Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Urban Renewal Authority Victoria Amendment
(Development Victoria) Act 2017
No. 10 of 2017
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
Part 2—Amendment of the Urban Renewal Authority Victoria
Act 2003 3
4 Title 3
5 Purpose 3
6 Definitions 4
7 Heading to Part 2 substituted 5
8 Establishment 5
9 Functions 5
10 Authority subject to the direction and control of the Minister 7
11 Delegation 7
12 Reciprocal arrangements with public sector agencies 7
13 Grant of land to Authority 7
14 Approval required for acquisition of private land 8
15 Eligibility criteria for appointment of directors 8
16 Limitations on indemnity 8
17 New section 40A inserted 8
18 Agreements that run with the land 8
19 New Part 3A inserted 9
20 Annual report 18
21 New Parts 9 and 10 and Schedule 1 inserted 19
Part 3—Consequential amendments to the Urban Renewal
Authority Victoria Act 2003 33
22 Change of name to Development Victoria—definitions and
headings 33
23 Change of name to Development Victoria—sections 5 to 69 33
24 Change of name to Development Victoria—sections 4 to 49 34
25 Change of name to Development Victoria—sections 51F to 62 34
26 Change of name to Development Victoria—sections 63 to 79 35
27 Change of name to Development Victoria—sections 46 to 75 35
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28 Consequential amendment to section 42 36
29 Consequential amendment to heading to Part 6 36
Part 4—Amendments to other Acts 37
30 Amendment to the Borrowing and Investment Powers Act 1987 37
31 Amendments to the Building Act 1993 37
32 Amendment to the City of Melbourne Act 2001 38
33 Amendments to the Docklands Act 1991 38
34 Amendments to the Environment Protection Act 1970 40
35 Amendments to Land Tax Act 2005 41
36 Amendment to the Melbourne City Link Act 1995 41
37 Amendments to the Subdivision Act 1988 41
38 Amendments to the Transport Integration Act 2010 42
39 Amendments to the Treasury Corporation of Victoria Act 1992 42
Part 5—Repeal of amending Act 43
40 Repeal of amending Act 43
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Endnotes 44
1 General information 44
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Urban Renewal Authority Victoria
Amendment (Development Victoria)
Act 2017†
No. 10 of 2017
[Assented to 27 March 2017]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purpose
The main purpose of this Act is to amend the
Urban Renewal Authority Victoria Act 2003—
(a) to abolish the Urban Renewal Authority
Victoria and establish Development Victoria
as its successor in law; and
Victoria
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(b) to amend the name of that Act as a result of
the establishment of Development Victoria;
and
(c) to amend the purpose of that Act to reflect
the purposes of Development Victoria; and
(d) to set out additional functions of
Development Victoria; and
(e) to provide additional eligibility criteria for
appointment to the board of Development
Victoria; and
(f) to set out a process for the transfer of
certain nominated projects under the
Project Development and Construction
Management Act 1994 to Development
Victoria for it to develop or manage the
development of the projects.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day to be proclaimed.
(2) If a provision of this Act does not come into
operation before 30 November 2017, it comes
into operation on that day.
3 Principal Act
In this Act, the Urban Renewal Authority
Victoria Act 2003 is called the Principal Act.
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Part 2—Amendment of the Urban Renewal
Authority Victoria Act 2003
4 Title
In the title to the Principal Act, for
"Urban Renewal Authority" substitute
"Development".
5 Purpose
For section 1 of the Principal Act substitute—
"1 Purpose
The main purpose of this Act is to establish
Development Victoria for the following
purposes—
(a) to carry out, manage or co-ordinate the
carrying out of property development
and social and economic capital works
projects that have the objective of
optimising the social and economic
value of—
(i) surplus and underutilised Crown
land; and
(ii) other Crown land or public land;
(b) to provide technical and commercial
advice in respect of property
development and social and economic
capital works projects referred to in
paragraph (a) to Departments and
public statutory bodies;
(c) to undertake new declared projects, and
complete existing declared projects;
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(d) to complete certain existing
government and government agency
projects;
(e) to complete the development of the
Docklands area.".
6 Definitions
In section 3 of the Principal Act—
(a) the definition of Authority is repealed;
(b) insert the following definitions—
"Department has the same meaning as it
has in the Public Administration
Act 2004;
Development Victoria means the body
corporate established under section 5;
instrument includes a document and an oral
agreement;
liabilities means all liabilities, duties and
obligations, whether actual, contingent
or prospective;
property means any legal or equitable estate
or interest (whether present or future
and whether vested or contingent) in
real or personal property of any
description;
rights means all rights, powers, privileges
and immunities, whether actual,
contingent or prospective;
social and economic capital works project
includes a project for the development
of—
(a) public facilities; or
(b) civic or open space infrastructure;
or
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(c) buildings and facilities to be used
by government agencies or public
statutory bodies;";
(c) the definition of urban renewal is repealed.
7 Heading to Part 2 substituted
For the heading to Part 2 of the Principal Act
substitute—
"Part 2—Development Victoria".
8 Establishment
In section 5(1) of the Principal Act, for
"Urban Renewal Authority Victoria" substitute
"Development Victoria".
9 Functions
(1) For section 7(1) of the Principal Act substitute—
"(1) The functions of Development Victoria are
the following—
(a) if requested to do so by the Minister, to
carry out or manage or co-ordinate the
carrying out of property development
and social and economic capital works
projects;
(b) if requested to do so by the Minister,
to purchase, consolidate, take on,
transfer or otherwise acquire or dispose
of land or interests in land for the
purpose of carrying out, or managing
or co-ordinating the carrying out of
property development and social and
economic capital works projects;
(c) if requested to do so by the Minister, to
carry out property development and
social and economic capital works
projects in partnership or to enter into
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arrangements or agreements for the
delivery of property development and
social and economic capital works
projects;
(d) if requested to do so by the Minister, to
provide advisory services in relation to
property development and social and
economic capital works projects and
activities to government agencies;
(e) to develop or manage the development
of declared projects;
(f) any other functions conferred on
Development Victoria by this Act;
(g) the functions conferred on
Development Victoria by the
Docklands Act 1991;
(h) any functions conferred on
Development Victoria by any other
Act.
