Major Transport Projects Facilitation (Notification) Regulations 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Major Transport Projects Facilitation (Notification) Regulations 2013 S.R. No. 130/2013 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Definition 1 4 Examples of methods of giving a copy of a notice under section 47 of the Act 2 5 Identity or location of owner or occupier not known— section 47 2 6 Examples of methods of giving notice of publication under section 62 of the Act 3 7 Identity or location of owner or occupier not known— section 62 4 8 Notice may be addressed to "the owner" or "the occupier" of land 5 ═══════════════ -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 130/2013 Major Transport Projects Facilitation Act 2009 Major Transport Projects Facilitation (Notification) Regulations 2013 The Governor in Council makes the following Regulations: Dated: 22 October 2013 Responsible Minister: TERRY MULDER Minister for Roads YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe examples of methods of giving notice for the purposes of sections 47(1)(b)(ii) and 62(3)(b)(iii) and (iv) of the Major Transport Projects Facilitation Act 2009. 2 Authorising provision These Regulations are made under section 266 of the Major Transport Projects Facilitation Act 2009. 3 Definition In these Regulations— the Act means the Major Transport Projects Facilitation Act 2009. -- 2 of 6 -- S.R. No. 130/2013 Major Transport Projects Facilitation (Notification) Regulations 2013 2 Authorised by the Chief Parliamentary Counsel 4 Examples of methods of giving a copy of a notice under section 47 of the Act Without limiting section 47 of the Act, giving a copy of a notice for the purposes of section 47(1)(b)(ii) of the Act to an owner or occupier of land referred to in section 47(1)(b)(ii) may include the following— (a) delivering it personally to the owner or occupier; (b) leaving it at the usual or last known place of residence of the owner or occupier with a person over the age of 16 years and apparently residing at that place; (c) leaving it at the usual or last known place of business of the owner or occupier with a person over the age of 16 years and apparently in charge of or employed at that place; (d) sending it by post, addressed to the usual or last known place of residence or business of the owner or occupier; (e) if the owner or occupier has given an alternative address to the project proponent, sending it by post to that address. 5 Identity or location of owner or occupier not known—section 47 (1) This regulation applies if a project proponent of a declared project does not know the identity or location of an owner or occupier of land referred to in section 47(1)(b)(ii) of the Act after making reasonable efforts to identify the identity or location of the owner or occupier. r. 4 -- 3 of 6 -- S.R. No. 130/2013 Major Transport Projects Facilitation (Notification) Regulations 2013 3 Authorised by the Chief Parliamentary Counsel (2) Without limiting section 47 of the Act, the giving of a copy of a notice for the purposes of section 47(1)(b)(ii) of the Act to the owner or occupier may include the following— (a) publishing a copy of the notice, indicating that it is addressed to the owner or occupier (either individually or as part of a group of owners and occupiers), in a newspaper circulating generally throughout Victoria and in at least one newspaper circulating in the area where the land is located; (b) affixing a copy of the notice in a prominent place on the land. 6 Examples of methods of giving notice of publication under section 62 of the Act Without limiting section 62 of the Act, giving notice of publication for the purposes of section 62(3)(b)(iii) or (iv) of the Act to an owner or occupier of land that is or will be materially affected by a declared project may include the following— (a) delivering a copy of the notice of publication personally to the owner or occupier; (b) leaving a copy of the notice of publication at the usual or last known place of residence of the owner or occupier with a person over the age of 16 years and apparently residing at that place; (c) leaving a copy of the notice of publication at the usual or last known place of business of the owner or occupier with a person over the age of 16 years and apparently in charge of or employed at that place; r. 6 -- 4 of 6 -- S.R. No. 130/2013 Major Transport Projects Facilitation (Notification) Regulations 2013 4 Authorised by the Chief Parliamentary Counsel (d) sending a copy of the notice of publication by post, addressed to the usual or last known place of residence or business of the owner or occupier; (e) if the owner or occupier has given an alternative address to the project proponent, sending a copy of the notice of publication by post to that address. 7 Identity or location of owner or occupier not known—section 62 (1) This regulation applies if a project proponent of a declared project does not know the identity or location of an owner or occupier of land referred to in section 62(3)(b)(iii) or (iv) of the Act after making reasonable efforts to identify the identity or location of the owner or occupier. (2) Without limiting section 62 of the Act, the giving of notice of publication for the purposes of section 62(3)(b)(iii) or (iv) of the Act to the owner or occupier may include the following— (a) publishing a copy of the notice of publication, indicating that it is addressed to the owner or occupier (either individually or as part of a group of owners and occupiers), in a newspaper circulating generally throughout Victoria and in at least one newspaper circulating in the area where the land is located; (b) affixing a copy of the notice of publication in a prominent place on the land. r. 7 -- 5 of 6 -- S.R. No. 130/2013 Major Transport Projects Facilitation (Notification) Regulations 2013 5 Authorised by the Chief Parliamentary Counsel 8 Notice may be addressed to "the owner" or "the occupier" of land Without limiting sections 47 and 62 of the Act, a copy of a notice for the purposes of section 47(1)(b)(ii) of the Act, or a notice of publication for the purposes of section 62(3)(b)(iii) or (iv) of the Act, may be addressed by using the words "the owner" or "the occupier" of the land (describing the land) in respect of which the notice is given, without further name or description. ═══════════════ r. 8 -- 6 of 6 --