S. 3(1) def. of secretary amended by Nos 125/1993 s. 20(10), 35/1995 s. 11(1)(b). secretary in relation to a responsible authority or planning authority being— (a) a Minister, means the Department Head of the Minister's department; and (b) a municipal council, means the Chief Executive Officer of the council; and (c) any other responsible authority or planning authority, means the Chief Executive Officer of the authority— and includes any person for the time being authorised by the authority to exercise the powers and perform the duties of that office; S. 3(1) def. of subdivision amended by No. 53/1988 s. 45(Sch. 2 item 30). subdivision means the division of land into two or more parts which can be disposed of separately; S. 3(1) def. of Tribunal inserted by No. 52/1998 s. 183(b). Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; S. 3(1) def. of urban growth boundary inserted by No. 23/2010 s. 3. urban growth boundary means a boundary that is specified or is to be specified as an urban growth boundary in a planning scheme; s. 3 use in relation to land includes use or proposed use for the purpose for which the land has been or is being or may be developed; S. 3(1) def. of Victoria Planning Provisions inserted by No. 77/1996 s. 4. Victoria Planning Provisions means the Victoria Planning Provisions approved under Part 1A as amended from time to time;
S. 9 substituted by Nos 81/2004 s. 3, 47/2007 s. 5. 9 Authorised Ministers and authorities are planning authorities s. 9 (1) The Minister may authorise any other Minister or public authority to prepare an amendment to any part of the State standard provisions and local provisions of a planning scheme. (2) An authorisation must be in writing. (3) The Minister may authorise the preparation of an amendment subject to any conditions the Minister wishes to impose, including conditions relating to the giving of notice of the amendment. (4) A Minister or public body that is authorised under this section to prepare an amendment to a planning scheme is a planning authority under this Act. S. 10 amended by Nos 59/1987 s. 38, 88/1991 s. 15, 16/1993 s. 20(d), 118/1994 ss 4(f), 9(f), 16/1995 s. 4(g), repealed by No. 35/1995 s. 4(c), new s. 10 inserted by No. 81/2004 s. 3. 10 Restrictions and powers relating to the preparation of amendments s. 10 (1) The power given to a planning authority to prepare an amendment to the State standard provisions of a planning scheme extends only to the inclusion of a provision in or deletion of a provision from the State standard provisions of the planning scheme. (2) A planning authority that is given power to amend more than one planning scheme may prepare amendments to two or more of those schemes in the one instrument. (3) Only the Minister may include in an amendment a provision setting out the classes of land, use or development exempted from section 96(1) or 96(2). S. 10(4) repealed by No. 47/2007 s. 6. * * * * *
(a) the strategic planning, land use and development objectives of the planning authority; and (b) the strategies for achieving the objectives; and (c) a general explanation of the relationship between those objectives and strategies and the controls on the use and development of land in the planning scheme; and (d) any other provision or matter which the Minister directs to be included in the municipal strategic statement. S. 12A(4) substituted by No. 47/2007 s. 7. (4) A municipal strategic statement must be consistent with the current Council Plan for the municipal council approved under section 125 of the Local Government Act 1989. S. 12A(5)(6) repealed by No. 81/2004 s. 4. * * * * * S. 12A(7) inserted by No. 77/2003 s. 5(2). (7) This section does not apply to any part of a municipal district that is within the . S. 12B inserted by No. 81/2004 s. 5. 12B Review of planning schemes S. 12B(1) substituted by No. 47/2007 s. 8. s. 12B (1) A planning authority which is a municipal council must review its planning scheme— (a) no later than one year after each date by which it is required to approve a Council Plan under section 125 of the Local Government Act 1989; or
(7) A planning authority may take any other steps it thinks necessary to tell anyone who may be affected by the amendment about its preparation. 20 Exemption from giving notice s. 20 (1) A planning authority may apply to the Minister to exempt it from any of the requirements of section 19 or the regulations in respect of an amendment. S. 20(2) amended by No. 128/1993 s. 6(1)(a)(i)(ii). (2) If the Minister considers that compliance with any of those requirements is not warranted, or that the interests of or any part of make such an exemption appropriate, the Minister may— (a) exempt a planning authority from any of those requirements; and (b) impose conditions on that exemption, including a condition which requires the planning authority to give notice of the amendment in any specified manner. (3) The Minister cannot exempt a planning authority from the requirement to give notice— (a) to the owner of any land, of an amendment which provides for— (i) the reservation of that land for public purposes; or (ii) the closure of a road which provides access to that land; or (b) to any Minister prescribed under section 19(1)(c); or S. 20(3)(ba) inserted by No. 53/1988 s. 45(Sch. 2 item 32). (ba) under section 19(2) or (3), if the amendment proposes a change to provisions relating to land set aside or reserved as public open space; or s. 20 (c) to the Minister administering the Land Act 1958 under section 19(1)(d).