(1A) In carrying out, or managing the carrying
out of, property development or social
and economic capital works projects,
Development Victoria must—
(a) ensure property development and
social and economic capital works
projects and activities are carried out in
accordance with government policies
and strategies, including—
(i) urban development policies and
strategies; and
(ii) policies and strategies relating to
housing affordability and housing
diversity; and
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(b) promote best practice in property
development and social and economic
capital works projects and activities.".
(2) In section 7(2) of the Principal Act, for "on a
commercial basis" substitute "using commercial
disciplines".
10 Authority subject to the direction and control of the
Minister
In section 9(4) of the Principal Act, for
"urban renewal" substitute "property
development or social and economic capital
works".
11 Delegation
(1) In section 11(2)(b) of the Principal Act, for
"section 50" substitute "section 51F".
(2) In section 11(2)(c) of the Principal Act, omit
", 35D, 35E".
12 Reciprocal arrangements with public sector
agencies
In section 13(1) of the Principal Act, for
"the Governor in Council given on the Minister's
recommendation" substitute "the Minister,".
13 Grant of land to Authority
(1) In section 14(2) of the Principal Act, for
"this section" substitute "subsection (1)".
(2) After section 14(2) of the Principal Act insert—
"(3) Despite subsection (2), the Governor in
Council, on the recommendation of the
Minister and the Treasurer, may authorise
Development Victoria to pay into the
General Fund an amount determined by
the Governor in Council, being a portion of
the net proceeds of the sale of any land
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granted to Development Victoria under
subsection (1).".
14 Approval required for acquisition of private land
In section 15(2)(c) of the Principal Act, for
"public authority" substitute "public statutory
body".
15 Eligibility criteria for appointment of directors
In section 19A of the Principal Act—
(a) in paragraph (h), for "law." substitute
"law; and";
(b) after paragraph (h) insert—
"(i) public policy.".
16 Limitations on indemnity
Section 33(2) of the Principal Act is repealed.
17 New section 40A inserted
After section 40 of the Principal Act insert—
"40A Portion of net proceeds of sale of granted
land payable into General Fund
Despite section 40(2) and (3), the Governor
in Council, on the recommendation of the
Minster, the Treasurer and the Minister
administering section 12 of the Land
Act 1958, may authorise Development
Victoria to pay into the Project Fund an
amount determined by the Governor
in Council, being a portion of the net
proceeds of the sale of any land granted to
Development Victoria under section 40(1).".
18 Agreements that run with the land
(1) In section 49(2)(c) of the Principal Act, for
"omitted;" substitute "omitted.".
(2) Section 49(2)(d) of the Principal Act is repealed.
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(3) After section 49(2) of the Principal Act insert—
"(3) Development Victoria must consult with
the municipal district in which the land is
located before entering into an agreement
under subsection (1) concerning the use or
development of that land.".
19 New Part 3A inserted
After Part 3 of the Principal Act insert—
"Part 3A—Transfer of designated
projects to Development Victoria
56A Definitions
In this Part—
allocation statement means an allocation
statement made under section 56D;
designated project means a project
designated by the relevant Ministers
under section 56B;
former agency property means property,
rights or liabilities of the nominated
agency that, under this Part, have
vested in or become liabilities of
Development Victoria;
nominated agency in relation to a project,
means the public statutory body that is,
immediately before the relevant date,
responsible for managing or delivering
the project;
nominated agency instrument means an
instrument (including a legislative
instrument other than this Act)
subsisting immediately before the
relevant date—
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(a) to which the nominated agency
was a party; or
(b) that was given to or in favour of
the nominated agency; or
(c) that refers to the nominated
agency; or
(d) under which—
(i) money is, or may become,
payable to or by the
nominated agency; or
(ii) other property is to be, or
may become liable to be,
transferred to or by the
nominated agency;
relevant date, in relation to an allocation
statement or property, rights or
liabilities allocated under an allocation
statement, means the date fixed by the
relevant Ministers under section 56C
for the purposes of that statement;
relevant Ministers means—
(a) the Ministers administering this
Act; and
(b) in relation to a project, the
Minister administering the Act
under which the project is being
carried out, or under which the
nominated agency is carrying out
the project.
56B Ministers may designate project
(1) The relevant Ministers, by instrument, may
designate any project of a nominated agency
as a designated project for the purposes of
this Part.
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(2) An instrument under this section must
specify the nominated agency of the
designated project.
56C Ministers may fix relevant date
The relevant Ministers, by notice published
in the Government Gazette, may fix the
relevant date for the purposes of an
allocation statement under section 56D.
56D Development Victoria and nominated
agency to prepare allocation statement or
statements
(1) Development Victoria and the nominated
agency must give to the relevant Ministers
and the Treasurer, within the period
approved by the relevant Ministers and the
Treasurer, a statement or statements
approved by the Treasurer and the relevant
Ministers relating to the property, rights and
liabilities of the nominated agency in relation
to a designated project as at the relevant date.
(2) A statement under this section in relation to a
designated project—
(a) must allocate to Development Victoria
all the property, rights and liabilities of
the nominated agency which relate to
the project; and
(b) must specify the provisions of
Divisions 2, 3, 4, 5, 5A and 6 of Part 3
which are to apply in relation to the
project; and
(c) must be signed on behalf of the
nominated agency and Development
Victoria.
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(3) If a statement under this section is approved
by the Treasurer and the relevant
Ministers—
(a) the Treasurer and the relevant Ministers
must sign the statement; and
(b) the statement is an allocation statement
for the purposes of this Part.
