urban renewal authority victoria amendment (development ...file/17-010a.docx · web viewpage....

Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017

No. 10 of 2017

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purpose 12 Commencement 23 Principal Act 2

Part 2—Amendment of the Urban Renewal Authority Victoria Act 2003 3

4 Title 35 Purpose 36 Definitions 47 Heading to Part 2 substituted 58 Establishment 59 Functions 510 Authority subject to the direction and control of the Minister 711 Delegation 712 Reciprocal arrangements with public sector agencies 713 Grant of land to Authority 714 Approval required for acquisition of private land 815 Eligibility criteria for appointment of directors 816 Limitations on indemnity 817 New section 40A inserted 818 Agreements that run with the land 819 New Part 3A inserted 920 Annual report 1821 New Parts 9 and 10 and Schedule 1 inserted 19

Part 3—Consequential amendments to the Urban Renewal Authority Victoria Act 2003 33

22 Change of name to Development Victoria—definitions and headings 33

23 Change of name to Development Victoria—sections 5 to 69 3324 Change of name to Development Victoria—sections 4 to 49 3425 Change of name to Development Victoria—sections 51F to 62 3426 Change of name to Development Victoria—sections 63 to 79 3527 Change of name to Development Victoria—sections 46 to 75 35

1

28 Consequential amendment to section 42 3629 Consequential amendment to heading to Part 6 36

Part 4—Amendments to other Acts 37

30 Amendment to the Borrowing and Investment Powers Act 1987 3731 Amendments to the Building Act 1993 3732 Amendment to the City of Melbourne Act 2001 3833 Amendments to the Docklands Act 1991 3834 Amendments to the Environment Protection Act 1970 4035 Amendments to Land Tax Act 2005 4136 Amendment to the Melbourne City Link Act 1995 4137 Amendments to the Subdivision Act 1988 4138 Amendments to the Transport Integration Act 2010 4239 Amendments to the Treasury Corporation of Victoria Act 1992 42

Part 5—Repeal of amending Act 43

40 Repeal of amending Act 43═══════════════

Endnotes 44

1 General information 44

Urban Renewal Authority Victoria Amendment (Development Victoria)

Act 2017†

No. 10 of 2017

[Assented to 27 March 2017]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purpose

The main purpose of this Act is to amend the Urban Renewal Authority Victoria Act 2003—

(a) to abolish the Urban Renewal Authority Victoria and establish Development Victoria as its successor in law; and

Victoria

1

(b) to amend the name of that Act as a result of the establishment of Development Victoria; and

(c) to amend the purpose of that Act to reflect the purposes of Development Victoria; and

(d) to set out additional functions of Development Victoria; and

(e) to provide additional eligibility criteria for appointment to the board of Development Victoria; and

(f) to set out a process for the transfer of certain nominated projects under the Project Development and Construction Management Act 1994 to Development Victoria for it to develop or manage the development of the projects.

2 Commencement

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

(2) If a provision of this Act does not come into operation before 30 November 2017, it comes into operation on that day.

3 Principal Act

In this Act, the Urban Renewal Authority Victoria Act 2003 is called the Principal Act.

Section Page

2

Part 2—Amendment of the Urban Renewal Authority Victoria Act 2003

4 Title

In the title to the Principal Act, for "Urban Renewal Authority" substitute "Development".

5 Purpose

For section 1 of the Principal Act substitute—

"1 Purpose

The main purpose of this Act is to establish Development Victoria for the following purposes—

(a) 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—

(i) surplus and underutilised Crown land; and

(ii) other Crown land or public land;

(b) 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;

(c) to undertake new declared projects, and complete existing declared projects;

Part 5—Repeal of amending Act


No. 10 of 2017

3

(d) to complete certain existing government and government agency projects;

(e) to complete the development of the Docklands area.".

6 Definitions

In section 3 of the Principal Act—

(a) the definition of Authority is repealed;

(b) insert the following definitions—

"Department has the same meaning as it has in the Public Administration Act 2004;

Development Victoria means the body corporate established under section 5;

instrument includes a document and an oral agreement;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

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;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

social and economic capital works project includes a project for the development of—

(a) public facilities; or



No. 10 of 2017

4

(b) civic or open space infrastructure; or

(c) buildings and facilities to be used by government agencies or public statutory bodies;";

(c) the definition of urban renewal is repealed.

7 Heading to Part 2 substituted

For the heading to Part 2 of the Principal Act substitute—

"Part 2—Development Victoria".

8 Establishment

In section 5(1) of the Principal Act, for "Urban Renewal Authority Victoria" substitute "Development Victoria".

9 Functions

(1) For section 7(1) of the Principal Act substitute—

"(1) The functions of Development Victoria are the following—

(a) 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;

(b) 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;

(c) if requested to do so by the Minister, to carry out property development and



No. 10 of 2017

5

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;

(d) 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;

(e) to develop or manage the development of declared projects;

(f) any other functions conferred on Development Victoria by this Act;

(g) the functions conferred on Development Victoria by the Docklands Act 1991;

(h) any functions conferred on Development Victoria by any other Act.

