Project construction work means work for the construction of the Project; Project Document means a document of a class that is designated in the Agreement as a Project Document; public authority means any body (including any trust) established by or under an Act for a public purpose, other than a Council; public land means— (a) Crown land; or (b) land owned by or vested in a public authority; rectification includes repair, replacement and reinstatement; S. 3(1) def. of registered operator inserted by No. 74/2007 s. 39(a). registered operator has the same meaning as in section 3(1) of the Road Safety Act 1986; reserved Crown land means land reserved or deemed to be reserved for any public purpose under the (Reserves) Act 1978; reserved project land means land that is deemed to be temporarily reserved under section 4(1) of the (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project; S. 3(1) def. of responsible person inserted by No. 74/2007 s. 39(a). responsible person means— (a) the operator; or (b) the person nominated in an effective known user statement or an effective sold vehicle statement;
S. 3(1) def. of tollway operator inserted by No. 74/2007 s. 39(a). tollway operator means a person, other than the Freeway Corporation, who— (a) operates a tollway under a law of this State, or another State or of a Territory, or under an agreement between that person and the State or another State or Territory; and (b) is empowered or entitled, under that law or agreement, to levy or impose a toll or charge for the use of the tollway; traffic control centre means an area of land declared under section 8 to be the traffic control centre; s. 3 Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; S. 3(1) def. of trip substituted by Nos 95/2005 s. 4(3)(d), 14/2007 s. 15(1), 74/2007 s. 39(c). trip means the driving of a vehicle on EastLink— s. 3 (a) in a single direction; and (b) through one or more toll zones (without repeating a toll zone); and (c) within the space of a single hour; and (d) whether or not that driving is interrupted by exit from EastLink; and (e) that, if the driving is interrupted by exit from EastLink, involves re-entering at a point that is forwards of the point of exit; unnotified Utility infrastructure means Utility infrastructure—
(a) under which a Utility is authorised to provide an infrastructure service; or (b) that regulates the provision by the Utility of an infrastructure service; variation means an amendment of the Agreement made under section 17(2); variation statement means a statement setting out the terms of a variation; vehicle has the same meaning as motor vehicle has in the Road Safety Act 1986; S. 3(1) def. of VicRoads amended by No. 6/2010 s. 203(1) (Sch. 6 item 14(c)) (as amended by No. 45/2010 ss 22, 23(4)(a)(b)). s. 3 VicRoads means the Roads Corporation continued under section 80 of the Transport Integration Act 2010; works has the same meaning as it has in the Road Management Act 2004. (2) In this Act, the expressions just terms, native title, native title holder, native title rights and interests, registered native title body corporate and registered native title claimant have the same respective meanings as they have in the Native Title Act 1993 of the Commonwealth. (3) The Premier may determine a Minister as the Utility Minister for a Utility and if a determination is made that Minister is deemed to be the Utility Minister for that Utility for the purposes of this Act. S. 3(4) inserted by No. 14/2007 s. 15(3). (4) For the purposes of this Act, the period of a trip commences—
(a) any other party to the Agreement; or (b) a licensee in relation to the Project; or (c) a lessee in relation to the Project. 29 No warranty given s. 27 (1) Except as expressly provided in this Act or the Agreement, the State or a public authority must not be taken to have given— (a) any express or implied warranty to any person as to the accuracy of any information provided to the Freeway Corporation in connection with the Agreement; or (b) any express or implied representation to any person in relation to any matter disclosed in any tender document or negotiation relating to the Agreement. (2) Subsection (1) does not apply to a warranty or representation given under an Act if the Act expressly provides for a warranty or representation of that kind to be relied on by any person. 30 Agreement to be State contract (1) The Agreement is deemed to be a State contract for the purposes of the Information Privacy Act 2000. (2) Services performed under the Agreement are services in connection with the performance of the State's functions. S. 30(3) inserted by No. 14/2005 s. 12. (3) Despite subsection (1), the Information Privacy Act 2000 does not apply in relation to acts done or practices engaged in by the Freeway Corporation under the Agreement to the extent that the Freeway Corporation is bound by an approved privacy code within the meaning of the Privacy
acquisition of an interest in land, the Authority may ask— S. 44(2)(a) repealed by No. 93/2009 s. 39(2)(a). * * * * * (b) the Secretary to the Department of Infrastructure to transfer a building or structure from land owned by it to land owned by that person— in full or in part settlement of any compensation that the Authority is liable to pay. S. 44(3) amended by No. 93/2009 s. 39(2)(b). (3) The Secretary to the Department of Infrastructure may comply with a request under this section despite anything to the contrary in any other Act. 45 Adjoining land may be provided as compensation s. 45 (1) If the Authority acquires compulsorily under this Division part of a parcel of land owned by a person, the Authority may require that person to take land— (a) that adjoins the part of that parcel that was not acquired; and (b) that is owned by the Authority or is surplus land. (2) The value of that adjoining land must be deducted from any amount to be paid by way of
