Commonwealth Games Arrangements (Amendment) Act 2003

i Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 3. Principal Act 2 PART 2—DEVELOPMENT OF FACILITIES AND COMMONWEALTH GAMES VILLAGE 3 4. New section 1 substituted 3 1. Purposes 3 5. Amendment of definition of "facilities" 3 6. New section 3A inserted 5 3A. Declaration of Games related facilities 5 7. References to "facilities" 6 8. Declaration of Commonwealth Games project 6 9. Application of Planning and Environment Act 1987 7 10. New sections 44A and 44B inserted 7 44A. General powers relating to roads 7 44B. Closing roads 9 11. New Part 4A inserted 10 PART 4A—COMMONWEALTH GAMES VILLAGE 10 Division 1—Planning Powers 10 48A. Games Village 10 48B. Minister to have planning powers 10 Division 2—Revocation of Reservations on Games Village Land 11 48C. Revocation of reservations 11 48D. Consequences of revoking reservations 11 48E. Registrar of Titles to make necessary amendments 11 -- 1 of 24 -- Section Page ii PART 3—SECRETARY TO THE DEPARTMENT FOR VICTORIAN COMMUNITIES 12 12. Definition substituted 12 13. Secretary is a body corporate 12 25A. The Secretary is a body corporate 12 14. Role of Secretary 13 15. Contracts and agreements 13 16. Delegation by Secretary 14 17. New sections 28A and 28B inserted 14 28A. Secretary is subject to Ministerial control 14 28B. Department Head's powers are not affected 14 PART 4—MISCELLANEOUS AMENDMENTS 16 18. New sections 57A and 57B inserted 16 57A. Transitional provision—Secretary 16 57B. Savings provision—Advisory Committees 16 19. Section 58 substituted 17 58. Expiry 17 20. Statute law revision 17 21. New Schedule 1 inserted 17 SCHEDULE 1—Land in Respect of which Reservations are Revoked 17 PART 5—AMENDMENTS OF PROJECT DEVELOPMENT AND CONSTRUCTION MANAGEMENT ACT 1994 19 22. Definition repealed 19 23. New section 8A inserted 19 8A. Orders may be amended or revoked 19 24. Tabling of orders 20 25. Part 5A repealed 20 26. New Part 9 inserted 20 PART 9—TRANSITIONAL AND SAVING PROVISIONS 20 76. Confirmation of nomination order 20 77. Confirmation of direction 21 78. Body corporate is dissolved 21 ═══════════════ ENDNOTES 22 -- 2 of 24 -- 1 Commonwealth Games Arrangements (Amendment) Act 2003 † [Assented to 13 May 2003] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The main purpose of this Act is to amend the Commonwealth Games Arrangements Act 2001— (a) to facilitate— (i) the development of the Commonwealth Games Village; and Victoria No. 16 of 2003 -- 3 of 24 -- Part 1—Preliminary Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 2 (ii) the development, re-development and use of the Games Village land after the Commonwealth Games; (b) to make further provision in relation to Commonwealth Games projects, Commonwealth Games venues and Games related facilities, including facilities which can be used by all Victorians after the Commonwealth Games; (c) to establish a body corporate to be responsible for various matters relating to Commonwealth Games projects. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Principal Act In this Act, the Commonwealth Games Arrangements Act 2001 is called the Principal Act. __________________ s. 2 See: Act No. 57/2001. LawToday: www.dms. dpc.vic. gov.au -- 4 of 24 -- Part 2—Development of Facilities and Commonwealth Games Village Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 3 PART 2—DEVELOPMENT OF FACILITIES AND COMMONWEALTH GAMES VILLAGE 4. New section 1 substituted For section 1 of the Principal Act substitute— "1. Purposes The main purposes of this Act are— (a) to facilitate preparations for the Commonwealth Games to be held in Melbourne in 2006; (b) to facilitate— (i) the development of the Commonwealth Games Village; and (ii) the development, re-development and use of the Games Village land after the Commonwealth Games; (c) to provide for the development and use of Commonwealth Games projects, Commonwealth Games venues and Games related facilities, including facilities which can be used by all Victorians after the Commonwealth Games.". 5. Amendment of definition of "facilities" (1) In section 3(1) of the Principal Act for the definition of "facilities" substitute— ' "facilities" means— (a) facilities required for, convenient for or ancillary to the hosting of the Commonwealth Games, including, but not limited to— s. 4 -- 5 of 24 -- Part 2—Development of Facilities and Commonwealth Games Village Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 4 (i) facilities for the conduct of sporting events; (ii) training facilities for competitors; (iii) hydrotherapy facilities; (iv) media centres and other communications facilities for the media; (v) residential accommodation for competitors, officials and members of the media; (vi) storage facilities for sporting, communication or other equipment; (vii) catering facilities for sports venues, training facilities, media centres and residential accommodation; (viii) helicopter landing facilities; (ix) support services facilities; (b) Games related