S. 3 def. of enforcement agency substituted by No. 102/1998 s. 4(b). enforcement agency means the Chief Commissioner of Police or, if another person is prescribed by the regulations to be the enforcement agency with respect to all or any part of the enforcement agency's functions, that other person in respect of those functions; S. 3 def. of enforcement officer amended by No. 4/2000 s. 4. enforcement officer means a person authorised by an enforcement agency under section 79 and includes, in relation to an infringement notice issued under section 80A, a person authorised under section 116(1A); s. 3 S. 3 def. of ESEP project document inserted by No. 50/1998 s. 4(a). ESEP project document has the same meaning as in the Extension Agreement; S. 3 def. of Extension corporation inserted by No. 50/1998 s. 4(a). Extension corporation means the person who, for the time being, is the Extension corporation under section 12A; S. 3 def. of Extension operator inserted by No. 50/1998 s. 4(a). Extension operator means the person who, for the time being, is the Extension operator under section 12B; S. 3 def. of Extension Project area inserted by No. 39/1997 s. 4(1), repealed by No. 81/2000 s. 4(3). * * * * *
S. 20F(1)(c) repealed by No. 6/2009 s. 53(1). * * * * * S. 20F(1)(d) amended by No. 63/2006 s. 61(Sch. item 21.1). (d) the Mineral Resources (Sustainable Development) Act 1990. (2) An excluded Act does not apply to or in relation to the whole or any part of a licensed area and anything done on that land on and from the date that the licence is issued under section 20E until the licence is terminated in respect of that land. S. 20G inserted by No. 78/2001 s. 6. 20G Action by Registrar of Titles s. 20G On being requested to do so and on delivery of any relevant instrument or document (but without production of a duplicate Crown grant or certificate of title), the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part. __________________ Pt 2B (Heading and ss 21–56ZL) inserted by No. 81/2006 s. 72. Division 1—Introductory New s. 21 inserted by No. 81/2006 s. 72. 21 Definitions s. 21 (1) In this Part— approved Utility agreement means a Utility agreement that is approved by the Roads Corporation under section 52;
Subdivision 3—Agreements between Link corporation and Utility New s. 49 inserted by No. 81/2006 s. 72. 49 Agreements in relation to Link Upgrade construction area (1) The Link corporation may enter into an agreement with a Utility under this Subdivision in relation to Utility infrastructure or any works affecting Utility infrastructure constructed or to be constructed in, on, over or under the Link Upgrade construction area. (2) Nothing in this section prevents any additional person from being a party to a Utility agreement. New s. 50 inserted by No. 81/2006 s. 72. 50 What can a Utility agreement provide for? s. 49 (1) A Utility agreement may only provide for the following matters— (a) the means of minimising disruption to the Utility infrastructure and the services provided by the Utility infrastructure; (b) the respective rights of the Link corporation and the Utility to have access to the Utility infrastructure; (c) the respective rights of the Link corporation and the Utility to carry out works affecting the Utility infrastructure; (d) the relocation and rectification of Utility infrastructure; (e) the standards (including safety, operational and accreditation standards) that are to apply to the relocation or rectification of Utility infrastructure; (f) the costs of any relocation or rectification of the Utility infrastructure and how those costs are to be apportioned between the Link corporation and the Utility;
a Utility or any other person, the Utility or other person is not required to comply with that requirement. S. 56F inserted by No. 81/2006 s. 72. 56F Requirements for directions (1) A direction under section 56D or 56E must be in writing. (2) A direction must not cause unreasonable delay or add unreasonable cost to the Link Upgrade Project. (3) Subject to this section, a direction must not be inconsistent with— (a) this Act; or (b) the Agreement; or (c) the Integration and Facilitation Agreement; or (d) the Extension Agreement. S. 56G inserted by No. 81/2006 s. 72. 56G Direction to prevail over requirement to consent s. 56F (1) A direction under section 56D or 56E prevails over any provision of any other Act or law that requires the Utility to consent to the carrying out of the work that is subject to the direction. (2) If a direction provides for compliance with a standard in relation to a matter, that standard applies in relation to that matter despite anything to the contrary in any other Act or law. Subdivision 5—Unnotified Utility infrastructure S. 56H inserted by No. 81/2006 s. 72. 56H Duties of Link corporation If the Link corporation or the holder of a construction permit discovers unnotified Utility infrastructure while Link Upgrade construction work is being carried out, the Link corporation must—
