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PARLIAMENT OF VICTORIA
Planning and Environment Amendment (Growth
Areas Infrastructure Contribution) Bill 2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1 Purposes 2
2 Commencement 2
3 Principal Act 3
PART 2--AMENDMENTS TO THE PLANNING AND
ENVIRONMENT ACT 1987 4
4 Part 9B definitions 4
5 Contribution area 4
6 Circumstances where GAIC not imposed 4
7 Persons liable to pay GAIC 5
8 When and to whom the GAIC is payable 5
9 New Subdivision 2A of Division 2 of Part 9B inserted 6
Subdivision 2A--Work-in-kind agreements 6
201SLB Minister may enter into agreements 6
201SLC Matters to be included in a work-in-kind agreement 8
201SLD Work-in-kind agreement may contain restriction on
land dealings 9
201SLE Copy of work-in-kind agreement must be given to
Commissioner and Growth Areas Authority 10
201SLF Amendment of work-in-kind agreement 10
201SLG Ending of work-in-kind agreement 10
201SLH Work-in-kind agreements to be recorded by
Registrar of Titles 11
201SLI Restrictions on dealings with land 13
201SLJ Entering into a work-in-kind agreement does not
discharge GAIC 14
201SLK Person must notify the Growth Areas Authority of
performance of agreement 14
201SLL Growth Areas Authority must determine whether
agreement has been performed 14
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Clause Page
201SLM Performance of work-in-kind agreement taken to be
payment of GAIC 15
201SLN Person in default if work-in-kind agreement not
performed by due date 16
10 Person may elect to defer payment of GAIC 17
11 Liability to pay deferred GAIC in relation to subsequent
dutiable transactions 17
12 Indexation and interest applying to deferred GAIC 18
13 Interest payable on deferred GAIC 19
14 Deferred GAIC and interest must be paid to Commissioner by
due date 19
15 Default on payment of deferred GAIC 20
16 Deferred GAIC becomes a charge on the land 20
17 Approval by Minister of staged payment of GAIC for
subdivisions or building works 21
18 GAIC certificate 21
19 Notice to Registrar regarding registration of subdivision or
transfer of land 21
20 Commissioner to pay GAIC into Consolidated Fund 22
21 Section 201TE substituted 23
201TE Governor in Council may grant reduction or
exemption of GAIC in exceptional circumstances 23
22 Notice of determination of application 24
23 Establishment of growth areas funds 24
24 Application of Building New Communities Fund 25
25 Department and Growth Areas Authority to report on GAIC
and growth area funds 25
26 Section 218 substituted 25
218 Transitional provisions--Planning and Environment
Amendment (Growth Areas Infrastructure
Contribution) Act 2011 25
27 Statute law revision amendments 26
PART 3--AMENDMENTS TO OTHER ACTS 27
Division 1--Amendment to Land Acquisition and Compensation
Act 1986 27
28 Reservation or certification of land required before acquisition 27
Division 2--Amendments to Sale of Land Act 1962 27
29 Statement of matters affecting land being sold 27
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Clause Page
PART 4--REPEAL OF AMENDING ACT 29
30 Repeal of amending Act 29
ENDNOTES 30
571007B.I-31/5/2011 iii BILL LA INTRODUCTION 31/5/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Planning and Environment Amendment
(Growth Areas Infrastructure
Contribution) Bill 2011
A Bill for an Act to amend the Planning and Environment Act 1987
to make changes to the growth areas infrastructure contribution
scheme and to make consequential amendments to the Land
Acquisition and Compensation Act 1986 and to the Sale of Land
Act 1962 and for other purposes.
The Parliament of Victoria enacts:
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Planning and Environment Amendment (Growth Areas Infrastructure
Contribution) Bill 2011
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Planning and Environment
5 Act 1987--
(i) to provide that a person liable to pay a
growth areas infrastructure contribution
may enter into an agreement to provide
land or works to meet that liability; and
10 (ii) to provide that a person liable to pay a
growth areas infrastructure contribution
in respect of certain types of
contribution area land will be able to
defer the payment of the whole of the
15 contribution rather than only 70% of it;
and
(iii) to make other consequential and
miscellaneous changes to the growth
areas infrastructure contribution
20 scheme; and
(b) to make consequential amendments to the
Land Acquisition and Compensation Act
1986 and the Sale of Land Act 1962.
2 Commencement
25 (1) This Act (other than section 6) comes into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Section 6 is taken to have come into operation on
1 July 2010.
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Planning and Environment Amendment (Growth Areas Infrastructure
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Part 1--Preliminary
s. 3
3 Principal Act
In this Act, the Planning and Environment Act See:
Act No.
