PLANNING AND ENVIRONMENT ACT 1987

Victorian Current Acts

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PLANNING AND ENVIRONMENT ACT 1987

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
3AA. Meaning of affordable housing
3AB. Order in Council specifying income ranges
3A. Transport Integration Act 2010
4. Objectives
4AA. Obligations of Department Head in relation to Yarra River land
4AB. Obligations of Department Head in relation to declared areas
4AC. Obligations of Department Head in relation to the Great Ocean Road region

PART 1A--VICTORIA PLANNING PROVISIONS[2]

4A. Victoria Planning Provisions
4B. Amendment of Victoria Planning Provisions
4C. Approval of amendment
4D. Notice of approval
4E. Commencement
4F. Application of planning scheme provisions to amendments to VPPs
4G. Lodging of Victoria Planning Provisions and approved amendments
4H. Inspection and electronic publication of approved amendments
4I. Who must keep and make available a copy of the Victoria Planning Provisions?
4J. Amendment of planning schemes by Victoria Planning Provisions

PART 2--PLANNING SCHEMES

5. What are the planning schemes to which this Act applies?
6. What can a planning scheme provide for?
6A. Easements, restrictions etc.
6B. Heritage buildings
7. Structure of planning schemes[5]
8. Minister is planning authority
8A. Municipal council as planning authority for its municipal district
8B. Municipal council as planning authority for area adjoining municipal district
8C. Consent of the Suburban Rail Loop Minister required for authorisations of certain planning scheme amendments
8D. Applications for planning amendment authorisations received before applicable Suburban Rail Loop planning area declarations
9. Authorised Ministers and authorities are planning authorities
9A. Suburban Rail Loop Authority is a planning authority
10. Restrictions and powers relating to the preparation of amendments
12. What are the duties and powers of planning authorities?
12B. Review of planning schemes
13. Responsible authority
14. What are the duties of a responsible authority?
14A. What are the duties of a referral authority?
15. Changes in boundaries
16. Application of planning scheme

PART 3--AMENDMENT OF PLANNING SCHEMES

Division 1--Exhibition and notice of amendment

17. Copies of amendment to be given to certain persons
18. Availability of amendment
19. What notice of an amendment must a planning authority give?
20. Exemption from giving notice
20A. Minister may determine to prepare prescribed amendments—exception to sections 17, 18 and 19

Division 2--Public submissions about an amendment

21. Who may make a submission?[11], [12]
21A. Joint submissions[13]
22. Planning authority to consider submissions[14]
23. Decisions about submissions[15], [16]
24. Hearing by panel
25. Report by panel[17]
25A. Recommendation by panel to Minister[18]
26. Reports to be made public
27. Planning authority to consider panel's report
28. Abandonment of amendment

Division 3--Adoption and approval of amendment

29. Adoption of amendment
30. When does an amendment lapse?
31. Planning authority to submit amendment to Minister
32. More notice
33. Notice of changes
34. Submissions
34A. Amendments affecting land to which Suburban Rail Loop planning area declarations apply
35. Approval of amendment by Minister
36. Notice of approval
37. Commencement of amendment
38. Parliament may revoke an amendment
39. Defects in procedure

Division 4--Availability of approved amendments and schemes

40. Lodging of approved amendment
41. Who must keep a copy of an approved amendment for inspection?
42. Who must keep a copy of a planning scheme?

Division 5--Special provisions

43. Roads on Crown land
44. Roads on land other than Crown land
45. Effect on easements for public utilities
46. Planning schemes may apply to reserved land

PART 3AAA--YARRA RIVER LAND PROTECTION

Division 1--Compliance with Yarra Strategic Plan

46AAA. Responsible public entities to comply with Yarra Strategic Plan

Division 2--Ratification by Parliament for amendments to planning schemes

46AAB. To which amendments does this Division apply?
46AAC. Ratification by Parliament required for amendments to which this Division applies
46AAD. Procedure for ratification
46AAE. Notice of ratification
46AAF. When does a ratified amendment commence?
46AAG. When does an amendment lapse?
46AAH. Application of sections 40, 41 and 42
46AAI. Application of Division 5 of Part 4

PART 3AA--METROPOLITAN GREEN WEDGE PROTECTION

Division 1--Introductory

46AA. What is a metropolitan fringe planning scheme?
46AC. What is green wedge land?