S. 46K(1)(e) amended by No. 101/2004 s. 4(1)(b). (e) unless a standard levy is applied, specify the proportion of the total estimated cost of the works services and facilities which is to be funded by a development infrastructure levy or community infrastructure levy or both; and (f) specify the land in the area and the types of development in respect of which a levy is payable and the method for determining the amount of levy payable in respect of any development of land; and S. 46K(1)(fa) inserted by No. 101/2004 s. 4(1)(c). (fa) specify the Minister, public authority or municipal council to whom or to which the community infrastructure levy or development infrastructure levy is payable under this Part (the collecting agency); and S. 46K(1)(fb) inserted by No. 101/2004 s. 4(1)(c). (fb) specify any Minister, public authority or municipal council that is to be responsible for the provision of the works, services or facilities for which the community infrastructure levy or development infrastructure levy or part of that levy is payable under this Part (the development agency); and (g) provide for the procedures for the collection of a development infrastructure levy in respect of any development for which a permit under this Act is not required. (2) A development contributions plan may— (a) exempt certain land or certain types of development from payment of a development infrastructure levy or community infrastructure levy or both; and (b) provide for different rates or amounts of levy to be payable in respect of different types of
S. 46O inserted by No. 50/1995 s. 3. 46O Collection of community infrastructure levy s. 46O (1) If— (a) an approved development contributions plan provides that a community infrastructure levy is payable in respect of the development of any land; and (b) an application is made under the Building Act 1993 for a building permit to carry out building work in respect of that development— the applicant must, before the building permit is issued— S. 46O(1)(c) amended by No. 101/2004 s. 7. (c) pay the amount of the levy to the relevant collecting agency; or S. 46O(1)(d) amended by No. 101/2004 s. 7. (d) enter into an agreement with the relevant collecting agency to pay the amount of the levy within a time specified in the agreement. (2) If— (a) an approved development contributions plan provides that a community infrastructure levy is payable in respect of the development of any land; and (b) a building permit under the Building Act 1993 is not required for the building work for that development— a person who proposes to carry out that development of the land must, before commencing the development— S. 46O(2)(c) amended by No. 101/2004 s. 7. (c) pay the amount of the levy to the relevant collecting agency; or
levy that is imposed for the carrying out of works, services or facilities by or on behalf of that development agency. S. 46Q(2) substituted by No. 101/2004 s. 8(1). (2) Subject to this section, a municipal council to which an amount of levy is paid as a development agency under this Part must apply that amount only— (a) for a purpose relating to the provision of works, services and facilities in respect of which the levy was imposed; and (b) in accordance with the approved development contributions plan. S. 46Q(3) amended by No. 101/2004 s. 8(2). (3) A municipal council may refund any amount of levy paid to it as a development agency under this Part in respect of a development if it is satisfied that the development is not to proceed. S. 46Q(4) amended by No. 101/2004 s. 8(3)(b). (4) If— S. 46Q(4)(a) amended by No. 101/2004 s. 8(3)(a). (a) an amount of levy has been paid to a municipal council as a development agency under this Part for the provision of works, services or facilities in an area; and (b) that amount has not been expended within the period required by the approved development contributions plan— the municipal council must within 6 months after the end of that period— (c) with the consent of the Minister and in the manner approved by the Minister, pay that amount to the current owners of land in the area; or (d) in accordance with Part 3, submit to the Minister an amendment to the approved
S. 46R inserted by No. 72/1998 s. 3. 46R Definitions s. 46R (1) In this Part— approved strategy plan means the Melbourne Airport Environs Strategy Plan approved under section 46U(2) as that plan is amended from time to time under this Part; Melbourne Airport Environs Area means— (a) the Melbourne Airport Environs Area declared by order under section 46S(1); and (b) any area included in the Melbourne Airport Environs Area under section 46S(2)— but excludes any area excluded from the Melbourne Airport Environs Area under section 46S(2). S. 46S inserted by No. 72/1998 s. 3. 46S Environs Area (1) The Governor in Council may by order published in the Government Gazette declare an area of land to be the Melbourne Airport Environs Area. (2) The Governor in Council may by order published in the Government Gazette— (a) include any area of land in the Melbourne Airport Environs Area; or (b) exclude any area of land from the Melbourne Airport Environs Area. S. 46T inserted by No. 72/1998 s. 3. 46T Preparation of strategy plan s. 46T (1) The Minister may at any time prepare a strategy plan for the Melbourne Airport Environs Area or any part of that area.