(4) The Treasurer and the relevant Ministers
may at any time direct the nominated agency
and Development Victoria to amend a
statement given to them under this section
as specified in the direction.
(5) An allocation statement under this section
may be amended in writing signed by the
Treasurer and the relevant Ministers.
(6) In this section, statement and allocation
statement include a statement or allocation
statement amended in accordance with this
section.
56E Certificate of nominated agency
(1) A certificate signed on behalf of the
nominated agency certifying that property,
rights or liabilities of the nominated agency
specified in the certificate have been
allocated under an allocation statement to
Development Victoria is, unless revoked
under subsection (2), admissible in evidence
in any proceedings and, in the absence of
evidence to the contrary, proof—
(a) that the property, rights or liabilities
have been so allocated; and
(b) that the property, rights or liabilities
vested in or became the property, rights
or liabilities of Development Victoria
on the relevant date.
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(2) If the Treasurer and the relevant Ministers so
direct the nominated agency in writing, the
nominated agency must revoke a certificate
given under subsection (1) by issuing
another certificate or certificates in place of
the first certificate.
(3) The nominated agency—
(a) must keep a register of certificates
issued under this section; and
(b) must make the register reasonably
available for inspection by
Development Victoria or any other
interested person.
56F Property and powers transferred to
Development Victoria
On the relevant date—
(a) all property and rights of the nominated
agency that are allocated under an
allocation statement to Development
Victoria vest in Development Victoria;
and
(b) all liabilities of the nominated agency
that are allocated under an allocation
statement to Development Victoria
become liabilities of Development
Victoria; and
(c) all provisions of Division 2, 3, 4, 5, 5A
or 6 of Part 3 that are specified in an
allocation statement apply in relation to
the project as if on the relevant date a
project order had been made in relation
to the project and that order had
specified those provisions.
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56G Allocation of property etc. subject to
encumbrances
Unless an allocation statement otherwise
provides, if, under this Part, property and
rights vest in Development Victoria or
liabilities become liabilities of Development
Victoria—
(a) the property and rights so vested are
subject to the encumbrances (if any) to
which they were subject immediately
before vesting; and
(b) the rights to which the nominated
agency was entitled in respect of those
liabilities immediately before they
ceased to be liabilities of that agency
vest in Development Victoria.
56H Substitution of party to agreement
If, under an allocation statement, the rights
and liabilities of the nominated agency under
an agreement are allocated to Development
Victoria—
(a) Development Victoria becomes, on the
relevant date, a party to the agreement
in place of the nominated agency; and
(b) on and after the relevant date, the
agreement has effect as if Development
Victoria had always been a party to the
agreement.
56I Nominated agency instruments
Each nominated agency instrument
relating to former agency property continues
to have effect according to its tenor on and
after the relevant date as if a reference in the
instrument to the nominated agency were a
reference to Development Victoria.
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56J Proceedings
If, immediately before the relevant date,
any proceeding relating to former agency
property (including arbitration proceedings)
to which the nominated agency was a party
is pending or existing in any court or
tribunal, then, on and after that date,
Development Victoria is substituted for
the nominated agency as a party to the
proceeding and has the same rights in the
proceeding as the nominated agency had.
56K Interests in land
Without affecting the generality of this Part
and despite anything to the contrary in any
other Act or law, if, immediately before the
relevant date, the nominated agency is, in
relation to former agency property, the
registered proprietor of an interest in land
under the Transfer of Land Act 1958, then
on and after that date—
(a) Development Victoria is taken to be the
registered proprietor of that interest in
land; and
(b) Development Victoria has the same
rights and remedies in respect of that
interest as the nominated agency had.
56L Action by Registrar of Titles
On being requested to do so and on delivery
of any relevant instrument or document, the
Registrar of Titles must make any recordings
in the Register that are necessary because of
the operation of this Part.
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56M Taxes
No land transfer duty or other tax is
chargeable under any Act in respect of
anything done under this Part or in respect
of any act or transaction connected with or
necessary to be done by reason of this Part,
including a transaction entered into or an
instrument made, executed, lodged or given,
for the purpose of, or connected with the
transfer of property, rights or liabilities of the
nominated agency.
56N Evidence
(1) Documentary or other evidence that would
have been admissible for or against the
interests of the nominated agency in relation
to former agency property if this Part had not
been enacted, is admissible for or against the
interests of Development Victoria.
(2) The Evidence Act 2008 applies with respect
to the books of account of the nominated
agency and to entries made in those books of
account before the relevant date, whether or
not they relate to former agency property, as
if those books of account and entries were
business records of Development Victoria.
56O Designated projects that are nominated
projects under the Project Development
and Construction Management Act 1994
(1) This section applies if a designated project is
a nominated project within the meaning of
the Project Development and Construction
Management Act 1994.
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(2) Despite anything to the contrary in the
Project Development and Construction
Management Act 1994, on the relevant
date—
(a) the designated project, by force of this
section, ceases to be a nominated
project; and
(b) the nomination order under that Act
that declares the designated project as a
nominated project and any application
order under that Act relating to the
nominated project is, by force of this
section, revoked.
56P Validity of things done under this Part
(1) Nothing effected by this Part or done or
suffered by the nominated agency, the State,
a Minister or Development Victoria under
this Part—
(a) is to be regarded as placing the
nominated agency, the State, a Minister
or Development Victoria in breach of
contract or confidence or as otherwise
making any of them guilty of a civil
wrong; or
(b) is to be regarded as placing any of
them in breach of or as constituting
a default under any Act or other law
or any provision in any agreement,
arrangement or understanding including
any provision prohibiting, restricting or
regulating the assignment or transfer of
any property or the disclosure of any
information; or
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(c) is to be regarded as fulfilling any
condition which allows a person to
exercise a right or remedy in respect
of or to terminate any agreement or
obligation; or
(d) releases any surety or other obligee
wholly or in part from any obligation.
