Commonwealth Games Arrangements Act 2001

i Commonwealth Games Arrangements Act 2001 Act No. 57/2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 1 3. Definitions 2 4. Act binds the Crown 3 PART 2—COMMONWEALTH GAMES ADVISORY COMMITTEES 5 5. Commonwealth Games Advisory Committees 5 6. Functions of Advisory Committees 5 7. Membership of Advisory Committees 6 8. Terms of appointment 6 9. Resignation and removal 7 10. Procedure at meetings 7 11. Public consultation 8 12. Disclosure of interests 8 13. Advisory Committee may continue work of existing committee 9 PART 3—COMMONWEALTH GAMES VENUES AND FACILITIES 10 Division 1—Orders 10 14. Declaration of Commonwealth Games venue 10 15. Declaration of Commonwealth Games project 10 16. Declaration of designated access areas 11 17. Project Orders must designate person responsible 12 18. Orders to be tabled in Parliament 12 19. Amendment and revocation of Orders 12 Division 2—Application of Laws 12 20. Planning and Environment Act 1987 12 21. Heritage Act 1995 12 22. Environment Effects Act 1978 13 23. Coastal Management Act 1995 13 -- 1 of 53 -- Section Page ii 24. Crown Land (Reserves) Act 1978 13 25. Building Act 1993 14 Division 3—Role of Secretary 14 26. Role of Secretary 14 27. Contracts and agreements 15 28. Delegation by Secretary 15 PART 4—GENERAL POWERS AND DUTIES IN RELATION TO COMMONWEALTH GAMES PROJECTS 16 Division 1—Obtaining Land for the Purposes of a Project 16 29. Grant of land to Secretary 16 30. Surrender or divesting of land of other bodies 17 31. Surrender of interests in unreserved Crown land 18 32. Acquisition by agreement 20 33. Compulsory acquisition 20 Division 2—Compensation for Surrendered or Divested Land 21 34. Right to compensation on surrender or divesting 21 Division 3—Entry into Possession of Surrendered or Divested Land 22 35. Interpretation 22 36. Power to enter into possession 22 37. Entry into possession 22 38. Recovery of rent 25 39. Proceedings where refusal to give up possession 25 40. Residential Tenancies Act 1997 not to apply 26 41. Giving of notice 26 42. Minor misdescription not to invalidate notice 27 Division 4—Disposing of Land Not Required for a Project 27 43. Secretary may surrender land to the Crown 27 44. Disposing of land 27 Division 5—Powers Relating to Roads 29 45. Temporary closure of roads 29 Division 6—Government Guarantees 29 46. Treasurer may execute guarantees in respect of project 29 Division 7—Restoration of Temporary Venues or Designated Access Areas 30 -- 2 of 53 -- Section Page iii 47. Restoration of designated access area or temporary venue 30 Division 8—Action by Registrar of Titles 32 48. Action by Registrar of Titles 32 PART 5—PROTECTION OF COMMONWEALTH GAMES PROJECT WORKS 33 49. Restricted access areas 33 50. Certificates of authorisation 33 51. Secretary may warn people to leave declared area 34 52. Offence to enter any part of restricted access area 34 53. Evidence as to area being marked off 35 54. Interference with activities 35 55. Offence not to produce certificate on demand 35 56. Power to remove offenders 36 PART 6—GENERAL 38 57. Regulations 38 58. Expiry 38 PART 7—AMENDMENT OF THE MELBOURNE CRICKET GROUND ACT 1933 39 59. New section 7DA inserted 39 7DA. New Northern Stand 39 60. New section 11A inserted 39 11A. Northern Stand development—land added to Melbourne Cricket Ground 39 61. New Sixth Schedule inserted 40 PART 8—AMENDMENT OF STATE SPORT CENTRES ACT 1994 42 62. Definition 42 63. Schedule 2 land not included 42 64. New section 26AA inserted 42 26AA. Management powers over additional Melbourne Sports and Aquatic Centre land 43 65. Amendment of Schedule heading 43 66. New Schedule 2 inserted 43 PART 9—AMENDMENT OF PROJECT DEVELOPMENT AND CONSTRUCTION MANAGEMENT ACT 1994 45 -- 3 of 53 -- Section Page iv 67. Project Development and Construction Management Act 1994 45 ═══════════════ ENDNOTES 46 INDEX 47 -- 4 of 53 -- 1 Commonwealth Games Arrangements Act 2001† [Assented to 16 October 2001] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The main purpose of this Act is to facilitate preparations for the Commonwealth Games to be held in Melbourne in 2006. 2. Commencement Victoria No. 57 of 2001 -- 5 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 2 This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Definitions (1) In this Act— "Advisory Committee" means a Commonwealth Games Advisory Committee established under Part 2; "Commonwealth Games" means the Commonwealth Games to be held principally in Melbourne in 2006; "Commonwealth Games project" means a project declared under section 15 to be a Commonwealth Games project; "Commonwealth Games venue" means an area declared under section 14 to be a Commonwealth Games venue; "designated access area" means an area declared under section 16 to be a designated access area; "designated access area Order" means an Order made under section 16; "development" has the same meaning as it has in the Planning and Environment Act 1987; "facilities" means facilities required for the hosting of the Commonwealth Games including— (a) facilities for the conduct of sporting events; (b) training facilities for competitors; (c) media centres and other communications facilities for the media; -- 6 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 3 (d) residential accommodation for competitors, officials and members of the media; (e) storage facilities for sporting, communication or other equipment; (f) catering facilities for sports venues, training facilities, media centres and residential accommodation; (g) helicopter landing facilities; (h) support services facilities; (i) facilities declared by the Minister under sub-section (2) to be facilities required for hosting the Commonwealth Games; (j) transport facilities and other infrastructure facilities associated with the facilities set out in paragraphs (a) to (i); "project Order" means an Order made under section 15; "Secretary" means the body corporate constituted under section 41A of the Project Development and Construction Management Act 1994; "venue Order" means an Order made under section 14; "works" has the same meaning as it has in the Planning and Environment Act 1987. (2) The Minister, by Order published in the Government Gazette, may declare any facilities to be facilities required for the purposes of hosting the Commonwealth Games. 4. Act binds the Crown s. 3 -- 7 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 4 This Act binds the Crown, not only in right of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. _______________ s. 4 -- 8 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 5 PART 2—COMMONWEALTH GAMES ADVISORY COMMITTEES 5. Commonwealth Games Advisory Committees The Governor in Council, on the recommendation of the Minister, may establish one or more Commonwealth Games Advisory Committees. 