Division 2--Green wedge management plans

46AD. Objects of Division
46AE. Preparation of green wedge management plans
46AEA. Ministerial directions in relation to green wedge management plans
46AEB. Minister may require councils to prepare revised green wedge management plans
46AEC. Minister may exempt councils from requirement to prepare green wedge management plan

Division 3--Ratification by Parliament for amendments to planning schemes

46AF. To which amendments does this Division apply?
46AG. Ratification by Parliament required for amendments to which this Division applies
46AH. Procedure for ratification
46AI. Notice of ratification
46AJ. When does a ratified amendment commence?
46AK. When does an amendment lapse?
46AL. Application of sections 40, 41 and 42
46AM. Application of Division 5 of Part 4

PART 3AAB--DISTINCTIVE AREAS AND LANDSCAPES

Division 1--Objects

46AN. Objects

Division 2--Declaration of distinctive areas and landscapes

46AO. Governor in Council may declare area to be a distinctive area and landscape
46AP. Requirements for area to be declared as a distinctive area and landscape
46AQ. Governor in Council may revoke declaration
46AR. Procedure for ratification of revocation order
46AS. When does a revocation order lapse?

Division 3--Statements of Planning Policy for distinctive areas and landscapes

46AT. Minister to develop Statement of Planning Policy for declared area
46AU. Purpose of Statement of Planning Policy
46AV. Contents of Statement of Planning Policy
46AW. Consultation
46AX. Endorsement of Statement of Planning Policy
46AXA. Minister may declare endorsement of certain responsible public entities not required
46AY. Approval of Statement of Planning Policy
46AZ. Commencement of Statement of Planning Policy
46AZA. Amendment of Statement of Planning Policy
46AZB. Amendment of declared area planning scheme to give effect to Statement of Planning Policy
46AZC. Amendment of declared area planning scheme
46AZD. Protected settlement boundary amendment
46AZE. Procedure for ratification of protected settlement boundary amendment
46AZF. When does a protected settlement boundary amendment lapse?
46AZG. Application of Act provisions to protected settlement boundary amendment
46AZH. Application of Division 5 of Part 4 to protected settlement boundary amendment
46AZI. Review of Statement of Planning Policy

Division 4--Interaction between specific legislation and Statement of Planning Policy

46AZJ. Specific legislation

Division 5--Duties of responsible public entities

46AZK. Responsible public entities not to act inconsistently with Statement of Planning Policy
46AZL. Principles

Division 6--Transitional provision

46AZM. Transitional provision—Consultation in relation to Macedon Ranges Localised Planning Statement

PART 3AAC--AMENDMENTS IN THE GREAT OCEAN ROAD REGION

Division 1--Compliance with Great Ocean Road strategic framework plan

46AZN. Responsible entities to comply with Great Ocean Road strategic framework plan

Division 2--Ratification by Parliament for amendments to Great Ocean Road scenic landscapes area planning scheme

46AZO. To which amendments does this Division apply?
46AZP. Ratification by Parliament required for amendments to which this Division applies
46AZQ. Procedure for ratification of amendment
46AZR. When does an amendment lapse?
46AZS. Application of Act provisions to amendment
46AZT. Application of Division 5 of Part 4 to amendment

PART 3A--UPPER YARRA VALLEY ANDDANDENONG RANGES--REGIONAL STRATEGY PLAN

46A. Definitions
46B. Saving of approved regional strategy plan and amending plans
46C. Amendment of strategy plan
46D. Approval of Parliament needed after appointed day
46E. Availability of amendment
46F. Planning schemes to comply with approved regional strategy plan
46G. Works to be in conformity with approved regional strategy plan

PART 3AB--INFRASTRUCTURE CONTRIBUTIONS

Division 1--Preliminary

46GA. Definitions
46GB. Meaning of ICP land contribution percentage
46GC. Meaning of infrastructure contribution
46GD. Meaning of monetary component
46GE. Meaning of land component
46GF. Meaning of land equalisation amount

Division 2--Infrastructure contributions plans

46GG. Infrastructure contributions plans
46GH. Infrastructure contributions plans not to apply to certain growth area land for provision of State infrastructure
46GI. Contents of infrastructure contributions plans

Division 3--Directions of Minister

46GJ. Directions of Minister
46GK. Planning authorities must comply with directions of Minister

Division 4--Valuation and dispute resolution process for inner public purpose land

46GL. Definitions
46GM. Application of Division
46GN. Planning authority must arrange for estimates of values of inner public purpose land
46GO. Planning authority must give notice to owners of certain inner public purpose land
46GP. Notice under section 46GO to be given to affected owners and collecting agency
46GQ. Affected owner may make submission on estimated value of inner public purpose land
46GR. Planning authority must consider submission
46GS. Decision about submissions
46GT. Valuer-general must hold conference to determine value of inner public purpose land
46GU. Infrastructure contributions plan must be consistent with estimated value of public purpose land

