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The main purpose of this Act is to establish Development Victoria for the following purposes—
to carry out, manage or co-ordinate the carrying out of property development and social and economic capital works projects that have the objective of optimising the social and economic value of—
surplus and underutilised Crown land; and
other Crown land or public land;
to provide technical and commercial advice in respect of property development and social and economic capital works projects referred to in paragraph (a) to Departments and public statutory bodies;
to undertake new declared projects, and complete existing declared projects;
to complete certain existing government and government agency projects;
to complete the development of the Docklands area.
Subject to subsection (2), this Act comes into operation on a day to be proclaimed.
If this Act does not come into operation on or before 1 July 2004, it comes into operation on that day.
In this Act—
S. 3 def. of Authority amended by No. 35/2011 s. 6(a), repealed by No. 10/2017 s. 6(a).
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S. 3 def. of board amended by No. 10/2017 s. 22(1)(a).
board means the board of directors of Development Victoria;
building includes—
a structure and part of a building or a structure; and
fences, walls, out-buildings, service installations and other appurtenances of a building; and
a boat or a pontoon which is permanently moored or fixed to land;
declared project means a development or proposed development declared by a project order to be a project to which this Act applies;
S. 3 def. of Department inserted by No. 10/2017 s. 6(b).
Department has the same meaning as it has in the Public Administration Act 2004;
development includes—
the construction or carrying out, extension, demolition or removal of a building or works;
the decoration or alteration of the inside or outside of a building or the alteration of works;
the subdivision or consolidation of land airspace or buildings;
the installation or provision or operation of facilities or services;
the relocation, deepening or widening of a waterway;
S. 3 def. of Development Victoria inserted by No. 10/2017 s. 6(b).
Development Victoria means the body corporate established under section 5;
docklands area has the same meaning as in the Docklands Act 1991;
S. 3 def. of holding and selling costs amended by No. 10/2017 s. 22(1)(b).
holding and selling costs in relation to land in a project area means—
any interest, administrative or other costs incurred by Development Victoria in or incidental to developing the land or selling it; and
any proportion of the costs incurred by Development Victoria in promoting the whole or part of the project area, that is a proportion that Development Victoria determines after considering the comparative areas of the land sold and the land promoted;
S. 3 def. of instrument inserted by No. 10/2017 s. 6(b).
instrument includes a document and an oral agreement;
land includes—
buildings and other structures permanently fixed to land; and
land covered with water; and
any estate, interest, easement, servitude, privilege or right in or over land;
S. 3 def. of liabilities inserted by No. 10/2017 s. 6(b).
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
limitations in relation to land means trusts, reservations, restrictions, exceptions, encumbrances, limitations, rights, privileges, estates and interests;
project area means an area of land specified in a project order as the project area for the purposes of a declared project;
project order means an order under section 34;
S. 3 def. of property inserted by No. 10/2017 s. 6(b).
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
public statutory body means a body established by or under an Act for a public purpose or a municipal council;
S. 3 def. of rights inserted by No. 10/2017 s. 6(b).
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
road includes bridge, highway, street, lane, footway, bicycle path, pedestrian walkway, square, court, alley or right of way, whether accessible to the public generally or not;
S. 3 def. of social and economic capital works project inserted by No. 10/2017 s. 6(b).
social and economic capital works project includes a project for the development of—
public facilities; or
civic or open space infrastructure; or
buildings and facilities to be used by government agencies or public statutory bodies;
S. 3 def. of staff amended by No. 10/2017 s. 22(1)(c).
staff means any person who is employed or engaged by Development Victoria under section 16;
S. 3 def. of urban renewal amended by No. 35/2011 s. 6(b), repealed by No. 10/2017 s. 6(c).
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works includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil and land reclamation and land decontamination.
S. 3A inserted by No. 6/2010 s. 25(5)(Sch. 2 item 12) (as amended by No. 45/2010 s. 6).
This Act is interface legislation within the meaning of the Transport Integration Act 2010.
S. 4 (Heading) amended by No. 10/2017 s. 22(2).
S. 4 amended by No. 10/2017 s. 24(1).
Except as expressly provided—
in section 6 of the Docklands Act 1991; or
in section 36 of this Act—
Development Victoria does not represent the Crown.
Pt 2 (Heading) substituted by No. 10/2017 s. 7.
S. 5(1) amended by Nos 35/2011 s. 7, 10/2017 s. 8.
There is established an authority by the name of "Development Victoria".
S. 5(2) amended by No. 10/2017 s. 23(1).
Development Victoria—
is a body corporate with perpetual succession;
has an official seal;
may sue and be sued;
may acquire, hold and dispose of real and personal property;
may do and suffer all acts and things that a body corporate may by law do and suffer.
S. 5(3) amended by No. 10/2017 s. 24(1).
All courts must take judicial notice of the seal of Development Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
S. 5(4) amended by No. 10/2017 s. 24(1).
The official seal of Development Victoria must be kept in such custody as Development Victoria directs and must not be used except as authorised by Development Victoria.
S. 6 repealed by No. 35/2011 s. 8.[1]
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S. 7(1) amended by No. 35/2011 s. 9, substituted by No. 10/2017 s. 9(1).