facilities; (c) transport facilities and other infrastructure facilities associated with— (i) any facilities set out in paragraph (a); or (ii) Games related facilities;'. (2) In section 3(1) of the Principal Act insert the following definitions— ' "Games related facilities" means any works, development, infrastructure or services declared under section 3A to be Games related facilities; s. 5 -- 6 of 24 -- Part 2—Development of Facilities and Commonwealth Games Village Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 5 "Games Village land" means the land shown hatched on the plan numbered LEGL./03–014 and lodged in the Central Plan Office of the Department of Sustainability and Environment but does not include any land excluded under sub- section (2); "Games Village project" means the project for— (a) the development of the Commonwealth Games Village and the use of the Games Village land before and during the Commonwealth Games; and (b) the development, re-development and use of the Games Village land after the Commonwealth Games;'. (3) For section 3(2) of the Principal Act substitute— "(2) The Governor in Council, by Order published in the Government Gazette, may declare land to be excluded from the Games Village land.". 6. New section 3A inserted After section 3 of the Principal Act insert— "3A. Declaration of Games related facilities The Minister, by Order published in the Government Gazette, may declare any works, development, infrastructure or services of any kind to be provided before, during or after the Commonwealth Games to be Games related facilities.". s. 6 -- 7 of 24 -- Part 2—Development of Facilities and Commonwealth Games Village Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 6 7. References to "facilities" (1) In section 6(1)(a)(i) of the Principal Act, for "for the Commonwealth Games" substitute "under this Act". (2) After section 6(1)(a)(ii) of the Principal Act insert— "(iii) the development of the Games Village project; and". (3) In section 7(2) of the Principal Act, for "relating to the development of facilities for the Commonwealth Games" substitute "referred to in section 6(1)(a)(i) or (iii)". 8. Declaration of Commonwealth Games project (1) In section 15(1)(a)(ii) of the Principal Act, for "and" substitute "or". (2) After section 15(1)(a)(ii) of the Principal Act insert— "(iii) the Games Village project; and". (3) In section 15(3) of the Principal Act for "on the proposed facility" substitute "in relation to the matter". (4) In section 15(4) of the Principal Act for "proposed facility" substitute "matter referred to it". (5) After section 15(4) of the Principal Act insert— "(4A) An Advisory Committee may recommend the making of more than one project Order in relation to any matter referred to it under this section.". s. 7 -- 8 of 24 -- Part 2—Development of Facilities and Commonwealth Games Village Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 7 9. Application of Planning and Environment Act 1987 At the end of section 20 of the Principal Act insert— "(2) This section does not apply to the Games Village land.". 10. New sections 44A and 44B inserted In Division 5 of Part 4 of the Principal Act, before section 45 insert— "44A. General powers relating to roads (1) For the purpose of a Commonwealth Games project, the Minister may— (a) construct, realign, relocate, open or close any road; and (b) carry out or operate works or facilities associated with the powers under paragraph (a). (2) The Minister must not exercise a power under sub-section (1)(a), unless the Minister has consulted with the Minister administering the Transport Act 1983. (3) Before making a decision to close, realign or relocate a road, the Minister must ensure that provision is made with respect to pipes, wires, apparatus, sewers, drains, tunnels, conduits, poles, posts and fixtures lawfully on, over, under or across the road or part of the road. (4) If the Minister makes a decision to close, realign or relocate a road, the Minister must make provision for the payment of compensation to— (a) any person in whom the land comprised in the road or part of the road is vested; and s. 9 -- 9 of 24 -- Part 2—Development of Facilities and Commonwealth Games Village Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 8 (b) any owner of property which in the opinion of the Minister is likely to be substantially affected by that closure, realignment or relocation. (5) The Minister may certify that, having regard to the extent to which any person referred to in sub-section (4)(a) or (b) is or is likely to be affected by the closure, realignment or relocation of a road, the compensation payable to that person under sub-section (4) should not exceed the amount stated in the certificate (not being more than $400). (6) If the Minister so certifies under sub-section (5), the amount stated in the certificate in respect of that person is to be the full amount payable to that person under sub-section (4) by the Minister, by way of compensation. (7) If