6. Functions of Advisory Committees (1) The functions of an Advisory Committee are— (a) to consider any matters that are referred to it by the Minister relating to— (i) the development of facilities for the Commonwealth Games; and (ii) the preparations for the Commonwealth Games; and (b) if required by the Minister, to carry out public consultation on those matters; and (c) to report to the Minister on those matters; and (d) to carry out any other functions conferred on an Advisory Committee under this Act. (2) Without limiting sub-section (1), the matters referred to in sub-section (1)(a) that the Minister may refer to an Advisory Committee include— (a) matters relating to planning, environment and heritage issues in relation to the development; (b) matters relating to— (i) the leasing and licensing of land for the purposes of the development; (ii) the acquisition of land for the purposes of the development; s. 5 -- 9 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 6 (iii) the disposal of land acquired for the purposes of the development; (iv) access to land for the purposes of the development; (v) the temporary closure of roads for the purposes of the development. (3) Subject to section 11, in carrying out its functions in relation to a matter referred to it by the Minister, an Advisory Committee may inquire into and inform itself in relation to the matter in any manner it sees fit. 7. Membership of Advisory Committees (1) An Advisory Committee consists of 3 or more members appointed by the Governor in Council on the recommendation of the Minister. (2) If an Advisory Committee is to be established to consider matters relating to the development of facilities for the Commonwealth Games, the Minister must ensure that the persons recommended to be members of the Advisory Committee include persons with expertise in planning, environment or heritage matters, as appropriate. (3) The Governor in Council must appoint one of the members of an Advisory Committee to be chairperson of the committee. 8. Terms of appointment (1) A member of an Advisory Committee holds office for the term, not exceeding 3 years, specified in the instrument of appointment. (2) A member of an Advisory Committee is eligible for re-appointment. s. 7 -- 10 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 7 (3) A member of an Advisory Committee is appointed on the terms and conditions specified in the instrument of appointment. (4) A member of an Advisory Committee, other than a member who is an employee of the public service, is entitled to receive the fees and allowances from time to time fixed by the Governor in Council in respect of that member. (5) A member of an Advisory Committee, in respect of the office of member, is not subject to the Public Sector Management and Employment Act 1998. 9. Resignation and removal (1) A member of an Advisory Committee may resign as a member of the committee by letter signed by the member and delivered to the Minister. (2) The Governor in Council may at any time remove a member of an Advisory Committee from office. 10. Procedure at meetings (1) The chairperson of an Advisory Committee must preside at a meeting of the committee at which he or she is present. (2) If the chairperson is absent from a meeting of an Advisory Committee, a person elected by the members present must preside at the meeting. (3) A quorum of an Advisory Committee consists of a majority of the members of the Advisory Committee for the time being. (4) At a meeting of an Advisory Committee, a decision of the committee is a decision of the majority of the members present and voting at the meeting and, if voting is equal, the person presiding at the meeting has a second or casting vote. s. 9 -- 11 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 8 (5) Subject to this Act, an Advisory Committee may regulate its own proceedings. 11. Public consultation (1) If required by the Minister, an Advisory Committee must undertake public consultation in accordance with this section in relation to a matter referred to it by the Minister under section 6. (2) In carrying out public consultation for the purposes of sub-section (1), the Advisory Committee must publish a public notice in a newspaper circulating generally in Victoria calling for representations on the matters referred to it. (3) A public notice must specify a time period, being not less than 21 days after the publication of the notice, within which representations may be made to the Advisory Committee in relation to a matter. (4) An Advisory Committee must consider all representations received by it within the period specified in the notice. (5) An Advisory Committee may consider, but is not required to consider, any late representations made to it. 12. Disclosure of interests (1) A member of an Advisory Committee who has a direct or indirect pecuniary interest in a matter being considered or proposed to be considered by the Advisory Committee must, as soon as practicable after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Advisory Committee. (2) A disclosure made under sub-section (1) must be recorded in the minutes of the meeting at which it is made. s. 11 -- 12 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 9 (3) A person who makes a disclosure under sub- section (1) must not— (a) take any further part in any consideration or discussion of the matter; or (b) take part in any vote on the matter; or (c) be counted for the purposes of a quorum. 13. Advisory Committee may continue work of existing committee (1) If a matter of the kind referred to in section 6(1)(a) was being considered by a committee established by the Minister before the commencement of that section, the Minister may refer that matter to an Advisory Committee. (2) If the Minister refers a matter to an Advisory Committee in accordance with sub-section (1)— (a) the Advisory Committee may continue and complete the work of the other committee; and (b) the Advisory Committee may have regard to anything done or any information or evidence received or any decision made by the other committee in considering the matter; and (c) the other committee must cease to consider the matter. _______________ s. 13 -- 13 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 10 PART 3—COMMONWEALTH GAMES VENUES AND FACILITIES Division 1—Orders 14. Declaration of Commonwealth Games venue (1) The Minister, by Order published in the Government Gazette, may declare an area of land to be a Commonwealth Games venue. (2) A venue Order may designate a Commonwealth Games venue as a permanent venue or a temporary venue. (3) Without limiting the use of any other means to describe land, a venue Order may describe land by reference to a plan of survey attached to the Order or lodged in the Central Plan Office established under the Survey Co-ordination Act 1958. 