1987 is called the Principal Act. 45/1987.
Reprint No. 9
as at
27 May 2010
and
amending
Act Nos
23/2010 and
58/2010.
LawToday:
www.
legislation.
vic.gov.au
__________________
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Part 2--Amendments to the Planning and Environment Act 1987
s. 4
PART 2--AMENDMENTS TO THE PLANNING AND
ENVIRONMENT ACT 1987
4 Part 9B definitions
(1) In section 201R of the Principal Act, in the
5 definition of utility installation, for "sullage."
substitute "sullage;".
(2) In section 201R of the Principal Act insert the
following definitions--
"plan of subdivision has the same meaning as in
10 section 3(1) of the Subdivision Act 1988;
work-in-kind agreement means an agreement
entered into in accordance with
Subdivision 2A of Division 2 and includes
that agreement as amended in accordance
15 with that Subdivision.".
5 Contribution area
For section 201RC(6) of the Principal Act
substitute--
"(6) If type A land ceases to be in an urban
20 development area, that land ceases to be in
the contribution area.
(6A) If type B-1 land, type B-2 land or type C
land ceases to be in an Urban Growth Zone,
that land ceases to be in the contribution
25 area.".
6 Circumstances where GAIC not imposed
For section 201SA(d)(ii) of the Principal Act
substitute--
"(ii) the land or part--
30 (A) was specified as a lot having an area of
0·41 hectares or less in a plan of
subdivision authorised by a planning
permit referred to in section
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Part 2--Amendments to the Planning and Environment Act 1987
s. 7
201RB(d)(i) and registration of the plan
had taken effect before the time of the
occurrence of the GAIC event; and
(B) is a lot having an area of 0·41 hectares
5 or less at the time of the occurrence of
the GAIC event; or
(iii) the land or part--
(A) was a lot created by an excluded
subdivision of land referred to in
10 section 201RF(f) or (g); and
(B) is a lot having an area of 0·41 hectares
or less at the time of the occurrence of
the GAIC event.".
7 Persons liable to pay GAIC
15 In the note at the foot of section 201SF(5) of the
Principal Act, for "Subdivision 3 or 4" substitute
"section 201SMAA or 201SRA".
8 When and to whom the GAIC is payable
(1) In section 201SL(2) of the Principal Act, for
20 "If liability" substitute "Subject to sections
201SMAA, 201SP and 201SS, if liability".
(2) After section 201SL(4) of the Principal Act
insert--
"(5) Despite subsections (1) and (2), if an
25 application is made under section 201TE,
201TF, 201TH or 201TI for a reduction of,
or an exemption from, the whole or part of a
person's liability to pay a growth areas
infrastructure contribution, the contribution
30 must be paid to the Commissioner by the
later of the following--
(a) the day by which the contribution must
be paid under subsection (1) or (2) (as
the case requires);
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Part 2--Amendments to the Planning and Environment Act 1987
s. 9
(b) within 14 days after the person who
made the application receives a notice
under section 201TG or 201TK of the
determination of the application.
5 Note
The period within which a growth areas infrastructure
contribution must be paid can also be extended by the
Growth Areas Infrastructure Contribution Hardship Relief
Board under section 201TJ(4)(d).".
10 9 New Subdivision 2A of Division 2 of Part 9B
inserted
After Subdivision 2 of Division 2 of Part 9B of
the Principal Act insert--
"Subdivision 2A--Work-in-kind agreements
15 201SLB Minister may enter into agreements
(1) The Minister may, in accordance with this
Subdivision, enter into an agreement with a
person for the provision by that person of
land or works or a combination of land and
20 works to meet the whole or part of that
person's liability or expected liability to pay
a growth areas infrastructure contribution
(a work-in-kind agreement).
(2) A work-in-kind agreement may be entered
25 into with other parties in addition to the
person liable to pay the growth areas
infrastructure contribution.
Note
Other parties may include another Minister or a public
30 authority or an owner of land affected by the work-in-
kind agreement.
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Part 2--Amendments to the Planning and Environment Act 1987
s. 9
(3) The land or works to be provided under a
work-in-kind agreement must be--
(a) situated in a growth area; and
(b) of a type that may be funded from the
5 Growth Areas Public Transport Fund
under section 201VA or from the
Building New Communities Fund
under section 201VB.
(4) A work-in-kind agreement relating to a
10 growth areas infrastructure contribution must
be entered into before the day on which the
contribution is payable.
(5) A work-in-kind agreement relating to a
growth areas infrastructure contribution may
15 be entered into whether or not the liability to
pay the contribution arose before the
commencement of this Subdivision.