(2) The validity of any act or transaction of the
nominated agency must not be called in
question in any proceeding on the ground
that any provision of this Part has not been
complied with.
(3) In this section Act does not include the
Charter of Human Rights and
Responsibilities.".
20 Annual report
In section 69 of the Principal Act—
(a) in paragraph (b), for "completed." substitute
"completed; and";
(b) after paragraph (b) insert—
"(c) in respect of each declared project
being delivered by the Authority during
the financial year, details of value
creation and capture, including—
(i) community services, benefits and
infrastructure;
(ii) increase in social capital;
(iii) enhancements to public amenity;
(iv) commercial outcomes;
(v) productivity enhancements;
(d) a report on the financial status of each
declared project.".
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21 New Parts 9 and 10 and Schedule 1 inserted
After Part 8 of the Principal Act insert—
"Part 9—Urban Renewal Authority
Victoria Amendment (Development
Victoria) Act 2017—Savings and
transitional provisions—
establishment of Development
Victoria
86 Definitions
In this Part—
commencement day means the day on
which section 8 of the Urban Renewal
Authority Victoria Amendment
(Development Victoria) Act 2017
comes into operation;
old Authority means the Urban Renewal
Authority Victoria established by the
Urban Renewal Authority Victoria
Act 2003.
87 Transitional provision—Urban Renewal
Authority Victoria
On the commencement day—
(a) the old Authority is abolished and its
members go out of office; and
(b) all members of the old Authority
immediately before the commencement
day are taken to be members of
Development Victoria on the same
terms and conditions as applied to
that person immediately before the
commencement day as a member
of the old Authority; and
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(c) the Chairperson of the old Authority
immediately before the commencement
day is taken to be the Chairperson of
Development Victoria on the same
terms and conditions as applied to the
Chairperson immediately before the
commencement day as Chairperson of
the old Authority; and
(d) the Deputy Chairperson of the old
Authority immediately before the
commencement day is taken to be the
Deputy Chairperson of Development
Victoria on the same terms and
conditions as applied to the Deputy
Chairperson immediately before the
commencement day as Deputy
Chairperson of the old Authority; and
(e) Development Victoria is the successor
in law of the old Authority; and
(f) all rights, assets, liabilities and
obligations of the old Authority
immediately before its abolition
become rights, assets, liabilities and
obligations of Development Victoria;
and
(g) all moneys standing to the credit of
the General Fund of the old Authority
become moneys standing to the credit
of the General Fund of Development
Victoria under this Act; and
(h) all moneys standing to the credit of
the Project Fund of the old Authority
become moneys standing to the credit
of the Project Fund of Development
Victoria under this Act; and
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(i) all moneys standing to the credit of the
Docklands Fund (within the meaning of
the Docklands Act 1991) of the old
Authority become moneys standing to
the credit of the Docklands Fund of
Development Victoria under that Act;
and
(j) Development Victoria is substituted as
a party in any proceedings, contract,
agreement or arrangement commenced
or made by or against or in relation to
the old Authority; and
(k) Development Victoria may continue
and complete any other continuing
matter or thing commenced by or
against or in relation to the old
Authority.
88 Action by Registrar of Titles
On being requested to do so and on delivery
of any relevant instrument or document, the
Registrar of Titles must make any recordings
in the Register that are necessary because of
the operation of this Part.
89 Transitional provision—staff of the old
Authority
(1) On the commencement day, all persons
who are employees of the old Authority
immediately before the commencement day
are taken to be employees of Development
Victoria on the same terms and conditions
and with the same accrued and accruing
entitlements as applied to that person
immediately before the commencement
day as an employee of the old Authority.
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(2) If subsection (1) applies to a person—
(a) the service of the person as an
employee with Development Victoria
is to be regarded for all purposes as
having been continuous with the
service of the employee with the old
Authority; and
(b) the person is not entitled to receive any
payment or other benefit by reason only
of having ceased to be an employee of
the old Authority.
(3) Nothing in this section prevents an
employee of the old Authority from
resigning or being dismissed at any time
after the commencement day in accordance
with the terms and conditions of the
employee's employment.
90 Transitional provision—superseded
references
On and after the commencement day, in any
Act (other than this Act) or in any instrument
made under any Act or in any other
document—
(a) a reference to the Urban Renewal
Authority Victoria Act 2003 is taken
to be a reference to the Development
Victoria Act 2003; and
(b) a reference to the Urban Renewal
Authority Victoria or to Places Victoria
is taken to be a reference to
Development Victoria—
so far as it relates to any period after that
commencement, unless the context otherwise
requires.
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91 Savings provision—corporate plan
On and after the commencement day, the
corporate plan that was prepared under
section 57 and in force immediately before
the commencement day is taken to be the
corporate plan prepared in respect of
Development Victoria, and may be amended
in accordance with this Act.
92 Regulations 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 the Urban
Renewal Authority Victoria Amendment
(Development Victoria) Act 2017,
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 Urban Renewal
Authority Victoria Amendment
(Development Victoria) Act 2017
receives Royal Assent; and
(b) be of limited or general application; and
(c) differ according to time, place or
circumstance; and
(d) leave any matter or thing to be decided
by a specified person or class of person.
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(3) Regulations under this section have effect
despite anything to the contrary in any Act
(other than this Act or the Charter of
Human Rights and Responsibilities
Act 2006) or in any subordinate instrument.
(4) Sections 6 and 7 of the Subordinate
Legislation Act 1994 do not apply to any
regulations made under this section.
(5) This section expires on the second
anniversary of the day on which it comes
into operation.
