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LOCAL GOVERNMENT ACT 1989 - SECT 181J

Environmental upgrade agreements and charges under City of Melbourne Act 2001

    (1)     Any environmental upgrade agreement that was entered into under Part 4B of the City of Melbourne Act 2001 and that was in force immediately before the repeal of that Part—

        (a)     continues in force as if it had been entered into under this Division; and

        (b)     is taken to be an environmental upgrade agreement under this Division.

    (2)     For the avoidance of doubt, the repeal of Part 4B of the City of Melbourne Act 2001 and the re‑enactment of that Part in this Division, is not to be considered as a change of law for the purposes of any environmental upgrade agreement entered into under that Part before its repeal.

    (3)     Any environmental upgrade charge that was declared and levied by the City of Melbourne under Part 4B of the City of Melbourne Act 2001 and that was due and payable immediately before the repeal of that Part—

        (a)     continues to be due and payable as if it had been declared and levied under this Division; and

        (b)     is taken to be an environmental upgrade charge under this Division.

    (4)     Without limiting the operation of any provisions of the Interpretation of Legislation Act 1984 relating to repeal and re-enactment, a provision of Part 4B of the City of Melbourne Act 2001 specified in Column 1 of the Table is taken to be re‑enacted (with or without modifications) by the provision of this Act appearing opposite in Column 2 of the Table.

Column 1

Provision of Part 4B of the  City of Melbourne Act 2001

Column 2



Provision of this Act

Section 27L

Definitions of "environmental upgrade agreement", "environmental upgrade charge", lending body and primary parties in section 3(1)

Section 27M

Section 181A

Section 27N

Section 181B

Section 27O

Section 181C

Section 27P

Section 181D

Section 27Q(1)

Section 181E(2) and (3)

Section 27Q(2) and (3)

Section 181F

Section 27R

Section 181G

Section 27S

Section 181H

Pt 8 Div. 3 (Heading) amended by No. 34/1996 s. 22(1), substituted by No. 52/1998
s. 311(Sch. 1 item 55.4).

Division 3—Reviews and appeals

S. 182
repealed by No. 34/1996 s. 22(2).

    *     *     *     *     *

S. 183 (Heading) inserted by No. 67/2008 s. 61(1).

S. 183 substituted by No. 78/1991 s. 10, amended by Nos 91/1994
s. 27(a)–(d), 34/1996
s. 33(c), substituted by No. 52/1998
s. 311(Sch. 1 item 55.5).



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