works includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil. S. 3(2) inserted by No. 46/1998 s. 7(Sch. 1), amended by Nos 108/2004 s. 117(1)(Sch. 3 item 155.1), 47/2007 s. 3(2). (2) If under the Public Administration Act 2004 the name of the Department of Planning and Community Development is changed, the reference in the definition of Department in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. S. 3(3) inserted by No. 77/2003 s. 3(2). (3) The Governor in Council may by order published in the Government Gazette— (a) include any area of land adjoining the of in the ; or (b) exclude any area of land from the . S. 3A inserted by No. 6/2010 s. 25(5)(Sch. 2 item 10.1) (as amended by No. 45/2010 s. 6). 3A Transport Integration Act 2010 This Act is interface legislation within the meaning of the Transport Integration Act 2010. 4 Objectives s. 3A (1) The objectives of planning in are— (a) to provide for the fair, orderly, economic and sustainable use, and development of land; (b) to provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity; (c) to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to ;
(d) to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value; (e) to protect public utilities and other assets and enable the orderly provision and coordination of public utilities and other facilities for the benefit of the community; (f) to facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e); (g) to balance the present and future interests of all Victorians. (2) The objectives of the planning framework established by this Act are— (a) to ensure sound, strategic planning and coordinated action at State, regional and municipal levels; s. 4 (b) to establish a system of planning schemes based on municipal districts to be the principal way of setting out objectives, policies and controls for the use, development and protection of land; (c) to enable land use and development planning and policy to be easily integrated with environmental, social, economic, conservation and resource management policies at State, regional and municipal levels; (d) to ensure that the effects on the environment are considered and provide for explicit consideration of social and economic effects when decisions are made about the use and development of land;
S. 6(2)(d) repealed by No. 35/1995 s. 4(a), new s. 6(2)(d) inserted by No. 77/1996 s. 6(2). (d) include strategic plans, policy statements, codes or guidelines relating to the use or development of land; (e) regulate or prohibit any use or development in hazardous areas or in areas which are likely to become hazardous areas; (f) set out requirements for the provision of public utility services to land; S. 6(2)(g) amended by No. 53/1988 s. 45(Sch. 2 item 30A) (as amended by No. 47/1989 s. 19(x)), substituted by No. 48/1991 s. 59(a). (g) subject to section 6A, regulate or provide for the creation, variation or removal of easements or restrictions under section 23 of the Subdivision Act 1988; S. 6(2)(ga) inserted by No. 48/1991 s. 59(a). (ga) subject to section 6A, regulate or provide for the variation or removal of conditions in the nature of easements in Crown grants, under section 23 of the Subdivision Act 1988; S. 6(2)(gb) inserted by No. 48/1991 s. 59(a). s. 6 (gb) subject to section 6A, regulate or provide for the creation or removal of easements or rights of way under section 36 of the Subdivision Act 1988; S. 6(2)(h) amended by No. 86/1989 s. 25(b). (h) require specified things to be done to the satisfaction of the responsible authority a Minister, public authority, municipal council or referral authority; S. 6(2)(ha) inserted by No. 35/1995 s. 3(1). (ha) require specified information to be provided with an application for a permit;
code or guideline in the planning scheme. (5) The Minister may issue directions or guidelines as to the form and content of any planning scheme or planning schemes. (6) A planning authority must comply with a direction of the Minister under subsection (5). S. 8 amended by Nos 86/1989 ss 5(2), 25(c), 35/1995 s. 4(b), 77/1996 s. 8, 89/1997 s. 75(1), 77/2003 s. 4, substituted by No. 81/2004 s. 3. 8 Minister is planning authority s. 8 (1) The Minister may prepare— (a) a planning scheme for any municipal district or other area of ; or (b) amendments to any provision of a planning scheme. (2) The Minister is a planning authority under this Act. (3) This Act applies to a planning scheme prepared by the Minister as if it were an amendment to a planning scheme. S. 8A inserted by No. 47/2007 s. 4. 