S. 57(2B) inserted by No. 128/1993 s. 14(2). (2B) If an objection has been rejected under subsection (2A) this Act applies as if the objection had not been made. (3) If a number of persons make one objection, they may give the responsible authority the name and address of the person to whom the responsible authority is to give notice of the decision. (4) If a number of persons make one objection, it is sufficient compliance with sections 64(1) and 65(1) if the responsible authority gives the notice— (a) to the person named under subsection (3); or (b) if no name and address is given under subsection (3) to one of the persons who made the objection. S. 57(5) amended by No. 52/1998 s. 191(2)(e). (5) The responsible authority must make a copy of every objection available at its office for any person to inspect during office hours free of charge until the end of the period during which an application may be made for review of a decision on the application. S. 57A inserted by No. 81/2004 s. 21. 57A Amendments to application after notice of application is given s. 57A (1) An applicant may ask the responsible authority to amend an application after notice of the application is given under section 52. (2) An amendment to an application may include— (a) an amendment to the use or development mentioned in the application; and (b) an amendment to the description of land to which the application applies; and (c) an amendment to any plans and other documents forming part of or accompanying the application.
(ii) confirm the requirement; or (iii) change the requirement; or S. 85(1)(da) inserted by No. 81/2004 s. 30(2). (da) direct that the time within which information is to be given under section 54 must be extended for a specified period or must not be extended, in the case of an application for review of the refusal or failure of the responsible authority to extend the time under section 54A; or (e) direct that a permit must or must not contain any specified condition; or S. 85(1)(f) amended by Nos 48/1991 s. 61(3)(d), 52/1998 s. 191(9)(a)(ii). (f) direct that the time within which a development or use is to be started or the development is completed or within which a plan under the Subdivision Act 1988 is to be certified must be extended for a specified period or must not be extended, in the case of an application for review of the refusal or failure of the responsible authority to extend the time; or S. 85(1)(g) amended by No. 52/1998 s. 191(9)(a)(ii). (g) cancel a permit if— s. 85 (i) it upholds an application for review of a condition specified in a permit on the ground that the responsible authority had no power to impose the condition; and (ii) it considers that the permit should not or would not have been granted without the condition. S. 85(2) substituted by No. 52/1998 s. 191(10). (2) If the Tribunal gives a direction under subsection (1)(d)(i), the prescribed period for the purpose of making an application for review under section 79 begins on the day on which the direction is given.
(3) The Tribunal may refuse to consider a request under this section or section 87 unless it is satisfied that the request has been made as soon as practicable after the person making it had notice of the facts relied upon in support of the request. 90 Hearing by Tribunal S. 90(1) amended by No. 52/1998 s. 191(1). s. 90 (1) The Tribunal must give the following persons a reasonable opportunity to be heard at the hearing of any request— (a) the responsible authority; (b) the owner and the occupier of the land concerned; (c) any person who asked for the cancellation or amendment of the permit under section 87; (d) the Minister; S. 90(1)(e) repealed by No. 35/1995 s. 4(h), new s. 90(1)(e) inserted by No. 47/2007 s. 14. (e) any person who asked for the amendment of the permit under section 87A; (f) any relevant referral authority. (2) The Tribunal may give any other person who appears to it to have a material interest in the outcome of the request an opportunity to be heard at the hearing of the request. S. 90A inserted by No. 28/2000 s. 7. 90A Matters which Tribunal must take into account S. 90A(1) amended by No. 81/2004 s. 33. (1) In determining a request, the Tribunal must take into account the matters set out in section 84B(2) as if the request were an application for review.