Division 5--Imposition and collection of infrastructure contribution

46GV. Imposition of infrastructure contribution
46GW. Payment of land credit amounts
46GX. Collecting agency may accept works, services or facilities in satisfaction of monetary component

Division 6--Responsibilities of collecting agencies and development agencies

46GY. Responsibilities of the collecting agency to keep proper accounts and records
46GZ. Other responsibilities of the collecting agency
46GZA. Responsibility of a development agency to keep accounts and records
46GZB. Other responsibilities of a development agency

Division 7--Responsibilities of collecting agencies and development agencies if infrastructure contributions not expended

46GZC. Application of Division
46GZD. Responsibility of collecting agency and development agency if monetary component not expended within life of a plan
46GZE. Responsibility of collecting agency and development agency if land equalisation amount not expended within life of a plan
46GZF. Responsibility of collecting agency and development agency if public purpose land is no longer required

Division 8--General

46GZG. Appropriation of Consolidated Fund
46GZH. Recovery of monetary component or land equalisation amount of infrastructure contribution as a debt
46GZI. Reporting requirements of collecting agencies and development agencies
46GZJ. Minister to report annually
46GZK. Collecting agency or development agency may deal with public purpose land under this Part

PART 3B--DEVELOPMENT CONTRIBUTIONS

46H. Definitions
46I. Development contributions plan
46IA. Plans not to apply to certain growth area land for provision of State infrastructure
46J. What can a plan provide for?
46K. Contents of plan
46L. Community infrastructure levy not to exceed maximum
46LA. Adjusted maximum dwelling amount
46LB. Adjustment of dwelling amount specified in an approved development contributions plan
46LC. Adjusted payable dwelling amount
46M. Directions
46N. Collection of development infrastructure levy
46O. Collection of community infrastructure levy
46P. Provisions applying to collection of levies
46Q. Responsibilities of municipal councils
46QA. Responsibilities of collecting agencies
46QB. Responsibilities of development agencies
46QC. Recovery of levy as debt
46QD. Reporting requirements of collecting agencies and development agencies

PART 3C--MELBOURNE AIRPORT ENVIRONS STRATEGY PLAN

46R. Definitions
46S. Melbourne Airport Environs Area
46T. Preparation of strategy plan
46U. Approval of Parliament needed
46V. Availability of amendment
46W. Amendment of approved strategy plan
46X. Planning schemes to comply with approved strategy plan
46Y. Works to be in conformity with approved strategy plan

PART 3D--WILLIAMSTOWN SHIPYARD SITE STRATEGY PLAN

46Z. Purpose of Part
46ZA. Definitions
46ZB. Williamstown Shipyard Site
46ZC. Preparation of Williamstown Shipyard Site Strategy Plan
46ZD. Procedure for making of Williamstown Shipyard Site Strategy Plan
46ZE. Approval of Parliament needed
46ZF. Availability of approved strategy plan
46ZG. Amendments to approved strategy plan
46ZH. Amendment of planning schemes

PART 4--PERMITS

Division 1--Permits required by planning schemes

47. Applications for permits
48. What if the applicant is not the owner?
49. Responsible authority to keep register
50. Amendment to application at request of applicant before notice
50A. Amendment of application by responsible authority before notice
51. Applications to be made available to the public
52. Notice of application
53. What are the duties of applicants?
54. More information
54A. Applicant may apply for extension of time to provide more information
54B. When does an application lapse?
55. Application to go to referral authorities
56. Action by referral authority on application
56A. Referral authority to keep register
57. Objections to applications for permits
57A. Amendments to application after notice of application is given
57B. Notice of amended application
57C. Amended application may go to referral authorities
58. Responsible authority to consider all applications
58A. Responsible authority may request advice from Planning Application Committee
59. Time for decision
60. What matters must a responsible authority consider?
61. Decision on application
61A. Decisions where responsible authority is a council officer
62. What conditions can be put on permits?
63. Grant of permit if no objectors
64. Grant of permit if there are objectors
64A. Grant of permit—recommending referral authority objected or recommended condition that was not included
65. Refusal of permit
66. Notice to referral authority
67. When does a permit begin?
68. When does a permit expire?
68A. Expiration of permits for extractive industry
69. Extension of time
70. Availability of permit
71. Correction of mistakes