(6) A work-in-kind agreement relating to a
growth areas infrastructure contribution may
20 be entered into in conjunction with the
deferral of that contribution under
Subdivision 3 or an approval for staged
payment of that contribution under
Subdivision 4.
25 (7) Before agreeing to enter into a work-in-kind
agreement, the Minister must--
(a) consult with any other Minister that the
Minister considers has a relevant
interest in the subject matter of the
30 agreement; and
(b) if the value of the work-in-kind
agreement (within the meaning of
section 201SLC(1)(e)) exceeds
$2 million, obtain the approval of the
35 Treasurer.
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Part 2--Amendments to the Planning and Environment Act 1987
s. 9
201SLC Matters to be included in a work-in-kind
agreement
(1) A work-in-kind agreement must include the
following matters--
5 (a) a description of any works to be carried
out under the agreement;
(b) a description of the land on which any
works are to be carried out under the
agreement;
10 (c) a description of any land to be
transferred under the agreement;
(d) the due date by which the agreement or
any stage of the agreement is to be
performed;
15 (e) the agreed value of any land to be
transferred under the agreement or the
agreed value of any works to be carried
out under the agreement or the agreed
value of the combination of both of
20 those things (as the case requires) (the
value of the work-in-kind agreement);
(f) the method or methods for calculating
the value of works to be carried out
under the agreement if they are only
25 partly carried out;
(g) dispute resolution procedures;
(h) any other matters that the Minister
thinks appropriate.
(2) A work-in-kind agreement may include
30 provisions setting out the circumstances in
which the agreement is ended wholly or as to
any part of the land affected by the
agreement.
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Part 2--Amendments to the Planning and Environment Act 1987
s. 9
201SLD Work-in-kind agreement may contain
restriction on land dealings
(1) A work-in-kind agreement may contain a
term that restricts a person, who has entered
5 into the agreement to meet a liability to pay a
growth areas infrastructure contribution or
another person who is a party to the
agreement, from any dealing or dealings with
the following land unless the person has
10 obtained the consent of the Minister--
(a) land that is to be transferred under the
agreement;
(b) land on which works are to be carried
out under the agreement (other than
15 Crown land);
(c) the whole or part of the land in respect
of which the growth areas infrastructure
contribution is imposed.
(2) In this section, dealing, in relation to land,
20 includes entering into any sale, transaction or
arrangement, or obtaining or granting any
lease, licence or approval, with respect to the
land, or making any improvements of a
durable nature to the land, but does not
25 include any of the following--
(a) a sale of any of the land to the person to
whom the land is to be transferred
under the work-in-kind agreement;
(b) any approvals relating to a plan of
30 subdivision of the land to enable a sale
of land for the purposes of
paragraph (a);
(c) any works required to be carried out on
the land under the work-in-kind
35 agreement or approvals relating to
those works;
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Planning and Environment Amendment (Growth Areas Infrastructure
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Part 2--Amendments to the Planning and Environment Act 1987
s. 9
(d) any approvals relating to the plan of
subdivision of the land or building
works to be carried out on the land in
respect of which the growth areas
5 infrastructure contribution is imposed;
(e) the discharging of the whole or any part
of the land from any mortgage affecting
that land.
201SLE Copy of work-in-kind agreement must be
10 given to Commissioner and Growth Areas
Authority
The Minister must give the Commissioner
and the Growth Areas Authority a copy of a
work-in-kind agreement entered into under
15 this Subdivision.
201SLF Amendment of work-in-kind agreement
(1) The Minister may, with the agreement of the
person who has entered into a work-in-kind
agreement to meet a liability to pay a growth
20 areas infrastructure contribution and all other
parties to the agreement, amend the
agreement to vary the terms of, or the parties
to, the agreement.
(2) The Minister must give to the Commissioner
25 and the Growth Areas Authority a copy of a
work-in-kind agreement amended under
subsection (1).
201SLG Ending of work-in-kind agreement
(1) The Minister may, with the agreement of the
30 person who has entered into a work-in-kind
agreement to meet a liability to pay a growth
areas infrastructure contribution and all other
parties to the agreement, end a work-in-kind
agreement.
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Part 2--Amendments to the Planning and Environment Act 1987
s. 9
(2) The Minister must notify, in writing, the
Commissioner and the Growth Areas
Authority of the ending of a work-in-kind
agreement under subsection (1).
5 (3) The power to end a work-in-kind agreement
under subsection (1) is in addition to any
other right that the Minister has to end a
work-in-kind agreement in accordance with
the agreement or at law.
