Victorian Current Acts

MELBOURNE STRATEGIC ASSESSMENT (ENVIRONMENT MITIGATION LEVY) ACT 2020 - SECT 3

In this Act—

2010 Commonwealth approval means the approval under section 146B of the EPBC Act on 8 July 2010 relating to the MSA program titled "Approval decision for the taking of actions in accordance with an endorsed program under the Environment Protection and Biodiversity Conservation Act 1999 ", as amended from time to time;

2010 urban growth boundary means the urban growth boundary within the meaning of the Planning and Environment Act 1987 as at the day on which the VPP Amendment VC 68 took effect in respect of the planning schemes for the Councils mentioned in the definition of urban growth area ;

2013 Commonwealth approval means the approval under section 146B of the EPBC Act of the taking of actions in accordance with the MSA program, dated 5 September 2013, as amended from time to time;

2014 Commonwealth approval means the approval under section 146B of the EPBC Act of the taking of actions in accordance with the MSA program, dated 11 September 2014, as amended from time to time;

"acquiring authority" has the same meaning as in section 3(1) of the Subdivision Act 1988 ;

"additional information notice" means a notice under section 70(1) ;

"assessment" means an assessment of levy liability made by the Secretary under section 52;

"authorised officer" means a person appointed under section 109 ;

"building "has the same meaning as in section 3(1) of the Building Act 1993 ;

"Building Code of Australia" has the same meaning as in section 3(1) of the Building Act 1993 ;

"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 ;

"certificate of no liability"—see section 106;

"certificate of partial release"—see section 105 ;

"certificate of release"—see section 103;

"certificate of staged payment approval"—see section 104 ;

"certification", in relation to a plan of subdivision, has the same meaning as in the Subdivision Act 1988 ;

"component levy amount"—see section 22(1) or (2);

"conservation area" means an area of land to which a conservation area declaration applies;

"conservation area declaration "means a declaration under section 11;

"conservation outcomes" means the outcomes specified in a notice under section 93;

S. 3 def. of Council amended by No.   9/2020 s. 390(Sch.  1 item 70A).

"Council" has the same meaning as in section 3(1) of the Local Government Act 2020 ;

"Crown land" means—

        (a)     land reserved under the Crown Land (Reserves) Act 1978 ; or

        (b)     unreserved Crown land;

"Crown land manager", in relation to Crown land, means—

        (a)     if responsibility for the management of the Crown land is given by or under an Act to a person, that person; or

        (b)     if responsibility for the management of the Crown land is not given by or under an Act to a person, the Minister administering the Act under which the land is managed;

"Department" means Department of Environment, Land, Water and Planning;

"dutiable transaction relating to land"—

        (a)     means—

              (i)     a dutiable transaction within the meaning of section 7(2) of the Duties Act 2000 relating to dutiable property referred to in section 10(1)(a) of that Act; or

              (ii)     a sub-sale of dutiable property referred   to in section 10(1)(a) of the  Duties Act 2000 ; and

        (b)     does not include an acquisition of beneficial ownership of dutiable property referred to in section 10(1)(a) of the Duties Act 2000 that is a dutiable transaction within the meaning of section 7(2) of that Act because of Part 4B of Chapter 2 of that Act;

"environment mitigation dataset"—see section 4;

"environment mitigation information system" means the computer system established and maintained under section 19(1);

"environment mitigation levy" or levy means the levy imposed under section 21(1) and includes interest payable under Part 4;

"EPBC Act" means the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;

"excluded building work"—see section 5;

"excluded event"—see section 6;

"excluded event certificate" means a certificate issued under section 124;

"excluded subdivision of land"—see section 7;

"extractive industry" has the same meaning as in section 4(1) of the Mineral Resources (Sustainable Development) Act 1990 ;

"extractive industry work authority" has the same meaning as in section 4(1) of the Mineral Resources (Sustainable Development) Act 1990 ;

"Golden Sun Moth habitat area" means an area that—

        (a)     is described and labelled in the environment mitigation dataset as a "Golden Sun Moth habitat area"; and

        (b)     through the operation of the environment mitigation information system, is capable of being depicted on a map produced by that system as a "Golden Sun Moth habitat area";

Note

See also sections 4 and 19.

"Growling Grass Frog habitat area" means an area that—

        (a)     is described and labelled in the environment mitigation dataset as a "Growling Grass Frog habitat area"; and

        (b)     through the operation of the environment mitigation information system, is capable of being depicted on a map produced by that system as a "Growling Grass Frog habitat area";

Note

See also sections 4 and 19.

"habitat area" means any of the following—

        (a)     a Golden Sun Moth habitat area;

        (b)     a Growling Grass Frog habitat area;

        (c)     a Matted Flax-lily habitat area;

        (d)     a Native vegetation area;

        (e)     a Southern Brown Bandicoot habitat area;

        (f)     a Spiny Rice-flower habitat area;

"land particulars" means information, including geographic coordinates, that enables the location, area and boundaries of land to be identified or determined;

"land transfer agreement" means an agreement entered into under section 36(2);

"levy area" means the area of land to which a levy area declaration applies;

"levy area declaration" means a declaration under section 10(1) ;

"levy assessment notice" means a notice prepared under section 60(2) ;

"levy default" means a failure by a person to pay, in accordance with this Act, the whole or part of the environment mitigation levy that the person is liable to pay;

"levy event"—

        (a)     means an event specified in column 2 of an item in the Table in section 21 in relation to the occurrence of which the environment mitigation levy is imposed under subsection (1) of that section; and

        (b)     does not include an event in relation to which the environment mitigation levy cannot, under section 21(2), be imposed;

