Victorian Urban Development Authority
Amendment (Urban Renewal Authority Victoria)
Act 2011
No. 35 of 2011
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
3
1
Purpose
Commencement
Principal Act
1
2
2
PART 2—AMENDMENTS TO THE VICTORIAN URBAN
DEVELOPMENT AUTHORITY ACT 2003
4
5
6
7
8
9
10
11
12
13
14
15
3
Title
Purpose
1
Purpose
Definitions
Establishment
Repeal of section 6
Functions
Authority subject to the direction and control of the Minister
Appointment of directors
New section 19A inserted
19A
Eligibility criteria for appointment of directors
Chief executive
Statement of corporate intent—contents
Part 8 substituted
3
3
3
3
4
4
4
5
5
5
5
6
6
6
PART 8—SAVINGS AND TRANSITIONAL PROVISIONS
6
80
81
82
83
84
85
Definitions
Transitional—Victorian Urban Development Authority
Action by Registrar of Titles
Transitional—staff of the old Authority
Transitional—superseded references
Savings provision—corporate plan
i
6
7
8
8
9
10
Section
Page
PART 3—CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS AND OTHER MATTERS
16
17
18
19
20
21
22
23
Amendment to the Borrowing and Investment Powers
Act 1987
Amendments to the Building Act 1993
Amendment to the Docklands Act 1991
Amendment to Land Tax Act 2005
Amendment to the Melbourne City Link Act 1995
Amendments to the Treasury Corporation of Victoria
Act 1992
Amendment to the Transport Integration Act 2010
Repeal of amending Act
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ENDNOTES
11
11
11
11
12
12
12
13
13
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ii
Victoria
Victorian Urban Development
Authority Amendment (Urban Renewal
Authority Victoria) Act 2011†
No. 35 of 2011
[Assented to 5 July 2011]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Victorian Urban Development Authority Act
2003—
1
Victorian Urban Development Authority Amendment (Urban Renewal
Authority Victoria) Act 2011
No. 35 of 2011
Part 1—Preliminary
s. 2
(a) to abolish the Victorian Urban Development
Authority and establish the Urban Renewal
Authority Victoria as its successor in law;
and
(b) to amend the name of that Act as a result of
the establishment of the new Authority; and
(c) to amend the purpose of that Act to reflect
the purposes of the new Authority; and
(d) to set out additional functions of the new
Authority; and
(e) to provide additional eligibility criteria for
appointment to the Board of the new
Authority.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation on or
before 1 July 2012, it comes into operation on that
day.
3 Principal Act
In this Act, the Victorian Urban Development
Authority Act 2003 is called the Principal Act.
__________________
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Authority Victoria) Act 2011
No. 35 of 2011
Part 2—Amendments to the Victorian Urban Development Authority Act
2003
PART 2—AMENDMENTS TO THE VICTORIAN URBAN
DEVELOPMENT AUTHORITY ACT 2003
4 Title
In the title to the Principal Act, for "Victorian
Urban Development Authority" substitute
"Urban Renewal Authority Victoria".
5 Purpose
For section 1 of the Principal Act substitute—
"1 Purpose
The main purpose of this Act is to establish
the Urban Renewal Authority Victoria—
(a) to carry out or manage or co-ordinate
the carrying out of urban renewal
projects; and
(b) to contribute to the implementation of
government urban planning and
development policies; and
(c) to undertake declared projects; and
(d) to complete the development of the
docklands area.".
6 Definitions
In section 3 of the Principal Act—
(a) in the definition of Authority, for "Victorian
Urban Development Authority" substitute
"Urban Renewal Authority Victoria"; and
(b) insert the following definition—
"urban renewal means the redevelopment of
large scale urban neighbourhoods to
improve their amenity for residential
and mixed use purposes;".
3
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Authority Victoria) Act 2011
No. 35 of 2011
s. 7
Part 2—Amendments to the Victorian Urban Development Authority Act
2003
7 Establishment
In section 5(1) of the Principal Act, for "Victorian
Urban Development Authority" substitute "Urban
Renewal Authority Victoria".
8 Repeal of section 6
Section 6 of the Principal Act is repealed.