satisfaction within the specified time under section 56W. S. 56Y inserted by No. 81/2006 s. 72. 56Y Referral of matters by Link corporation to Ministers for determination The Link corporation may refer the matter to the Minister and the Utility Minister for determination under Subdivision 7 if the Utility refuses to certify the work on the completion of the further work under section 56W or unreasonably delays giving that certification. S. 56Z inserted by No. 81/2006 s. 72. 56Z Link corporation no longer liable if work satisfactory The Link corporation ceases to be liable to carry out any further work in respect of a specific work of relocation or rectification if— (a) a certificate is given under section 56W in respect of the work; or (b) the work is deemed under that section to be satisfactory; or (c) the work is determined under Subdivision 7 to be satisfactory. Subdivision 7—Dispute resolution S. 56ZA inserted by No. 81/2006 s. 72. 56ZA Who can determine matters referred to the Ministers? On the referral of a matter to them under this Division, the Minister and the Utility Minister must— (a) determine the matter; or (b) appoint a person to determine the matter. S. 56ZB inserted by No. 81/2006 s. 72. 56ZB What must be considered in determining a matter? In determining a matter, the decision-maker— (a) must have regard to—
S. 70(2) inserted by No. 94/2003 s. 42. (2) The tolling system that complies with the Agreement, the Integration and Facilitation Agreement or the Extension Agreement (as the case requires) is not a surveillance device within the meaning of the Surveillance Devices Act 1999. S. 71 (Heading) inserted by No. 110/2004 s. 8(4)(a). 71 Fixing of tolls and toll administration fees S. 71(1) amended by No. 102/1998 s. 14(2)(a). (1) The relevant corporation in accordance with this Act and the Agreement or the Extension Agreement (as the case requires), by notice published in the Government Gazette— S. 71(1)(a) amended by No. 102/1998 s. 14(2)(b). (a) may specify toll zones on the Link road or the Extension road; and (b) may fix tolls which are payable in respect of the use of vehicles on toll zones. S. 71(1A) inserted by No. 110/2004 s. 8(2). (1A) If the Agreement or the Extension Agreement (as the case requires) expressly provides for the fixing of a toll administration fee under this subsection, the relevant corporation, in accordance with this Act and the Agreement or the Extension Agreement (as the case requires), may, by notice published in the Government Gazette, fix toll administration fees that are payable to it and specify the circumstances in which they are payable. s. 71 (2) A notice under subsection (1) may specify different tolls in respect of different cases or classes of cases including different zones or groups of zones, different classes of vehicles and the use of vehicles at different times or any combination of these.
S. 71(2A) inserted by No. 110/2004 s. 8(3). (2A) A notice under subsection (1A) may specify different toll administration fees in respect of different cases or classes of cases including different zones or groups of zones, different classes of vehicles and different toll payment methods or any combination of these. S. 71(3) amended by No. 110/2004 s. 8(4)(b). (3) A notice under subsection (1) or (1A) takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the notice, on that later day. S. 71(4) amended by Nos 102/1998 s. 14(3), 110/2004 s. 8(4)(b)(c) (i)(ii). (4) In any proceedings under this Part, the production of a Government Gazette purporting to contain a notice under subsection (1) or (1A) is evidence of the valid publication of the notice and of the fixing of the toll or toll administration fee in accordance with this Act and the Agreement or the Extension Agreement (as the case requires). S. 72 (Heading) inserted by No. 110/2004 s. 9(1). 72 Liability to pay toll and toll administration fees S. 72(1) amended by No. 102/1998 s. 24(b)(c), substituted by No. 110/2004 s. 9(2). s. 72 (1) Subject to this Part, a person who is the driver of a vehicle used in a toll zone is liable to pay to the relevant corporation— (a) the toll charged by the relevant corporation for that use; and (b) the relevant toll administration fee charged by the relevant corporation. S. 72(2) amended by Nos 102/1998 s. 24(b), 74/2007 s. 64(1). (2) Subject to subsection (3), the operator of a vehicle used in a toll zone is deemed to be the driver of that vehicle for the purposes of subsection (1).