"levy land"—

        (a)     means land specified in column 3 of an item in the Table in section 21 in respect of which the environment mitigation levy is imposed under subsection (1) of that section; and

        (b)     does not include land in respect of which the environment mitigation levy cannot, under section 21(2), be imposed;

"levy liability" means a liability to pay the levy;

"levy liability certificate"—see section 107;

"levy recording" means a recording in the Register of a notification described in section 45;

"levy scheme declaration" means—

        (a)     a conservation area declaration; or

        (b)     a levy area declaration;

"liable person" means a person who—

        (a)     has been assessed under Part 4 as liable to pay the environment mitigation levy; or

        (b)     has paid an amount as the environment mitigation levy; or

        (c)     is or may be liable to pay the environment mitigation levy;

"lot" has the same meaning as in the Subdivision Act 1988 ;

"Matted Flax-lily habitat area" means an area that—

        (a)     is described and labelled in the environment mitigation dataset as a "Matted Flax-lily habitat area"; and

        (b)     through the operation of the environment mitigation information system, is capable of being depicted on a map produced by that system as a "Matted Flax-lily habitat area";

Note

See also sections 4 and 19.

"matters of national environmental significance" means—

        (a)     every matter protected (within the meaning of section 34 of the EPBC Act) by a provision of Part 3 of that Act as in force as at 2 February 2010; and

        (b)     Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland Plains;

"Melbourne Strategic Assessment Fund" or Fund means the Fund established under section 89;

"MSA program" means the program called "Delivering Melbourne's Newest Sustainable Communities: Program Report", endorsed under section 146(2)(f) of the EPBC Act on 2 February 2010;

"Native vegetation area" means an area that—

        (a)     is described and labelled in the environment mitigation dataset as a "Native vegetation area"; and

        (b)     through the operation of the environment mitigation information system, is capable of being depicted on a map produced by that system as a "Native vegetation area";

Note

See also sections 4 and 19.

"objection"—see section 65;

"objector" means a liable person who lodges an objection under section 65;

"owner" has the same meaning as in section 3(1) of the Planning and Environment Act 1987 ;

"parcel of land"—

        (a)     includes a lot; and

        (b)     does not include—

              (i)     a parcel, an allotment or a part of Crown land; or

              (ii)     a reserve (within the meaning of the Subdivision Act 1988 ); or

              (iii)     common property (within the meaning of the Subdivision Act 1988 );

"plan of subdivision" has the same meaning as in section 3(1) of the Subdivision Act 1988 ;

"planning scheme" means a planning scheme under the Planning and Environment Act 1987 ;

"reassessment "means a reassessment of levy liability made by the Secretary under section 53;

"Register" means the Register under the Transfer of Land Act 1958 ;

"relevant building surveyor" has the same meaning as in section 3(1) of the Building Act 1993 ;

"road" has the same meaning as in section 3(1) of the Road Management Act 2004 ;

"road infrastructure" has the same meaning as in section 3(1) of the Road Management Act 2004 ;

"Scattered tree" location means a location that—

        (a)     is described and labelled in the environment mitigation dataset as a "Scattered tree location"; and

        (b)     through the operation of the environment mitigation information system, is capable of being depicted on a map produced by that system as a "Scattered tree location";

Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland Plains means the ecological community included in the list of threatened ecological communities under section 181 of the EPBC Act and described in the legislative instrument made under section 184(1)(a) of that Act, as then in force, and dated 14 March 2012;

"Secretary" means Department Head (within the meaning of the Public Administration Act 2004 ) of the Department;

"single dwelling" has the same meaning as in section 188A(4) of the Building Act 1993 ;

"Southern Brown Bandicoot habitat area" means an area that—

        (a)     is described and labelled in the environment mitigation dataset as a "Southern Brown Bandicoot habitat area"; and

        (b)     through the operation of the environment mitigation information system, is capable of being depicted on a map produced by that system as a "Southern Brown Bandicoot habitat area";

Note

See also sections 4 and 19.

"Spiny Rice-flower habitat area" means an area that—

        (a)     is described and labelled in the environment mitigation dataset as a "Spiny Rice-flower habitat area"; and

        (b)     through the operation of the environment mitigation information system, is capable of being depicted on a map produced by that system as a "Spiny Rice-flower habitat area";

Note

See also sections 4 and 19.

"staged payment approval" means an approval under section 27(1) ;

"statement of compliance" has the same meaning as in section 21 of the Subdivision Act 1988 ;

"sub-sale of dutiable property"—see section 8;

"subdivision" has the same meaning as in section 3(1) of the Subdivision Act 1988 ;

"urban growth area" means the area of land within the municipal districts of the following Councils that is within the 2010 urban growth boundary—

        (a)     Cardinia Shire Council;

        (b)     Casey City Council;

        (c)     Hume City Council;

        (d)     Melton City Council;

        (e)     Mitchell Shire Council;

        (f)     Whittlesea City Council;

        (g)     Wyndham City Council;

"utility infrastructure work" means—

        (a)     the construction of infrastructure that is to be used to provide water, sewerage, drainage, gas, electricity or telecommunications services; or

        (b)     work for the installation of infrastructure that is to be used to provide water, sewerage, drainage, gas, electricity or telecommunications services;

VPP Amendment VC 68 means the amendment to the Victoria Planning Provisions prepared under the Planning and Environment Act 1987 , and the amendments to every planning scheme, in respect of which a notice of ratification was published in the Government Gazette on 6 August 2010 under section 46AI of that Act;

"working day" means a day other than—

        (a)     a Saturday or Sunday; or

        (b)     a day appointed as a public holiday under the Public Holidays Act 1993 .