(1A) In carrying out, or managing the carrying out of, property development or social and economic capital works projects, Development Victoria must—

(a) ensure property development and social and economic capital works projects and activities are carried out in accordance with government policies and strategies, including—

(i) urban development policies and strategies; and

(ii) policies and strategies relating to housing affordability and housing diversity; and



No. 10 of 2017

6

(b) promote best practice in property development and social and economic capital works projects and activities.".

(2) In section 7(2) of the Principal Act, for "on a commercial basis" substitute "using commercial disciplines".

10 Authority subject to the direction and control of the Minister

In section 9(4) of the Principal Act, for "urban renewal" substitute "property development or social and economic capital works".

11 Delegation

(1) In section 11(2)(b) of the Principal Act, for "section 50" substitute "section 51F".

(2) In section 11(2)(c) of the Principal Act, omit ", 35D, 35E".

12 Reciprocal arrangements with public sector agencies

In section 13(1) of the Principal Act, for "the Governor in Council given on the Minister's recommendation" substitute "the Minister,".

13 Grant of land to Authority

(1) In section 14(2) of the Principal Act, for "this section" substitute "subsection (1)".

(2) After section 14(2) of the Principal Act insert—

"(3) Despite subsection (2), the Governor in Council, on the recommendation of the Minister and the Treasurer, may authorise Development Victoria to pay into the General Fund an amount determined by the Governor in Council, being a portion of the net proceeds of the sale of any land



No. 10 of 2017

7

granted to Development Victoria under subsection (1).".

14 Approval required for acquisition of private land

In section 15(2)(c) of the Principal Act, for "public authority" substitute "public statutory body".

15 Eligibility criteria for appointment of directors

In section 19A of the Principal Act—

(a) in paragraph (h), for "law." substitute "law; and";

(b) after paragraph (h) insert—

"(i) public policy.".

16 Limitations on indemnity

Section 33(2) of the Principal Act is repealed.

17 New section 40A inserted

After section 40 of the Principal Act insert—

"40A Portion of net proceeds of sale of granted land payable into General Fund

Despite section 40(2) and (3), the Governor in Council, on the recommendation of the Minster, the Treasurer and the Minister administering section 12 of the Land Act 1958, may authorise Development Victoria to pay into the Project Fund an amount determined by the Governor in Council, being a portion of the net proceeds of the sale of any land granted to Development Victoria under section 40(1).".

18 Agreements that run with the land

(1) In section 49(2)(c) of the Principal Act, for "omitted;" substitute "omitted.".

(2) Section 49(2)(d) of the Principal Act is repealed.



No. 10 of 2017

8

(3) After section 49(2) of the Principal Act insert—

"(3) Development Victoria must consult with the municipal district in which the land is located before entering into an agreement under subsection (1) concerning the use or development of that land.".

19 New Part 3A inserted

After Part 3 of the Principal Act insert—

"Part 3A—Transfer of designated projects to Development Victoria

56A Definitions

In this Part—

allocation statement means an allocation statement made under section 56D;

designated project means a project designated by the relevant Ministers under section 56B;

former agency property means property, rights or liabilities of the nominated agency that, under this Part, have vested in or become liabilities of Development Victoria;

nominated agency in relation to a project, means the public statutory body that is, immediately before the relevant date, responsible for managing or delivering the project;

nominated agency instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—



No. 10 of 2017

9

(a) to which the nominated agency was a party; or

(b) that was given to or in favour of the nominated agency; or

(c) that refers to the nominated agency; or

(d) under which—

(i) money is, or may become, payable to or by the nominated agency; or

(ii) other property is to be, or may become liable to be, transferred to or by the nominated agency;

relevant date, in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the relevant Ministers under section 56C for the purposes of that statement;

relevant Ministers means—

(a) the Ministers administering this Act; and

(b) in relation to a project, the Minister administering the Act under which the project is being carried out, or under which the nominated agency is carrying out the project.

56B Ministers may designate project

(1) The relevant Ministers, by instrument, may designate any project of a nominated agency as a designated project for the purposes of this Part.



No. 10 of 2017

10

(2) An instrument under this section must specify the nominated agency of the designated project.

56C Ministers may fix relevant date

The relevant Ministers, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under section 56D.

56D Development Victoria and nominated agency to prepare allocation statement or statements

(1) Development Victoria and the nominated agency must give to the relevant Ministers and the Treasurer, within the period approved by the relevant Ministers and the Treasurer, a statement or statements approved by the Treasurer and the relevant Ministers relating to the property, rights and liabilities of the nominated agency in relation to a designated project as at the relevant date.

(2) A statement under this section in relation to a designated project—

(a) must allocate to Development Victoria all the property, rights and liabilities of the nominated agency which relate to the project; and

(b) must specify the provisions of Divisions 2, 3, 4, 5, 5A and 6 of Part 3 which are to apply in relation to the project; and

(c) must be signed on behalf of the nominated agency and Development Victoria.