15. Declaration of Commonwealth Games project (1) The Minister, by Order published in the Government Gazette, may— (a) declare to be a Commonwealth Games project— (i) a project to develop facilities at a Commonwealth Games venue; or (ii) a project to develop facilities for the purposes of the Commonwealth Games; and (b) authorise the development of that project. (2) Before making a project Order, the Minister— (a) may refer the matter to an Advisory Committee for consideration and report; and s. 14 -- 14 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 11 (b) must give full consideration to the recommendations of the Advisory Committee, if a matter is referred to it. (3) If the Minister refers a matter to an Advisory Committee under sub-section (2), the Minister must not make a project Order unless the Minister is satisfied that the Advisory Committee has carried out any required public consultation on the proposed facility in accordance with section 11. (4) In its report, an Advisory Committee may make any recommendations it thinks fit concerning the proposed facility. (5) An Advisory Committee must report to the Minister within the time specified by the Minister. (6) If the Minister refers a matter to an Advisory Committee under sub-section (2), the Minister may make a project Order without the report of the Advisory Committee if the Minister does not receive a report from the Advisory Committee within the specified time. (7) The Minister is not bound by a report of an Advisory Committee in making a project Order. 16. Declaration of designated access areas (1) Subject to sub-section (2), the Minister, by Order published in the Government Gazette, may declare an area adjacent to a Commonwealth Games venue to be a designated access area for the purposes of this Act. (2) If a proposed designated access area or any part of a proposed designated access area is land which is reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978, the Minister must consult with the Minister administering the Crown Land (Reserves) Act 1978 before making s. 16 -- 15 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 12 a designated access area Order in respect of that land. 17. Project Orders must designate person responsible A project Order must state the name or position of the person or body responsible for the Commonwealth Games project to which that Order applies. 18. Orders to be tabled in Parliament The Minister must cause an Order made under this Division to be laid before each House of Parliament within 7 sitting days of that House after the Order is published in the Government Gazette. 19. Amendment and revocation of Orders (1) The Minister, by Order published in the Government Gazette, may amend or revoke an Order made under this Division. (2) This Division applies to the amendment or revocation of an Order made under this Division in the same way as it does to the making of an Order. Division 2—Application of Laws 20. Planning and Environment Act 1987 Nothing in the Planning and Environment Act 1987 or in any planning scheme applies to the development or use of a Commonwealth Games venue or designated access area for the purposes of a Commonwealth Games project. 21. Heritage Act 1995 Despite anything to the contrary in the Heritage Act 1995, a permit or consent is not required under that Act for the development or use of a s. 17 -- 16 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 13 Commonwealth Games venue or designated access area for the purposes of a Commonwealth Games project. 22. Environment Effects Act 1978 The Environment Effects Act 1978 does not apply to any works carried out in a Commonwealth Games venue or designated access area for the purposes of a Commonwealth Games project. 23. Coastal Management Act 1995 Despite anything to the contrary in the Coastal Management Act 1995, a consent is not required under that Act for the development or use of a Commonwealth Games venue or designated access area for the purposes of a Commonwealth Games project. 24. Crown Land (Reserves) Act 1978 Despite anything to the contrary in the Land Act 1958, any Crown grant, the Crown Land (Reserves) Act 1978, any reservation under that Act or any regulations made under that Act, land in a designated access area may be entered and used for any of the following purposes— (a) access to a Commonwealth Games venue; (b) the carrying out of works at a Commonwealth Games venue for the purposes of a Commonwealth Games project; (c) the storage of goods, vehicles and equipment for the purposes of those works; (d) the maintenance and repair of those works. s. 22 -- 17 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 14 25. Building Act 1993 (1) Despite anything to the contrary in the Building Act 1993, the Minister administering that Act, by Order published in the Government Gazette, may declare that the administration and enforcement, in relation to all or part of a Commonwealth Games project, of any of the provisions of that Act and the regulations made under that Act is to be carried out— (a) by the Secretary or any other person or body specified in the Order; and (b) in accordance with the terms and conditions of the Order. (2) The Building Act 1993 and the regulations under that Act apply for the purposes of this section as if any reference to a council or a relevant building surveyor or a municipal building surveyor were a reference to the Secretary or the relevant person or body specified in an Order under this section. Division 3—Role of Secretary 26. Role of Secretary (1) A project Order may specify that the Secretary is to be responsible for managing or developing the Commonwealth Games project to which the project Order applies. (2) If a project Order specifies that the Secretary is to be responsible for managing or developing a Commonwealth Games project, the Secretary— (a) has the function of managing or developing the Commonwealth Games project; and (b) has all the powers necessary to perform that function. s. 25 -- 18 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 15 27. Contracts and agreements The Secretary may enter into contracts and agreements and other arrangements with any person for the purposes of the management or development of a Commonwealth Games project. 28. Delegation by Secretary The Secretary may in writing delegate any of the powers conferred on the Secretary under this Act or the regulations, other than this power of delegation, to any of the following— (a) an employee or class of employees of the Department of State and Regional Development; or (b) an employee or class of employees of the Department of Infrastructure; or (c) a body corporate established under an Act for a public purpose. _______________ s. 27 -- 19 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 16 PART 4—GENERAL POWERS AND DUTIES IN RELATION TO COMMONWEALTH GAMES PROJECTS Division 1—Obtaining Land for the Purposes of a Project 29. Grant of land to Secretary (1) The Governor in Council, on behalf of the Crown, may grant to the Secretary for the purposes of a Commonwealth Games project for an estate in fee simple— (a) land divested or surrendered under section 30 or 31; or (b) any other unalienated land of the Crown that is not reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978. (2) A grant of land— (a) under