City of Melbourne and Docklands Acts (Governance) Act 2006

City of Melbourne and Docklands Acts (Governance) Act 2006

Act No. 74/2006

table of provisions

Section Page

Part 1—Preliminary 1

1. Purposes 1

2. Commencement 2

Part 2—City of Melbourne Act 2001 3

3. Definition of docklands area 3

4. New section 5A inserted 3

5A. Docklands area is part of municipal district 3

5. New Part 4A inserted 4

Part 4A—Docklands co-ordination committee 4

27A. Definitions 4

27B. Establishment of the Docklands Coordination Committee 5

27C. Constitution of the Committee 6

27D. Deputy members 6

27E. Removal from office 7

27F. Chairperson 7

27G. Quorum 8

27H. Voting 8

27I. Delegation 8

27J. Functions 9

27K. Council and Authority may enter into an agreement 9

Part 3—Docklands Act 1991 11

6. Definitions 11

7. Definition and change of docklands area 11

8. Authority to represent the Crown for certain purposes 11

9. Land management and use 12

10. Revocation of reservations 12

11. Charges 12

12. Transport and port facilities 12

13. Bodies may be required to act promptly 13

14. Administration of Building Act 13

15. Amendments to section 32 13

16. Planning powers of the Authority 13

17. Repeal of Part 3A—municipal functions of Authority 13

18. Docklands Fund 13

19. Repeal of sections 44 and 51A 13

20. By-laws 14

21. Regulations 14

22. Substitution of Part 7 14

Part 7—transitional 14

Division 1—General transitional provisions 14

57. Definitions 14

58. Sewers and drains 15

59. Roads 15

60. Authorised officers 16

61. Rates 16

62. Transitional orders 16

63. Voters' roll 18

64. Indemnity 18

65. Authority and Melbourne City Council may enter
into an agreement 18

Division 2—Land to be reserved 19

66. Reservation of land for public purposes 19

67. Surrender or divesting of land 20

68. Preservation of leases 22

69. Preservation of planning agreements 24

70. Saving of rights 24

71. Secretary to keep register 25

72. Agreement to extinguish right 25

73. No compensation payable 25

Part 4—Amendment of Other Acts 26

23. Amendment of the Congestion Levy Act 2005 26

24. Amendment of the Emergency Management Act1986 26

25. Amendment of the Environment Protection Act1970 26

26. Amendment of the Melbourne City Link Act 1995 26

27. Amendment of the Metropolitan Fire Brigades Act1958 26

28. Amendment of the Public Holidays Act 1993 26

29. Amendment of the Road Management Act 2004 27

30. Amendment of the Victoria Grants Commission Act1976 27

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Endnotes 28

Section Page

Victoria

No. 74 of 2006

Section Page

City of Melbourne and Docklands Acts (Governance) Act 2006[(]

[Assented to 10 October 2006]

Act No. 74/2006

City of Melbourne and Docklands Acts (Governance) Act 2006

Act No. 74/2006

City of Melbourne and Docklands Acts (Governance) Act 2006

The Parliament of Victoria enacts as follows:

Part 4—Amendment of Other Acts

City of Melbourne and Docklands Acts (Governance) Act 2006

Act No. 74/2006

Part 1—Preliminary

1. Purposes

The main purposes of this Act are—

(a) to amend the City of Melbourne Act 2001—

(i) to return the docklands area to the municipal district of the City of Melbourne; and

(ii) to provide for the establishment of the Docklands Co-ordination Committee;

(b) to amend the Docklands Act 1991—

(i) to give effect to the return of the docklands area to the municipal district of the City of Melbourne; and

(ii) to provide for the reservation of certain land in the docklands area.

2. Commencement

s. 2

(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 January 2008 it comes into operation on that day.

______

See:
Act No.
5/2001
and amending
Act Nos
23/2002, 109/2003 and 29/2005.
LawToday:
www.dms.
dpc.vic.
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Part 2—City of Melbourne Act 2001

3. Definition of docklands area

s. 3

In section 3 of the City of Melbourne Act 2001 insert the following definitions—

' "Authority" means the Victorian Urban Development Authority established by the Victorian Urban Development Authority Act 2003;

"docklands area" has the same meaning as in the Docklands Act 1991;'.