8A Municipal councils are planning authorities (1) A municipal council is a planning authority— (a) for any planning scheme in force in its municipal district; and (b) for any other planning scheme for which it is authorised under this section to prepare an amendment. (2) Despite subsection (1)(a), a municipal council may only prepare an amendment to a planning scheme if authorised to do so by the Minister under this section. (3) The Minister, on the application of a municipal council, may authorise that municipal council to prepare an amendment to any part of the State standard provisions and local provisions of—
considers that compliance with any of those requirements is not warranted or that the interests of Victoria or any part of Victoria make such an exemption appropriate. S. 20(5) substituted by No. 128/1993 s. 6(2). (5) The Minister may consult with the responsible authority or any other person before exercising the powers under subsection (2) or (4). S. 20(6) inserted by No. 66/2009 s. 3, substituted by No. 58/2010 s. 36. (6) The Minister cannot, under this section, exempt a planning authority or himself or herself from any requirement if the amendment is to include a DAC Activity Centre Area within the meaning of Part 4AA or to amend the boundaries of such an Area. Division 2—Public submissions about an amendment S. 21 amended by Nos 86/1989 s. 25(f), 128/1993 s. 7(a). 21 Who may make a submission?, s. 21 (1) Any person may make a submission to the planning authority about an amendment of which notice has been given under section 19 or in accordance with a condition imposed under section 20(2)(b). S. 21(2) inserted by No. 128/1993 s. 7(b). (2) The planning authority must make a copy of every submission available at its office for any person to inspect during office hours free of charge until the end of two months after the amendment comes into operation or lapses. S. 21(3) inserted by No. 77/1996 s. 12(1). (3) A person is not entitled to make a submission which requests a change to the terms of any State standard provision to be included in a planning scheme by the amendment. S. 21(4) inserted by No. 77/1996 s. 12(1). (4) Despite subsection (3), a person is entitled to make a submission which requests that a State standard provision be included in or deleted from the scheme.
(i) the planning authority adopts it within that period; or (ii) the Minister allows a longer period for the adoption of the amendment; or (b) at the end of any period which the Minister allows unless the planning authority adopts it within that period; or (c) when the planning authority notifies the Minister in writing that it has abandoned the amendment or part; or S. 30(1)(d) amended by No. 43/2003 s. 4(1). (d) when the Minister refuses to approve it under this Act. Note to s. 30(1) inserted by No. 43/2003 s. 4(2). Note An amendment may also lapse under Part 3AA. (2) When an amendment has lapsed under subsection (1)(b), (c) or (d), the Minister must publish a notice in the Government Gazette setting out the date on which the amendment or part lapsed. (3) The publication of the notice under subsection (2) is conclusive proof of the date that the amendment lapsed. (4) If any person asks the Minister or a planning authority a question as to whether an amendment or part of an amendment has lapsed under subsection (1)(a), the Minister or planning authority must, without delay— (a) tell the person— (i) whether or not the amendment or part has lapsed; and (ii) if relevant, of any longer period allowed under subsection (1)(a)(ii); and
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 S. 46O(2)(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. S. 46P inserted by No. 50/1995 s. 3. 46P Provisions applying to collection of levies s. 46P S. 46P(1) amended by No. 101/2004 s. 7. (1) The relevant collecting agency may require the payment of an amount of levy referred to in