sub-section (1)(a) must be made on the recommendation of the Minister; (b) under sub-section (1)(b) must be made on the joint recommendation of the Minister administering Part IX of the Land Act 1958 and the Minister administering the Crown Land (Reserves) Act 1978. (3) The Governor in Council, as a condition of granting land to the Secretary, may require the Secretary to agree to pay into the Consolidated Fund or, if the land was surrendered by or divested from a public body, to that body, an amount or amounts at the times or over the period determined by the Governor in Council. (4) A condition under sub-section (3) may only be imposed on the joint recommendation of— s. 29 -- 20 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 17 (a) the Minister and the Minister responsible for the public body, in the case of land surrendered by or divested from a public body; or (b) the Minister and the Minister administering Part IX of the Land Act 1958 and the Minister administering the Crown Land (Reserves) Act 1978, in any other case. (5) The grant— (a) if it is of land covered with waters of the sea, must be to a depth not greater than 60 metres below high water mark; and (b) if it is for other land, must be to a depth not greater than 60 metres below the surface of the land; and (c) may contain any other terms, covenants, conditions or limitations that the Governor in Council determines. (6) Land may be granted to the Secretary with or without consideration being given by the Secretary. (7) Sections 339A and 339B of the Land Act 1958 apply to a grant of land under this section as if it were a grant of land in fee simple under that Act. 30. Surrender or divesting of land of other bodies (1) The Governor in Council, by Order published in the Government Gazette, may— (a) require a public body in which land is vested to surrender it to the Crown; or (b) divest land from a public body— for the purposes of a Commonwealth Games project. s. 30 -- 21 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 18 (2) Sub-section (1) does not apply to land which is reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978. (3) A public body must comply with a requirement under sub-section (1)(a). (4) On— (a) the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of land that a public body is required to surrender under sub- section (1)(a); or (b) the publication in the Government Gazette of an Order under sub-section (1)(b)— the land concerned is deemed to be unalienated land of the Crown and is freed and discharged from all limitations. (5) A power may only be exercised under sub-section (1) on the joint recommendation of the Minister and the Minister administering the Act under which the public body is established. 31. Surrender of interests in unreserved Crown land (1) The Minister may recommend to the Governor in Council that— (a) the interests (if any) in any Crown land; and (b) the prescribed contractual rights (if any) relating to any Crown land— which is part of a Commonwealth Games venue be surrendered to the Crown or extinguished. (2) The Minister may make a recommendation under sub-section (1) on— (a) receiving a plan of the land signed by the Surveyor-General; and s. 31 -- 22 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 19 (b) being satisfied that the land shown on the plan represents land— (i) the interests (if any) in which are to be surrendered to the Crown; and (ii) in relation to which prescribed contractual rights (if any) are to be extinguished. (3) This section does not apply to land which is reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978. (4) On receiving the Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may declare that— (a) the interests (if any) in the land shown on the plan are surrendered to the Crown; and (b) the prescribed contractual rights (if any) in relation to the land shown on the plan are extinguished. (5) On publication of an Order under sub-section (4) in the Government Gazette— (a) the land is deemed to be unalienated land of the Crown, freed and discharged from all limitations; and (b) all prescribed contractual rights (if any) relating to the land are extinguished; and (c) if any part of the land is or is being used as a road, that part of the land ceases to be a road and all rights, easements and privileges existing or claimed in it either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and s. 31 -- 23 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 20 (d) if any part of the land is the bed, soil and banks of a river, all rights easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease. (6) Sub-section (5) has effect despite anything to the contrary in section 175A of the Water Industry Act 1994 or any other Act. (7) In this section "prescribed contractual right" means a right (other than an interest in land) created under an agreement in writing entered into between a public body and another person (not being the Crown). 32. Acquisition by agreement (1) For the purposes of a Commonwealth Games project, the Secretary, on behalf of the Crown, may acquire by agreement an interest in land on any terms (including consideration) that the Secretary considers appropriate. (2) Any interest in land acquired by the Secretary under this section vests in the Crown and is deemed to be unalienated land of the Crown. 33. Compulsory acquisition (1) For the purposes of a Commonwealth Games project, the Secretary, on behalf of the Crown, may acquire an interest in land by compulsory process. (2) The Land Acquisition and Compensation Act 1986 applies to sub-section (1) and for that purpose— s. 32 -- 24 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 21 (a) sub-section (1) is the special Act; and (b) the Secretary is the Authority. (3) Any interest in land acquired by the Secretary under this section— (a) vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that section; and (b) is deemed to be unalienated land of the Crown. Division 2—Compensation for Surrendered or Divested Land 34. Right to compensation on surrender or divesting (1) Subject to this Act and the Land Acquisition and Compensation Act 1986, every person (other than a public body) who immediately before the publication of an Order under section 30 or 31 had a legal or equitable estate or interest in land to which the Order applies has a claim for compensation. (2) Subject to this Act and the Land Acquisition and Compensation Act 1986, every person (other than a public body) who immediately before the publication of an Order under section 31 had a prescribed contractual right (within the meaning of that section) in relation to land to which the Order applies, has a claim for compensation. (3) The Land Acquisition and Compensation Act 1986 (except sections 31 to 36) applies to the determination of compensation payable under this section as if the publication of the Order were a notice of acquisition of that estate or interest or right and the Minister had acquired that estate or interest or right on behalf of the Crown. s. 34 -- 25 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 22 Division 3—Entry into Possession of Surrendered or Divested Land 35. Interpretation In this Division— "surrender date" in relation to land means the date of publication of an Order under section 30 or 31 in relation to that land; "surrendered land" means land which on the publication of an Order under section 30 or 31 is deemed to be unalienated land of the Crown. 