Major Transport Projects Facilitation Amendment (East West Link and Other Projects) Act 2013

Major Transport Projects Facilitation Amendment (East West Link and Other Projects) Act 2013

No. 49 of 2013

table of provisions

SectionPage

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Amendments to the Major Transport Projects Facilitation Act 2009

3Principal Act

4Definitions

5New section 5 substituted

5Objects

6Designation of project contractor

7Declaration of a transport project

8Requirement for consultation by Premier repealed

9Assessment of transport project before declaration

10New sections 15A and 15B inserted

15ADelegation by Project Minister

15BPlanning Minister may declare associated works

11Project proposal guidelines

12Publication fee guidelines

13Planning Minister must make determination as to appropriate impact assessment

14Specification of matters to be considered and addressed in impactmanagement plan

15Project proponent must consult with specified persons as directedby Planning Minister

16Content of impact management plans

17Specification of matters to be considered and addressed in comprehensive impact statements

18Planning Minister may request further information or public comment and submissions in exceptional circumstances

19Amendment of scoping directions by Planning Minister

20New section 34A inserted

34AAmendment of scoping directions on application by project proponent

21Content of terms of reference for assessment committee

22Publication of assessment committee terms of reference

23Content of comprehensive impact statements

24Submission of comprehensive impact statement to Secretary

25Consideration of comprehensive impact statement by Secretary

26New section 42A inserted

42AAppointment of person where Secretary is project proponent

27Application

28Comprehensive impact statements to be given to agencies and applicable law decision makers

29New section 51A inserted

51AWorks approval

30Preliminary hearings

31Comprehensive impact statement issues report or statement

32Repeal of section 60

33Project proponent must review comprehensive impact
statement

34Publication and submission of revised comprehensive impact statement

35New section 64 substituted

64EPA to advise Planning Minister regarding works approvals

36Notification of formal public hearing to be conducted

37Conduct of formal public hearing by assessment committee

38Supplementary assessments of further options

39Assessment committee recommendations

40Specific works approval—Environment protection works approvals

41Approval decisions

42Time within which an approval decision must be made

43Effect of approval decision granting the applicable approvals fora declared project

44Planning Minister to make determination on application

45Application of Part to variation sought by project authority

46Designation of project area

47Planning scheme amendment powers of Planning Minister in relation to variations to project area

48New section 98A inserted

98APlans to be published on the Internet

49New section 102A inserted

102AProject authority to be referral authority

50Delegation—when the Secretary is the project authority

51Delegation—to the project contractor

52Sub-delegations by the project contractor

53Acquisition of interests in Crown land

54Compensation for entry or temporary occupation

55New section 120A inserted

120APlanning compensation

56Surrender or divesting of land of public authorities and
Councils

57Effect of surrender or divesting

58New sections 137A and 137B inserted

137AGrant of land to project authority

137BSurrender of land by project authority

59New Subdivision 2A inserted in Division 4 of Part 6

Subdivision 2A—Other Crown land reserved for approved project

142AOther Crown land to be designated for approved
project

60Minister to be notified of reservation

61Project authority may carry out or authorise works on public
land

62New section 168A inserted

168AProject authority may carry out or authorise associated works

63New section 171A inserted

171AUtility easements

64Project authority may issue licence for purposes of approved project

65Model utility agreement guidelines

66New section 254A inserted

254APublic officials to expedite projects

67Taxes and duties

68New section 258A inserted

258AApproval of Councils not required

69Certain Orders, determinations not to be legislative
instruments

70New Part 10 inserted

Part 10—Transitional Provisions—Major Transport Projects Facilitation Amendment(East West Link and Other Projects) Act 2013

267Project proponent of already declared projects may resubmit project proposal

71Schedule 1 amended—Applicable laws and applicable
approvals

Part 3—Amendments to Other Acts and Repeal

Division 1—Amendments to the Transport Integration Act2010

72Definitions

73New section 138A inserted

138ACompulsory acquisition of land

Division 2—Repeal of amending Act

74Repeal of amending Act

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EndnoteS

SectionPage

Victoria

SectionPage

Major Transport Projects Facilitation Amendment (East West Link and Other Projects) Act 2013[†]

No. 49 of 2013

[Assented to 10 September 2013]

Major Transport Projects Facilitation Amendment (East West Link and Other Projects) Act 2013
No. 49 of 2013