No. 10 of 2017

11

(3) If a statement under this section is approved by the Treasurer and the relevant Ministers—

(a) the Treasurer and the relevant Ministers must sign the statement; and

(b) the statement is an allocation statement for the purposes of this Part.

(4) The Treasurer and the relevant Ministers may at any time direct the nominated agency and Development Victoria to amend a statement given to them under this section as specified in the direction.

(5) An allocation statement under this section may be amended in writing signed by the Treasurer and the relevant Ministers.

(6) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.

56E Certificate of nominated agency

(1) A certificate signed on behalf of the nominated agency certifying that property, rights or liabilities of the nominated agency specified in the certificate have been allocated under an allocation statement to Development Victoria is, unless revoked under subsection (2), admissible in evidence in any proceedings and, in the absence of evidence to the contrary, proof—

(a) that the property, rights or liabilities have been so allocated; and

(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of Development Victoria on the relevant date.



No. 10 of 2017

12

(2) If the Treasurer and the relevant Ministers so direct the nominated agency in writing, the nominated agency must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.

(3) The nominated agency—

(a) must keep a register of certificates issued under this section; and

(b) must make the register reasonably available for inspection by Development Victoria or any other interested person.

56F Property and powers transferred to Development Victoria

On the relevant date—

(a) all property and rights of the nominated agency that are allocated under an allocation statement to Development Victoria vest in Development Victoria; and

(b) all liabilities of the nominated agency that are allocated under an allocation statement to Development Victoria become liabilities of Development Victoria; and

(c) all provisions of Division 2, 3, 4, 5, 5A or 6 of Part 3 that are specified in an allocation statement apply in relation to the project as if on the relevant date a project order had been made in relation to the project and that order had specified those provisions.



No. 10 of 2017

13

56G Allocation of property etc. subject to encumbrances

Unless an allocation statement otherwise provides, if, under this Part, property and rights vest in Development Victoria or liabilities become liabilities of Development Victoria—

(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before vesting; and

(b) the rights to which the nominated agency was entitled in respect of those liabilities immediately before they ceased to be liabilities of that agency vest in Development Victoria.

56H Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of the nominated agency under an agreement are allocated to Development Victoria—

(a) Development Victoria becomes, on the relevant date, a party to the agreement in place of the nominated agency; and

(b) on and after the relevant date, the agreement has effect as if Development Victoria had always been a party to the agreement.

56I Nominated agency instruments

Each nominated agency instrument relating to former agency property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the nominated agency were a reference to Development Victoria.



No. 10 of 2017

14

56J Proceedings

If, immediately before the relevant date, any proceeding relating to former agency property (including arbitration proceedings) to which the nominated agency was a party is pending or existing in any court or tribunal, then, on and after that date, Development Victoria is substituted for the nominated agency as a party to the proceeding and has the same rights in the proceeding as the nominated agency had.

56K Interests in land

Without affecting the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, the nominated agency is, in relation to former agency property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(a) Development Victoria is taken to be the registered proprietor of that interest in land; and

(b) Development Victoria has the same rights and remedies in respect of that interest as the nominated agency had.

56L Action by Registrar of Titles

On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part.



No. 10 of 2017

15

56M Taxes

No land transfer duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the nominated agency.

56N Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of the nominated agency in relation to former agency property if this Part had not been enacted, is admissible for or against the interests of Development Victoria.

(2) The Evidence Act 2008 applies with respect to the books of account of the nominated agency and to entries made in those books of account before the relevant date, whether or not they relate to former agency property, as if those books of account and entries were business records of Development Victoria.

56O Designated projects that are nominated projects under the Project Development and Construction Management Act 1994

(1) This section applies if a designated project is a nominated project within the meaning of the Project Development and Construction Management Act 1994.



No. 10 of 2017

16

(2) Despite anything to the contrary in the Project Development and Construction Management Act 1994, on the relevant date—

(a) the designated project, by force of this section, ceases to be a nominated project; and

(b) the nomination order under that Act that declares the designated project as a nominated project and any application order under that Act relating to the nominated project is, by force of this section, revoked.

56P Validity of things done under this Part

(1) Nothing effected by this Part or done or suffered by the nominated agency, the State, a Minister or Development Victoria under this Part—

(a) is to be regarded as placing the nominated agency, the State, a Minister or Development Victoria in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or



No. 10 of 2017

17

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d) releases any surety or other obligee wholly or in part from any obligation.

(2) The validity of any act or transaction of the nominated agency must not be called in question in any proceeding on the ground that any provision of this Part has not been complied with.

(3) In this section Act does not include the Charter of Human Rights and Responsibilities.".

20 Annual report

In section 69 of the Principal Act—

(a) in paragraph (b), for "completed." substitute "completed; and";

(b) after paragraph (b) insert—

"(c) in respect of each declared project being delivered by the Authority during the financial year, details of value creation and capture, including—

(i) community services, benefits and infrastructure;

(ii) increase in social capital;

(iii) enhancements to public amenity;

(iv) commercial outcomes;

(v) productivity enhancements;

(d) a report on the financial status of each declared project.".