36. Power to enter into possession Subject to this Division, the Minister may enter into possession of surrendered land. 37. Entry into possession (1) The Minister must diligently endeavour to obtain agreement with the occupier of surrendered land as to the terms on which the Minister will enter into possession of the land. (2) Subject to this Division, if surrendered land or part of surrendered land is used, at the surrender date, by a person as the principal place of residence or business of that person, the Minister must not enter into possession of— (a) the part of the land so used; or (b) if the whole of the land is so used, that land— before the end of 3 months after the surrender date and unless the Minister has given 7 days' notice in writing of his or her intention to enter into possession to the person in occupation of the land. s. 35 -- 26 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 23 (3) A person referred to in sub-section (2) is not liable for the payment of rent in respect of the occupation by that person of that part of the surrendered land which is used as the principal place of residence or business of that person during the period specified in that sub-section. (4) Sub-section (2) does not apply if— (a) the Governor in Council, on the recommendation of the Minister, by Order certifies that having regard to— (i) the urgency of the case or any other exceptional circumstances; and (ii) the public interest— it is not practicable for the Minister to delay entry into possession of the surrendered land until after the end of the period referred to in sub-section (2); or (b) the Minister and the person in occupation of the surrendered land have entered into an agreement in relation to the time of entry into possession of the surrendered land by the Minister. (5) If, at the surrender date, surrendered land is not used by any person as the principal place of residence or business of that person, the Minister may enter into possession of the land at any time after the surrender date after giving 7 days' notice in writing of his or her intention to enter into possession to the person in occupation of the land. (6) The period of occupation of the surrendered land after the surrender date (including the period referred to in sub-section (2)) may be extended by agreement in writing between the Minister and the person in occupation of the surrendered land. s. 37 -- 27 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 24 (7) An agreement under sub-section (6) must provide for the payment of rent by the person in occupation of the relevant land to the Crown. (8) If a person continues to occupy surrendered land after the period referred to in sub-section (2) or the surrender date (as the case may be) and an agreement has not been entered into under sub- section (6) in respect of that occupation, that person is to be taken to be in possession of the land in pursuance of a tenancy determinable at will by the Minister and is liable to pay to the Crown a fair market rent in respect of that continued occupation. (9) If a person referred to in sub-section (2) ceases of the person's own accord to occupy the surrendered land before the end of the period referred to in that sub-section, the entitlement of that person under this Division to occupy the land without payment of rent to the Crown also ceases. (10) An Order under sub-section (4)(a) must specify the date on which the Minister is to take possession. (11) The Minister must give a copy of the Order under sub-section (4)(a) to the person in occupation of the land. (12) The person whose period of occupation of the surrendered land was abridged under sub-section (4)(a) is entitled to claim compensation under Division 2 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— s. 37 -- 28 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 25 (a) the person who is entitled to claim the compensation; or (b) the constituted attorney of that person. 38. Recovery of rent Any rent payable to the Crown under section 37 may be recovered as a debt due to the Crown in any court of competent jurisdiction. 39. Proceedings where refusal to give up possession (1) If the Minister is entitled under this Division to enter into possession of surrendered land and the occupier of the land or any other person— (a) refuses to give up the possession of the land; or (b) hinders the Minister from entering on and taking possession of the land— the Minister may issue his or her warrant under this section to the sheriff. (2) A warrant issued under this section authorises the sheriff to— (a) enter onto the land specified in the warrant; and (b) deliver possession of the land to the Minister 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 Minister or the person appointed in the warrant to receive possession of the land. s. 38 -- 29 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 26 (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 Minister 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 Minister, a magistrate must issue a warrant for the purposes of sub-section (6). (8) In this section, "sheriff" means the sheriff or a deputy sheriff under the Supreme Court Act 1986. 40. Residential Tenancies Act 1997 not to apply Nothing in the Residential Tenancies Act 1997 applies to or in relation to any matter provided for or any proceedings under this Division. 41. Giving of notice If the whereabouts of a person to whom the Minister is required to give a notice or document is not known to the Minister, the notice or document may be given— (a) by publication of a copy of it in a newspaper circulating generally throughout the State; and (b) by affixing it in a prominent place on the land to which it relates. s. 40 -- 30 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 27 42. 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. Division 4—Disposing of Land Not Required for a Project 43. Secretary may surrender land to the Crown The Secretary is an authority for the purposes of section 22A of the Land Act 1958. 