1Purposes

The main purposes of this Act are—

(a)

to facilitate certain development projects in Victoria;

(b)

to provide for the setting of standards and the issuing of directions in relation to public construction;

S. 1(c) amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 27/2009 s. 18(2).

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S. 1(d) amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 30/2020 s. 3(1).

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S. 1(da) inserted by No. 72/2000 s. 4, substituted by No. 27/2009 s. 18(1), amended by No. 30/2020 s. 3(2).

(da)

to establish the Secretary, Project Development as a body corporate;

S. 1(db) inserted by No. 72/2000 s. 4, substituted by No. 27/2009 s. 18(1), repealed by No. 30/2020 s. 3(1).

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(e)

to amend the Bayside Project Act 1988;

(f)

to repeal the Public Lands and Works Act 1964.

2Commencement

(1)

Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2)

Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)

If a provision referred to in subsection (2) does not come into operation within the period of 6 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

3Definitions

(1)

In this Act—

application order means an order under section 8;

building includes—

(a)

a structure and part of a building or a structure; and

(b)

fences, walls, out-buildings, service installations and other appurtenances of a building; and

(c)

a boat or a pontoon which is permanently moored or fixed to land;

S. 3(1) def. of declared Department inserted by No. 30/2020 s. 4(a).

declared Department means a Department declared under section 5AA;

S. 3(1) def. of department substituted by No. 46/1998 s. 7(Sch. 1), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 163.1), 37/2014 s. 10(Sch. item 133), substituted as Department by No. 30/2020 s. 4(b).

Department means—

(a)

a Department within the meaning of section 4(1) of the Public Administration Act 2004; or

(b)

an office or body specified in section 16(1) of that Act;

S. 3(1) def. of Department Head inserted by No. 30/2020 s. 4(a).

Department Head means a Department Head within the meaning of section 4(1) of the Public Administration Act 2004;

development includes—

(a)

the construction or carrying out, extension, demolition or removal of a building or works;

(b)

the decoration or alteration of the inside or outside of a building or the alteration of works;

(c)

the subdivision or consolidation of land, airspace or buildings;

(d)

the installation or provision or operation of facilities or services;

(e)

the relocation, deepening or widening of a waterway;

directions mean directions issued under section 30;

enactment means a rule, regulation, by-law, order, Order in Council, proclamation or other instrument of a legislative character;

facilitating agency in relation to a nominated project means the public statutory corporation specified in the nomination order as the facilitating agency for that project;

function includes power, discretion, authority and duty;

S. 3(1) def. of limitations amended by No. 46/1997 s. 4(2).

limitations, in relation to land, means trusts, reservations, restrictions, exceptions, encumbrances, limitations, rights, privileges, estates and interests;

nominated project means a development or proposed development declared by a nomination order to be a project to which this Act applies;

nomination order means an order under section 6;

S. 3(1) def. of public body substituted by No. 43/1995 s. 23(a).

public body in Part 3 or Part 4 means—

(a)

a public statutory authority;

(b)

a State business corporation within the meaning of the State Owned Enterprises Act 1992;

(c)

a body, office or trust body—

(i)

established by or under an Act or enactment; or

(ii)

established by the Governor in Council or a Minister—

and that is declared by the Minister, by notice published in the Government Gazette, to be a body or office to which that Part applies;

S. 3(1) def. of public construction amended by No. 30/2020 s. 4(c).

public construction means any matter relating to the construction, maintenance, rehabilitation, alteration, extension or demolition of any improvements on land by, or on behalf of, Departments or public bodies and includes—

(a)

design and construction practices;

(b)

tendering processes;

(c)

project delivery;

(d)

contract administration;

public statutory corporation means any corporation established by or under an Act for a public purpose other than a municipal council;

responsible Minister, in relation to a nominated project, means the Minister specified in the nomination order as the Minister responsible for that project;

road includes bridge, highway, street, lane, footway, square, court, alley or right of way, whether accessible to the public generally or not;

S. 3(1) def. of Secretary repealed by No. 72/2000 s. 5(1)(a).

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S. 3(1) def. of Secretary, Project Development inserted by No. 3/2020 s. 4(a).