the Minister is satisfied that a person who might be entitled to compensation under sub- section (4) cannot be found, the Minister may direct that no provision, or such provision as the Minister specifies, is to be made for payment of compensation to that person. (8) If sub-section (6) or (7) does not apply, the compensation payable to a person under sub- section (4) is to be— (a) the amount agreed between the Minister and the person; or (b) if agreement is not reached, the amount determined as if the amount of compensation payable were a disputed claim under Part 10 of the Land Acquisition and Compensation Act 1986. s. 10 -- 10 of 24 -- Part 2—Development of Facilities and Commonwealth Games Village Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 9 (9) The Governor in Council, by order published in the Government Gazette, may provide for any vesting or divesting of lands necessary because of the exercise by the Minister of the powers under sub-section (1). 44B. Closing roads (1) A decision under section 44A to close, realign or relocate a road has no effect until the Minister causes notice of it to be published— (a) in the Government Gazette; and (b) in a newspaper circulating generally throughout the area affected by the closure, realignment or relocation. (2) On the publication under sub-section (1) of a decision closing, realigning or relocating a road— (a) the land over which the closed, realigned or relocated road ran ceases to be a road; and (b) all rights, easements and privileges existing or claimed in 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 dedication or by user or operation of law or otherwise, cease; and (c) the land is deemed to be unalienated land of the Crown.". s. 10 -- 11 of 24 -- Part 2—Development of Facilities and Commonwealth Games Village Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 10 11. New Part 4A inserted After Part 4 of the Principal Act insert— "PART 4A—COMMONWEALTH GAMES VILLAGE Division 1—Planning Powers 48A. Games Village This Division only applies to the Games Village land if the Games Village project is declared to be a Commonwealth Games project under section 15. 48B. Minister to have planning powers (1) The Minister has and may exercise in relation to the Games Village land all of the powers, functions and duties of the Minister under the Planning and Environment Act 1987. (2) Division 5 of Part 6 of the Planning and Environment Act 1987 does not apply to any decision (or failure to make a decision) or matter relating to the Games Village land. (3) Nothing in this section is intended to limit or affect the exercise by the Minister for the time being administering the Planning and Environment Act 1987 of that Minister's powers, functions and duties under that Act. (4) This section applies despite anything to the contrary in the Planning and Environment Act 1987. s. 11 -- 12 of 24 -- Part 2—Development of Facilities and Commonwealth Games Village Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 11 Division 2—Revocation of Reservations on Games Village Land 48C. Revocation of reservations The Orders in Council specified in items 1, 2 and 3 of Schedule 1 are revoked. 48D. Consequences of revoking reservations On the revocation under this Division of an Order in Council reserving land— (a) that land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and (c) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. 48E. Registrar of Titles to make necessary amendments The Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Division.". __________________ s. 11 -- 13 of 24 -- Part 3—Secretary to the Department for Victorian Communities Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 12 PART 3—SECRETARY TO THE DEPARTMENT FOR VICTORIAN COMMUNITIES 12. Definition substituted In section 3(1) of the Principal Act for the definition of "Secretary" substitute— ' "Secretary" means the body corporate constituted under section 25A;'. 13. Secretary is a body corporate In Division 3 of Part 3 of the Principal Act before section 26 insert— '25A. The Secretary is a body corporate (1) The person who is for the time being the Department Head (within the meaning of the Public Sector Management and Employment Act 1998) of the Department for Victorian Communities and the successors in office of that person are a body corporate under the name "Secretary to the Department for Victorian Communities" which, by that name— (a) has perpetual succession; (b) has an official seal; (c) may sue and be sued; (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all things that a body corporate may, by law, do and suffer. (2) The official seal of the Secretary must be kept as directed by the Secretary and must not be used except as authorised by the Secretary. s. 12 -- 14 of 24 -- Part 3—Secretary to the Department for Victorian Communities Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 13 (3) All courts must take judicial notice of the official seal of the Secretary on a document and, until the contrary is proved, must presume that the seal was properly affixed.'