44. Disposing of land (1) For the purposes of a Commonwealth Games project, the Secretary may— (a) grant a lease, licence, easement or privilege over land vested in the Secretary or registered in the Secretary's name which was acquired under this Act; or (b) sell or dispose of the Secretary's interest in fee simple in any land which was acquired under this Act— on any terms (including consideration) that the Secretary considers appropriate. (2) On disposing of the whole of an interest in any land which was acquired under this Act to another person, the Secretary may enter into an agreement with the person concerning the use or development of the land. (3) For the purposes of a Commonwealth Games project, the Minister, may— (a) grant a lease, licence, easement or privilege over Crown land; or s. 42 -- 31 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 28 (b) recommend to the Governor in Council the grant, sale or disposition of Crown land— on any terms (including consideration) that the Minister considers appropriate. (4) The Minister must consult with the Minister administering Part IX of the Land Act 1958 and the Minister administering the Crown Land (Reserves) Act 1978 before exercising any power under sub-section (3). (5) Sub-section (3) does not apply to land which is reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978. (6) The Governor in Council may grant, sell or dispose of Crown land to any person in accordance with the recommendation of the Minister under this section. (7) Land may be sold or disposed of to a person under sub-section (6) on condition that the person enter into an agreement with the Minister concerning the use or development of the land. (8) Division 2 of Part 9 of the Planning and Environment Act 1987 applies to an agreement under sub-section (2) or (7) as if— (a) it was an agreement under that Division; and (b) it referred to the Minister or the Secretary (as the case requires) instead of the responsible authority for the planning scheme; and (c) section 174(2)(c) were omitted; and (d) sections 177(2), 178 and 179(1) referred to the Minister or the Secretary (as the case requires) instead of the Minister. (9) This section applies despite anything to the contrary in the Land Act 1958. s. 44 -- 32 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 29 Division 5—Powers Relating to Roads 45. Temporary closure of roads (1) Subject to sub-section (2), for the purpose of a Commonwealth Games project, the Minister may temporarily close a road to traffic if the Minister considers it necessary to do so so that works on the road or neighbouring land can be carried out. (2) The Minister must not temporarily close a road under sub-section (1) unless the Minister has consulted— (a) with the Minister administering the Transport Act 1983; and (b) if the road is a road to which Division 2 of Part 9 of the Local Government Act 1989 applies, with the Minister administering that Act. Division 6—Government Guarantees 46. Treasurer may execute guarantees in respect of project (1) The Treasurer, on such terms and conditions as the Treasurer thinks fit, may— (a) execute a guarantee in favour of a person or body in respect of the performance of any obligation by a person or body under an agreement or contract relating to a Commonwealth Games project; or (b) execute an indemnity or covenant in favour of a person or body in respect of any expense, loss, damage, cost or liability incurred or that may be incurred by that person or body under or in respect of an agreement or contract relating to a Commonwealth Games project. s. 45 -- 33 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 30 (2) The Treasurer must not execute a guarantee, indemnity or covenant under sub-section (1) unless he or she has first obtained the written consent of— (a) in the case of a guarantee, indemnity or covenant relating to the obligations of the Crown under an agreement or contract, each Minister who is a party to the agreement or contract; or (b) in any other case— (i) any public body which is a party to the agreement or contract in relation to which the guarantee, indemnity or covenant is to be given; and (ii) the Minister administering the Act by or under which that public body is constituted. (3) Section 30 of the Borrowing and Investment Powers Act 1987 applies to a guarantee, indemnity or covenant under sub-section (1) as if it were a guarantee, indemnity or covenant under Part 5 of that Act. Division 7—Restoration of Temporary Venues or Designated Access Areas 47. Restoration of designated access area or temporary venue (1) If a project Order has been made in respect of a Commonwealth Games project— (a) at a temporary Commonwealth Games venue; or (b) at a Commonwealth Games venue in respect of which a designated access area Order has been made— s. 47 -- 34 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 31 then as soon as practicable after the revocation of— (c) the venue Order declaring the area to be a temporary Commonwealth Games venue; or (d) the designated access area Order— the responsible person must cause the temporary venue or the designated access area (as the case requires) to be restored to the required condition. (2) For the purposes of sub-section (1), the required condition— (a) in relation to Crown land, is the condition determined jointly by the Minister, the Minister administering Part IX of the Land Act 1958 and the Minister administering the Crown Land (Reserves) Act 1978 before the making of the relevant project Order; and (b) in the case of any other land, is a condition reasonably comparable to its condition immediately before it became a temporary venue or a designated access area. (3) If the responsible person fails to comply with sub- section (1), the Minister may, by written direction, require that person to restore the land to the condition that the Minister requires. (4) If the responsible person fails to comply with a written direction under sub-section (3), the Minister— (a) may cause the land to be restored to the condition that the Minister requires; and (b) may recover the costs involved from the responsible person as a debt due to the Crown in any court of competent jurisdiction. s. 47 -- 35 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 32 (5) The Minister must consult with the Minister administering Part IX of the Land Act 1958 and the Minister administering the Crown Land (Reserves) Act 1978 before giving a direction under sub-section (3) or causing the land to be restored under sub-section (4) in relation to Crown land. (6) In this section, "responsible person" in relation to a project Order means the person or body nominated in the project Order in accordance with section 17 as the person or body responsible for the Commonwealth Games project to which the project Order applies. Division 8—Action by Registrar of Titles 48. 