No. 10 of 2017

18

21 New Parts 9 and 10 and Schedule 1 inserted

After Part 8 of the Principal Act insert—

"Part 9—Urban Renewal Authority Victoria Amendment (Development

Victoria) Act 2017—Savings and transitional provisions—

establishment of Development Victoria

86 Definitions

In this Part—

commencement day means the day on which section 8 of the Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017 comes into operation;

old Authority means the Urban Renewal Authority Victoria established by the Urban Renewal Authority Victoria Act 2003.

87 Transitional provision—Urban Renewal Authority Victoria

On the commencement day—

(a) the old Authority is abolished and its members go out of office; and

(b) all members of the old Authority immediately before the commencement day are taken to be members of Development Victoria on the same terms and conditions as applied to that person immediately before the commencement day as a member of the old Authority; and



No. 10 of 2017

19

(c) the Chairperson of the old Authority immediately before the commencement day is taken to be the Chairperson of Development Victoria on the same terms and conditions as applied to the Chairperson immediately before the commencement day as Chairperson of the old Authority; and

(d) the Deputy Chairperson of the old Authority immediately before the commencement day is taken to be the Deputy Chairperson of Development Victoria on the same terms and conditions as applied to the Deputy Chairperson immediately before the commencement day as Deputy Chairperson of the old Authority; and

(e) Development Victoria is the successor in law of the old Authority; and

(f) all rights, assets, liabilities and obligations of the old Authority immediately before its abolition become rights, assets, liabilities and obligations of Development Victoria; and

(g) all moneys standing to the credit of the General Fund of the old Authority become moneys standing to the credit of the General Fund of Development Victoria under this Act; and

(h) all moneys standing to the credit of the Project Fund of the old Authority become moneys standing to the credit of the Project Fund of Development Victoria under this Act; and



No. 10 of 2017

20

(i) all moneys standing to the credit of the Docklands Fund (within the meaning of the Docklands Act 1991) of the old Authority become moneys standing to the credit of the Docklands Fund of Development Victoria under that Act; and

(j) Development Victoria is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the old Authority; and

(k) Development Victoria may continue and complete any other continuing matter or thing commenced by or against or in relation to the old Authority.

88 Action by Registrar of Titles


89 Transitional provision—staff of the old Authority

(1) On the commencement day, all persons who are employees of the old Authority immediately before the commencement day are taken to be employees of Development Victoria on the same terms and conditions and with the same accrued and accruing entitlements as applied to that person immediately before the commencement day as an employee of the old Authority.



No. 10 of 2017

21

(2) If subsection (1) applies to a person—

(a) the service of the person as an employee with Development Victoria is to be regarded for all purposes as having been continuous with the service of the employee with the old Authority; and

(b) the person is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old Authority.

(3) Nothing in this section prevents an employee of the old Authority from resigning or being dismissed at any time after the commencement day in accordance with the terms and conditions of the employee's employment.

90 Transitional provision—superseded references

On and after the commencement day, in any Act (other than this Act) or in any instrument made under any Act or in any other document—

(a) a reference to the Urban Renewal Authority Victoria Act 2003 is taken to be a reference to the Development Victoria Act 2003; and

(b) a reference to the Urban Renewal Authority Victoria or to Places Victoria is taken to be a reference to Development Victoria—

so far as it relates to any period after that commencement, unless the context otherwise requires.



No. 10 of 2017

22

91 Savings provision—corporate plan

On and after the commencement day, the corporate plan that was prepared under section 57 and in force immediately before the commencement day is taken to be the corporate plan prepared in respect of Development Victoria, and may be amended in accordance with this Act.

92 Regulations dealing with transitional matters

(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017, including any repeals and amendments made by or as a result of the enactment of that Act.

(2) Regulations made under this section may—

(a) have a retrospective effect to a day on or after a date not earlier than the day on which the Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017 receives Royal Assent; and

(b) be of limited or general application; and

(c) differ according to time, place or circumstance; and

(d) leave any matter or thing to be decided by a specified person or class of person.



No. 10 of 2017

23

(3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4) Sections 6 and 7 of the Subordinate Legislation Act 1994 do not apply to any regulations made under this section.

(5) This section expires on the second anniversary of the day on which it comes into operation.

Part 10—Transitional provisions—transfer of nominated projects to

Development Victoria 93 Definitions

In this Part—

application order has the same meaning as it has in the Project Development and Construction Management Act 1994;

commencement day means the day on which section 8 of the Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017 comes into operation;

facilitating agency has the same meaning as it has in the Project Development and Construction Management Act 1994;

former agency means a public statutory corporation that, immediately before the commencement day, was the facilitating agency in respect of a relevant development;



No. 10 of 2017

24

former agency instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the commencement day—

(a) to which the former agency was a party; or

(b) that was given to or in favour of the former agency; or

(c) that refers to the former agency; or

(d) under which—

(i) money is, or may become, payable to or by the former agency; or

(ii) other property is to be, or may become liable to be, transferred to or by the former agency;

nominated project has the same meaning as it has in the Project Development and Construction Management Act 1994;

nomination order has the same meaning as it has in the Project Development and Construction Management Act 1994;

public statutory corporation has the same meaning as it has in the Project Development and Construction Management Act 1994;

relevant development means a nominated project specified in Column 2 of Schedule 1.