S. 97I inserted by No. 128/1993 s. 22. 97I Application for amendment of permit s. 97I (1) A person who is entitled to use or develop land in accordance with a permit issued under this Division may apply to the Minister for an amendment to the permit. S. 97I(1A) inserted by No. 81/2004 s. 38(4). (1A) In this section a reference to a permit includes any plans, drawings or other documents approved under a permit. (2) Sections 97D and 97E (with any necessary changes) apply to an application for an amendment to a permit as if it were an application for a permit referred to the Minister under section 97B or 97C. S. 97I(3) repealed by No. 81/2004 s. 38(5). * * * * * S. 97J inserted by No. 128/1993 s. 22. 97J Decision on amendment After considering the report of a panel (if any), the planning scheme and any matters to be considered under section 60, the Minister may— (a) amend the permit; or (b) amend the permit subject to conditions; or (c) refuse to amend the permit on any ground he or she thinks fit. S. 97K inserted by No. 128/1993 s. 22. 97K Notice of decision (1) The Minister must give notice— (a) of the decision under section 97J to the applicant; and S. 97K(1)(b) amended by No. 81/2004 s. 38(6). (b) of the correction of a permit under section 71 or the amendment of a permit under section 97J to the first responsible authority; and
(1) This section applies to members of staff of a responsible authority and other persons who have a duty or are engaged to provide advice or a report to a DAC. (2) A person, who is providing advice or a report to a meeting of a DAC or otherwise to a DAC and who has a direct interest or an indirect interest (within the meaning of this Subdivision) in a matter to which the advice or report relates, must not, without reasonable excuse, fail to disclose the type of interest when providing the advice or report to the DAC. 50 penalty units. (3) A disclosure made by a person under subsection (2) must be recorded in the minutes of any relevant meeting of the DAC. (4) A person who has made a disclosure under subsection (2) must disclose the nature of the interest if required to make that disclosure by the DAC. S. 97MZC inserted by No. 66/2009 s. 5. 97MZC Conflict of interest (1) In this Subdivision, a person has a conflict of interest in respect of a matter if the person has a direct interest or indirect interest in the matter. (2) A person has a direct interest in a matter if the person has an interest of a kind described in section 97MZD. (3) A person has an indirect interest in a matter if the person has— (a) a close association as specified in section 97MZE; or (b) an indirect financial interest as specified in section 97MZF; or
relative of a person means— (a) a direct relative of the person; (b) a direct relative of a person who is the direct relative of the person; son of a person means a biological son, stepson, adopted son or male child for whom the person has custodial responsibilities. (2) A person has an indirect interest by close association in a matter if— (a) a family member of the person has a direct interest or an indirect interest in a matter; or s. 97MZE (b) a relative of the person has a direct interest in a matter; or (c) a member of the person's household has a direct interest in a matter. (3) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are cotenants. S. 97MZF inserted by No. 66/2009 s. 5. 97MZF Indirect interest that is an indirect financial interest s. 97MZF
S. 97MZO inserted by No. 66/2009 s. 5. 97MZO Inspection of register s. 97MZO (1) The Secretary must allow a person to inspect the register if that person has previously made written application to the Secretary to do so and the application meets the requirements of the regulations (if any). (2) The register may be inspected at the offices of the Department during normal office hours. (3) The Secretary must take all reasonable steps to ensure that no person, other than a person who has made an application in accordance with this section, has access to or is permitted to inspect the register or any return. (4) The Secretary must maintain a record of the names of persons who have inspected the register of interests under subsection (2). S. 97MZP inserted by No. 66/2009 s. 5. 97MZP Member may inspect records A member or an alternate member of a DAC whose interests are recorded in the register may inspect the record kept under section 97MZO(4) of names of persons who have inspected his or her personal records. S. 97MZQ inserted by No. 66/2009 s. 5. 97MZQ Persons not to publish information from register A person must not publish any information derived from the register unless that information is a fair and accurate summary or copy of the information derived from the register. 20 penalty units.