10 201SLH Work-in-kind agreements to be recorded
by Registrar of Titles
(1) The Minister must apply to the Registrar of
Titles to record a work-in-kind agreement on
any folio of the Register relating to the
15 following land (the land affected by the
work-in-kind agreement)--
(a) land that is to be transferred under the
agreement;
(b) land on which works are to be carried
20 out under the agreement (other than
Crown land);
(c) the whole or part of the land in respect
of which the growth areas infrastructure
contribution relating to the agreement is
25 imposed.
(2) An application must--
(a) be in a form approved by the Registrar
of Titles; and
(b) be accompanied by a copy of the work-
30 in-kind agreement.
(3) The Registrar of Titles, on receiving an
application that complies with
subsection (2), may make a recording on
each folio of the Register relating to land
35 affected by the work-in-kind agreement.
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Part 2--Amendments to the Planning and Environment Act 1987
s. 9
(4) After the making of a recording in the
Register--
(a) the burden of any covenant in the work-
in-kind agreement runs with the land
5 affected by that burden; and
(b) the Minister may enforce the covenant
against any person deriving title from
any person who entered into the
covenant as if it were a restrictive
10 covenant despite the fact that it may be
positive in nature or that it is not for the
benefit of any land of the Crown.
(5) The Minister must apply to the Registrar of
Titles--
15 (a) if an amendment is made to the work-
in-kind agreement, for the Registrar of
Titles to remove the existing agreement
from each folio of land on which the
agreement is recorded and record the
20 amended agreement on each folio of the
Register relating to land affected by the
work-in-kind agreement; or
(b) if a work-in-kind agreement is ended
wholly or as to any part of the land, for
25 the Registrar of Titles to, as
appropriate, remove in whole or in part
the recording of the agreement from
any folio of the Register on which the
agreement is recorded.
30 (6) An application under subsection (5) must--
(a) be in a form approved by the Registrar
of Titles; and
(b) in the case of a work-in-kind agreement
that has been amended, be accompanied
35 by a copy of the agreement in its
amended form.
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Part 2--Amendments to the Planning and Environment Act 1987
s. 9
(7) The Registrar of Titles, on receiving an
application that complies with
subsection (6), may (as the case requires)--
(a) remove the existing agreement from
5 each folio of land on which the
agreement is recorded and record the
amended agreement on each folio of the
Register relating to land affected by the
work-in-kind agreement; or
10 (b) as appropriate, remove in whole or in
part the recording of the agreement
from any folio of the Register on which
the agreement is recorded.
201SLI Restrictions on dealings with land
15 (1) A person, who is subject to a restriction on
dealing with land that has been specified in a
work-in-kind agreement in accordance with
section 201SLD, must not, without the
consent of the Minister, enter into or effect
20 such a dealing with that land (within the
meaning of section 201SLD) while the
agreement is in force.
(2) Nothing in this section prevents--
(a) a mortgagee from exercising a power of
25 foreclosure or sale in respect of the
whole or any part of land that is subject
to a restriction referred to in
subsection (1); or
(b) an application to the Registrar of Titles
30 for the registration of a charge in
respect of unpaid tax (within the
meaning of the Taxation
Administration Act 1997) over the
whole or any part of land that is subject
35 to a restriction referred to in
subsection (1).
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Part 2--Amendments to the Planning and Environment Act 1987
s. 9
201SLJ Entering into a work-in-kind agreement
does not discharge GAIC
The entering into a work-in-kind agreement
by a person to meet the whole or part of a
5 liability to pay a growth areas infrastructure
contribution does not discharge the person
from that liability.
Note
It is not until the person performs their obligations in
10 accordance with the work-in-kind agreement that the
value of the land or works provided can be taken to be
a payment towards the growth areas infrastructure
contribution owed (see section 201SLM).
201SLK Person must notify the Growth Areas
15 Authority of performance of agreement
A person who has entered into a work-in-
kind agreement to meet a liability to pay a
growth areas infrastructure contribution
must, without delay, notify the Growth Areas
20 Authority in writing of the following--
(a) the performance of the agreement;
(b) the performance of any stage of the
agreement that must be performed by a
due date specified in the agreement;
25 (c) if the agreement is not wholly
performed by the due date for
performance, how much of the
agreement has been performed.