No. 10 of 2017

25

94 Transfer of nominated projects to Development Victoria

(1) This section applies to a relevant development.

(2) On and after the commencement day—

(a) the relevant development is taken to be a declared project as if a project order had been made under Part 3 in respect of that relevant development; and

(b) the provisions of Divisions 2, 3, 4, 5, 5A, and 6 of Part 3 specified in Column 3 of Schedule 1 apply in relation to the relevant development; and

(c) all property of the former agency forming part of and used solely for the relevant development vests in Development Victoria; and

(d) all rights and liabilities of the former agency in relation to the relevant development become liabilities of Development Victoria; and

(e) despite anything to the contrary in the Project Development and Construction Management Act 1994—

(i) the relevant development, by force of this section, ceases to be a nominated project; and

(ii) the nomination order under that Act that declares the relevant development as a nominated project and any application order under that Act relating to the relevant development as a



No. 10 of 2017

26

nominated project is, by force of this section, revoked.

(3) Without limiting the Interpretation of Legislation Act 1984, a project order taken to have been made under this section may be amended or revoked as if it had been made under Part 3.

95 Vesting of property etc. subject to encumbrances

If, under this Part, property and rights vest in Development Victoria or liabilities become liabilities of Development Victoria—

(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before vesting; and

(b) the rights to which the former agency was entitled in respect of those liabilities immediately before they ceased to be liabilities of that agency vest in Development Victoria.

96 Substitution of party to agreement

If, under this Part, the rights and liabilities of the former agency under an agreement vest in Development Victoria—

(a) Development Victoria becomes, on the commencement day, a party to the agreement in place of the former agency; and

(b) on and after the commencement day, the agreement has effect as if Development Victoria had always been a party to the agreement.



No. 10 of 2017

27

97 Former agency instruments

Each former agency instrument relating to property vested in Development Victoria under this Part continues to have effect according to its tenor on and after the commencement day as if a reference in the instrument to the former agency were a reference to Development Victoria.

98 Proceedings

If, immediately before the commencement day, any proceeding relating to property, rights or liabilities that, under this Part, have vested in or become liabilities of Development Victoria (including arbitration proceedings) to which the former agency was a party were pending or existing in any court or tribunal, then, on and after the commencement day, Development Victoria is substituted for the former agency as a party to the proceeding and has the same rights in the proceeding as the former agency had.

99 Interests in land

Without affecting the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the commencement day, the former agency is, in relation to property, rights or liabilities that, under this Part, have vested in or become liabilities of Development Victoria, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that day—

(a) Development Victoria is taken to be the registered proprietor of that interest in land; and



No. 10 of 2017

28

(b) Development Victoria has the same rights and remedies in respect of that interest as the former agency had.

100 Action by Registrar of Titles


101 Taxes

No land transfer duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the former agency.

102 Evidence

(1) Documentary or other evidence that, if this Part had not been enacted, would have been admissible for or against the interests of the former agency in relation to property, rights or liabilities that, under this Part, have vested in or become liabilities of Development Victoria, is admissible for or against the interests of Development Victoria.

(2) The Evidence Act 2008 applies with respect to the books of account of the former agency and to entries made in those books of account before the commencement day, whether or not they relate to property, rights or liabilities that, under this Part, have vested in or become liabilities of Development



No. 10 of 2017

29

Victoria, as if those books of account and entries were business records of Development Victoria.

103 Validity of things done under this Part

(1) Nothing effected by this Part or done or suffered by the former agency, the State, a Minister or Development Victoria under this Part—

(a) is to be regarded as placing the former agency, the State, a Minister or Development Victoria in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d) releases any surety or other obligee wholly or in part from any obligation.

(2) The validity of any act or transaction of the former agency must not be called in question in any proceeding on the ground that any provision of this Part has not been complied with.



No. 10 of 2017

30

(3) In this section Act does not include the Charter of Human Rights and Responsibilities.

Schedule 1—Projects to be transferred to Development

VictoriaSection 93

Table

Column 1Item

Column 2Relevant development

Column 3Applicable Part 3 powers

1. Ballarat West Employment Zone Development declared under the nomination order published in the Government Gazette No G41 at page 2357 on 9 October 2014

All powers under sections 39, 40, 41, 42, 43, 46, 47, 53, 54, 55

2. Commonwealth Games Village Project declared under the nomination order published in the Government Gazette No S233 at page 1 on 5 September 2006

All powers under sections 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 53, 54, 55

3. Flinders Street Station Administration Building Project declared under the nomination order published in the Government Gazette No S333 at page 1 on 10 November 2015

All powers under sections 41, 53, 54, 55

4. Kew Residential Services Redevelopment Project declared under the nomination order published in the Government Gazette No G35 at page 1972 on 1 September 2005

All powers under sections 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 52, 53, 54, 55