9 Functions
In section 7(1) of the Principal Act—
(a) after paragraph (a) insert—
"(ab) to carry out or manage or co-ordinate
the carrying out of urban renewal
projects;";
(b) in paragraph (b), before "to carry out" insert
"if requested to do so by the Minister,";
(c) paragraph (c) is repealed;
(d) in paragraph (d), after "and development"
insert "in relation to the urban renewal
projects";
(e) for paragraph (e) substitute—
"(e) to ensure the urban renewal and
development projects are carried out in
accordance with government urban
development policies and strategies;";
(f) for paragraph (f) substitute—
"(f) to promote housing affordability and
housing diversity in relation to the
urban renewal projects;";
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No. 35 of 2011
Part 2—Amendments to the Victorian Urban Development Authority Act
2003
(g) in paragraph (g)—
(i) before "to provide" insert "if requested
to do so by the Minister,";
(ii) for "whether within or outside Victoria
or outside Australia" substitute "within
Victoria".
10 Authority subject to the direction and control of the
Minister
After section 9(3) of the Principal Act insert—
"(4) Without limiting subsection (1) or (2), a
direction under subsection (1) or (2) may
relate to a specific urban renewal project.".
11 Appointment of directors
In section 19(1) of the Principal Act, after
"Governor in Council" insert "on the
recommendation of the Minister".
12 New section 19A inserted
After section 19 of the Principal Act insert—
"19A Eligibility criteria for appointment of
directors
When recommending persons to be directors
of the Authority, the Minister must ensure as
far as is practicable that collectively the
directors have skills, experience or
knowledge relating to—
(a) the funding and delivery of
infrastructure; and
(b) property and land development; and
(c) urban planning; and
(d) economics and financial management;
and
(e) public administration; and
5
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No. 35 of 2011
s. 13
Part 2—Amendments to the Victorian Urban Development Authority Act
2003
(f) corporate governance; and
(g) housing delivery, supply and
affordability; and
(h) law, particularly commercial law.".
13 Chief executive
For section 22(2) of the Principal Act
substitute—
"(2) The chief executive of the Authority must
not be a director of the Authority.".
14 Statement of corporate intent—contents
In section 58 of the Principal Act, for "2"
substitute "4".
15 Part 8 substituted
For Part 8 of the Principal Act substitute—
"PART 8—SAVINGS AND TRANSITIONAL
PROVISIONS
80 Definitions
In this Part—
commencement day means the date of
commencement of the Victorian
Urban Development Authority
Amendment (Urban Renewal
Authority Victoria) Act 2011;
new Authority means the Urban Renewal
Authority Victoria established by this
Act;
old Authority means the Victorian Urban
Development Authority established by
the Victorian Urban Development
Authority Act 2003.
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Authority Victoria) Act 2011
No. 35 of 2011
Part 2—Amendments to the Victorian Urban Development Authority Act
2003
81 Transitional—Victorian Urban
Development Authority
(1) On the commencement day—
(a) the old Authority is abolished and its
members go out of office; and
(b) the new Authority is the successor in
law of the old Authority; and
(c) all rights, assets, liabilities and
obligations of the old Authority
immediately before its abolition
become rights, assets, liabilities and
obligations of the new Authority; and
(d) 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 the new
Authority under this Act; and
(e) 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 the new
Authority under this Act; and
(f) 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 the
new Authority under that Act; and
(g) the new Authority 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
7
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Authority Victoria) Act 2011
No. 35 of 2011
s. 15
Part 2—Amendments to the Victorian Urban Development Authority Act
2003
(h) the new Authority may continue and
complete any other continuing matter
or thing commenced by or against or in
relation to the old Authority.
(2) An entitlement of a member or former
member of the Docklands Authority to be
indemnified under section 35J of the
Docklands Act 1991 in respect of anything
done by the member or former member
before the commencement of the Victorian
Urban Development Authority Act 2003,
continues to apply to that member after the
commencement day as if a reference to a
director of the Authority in section 35J were
a reference to the member or former
member.
82 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.
83 Transitional—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 the new
Authority 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.
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Authority Victoria) Act 2011
No. 35 of 2011
Part 2—Amendments to the Victorian Urban Development Authority Act
2003
(2) If subsection (1) applies to a person—
(a) the service of the person as an
employee with the new Authority 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 his or her
employment.