Division 1A--Amendment of permits by responsible authority

72. Application for amendment of permit
73. What is the procedure for the application?
74. Issue of amended permit if no objectors
75. Decision to amend permit if there are objectors
75A. Decision to amend permit if recommending referral authority objected to or recommended condition that was not included
76. Refusal of amendment
76A. Notice to referral authority
76B. When does an amendment to a permit begin?
76C. Review of decision on amendment
Division 2 (with any necessary changes) applies to an application for an amendment of a permit and an amendment of a permit as if--
76D. Powers of Minister in relation to application

Division 2--Reviews by Tribunal

77. Applications for review of refusals to grant permits
78. Applications for review of requirements
79. Applications for review of failures to grant permits
80. Applications for review of conditions on permits
81. Applications for review relating to extensions of time
82. Applications for review where objectors
82AAA. Request for review by recommending referral authority
82AA. Applications for review—marine and coastal Crown land
82B. Affected person may seek leave to apply for review
83. Parties to review
83A. Objectors entitled to notice
83AB. Recommending referral authority entitled to notice
83B. Notice if permit application was made without notice
84. An application may be determined after an appeal has been lodged
84A. Parties not restricted to grounds previously notified
84AB. Tribunal may confine review with agreement
84B. Matters for Tribunal to take into account
85. Determination of applications
86. Issue of permit

Division 3--Cancellation and amendment of permits by Tribunal

87. What are the grounds for cancellation or amendment of permits?
87A. Cancellation or amendment of permit issued at direction of Tribunal
88. What are the limits on the power to cancel or amend a permit?
89. Request for cancellation or amendment
90. Hearing by Tribunal
90A. Matters which Tribunal must take into account
91. Determination by Tribunal
92. Notice of the cancellation or amendment
93. Order to stop development
94. Right to compensation

Division 4--Provisions relating to Ministers, government departments and responsible authorities

95. Permits required by Ministers or government departments
96. Land owned or permit required by responsible authorities

Division 5--Combined permit and amendment process[22]

96A. Application for permit when amendment requested
96B. Application of provisions
96C. Notice of amendment, application and permit
96D. Hearing by panel
96E. Report by panel on proposed permit
96F. Planning authority to consider panel's report
96G. Determination by planning authority
96H. Recommendation by planning authority
96I. Minister may grant permit on approval of amendment
96J. Issue of permit
96K. Notice of refusal
96L. Cancellation of permit
96M. Application of provisions
96N. Who is to be the responsible authority?

Division 5A--Metropolitan Planning Levy

96O. Imposition of levy
96P. What is a leviable planning permit application?
96Q. Amount of levy
96R. CPI adjusted amount
96S. Notification and payment of levy
96T. Levy certificate
96U. Revised levy certificate
96V. No refund of levy except in cases of mathematical error
96W. Commissioner's functions and powers
96X. Prohibition on certain disclosures of information by Commissioner etc.
96Y. Permitted disclosures
96Z. Responsible authority or planning authority to keep levy certificate

Division 6--Powers of Minister in relation to applications

97B. Call in power
97C. Request by responsible authority
97D. Referral of applications to Minister
97E. Panel
97F. Decision of Minister
97G. Notice of availability
97H. Effect of issue of permit
97I. Application for amendment of permit
97J. Decision on amendment
97K. Notice of decision
97L. Register
97M. Provisions of Act not to apply
Divisions 2 and 3 of this Part and section 149A do not apply in relation to--

PART 4AA--PLANNING APPLICATION COMMITTEE

97MA. Planning Application Committee
97MB. Membership of Planning Application Committee
97MC. Functions of the Planning Application Committee
97MD. Proceedings of Planning Application Committee
97ME. Subcommittees
97MF. Delegation to subcommittee
97MG. Payment of members of Committee and subcommittees
97MH. Responsible authority to assist Planning Application Committee
97MI. Responsible authority to contribute to costs of Planning Application Committee

PART 4A--CERTIFICATES OF COMPLIANCE

97N. Application for certificate
97O. Certificate of compliance
97P. Review of failure or refusal to issue certificate
97Q. Cancellation or amendment of certificate
97R. Register