No. 10 of 2017

31

Column 1Item

Column 2Relevant development

Column 3Applicable Part 3 powers

5. Melbourne Park Redevelopment declared under the nomination order published in the Government Gazette No S380 at page 1 on 21 September 2010

All powers under sections 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 53, 54, 55

6. Palais Theatre Project declared under the nomination order published in the Government Gazette No G51 at page 2784 on 24 December 2015

All powers under sections 40, 41, 42, 44, 47, 48, 49, 53, 54, 55

7. State Library Redevelopment Project declared under the nomination order published in the Government Gazette No G51 at page 2785 on 24 December 2015

All powers under sections 40, 41, 42, 44, 47, 48, 49, 53, 54

8. State Library Victoria, Ballarat Off Site Store Module 2 Project declared under the nomination order published in the Government Gazette No G40 at page 2500 on 6 October 2016

All powers under sections 40, 41, 44, 47, 48, 49, 53, 54

".



No. 10 of 2017

32

Part 3—Consequential amendments to the Urban Renewal Authority Victoria Act 2003

22 Change of name to Development Victoria—definitions and headings

(1) In section 3 of the Principal Act—

(a) in the definition of board, for "the Authority" substitute "Development Victoria";

(b) in the definition of holding and selling costs, for "the Authority" (wherever occurring) substitute "Development Victoria";

(c) in the definition of staff, for "the Authority" substitute "Development Victoria".

(2) In the heading to sections 4, 8, 40, 64 and 73 of the Principal Act, for "the Authority" substitute "Development Victoria".

(3) In the heading to sections 9, 12 ,14, 31, 32, 36, 37, 47, 51Y, 51ZA, 51ZC, 51ZF and 51ZN of the Principal Act, for "Authority" substitute "Development Victoria".

23 Change of name to Development Victoria—sections 5 to 69

(1) In sections 5(2), 8(1), 9(1) and (2), 16(1) and (2), 27(1), 41(3), 42(5), 44(2) and (4), 46(1), (2), (5) and (8), 47(1), 48 and 49(1) of the Principal Act, for "The Authority" substitute "Development Victoria".

(2) In sections 51E(1) and (4), 51I(1), 51J(1), 51Q(1) and (3), 51R(1), 51V(1), 51W(1), 51X(1), 51Y(1), 51Z, 51ZA(1), 51ZC(3), 51ZD(1), 51ZE, 51ZF(1) and (2), 51ZO(6), 54(3), 56(1), 59, 62(1) and (3), 63(1) and (3), 64, 66 and 69 of the Principal Act,



No. 10 of 2017

33

for "The Authority" substitute "Development Victoria".


(1) In sections 4, 5(3), 5(4) (wherever occurring), 7(2), 8(2), (2)(a), 10(1)(a), 11(1), (1)(a), (b), (c), (2)(a), (b), (c), 12(1) and (2), 13(1), (1)(a), (b) (where twice occurring), (c), (2) and 14(1) and (2) (where twice occurring) of the Principal Act, for "the Authority" substitute "Development Victoria".

(2) In sections 15(1), 16(1), (1)(b), (3), (5), 17(1), (2)(a), (b), 19(1), (2), 19A, 20(1), (2), 21(3), (4), 22(1), (2) (where twice occurring), (3), (4), 23(1), (2), (3), 24(1)(a), 25(2) (where twice occurring), (3) and (4) of the Principal Act, for "the Authority" substitute "Development Victoria".

(3) In sections 28(1)(a), 29(1)(a), 30(1), (2), (3) (where twice occurring), (4) (where twice occurring), 31 (wherever occurring), 31(b), 32(1), (1)(a), (2) (where twice occurring), 33(1) (wherever occurring), 34(4)(a), (b), 35(2) (where twice occurring), 36 and 37 (where twice occurring) of the Principal Act, for "the Authority" substitute "Development Victoria".

(4) In sections 40(1), (2) (where twice occurring), (5) (where twice occurring), 41(1) (where twice occurring), (2), 42(1), (3), (4), 43(3), 44(1)(b), (3), (4), 46(4), (4)(b), 47(2) and 49(2)(b) of the Principal Act, for "the Authority" substitute "Development Victoria".

25 Change of name to Development Victoria—sections 51F to 62

(1) In sections 51D(3), 51F(1), (1)(a), (b), (c), (d), 51I(3), 51M(1), 51V(1), 51W(1), (1)(a), (b), (c),



No. 10 of 2017

34

51X(1), (1)(a), (b), (c), 51Y(2), 51ZA(2)(b), 51ZC(1), (2), 51ZD(2), 51ZG, 51ZH, 51ZK (where twice occurring), 51ZL(1) (where twice occurring), (2) (where twice occurring), (3), 51ZM(5), 51ZN(1) (where twice occurring) and (2) (where twice occurring) of the Principal Act, for "the Authority" substitute "Development Victoria".

(2) In sections 51ZO(1), (3)(a), (5), 53(1), (2) (where twice occurring), (3) (where twice occurring), (4), 54(1), 56(1), (3)(b), (4) (where twice occurring), (5), 57(12), 58, 58(a), (b), (c), (e), (f), 60 (where twice occurring), 61(a), 62(2)(a), (c), (3)(a), (b) and (c) (where twice occurring) of the Principal Act, for "the Authority" substitute "Development Victoria".