S. 73C(2A) inserted by No. 54/2001 s. 45(2), substituted by No. 13/2002 s. 12 (as amended by No. 32/2002 s. 26). (2A) If registration is sought on a particular day for a period of 24 hours, the commencement of the registration may be back-dated to a time not earlier than the beginning of the day that is 3 days before the day on which registration is sought. S. 73C(2B) inserted by No. 13/2002 s. 12 (as amended by No. 32/2002 s. 26). (2B) If registration is sought for a specified period (other than a period of 24 hours) and is sought— (a) before the end of that specified period or within the period of 2 days immediately following the end of that specified period; or (b) not later than 6 days after the beginning of that specified period— (whichever is the earlier), the commencement of registration may be back-dated to a time not earlier than the beginning of that specified period. (3) The agreement by a relevant corporation to register a vehicle under this Part is sufficient consideration on the part of the relevant corporation for an arrangement entered into in accordance with this section. S. 73D inserted by No. 102/1998 s. 15. 73D Information to be given in relation to registration s. 73D (1) If a relevant corporation agrees to register a vehicle under this Part, it must give the following information to the person who sought the registration— S. 73D(1)(a) amended by No. 78/2001 s. 7(a). (a) confirmation that the vehicle has been, or will be at a specified time, registered or of
S. 90B(1) def. of relevant road safety law inserted by No. 49/2004 s. 15(2), amended by Nos 110/2004 s. 14, 75/2010 s. 8. relevant road safety law means— (a) section 64 of the Road Safety Act 1986; or (b) section 65 of the Road Safety Act 1986; or (c) rule 152(1) of the Road Safety Road Rules 2009; or (d) regulation 50 of the Road Safety (Vehicles) Regulations 2009; or (e) regulation 245 of the Road Safety (Vehicles) Regulations 2009; s. 90B (f) regulation 246 of the Road Safety (Vehicles) Regulations 2009; or (g) regulation 247 of the Road Safety (Vehicles) Regulations 2009; or (h) regulation 248 of the Road Safety (Vehicles) Regulations 2009; or (i) regulation 252 of the Road Safety (Vehicles) Regulations 2009; or (j) regulation 253 of the Road Safety (Vehicles) Regulations 2009; S. 90B(1A) inserted by No. 49/2004 s. 15(3). (1A) The Roads Corporation may, in writing, authorise an officer of the Roads Corporation to be an authorised Roads Corporation officer for the purposes of this section. S. 90B(2) substituted by No. 49/2004 s. 15(4), amended by No. 37/2014 s. 10(Sch. item 111.3(a)). (2) A person to whom section 90A applies may disclose restricted tolling information to a police officer or an authorised Roads Corporation officer if— (a) an authorised police officer has certified in writing that the disclosure is reasonably necessary for the enforcement of the criminal
Pt 4A Div. 2 (Heading and ss 93C–93F) inserted by No. 39/1997 s. 6, repealed by No. 81/2000 s. 26(2). * * * * * Division 3—Management of Extension S. 93G inserted by No. 39/1997 s. 6. 93G Lease of land in Extension Project area S. 93G(1) substituted by No. 50/1998 s. 23(1). (1) The Governor in Council, on behalf of the Crown, subject to and in accordance with the Extension Agreement, may grant a lease of any Crown land— (a) which forms part of the Extension road; or (b) upon which there are works ancillary to the Extension road— to any person or persons entitled to such a lease in accordance with the Extension Agreement. S. 93G(1A) inserted by No. 50/1998 s. 23(1). (1A) In a lease under subsection (1), the Governor in Council may impose conditions, having regard, among other things, to the following matters in relation to a stratum of Crown land— (a) that reasonable access to and use of the stratum and other land be provided for; and (b) that the rights of the registered proprietor, lessee or licensee of other land not be interfered with; and (c) that the rights of support of the stratum or of other land or of any building or other structure erected or to be erected on those lands be provided for; and s. 93G
S. 94(2) substituted by No. 50/1998 s. 26(1). (2) The Link operator, when acting under this Act— s. 94 (a) as a delegate of the Link corporation has the same protections and immunities as the Link corporation has under subsection (1); or (b) under a sub-delegation from the Link corporation has the same protections and immunities as the Link corporation has under subsection (5). S. 94(3) inserted by No. 50/1998 s. 26(1), amended by No. 6/2010 s. 203(1) (Sch. 6 item 31.15(c)) (as amended by No. 45/2010 s. 22). (3) The Extension corporation and a lessee have the same protections and immunities in carrying out their respective functions under— (a) this Act or the regulations; or S. 94(3)(b) amended by No. 6/2010 s. 203(1) (Sch. 6 item 31.15(a)) (as amended by No. 45/2010 s. 22). (b) the Transport (Compliance and Miscellaneous) Act 1983 or the regulations made under that Act; or S. 94(3)(ba) inserted by No. 6/2010 s. 203(1) (Sch. 6 item 31.15(b)) (as amended by No. 45/2010 s. 22). (ba) the Transport Integration Act 2010 or the regulations made under that Act; or (c) the Extension Agreement; or (d) a lease granted under section 93G—
