to the Authority, the notice or document may be served—

(a)

by publication of a copy it in a throughout the State; and

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

32I. 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.'.

7. Compensation

In section 37 of the Melbourne City Link Act

1995 after "this Division" insert "or section 32D".

8. Schedule 2

In Schedule 2 to the Melbourne City Link Act
1995—

Melbourne City Link (Amendment) Act 1996

Act No. 21/1996

(a) in clause 1.4(a) for "and no transfer or transmission of a Unit may be registered if the allotment or registration" substitute "if the allotment";

(b) in clause 1.4(h)—

(i)  omit "or approving or rejecting any transfer or transmission of Units,";

(ii) omit ", transferee, transmittee".

_______________
Melbourne City Link (Amendment) Act 1996

s. 9 Act No. 21/1996

PART 3—MELBOURNE CITY LINK AUTHORITY ACT 1994

9. Delegation powers

In section 21 of the Melbourne City Link Authority Act 1994, for "person or body" substitute "person, or class of persons or body or

to the holder of any office or position".

═══════════════
Melbourne City Link (Amendment) Act 1996

Act No. 21/1996 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 30 May 1996

Legislative Council: 19 June 1996

The long title for the Bill for this Act was "to amend the Melbourne City
Link Act 1995 and the Melbourne City Link Authority Act 1994 and
for other purposes."