201SLL Growth Areas Authority must determine
30 whether agreement has been performed
(1) The Growth Areas Authority acting on
behalf of the Minister must, after receiving
notification under section 201SLK,
determine the following--
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Part 2--Amendments to the Planning and Environment Act 1987
s. 9
(a) whether a work-in-kind agreement or a
stage of a work-in-kind agreement,
which has an agreed value under the
agreement, has been performed by the
5 due date for performance;
(b) if a work-in-kind agreement has only
been partly performed by the due date
for performance or before it has been
ended in accordance with section
10 201SLG(1), the value of the land or
works provided in accordance with the
agreement.
(2) The Growth Areas Authority must, without
delay, notify the Commissioner in writing of
15 any determination made under
subsection (1).
201SLM Performance of work-in-kind agreement
taken to be payment of GAIC
(1) A person who has entered into a work-in-
20 kind agreement to meet the whole or part of
a liability to pay a growth areas
infrastructure contribution is taken to have
paid to the Commissioner an amount of that
contribution that is equivalent to--
25 (a) if the agreement is wholly performed,
the agreed value of the agreement; or
(b) if a stage of the agreement is wholly
performed, the agreed value of that
stage; or
30 (c) if the agreement is partly performed,
the value of the land or works provided
under the agreement as determined by
the Growth Areas Authority.
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s. 9
(2) A person is taken to have paid an amount of
a growth areas infrastructure contribution
under subsection (1) at the time at which the
Commissioner receives a notice from the
5 Growth Areas Authority under section
201SLL(2) of its determination of the
relevant matter referred to in subsection
(1)(a), (b) or (c).
201SLN Person in default if work-in-kind
10 agreement not performed by due date
(1) If--
(a) a person liable to pay a growth areas
infrastructure contribution has entered
into a work-in-kind agreement to meet
15 the whole or part of that liability and
fails to perform that agreement or a
stage of that agreement in accordance
with the terms of the agreement by the
due date for performance; and
20 (b) the contribution has been deferred
under Subdivision 3 or is subject to an
approval for staged payment under
Subdivision 4--
the whole of the contribution becomes
25 immediately payable as if the contribution
had never been deferred or the approval had
never been given.
Note
If the whole of the contribution is treated as never
30 having been deferred or being subject to an approval
for staged payment, a tax default within the meaning
of the Taxation Administration Act 1997 will occur
in respect of payment of the whole of the contribution
that the person would have had to pay if the person
35 had not deferred the contribution or been given the
approval for staged payment. Under Part 5 of that Act
the person will then be liable to pay interest and
penalty tax from what would have been the last day
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Part 2--Amendments to the Planning and Environment Act 1987
s. 10
for payment of the whole of the contribution under
section 201SL or 201SMAA(6).
(2) Despite subsection (1), a person remains
liable under the work-in-kind agreement to
5 perform the obligations under the
agreement.".
10 Person may elect to defer payment of GAIC
(1) For section 201SM(1) of the Principal Act
substitute--
10 "(1) Subject to subsection (2), a person who is
liable to pay a growth areas infrastructure
contribution imposed in respect of a dutiable
transaction relating to land may elect to defer
the payment of up to 100% of that
15 contribution.".
(2) In section 201SM(2) of the Principal Act, for
"that contribution" substitute "the whole of that
contribution".
(3) In section 201SM(5) of the Principal Act, for
20 "201SMAA(7)" substitute "201SMAA(5)".
11 Liability to pay deferred GAIC in relation to
subsequent dutiable transactions
(1) In section 201SMAA(1)(b) of the Principal Act,
before "land in" insert "whole or part of the".
25 (2) For section 201SMAA(6) of the Principal Act
substitute--
"(6) Subject to sections 201SP and 201SS, a
growth areas infrastructure contribution for
which a subsequent transferee is liable under
30 this section must be paid to the
Commissioner--
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Part 2--Amendments to the Planning and Environment Act 1987
s. 12
(a) if an application is made under section
201TE, 201TF or 201TH for a
reduction of, or an exemption from, the
whole or part of the liability to pay the
5 contribution, by the later of the
following--
(i) within 3 months after the liability
arises;
(ii) within 14 days after the person
10 who made the application receives
a notice under section 201TG or
201TK of the determination of the
application; or
(b) in any other case, within 3 months after
15 the liability arises.
Note
The period within which a growth areas infrastructure
contribution must be paid can be extended by the
Growth Areas Infrastructure Contribution Hardship
20 Relief Board under section 201TJ(4)(d).".
(3) At the foot of section 201SMAA of the Principal
Act insert--
"Note
A reference to an amount of deferred growth areas
25 infrastructure contribution in this section includes that
contribution as indexed under section 201SMA and includes
interest payable under this Subdivision in respect of that
contribution under section 201SMA (see section
201SMA(8)).".