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. _______________ s. 48 -- 36 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 33 PART 5—PROTECTION OF COMMONWEALTH GAMES PROJECT WORKS 49. Restricted access areas The Secretary may mark off or cause to be marked off as a restricted access area— (a) any part of a Commonwealth Games venue; or (b) any part of a designated access area— by— (c) the use of fencing, barriers or other permanent or temporary means of physical demarcation; and (d) erecting signs or causing signs to be erected on or in close proximity to the area stating that the area is a restricted access area. 50. Certificates of authorisation (1) The Secretary may issue a certificate in writing authorising the holder to enter and remain on any part of a restricted access area to any of the following— (a) an employee of the Crown or any public authority; (b) any other person requiring entry to the area for the purposes of a Commonwealth Games project. (2) A certificate under sub-section (1)— (a) is issued for the period specified in the certificate; and (b) is subject to the conditions specified in the certificate; and s. 49 -- 37 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 34 (c) may be amended or revoked at any time by the Secretary. 51. Secretary may warn people to leave declared area (1) The Secretary may warn any person (other than the owner of the land or a person authorised in writing by the owner) to leave any part of— (a) a Commonwealth Games venue; or (b) a designated access area. (2) For the purposes of section 9(1) of the Summary Offences Act 1966, the Secretary is deemed to be the occupier of the land concerned in exercising a power under sub-section (1). 52. Offence to enter any part of restricted access area (1) A person must not enter into or remain in any part of a restricted access area unless the person— (a) has a certificate of authorisation issued under section 50; or (b) is— (i) a member of the police force; or (ii) an employee in the public service within the meaning of the Public Sector Management and Employment Act 1998; or (iii) an officer or employee of a public body— acting in the performance of his or her duties; or (c) is the owner of that land or a person authorised in writing by the owner. Penalty: 10 penalty units. (2) It is a defence to a charge brought under sub- section (1) against a person to prove that the s. 51 -- 38 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 35 person had a reasonable excuse for entering into or remaining in the area. 53. Evidence as to area being marked off In any proceedings under this Act, a certificate, signed by the Secretary, certifying that an area was a restricted access area is evidence of the facts stated in the certificate. 54. Interference with activities (1) A person must not in any way intentionally— (a) interfere with or hinder; or (b) cause any other person to interfere with or hinder— the carrying out of any works at a Commonwealth Games venue or in a designated access area for the purposes of a Commonwealth Games project. Penalty: 10 penalty units. (2) A person must not in any way intentionally— (a) interfere with or hinder; or (b) cause any other person to interfere with or hinder— the entry into a restricted access area by a person authorised under section 50 to do so. Penalty: 10 penalty units. 55. Offence not to produce certificate on demand A person who is in a restricted access area, when asked to do so by a member of the police force, must— (a) produce a certificate of authorisation issued under section 50; or (b) give his or her name and address. Penalty: 5 penalty units. s. 53 -- 39 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 36 56. Power to remove offenders (1) If a member of the police force believes, on reasonable grounds, that— (a) an assembly is being carried on in any part of— (i) a Commonwealth Games venue; or (ii) a designated access area; and (b) the assembly is being carried on in a manner involving unlawful physical violence to persons or unlawful damage to property; and (c) because of the number of persons involved in the assembly, it is not practicable to preserve or restore public order by arresting a person or persons involved in the assembly who is, or who are, committing an offence involving unlawful physical violence to persons or unlawful damage to property— the member of the police force may remove that person or those persons from the Commonwealth Games venue or the designated access area (as the case requires). (2) A member of the police force may, in order to remove a person from an area, use such force as is reasonable in the circumstances. (3) Nothing in this section limits any powers of arrest that a member of the police force has under any other law. (4) Any action taken under this section does not prevent the institution of proceedings in respect of an offence. _______________ s. 56 s. 56 -- 40 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 37 -- 41 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 38 PART 6—GENERAL 57. Regulations The Governor in Council may make regulations for or with respect to any matter or thing that is required or permitted by this Act to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. 58. Expiry This Act expires on 31 December 2006. _______________ s. 57 -- 42 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 39 PART 7—AMENDMENT OF THE MELBOURNE CRICKET GROUND ACT 1933 59. New section 7DA inserted After section 7D of the Melbourne Cricket Ground Act 1933 insert— "7DA. New Northern Stand Nothing in the Planning and Environment Act 1987 or in any planning scheme applies to the development or use of a new Northern Stand on the Ground.". 60. New section 11A inserted After section 11 of the Melbourne Cricket Ground Act 1933 insert— "11A. Northern Stand development—land added to Melbourne Cricket Ground (1) This section applies despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any other Act or law. (2) The Minister, on receiving a plan of survey of the land or any part of the land shown hatched on the plan in the Sixth Schedule signed by the Surveyor-General, and after consultation with the Minister administering the Crown Land (Reserves) Act 1978, may recommend to the Governor in Council that the Order in Council and Crown grant referred to in sub-section (3) be revoked to the extent that they apply to the land shown in the plan of survey. (3) The Governor in Council, on the recommendation of the Minister relating to a plan of survey under sub-section (2), may, See: Act No. 4149. LawToday: www.dms. dpc.vic. gov.au s. 59 -- 43 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 40 by Order published in the Government Gazette, revoke— (a) the Order in Council dated 9 June 1873; and (b) Crown grant Volume 600, Folio 119902— to the extent to which they apply to the land shown in the plan of survey. (4) An Order under sub-section (3) must include a copy of the plan of survey of the land to which the Order applies. (5) On the publication of an Order under sub- section (3), the land shown in the plan of survey— (a) is deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 as a site for the Melbourne Cricket Ground; and (b) is deemed to be included in and form part of the land reserved under the Order in Council dated 20 February 1934 and referred to in Crown grant Volume 5925, Folio 1184828. (6) The Registrar of Titles is authorised and directed to make any entries in the Register that are necessary to give effect to sub- sections (3) and (5).". 