PART 5--COMPENSATION

98AAA. Part 5 to not apply to inner public purpose land
98AA. Definitions
98. Right to compensation
99. When does the right to compensation arise?
100. Increased compensation for effect on residence
101. Claim for expenses
102. What if compensation has been previously paid?
103. Small claims
104. Maximum amount of compensation payable
104A. Actual zoning of land may be considered in determining compensation
105. Land Acquisition and Compensation Act 1986 to apply
106. Loss on sale
107. Compensation for removal or lapsing of reservation
108. Persons who are not eligible to claim compensation
109. When is compensation payable by other authorities?
110. Compensation paid to be noted on title
111. Recovery of compensation previously paid
112. Reimbursement of compensation paid
113. Declaration of proposed reservation

PART 6--ENFORCEMENT AND LEGAL PROCEEDINGS

Division 1--Enforcement orders

114. Application for enforcement order
115. Notice of application
116. Determination of Tribunal where no objections
117. Determination of Tribunal where objections are received
119. What can an enforcement order provide for?
120. Interim enforcement orders
121. Cancellation of enforcement order or interim enforcement order
122. Offences
123. Responsible authority may carry out work
124. Orders to bind future owners and occupiers
125. Injunctions

Division 2--Offences and penalties

126. Offence to contravene scheme, permit or agreement
127. General penalties
128. Criminal liability of officers of bodies corporate—failure to exercise due diligence
129. Penalties to be paid to prosecuting authority
130. Planning infringements

Division 2A--Order prohibiting the use or development of land under this Act and the Building Act 1993 for period of time

131. Order prohibiting the use or development of land for period of time
132. Effect of Order
132A. Nothing in Order prevents emergency order

Division 3--Powers of entry

133. Powers of entry
134. What must be done before entry?
135. Powers of authorised persons who enter land
136. Police to assist authorised persons
137. Offence to obstruct
138. No legal proceedings against authorised persons

Division 4--Evidence and notices

139. Evidence of ownership
140. Proof of existence and contents of planning scheme
141. Evidence of planning scheme provisions and permits
142. Evidence of agreements under section 173
143. Constitution and procedure of planning authority or responsible authority
144. Evidence of minutes
145. Notices and service of orders
146. Copies of schemes and amendments
147. General provisions

Division 5--Applications to Tribunal

148. Definitions
149. Application for review
149A. Application by certain persons for declarations
149B. General application for declaration
150. Tribunal orders in relation to proceedings

PART 7--ADVISORY COMMITTEES

151. Advisory committees
152. Powers of advisory committee

PART 8--PANELS

Division 1--Appointment of panels

153. Appointment of panels
154. Composition of panels
155. Chairperson
156. Costs and expenses of panel
157. Panels with more than one member
158. Planning authority to provide assistance
158AA. Terms of reference for panels relating to Suburban Rail Loop program

Division 1A--Directions panel

158A. Appointment of directions panel
158B. Directions by directions panel

Division 2--Hearings

159. Directions about hearings
160. Hearings to be in public
160A. Hearings may be conducted in person or by audio link or audio visual link
161. General procedure for hearings
162. Who may appear before a panel?
163. Effect of failure to attend hearing
164. Panel may hear two or more submissions together
165. Adjournment of hearings
166. Technical defects
167. Panel may regulate its own proceedings
168. Panel may take into account any relevant matter
169. Offences
170. Immunity for panel members

PART 9--ADMINISTRATION

Division 1--General powers

171. Powers of responsible authority
172. Powers of compulsory acquisition

Division 1A--Compulsory acquisition of public purpose land specified in infrastructure contributions plans

172A. Definitions in this Division
172B. Application of Land Acquisition and Compensation Act 1986
172C. Development agency may acquire outer public purpose land
172D. Collecting agency or development agency may acquire inner public purpose land
172E. Application of this Subdivision
172F. Amount of compensation payable to owner of inner public purpose land
172G. Owner of inner public purpose land not entitled to compensation under the Land Acquisition and Compensation Act 1986

Division 2--Agreements[25]

173. Responsible authority may enter into agreements
174. Form and contents of agreement
175. Bonds and guarantees
176. When does an agreement begin?
177. When does an agreement end?
178. Amendment of agreements
178A. Proposal to amend or end agreement
178B. Matters to be considered in considering proposal to amend or end agreement
178C. Notice of proposal
178D. Objections and submissions to responsible authority
178E. Decision to amend or end agreement
178F. Notice of decision to amend or end agreement
178G. Copy of amended agreement to be given to parties
178H. Responsible authority may require payment of costs
178I. When does the amendment or ending of an agreement take effect?
179. Responsible authority to keep and make available a copy of agreement
180. Agreement may not breach planning scheme
181. Recording of agreement
182. Effect of recording
182A. New parties to an agreement
183. Cancellation or alteration of recording
184. Application to Tribunal
184A. Application to Tribunal by applicant in relation to decisions under Subdivision 2
184B. Application to Tribunal by party to agreement
184C. Application to Tribunal by objector
184D. Application to Tribunal by affected person
184E. Objectors entitled to notice
184F. Application to amend or end agreement may be determined after application for review lodged
184G. Determination of application

