Melbourne City Link (Further Amendment) Act 2001

i Melbourne City Link (Further Amendment) Act 2001 Act No. 78/2001 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Definitions 2 4. Insertion of new sections 6A and 6B 2 6A. Director, Melbourne City Link 3 6B. Functions and powers of Director 3 5. Reference to licence holders inserted in section 18 4 6. New Part 2A inserted 4 PART 2A—RESERVATION OF LAND FOR THE PROJECT 4 Division 1—Land to be reserved 4 20A. Revocation of existing reservations of certain land and re-reservation of that land for the Project 4 20B. Surrender and reservation of certain land for the purposes of the Project 6 20C. Reservation of land for the purposes of the Project 7 Division 2—Management of reserved land and other matters 7 20D. Committees of management of reserved land 7 20E. Issue of licences in respect of reserved land 7 20F. Certain Acts not to apply to licensed areas 8 20G. Action by Registrar of Titles 9 7. Information to be given in relation to registration 9 8. Reference to licence holder inserted in section 94 10 9. References to licence holder and licensed area inserted in section 96 10 10. Further amendment to the Melbourne City Link Act 1995 10 __________________ -- 1 of 14 -- Section Page ii SCHEDULE—Insertion of new Schedule 8 in the Melbourne City Link Act 1995 11 ═══════════════ ENDNOTES 12 -- 2 of 14 -- 1 Melbourne City Link (Further Amendment) Act 2001 † [Assented to 27 November 2001] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Melbourne City Link Act 1995— (a) to facilitate the licensing of certain Crown land for the purposes of the Project; (b) to provide for further information provisions in relation to registered vehicles; (c) to establish the office of Director, Melbourne City Link; Victoria No. 78 of 2001 -- 3 of 14 -- Act No. 78/2001 Melbourne City Link (Further Amendment) Act 2001 2 (d) to provide for other related matters. 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 February 2003, it comes into operation on that day. 3. Definitions In section 3 of the Melbourne City Link Act 1995 insert the following definitions— ' "Director" means the person who, for the time being, holds the office of Director, Melbourne City Link, provided for in section 6A; "licence holder" means a person who is, for the time being, the holder of a licence issued under section 20E; "licensed area" means land which is the subject of a licence issued under section 20E; "reserved land" means land that, by the operation of Part 2A, is or is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project;'. 4. Insertion of new sections 6A and 6B s. 2 -- 4 of 14 -- Act No. 78/2001 Melbourne City Link (Further Amendment) Act 2001 3 After section 6 of the Melbourne City Link Act 1995 insert— "6A. Director, Melbourne City Link There shall be a Director employed under Part 3 of the Public Sector Management and Employment Act 1998, to be known as the Director, Melbourne City Link. 6B. Functions and powers of Director (1) The Director has the following functions— (a) on behalf of the Crown, to administer and manage contractual arrangements between the Crown and the Link corporation and between the Crown and the Extension corporation; (b) to make recommendations regarding those contractual arrangements to the Minister; (c) to manage the responsibilities of the Crown in relation to the completion of the construction of the Project and the Exhibition Street Extension Project; (d) to manage the responsibilities of the Crown in relation to the operation of the Project and the Exhibition Street Extension Project; (e) to make recommendations to the Minister on public safety issues relating to the Project and the Exhibition Street Extension Project; (f) to manage, on behalf of the Crown, regulatory issues arising from the -- 5 of 14 -- Act No. 78/2001 Melbourne City Link (Further Amendment) Act 2001 4 operation of the Link road and the operation of the Extension road; (g) to undertake any other function conferred on the Director by or under this or any other Act. (2) The Director has all the powers necessary to perform his or her functions. (3) The Director must comply with any directions given by the Minister, including any direction relating to the provision of information or reports concerning the exercise of the Director's powers and the performance of the Director's functions.". 