any person to inspect during office hours free of charge until— S. 51(a) amended by No. 52/1998 s. 191(2)(b). (a) the end of the latest period during which an application for review may be made under section 77, 79, 80 or 82 in relation to the application or the permit; or S. 51(b) substituted by No. 52/1998 s. 191(2)(c). (b) if an application for review is made to the Tribunal within that period, the application is determined by the Tribunal or withdrawn. 52 Notice of application s. 51 (1) Unless the responsible authority requires the applicant to give notice, the responsible authority must give notice of an application in a prescribed form— S. 52(1)(a) amended by Nos 53/1988 s. 45(Sch. 3 item 57) (as amended by No. 47/1989 s. 23(2)), 86/1989 s. 4(2)(a), 128/1993 s. 13(1). (a) to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of allotments or lots adjoining the land to which the application applies unless the responsible authority is satisfied that the grant of the permit would not cause material detriment to any person; and (b) to a municipal council, if the application applies to or may materially affect land within its municipal district; and (c) to any person to whom the planning scheme requires it to give notice; and S. 52(1)(ca) inserted by No. 100/2000 s. 7(1). (ca) to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of land benefited by a registered restrictive covenant, if anything authorised by the permit would result in a breach of the covenant; and
application is considered, approved by the Minister; and S. 60(1A)(ea) inserted by No. 44/2005 s. 4(b). (ea) the approved strategy plan under Part 3D; and S. 60(1A)(eb) inserted by No. 44/2005 s. 4(b). (eb) any amendment to the approved strategy plan under Part 3D adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and (f) any relevant State environment protection policy declared in any Order made by the Governor in Council under section 16 of the Environment Protection Act 1970; and (g) any other strategic plan, policy statement, code or guideline which has been adopted by a Minister, government department, public authority or municipal council; and (h) any amendment to the planning scheme which has been adopted by a planning authority but not, as at the date on which the application is considered, approved by the Minister or a planning authority; and (i) any agreement made pursuant to section 173 affecting the land the subject of the application; and (j) any other relevant matter. S. 60(2) inserted by No. 48/1991 s. 61(2)(b). (2) The responsible authority must not grant a permit which allows the removal or variation of a restriction (within the meaning of the Subdivision Act 1988) unless it is satisfied that the owner of any land benefited by the restriction (other than an owner who, before or after the making of the application for the permit but not more than three months before its making, has consented in
(a) a clerical mistake or an error arising from any accidental slip or omission; or (b) an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the permit. (2) The responsible authority must note the correction in the register. S. 72 amended by No. 86/1989 s. 4(2)(b), repealed by No. 81/2004 s. 25(2). * * * * * S. 73 amended by Nos 128/1993 s. 18(a)(b), 52/1998 s. 191(1), 28/2000 s. 5, 100/2000 s. 11(2) (ILA s. 39B(1)), repealed by No. 81/2004 s. 25(2). * * * * * Ss 74–76 repealed by No. 81/2004 s. 25(2). * * * * * Pt 4 Div. 1A (Heading and ss 72–76D) inserted by No. 81/2004 s. 26. Division 1A—Amendment of permits by responsible authority New s. 72 inserted by No. 81/2004 s. 26. 72 Application for amendment of permit s. 72 (1) A person who is entitled to use or develop land in accordance with a permit may apply to the
(b) the failure of the responsible authority to extend the time within one month after the request for extension is made. S. 81(2) inserted by No. 81/2004 s. 28. (2) An applicant for a permit may apply to the Tribunal for a review of a decision of a responsible authority under section 54A to refuse to extend the time within which information must be given by the applicant under section 54. 82 Appeals where objectors s. 81 S. 82(1) amended by No. 52/1998 s. 191(4)(b). (1) An objector may apply to the Tribunal for review of a decision of the responsible authority to grant a permit. S. 82(2) substituted by No. 128/1993 s. 19, amended by No. 52/1998 s. 191(4)(c). (2) A planning scheme may set out classes of applications for permits the decisions on which are exempted from subsection (1). S. 82(3) inserted by No. 128/1993 s. 19, substituted by No. 52/1998 s. 191(5). (3) If a planning scheme exempts a decision of an application for a permit from subsection (1), an application for review cannot be made under that subsection in respect of that decision. S. 82A inserted by No. 97/1987 s. 176(2), amended by Nos 86/1989 s. 29(9), 52/1998 s. 191(4)(b), repealed by No. 47/2007 s. 10. * * * * * S. 82AA inserted by No. 8/1995 s. 45, amended by No. 52/1998 s. 191(4)(d). 82AA Appeals relating to coastal Crown land Despite anything to the contrary in section 77 or 79, an applicant for a permit for the use or development of coastal Crown land within the