Part 10—Transitional provisions—
transfer of nominated projects to
Development Victoria
93 Definitions
In this Part—
application order has the same meaning as it
has in the Project Development and
Construction Management Act 1994;
commencement day means the day on which
section 8 of the Urban Renewal
Authority Victoria Amendment
(Development Victoria) Act 2017
comes into operation;
facilitating agency has the same meaning as
it has in the Project Development and
Construction Management Act 1994;
former agency means a public statutory
corporation that, immediately before
the commencement day, was the
facilitating agency in respect of a
relevant development;
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former agency instrument means an
instrument (including a legislative
instrument other than this Act)
subsisting immediately before the
commencement day—
(a) to which the former agency was a
party; or
(b) that was given to or in favour of
the former agency; or
(c) that refers to the former agency; or
(d) under which—
(i) money is, or may become,
payable to or by the former
agency; or
(ii) other property is to be, or
may become liable to be,
transferred to or by the
former agency;
nominated project has the same meaning as
it has in the Project Development and
Construction Management Act 1994;
nomination order has the same meaning as
it has in the Project Development and
Construction Management Act 1994;
public statutory corporation has the same
meaning as it has in the Project
Development and Construction
Management Act 1994;
relevant development means a nominated
project specified in Column 2 of
Schedule 1.
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94 Transfer of nominated projects to
Development Victoria
(1) This section applies to a relevant
development.
(2) On and after the commencement day—
(a) the relevant development is taken to be
a declared project as if a project order
had been made under Part 3 in respect
of that relevant development; and
(b) the provisions of Divisions 2, 3, 4,
5, 5A, and 6 of Part 3 specified in
Column 3 of Schedule 1 apply in
relation to the relevant development;
and
(c) all property of the former agency
forming part of and used solely for
the relevant development vests in
Development Victoria; and
(d) all rights and liabilities of the former
agency in relation to the relevant
development become liabilities of
Development Victoria; and
(e) despite anything to the contrary in
the Project Development and
Construction Management
Act 1994—
(i) the relevant development, by force
of this section, ceases to be a
nominated project; and
(ii) the nomination order under that
Act that declares the relevant
development as a nominated
project and any application order
under that Act relating to the
relevant development as a
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nominated project is, by force of
this section, revoked.
(3) Without limiting the Interpretation of
Legislation Act 1984, a project order taken
to have been made under this section may be
amended or revoked as if it had been made
under Part 3.
95 Vesting of property etc. subject to
encumbrances
If, under this Part, property and rights vest in
Development Victoria or liabilities become
liabilities of Development Victoria—
(a) the property and rights so vested are
subject to the encumbrances (if any) to
which they were subject immediately
before vesting; and
(b) the rights to which the former agency
was entitled in respect of those
liabilities immediately before they
ceased to be liabilities of that agency
vest in Development Victoria.
96 Substitution of party to agreement
If, under this Part, the rights and liabilities of
the former agency under an agreement vest
in Development Victoria—
(a) Development Victoria becomes, on
the commencement day, a party to the
agreement in place of the former
agency; and
(b) on and after the commencement
day, the agreement has effect as if
Development Victoria had always
been a party to the agreement.
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97 Former agency instruments
Each former agency instrument relating to
property vested in Development Victoria
under this Part continues to have effect
according to its tenor on and after the
commencement day as if a reference in the
instrument to the former agency were a
reference to Development Victoria.
98 Proceedings
If, immediately before the commencement
day, any proceeding relating to property,
rights or liabilities that, under this Part,
have vested in or become liabilities of
Development Victoria (including arbitration
proceedings) to which the former agency
was a party were pending or existing in any
court or tribunal, then, on and after the
commencement day, Development Victoria
is substituted for the former agency as a
party to the proceeding and has the same
rights in the proceeding as the former agency
had.
99 Interests in land
Without affecting the generality of this Part
and despite anything to the contrary in any
other Act or law, if, immediately before the
commencement day, the former agency is, in
relation to property, rights or liabilities that,
under this Part, have vested in or become
liabilities of Development Victoria, the
registered proprietor of an interest in land
under the Transfer of Land Act 1958, then
on and after that day—
(a) Development Victoria is taken to be the
registered proprietor of that interest in
land; and
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(b) Development Victoria has the same
rights and remedies in respect of that
interest as the former agency had.
100 Action by Registrar of Titles
On being requested to do so and on delivery
of any relevant instrument or document, the
Registrar of Titles must make any recordings
in the Register that are necessary because of
the operation of this Part.
101 Taxes
No land transfer duty or other tax is
chargeable under any Act in respect of
anything done under this Part or in respect of
any act or transaction connected with or
necessary to be done by reason of this Part,
including a transaction entered into or an
instrument made, executed, lodged or given,
for the purpose of, or connected with the
transfer of property, rights or liabilities of the
former agency.
102 Evidence
(1) Documentary or other evidence that, if this
Part had not been enacted, would have been
admissible for or against the interests of the
former agency in relation to property, rights
or liabilities that, under this Part, have vested
in or become liabilities of Development
Victoria, is admissible for or against the
interests of Development Victoria.
(2) The Evidence Act 2008 applies with
respect to the books of account of the former
agency and to entries made in those books
of account before the commencement day,
whether or not they relate to property, rights
or liabilities that, under this Part, have vested
in or become liabilities of Development
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Victoria, as if those books of account and
entries were business records of
Development Victoria.
103 Validity of things done under this Part
(1) Nothing effected by this Part or done or
suffered by the former agency, the State, a
Minister or Development Victoria under this
Part—
(a) is to be regarded as placing the
former agency, the State, a Minister or
Development Victoria in breach of
contract or confidence or as otherwise
making any of them guilty of a civil
wrong; or
(b) is to be regarded as placing any of
them in breach of or as constituting
a default under any Act or other law
or any provision in any agreement,
arrangement or understanding including
any provision prohibiting, restricting or
regulating the assignment or transfer of
any property or the disclosure of any
information; or
(c) is to be regarded as fulfilling any
condition which allows a person to
exercise a right or remedy in respect of
or to terminate any agreement or
obligation; or
(d) releases any surety or other obligee
wholly or in part from any obligation.