(1) In sections 63(2)(a), (c), (3)(a), (b), (c), 65(1), (1)(a), (c), (2), 67(1) (where twice occurring), (1)(b), (2), 71 (where twice occurring), 71(b), 72(1) (where twice occurring), 73, 73(a), (b), (c) and 74 (where twice occurring) of the Principal Act, for "the Authority" substitute "Development Victoria".

(2) In sections 75(1)(a), (c), (d), (e), (2) (wherever occurring), (3) (where twice occurring), (4) (wherever occurring), 76(1) (wherever occurring), (2), (2)(d), (3), (5) and 79(1)(a) (wherever occurring) of the Principal Act, for "the Authority" substitute "Development Victoria".


In sections 46(4)(b), 47(2), 51ZK, 51ZN(1)(c), (2)(b), 65(1)(b), (d), (3), 72(1), 75(1)(b), (f) and (4)



No. 10 of 2017

35

of the Principal Act, for "the Authority's" substitute "Development Victoria's".

28 Consequential amendment to section 42

In section 42(2)(b) of the Principal Act, for "the Victorian Urban Development Authority" substitute "Development Victoria".

29 Consequential amendment to heading to Part 6

For the heading to Part 6 of the Principal Act substitute—

"Part 6—Reports by Development Victoria".



No. 10 of 2017

36

Part 4—Amendments to other Acts30 Amendment to the Borrowing and Investment

Powers Act 1987

In Schedule 1 to the Borrowing and Investment Powers Act 1987, in column 1 of item 23AB, for "Urban Renewal Authority Victoria" substitute "Development Victoria".

31 Amendments to the Building Act 1993

(1) In the heading to section 18A of the Building Act 1993, for "VicUrban" substitute "Development Victoria".

(2) In section 18A(1)(a) of the Building Act 1993, for "Victorian Urban Development Authority Act 2003" substitute "Development Victoria Act 2003".

(3) In section 18A(2)(a) and (b) of the Building Act 1993, for "the Urban Renewal Authority Victoria" substitute "Development Victoria".

(4) In section 24(3) of the Building Act 1993—

(a) for "the Urban Renewal Authority Victoria" substitute "Development Victoria";

(b) for "the Authority" (where twice occurring) substitute "Development Victoria";

(c) for "Urban Renewal Authority Victoria Act 2003" substitute "Development Victoria Act 2003".

(5) In the heading to section 32A of the Building Act 1993, for "VicUrban" substitute "Development Victoria".

(6) In section 32A(1)(a) of the Building Act 1993, for "Victorian Urban Development Authority Act 2003" substitute "Development Victoria Act 2003".



No. 10 of 2017

37

(7) In section 32A(2)(a) and (b) of the Building Act 1993, for "the Urban Renewal Authority Victoria" substitute "Development Victoria".

32 Amendment to the City of Melbourne Act 2001

In section 3 of the City of Melbourne Act 2001, for the definition of Authority substitute—

"Authority means Development Victoria established by the Development Victoria Act 2003;".

33 Amendments to the Docklands Act 1991

(1) In section 3 of the Docklands Act 1991—

(a) the definition of Authority is repealed;

(b) in the definition of chief executive—

(i) for "Urban Renewal Authority Victoria Act 2003" substitute "Development Victoria Act 2003";

(ii) for "the Authority" substitute "Development Victoria";

(c) insert the following definition—

"Development Victoria means Development Victoria established by the Development Victoria Act 2003;";

(d) in the definition of holding and selling costs, for "the Authority" (wherever occurring) substitute "Development Victoria";

(e) in the definition of staff—

(i) for "the Authority" substitute "Development Victoria";

(ii) for "Victorian Urban Development Authority Act 2003" substitute "Development Victoria Act 2003".



No. 10 of 2017

38

(2) In the heading to sections 6, 23 and 65 of the Docklands Act 1991, for "Authority" substitute "Development Victoria".

(3) In the heading to sections 9, 10 and 18 of the Docklands Act 1991, for "the Authority" substitute "Development Victoria".

(4) For the heading to Part 2 of the of the Docklands Act 1991 substitute—

"Part 2—Development Victoria".

(5) In the heading to Part 3 of the of the Docklands Act 1991, for "the Authority" substitute "Development Victoria".

(6) In section 19(3)(b) of the Docklands Act 1991, for "the Victorian Urban Development Authority" substitute "Development Victoria".

(7) In section 19A of the Docklands Act 1991, for "Victorian Urban Development Authority Act 2003" substitute "Development Victoria Act 2003".

(8) In the heading to section 22 of the Docklands Act 1991, for "Authority's" substitute "Development Victoria's".

(9) In sections 4(5)(b), 8, 9(1), (2), 11(3), 17(1), 18(1), (2) (where twice occurring), (4) (where twice occurring), 19(1), (2), (4) (where twice occurring), 19A (where twice occurring), 20(1)(b), (3), 22(1), (4)(a), 23(2), 24(2), (3)(b), 25(1), (1)(a), (b), (c), (d), (2)(f), (4A), (6) and (7) of the Docklands Act 1991, for "the Authority" substitute "Development Victoria".