on which the objector intends to rely at the hearing of the proceeding. S. 83A inserted by No. 52/1998 s. 184. 83A Objectors entitled to notice (1) A person who objected to the grant of a permit is entitled to notice of an application by the applicant for the permit for review of— (a) a decision refusing to grant the permit; or (b) a failure to grant the permit; or (c) a decision imposing a condition on the permit. (2) Subsection (1) does not apply to a person if under a planning scheme the person is not entitled to apply to the Tribunal under section 82 for a review of a decision to grant the permit. S. 83B inserted by No. 52/1998 s. 184. 83B Notice if permit application was made without notice s. 83A (1) If the President of the Tribunal is satisfied that notice of an application for a permit was not given or that notice is not adequate, he or she may direct— (a) an applicant for review of a decision to grant or to refuse to grant, or a failure to grant, the permit— (i) to serve a copy of the application for review on any specified person; or (ii) to publish a notice of the application for review in the manner and within the time specified by the President; or (iii) to do both (i) and (ii); or (b) the responsible authority, at the expense of the applicant for review, to give or publish notice of the application for review to the
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. S. 85(3) inserted by No. 86/1989 s. 14(2), amended by No. 52/1998 s. 191(9)(b), substituted by No. 81/2004 s. 30(3). (3) If the Tribunal gives a direction under subsection (1)(d)(ii) or (1)(d)(iii) in respect of a requirement for more information which was made within the prescribed time under section 54, the Tribunal must determine a new lapse date for the application which must permit a period for compliance that is not less than the period allowed for in the notice of the requirement. S. 86 repealed by No. 86/1989 s. 15, new s. 86 inserted by No. 62/1991 s. 34, repealed by No. 35/1995 s. 11(2), new s. 86 inserted by No. 52/1998 s. 187. 86 Issue of permit s. 86 If an order made by the Tribunal requires a responsible authority to issue a permit, the responsible authority must issue that permit— (a) if the responsible authority is a Minister, within 3 working days after the day on which the responsible authority receives a copy of the order; or
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. 90A(2) amended by No. 81/2004 s. 33. (2) The matters set out in section 84B(2) are in addition to any other matters which the Tribunal can properly take account of or have regard to or is required to take account of or have regard to in determining a request. 91 Determination by Tribunal S. 91(1) amended by No. 52/1998 s. 191(1). s. 90A (1) After hearing a request, the Tribunal may direct the responsible authority to cancel or amend the permit and to take any action required in relation to the permit. S. 91(2) amended by No. 52/1998 s. 191(1). (2) The responsible authority must comply with the directions of the Tribunal without delay. S. 91(2A) inserted by No. 81/2004 s. 34. (2A) If the Tribunal directs the responsible authority to amend a permit, the responsible authority must
S. 96M(4)(a) amended by No. 100/2000 s. 14(5). (a) for section 87(1)(e) there were substituted— "(e) in the case of an application for a permit under section 96A, any failure to give notice in accordance with section section 96C; or"; and (b) section 87(1)(f) were omitted. (5) If a permit is granted under this Division— (a) the notice under section 36(1) of approval of the amendment to which the permit applies must also specify the places at which any person may inspect the permit; and (b) the notice under section 38 of approval of the amendment to which the permit applies must specify that the permit has been granted. S. 96N inserted by No. 77/1996 s. 14. 96N Who is to be the responsible authority? s. 96N Once a permit is granted under this Division, the responsible authority under the planning scheme becomes the responsible authority in respect of the permit. Pt 4 Div. 5 (Heading) repealed by No. 72/1998 s. 8(a). * * * * * S. 97 amended by No. 31/1989 s. 13(4), repealed by No. 67/1995 s. 57(2). * * * * * Pt 4 Div. 6 (Heading and ss 97A–97M) inserted by No. 128/1993 s. 22. Division 6—Powers of Minister in relation to applications