. 14. Role of Secretary After section 26(2) of the Principal Act insert— "(3) The Secretary may perform its functions under this Act within or outside Victoria. (4) The Secretary may exercise its powers under this Act within or outside Victoria. (5) Without limiting sub-section (2), in the performance of its functions under this Act, the Secretary, with the approval of the Treasurer, may— (a) form, participate in the formation of or be a member of a body corporate, association, partnership, trust or other body; and (b) enter into a joint venture with any other person.". 15. Contracts and agreements At the end of section 27 of the Principal Act insert— "(2) The Secretary may enter into any contracts, agreements or arrangements for the provision by the Secretary of— (a) administration in relation to a Commonwealth Games project; or (b) management of information systems or services in relation to a Commonwealth Games project. s. 14 -- 15 of 24 -- Part 3—Secretary to the Department for Victorian Communities Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 14 (3) The Secretary may do all things necessary or convenient to be done to give effect to the contracts, agreements and arrangements referred to in sub-sections (1) and (2).". 16. Delegation by Secretary (1) For section 28(a) of the Principal Act substitute— "(a) a person or a class of persons employed under Part 3 of the Public Sector Management and Employment Act 1998; or". (2) Section 28(b) of the Principal Act is repealed. (3) At the end of section 28 of the Principal Act insert— "(2) The Secretary, with the consent of the Minister, may in writing delegate any of the powers conferred on the Secretary under sections 27 and 44 to any other person or body or the holder of any office. (3) The Minister's consent under sub-section (2) may be in respect of a class or classes of persons or bodies or offices.". 17. New sections 28A and 28B inserted After section 28 of the Principal Act insert— "28A. Secretary is subject to Ministerial control In the exercise of its powers and functions the Secretary is subject to the direction and control of the Minister. 28B. Department Head's powers are not affected The powers and functions of the person who for the time being constitutes the Secretary are in addition to, and do not affect, that person's powers and functions as a s. 16 -- 16 of 24 -- Part 3—Secretary to the Department for Victorian Communities Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 15 Department Head under the Public Sector Management and Employment Act 1998.". __________________ s. 17 -- 17 of 24 -- Part 4—Miscellaneous Amendments Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 16 PART 4—MISCELLANEOUS AMENDMENTS 18. New sections 57A and 57B inserted After section 57 of the Principal Act insert— "57A. Transitional provision—Secretary On and from the commencement of the Commonwealth Games Arrangements (Amendment) Act 2003, each instrument issued or made by the Secretary to the Department of Innovation, Industry and Regional Development under this Act and existing immediately before that commencement has effect and continues to have effect according to its tenor as if a reference in the instrument to the Secretary to the Department of Innovation, Industry and Regional Development were a reference to the body corporate constituted under section 25A. 57B. Savings provision—Advisory Committees Nothing in this Act, as amended by the Commonwealth Games Arrangements (Amendment) Act 2003, prevents or restricts an Advisory Committee from continuing to consider and carry out its functions in relation to any matter referred to it under section 6 or 15 before the commencement of the Commonwealth Games Arrangements (Amendment) Act 2003 (including any matter relating to the Games Village land or the Games Village project).". s. 18 -- 18 of 24 -- Part 4—Miscellaneous Amendments Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 17 19. Section 58 substituted For section 58 of the Principal Act substitute— "58. Expiry (1) Part 2, Divisions 1 and 2 of Part 3, Part 4 and Part 5 cease to apply to any project other than the Games Village project on 31 December 2006. (2) This Act expires on 31 December 2011.". 20. Statute law revision Parts 7, 8 and 9 of the Principal Act are repealed. 