ALERT DIGEST 14 of 1994

Part 11

PROJECT DEVELOPMENT AND CONSTRUCTION MANAGEMENT BILL

33.1

This Bill was introduced into the Legislative Assembly on 10 November 1994 by The Honourable Rob Maclellan MP with The Honourable Phil Gude MP.

33.2

The purposes of the Bill are to:-

  • facilitate certain development projects in Victoria;
  • provide for the setting of standards and the issuing of directions in relation to public construction;
  • establish the Secretary to the Department of Planning and Development as a body corporate;
  • provide for the transfer of certain matters from the Urban Land Authority to the Secretary to the Department of Planning and Development;
  • amend the Bayside Project Act 1988;
  • repeal the Public Lands and Works Act 1964.

33.3 ¯ Part 2 - Nomination of projects

Clause 3 sets out the definitions. Clause 6 provides that the Governor in Council on the recommendation of the Premier may by Order published in the Government Gazette declare a development or proposed development to be a project to which the Act applies. Each Order must be laid before each House of Parliament within 14 sitting days after it is made.

Clause 10 provides that the responsible Minister may by instrument delegate any of his or her functions under the Act in respect of a nominated project to any other person. Subclause (2) provides that if a function referred to in section 14 (contracts and arrangements for the purposes of a nominated project) is delegated under subclause (1), then the delegate may sub-delegate the function to any other person or body. The Committee believes that the provision may contravene section 4D(a) (ii)in that it makes rights, freedoms or obligations dependent upon insufficiently defined administrative powers. The Committee has written to the Minister requesting his response as to whether it is possible to narrow the field of delegates and remove the sub delegation clause.

Clause 11(1)(a) provides that a facilitating agency may by instrument delegate all or any of its functions in respect of a nominated project to an officer or the holder of any office or position in a facilitating agency. Pursuant to subclause (1)(b) the facilitating agency may also with the consent of the Minister delegate its functions to any other person or body. The Committee notes that in respect of subclause (a) the persons to whom the functions may be delegated are limited. In respect of subclause (b) although the persons to whom the functions may be delegated are not limited, the delegation may only be done with the consent of the Minister.

However subclause (2) provides that if a function is delegated to a person or a body, then the delegate may further sub-delegate the function to an officer or with the consent of the Minister, any other person. Subclause (3) provides that with the Minister's consent that sub-delegation of power may be in respect of a class or classes of persons or bodies or offices. The Committee believes that subclauses (2) and (3) may contravene section 4D(a)(iv) in that they inappropriately delegate legislative power. The Committee has written to the Minister.

33.4

Clause 17 provides that the Governor in Council may grant to a facilitating agency for the purposes of a nominated project land divested or surrendered under section 18. Any compulsory acquisition of land is subject to the Land Acquisition and Compensation Act 1986. Clause 23 sets out the powers of the responsible Minister relating to roads. Subclause (4) provides that the responsible Minister may certify that the compensation payable to person affected by the closure or relocation of a road should not exceed the amount in the certificate ie: $400. In the event that the Minister does not so certify, the compensation payable is set out in subsection (7), ie: the amount agreed between the person and the Minister or if agreement is not reached then Part 10 of the Land Acquisition and Compensation Act 1976. The Committee has written to the Minister to seeking clarification of the provision in the event that the Minister incorrectly certifies the compensation payable.

Clause 26 provides that the Treasurer, on the recommendation of the Minister may by instrument exempt any land, document or transaction from duty, rates, taxes or any charges levied under any other Act. Clause 30 provides that the Minister may issue written directions. The contents of those directions is set out in clause 32. Clause 37 sets out the functions of the Secretary. Clause 38 sets out the powers of the Secretary.

Clause 41 provides that the Secretary may delegate to any officer or class of officers of the Department any of the powers conferred under Part 5 or the regulations. Pursuant to clause 46 the Governor in Council may make regulations with respect to any matter or thing. Under the Secretary's power of delegation in clause 41, this effectively means that the Secretary may delegate to any officer any matter made pursuant to a regulation. The Committee is of the view that this may contravene section 4D(a)(iv) in that it inappropriately delegates legislative power or alternatively makes rights, freedoms or obligations dependent upon insufficiently defined powers. The Committee has written to the Minister.

Part 6 contains general provisions. Part 7 contains provisions relating to the transfer of major projects. Part 8 makes various amendments to the Bayside Project Act 1988. Part 9 repeals various provisions and Acts including the Public Lands and Works (Public Projects) Act 1982, the Public Lands and Works (Amendment) Act 1983 and the Public Lands and Works (Amendment) Act 1984.

Committee Room
28 November 1994

Last update 22/7/99
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