Government Gazette, establish one or more development assessment committees. (2) An order establishing a DAC must specify— (a) the class or classes of applications for permits to be decided on by the DAC; and S. 97MB(2)(b) substituted by No. 58/2010 s. 38(1). (b) the DAC Activity Centre Area or Areas for which the DAC is established and to which any such class of application applies. S. 97MB(3) repealed by No. 58/2010 s. 38(2). * * * * * (4) An order under this section takes effect from the day that it is published in the Government Gazette or, if a later day is specified in the order, on that later day. (5) The Minister must publish on the Department's Internet site— (a) the name of each DAC established by an order under this section; and (b) the class or classes of applications for permits to be decided on by that DAC; and S. 97MB(5)(c) amended by No. 58/2010 s. 38(3). (c) the DAC Activity Centre Area or Areas for which the DAC is established to which any such class of application applies. S. 97MC inserted by No. 66/2009 s. 5. 97MC Variation or revocation of order establishing DAC s. 97MC (1) The Governor in Council, on the recommendation of the Minister, may by order published in the Government Gazette— (a) revoke an order under section 97MB; or
Subdivision 1—General S. 97MW inserted by No. 66/2009 s. 5. 97MW Definition s. 97MW In this Division (except in Subdivisions 5 and 6), a member of a DAC includes an alternate member of that DAC when acting for a member of the DAC. Subdivision 2—Conduct principles S. 97MX inserted by No. 66/2009 s. 5. 97MX Conduct principles for DAC members In performing the role of a member of a DAC, a member must— (a) act with integrity; and (b) impartially decide DAC applications in accordance with this Act and the relevant planning scheme; and (c) not improperly seek to confer an advantage or disadvantage on any person; and (d) avoid conflicts between his or her public duties as a member of the DAC and his or her personal interests and obligations; and (e) act honestly and avoid statements (whether oral or in writing) or actions that will or are likely to mislead or deceive a person; and (f) treat all persons with respect and have due regard to the opinions, beliefs, rights and responsibilities of other members of the DAC, employees of a responsible authority providing services to the DAC and other persons; and (g) endeavour to ensure that public resources are used prudently and solely in the public interest; and (h) act lawfully; and
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.
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. 130(4) amended by No. 86/1989 s. 18(4). (4) Additional steps required to expiate an offence may include, but are not limited to, the following— s. 130 (a) stopping the development or use of land that constituted the offence; (b) modifying the development or use of land that constituted the offence; (c) removing the development that constituted the offence; (d) acting to prevent or minimise any adverse impact of the development or use of land that constituted the offence; (e) entering into an agreement under section 173; (f) doing or omitting to do anything in order to remedy a contravention of a planning scheme, permit or agreement under section 173. S. 130(5) inserted by No. 86/1989 s. 18(4). (5) If a planning infringement notice requires additional steps to be taken to expiate an offence and, before the end of the remedy period set out in the notice or, if the responsible authority allows, at any time before the service of a summons in respect of the offence, the person served with the notice informs the responsible authority that those steps have been taken, an authorised officer of the authority must, without delay, find out whether or not those steps have been taken, and serve on the person a notice stating whether or not those steps have been taken. S. 130(6) inserted by No. 86/1989 s. 18(4). (6) A statement in a notice under subsection (5) that additional steps have been taken is for all purposes conclusive proof of that fact.