(1) No stamp duty or other tax is chargeable under any Act in respect of anything done under Division 2, 3, 4, 5 or 6 of Part 3 or in respect of any act or transaction connected with or necessary to be done by reason of any of those Divisions. S. 96(2) amended by No. 50/1998 s. 27(1). (2) An amount payable by the State under an indemnity under clause 11.5 of the Agreement or clause 11.5 of the Extension Agreement is payable from the Consolidated Fund which is hereby to the necessary extent appropriated accordingly. S. 96(3) amended by Nos 81/2000 s. 28, 78/2001 s. 9(1). (3) No land tax is payable by the Link corporation or a licensee, licence holder or lessee in respect of land— (a) which is or is to be the Link road; or S. 96(3)(b) amended by No. 50/1998 s. 27(2). s. 96 (b) which is land leased under section 60; or (c) which is any other kind of land— and in respect of which under the Agreement land tax is not to be assessed or payable. S. 96(3A) inserted by No. 50/1998 s. 27(3). (3A) No land tax is payable by the Extension corporation or a lessee in respect of land— (a) which is leased land under section 93G; or (b) which is any other kind of land— and in respect of which under the Extension Agreement land tax is not to be assessed or payable. S. 96(4) amended by Nos 102/1998 s. 6(3), 78/2001 s. 9(2), 13/2002 s. 14. (4) Licensed land and leased land (except the Link control site, the Customer service site and the office site) and licensed areas are not rateable land within the meaning of section 154 of the Local Government Act 1989.
S. 96(5) amended by No. 78/2001 s. 9(3). (5) Section 221 of the Local Government Act 1989 does not apply in respect of licensed land, licensed areas or leased land. S. 96(5A) inserted by No. 86/1998 s. 21(3), amended by No. 59/2003 s. 121(3). (5A) Section 35E of the Docklands Act 1991 does not apply in respect of licensed land or leased land. S. 96(6) amended by Nos 39/1997 s. 15, 85/2006 s. 173(Sch. 1 item 5.1). (6) The Link control site is not rateable land within the meaning of section 154 of the Local Government Act 1989 for the purpose of the Water Industry Act 1994 and the Water Act 1989. S. 97 repealed by No. 81/2000 s. 29. * * * * * 98 Emergency management S. 98(1) substituted by No. 50/1998 s. 28. s. 98 (1) The Link corporation and the Extension Corporation are deemed to be government agencies for the purposes of Part 5 of the Emergency Management Act 1986. S. 98(2) substituted by No. 50/1998 s. 28. (2) Subsection (1) does not prevent the Link corporation or the Extension corporation from receiving compensation under section 24 of the Emergency Management Act 1986 for the taking and use of the corporation's property under that section. (3) This section applies despite anything to the contrary in the Agreement. 99 Restrictions on exercise of certain powers S. 99(1) substituted by No. 50/1998 s. 29(1). (1) A public body must obtain the consent of— (a) the Link corporation before exercising any power affecting land leased under section 60; and
(b) the Extension corporation before exercising any power affecting land leased under section 93G. (2) Subsection (1) does not apply to— (a) an emergency power; or S. 99(2)(b) amended by No. 50/1998 s. 29(2). (b) a power to use a vehicle on the Link road or the Extension road (as the case requires). S. 99(3) amended by No. 50/1998 s. 29(3). (3) The person giving consent under subsection (1) may impose conditions on its consent. S. 99(4) substituted by No. 50/1998 s. 29(4). (4) If— (a) consent under subsection (1) is refused or is not given within a reasonable period; or (b) conditions are imposed which are not acceptable to the public body— the public body may refer the matter to the Minister who may give his or her consent in place of a consent under subsection (1) with or without conditions. 100 Powers of certain bodies extended s. 100 A Minister, public statutory authority or Council is deemed to have such powers as are necessary to enable the Minister, authority or Council— (a) to comply with any direction under or requirement of this Act or the regulations; and S. 100(b) amended by No. 39/1997 s. 16. (b) to do any other thing which is necessary or convenient to be done for the purposes of the Project or the Exhibition Street Extension Project.