(2) The validity of any act or transaction of the
former agency must not be called in question
in any proceeding on the ground that any
provision of this Part has not been complied
with.
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(3) In this section Act does not include the
Charter of Human Rights and
Responsibilities.
Schedule 1—Projects to be
transferred to Development
Victoria
Section 93
Table
Column 1
Item
Column 2
Relevant development
Column 3
Applicable Part 3
powers
1. Ballarat West Employment Zone
Development declared under the
nomination order published in the
Government Gazette No G41 at
page 2357 on 9 October 2014
All powers under
sections 39, 40, 41, 42,
43, 46, 47, 53, 54, 55
2. Commonwealth Games Village
Project declared under the
nomination order published in the
Government Gazette No S233 at
page 1 on 5 September 2006
All powers under
sections 39, 40, 41, 42,
43, 44, 46, 47, 48, 49,
53, 54, 55
3. Flinders Street Station
Administration Building Project
declared under the nomination
order published in the Government
Gazette No S333 at page 1 on
10 November 2015
All powers under
sections 41, 53, 54, 55
4. Kew Residential Services
Redevelopment Project declared
under the nomination order
published in the Government
Gazette No G35 at page 1972 on
1 September 2005
All powers under
sections 39, 40, 41,
42, 43, 44, 46, 47, 48,
49, 52, 53, 54, 55
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Column 1
Item
Column 2
Relevant development
Column 3
Applicable Part 3
powers
5. Melbourne Park Redevelopment
declared under the nomination
order published in the Government
Gazette No S380 at page 1 on
21 September 2010
All powers under
sections 39, 40, 41, 42,
43, 44, 46, 47, 48, 49,
53, 54, 55
6. Palais Theatre Project declared
under the nomination order
published in the Government
Gazette No G51 at page 2784 on
24 December 2015
All powers under
sections 40, 41, 42, 44,
47, 48, 49, 53, 54, 55
7. State Library Redevelopment
Project declared under the
nomination order published in the
Government Gazette No G51 at
page 2785 on 24 December 2015
All powers under
sections 40, 41, 42, 44,
47, 48, 49, 53, 54
8. State Library Victoria, Ballarat
Off Site Store Module 2 Project
declared under the nomination
order published in the Government
Gazette No G40 at page 2500 on
6 October 2016
All powers under
sections 40, 41, 44, 47,
48, 49, 53, 54
".
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Part 3—Consequential amendments to the
Urban Renewal Authority Victoria Act 2003
22 Change of name to Development Victoria—
definitions and headings
(1) In section 3 of the Principal Act—
(a) in the definition of board, for
"the Authority" substitute
"Development Victoria";
(b) in the definition of holding and selling costs,
for "the Authority" (wherever occurring)
substitute "Development Victoria";
(c) in the definition of staff, for "the Authority"
substitute "Development Victoria".
(2) In the heading to sections 4, 8, 40, 64 and 73 of
the Principal Act, for "the Authority" substitute
"Development Victoria".
(3) In the heading to sections 9, 12 ,14, 31, 32, 36, 37,
47, 51Y, 51ZA, 51ZC, 51ZF and 51ZN of the
Principal Act, for "Authority" substitute
"Development Victoria".
23 Change of name to Development Victoria—
sections 5 to 69
(1) In sections 5(2), 8(1), 9(1) and (2), 16(1) and (2),
27(1), 41(3), 42(5), 44(2) and (4), 46(1), (2), (5)
and (8), 47(1), 48 and 49(1) of the Principal Act,
for "The Authority" substitute "Development
Victoria".
(2) In sections 51E(1) and (4), 51I(1), 51J(1), 51Q(1)
and (3), 51R(1), 51V(1), 51W(1), 51X(1), 51Y(1),
51Z, 51ZA(1), 51ZC(3), 51ZD(1), 51ZE, 51ZF(1)
and (2), 51ZO(6), 54(3), 56(1), 59, 62(1) and (3),
63(1) and (3), 64, 66 and 69 of the Principal Act,
for "The Authority" substitute "Development
Victoria".
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24 Change of name to Development Victoria—
sections 4 to 49
(1) In sections 4, 5(3), 5(4) (wherever occurring),
7(2), 8(2), (2)(a), 10(1)(a), 11(1), (1)(a), (b), (c),
(2)(a), (b), (c), 12(1) and (2), 13(1), (1)(a), (b)
(where twice occurring), (c), (2) and 14(1) and (2)
(where twice occurring) of the Principal Act, for
"the Authority" substitute "Development
Victoria".
(2) In sections 15(1), 16(1), (1)(b), (3), (5), 17(1),
(2)(a), (b), 19(1), (2), 19A, 20(1), (2), 21(3), (4),
22(1), (2) (where twice occurring), (3), (4), 23(1),
(2), (3), 24(1)(a), 25(2) (where twice occurring),
(3) and (4) of the Principal Act, for "the
Authority" substitute "Development Victoria".
(3) In sections 28(1)(a), 29(1)(a), 30(1), (2), (3)
(where twice occurring), (4) (where twice
occurring), 31 (wherever occurring), 31(b),
32(1), (1)(a), (2) (where twice occurring),
33(1) (wherever occurring), 34(4)(a), (b),
35(2) (where twice occurring), 36 and 37
(where twice occurring) of the Principal Act,
for "the Authority" substitute "Development
Victoria".
(4) In sections 40(1), (2) (where twice occurring),
(5) (where twice occurring), 41(1) (where twice
occurring), (2), 42(1), (3), (4), 43(3), 44(1)(b), (3),
(4), 46(4), (4)(b), 47(2) and 49(2)(b) of the
Principal Act, for "the Authority" substitute
"Development Victoria".