S. 184(4) inserted by No. 48/1991 s. 63(3). (4) The Tribunal may approve the amendment if— (a) it considers that the land owner is not subject to any further liability under the agreement; or (b) having regard to any relevant permit, or requirements under the Subdivision Act 1988, it considers it inappropriate that the agreement should continue to apply to the land and the owner. Division 3—Powers of Minister 185 Inquiry powers S. 185(1) amended by No. 126/1993 s. 264(Sch. 5 item 17.3). s. 184 (1) The provisions of Division 1 of Part 13 of the Building Act 1993 with such changes as are necessary apply to and in respect of powers and duties conferred or imposed on any municipal council by or under this Act. (2) Subsection (1) does not affect any other proceeding or remedy against or liability of the municipal council or the municipality concerned. S. 185A inserted by No. 128/1993 s. 29. 185A Expedition of planning process s. 185A (1) The Minister may by notice in writing direct a planning authority (the first planning authority) to take any steps required to be taken under Part 3 in respect of an amendment to a planning scheme within the time (being not less than 6 weeks) specified in the notice. (2) If the planning authority fails to take a required step within the specified time, the Minister may take that step and all other steps required to be taken under Part 3 in respect of that amendment. (3) For the purposes of subsection (2)— (a) the Minister becomes the planning authority in respect of the amendment; and
Registrar of Titles may make any amendment in that description or folio which is in his or her opinion necessary or desirable. S. 201Q(5) repealed by No. 85/1998 s. 24(Sch. item 45.10). * * * * * s. 201Q _______________ Pt 9B (Heading and ss inserted by No. 23/2010 s. 9. Division 1—Introductory Subdivision 1—Definitions S. 201R inserted by No. 23/2010 s. 9. 201R Definitions s. 201R In this Part— associated person has the same meaning as in section 3(1) of the Duties Act 2000; building permit has the same meaning as in Part 3 of the Building Act 1993; building work has the same meaning as in section 3(1) of the Building Act 1993; Central Plan Office means the Central Plan Office of the Department of Sustainability and Environment; 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; INFRASTRUCTURE CONTRIBUTION
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;
S. 201SP(1) amended by No. 31/2011 s. 14(1). (1) Subject to section 201SS, a person who under this Subdivision has deferred the payment of the whole or part of a growth areas infrastructure contribution imposed in respect of a dutiable transaction relating to land (other than a significant acquisition) must pay to the Commissioner that deferred contribution on or before the first of the following to occur— S. 201SP(1)(a) amended by No. 31/2011 s. 14(2). (a) the issue of a statement of compliance relating to a plan of subdivision of all or any part of that land (other than a subdivision of land solely to enable land to be transferred in accordance with a work-in-kind agreement); or (b) the making of an application for a building permit to carry out building work on all or any part of that land. S. 201SP(2) amended by Nos 31/2011 s. 14(1)(3), 38/2012 s. 24(1). (2) Subject to section 201SS, a person who under this Subdivision has deferred the whole or part of a growth areas infrastructure contribution imposed in respect of a significant acquisition of an interest in a landholder must pay to the Commissioner that deferred contribution on or before the first of the following to occur— S. 201SP(2)(a) amended by No. 38/2012 s. 24(1). (a) the issue of a statement of compliance relating to a plan of subdivision of all or part of the land held by the landholder in respect of which the liability to pay the deferred contribution is imposed; S. 201SP(2)(b) amended by No. 38/2012 s. 24(1). (b) the making of an application for a building permit to carry out building work on all or any part of the land held by the landholder in respect of which the liability to pay the contribution is imposed.