The Parliament of Victoriaenacts:

Part 3—Amendments to Other Acts and Repeal

Major Transport Projects Facilitation Amendment (East West Link and Other Projects) Act 2013
No. 49 of 2013

Part 1—Preliminary

1Purpose

The main purposes of this Act are—

(a)to amend the Major Transport Projects Facilitation Act 2009to facilitate the East West Link project and other major transport projects by reducing procedural delays and red tape in relation to major transport projects; and

(b)toamend the Transport Integration Act 2010 to improve the operation of that Act.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

s. 2

(2)If a provision of this Act does not come into operation before 1 May 2014, it comes into operation on that day.

______

Part 2—Amendments to the Major Transport Projects Facilitation Act 2009

3Principal Act

See:
Act No.
56/2009.
Reprint No. 1
as at
16 August 2012
and amending
Act No.
22/2013.
LawToday:
www.
legislation.
vic.gov.au

s. 3

In this Act, the Major Transport Projects Facilitation Act 2009 is called the Principal Act.

4Definitions

(1)In section 3 of the Principal Act—

(a)insert the following definitions—

"applicable law criteria means matters, things, criteria, factors, circumstances, principles, purposes or objects specified in an applicable law that may or must (as the case requires) be applied or complied with, had regard to or taken into account by an applicable law decision maker when making a decision whether to grant an applicable approval under that law;

associated works means works or activities that have been declared to be associated works under section 15B;

preliminary risk report, in relation to a project proposal, means a document that identifies and categorises the various risks associated with a declared project and identifies matters that require further investigation in a comprehensive impact statement;

protection agency means any person or body, whether corporate or unincorporate, having powers or duties under any other Act with respect to the environment or any segment of the environment in any part of Victoria;";

s. 4

(b) the definitions of comprehensive impact statement issues report, discretionary applicable law criteriaand mandatory applicable law criteriaare repealed;

(c) in the definition of Department, for "Planning and Community Development" substitute "Transport, Planning and Local Infrastructure";

(d) in the definition ofgrant, after "requires," insert "prepare, adopt,";

(e) for the definition of project proposalsubstitute—

"project proposalmeans a document that contains—

(a)a description of the declared project and any associated works; and

(b)a preliminary risk report;".

(2)In section 3 of the Principal Act, in the definition of project land—

(a)in paragraph (b), after "approved project;"insert "or";

(b)after paragraph (b) insert—

"(c)land that is taken under Part 6 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 approved project;".

5New section 5substituted

s. 5

For section 5 of the Principal Act substitute—

"5Objects

The objects of this Act are—

(a) to create public value through improvements to the efficiency, integration and sustainability of Victoria's transport system; and

(b)tostreamline the development of major transport projects that are of economic, social or environmental significance to the State or a region of the State by providing for a single approval for major transport projects, through a process for the assessment of the project—

(i) that has regard to Victoria's environmental, planning and other legislative standards (including risk-based assessment where appropriate); and

(ii)that maintains opportunities for public consultation; and

(c)to improve productivity and timeliness in the assessment and delivery of major transport projects.".

6Designation of project contractor

s. 6

In section 7 of the Principal Act, for "in the Government Gazette" substitute "on the Department's Internet site".

7Declaration of a transport project

(1)In section 10(1) of the Principal Act—

(a)for "The Governor in Council, on the recommendation of the Premier," substitute "The Premier";

(b)in paragraph (b), before "this Act" insert
"to which".

(2)In section 10(2) of the Principal Act, after "Gazette" insert "and on an Internet site maintained by the Department of Premier and Cabinet".

8Requirement for consultation by Premier repealed

Section 11 of the Principal Actis repealed.

9Assessment of transport project before declaration

(1)In the heading to section 12 of the Principal Act, for "recommendation" substitute "declaration".

(2)In section 12(1) of the Principal Act, for "recommendation" substitute "declaration".

10New sections15Aand 15Binserted

After section 15 of the Principal Act insert—

s. 10

"15A Delegation by Project Minister

(1)Subject to this section, the Project Minister, by instrument, may delegate to any person any power, duty or function of the Project Minister under this Act other than—

(a)this power of delegation;

(b)the power to director control a project authority under section 109;

(c)the power to make a determination under section 180;

(d)the power to prepare guidelines under section 231.