5. Reference to licence holders inserted in section 18 In section 18(2)(b) of the Melbourne City Link Act 1995, after "licensee" insert "or a licence holder". 6. New Part 2A inserted After Part 2 of the Melbourne City Link Act 1995 insert— 'PART 2A—RESERVATION OF LAND FOR THE PROJECT Division 1—Land to be reserved 20A. Revocation of existing reservations of certain land and re-reservation of that land for the Project (1) On the coming into operation of section 6 of the Melbourne City Link (Further Amendment) Act 2001, the Order in Council specified in item 1 of Schedule 8 is revoked in so far as it relates to the land shown hatched on the plan numbered s. 5 -- 6 of 14 -- Act No. 78/2001 Melbourne City Link (Further Amendment) Act 2001 5 LEGL./01–111 and lodged in the Central Plan Office. (2) On the coming into operation of section 6 of the Melbourne City Link (Further Amendment) Act 2001, the Order in Council specified in item 2 of Schedule 8 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./01–113 lodged in the Central Plan Office. (3) Despite anything to the contrary in the Crown Land (Reserves) Act 1978, on the revocation of an Order in Council specified in Schedule 8 in so far as it relates to the land shown on a plan referred to in sub- section (1) or (2)— (a) the 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 is revoked in so far as it applies to the land; and (c) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land; and (d) the land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project, and the reservation may be amended, revoked s. 6 -- 7 of 14 -- Act No. 78/2001 Melbourne City Link (Further Amendment) Act 2001 6 and otherwise dealt with in accordance with that Act. 20B. Surrender and reservation of certain land for the purposes of the Project (1) On the coming into operation of section 6 of the Melbourne City Link (Further Amendment) Act 2001, the land shown hatched and cross-hatched on the plans numbered LEGL./01–112, LEGL./01–117, LEGL./01–118, LEGL./01–119, LEGL./01–120, LEGL./01–121 and LEGL./01–122 and lodged in the Central Plan Office is surrendered to the Crown. (2) On the coming into operation of section 6 of the Melbourne City Link (Further Amendment) Act 2001, the land shown hatched and cross-hatched on the plans referred to in sub-section (1)— (a) is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being in particular, the purposes of the Project, and the reservation may be amended, revoked and otherwise dealt with in accordance with that Act. (3) Despite the coming into operation of section 6 of the Melbourne City Link s. 6 -- 8 of 14 -- Act No. 78/2001 Melbourne City Link (Further Amendment) Act 2001 7 (Further Amendment) Act 2001, if any of the land shown hatched and cross-hatched on the plans referred to in sub-section (1) is— (a) a declared road (within the meaning of the Transport Act 1983), that land is deemed to continue to be such a declared road; and (b) a public highway (within the meaning of the Local Government Act 1989), that land is deemed to continue to be such a public highway. 20C. Reservation of land for the purposes of the Project Without limiting section 5 of the Crown Land (Reserves) Act 1978, land may be reserved under that section for public purposes, being, in particular, the purposes of the Project. Division 2—Management of reserved land and other matters 20D. Committees of management of reserved land The Minister administering the Crown Land (Reserves) Act 1978 must consult with the Minister administering this Act before appointing a committee of management under the Crown Land (Reserves) Act 1978 for reserved land. 20E. Issue of licences in respect of reserved land s. 6 -- 9 of 14 -- Act No. 78/2001 Melbourne City Link (Further Amendment) Act 2001 8 (1) This section applies despite anything to the contrary in the Crown Land (Reserves) Act 1978 or the Land Act 1958. (2) The Minister, after consultation with the Minister administering the Crown Land (Reserves) Act 1978— (a) may issue a licence in accordance with the Agreement— (i) to enter and use the whole or any part of reserved land, in accordance with the Agreement; (ii) to the person entitled to the issue of the licence; and (b) may impose conditions, subject to and in accordance with the Agreement, on the licence. (3) The term of a licence must be in accordance with the Agreement. (4) A licence may be amended at any time with the agreement of the licensee. (5) A licence may be— (a) terminated in whole or in part before the end of the term of the licence; or (b) renewed— in accordance with the terms of the Agreement. 