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Bill homepage (legislation.vic.gov.au)The main purposes of this Act are—
to establish the Suburban Rail Loop Authority; and
to confer on the Authority appropriate functions and powers—
for the Authority to plan and deliver the Suburban Rail Loop and development associated with the Suburban Rail Loop; and
to enable the Authority to operate, or manage the operation of, the Suburban Rail Loop or to manage development associated with the Suburban Rail Loop.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation before 1 September 2022, it comes into operation on that day.
In this Act—
S. 3 def. of applicable project area inserted by No. 48/2024 s. 49.
applicable project area, in relation to a Suburban Rail Loop project, means—
if a project completion declaration is declaring that the whole of a Suburban Rail Loop project is complete, the whole of the project area for the project; or
if a project completion declaration is declaring that part of a Suburban Rail Loop project is complete, that part of the project area related to the completed part of the project;
authorised person means a person authorised under section 57;
Authority means the Suburban Rail Loop Authority established by section 8;
board means the board of directors of the Authority appointed under section 19;
building includes—
a structure; and
a temporary building; and
a temporary structure; and
any part of a building or structure; and
a fence; and
a wall; and
an out-building; and
a service installation; and
other appurtenances of a building;
chairperson means the chairperson appointed under section 21;
chief executive officer means the chief executive officer of the Authority appointed under section 34;
Council has the same meaning as in section 3(1) of the Local Government Act 2020;
Crown land means land which is or is taken to be unalienated land of the Crown and includes—
land of the Crown reserved permanently or temporarily by or under an Act; and
Example
The Crown Land (Reserves) Act 1978.
land of the Crown occupied by a person under a lease or license or other right; and
a stratum of land that is Crown land;
S. 3 def. of Department amended by No. 25/2025 s. 106(Sch. 1 item 42.1).
Department means Department of Transport and Planning;
Department Head has the same meaning as in section 4(1) of the Public Administration Act 2004;
deputy chairperson means the deputy chairperson appoint under section 21;
development includes—
the construction, extension, demolition, removal or excavation of non-transport infrastructure or transport infrastructure; and
the decoration, construction or alteration of the inside or outside of, or the alteration of, non-transport infrastructure or transport infrastructure; and
tunnelling in or under land; and
the subdivision or consolidation of land, including airspace or a building; and
the erection or removal of, or interference with, non-transport infrastructure or transport infrastructure; and
any change to the natural or existing condition or topography of land; and
the removal, destruction or lopping of trees and the removal of vegetation or topsoil; and
land reclamation and land decontamination; and
the construction, installation or provision or operation of facilities or services; and
the placing or relocating of a building, non-transport infrastructure or transport infrastructure on, in, under or over land; and
the construction or putting up for display of signs or hoardings; and
works within the meaning of the Road Management Act 2004; and
the relocation, deepening, widening or otherwise altering of a waterway; and
a form of development prescribed for the purposes of this paragraph;
film friendly principles has the same meaning as in section 3 of the Filming Approval Act 2014;
film permit has the same meaning as in section 3 of the Filming Approval Act 2014;
General Fund—see section 46;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
member of staff, of the Authority, means any person who is employed or engaged by the Authority under section 36;
non-transport infrastructure means infrastructure that is not transport infrastructure and includes—
a facility, building, fixture, fitting or permanent structure; and
art works; and
civic and open space infrastructure including parks and public spaces; and
telecommunication networks and services related to infrastructure; and
utility infrastructure; and
infrastructure that is prescribed for the purposes of this paragraph; and
infrastructure ancillary to, related to or required in connection with infrastructure set out in paragraphs (a) to (f);
passenger services has the same meaning as in section 3 of the Transport Integration Act 2010;
project area—see section 73(1)(b);
project completion declaration means a declaration made under section 80;
Project Fund—see section 47;
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 authority means—
a person or body (including a trust) established under an Act for a public purpose; or
a Council; or
a public entity;
public entity has the same meaning as in section 4(1) of the Public Administration Act 2004;
public land means any of the following (including the airspace)—
Crown land;
land owned or vested in a public authority;
land held on trust for public or municipal purposes by trustees appointed under an Act;