61. New Sixth Schedule inserted After the Fifth Schedule to the Melbourne Cricket Ground Act 1933 insert— s. 61 -- 44 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 41 "SIXTH SCHEDULE NORTHERN STAND LAND ". _______________ s. 61 -- 45 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 42 PART 8—AMENDMENT OF STATE SPORT CENTRES ACT 1994 62. Definition In section 3 of the State Sport Centres Act 1994, for the definition of "Melbourne Sports and Aquatic Centre land" substitute— ' "Melbourne Sports and Aquatic Centre land" means— (a) the land shown delineated on the plan in Schedule 1 being the land more particularly described in certified plan number 118242 lodged in the Central Plan Office of the Department of Natural Resources and Environment; and (b) the land shown hatched on the plan in Schedule 2, being the land temporarily reserved under the Crown Land (Reserves) Act 1978 by Order in Council dated 17 July 2001 published in the Government Gazette on 19 July 2001 at page 1688;'. 63. Schedule 2 land not included In section 24(3)(b) of the State Sport Centres Act 1994, after "Centre land" insert ", other than the land shown hatched on the plan in Schedule 2". 64. New section 26AA inserted After section 26 of the State Sport Centres Act 1994 insert— See: Act No. 117/1994. Reprint No. 1 as at 12 March 1998 and amending Act Nos 46/1998, 60/1999 and 11/2001. LawToday: www.dms. dpc.vic. gov.au s. 62 -- 46 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 43 "26AA. Management powers over additional Melbourne Sports and Aquatic Centre land If the Trust is appointed as a committee of management under the Crown Land (Reserves) Act 1978 over the land shown hatched on the plan in Schedule 2 then— (a) despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any regulations made under that Act, the Trust may exercise its powers and functions under this Act in relation to that land; and (b) to the extent that there is any inconsistency between the powers and functions of the Trust under this Act and the Crown Land (Reserves) Act 1978 or any regulations made under that Act, this Act prevails.". 65. Amendment of Schedule heading In the Schedule to the State Sport Centres Act 1994 for "SCHEDULE" substitute "SCHEDULE 1". 66. New Schedule 2 inserted After the Schedule to the State Sport Centres Act 1994 insert— s. 65 -- 47 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 44 "SCHEDULE 2 ADDITIONAL MELBOURNE SPORTS AND AQUATIC CENTRE LAND ". _______________ s. 66 -- 48 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 45 PART 9—AMENDMENT OF PROJECT DEVELOPMENT AND CONSTRUCTION MANAGEMENT ACT 1994 67. Project Development and Construction Management Act 1994 (1) In section 41B(1) of the Project Development and Construction Management Act 1994 for paragraph (c) substitute— "(c) any functions conferred on the Secretary under Part 3; (d) any functions conferred on the Secretary under the Commonwealth Games Arrangements Act 2001.". (2) After section 41C(2) of the Project Development and Construction Management Act 1994 insert— "(2A) In addition to the powers referred to in sub- section (1), the Secretary to the Department of State and Regional Development has any powers conferred under the Commonwealth Games Arrangements Act 2001 to perform the functions conferred on the Secretary under that Act.". ═══════════════ See: Act No. 101/1994. Reprint No. 3 as at 1 January 2001. LawToday: www.dms. dpc.vic. gov.au s. 67 -- 49 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 46 ENDNOTES † Minister's second reading speech— Legislative Assembly: 23 August 2001 Legislative Council: 27 September 2001 The long title for the Bill for this Act was "to facilitate preparations for the Commonwealth Games to be held in Melbourne in 2006, to amend the Melbourne Cricket Ground Act 1933, the State Sport Centres Act 1994 and the Project Development and Construction Management Act 1994 and for other purposes." Endnotes -- 50 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 47 INDEX Subject Section Actamendments to other Acts 59–67 commencement 2 Crown bound by 4 expiry 58 purpose 1 Commonwealth Games (def.) 3 Commonwealth Games Advisory Committees continuance of work of existing committees 13 disclosure of interests of members 12 establishment 5 functions 6 membership 7 procedure at meetings 10 public consultation 11, 15 referral of matters by Minister to 6, 11, 13, 15 resignation and removal of members 9 terms of appointment 8 Commonwealth Games projects application of other Acts to 20–25 definition 3 guarantees, indemnities and covenants 46 Orders 3, 15, 17, 26 responsible person or body 17, 26, 47 Secretary's role 26–28 See also Commonwealth Games venues; Designated access areas; Land Commonwealth Games venues definition 3 interference with works at 54 Orders 3, 14 removal of offenders from 56 restoration to required condition 47 restricted access areas 49–50, 52–56 warnings to leave 51 Compensation 34, 37 Definitions 3, 31, 35, 39 Designated access areas definition 3 interference with works in 54 Orders 3, 16 removal of offenders from 56 restoration to required condition 47 restricted access areas 49–50, 52–56 warnings to leave 51 -- 51 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 48 Subject Section Facilities (definition and declarations) 3 See also Commonwealth Games projects Land acquisition by agreement 32 amendments to Titles Register 48 compensation 34, 37 compulsory acquisition 33 disposing of 44 divesting of 30 entry into possession definitions 35 giving of notice 41 Minister's powers and duties 36–37, 39 minor misdescriptions 42 occupier's rights and duties 37 recovery of rent due to Crown 38 refusal to give up possession 39 Residential Tenancies Act 1997 not to apply 40 terms of 37 grants of 29 interests in Crown land 31 prescribed contractual rights 31 surrender by public bodies 30 surrender by Secretary 43 Minister powers and duties regarding Advisory Committees 5, 7 declaration of facilities 3 entry into possession 36–37, 39 land 29, 30, 31, 44 Orders 14–19 referral of matters to Advisory Committees 6, 11, 13, 15 restoration of land to required condition 47 road closures 45 Offences 52, 54–56 Orders amendment and revocation 19 regarding administration of Building Act 1993 25 designated access areas 16 land 30, 31, 37 projects 15, 17, 26 venues 14 tabling in Parliament 18 Police powers 52, 55–56 Projects See Commonwealth Games projects Regulations 57 -- 52 of 53 -- Act No. 57/2001 Commonwealth Games Arrangements Act 2001 49 Subject Section Restricted access areas certificates of authorisation 50, 52, 55 evidence 53 marking off 49 offences 52, 54–56 Road closures 31, 45 Secretary definition 3 powers and duties regarding administration of Building Act 1993 25 certificates of authorisation 50 land 29, 32–33, 43–44 project management and development 26–28 restricted access areas 49–50, 53 warnings to leave declared areas 51 Venues See Commonwealth Games venues Warrants 39 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– -- 53 of 53 --