The reservation of land under section 57(5) may be amended, revoked and otherwise dealt with in accordance with the (Reserves) Act 1978. Division 2—Removal of reservations on land 59 Land Acts not to apply This Division has effect despite anything to the contrary in the (Reserves) Act 1978 or the Land Act 1958. 60 Revocation of reservation of Schedule 1 land (1) The Order in Council specified in item 1 in Schedule 1 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./04–044 and lodged in the Central Plan Office. (2) The reservation of land specified in item 2 in Schedule 1 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./04–045 and lodged in the Central Plan Office. 61 Revocation of reservations—entire reservation (1) If any Crown land permanently or temporarily reserved under the (Reserves) Act 1978 is entirely within the Project area, the Minister may recommend to the Governor in Council that the reservation of that land be revoked in its entirety. (2) On receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the following— (a) any Order in Council reserving the land;
(2) The Authority may issue a licence to any person to enter on and use the whole or part of— (a) any former Project land; or (b) any public land in the Extended Project area that is not in the Project area— for any of the other purposes of the Project. S. 90(3) amended by No. 14/2005 s. 18(1). (3) The Authority must consult with any Minister, public authority or Council that owns or is responsible for the management of public land or former Project land before carrying out or authorising the carrying out of works on that land. (4) The Authority must not issue a licence for the use of public land or former Project land that is reserved Crown land unless— (a) the use is not inconsistent with the reservation of the land; or (b) the reservation is revoked. S. 90(5) substituted by No. 14/2005 s. 18(2). (5) In this section— former Project land means land in the Project area that was reserved Project land but in respect of which the reservation for the purposes of the Project has been revoked; public land includes land owned by or vested in a Council. 91 Term of licence s. 91 The period for which a licence is issued must not exceed the period of operation of the Agreement. 92 Conditions of licence—general (1) A licence may be issued subject to any conditions that are not inconsistent with the Agreement.
(2) Compensation is not payable under this section for the denial of access if— (a) there is adequate existing alternative access to the land; or (b) the Authority provides, or agrees to provide, adequate alternative access to the land; or (c) the Authority has begun compulsory acquisition procedures under the Land Acquisition and Compensation Act 1986 for the land to which access is denied; or (d) a claim for compensation is not served on the Authority within one year of the making of the decision under this Division. (3) For the purposes of determining whether alternative access to the land is adequate, no regard is to be had as to which stream of traffic has access to the land. s. 141 (4) Compensation is to be determined on the basis of the diminution in the value of the land to which access is denied as a direct result of the loss of access to that land. (5) Parts 10 and 11 and section 37 of the Land Acquisition and Compensation Act 1986, with any necessary modifications, apply to the determination of compensation under this section as if the claim were a claim under section 37 of that Act. (6) Section 127 of the Road Management Act 2004 does not apply in respect of any matter for which compensation is payable under this Division.
driver of the vehicle at the time the vehicle was driven in the toll zone. S. 197(3) amended by No. 74/2007 s. 41. (3) Subsection (2) does not affect the liability of the driver of a vehicle to pay a toll or toll administration fee, but if the toll or toll administration fee is paid to the Freeway Corporation, no further action may be taken by the Freeway Corporation to recover that toll or toll administration fee from the driver, operator or any other person. S. 198 (Heading) amended by No. 14/2005 s. 21(1). 198 Exemptions from toll and toll administration fees s. 198 S. 198(1) amended by Nos 14/2005 s. 21(2), 74/2007 s. 42(1). (1) A toll and toll administration fees are not payable under section 197 in respect of a vehicle that is the subject of a tollway billing arrangement. S. 198(2) amended by No. 14/2005 s. 21(2). (2) A toll and toll administration fees are not payable under section 197 in respect of a vehicle that under the regulations is exempt from the payment of tolls. (3) Nothing in this section prevents any charge being made under a freeway use agreement. S. 198(4) inserted by No. 14/2005 s. 21(3), amended by Nos 95/2005 s. 4(5), 74/2007 s. 42(1). (4) Nothing in this section prevents a tollway billing arrangement from being entered into within the allowable agreement period after the use of the vehicle in a toll zone.