S. 115(2) amended by No. 86/1989 s. 25(m), repealed by No. 52/1998 s. 188(3). * * * * * S. 115(3) amended by No. 62/1991 ss 25(3), 35(3), repealed by No. 52/1998 s. 188(3). * * * * * S. 115(4) inserted by No. 62/1991 s. 35(4), repealed by No. 52/1998 s. 188(3). * * * * * S. 115(5) inserted by No. 62/1991 s. 35(4), repealed by No. 52/1998 s. 188(3). * * * * * S. 116 amended by No. 52/1998 s. 188(4)(a). 116 Determination of Tribunal where no objections s. 116 If the Tribunal receives no objections to an application within the period specified in the notice, the Tribunal may— (a) make any enforcement order it thinks fit in accordance with section 119 in respect of the land; or (b) reject the application. 117 Determination of Tribunal where objections are received S. 117(1) amended by No. 52/1998 s. 188(4)(a). (1) If the Tribunal receives an objection to the application within the period specified in the notice, the Tribunal must give the following persons a reasonable opportunity to be heard or to
(b) the determination of the application under section 114. S. 120(7)(8) repealed by No. 52/1998 s. 188(4)(d). * * * * * (9) If an application for an interim enforcement order was made without notice to any person, the Tribunal must give any person affected by the interim enforcement order a reasonable opportunity to be heard by it with respect to the interim enforcement order within seven days after making the order. (10) After hearing any person under subsection (9) the Tribunal may continue, amend, or cancel the interim enforcement order. S. 120(11) repealed by No. 86/1989 s. 7(2). * * * * * S. 121 amended by Nos 62/1991 s. 35(8), 52/1998 s. 191(1). 121 Cancellation of enforcement order or interim enforcement order s. 121 The Tribunal may cancel or amend any enforcement order or interim enforcement order. 122 Offences S. 122(1)–(3) repealed by No. 52/1998 s. 188(4)(e). * * * * *
section with the same offence may also be convicted of the offence and is liable to the penalty for that offence unless that person proves that the act or omission constituting the offence took place without that person's knowledge or consent. 129 Penalties to be paid to prosecuting authority s. 128 If an offence against this Act has been prosecuted by a responsible authority, all penalties recovered in relation to the offence must be paid to it. 130 Planning infringements S. 130(1) amended by No. 86/1989 s. 18(1). (1) An authorised officer of a responsible authority may serve a planning infringement notice on any person, if the authorised officer has reason to believe that the person has committed an offence against section 126 in an area for which the authority is responsible. S. 130(2) amended by No. 86/1989 s. 18(2)(a)(b), substituted by No. 32/2006 s. 94(Sch. item 37(1)). (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. S. 130(2A) inserted by No. 32/2006 s. 94(Sch. tem 37(1)). (2A) In addition to the details required under section 13 of the Infringements Act 2006, the details of the additional steps (if any) required to expiate the offence must be included in an infringement notice served under subsection (1). S. 130(3) amended by No. 86/1989 s. 18(3), substituted by No. 28/2000 s. 10(3). (3) The penalty for the purposes of this section for an offence against section 126 is— (a) in the case of a natural person, 5 penalty units; and (b) in the case of a body corporate, 10 penalty units.
S. 147(1)(c) inserted by No. 86/1989 s. 25(q), amended by No. 81/2004 s. 39. (c) the person may give or serve the document personally, by post, or in any other prescribed way. S. 147(2) amended by No. 35/1995 s. 11(1)(f). (2) If this Act requires the Minister to keep any document at the Minister's office, the document may be kept at any office or offices of the Department that the Minister specifies. (3) If a Minister is the planning authority or the responsible authority under this Act any reference in this Act to— (a) the chairperson of the planning authority or responsible authority is a reference to the Minister; and s. 147 (b) a member or officer of the planning authority or responsible authority is a reference to— S. 147(3)(b)(i) amended by No. 35/1995 s. 11(1)(g). (i) the Department Head of the Minister's department; or S. 147(3)(b)(ii) amended by Nos 35/1995 s. 11(1)(h), 46/1998 s. 7(Sch. 1). (ii) any employee of the Minister's department. S. 147(4) amended by Nos 35/1995 s. 11(1)(i) (i)–(iii), 46/1998 s. 7(Sch. 1). (4) Any reference in this Act to an authorised officer of a responsible authority or of the Department is a reference to an officer or employee of the authority or employee of the Department whom the authority or the Secretary to the Department (as the case requires) authorises in writing generally or in a particular case to carry out the duty or function or to exercise the power in connection with which the expression is used.