(2)A delegation under subsection (1) may be in relation to a specified declared project and may be—

(a)in relation to a person or class of persons specified in the instrument of delegation; or

(b)in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.

15B Planning Minister may declare associated works

(1)The Planning Minister may declare certain works or activities to be associated works if the Planning Minister is satisfied that the works or activities—

(a)form part of, or are associated with, a declared project; and

(b)are not the subject of an approval decision under section 77.

(2)A declaration under this section must be published in the Government Gazette.".

11Project proposal guidelines

s. 11

(1)Section 16(3) of the Principal Act is repealed.

(2)For section 16(4)(a) of the Principal Act substitute—

"(a)on the day after the day the guidelines are published on the Department's Internet site; or".

12Publication fee guidelines

(1)Section 18(4) of the Principal Act is repealed.

(2)For section 18(5)(a) of the Principal Act substitute—

"(a)on the day after the day the guidelines are published on the Department's Internet site; or".

13Planning Minister must make determination as to appropriate impact assessment

In section 20(4) of the Principal Act, for "10" substitute "5".

14Specification of matters to be considered and addressed in impact management plan

(1)After section 22(1) of the Principal Act insert—

"(1A) In addition to subsection (1), the scoping directionsmay include directions to the project proponent to do any one or more of the following—

(a)include a description of the preferred option for the development of the declared project and the reasons for that preference;

(b)set out variations within the preferred option in relation to the declared project, and the impacts of those variations;

(c)set out a consideration of methods to avoid, minimise, manage or offset the impacts of the declared project.

(1B) When preparing the scoping directions, the Planning Minister must have regard to the preliminary risk report that forms part of the project proposal given under section 19(4).

(1C) The scoping directions may provide, in the case of any or all specified associated works that require an applicable approval, thatthe application for the applicable approval must be made, assessed and approved under the relevant applicable law and not under this Act.

Note

See section 168A.".

(2)In section 22(3) of the Principal Act, for "in the Government Gazette" substitute "on the Department's Internet site".

15Project proponent must consult with specified persons as directed by Planning Minister

s. 15

In section 25(2)(b) of the Principal Act, for "in the Government Gazette" substitute"on the Department's Internet site".

16Content of impact management plans

In section 27 of the Principal Act—

(a) after "the project that" insert ", to the satisfaction of the Secretary";

(b)in paragraph (a), for "complies" substitute "is substantially in accordance";

(d)in paragraph (g), for "will be" substitute "are likely to be";

(e)in paragraph (h)(i), omit "mandatory applicable law criteria and discretionary".

17Specification of matters to be considered and addressed in comprehensive impact statements

s. 16

(1)After section 30(1) of the Principal Act insert—

"(1A) In addition to subsection (1), the scoping directions may include directions to the project proponent to do any one or more of the following—

(a)include a description of the preferred option for the development of the declared project and the reasons for that preference;

(b)set out variations within the preferred option in relation to the declared project, and the impacts of those variations;

(c)set out a consideration of methods to avoid, minimise, manage or offset the impacts of the declared project.

(1B) When preparing the scoping directions, the Planning Minister must have regard to the preliminary risk report that forms part of the project proposal given under section 19(4).

(1C) The scoping directions may provide, in the case of any or all specified associated works that require an applicable approval, that the application for the applicable approval must be made, assessed and approved under the relevant applicable law and not under this Act.

Note

See section 168A.".

(2)In section 30(2) of the Principal Act, for "25" substitute "10".

(3) In section 30(3) of the Principal Act, for "in the Government Gazette" substitute "on the Department's Internet site".

18Planning Minister may request further information or public comment and submissions in exceptional circumstances

s. 18

(1)In section 31(1) of the Principal Act—

(a) omit ", before the end of the period specified under section 30,";

(b)in paragraph (a), before "by written" insert "within 10 business days after making a comprehensive impact statement determination,";

(2)In section 31(4)(b)(ii) of the Principal Act, for "section 29" substitute "section 47(1) or 87(4)".

19Amendment of scoping directions by Planning Minister

s. 19

(1)In the heading to section 34 of the Principal Act, after "directions"insert "by Planning Minister".

(2)In section 34(1) of the Principal Act, for "ThePlanning Minister" substitute "Except as provided in section 34A, the Planning Minister".

(3) Section 34(3) of the Principal Act is repealed.