S. 198(5) inserted by No. 14/2005 s. 21(3), amended by No. 74/2007 s. 42(2). (5) In this section allowable agreement period means 3 days, beginning on the day after the day on which the vehicle was used in a toll zone, or if a longer period is prescribed, that longer period. S. 199 amended by No. 14/2005 s. 22, substituted by No. 74/2007 s. 43. 199 Operator not liable if effective tolling statement made (1) The operator of a vehicle is not liable under section 197 to pay a toll or toll administration fee for the use of the vehicle in a toll zone if, within the period of 14 days after the request for payment of the toll or toll administration fee, the operator gives to an authorised person— (a) an illegal user statement; or s. 199 (b) a known user statement; or (c) a sold vehicle statement— and the authorised person accepts the statement as an effective statement for the purposes of this Part. (2) Information contained in a known user statement or a sold vehicle statement identifying a person is sufficient for the purposes of this Part if it contains— (a) in the case of an individual, the individual's full name and current home address and either the individual's date of birth or the number of the licence or permit authorising the individual to drive and, if that licence or permit is issued by a corresponding body, the name of that body; and (b) in the case of a person other than an individual, its full name and current address and (where applicable) its Australian Business Number or Australian Company Number; and
(9) Subsection (1) does not apply in respect of a vehicle if it is exempted, in accordance with the regulations, from the requirement to be registered under this Part. (10) Subsection (1) does not apply in respect of a vehicle that under the regulations is exempt from the payment of tolls. S. 204(11) amended by No. 75/2010 s. 3(3). (11) Subsection (1) does not apply in respect of a vehicle covered by a tollway billing arrangement that was not suspended at the time the offence is alleged to have been committed. (12) On a person being found guilty of an offence under subsection (1), any debt that arose under section 197 as a result of the person driving in the toll zone on the day of the offence in the vehicle that was the subject of the offence is extinguished. S. 205 amended by Nos 95/2005 s. 4(4)(b)(e), 14/2007 s. 15(4), substituted by No. 74/2007 s. 47. 205 Registration of vehicles s. 205 (1) The Freeway Corporation must establish and maintain a register of vehicles. (2) The Freeway Corporation may register a vehicle— (a) for a specified period; or (b) until the happening of a specified event; or (c) for an unlimited period; or (d) in respect of all toll zones or a specified toll zone or toll zones. (3) A person may seek the registration, under this Part, of a vehicle or more than one vehicle by application made to the Freeway Corporation in writing or orally or partly in writing and partly orally. (4) The Freeway Corporation may, in accordance with this Part, cancel or suspend the registration of a vehicle.
(a) the infringement penalty is paid within the time for payment stated in the notice; or (b) payment is accepted in accordance with section 15 of that Act— any debt that arose under section 204 as a result of the person driving in the toll zone on the day of the offence in the vehicle that was the subject of the offence is extinguished. 216 Application of penalty S. 216(1)(2) repealed by No. 32/2006 s. 81. * * * * * s. 216 (3) If proceedings have been taken or continued for an alleged offence because the person has not paid the penalty specified in the infringement notice and a conviction is imposed by the court, the conviction must not be taken to be a conviction for any purpose except in relation to— (a) the making of the conviction itself; and (b) subsequent proceedings that may be taken in respect of the conviction itself, including proceedings by way of appeal. S. 216(4) repealed by No. 32/2006 s. 81. * * * * * S. 217 repealed by No. 32/2006 s. 81. * * * * *
the absence of evidence to the contrary, is proof that, on that date, the person was the operator of the vehicle. S. 221(3) amended by No. 70/2013 s. 3(Sch. 2 item 14.3). (3) A certificate containing the prescribed particulars purporting to be issued by VicRoads or the Department of Transport, Planning and Local Infrastructure or an authorised person certifying that on a particular date— s. 221 (a) a particular registration number was assigned to a particular vehicle; or (b) a particular person was entitled, or last entitled, to use or possess a number plate bearing a particular registration number— is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that on that date that registration number was assigned to that vehicle or that person was entitled, or last entitled, to use or possess that number plate, as the case requires. S. 221(4) amended by No. 74/2007 s. 58(2)(a). (4) A certificate or document that purports to have been issued under any corresponding law certifying that on a particular date— S. 221(4)(a) amended by No. 74/2007 s. 58(2)(b). (a) a particular registration number was assigned under the corresponding law to a particular vehicle; or S. 221(4)(b) amended by No. 74/2007 s. 58(2)(b). (b) a particular person was entitled, or last entitled, under the corresponding law to use or possess a number plate bearing a particular registration number— is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that on that date that registration number was assigned to that vehicle or that person was