S. 154 substituted by No. 128/1993 s. 27. 154 Composition of panels A panel may consist of one or more persons. S. 155 substituted by No. 128/1993 s. 27. 155 Chairperson If a panel consists of more than one member, the Minister must appoint one of the members to be chairperson. S. 156 (Heading) inserted by No. 47/2007 s. 15(1). 156 Costs and expenses of panel (1) Each member of a panel is entitled to receive any fees and allowances fixed by the Minister in respect of that member unless the person is employed by or on behalf of the Crown. S. 156(2) substituted by No. 35/1995 s. 8(1). (2) The relevant planning authority must pay the fees or allowances unless the Minister otherwise directs. S. 156(2A) inserted by No. 22/1996 s. 17(1). (2A) If any member of a panel is a person employed by or on behalf of the Crown, the relevant planning authority must pay to the Crown the amount fixed by the Minister in respect of the costs of remuneration and expenses of that person for the period he or she is a member of the panel. S. 156(2B) inserted by No. 47/2007 s. 15(2). (2B) The relevant planning authority must pay for, or reimburse, any reasonable costs and expenses incurred for or by a panel in carrying out its functions under this Part unless the Minister otherwise directs. S. 156(3) substituted by No. 86/1989 s. 21(1), amended by No. 35/1995 s. 8(2), substituted by No. 22/1996 s. 17(2), amended by No. 47/2007 s. 15(3). (3) A planning authority required to pay an amount under subsection (2), (2A) or (2B) may ask any person who has requested the amendment of the planning scheme to agree to contribute to that amount.
Pt 9 Div. 8 (Heading and s. 201A) inserted by No. 86/1989 s. 23, amended by No. 128/1993 s. 33. Division 8—Change of responsible authority or area S. 201A inserted by No. 86/1989 s. 23. 201A What if the responsible authority changes? s. 201A If because of— S. 201A(a) amended by No. 77/2003 s. 6. (a) the operation of section 15, 96 or 201CA; or (b) an amendment to a planning scheme; or S. 201A(ba) inserted by No. 53/2012 s. 10. (ba) an amendment to an application for a permit; or S. 201A(c) amended by No. 39/2004 s. 261. (c) revocation of an order under section 95; or S. 201A(ca) inserted by No. 39/2004 s. 261. (ca) the operation of any Act— a person (in this section called the old authority) ceases to be or to have the powers and duties of a responsible authority for a planning scheme and another person (in this section called the new authority) becomes, or acquires the powers of, the responsible authority for the scheme— (d) anything of a continuing nature (including a contract, agreement or proceeding) done or commenced by or in relation to the old
certificate of deferral has the meaning set out in section 201SZ; certificate of exemption has the meaning set out in section 201SZC; certificate of no GAIC liability has the meaning set out in section 201SZD; certificate of partial release has the meaning set out in section 201SZB; certificate of release has the meaning set out in section 201SY; certificate of staged payment approval has the meaning set out in section 201SZA; commencement day means the day on which section 9 of the Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010 comes into operation; Commissioner means the Commissioner of State Revenue referred to in section 62 of the Taxation Administration Act 1997; S. 201R def. of construction inserted by No. 2/2012 s. 3. construction has the meaning that it has in the Building Act 1993; consumer price index means the Consumer Price Index (All Groups Index) for issued by the Australian Statistician; contract for the sale of land includes an agreement granting an option to purchase or sell land, which creates a contingent or executory equitable estate or interest in the land; s. 201R contribution area has the meaning set out in section 201RC;
GAIC means growth areas infrastructure contribution; s. 201R GAIC event means an event described under section 201RA; GAIC certificate means a certificate issued under section 201SZF; GAIC recording in relation to land in the contribution area, means a recording made by the Registrar of Titles under section 201UD of a notification on a folio of the Register relating to the land indicating that a growth areas infrastructure contribution may be payable in respect of that land; growth areas infrastructure contribution means a contribution imposed under section 201S; investigation area means an area of land described in Part 2 of Schedule 1; S. 201R def. of land rich landholder substituted as landholder by No. 38/2012 s. 16(a). landholder has the same meaning as in section 71 of the Duties Act 2000; lot has the same meaning as in section 3(1) of the Subdivision Act 1988; S. 201R def. of plan of subdivision inserted by No. 31/2011 s. 4(2). plan of subdivision has the same meaning as in section 3(1) of the Subdivision Act 1988; precinct structure plan in relation to land means a precinct structure plan which has been incorporated by the planning scheme applying to that land;