under Subdivision 3, a certificate of deferral of GAIC liability. S. 201SZA inserted by No. 23/2010 s. 9. 201SZA Certificate of staged payment approval The Commissioner must issue to a person who is or may be liable to pay a growth areas infrastructure contribution a certificate of staged payment approval if— (a) the person has applied in accordance with section 201SX; and (b) the Commissioner is satisfied that the person has been given an approval under Subdivision 4 for staged payment of the whole of the contribution. S. 201SZB inserted by No. 23/2010 s. 9. 201SZB Certificate of partial release The Commissioner must issue to a person who is or may be liable to pay a growth areas infrastructure contribution a certificate of partial release of that liability if— (a) the person has applied in accordance with section 201SX; and (b) the Commissioner is satisfied that the person has been given an approval under Subdivision 4 relating to a plan of subdivision for payment of the contribution in stages and the person has paid the amount for any one of the stages and the interest payable under section 201SV relating to that stage. S. 201SZC inserted by No. 23/2010 s. 9. 201SZC Certificate of exemption s. 201SZC The Commissioner must issue to a person who is or may be liable to pay a growth areas
S. 201SZI inserted by No. 23/2010 s. 9. 201SZI Certificate not to be taken as an assessment A certificate issued by the Commissioner under this Subdivision is not to be taken to be an assessment for the purposes of Part 10 of the Taxation Administration Act 1997. Subdivision 6—GAIC to be paid into Consolidated Fund S. 201SZJ inserted by No. 23/2010 s. 9, amended by No. 31/2011 s. 20 (ILA s. 39B(1)). 201SZJ Commissioner to pay GAIC into Consolidated Fund (1) The Commissioner must transfer to the Consolidated Fund as soon as is practicable any money received in respect of a growth areas infrastructure contribution, including any interest paid under section 201SP or 201SV and any interest or penalty tax imposed under Part 5 of the Taxation Administration Act 1997. S. 201SZJ(2) inserted by No. 31/2011 s. 20. (2) Any amount taken to be paid to the Commissioner under section 201SLM(1) is not required to be paid into, or transferred to, the Consolidated Fund and subsection (1) does not apply to that amount. Division 3—Exemptions and reductions of GAIC liability Subdivision 1—General S. 201T inserted by No. 23/2010 s. 9. 201T Definition s. 201SZI In this Division, Board means the Growth Areas Infrastructure Contribution Hardship Relief Board established under Subdivision 4. Subdivision 2—Exemptions other than exemptions granted by Governor in Council or Board S. 201TA inserted by No. 23/2010 s. 9. 201TA Exemption from paying GAIC if no consideration (1) No growth areas infrastructure contribution is payable in respect of a dutiable transaction relating to land that is made for no consideration.
(b) community infrastructure including health facilities, education facilities, regional libraries, neighbourhood houses and major recreation facilities; (c) environmental infrastructure including regional open space, trails and creek protection; (d) economic infrastructure including providing access to information and technology and infrastructure supporting the development of commerce and industry; (e) the acquisition of land and other infrastructure necessary or required for the establishment or maintenance of any infrastructure referred to in this subsection. (2) The Minister must not authorise the payment of an amount of $2 million or more from the Building New Communities Fund for the purpose of particular capital works, except with the approval of the Treasurer. S. 201VC inserted by No. 23/2010 s. 9. 201VC Department and Growth Areas Authority to report on GAIC and growth area funds s. 201VC (1) The Department must include in its annual report of operations under section 45 of the Financial Management Act 1994— (a) details of the income and expenditure of the Growth Areas Public Transport Fund and the Building New Communities Fund including— (i) details of projects funded from each Fund; and (ii) separate details of the income and expenditure of each Fund in respect of each growth area; and
Assent Date: 2.6.98 Commencement Date: Ss 182–192 on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment (Amendment) Act 1998, No. 72/1998 Assent Date: 4.11.98 Commencement Date: Ss 3–8 on 3.12.98: Government Gazette 26.11.98 p. 2851 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Transfer of Land (Single Register) Act 1998, No. 85/1998 Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 45) on 1.1.99: s. 2(3) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Liquor Control Reform Act 1998, No. 94/1998 Assent Date: 24.11.98 Commencement Date: S. 183(Sch. 4 item 3) on 17.2.99: Special Gazette (No. 22) 16.2.99 p. 3 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Licensing and Tribunal (Amendment) Act 1998, No. 101/1998 Assent Date: 1.12.98 Commencement Date: S. 27 on 1.2.99: Government Gazette 24.12.98 p. 3204 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment (Amendment) Act 2000, No. 28/2000 Assent Date: 30.5.00 Commencement Date: Ss 3–11 on 31.5.00: s. 2(1) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Endnotes Planning and Environment (Restrictive Covenants) Act 2000, No. 100/2000 Assent Date: 12.12.00 Commencement Date: 13.12.00: s. 2 : All of Act in operation Planning and Environment (Metropolitan Green Wedge Protection) Act 2003, No. 43/2003
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