4. New section 5A inserted

After section 5 of the City of Melbourne Act 2001 insert—

"5A. Docklands area is part of municipal district

(1) The municipal district of the City of Melbourne includes the docklands area.

(2) The addition of the docklands area to the municipal district of the City of Melbourne does not constitute a reconstitution of the Council.".

5. New Part 4A inserted

s. 5

After Part 4 of the City of Melbourne Act 2001 insert—

'Part 4A—Docklands co-ordination committee

27A. Definitions

(1) In this Part—

"Authority nominee" means a member of the Committee nominated under section 27C(1)(a)(ii);

"Committee" means the Docklands Coordination Committee established by the Council under this Part;

"Co-ordination area" means—

(a) any land reserved under section 66 or 67 of the Docklands Act 1991 of which the Council is the committee of management under the Crown Land (Reserves) Act 1978; and

(b) any land added to that area by Order under sub-section (2)—

but does not include any land removed from the area by Order under sub-section (2);

"Council nominee" means a member of the Committee nominated under section 27C(1)(a)(i);

"Docklands Minister" means the Minister for the time being administering the Docklands Act 1991;

"Ministerial appointee" means a member of the Committee appointed under section 27C(1)(b);

"place management services" means services that relate to—

(a) site presentation;

(b) waterways management;

(d) the marketing and promotion of the docklands area;

(e) the attraction and staging of events in the docklands area;

(f) any other prescribed matter.

(2) The Governor in Council, on the joint recommendation of the Minister and the Docklands Minister, may by Order add any Crown land in the docklands area to, or remove any Crown land in the docklands area from, the Co-ordination area.

(3) An Order under sub-section (2) must be published in the Government Gazette.

27B. Establishment of the Docklands Coordination Committee

s. 5

(1) The Council must establish a committee to be called the Docklands Co-ordination Committee.

(2) The Committee is deemed to be a Special Committee established under section 86 of the Local Government Act 1989.

(3) Despite sub-section (2), sections 86(2), 88(3), 88(4), 88(7), 90(1)(d), 90(1)(e) and 91(3) of the Local Government Act 1989 do not apply to the Committee.

27C. Constitution of the Committee

(1) The Docklands Co-ordination Committee consists of up to 7 members of whom—

(a) 6 must be persons appointed by the Council of whom—

(i) 3 must be persons nominated by the Council; and

(ii) 3 must be persons nominated by the Authority; and

(b) 1, if appointed, must be a person appointed jointly by the Minister and the Docklands Minister.

(2) Nothing in sub-section (1) requires a person to be appointed under sub-section (1)(b).

(3) An appointment under sub-section (1)(b) must specify the term of appointment (not exceeding 4 years) of the person appointed.

(4) A person appointed under sub-section (1) is eligible for reappointment.

27D. Deputy members

s. 5

(1) The Council may appoint as a deputy member for each member appointed by the Council a person nominated in the same manner as the member appointed by the Council for whom he or she is deputy.

(2) The Minister and the Docklands Minister may jointly appoint a person as a deputy member for the Ministerial appointee.

(3) A deputy member appointed under sub-section (1) or (2) may, in the absence of the member, attend a meeting of the Docklands Co-ordination Committee in place of the member and perform any function at that meeting that the member could have performed.

27E. Removal from office

s. 5

(1) The Council may at any time remove a member of the Committee who is a Council nominee or a deputy of that member from office.

(2) The Council must at the request of the Authority remove a member who is an Authority nominee or a deputy of that member from office.

(3) The Minister and the Docklands Minister may jointly remove a member who is a Ministerial appointee or the deputy of that member from office.

27F. Chairperson

(1) The person who is the Ministerial appointee (if any) is to be the Chairperson at a meeting of the Docklands Co-ordination Committee at which he or she is present.

(2) For each meeting at which the member who is the Ministerial appointee (if any) is not present, the role of Chairperson is to alternate between a member nominated by the Council nominees and a member nominated by the Authority nominees on the Committee beginning with a member nominated by the Council nominees.

27G. Quorum

5 members of the Docklands Co-ordination Committee constitute a quorum.

27H. Voting

(1) At a meeting of the Docklands Co-ordination Committee at which the Ministerial appointee presides—

(a) the Ministerial appointee (if any) has a casting as well as deliberative vote; and

(b) a question before the meeting is to be determined by a majority of votes.