84 Transitional—superseded references
On and from 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 Victorian Urban
Development Authority Act 2003 is
taken to be a reference to the Urban
Renewal Authority Victoria Act
2003; and
(b) a reference to the Victorian Urban
Development Authority or to VicUrban
is taken to be a reference to the new
Authority—
so far as it relates to any period after that
commencement, unless the context otherwise
requires.
9
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Authority Victoria) Act 2011
No. 35 of 2011
s. 15
Part 2—Amendments to the Victorian Urban Development Authority Act
2003
85 Savings provision—corporate plan
On and from 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 the new
Authority, and may be amended in
accordance with this Act.
__________________".
__________________
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Victorian Urban Development Authority Amendment (Urban Renewal
Authority Victoria) Act 2011
No. 35 of 2011
Part 3—Consequential Amendments to other Acts and other Matters
PART 3—CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS AND OTHER MATTERS
16 Amendment to the Borrowing and Investment
Powers Act 1987
In Schedule 1 to the Borrowing and Investment
Powers Act 1987, in item 23AB, for "Victorian
Urban Development Authority" substitute "Urban
Renewal Authority Victoria".
17 Amendments to the Building Act 1993
(1) In section 18A(2) of the Building Act 1993, for
"Victorian Urban Development Authority"
(wherever occurring) substitute "Urban Renewal
Authority Victoria".
(2) In section 24(3) of the Building Act 1993—
(a) for "Victorian Urban Development
Authority" substitute "Urban Renewal
Authority Victoria"; and
(b) for "Victorian Urban Development
Authority Act 2003" substitute "Urban
Renewal Authority Victoria Act 2003".
(3) In section 32A(2) of the Building Act 1993, for
"Victorian Urban Development Authority"
(wherever occurring) substitute "Urban Renewal
Authority Victoria".
18 Amendment to the Docklands Act 1991
In section 3 of the Docklands Act 1991—
(a) in the definition of Authority—
(i) for "Victorian Urban Development
Authority" substitute "Urban Renewal
Authority Victoria"; and
11
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Authority Victoria) Act 2011
No. 35 of 2011
s. 19
Part 3—Consequential Amendments to other Acts and other Matters
(ii) for "Victorian Urban Development
Authority Act 2003" substitute
"Urban Renewal Authority Victoria
Act 2003"; and
(b) in the definition of chief executive, for
"Victorian Urban Development Authority
Act 2003" substitute "Urban Renewal
Authority Victoria Act 2003".
19 Amendment to Land Tax Act 2005
(1) In section 82(1)(b) of the Land Tax Act 2005, for
"Victorian Urban Development Authority"
substitute "Urban Renewal Authority Victoria".
(2) In section 82(2) of the Land Tax Act 2005, for
"Victorian Urban Development Authority"
substitute "Urban Renewal Authority Victoria".
20 Amendment to the Melbourne City Link Act 1995
In section 62(1)(b) of the Melbourne City Link
Act 1995, for "Victorian Urban Development
Authority" substitute "Urban Renewal Authority
Victoria".
21 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 "Victorian Urban Development
Authority" substitute "Urban Renewal Authority
Victoria".
(2) In Schedule 1 to the Treasury Corporation of
Victoria Act 1992—
(a) in column 1, for "Victorian Urban
Development Authority" substitute "Urban
Renewal Authority Victoria"; and
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Victorian Urban Development Authority Amendment (Urban Renewal
Authority Victoria) Act 2011
No. 35 of 2011
Part 3—Consequential Amendments to other Acts and other Matters
(b) in column 2, for "Victorian Urban
Development Authority Act 2003"
substitute "Urban Renewal Authority
Victoria Act 2003".
22 Amendment to the Transport Integration Act 2010
In section 3 of the Transport Integration Act
2010, in the definition of interface body, in
paragraph (g)—
(a) for "Victorian Urban Development
Authority Act 2003" substitute "Urban
Renewal Authority Victoria Act 2003";
and
(b) for "Victorian Urban Development
Authority" substitute "Urban Renewal
Authority Victoria".
23 Repeal of amending Act
This Act is repealed on 1 July 2013.
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).
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s. 22
Victorian Urban Development Authority Amendment (Urban Renewal
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No. 35 of 2011
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 1 June 2011
Legislative Council: 16 June 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the
Victorian Urban Development Authority Act 2003 to abolish the
Victorian Urban Development Authority, to establish the Urban Renewal
Authority Victoria as its successor in law and for other purposes."
14