30 12 Indexation and interest applying to deferred GAIC
(1) In section 201SMA of the Principal Act, after
"201SP" (wherever occurring) insert "or
201SMAA(6)".
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(2) For section 201SMA(8) of the Principal Act
substitute--
"(8) If, under this section--
(a) a growth areas infrastructure
5 contribution is to be indexed in
accordance with section 201SN for the
period specified in this section, a
reference in this Part to that
contribution is taken to be a reference
10 to that contribution as so indexed; and
(b) a growth areas infrastructure
contribution is subject to the payment
of interest calculated at the rate set out
in section 201SO for the period
15 specified in this section, a reference in
this Part to that contribution is taken to
include the amount of interest payable
under this Subdivision in respect of that
contribution.".
20 13 Interest payable on deferred GAIC
In section 201SO(1) of the Principal Act, for
"payment" (where secondly occurring) substitute
"amount".
14 Deferred GAIC and interest must be paid to
25 Commissioner by due date
(1) In section 201SP(1) and (2) of the Principal Act
omit "and any interest charged under this
Subdivision relating to that deferred contribution"
(wherever occurring).
30 (2) In section 201SP(1)(a) of the Principal Act, after
"land" insert "(other than a subdivision of land
solely to enable land to be transferred in
accordance with a work-in-kind agreement)".
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Planning and Environment Amendment (Growth Areas Infrastructure
Contribution) Bill 2011
Part 2--Amendments to the Planning and Environment Act 1987
s. 15
(3) In section 201SP(2) of the Principal Act, for
"A person" substitute "Subject to section 201SS,
a person".
(4) For the example at the foot of section 201SP(2) of
5 the Principal Act substitute--
"Example
RST Pty Ltd is a land rich landholder that owns land subject
to GAIC. X holds 60% of the interest in RST and disposes
of that interest to Y. Y has made a significant acquisition
10 and is liable to pay 60% of the GAIC payable in respect of
the land. Y defers the payment of the GAIC under this
Subdivision. RST applies for a building permit to carry out
work on the land. Y and RST are jointly and severally liable
to pay the deferred GAIC together with the interest relating
15 to the GAIC on or before the application for the building
permit is made by RST. RST is also liable to pay 40% of
the GAIC payable in respect of the land (indexed if
applicable) arising from the building works. However, the
time for paying both GAIC payments does not apply if RST
20 applies for approval of the staged payment of the GAIC
under Subdivision 4.".
15 Default on payment of deferred GAIC
In section 201SPA of the Principal Act omit "and
any interest charged under this Subdivision
25 relating to that contribution".
16 Deferred GAIC becomes a charge on the land
(1) For section 201SQ(1) of the Principal Act
substitute--
"(1) A growth areas infrastructure contribution
30 that has been deferred under this Subdivision
and that has not been paid by the due date for
payment under section 201SP is a charge on
the land in respect of which the contribution
is imposed.".
35 (2) In section 201SQ(3) of the Principal Act omit
", including the interest payable under this
Subdivision relating to that contribution,".
571007B.I-31/5/2011 20 BILL LA INTRODUCTION 31/5/2011
Planning and Environment Amendment (Growth Areas Infrastructure
Contribution) Bill 2011
Part 2--Amendments to the Planning and Environment Act 1987
s. 17
17 Approval by Minister of staged payment of GAIC
for subdivisions or building works
Section 201SR(8) of the Principal Act is
repealed.
5 18 GAIC certificate
(1) For section 201SZF(1)(b)(ii) of the Principal Act
substitute--
"(ii) imposed in respect of the land that has been
deferred under Subdivision 3 or is subject to
10 an approval for staged payment under
Subdivision 4; or".
(2) After section 201SZF(1)(b) of the Principal Act
insert--
"(ba) if a growth areas infrastructure contribution
15 has been imposed in respect of the land,
stating whether a work-in-kind agreement
has been entered into by the person liable to
pay that contribution to meet the whole or
part of that liability; and
20 Note
Land may be affected by the work-in-kind agreement
because it may contain an obligation to transfer part
of the land or to carry out works on part of the land.".
19 Notice to Registrar regarding registration of
25 subdivision or transfer of land
(1) In section 201SZG(1)(d) of the Principal Act,
after "land" insert "that is a GAIC event or a
transfer of land described in section
201SMAA(1)(b)".
30 (2) In section 201SZG(1)(e) of the Principal Act, after
"subdivision" insert "of land that is a GAIC event
or a transfer of land described in section
201SRA(1)".