(2) If at a meeting of the Committee a person other than the Ministerial appointee (if any) presides, a question before the meeting is to be determined by a unanimous vote of the members present at the meeting.

(3) Subject to this Part, the conduct of meetings of the Committee is in its discretion.

27I. Delegation

s. 5

(1) The Council must, in accordance with the regulations, delegate to the Docklands Coordination Committee such of its functions in relation to the monitoring of place management services in the Coordination area as are specified in the regulations.

(2) The Council must not amend, revoke or impose conditions on a delegation made under sub-section (1) except in accordance with the regulations.

(3) The carrying out by the Committee of functions delegated under this section is deemed for the purposes of this Act and the Local Government Act 1989 to have been carried out by the Council.

(4) A delegation of a function under this section does not prevent the Council from carrying out the function.

(5) Section 42A of the Interpretation of Legislation Act 1984 does not apply to a delegation under this section.

27J. Functions

s. 5

The functions of the Docklands Coordination Committee are to—

(a) approve any place management plan prepared for the Co-ordination area in accordance with the regulations; and

(b) approve any finance and infrastructure plan prepared for the Co-ordination area in accordance with the regulations; and

(c) provide advice, guidance and recommendations to the Council about the provision of place management services in the Co-ordination area; and

(d) carry out any function in relation to the monitoring of place management services that is delegated to the Committee under section 27I.

27K. Council and Authority may enter into an agreement

(1) The Council and Authority may enter into an agreement in relation to the provision and co-ordination of place management services in the Co-ordination area.

(2) An agreement made under this Part must—

(a) provide for the prescribed matters; and

(b) not be inconsistent with this Part or the regulations.'.

s. 5

______

See:
Act No.
22/1991.
Reprint No. 4
as at
1 March 2005
and amending
Act Nos 108/2004 and
95/2005.
LawToday:
www.dms.
dpc.vic.
gov.au

Part 3—Docklands Act 1991

6. Definitions

s. 6

In section 3 of the Docklands Act 1991—

(a) for paragraph (c) of the definition of "land" substitute—

"(c) any estate, interest, easement, servitude, privilege or right in or over land; and

(d) any stratum of land;";

(b) after the definition of "staff" insert—

' "stratum of land" means a part of land consisting of a space of any shape above or below or partly above and partly below the surface of the land, all the dimensions of which are limited;';

7. Definition and change of docklands area

(1) Section 4(5)(a) of the Docklands Act 1991 is repealed.

(2) Section 4(6) of the Docklands Act 1991 is repealed.

8. Authority to represent the Crown for certain purposes

(1) For section 6(b)(i) of the Docklands Act 1991 substitute—

"(i) it does anything under this Act in relation to Crown land;".

(2) Section 6(b)(ii) of the Docklands Act 1991 is repealed.

(3) In section 6(b)(iii) of the Docklands Act 1991, for "Crown;" substitute "Crown—".

(4) Section 6(b)(iv) of the Docklands Act 1991 is repealed.

9. Land management and use

s. 9

For section 20(1)(a) of the Docklands Act 1991 substitute—

"(a) Crown land other than land for which the Melbourne City Council is the committee of management under the Crown Land (Reserves) Act 1978; or".

10. Revocation of reservations

In section 21(1) of the Docklands Act 1991, after "under that Act" insert "(including any deemed reservation under section 66 or 67 of this Act)".

11. Charges

(1) After section 25(4) of the Docklands Act 1991 insert—

"(4A) Despite sub-section (1), the Authority may not levy charges for any matter for which the Melbourne City Council has levied a rate or charge.".

(2) After section 27(3) of the Docklands Act 1991 insert—

"(4) The Minister must obtain the written consent of the Melbourne City Council before giving advice under sub-section (1) in respect of a rate or charge levied by the Melbourne City Council.".

12. Transport and port facilities

In section 28(2) of the Docklands Act 1991, for "or the Victorian Regional Channels Authority" substitute ", the Victorian Regional Channels Authority or the Melbourne City Council".

13. Bodies may be required to act promptly

s. 13

In section 30(1) of the Docklands Act 1991 for "Chief Administrator" substitute "Department Head".

14. Administration of Building Act

Section 31 of the Docklands Act 1991 is repealed.

15. Amendments to section 32

(1) Insert the following heading to section 32 of the Docklands Act 1991—

"Docklands may become or cease to be a port".