25 Change of name to Development Victoria—
sections 51F to 62
(1) In sections 51D(3), 51F(1), (1)(a), (b), (c), (d),
51I(3), 51M(1), 51V(1), 51W(1), (1)(a), (b), (c),
51X(1), (1)(a), (b), (c), 51Y(2), 51ZA(2)(b),
51ZC(1), (2), 51ZD(2), 51ZG, 51ZH, 51ZK
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(where twice occurring), 51ZL(1) (where twice
occurring), (2) (where twice occurring), (3),
51ZM(5), 51ZN(1) (where twice occurring)
and (2) (where twice occurring) of the Principal
Act, for "the Authority" substitute "Development
Victoria".
(2) In sections 51ZO(1), (3)(a), (5), 53(1), (2) (where
twice occurring), (3) (where twice occurring), (4),
54(1), 56(1), (3)(b), (4) (where twice occurring),
(5), 57(12), 58, 58(a), (b), (c), (e), (f), 60 (where
twice occurring), 61(a), 62(2)(a), (c), (3)(a), (b)
and (c) (where twice occurring) of the Principal
Act, for "the Authority" substitute "Development
Victoria".
26 Change of name to Development Victoria—
sections 63 to 79
(1) In sections 63(2)(a), (c), (3)(a), (b), (c), 65(1),
(1)(a), (c), (2), 67(1) (where twice occurring),
(1)(b), (2), 71 (where twice occurring), 71(b),
72(1) (where twice occurring), 73, 73(a), (b),
(c) and 74 (where twice occurring) of the
Principal Act, for "the Authority" substitute
"Development Victoria".
(2) In sections 75(1)(a), (c), (d), (e), (2)
(wherever occurring), (3) (where twice
occurring), (4) (wherever occurring), 76(1)
(wherever occurring), (2), (2)(d), (3), (5)
and 79(1)(a) (wherever occurring) of the
Principal Act, for "the Authority" substitute
"Development Victoria".
27 Change of name to Development Victoria—
sections 46 to 75
In sections 46(4)(b), 47(2), 51ZK, 51ZN(1)(c),
(2)(b), 65(1)(b), (d), (3), 72(1), 75(1)(b), (f)
and (4) of the Principal Act, for "the Authority's"
substitute "Development Victoria's".
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28 Consequential amendment to section 42
In section 42(2)(b) of the Principal Act, for
"the Victorian Urban Development Authority"
substitute "Development Victoria".
29 Consequential amendment to heading to Part 6
For the heading to Part 6 of the Principal Act
substitute—
"Part 6—Reports by Development
Victoria".
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Part 4—Amendments to other Acts
30 Amendment to the Borrowing and Investment
Powers Act 1987
In Schedule 1 to the Borrowing and Investment
Powers Act 1987, in column 1 of item 23AB, for
"Urban Renewal Authority Victoria" substitute
"Development Victoria".
31 Amendments to the Building Act 1993
(1) In the heading to section 18A of the Building
Act 1993, for "VicUrban" substitute
"Development Victoria".
(2) In section 18A(1)(a) of the Building Act 1993,
for "Victorian Urban Development Authority
Act 2003" substitute "Development Victoria
Act 2003".
(3) In section 18A(2)(a) and (b) of the Building
Act 1993, for "the Urban Renewal Authority
Victoria" substitute "Development Victoria".
(4) In section 24(3) of the Building Act 1993—
(a) for "the Urban Renewal Authority Victoria"
substitute "Development Victoria";
(b) for "the Authority" (where twice occurring)
substitute "Development Victoria";
(c) for "Urban Renewal Authority
Victoria Act 2003" substitute
"Development Victoria Act 2003".
(5) In the heading to section 32A of the
Building Act 1993, for "VicUrban"
substitute "Development Victoria".
(6) In section 32A(1)(a) of the Building Act 1993,
for "Victorian Urban Development Authority
Act 2003" substitute "Development Victoria
Act 2003".
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(7) In section 32A(2)(a) and (b) of the Building
Act 1993, for "the Urban Renewal Authority
Victoria" substitute "Development Victoria".
32 Amendment to the City of Melbourne Act 2001
In section 3 of the City of Melbourne Act 2001,
for the definition of Authority substitute—
"Authority means Development Victoria
established by the Development Victoria
Act 2003;".
33 Amendments to the Docklands Act 1991
(1) In section 3 of the Docklands Act 1991—
(a) the definition of Authority is repealed;
(b) in the definition of chief executive—
(i) for "Urban Renewal Authority
Victoria Act 2003" substitute
"Development Victoria Act 2003";
(ii) for "the Authority" substitute
"Development Victoria";
(c) insert the following definition—
"Development Victoria means
Development Victoria established by
the Development Victoria Act 2003;";
(d) in the definition of holding and selling costs,
for "the Authority" (wherever occurring)
substitute "Development Victoria";
(e) in the definition of staff—
(i) for "the Authority" substitute
"Development Victoria";
(ii) for "Victorian Urban Development
Authority Act 2003" substitute
"Development Victoria Act 2003".
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(2) In the heading to sections 6, 23 and 65 of the
Docklands Act 1991, for "Authority" substitute
"Development Victoria".
(3) In the heading to sections 9, 10 and 18 of the
Docklands Act 1991, for "the Authority"
substitute "Development Victoria".
(4) For the heading to Part 2 of the of the Docklands
Act 1991 substitute—
"Part 2—Development Victoria".
(5) In the heading to Part 3 of the of the Docklands
Act 1991, for "the Authority" substitute
"Development Victoria".
(6) In section 19(3)(b) of the Docklands Act 1991,
for "the Victorian Urban Development Authority"
substitute "Development Victoria".
(7) In section 19A of the Docklands Act 1991, for
"Victorian Urban Development Authority
Act 2003" substitute "Development Victoria
Act 2003".