public service body has the same meaning as in section 4(1) of the Public Administration Act 2004;
rail infrastructure has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
road has the same meaning as in section 3(1) of the Road Management Act 2004;
road authority has the same meaning as in section 3(1) of the Road Management Act 2004;
road infrastructure has the same meaning as in section 3(1) of the Road Management Act 2004;
rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);
Secretary means Secretary to the Department;
subsidiary has the same meaning as in section 9 of the Corporations Act;
Suburban Rail Loop planning area declaration means a declaration made under section 65;
Suburban Rail Loop program means—
the program for—
the planning, delivery, maintenance, operation and management of non-transport infrastructure and transport infrastructure including a new orbital rail line from Cheltenham to Werribee through Melbourne's suburbs; and
the planning, delivery and management of precinct development and associated developments connected by, related to, adjacent to, in proximity to or otherwise associated with transport infrastructure including the new orbital rail line referred to in subparagraph (i); and
land use planning, or the activation of precincts through non-infrastructure initiatives, in areas connected, related, adjacent, or in proximity to the new orbital rail line referred to in paragraph (a)(i) and in respect of which the Authority undertakes planning and development of land to which a Suburban Rail Loop planning area declaration applies; and
funding, financing, planning and consultation activities and transactions including asset disposal in connection with the matters set out in paragraphs (a) and (b);
Suburban Rail Loop program objectives means the objectives set out in section 5;
Suburban Rail Loop project means a development or proposed development declared to be a Suburban Rail Loop project under a Suburban Rail Loop project declaration;
Suburban Rail Loop project declaration means a declaration under section 72;
temporary structure includes—
a booth, tent, marquee, or other temporary enclosure, whether or not a part of the booth, tent, marquee or enclosure is permanent; and
a seating structure whether enclosed or not, including a mobile seating structure;
transport assets includes the land, tracks, crossings, signals, buildings and structures including bridges, overhead wiring, power substations, communications networks, base stations, depots and associated buildings;
transport infrastructure means any of the following—
road infrastructure;
rail infrastructure;
infrastructure that is ancillary to, related to or in connection with the movement of persons or goods;
infrastructure that is ancillary to, related to or in connection with road infrastructure, including—
a bridge; and
an underpass; and
a tunnel; and
a culvert; and
a level crossing; and
a footpath; and
a bicycle path;
an airport;
a facility at which—
goods can be loaded or unloaded from rolling stock; and
goods can be loaded or unloaded from heavy vehicles; and
goods referred to in subparagraphs (i) and (ii) can be temporarily stored;
infrastructure related to public transport including car parks;
infrastructure that is prescribed for the purposes of this paragraph;
(i) infrastructure ancillary to, related to or required in connection with infrastructure set out in paragraphs (a) to (h);
transport system has the same meaning as in section 3 of the Transport Integration Act 2010;
utility has the same meaning as in section 3 of the Major Transport Projects Facilitation Act 2009;
utility infrastructure has the same meaning as in section 3 of the Major Transport Projects Facilitation Act 2009;
vehicle has the same meaning as in section 3(1) of the Road Safety Act 1986.
This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.
The objectives of the Suburban Rail Loop program are—
to undertake development consistently with—
the vision statement set out in Division 1 of Part 2 of the Transport Integration Act 2010 and the transport system objectives set out in Division 2 of Part 2 of that Act; and
the planning objectives set out in section 4(1) of the Planning and Environment Act 1987; and
to integrate a new orbital rail line with existing and planned public transport and road networks in the State; and
to facilitate sustainable population growth, urban renewal and improved liveability; and
to encourage land development and the facilitation of timely and coordinated delivery of non-transport infrastructure, transport infrastructure, services and residential and commercial development; and
to improve connectivity throughout Melbourne by enhancing orbital public transport movements in relation to the new orbital rail loop; and
to increase productivity by facilitating greater employment, activity and investment throughout Victoria; and
to enhance regional Victorians' access to Melbourne suburban health, education and employment centres by connecting regional rail lines to the new orbital rail loop at major interchange stations; and
to enhance opportunities for the Victorian community, Victorian businesses and the State to capture value created by the development of precincts, non-transport infrastructure, transport infrastructure and other investments in relation to the new orbital rail loop.