571007B.I-31/5/2011 21 BILL LA INTRODUCTION 31/5/2011
Planning and Environment Amendment (Growth Areas Infrastructure
Contribution) Bill 2011
Part 2--Amendments to the Planning and Environment Act 1987
s. 20
(3) At the foot of section 201SZG(1)(e) of the
Principal Act insert--
"Note
A subsequent owner who is liable to pay GAIC under
5 section 201SRA due to a transfer of land can apply under
section 201SX to the Commissioner for the issue of a
certificate of staged payment approval under section
201SZA. In addition, under section 201SRA(3), the
subsequent owner may apply to the Minister for a notice of
10 staged payment approval in substantially the same form as
under section 201SU(1).".
(4) In section 201SZG(2) of the Principal Act, for
"The Commissioner" substitute "Subject to
subsection (2A), the Commissioner".
15 (5) After section 201SZG(2) of the Principal Act
insert--
"(2A) If there is a work-in-kind agreement in force
relating to the growth areas infrastructure
contribution, the Commissioner must not
20 give a notice under subsection (2) unless the
Minister has advised the Commissioner that
the notice may be given.
Note
If a work-in-kind agreement relating to the growth
25 areas infrastructure contribution contains a restriction
on transferring or subdividing the land under section
201SLD, the transfer or subdivision will require the
consent of the Minister before it can be registered.".
20 Commissioner to pay GAIC into Consolidated Fund
30 At the end of section 201SZJ of the Principal Act
insert--
"(2) Any amount taken to be paid to the
Commissioner under section 201SLM(1) is
not required to be paid into, or transferred to,
35 the Consolidated Fund and subsection (1)
does not apply to that amount.".
571007B.I-31/5/2011 22 BILL LA INTRODUCTION 31/5/2011
Planning and Environment Amendment (Growth Areas Infrastructure
Contribution) Bill 2011
Part 2--Amendments to the Planning and Environment Act 1987
s. 21
21 Section 201TE substituted
For section 201TE of the Principal Act
substitute--
"201TE Governor in Council may grant reduction
5 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
10 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
15 (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
20 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
25 person on whom a growth areas
infrastructure contribution is imposed in
relation to land in the contribution area.
(4) An application must be made before the day
on which the contribution is payable.
30 (5) A person may not apply under this section
for a reduction or exemption in respect of a
growth areas infrastructure contribution the
whole or part of which has been deferred
under Subdivision 3 of Division 2.
571007B.I-31/5/2011 23 BILL LA INTRODUCTION 31/5/2011
Planning and Environment Amendment (Growth Areas Infrastructure
Contribution) Bill 2011
Part 2--Amendments to the Planning and Environment Act 1987
s. 22
(6) Before recommending the grant of a
reduction or exemption under this section,
the Minister must consult with the Growth
Areas Authority and the Treasurer.
5 (7) The Governor in Council may impose
conditions on a reduction or exemption
granted under this section.
(8) If a person fails to comply with a condition
imposed on the grant of a reduction or
10 exemption under this section, the reduction
or exemption is taken never to have been
granted.".
22 Notice of determination of application
(1) For the heading to section 201TG of the Principal
15 Act substitute--
"Notice of determination of application".
(2) After section 201TG(2) of the Principal Act
insert--
"(2A) If the Governor in Council or the Minister
20 refuses a person's application under this
Subdivision, the Minister must give the
person a notice which states that the
application is refused.".
23 Establishment of growth areas funds
25 After section 201V(2) of the Principal Act
insert--
"(3) Subsection (2) does not apply to any amount
taken to be paid to the Commissioner under
section 201SLM(1).
30 (4) The Consolidated Fund is appropriated to the
extent necessary for the purposes of
subsection (2)(a).".
571007B.I-31/5/2011 24 BILL LA INTRODUCTION 31/5/2011
Planning and Environment Amendment (Growth Areas Infrastructure
Contribution) Bill 2011
Part 2--Amendments to the Planning and Environment Act 1987
s. 24
24 Application of Building New Communities Fund
In section 201VB(1) of the Principal Act, after
"State funded infrastructure" insert "in any
growth area".
5 25 Department and Growth Areas Authority to report
on GAIC and growth area funds
(1) In section 201VC(1)(c) of the Principal Act, for
"Fund." substitute "Fund; and".
(2) After section 201VC(1)(c) of the Principal Act
10 insert--
"(d) the value of all work-in-kind agreements
(within the meaning of section
201SLC(1)(e)), determined to have been
performed or partly performed by the
15 Growth Areas Authority under section
201SLL, in respect of each growth area; and
(e) details of the projects completed or
contributed to under work-in-kind
agreements in each growth area.".