20F. Certain Acts not to apply to licensed areas (1) In this section "excluded Act" means— (a) the Building Act 1993; (b) the South Melbourne Land Act 1986; s. 6 -- 10 of 14 -- Act No. 78/2001 Melbourne City Link (Further Amendment) Act 2001 9 (c) the Extractive Industries Development Act 1995; (d) the Mineral Resources Development Act 1990. (2) An excluded Act does not apply to or in relation to the whole or any part of a licensed area and anything done on that land on and from the date that the licence is issued under section 20E until the licence is terminated in respect of that land. 20G. Action by Registrar of Titles On being requested to do so and on delivery of any relevant instrument or document (but without production of a duplicate Crown grant or certificate of title), the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part.'. 7. Information to be given in relation to registration In section 73D(1) of the Melbourne City Link Act 1995— (a) in paragraph (a), after "registered" insert "or of the circumstances in which the vehicle becomes registered"; (b) for paragraph (b) substitute— "(b) the whole or that part of the licence plate number of the vehicle that is stated to the relevant corporation by that person;"; (c) for paragraph (f), substitute— s. 7 -- 11 of 14 -- Act No. 78/2001 Melbourne City Link (Further Amendment) Act 2001 10 "(f) in the case of registration in accordance with section 73C— (i) the period to which the registration applies; or (ii) if the period to which the registration applies cannot be determined at the time the information is given, information which enables the person to determine the period to which the registration applies;". 8. Reference to licence holder inserted in section 94 In section 94(1) of the Melbourne City Link Act 1995, after "a licensee" insert ", a licence holder". 9. References to licence holder and licensed area inserted in section 96 (1) In section 96(3) of the Melbourne City Link Act 1995, after "licensee" insert ", licence holder". (2) In section 96(4) of the Melbourne City Link Act 1995, after "Customer service site)" insert "and licensed areas". (3) In section 96(5) of the Melbourne City Link Act 1995, after "licensed land" insert ", licensed areas". 10. Further amendment to the Melbourne City Link Act 1995 The Melbourne City Link Act 1995 is amended as set out in the Schedule. __________________ s. 8 -- 12 of 14 -- Act No. 78/2001 Melbourne City Link (Further Amendment) Act 2001 11 SCHEDULE INSERTION OF NEW SCHEDULE 8 IN THE MELBOURNE CITY LINK ACT 1995 After Schedule 7 insert— "SCHEDULE 8 FURTHER REVOCATION OF RESERVATIONS Item 1 Situation and area of land Alexandra Park, Parish of South Melbourne, City of Melbourne, County of Bourke, 4·6 acres Instrument and date of reservation Order in Council dated 5 August 1913 Description of land by reference to the Government Gazette Government Gazette dated 13 August 1913, page 3532 Purpose of reservation Public park for the recreation and amusement of His Majesty's subjects and people Extent of revocation Land shown hatched on the plan numbered LEGL./01–111 and lodged in the Central Plan Office Item 2 Situation and area of land City of Melbourne, Parish of Melbourne North, County of Bourke, 7 acres more or less Instrument and date of reservation Order in Council dated 22 April 1936 Description of land by reference to the Government Gazette Government Gazette dated 29 April 1936, page 1052 Purpose of reservation Public purposes Extent of revocation Land shown hatched on the plan numbered LEGL./01–113 and lodged in the Central Plan Office .". ═══════════════ Sch. -- 13 of 14 -- Act No. 78/2001 Melbourne City Link (Further Amendment) Act 2001 12 ENDNOTES † Minister's second reading speech— Legislative Assembly: 18 October 2001 Legislative Council: 20 November 2001 The long title for the Bill for this Act was "to make further amendments to the Melbourne City Link Act 1995 and for other purposes." Endnotes -- 14 of 14 --