This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.
This Act applies within and outside Victoria to the full extent of the extraterritorial legislative power of the Parliament.
The Suburban Rail Loop Authority is established.
The Suburban Rail Loop Authority—
is a body corporate with perpetual succession; and
has an official seal; and
may sue and be sued; and
may acquire, hold and dispose of property; and
may do and suffer all acts and things that a body corporate may by law do and suffer.
The official seal of the Authority—
must be kept in custody as directed by the Authority; and
must not be used except as authorised by the board.
All courts must take judicial notice of the seal of the Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
The object of the Authority is to undertake the Suburban Rail Loop program and Suburban Rail Loop projects in accordance with the Suburban Rail Loop program objectives.
The Authority represents the Crown.
The Authority has the functions, powers and duties conferred on it by or under this Act or any other Act.
Without limiting subsection (1), the Authority has the following functions—
to plan, procure and manage any development, non-transport infrastructure, transport infrastructure or services for the Suburban Rail Loop program;
to enter into, negotiate and administer partnerships, arrangements or agreements in relation to—
the Suburban Rail Loop program and Suburban Rail Loop projects; and
the provision of passenger services; and
the operation and maintenance of rolling stock, transport assets and transport systems;
to receive and evaluate submissions from any person or body with an interest in the Suburban Rail Loop program or Suburban Rail Loop projects;
to coordinate with other persons and bodies involved in, or affected by, scoping and development of the Suburban Rail Loop program and Suburban Rail Loop projects;
to provide the Minister and other persons with advice, information and guidance material in relation to—
the Suburban Rail Loop program and Suburban Rail Loop projects; and
planning the use, development and protection of land required for the purposes of the Suburban Rail Loop program; and
the provision of passenger services; and
the operation and maintenance of rolling stock, transport assets and transport systems;
to seek advice and information in relation to—
the Suburban Rail Loop program and Suburban Rail Loop projects; and
the provision of passenger services; and
the operation and maintenance of rolling stock, transport assets and transport systems;
at the request of the Minister, to advise the Minister—
in relation to the administration of this Act; and
on planning the use, development and protection of Suburban Rail Loop projects and related non-transport infrastructure and transport infrastructure; and
on planning the use of rolling stock, transport assets and transport systems;
to procure any rolling stock, transport assets and plan and procure transport systems;
to operate and maintain, or permit and manage access to, transport assets, transport systems, non-transport infrastructure and transport infrastructure built in relation to the Suburban Rail Loop program;
to determine and collect user charges, fees and fares related to the Suburban Rail Loop program, the provision of passenger services or the use of non-transport infrastructure or transport infrastructure built in relation to the Suburban Rail Loop program;
to collect and retain money received by or on behalf of the Authority—
related to the Suburban Rail Loop program; or
for services provided by means of the use of—
non-transport infrastructure or transport infrastructure built in relation to the Suburban Rail Loop program; or
transport assets and transport systems; or
for passenger services;
to enter into financial accommodation or other financial arrangements or transactions in relation to the Suburban Rail Loop program or Suburban Rail Loop projects;
to grant concessions in relation to the Suburban Rail Loop program or non-transport infrastructure and transport infrastructure built in relation to the Suburban Rail Loop program;
to act as a trustee or manager of a trust or other investment interest in relation to the Suburban Rail Loop program or non-transport infrastructure and transport infrastructure built in relation to the Suburban Rail Loop program;
to provide Councils and public sector bodies (within the meaning of section 4(1) of the Public Administration Act 2004) with advice and assistance in relation to planning the use, development and protection of land to which a Suburban Rail Loop planning area declaration applies;
to undertake planning of integrated land use, non-transport infrastructure and transport infrastructure in relation to land to which a Suburban Rail Loop planning area declaration applies;
to coordinate State Government action in relation to planning the use, development and protection of land to which a Suburban Rail Loop planning area declaration applies;
to undertake strategic planning for the development of the Suburban Rail Loop program;
any other functions conferred on it under the Planning and Environment Act 1987 or any other enactment.
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