20New section 34A inserted

After section 34 of the Principal Act insert—

"34A Amendment of scoping directions on application by project proponent

(1)A project proponent for a declared project may, at any time before the Secretary makes a determination under section 42 to release a comprehensive impact statement for public exhibition in relation to the project, apply to the Planning Minister to amend the scoping directions.

(2)An application to the Planning Minister under subsection (1) must be accompanied by a revised project proposal that sets out the changes to the declared project that require amendment to the scoping directions.

(3)On receiving an application under this section, the Planning Minister may amend the scoping directions.

(4)The Planning Minister must determine an application under this section and prepare any amendments to the scoping directions within 10business days after receiving an application.

(5)Sections 34(2) and (4) apply to an amendment of scoping directions under this section.".

21Content of terms of reference for assessment committee

After section 36(1)(b) of the Principal Actinsert—

s. 21

"(ba) a direction to confine the matters under consideration at a public hearing to particular matters;

(bb) a direction to prepare a report that summarises the issues in relation to the comprehensive impact statement that the committee considers the project proponent should address;".

22Publication of assessment committee terms of reference

In section 37 of the Principal Act omit "in the Government Gazette and".

23Content of comprehensive impact statements

In section 39 of the Principal Act—

(a) after "the project that" insert ", to the satisfaction of the Secretary";

(b)in paragraph (a), for "complies" substitute "is substantially in accordance";

(d)in paragraph (g), for "will be" substitute "are likely to be";

(e) in paragraph (h)(i), omit "mandatory applicable law criteria and discretionary";

(f) after paragraph (h) insert—

"(ha)if the proponent is seeking a works approval, contains a copy of such plans, specifications and other information as are necessary to determine whether to grant the works approval; and".

24Submission of comprehensive impact statement to Secretary

s. 24

(1)In the heading to section 41 of the Principal Act, for "Planning Minister" substitute "Secretary".

(2)In section 41(1)(a) and (b) of the Principal Act, for "Planning Minister" substitute "Secretary".

(3)Section 41(2) of the Principal Act is repealed.

25Consideration of comprehensive impact statement by Secretary

(1)In the heading to section 42 of the Principal Act, for "Planning Minister" substitute "Secretary".

(2)In section 42(1) of the Principal Act, for "Planning Minister, within 20" substitute "Secretary, within 10".

(3) In section 42(2) of the Principal Act—

(a) for "Planning Minister" substitute "Secretary";

(b)for "the Minister" substitute "the Secretary".

(4) In section 42(3) of the Principal Act, for "Minister" substitute "Secretary".

(5) In section 42(4) of the Principal Act—

(a)for "Planning Minister" substitute "Secretary";

(b)in paragraph (b), for "Minister" (wherever occurring) substitute "Secretary".

(6) In section 42(5) of the Principal Act—

(a) for "Planning Minister" substitute "Secretary";

(b)for "the Minister" substitute "the Secretary".

(7)Section 42(7) of the Principal Act is repealed.

26New section 42A inserted

After section 42 of the Principal Act insert—

"42A Appointment of person where Secretary is project proponent

(1)This section applies if the Secretary is the project proponent of a declared project.

(2)As soon as is practicable after receiving scoping directions under section 30, the Secretary must appoint, in writing, a person to exercise the functions and powersof the Secretary under the following sections in relation to the declared project—

(a)section 39;

(b)section 41(1)(a) and (2);

(c)section 42.

(3)A function or power exercised by a person appointed under this section takes effect as if the function or power were exercised by the Secretary.".

27Application

s. 26

In section 44 of the Principal Act, for "Planning Minister" substitute "Secretary".

28Comprehensive impact statements to be given to agencies and applicable law decision makers

At the end of section 51 of the Principal Act insert—

s. 28

"(2)The project proponent must, as soon as practicable after giving the comprehensive impact statement to the EPA under subsection (1), pay to the EPA an amount that is equivalent to the fee prescribed for the purposes of section 19B(1)(b) of the Environment Protection Act 1970.".

29New section 51A inserted

After section 51 of the Principal Act insert—

"51A Works approval

(1)This section applies if a works approval is required in order for the declared project or a part of the declared project to be developed.

(2) The EPAmust, on receiving a comprehensive impact statement under section 51, refer a copy of the comprehensive impact statement and a copy or summary of any accompanying plans, specifications or other information to—