announced on the first announcement day to apply in respect of certain additional growth area land. S. 201R def. of Secretary to the Department of Transport inserted by No. 6/2010 s. 203(1) (Sch. 6 item 35.2) (as amended by No. 45/2010 s. 22). Secretary to the Department of Transport means the Secretary within the meaning of section 3 of the Transport Integration Act 2010; s. 201R settlement in relation to a contract for the sale of land, means the time at which the purchaser becomes entitled to possession or to the receipt of rents and profits; significant acquisition has the meaning set out in section 201RE; single dwelling has the same meaning as in section 188A(4) of the Building Act 1993; statement of compliance has the same meaning as in section 21 of the Subdivision Act 1988; sub-sale of dutiable property has the meaning set out in section 201RD; type A land is the land described in section 201RC(2); type B-1 land is the land described in section 201RC(3); type B-2 land is the land described in section 201RC(4); type C land is the land described in section 201RC(5); s. 201R urban development area means land that is within a growth area and that is zoned under a planning scheme—
S. 201TD inserted by No. 23/2010 s. 9. 201TD Exemption for transfer of land by owner to superannuation fund or to beneficiaries s. 201TD (1) No growth areas infrastructure contribution is payable in respect of land that is— (a) transferred to the trustee of a complying superannuation fund by the owner of the land; or (b) transferred from the trustee of that fund to the beneficiaries of the fund. (2) In this section complying superannuation fund has the same meaning as in section 3(1) of the Duties Act 2000. Subdivision 3—Reductions and exemptions granted by the Governor in Council or Minister S. 201TE inserted by No. 23/2010 s. 9, substituted by No. 31/2011 s. 21. 201TE Governor in Council may grant reduction or exemption of GAIC in exceptional circumstances (1) The Governor in Council, on the recommendation of the Minister, may grant a reduction of the whole or part, or an exemption from the whole, of the liability of a person to pay a growth areas infrastructure contribution if— (a) the person has applied in accordance with this section; and (b) the Governor in Council is satisfied that exceptional circumstances exist. (2) Despite subsection (1), the Governor in Council must not grant a reduction or exemption in respect of liability to pay a growth areas infrastructure contribution the whole or part of which has been deferred under Subdivision 3 of Division 2. (3) Subject to this section, an application under this section may be made to the Minister by a person on whom a growth areas infrastructure
Assent Date: 11.6.03 Commencement Date: 12.6.03: s. 2 : All of Act in operation Planning and Environment () Act 2003, No. 77/2003 Assent Date: 21.10.03 Commencement Date: 22.10.03: s. 2 : All of Act in operation Road Management Act 2004, No. 12/2004 Assent Date: 11.5.04 Commencement Date: S. 166 on 1.7.04: s. 2(2) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Mitcham-Frankston Project Act 2004, No. 39/2004 Assent Date: 8.6.04 Commencement Date: S. 261 on 1.7.04: Special Gazette (No. 148) 25.6.04 p. 1 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Sustainable Forests (Timber) Act 2004, No. 48/2004 Endnotes Assent Date: 16.6.04 Commencement Date: S. 137 on 17.6.04: s. 2(1) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment (General Amendment) Act 2004, No. 81/2004 Assent Date: 16.11.04 Commencement Date: 23.5.05: Government Gazette 19.5.05 p. 930 : All of Act in operation Planning and Environment (Development Contributions) Act 2004, No. 101/2004 Assent Date: 14.12.04 Commencement Date: 15.12.04: s. 2 : All of Act in operation Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 155) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Statute Law Revision Act 2005, No. 10/2005 Assent Date: 27.4.05 Commencement Date: S. 3(Sch. 1 item 17) on 28.4.05: s. 2 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date: 17.11.09 Commencement Date: Ss 3–5 on 18.11.09: s. 2 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: Ss 25(5)(Sch. 2 item 10), 203(1)(Sch. 6 item 35) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010, No. 23/2010 Assent Date: 1.6.10 Commencement Date: Ss 3–5 on 8.6.10: Special Gazette (No. 212) 8.6.10 p. 1; ss 6–13 on 1.7.10: Special Gazette (No. 242) 25.6.10 p. 1 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Local Government and Planning Legislation Amendment Act 2010, No. 58/2010 Assent Date: 14.9.10 Commencement Date: Ss 36–43 on 24.9.10: Government Gazette 23.9.10 p. 2186 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Endnotes Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 70) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011, No. 31/2011 Assent Date: 29.6.11 Commencement Date: Ss 4, 5, 7–27 on 30.6.11: s. 2(1); s. 6 on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011