21. New Schedule 1 inserted At the end of the Principal Act insert— "SCHEDULES SCHEDULE 1 LAND IN RESPECT OF WHICH RESERVATIONS ARE REVOKED Item 1—Melbourne land (State School site) Situation and area of land: City of Melbourne, Parish of Jika Jika, being 8491 square metres, being Crown allotment 6, Section 99A. Instrument and date of reservation: Order in Council dated 29 November 1983. Description of land by reference to Government Gazette: Government Gazette dated 7 December 1983, page 3920. Purpose of reservation: State School purposes Extent of revocation: The entire reserve. s. 19 -- 19 of 24 -- Part 4—Miscellaneous Amendments Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 18 Item 2—Melbourne land (Hospital for Acute Mental Diseases) Situation and area of land: City of Melbourne, at Royal Park, Parish of Jika Jika, County of Bourke, being 60 acres 17 perches, less authorised excisions. Instrument and date of reservation: Order in Council dated 12 January 1932. Description of land by reference to Government Gazette: Government Gazette dated 20 January 1932, page 144. Purpose of reservation: Site for Hospital for Acute Mental Diseases. Extent of revocation: The entire reserve. Item 3—Melbourne land (Day Training Centre for Mentally Retarded Children) Situation and area of land: Parish of Jika Jika, County of Bourke, being 2 acres 15 perches more or less. Instrument and date of reservation: Order in Council dated 27 February 1973. Description of land by reference to Government Gazette: Government Gazette dated 7 March 1973, page 525. Purpose of reservation: Site for Public purposes (Day Training Centre for Mentally Retarded Children). Extent of revocation: The entire reserve. ". __________________ s. 21 -- 20 of 24 -- Part 5—Amendments of Project Development and Construction Management Act 1994 Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 19 PART 5—AMENDMENTS OF PROJECT DEVELOPMENT AND CONSTRUCTION MANAGEMENT ACT 1994 22. Definition repealed In section 3(1) of the Project Development and Construction Management Act 1994, the definition of "Secretary to the Department of State and Regional Development" is repealed. 23. New section 8A inserted After section 8 of the Project Development and Construction Management Act 1994 insert— "8A. Orders may be amended or revoked (1) The Governor in Council, on the recommendation of the Premier, by order published in the Government Gazette, may— (a) amend a nomination order or an application order; or (b) revoke a nomination order or an application order. (2) An order under sub-section (1) which amends a nomination order may substitute a facilitating agency specified in the nomination order. s. 22 See: Act No. 101/1994. Reprint No. 3 as at 1 January 2001 and amending Act No. 57/2001. LawToday: www.dms. dpc.vic. gov.au -- 21 of 24 -- Part 5—Amendments of Project Development and Construction Management Act 1994 Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 20 (3) An order under sub-section (1) may provide for any matter necessary or convenient to give effect to the order including, but not limited to, the transfer, apportionment, settlement or determination of any property, income, assets, rights, liabilities or other matters.". 24. Tabling of orders (1) In section 9(b) of the Project Development and Construction Management Act 1994 for "order—" substitute "order; and". (2) After section 9(b) of the Project Development and Construction Management Act 1994 insert— "(c) a copy of each order made under section 8A—". 25. Part 5A repealed Part 5A of the Project Development and Construction Management Act 1994 is repealed. 26. New Part 9 inserted After Part 8 of the Project Development and Construction Management Act 1994 insert— 'PART 9—TRANSITIONAL AND SAVING PROVISIONS 76. Confirmation of nomination order For the removal of doubt, the order entitled Amendment of Nomination Orders made by the Governor in Council on 5 March 2002 and published in the Government Gazette on 27 March 2002 is deemed to be and always to have been valid and effective in accordance with its terms. s. 24 -- 22 of 24 -- Part 5—Amendments of Project Development and Construction Management Act 1994 Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 21 77. Confirmation of direction For the removal of doubt, the direction given by the Minister for Major Projects to the Secretary to the Department of State and Regional Development under section 41D and dated 28 February 2002 is deemed to be and always to have been valid and effective in accordance with its terms. 78. Body corporate is dissolved On the repeal of Part 5A by the Commonwealth Games Arrangements (Amendment) Act 2003 the body corporate known as "Secretary to the Department of Innovation, Industry and Regional Development" is dissolved.'. ═══════════════ s. 26 -- 23 of 24 -- Commonwealth Games Arrangements (Amendment) Act 2003 Act No. 16/2003 22 ENDNOTES † Minister's second reading speech— Legislative Assembly: 20 March 2003 Legislative Council: 30 April 2003 The long title for the Bill for this Act was "to amend the Commonwealth Games Arrangements Act 2001 to facilitate the development of the Commonwealth Games Village and the development, re-development and use of the Games Village land after the Commonwealth Games, to make further provision for the development and use of Commonwealth Games projects, Commonwealth Games venues and Games related facilities, to establish a body corporate responsible for various matters relating to Commonwealth Games projects, to amend the Project Development and Construction Management Act 1994 and for other purposes." Endnotes -- 24 of 24 --