The functions of Development Victoria are the following—
if requested to do so by the Minister, to carry out or manage or co-ordinate the carrying out of property development and social and economic capital works projects;
if requested to do so by the Minister, to purchase, consolidate, take on, transfer or otherwise acquire or dispose of land or interests in land for the purpose of carrying out, or managing or co-ordinating the carrying out of property development and social and economic capital works projects;
if requested to do so by the Minister, to carry out property development and social and economic capital works projects in partnership or to enter into arrangements or agreements for the delivery of property development and social and economic capital works projects;
if requested to do so by the Minister, to provide advisory services in relation to property development and social and economic capital works projects and activities to government agencies;
to develop or manage the development of declared projects;
any other functions conferred on Development Victoria by this Act;
the functions conferred on Development Victoria by the Docklands Act 1991;
any functions conferred on Development Victoria by any other Act.
S. 7(1A) inserted by No. 10/2017 s. 9(1).
In carrying out, or managing the carrying out of, property development or social and economic capital works projects, Development Victoria must—
ensure property development and social and economic capital works projects and activities are carried out in accordance with government policies and strategies, including—
urban development policies and strategies; and
policies and strategies relating to housing affordability and housing diversity; and
promote best practice in property development and social and economic capital works projects and activities.
S. 7(2) amended by No. 10/2017 ss 9(2), 24(1).
The functions of Development Victoria under this Act are to be carried out using commercial disciplines.
S. 8 (Heading) amended by No. 10/2017 s. 22(2).
S. 8(1) amended by No. 10/2017 s. 23(1).
Development Victoria may—
purchase, take on transfer or otherwise acquire or dispose of real or personal property, and may dispose of any such property acquired by it;
enter into contracts, agreements, leases and licences for the carrying out of its functions;
act as agent of another person.
S. 8(2) amended by No. 10/2017 s. 24(1).
In addition to the powers in subsection (1), Development Victoria has—
S. 8(2)(a) amended by No. 10/2017 s. 24(1).
the powers conferred on Development Victoria by the Docklands Act 1991;
the power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions.
S. 9 (Heading) amended by No. 10/2017 s. 22(3).
S. 9(1) amended by No. 10/2017 s. 23(1).
Development Victoria is subject to the general direction and control of the Minister.
S. 9(2) amended by No. 10/2017 s. 23(1).
Development Victoria is subject to any specific direction given to it by the Minister with the approval of the Treasurer.
S. 9(3) inserted by No. 35/2006 s. 3.
An agreement or arrangement or contract entered into under this Act in contravention of subsection (2) is not void only because of that contravention.
S. 9(4) inserted by No. 35/2011 s. 10, amended by No. 10/2017 s. 10.
Without limiting subsection (1) or (2), a direction under subsection (1) or (2) may relate to a specific property development or social and economic capital works project.
Despite section 7(2), the Minister, with the approval of the Treasurer, may direct the board—
S. 10(1)(a) amended by No. 10/2017 s. 24(1).
to perform certain functions that the Minister considers to be in the public interest but may cause Development Victoria to suffer financial detriment; or
to cease to perform functions of a kind referred to in paragraph (a); or
to cease to perform certain functions that the Minister considers not to be in the public interest.
The board must comply with a direction given under subsection (1).
The reference in this section to suffering financial detriment includes a reference to incurring net costs that are greater than would have been incurred if the direction were not complied with.
S. 11(1) amended by No. 10/2017 s. 24(1).
Subject to subsection (2), Development Victoria may by instrument delegate all or any of its functions, powers or duties under this Act or the Docklands Act 1991 or any other Act or under an agreement made under this Act or the Docklands Act 1991 to—
S. 11(1)(a) amended by No. 10/2017 s. 24(1).
the chairperson of Development Victoria; or
S. 11(1)(b) amended by No. 10/2017 s. 24(1).
a director or group of directors of Development Victoria; or
S. 11(1)(c) amended by No. 10/2017 s. 24(1).
a member of staff of Development Victoria (by name or as the holder of a named position); or
with the Minister's consent, any other person, by name or as the holder of a named position.
Subsection (1) does not apply to—
S. 11(2)(a) amended by No. 10/2017 s. 24(1).
the power of delegation conferred on Development Victoria by this section;
S. 11(2)(b) amended by No. 10/2017 ss 11(1), 24(1).
the power conferred on Development Victoria under section 51F of this Act;
S. 11(2)(c) amended by No. 10/2017 ss 11(2), 24(1).
the powers conferred on Development Victoria under sections 25 and 54 of the Docklands Act 1991.
S. 12 (Heading) amended by No. 10/2017 s. 22(3).
S. 12(1) amended by No. 10/2017 s. 24(1).
Without limiting the generality of the powers referred to in section 8, Development Victoria may do all or any of the following—
form, or participate in the formation of, a corporation, trust, partnership or other body;
subscribe for, or otherwise acquire, and hold and dispose of shares in, or debentures or other securities of, a corporation;
subscribe for, or otherwise acquire, and hold and dispose of, units in a trust;
act as a trustee;
acquire and hold and dispose of an interest in a partnership or other body;
enter into any contract or arrangement with a person for the sharing of profits, union of interest, co-operation, joint venture, reciprocal concessions or otherwise.
S. 12(2) amended by No. 10/2017 s. 24(1).
If the total investment involved in an activity authorised under subsection (1) exceeds $5 000 000 Development Victoria must obtain the approval of the Minister and the Treasurer.