(8) In the heading to section 22 of the Docklands
Act 1991, for "Authority's" substitute
"Development Victoria's".
(9) In sections 4(5)(b), 8, 9(1), (2), 11(3), 17(1),
18(1), (2) (where twice occurring), (4)
(where twice occurring), 19(1), (2), (4)
(where twice occurring), 19A (where twice
occurring), 20(1)(b), (3), 22(1), (4)(a), 23(2),
24(2), (3)(b), 25(1), (1)(a), (b), (c), (d), (2)(f),
(4A), (6) and (7) of the Docklands Act 1991,
for "the Authority" substitute "Development
Victoria".
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(10) In sections 26(1), 28(1), (2) (where twice
occurring), (2A) (where twice occurring),
(3), 29(1), 34(1)(a), 35(1), 35A(1), (3)(a)(ii),
(3)(b), (4) (where twice occurring), (5), 40(4)
(wherever occurring) and 48 (where twice
occurring) of the Docklands Act 1991, for
"the Authority" substitute "Development
Victoria".
(11) In sections 49(1)(g), (2) (wherever occurring),
(3) (where twice occurring), 54(1), (1)(d), (f), (j),
(k), (l), 55(5), 58(1) (where twice occurring), (2),
59(1) (where twice occurring), (3), 61, 62(2)(a),
(d), (f), 63, 64, 66(3)(a), (a)(i), 67(1)(a), (b),
(3)(a), (7) (where twice occurring), 68(2), (4),
69 and 70(1) of the Docklands Act 1991, for
"the Authority" substitute "Development
Victoria".
(12) In sections 6, 10, 11(1), (2), 20(2), (4), 22(2),
(3), 23(1), 24(1), 29(3), 35(2), 35A(1), 36(1),
(2), (3), 55(1), (2), 62(4), 65(1) and 67(2) of
the Docklands Act 1991, for "The Authority"
substitute "Development Victoria".
(13) In section 22(1), (1)(b), 23(2), 42(1) and 55(2)
of the Docklands Act 1991, for "the Authority's"
substitute "Development Victoria's".
(14) In section 24(3)(c) of the Docklands Act 1991,
for "omitted;" substitute "omitted.".
(15) Section 24(3)(d) of the Docklands Act 1991 is
repealed.
34 Amendments to the Environment Protection
Act 1970
(1) In section 50AC(f) of the Environment
Protection Act 1970, for "the Urban Renewal
Authority Victoria" substitute "Development
Victoria".
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(2) In section 50BC(e) of the Environment
Protection Act 1970, for "the Urban Renewal
Authority Victoria" substitute "Development
Victoria".
35 Amendments to Land Tax Act 2005
(1) In section 82(1)(b) of the Land Tax Act 2005,
for "the Urban Renewal Authority Victoria"
substitute "Development Victoria".
(2) In section 82(2) of the Land Tax Act 2005—
(a) for "Victorian Urban Development
Authority Act 2003" substitute
"Development Victoria Act 2003";
(b) for "the Urban Renewal Authority Victoria"
substitute "Development Victoria".
36 Amendment to the Melbourne City Link Act 1995
In section 62(1)(b) of the Melbourne City Link
Act 1995, for "the Urban Renewal Authority
Victoria" substitute "Development Victoria".
37 Amendments to the Subdivision Act 1988
(1) In section 21(2A) and (2C) of the Subdivision
Act 1988—
(a) for "Victorian Urban Development
Authority Act 2003" substitute
"Development Victoria Act 2003";
(b) for "the Victorian Urban Development
Authority" (wherever occurring) substitute
"Development Victoria".
(2) In section 21(2C)(b) of the Principal Act, for
"the Authority" substitute "Development
Victoria".
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Part 4—Amendments to other Acts
Urban Renewal Authority Victoria Amendment (Development Victoria)
Act 2017
No. 10 of 2017
42
Authorised by the Chief Parliamentary Counsel
38 Amendments to the Transport Integration Act 2010
In section 3 of the Transport Integration
Act 2010—
(a) in the definition of interface body, in
paragraph (g)—
(i) for "Urban Renewal Authority
Victoria Act 2003" substitute
"Development Victoria Act 2003";
(ii) for "the Urban Renewal Authority
Victoria" substitute "Development
Victoria";
(b) in the definition of interface legislation, for
"Victorian Urban Development Authority
Act 2003" substitute "Development
Victoria Act 2003".
39 Amendments to the Treasury Corporation of
Victoria Act 1992
(1) In section 36A of the Treasury Corporation of
Victoria Act 1992, in the definition of public
authority, for "the Urban Renewal Authority
Victoria" substitute "Development Victoria".
(2) In Schedule 1 to the Treasury Corporation of
Victoria Act 1992—
(a) in column 1, for "Urban Renewal Authority
Victoria" substitute "Development
Victoria";
(b) in column 2, for "Urban Renewal
Authority Victoria Act 2003" substitute
"Development Victoria Act 2003".
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Part 5—Repeal of amending Act
Urban Renewal Authority Victoria Amendment (Development Victoria)
Act 2017
No. 10 of 2017
43
Authorised by the Chief Parliamentary Counsel
Part 5—Repeal of amending Act
40 Repeal of amending Act
This Act is repealed on 30 November 2018.
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
Urban Renewal Authority Victoria Amendment (Development Victoria)
Act 2017
No. 10 of 2017
44
Authorised by the Chief Parliamentary Counsel
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 23 November 2016
Legislative Council: 7 February 2017
The long title for the Bill for this Act was "A Bill for an Act to amend
the Urban Renewal Authority Victoria Act 2003 to abolish the
Urban Renewal Authority Victoria, to establish Development Victoria
as its successor in law, to set out a process for the transfer of certain
nominated projects under the Project Development and Construction
Management Act 1994 to Development Victoria for it to develop or
manage the development of the projects, to consequentially amend other
Acts and for other purposes."
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