20 (3) After section 201VC(2) of the Principal Act
insert--
"(3) Subsection (1)(b) does not apply to any
amount taken to be paid to the Commissioner
under section 201SLM(1).".
25 26 Section 218 substituted
For section 218 of the Principal Act substitute--
"218 Transitional provisions--Planning and
Environment Amendment (Growth Areas
Infrastructure Contribution) Act 2011
30 (1) Despite the amendment made to section
201SM(1) by section 10(1) of the Planning
and Environment Amendment (Growth
Areas Infrastructure Contribution) Act
2011, section 201SM(1) continues to apply
571007B.I-31/5/2011 25 BILL LA INTRODUCTION 31/5/2011
Planning and Environment Amendment (Growth Areas Infrastructure
Contribution) Bill 2011
Part 2--Amendments to the Planning and Environment Act 1987
s. 27
to a person whose liability to pay a growth
areas infrastructure contribution arose under
Part 9B immediately before the
commencement of that section 10(1) as if the
5 amendment had not been made.
(2) An application made under section 201TE to,
and not finally determined by, the Governor
in Council immediately before the
commencement of section 21 of the
10 Planning and Environment Amendment
(Growth Areas Infrastructure
Contribution) Act 2011 is taken to be an
application made to the Minister under
section 201TE as substituted by that
15 section 21".
27 Statute law revision amendments
(1) In the note at the foot of section 201SPA of the
Principal Act, after "201SL" insert "or
201SMAA(6)".
20 (2) In section 201SY(b)(iii) of the Principal Act, for
"201SOB or" substitute "201SOB; or".
(3) In section 201TF(1)(a) of the Principal Act, for
"subsection (2)" substitute "subsection (3)".
(4) In section 201TM(1) of the Principal Act, for
25 "GAIC" substitute "Growth Areas Infrastructure
Contribution".
__________________
571007B.I-31/5/2011 26 BILL LA INTRODUCTION 31/5/2011
Planning and Environment Amendment (Growth Areas Infrastructure
Contribution) Bill 2011
Part 3--Amendments to Other Acts
s. 28
PART 3--AMENDMENTS TO OTHER ACTS
Division 1--Amendment to Land Acquisition and
Compensation Act 1986
28 Reservation or certification of land required before
5 acquisition
Before section 5(5) of the Land Acquisition and See:
Act No.
Compensation Act 1986 insert-- 121/1986.
Reprint No. 4
"(4D) Subsection (1) does not apply to any land as at
7 May 2009
that is to be acquired under a work-in-kind and
10 agreement within the meaning of Part 9B of amending
Act Nos
the Planning and Environment Act 1987.". 78/2008,
87/2009,
94/2009 and
6/2010.
LawToday:
www.
legislation.
vic.gov.au
Division 2--Amendments to Sale of Land Act 1962
29 Statement of matters affecting land being sold
(1) In section 32(2)(da) of the Sale of Land Act See:
Act No.
15 1962, after "liability to pay the contribution" 6975.
(where secondly occurring) insert "or an approval Reprint No. 4
as at
has been given for staged payment of the 17 March
contribution". 2011
and
amending
Act Nos
92/1990,
54/2010 and
63/2010.
LawToday:
www.
legislation.
vic.gov.au
571007B.I-31/5/2011 27 BILL LA INTRODUCTION 31/5/2011
Planning and Environment Amendment (Growth Areas Infrastructure
Contribution) Bill 2011
Part 3--Amendments to Other Acts
s. 29
(2) After section 32(2)(da) of the Sale of Land Act
1962 insert--
"(db) whether the land, in accordance with a work-
in-kind agreement (within the meaning of
5 Part 9B of the Planning and Environment
Act 1987), is--
(i) land that is to be transferred under the
agreement; or
(ii) land on which works are to be carried
10 out under the agreement (other than
Crown land); or
(iii) land in respect of which a growth areas
infrastructure contribution is imposed;".
(3) After section 32(3)(f)(ii) of the Sale of Land Act
15 1962 insert--
"(iia) any certificate of staged payment approval;".
__________________
571007B.I-31/5/2011 28 BILL LA INTRODUCTION 31/5/2011
Planning and Environment Amendment (Growth Areas Infrastructure
Contribution) Bill 2011
Part 4--Repeal of Amending Act
s. 30
PART 4--REPEAL OF AMENDING ACT
30 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
5 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).
571007B.I-31/5/2011 29 BILL LA INTRODUCTION 31/5/2011
Planning and Environment Amendment (Growth Areas Infrastructure
Contribution) Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571007B.I-31/5/2011 30 BILL LA INTRODUCTION 31/5/2011
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