No. 10 of 2017

39

(10) In sections 26(1), 28(1), (2) (where twice occurring), (2A) (where twice occurring), (3), 29(1), 34(1)(a), 35(1), 35A(1), (3)(a)(ii), (3)(b), (4) (where twice occurring), (5), 40(4) (wherever occurring) and 48 (where twice occurring) of the Docklands Act 1991, for "the Authority" substitute "Development Victoria".

(11) In sections 49(1)(g), (2) (wherever occurring), (3) (where twice occurring), 54(1), (1)(d), (f), (j), (k), (l), 55(5), 58(1) (where twice occurring), (2), 59(1) (where twice occurring), (3), 61, 62(2)(a), (d), (f), 63, 64, 66(3)(a), (a)(i), 67(1)(a), (b), (3)(a), (7) (where twice occurring), 68(2), (4), 69 and 70(1) of the Docklands Act 1991, for "the Authority" substitute "Development Victoria".

(12) In sections 6, 10, 11(1), (2), 20(2), (4), 22(2), (3), 23(1), 24(1), 29(3), 35(2), 35A(1), 36(1), (2), (3), 55(1), (2), 62(4), 65(1) and 67(2) of the Docklands Act 1991, for "The Authority" substitute "Development Victoria".

(13) In section 22(1), (1)(b), 23(2), 42(1) and 55(2) of the Docklands Act 1991, for "the Authority's" substitute "Development Victoria's".

(14) In section 24(3)(c) of the Docklands Act 1991, for "omitted;" substitute "omitted.".

(15) Section 24(3)(d) of the Docklands Act 1991 is repealed.

34 Amendments to the Environment Protection Act 1970

(1) In section 50AC(f) of the Environment Protection Act 1970, for "the Urban Renewal Authority Victoria" substitute "Development Victoria".



No. 10 of 2017

40

(2) In section 50BC(e) of the Environment Protection Act 1970, for "the Urban Renewal Authority Victoria" substitute "Development Victoria".

35 Amendments to Land Tax Act 2005

(1) In section 82(1)(b) of the Land Tax Act 2005, for "the Urban Renewal Authority Victoria" substitute "Development Victoria".

(2) In section 82(2) of the Land Tax Act 2005—

(a) for "Victorian Urban Development Authority Act 2003" substitute "Development Victoria Act 2003";

(b) for "the Urban Renewal Authority Victoria" substitute "Development Victoria".

36 Amendment to the Melbourne City Link Act 1995

In section 62(1)(b) of the Melbourne City Link Act 1995, for "the Urban Renewal Authority Victoria" substitute "Development Victoria".

37 Amendments to the Subdivision Act 1988

(1) In section 21(2A) and (2C) of the Subdivision Act 1988—

(a) for "Victorian Urban Development Authority Act 2003" substitute "Development Victoria Act 2003";

(b) for "the Victorian Urban Development Authority" (wherever occurring) substitute "Development Victoria".

(2) In section 21(2C)(b) of the Principal Act, for "the Authority" substitute "Development Victoria".



No. 10 of 2017

41

38 Amendments to the Transport Integration Act 2010

In section 3 of the Transport Integration Act 2010—

(a) in the definition of interface body, in paragraph (g)—

(i) for "Urban Renewal Authority Victoria Act 2003" substitute "Development Victoria Act 2003";

(ii) for "the Urban Renewal Authority Victoria" substitute "Development Victoria";

(b) in the definition of interface legislation, for "Victorian Urban Development Authority Act 2003" substitute "Development Victoria Act 2003".

39 Amendments to the Treasury Corporation of Victoria Act 1992

(1) In section 36A of the Treasury Corporation of Victoria Act 1992, in the definition of public authority, for "the Urban Renewal Authority Victoria" substitute "Development Victoria".

(2) In Schedule 1 to the Treasury Corporation of Victoria Act 1992—

(a) in column 1, for "Urban Renewal Authority Victoria" substitute "Development Victoria";

(b) in column 2, for "Urban Renewal Authority Victoria Act 2003" substitute "Development Victoria Act 2003".



No. 10 of 2017

42

Part 5—Repeal of amending Act40 Repeal of amending Act

This Act is repealed on 30 November 2018.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════



No. 10 of 2017

43

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


No. 10 of 2017

44

http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 23 November 2016

Legislative Council: 7 February 2017

The long title for the Bill for this Act was "A Bill for an Act to amend the Urban Renewal Authority Victoria Act 2003 to abolish the Urban Renewal Authority Victoria, to establish Development Victoria as its successor in law, to set out a process for the transfer of certain nominated projects under the Project Development and Construction Management Act 1994 to Development Victoria for it to develop or manage the development of the projects, to consequentially amend other Acts and for other purposes."

urban renewal authority victoria amendment (development ...file/17-010a.docx · web viewpage....

Documents