Secretary, Project Development means the body corporate established under section 41A;

S. 3(1) def. of Secretary to the Department of Infrastructure inserted by No. 72/2000 s. 5(1)(a), repealed by No. 27/2009 s. 19(2).

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S. 3(1) def. of Secretary to the Department of Innovation, Industry and Regional Development inserted by No. 27/2009 s. 19(1), repealed by No. 30/2020 s. 4(d).

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S. 3(1) def. of Secretary to the Department of State and Regional Development inserted by No. 72/2000 s. 5(1)(a), repealed by No. 16/2003 s. 22.

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standards means standards set under section 29;

S. 3(1) def of the Department amended by No. 46/1997 s. 4(1), repealed by No. 72/2000 s. 5(1)(b).

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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. 3(2) amended by Nos 46/1998 s. 7(Sch. 1), 72/2000 s. 5(2)(a)(b), 108/2004 s. 117(1) (Sch. 3 item 163.2), repealed by No. 27/2009 s. 19(3).

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4Crown bound

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

5Application of Act

(1)

A provision of Part 3 does not apply to a nominated project unless that provision is specified in an application order in relation to the project.

(2)

A provision of Part 3 does not apply to a facilitating agency unless that provision is specified in an application order in relation to the agency.

S. 5(3) amended by No. 46/1997 s. 5.

(3)

Section 19, 20, 22, 23 or 24 does not apply to the responsible Minister unless that provision is specified in an application order in relation to the Minister.

S. 5(4) amended by Nos 72/2000 s. 6, 30/2020 s. 5.

(4)

A function conferred on a Minister or facilitating agency by an application order is additional to and does not derogate from any other function of the Minister or agency under Part 5A or any other Act or law.

S. 5AA inserted by No. 30/2020 s. 6.

5AADeclaration of declared Department

(1)

The Governor in Council, by Order in Council published in the Government Gazette, may declare a Department to be the declared Department for the purposes of section 41A.

(2)

An Order under subsection (1) must specify the date on which the declaration takes effect.

(3)

An Order under subsection (1) revokes any other Order made under that subsection that is in effect immediately before that Order takes effect.

S. 5A inserted by No. 6/2010 s. 25(5)(Sch. 2 item 11) (as amended by No. 45/2010 s. 6).

5ATransport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

6Nomination order

The Governor in Council, on the recommendation of the Premier, may, by order published in the Government Gazette, declare a development or proposed development to be a project to which this Act applies.

S. 7 substituted by No. 46/1997 s. 6.

7Contents of order

A nomination order must specify—

(a)

the Minister who is to be responsible for the nominated project; and

(b)

if there is to be a facilitating agency for the nominated project, the public statutory corporation which is to be that facilitating agency.

S. 8 substituted by No. 46/1997 s. 7.

8Application order

The Governor in Council, on the recommendation of the Premier, by order published in the Government Gazette relating to a nominated project—

(a)

may specify the provisions of Part 3 which are to apply in relation to the nominated project;

(b)

if there is a facilitating agency for the nominated project, may specify the provisions of Part 3 which are to apply to that facilitating agency;

(c)

may specify that all or any of sections 19, 20, 22, 23 and 24 apply in relation to the responsible Minister for the nominated project;

(d)

may specify an area of land for the purposes of the nominated project;

(e)

may specify any other matter permitted by this Act to be specified in an order under this section.

S. 8A inserted by No. 16/2003 s. 23.

8AOrders 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 subsection (1) which amends a nomination order may substitute a facilitating agency specified in the nomination order.

(3)

An order under subsection (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.

S. 9 substituted by No. 46/1997 s. 8.

9Tabling of orders

The Premier must cause—

(a)

a copy of each nomination order, together with a statement signed by the Premier of reasons for the making of the order; and

S. 9(b) amended by No. 16/2003 s. 24(1).

(b)

a copy of each application order; and

S. 9(c) inserted by No. 16/2003 s. 24(2).

(c)

a copy of each order made under section 8A—

to be laid before each House of Parliament within 14 sitting days after the order is made.

S. 10 repealed by No. 46/1997 s. 9.

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Project Development and Construction Management Act 1994

About this Act

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