103 Limitation on Council powers s. 103 (1) A Council must not exercise its powers under the following provisions of the Local Government Act 1989 in relation to leased land or licensed land— (a) sections 204, 207A, 207B, 207C, 207D and 207E; and (b) Schedule 10; and (c) Schedule 11. S. 103(2) amended by Nos 39/1997 s. 19, 50/1998 s. 31(1)(a)(b), 81/2000 s. 31(a)–(c), 6/2010 s. 203(1) (Sch. 6 item 31.16) (as amended by No. 45/2010 s. 22). (2) A Council must not exercise any of its powers under Division 2 of Part 9 of the Local Government Act 1989 inconsistently with the functions and powers of the Link corporation or the Extension corporation or a lessee under the Transport Integration Act 2010 or the regulations under that Act or the Transport (Compliance and Miscellaneous) Act 1983 or the regulations under that Act or under the Agreement or the Extension Agreement or a lease granted under Part 3 or Part 4A. S. 103(3) substituted by No. 50/1998 s. 31(2), amended by No. 85/2006 s. 173(Sch. 1 item 5.2). (3) Section 165 of the Water Act 1989 applies in relation to— (a) the Link road as if— (i) any reference in those sections to a council were a reference to the Link corporation; and (ii) any reference in those sections to a municipal district were a reference to the Link road; and (b) the Extension road as if— (i) any reference in those sections to a council were a reference to the Extension corporation; and
In so acting, the Trustee must consult with the directors of the Companies and, while the Units are quoted on the Official List, the Trustee must consult with the ASX, and shall have regard to, without being bound by, the recommendations of those persons. (c) If the requirements of any notice to dispose of the Units are not complied with by the person to whom the notice is addressed within the time specified in the notice, the Trustee must cause the Units to be sold on the ASX (or, if they are not Officially Quoted, in such manner as the Trustee may determine) as soon as practicable but no later than 3 months after the end of the 1 month period referred to in paragraph (b) above or such longer period agreed between the Trustee and the State. (d) If the Units sold in accordance with clause 1.4(c) are registered on a branch register, the Trustee may cause such Units to be transmitted to the Register. Sch. 2 (e) The Trustee may: (1) appoint a person to execute as transferor a transfer in respect of any Units sold in accordance with the provisions of clause 1.4(c) and to receive and give a good discharge of the purchase money; and (2) register the transfer notwithstanding that proof of title of such Units may not have been delivered to the Trustee. (f) The purchase money less the expenses of any sale made in accordance with the provisions of clause 1.4(c) must be paid to the Unit holder whose Units were sold provided such Unit holder has delivered to the Trustee such proof of title of the Units as the Trustee accepts.
Assent Date: 18.11.08 Commencement Date: S. 31 on 1.1.09: Government Gazette 18.12.08 p. 2998 : This information relates only to the provision/s amending the Link Act 1995 Resources Industry Legislation Amendment Act 2009, No. 6/2009 Assent Date: 3.3.09 Commencement Date: S. 53 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Link Act 1995 Transport Legislation Miscellaneous Amendments Act 2009, No. 17/2009 Assent Date: 12.5.09 Commencement Date: S. 31 on 13.5.09: s. 2(1) : This information relates only to the provision/s amending the Link Act 1995 Road Legislation Amendment Act 2009, No. 28/2009 Assent Date: 17.6.09 Commencement Date: S. 88 on 18.6.09: s. 2(1) : This information relates only to the provision/s amending the Link Act 1995 Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009 Assent Date: 15.12.09 Commencement Date: Ss 30, 31 on 17.12.09: Government Gazette 17.12.09 p. 3339 : This information relates only to the provision/s amending the Link Act 1995 Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: Ss 24(5)(Sch. 1 item 7), 203(1)(Sch. 6 item 31) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 : This information relates only to the provision/s amending the Link Act 1995 Endnotes Road Legislation Miscellaneous Amendments Act 2010, No. 75/2010 (as amended by No. 32/2011) Assent Date: 19.10.10 Commencement Date: Ss 4, 6–10 on 1.11.10: Government Gazette 21.10.10 p. 2531; s. 5 on 1.8.11: s. 2(2) : This information relates only to the provision/s amending the Link Act 1995 Road Safety Amendment (Hoon Driving) Act 2010, No. 76/2010