Division 3--Powers of Minister

185. Inquiry powers
185A. Expedition of planning process
185B. Power to request contact details

Division 4--Delegation

186AA. Interpretation
186. Minister may delegate some powers
187. Secretary may delegate powers to employees
188. Planning authorities and responsible authorities may delegate powers
188A. Victorian Planning Authority may delegate powers
189. Minister may delegate to advisory committees and regional planning authorities
190. Minister may delegate administration of planning schemes

Division 5--Hearings

191. Appointment of committee
192. Who may be on the committee?
193. Who may attend the hearing?
194. Functions of committee
195. Effect of hearing
196. Fees and allowances

Division 6--Time

197. Expedition

Division 6A--Publication and inspection of documents and register requirements

197A. Public availability requirements
197B. In person inspection requirements
197C. Electronic publication requirements
197D. On request inspection requirements
197E. Electronic register requirements
197F. Electronic disclosure of certain personal information in permits and other documents
197G. Electronic disclosure of certain personal information on registers
197H. Exception to compliance with certain inspection requirements when an emergency declaration is in force

Division 7--Planning certificates

198. Application for planning certificate
199. Planning certificates
200. Certificate to be proof of certain matters
201. Underlying zoning

Division 8--Change of responsible authority or area

201A. What if the responsible authority changes?
201B. What if area of planning scheme changes?
201C. Changes to schemes arising from changes to municipal boundaries
201CA. Change in boundary of Port of Melbourne Area

Division 9--Supreme Court--limitation of jurisdiction

201D. Supreme Court—limitation of jurisdiction[26]

PART 9A--PROJECTS OF STATE OR REGIONAL SIGNIFICANCE

201E. Definitions
201F. Declaration of project
201G. Delegation
201H. Acquisition by agreement
201I. Powers of compulsory acquisition
201J. Secretary's powers to dispose of land
201K. Recommendation of closure of roads
201L. Order for closure of road
201M. Temporary closure of road
201N. Recommendation for removal of easements and restrictions
201O. Order for removal of easement or restriction
201P. Compensation
201Q. Action by Registrar of Titles and Registrar-General

PART 9B--GROWTH AREAS INFRASTRUCTURE CONTRIBUTION

Division 1--Introductory

201R. Definitions
201RAA. Minister may declare growth area
201RA. GAIC events
201RB. Excluded events
201RC. Contribution area
201RD. What is a sub-sale of dutiable property?
201RE. What is a significant acquisition?
201RF. Excluded subdivisions of land
201RG. Excluded building work
201RH. Taxation Administration Act 1997
201RI. Part binds the Crown
201RJ. Application of Divisions 2 and 3 if there is GAIC event that is a certification of a non‑SOC plan of subdivision
--Divisions 2 and 3 (except sections 201SE, 201SF, 201SL, 201SPAA and 201SR) apply, with any necessary modifications, in relation to the certification of a non‑SOC plan of subdivision as if any reference to the issue of a statement of compliance relating to a plan of subdivision were a reference to the certification of a non‑SOC plan of subdivision.

Division 2--Imposition of growth areas infrastructure contribution

201S. Imposition of growth areas infrastructure contribution
201SA. Circumstances where GAIC not imposed
201SB. Liability for GAIC taken not to have arisen in certain circumstances
201SC. Liability for GAIC arising when GAIC event occurs
201SD. Liability for GAIC arising after GAIC event occurs
201SE. Time of occurrence of GAIC event
201SF. Persons liable to pay GAIC
201SG. Amount of GAIC
201SGA. Apportionment of GAIC on issue of statement of compliance
201SH. Minister may fix lower increase in GAIC
201SI. Governor in Council may fix lower GAIC
201SJ. Instrument or statement must be lodged evidencing dutiable transaction
201SK. Acquisition statement
201SL. When and to whom the GAIC is payable
201SLA. Refund of GAIC if land no longer in contribution area
201SLB. Minister may enter into agreements
201SLC. Matters to be included in a work-in-kind agreement
201SLD. Work-in-kind agreement may contain restriction on land dealings
201SLE. Copy of work-in-kind agreement must be given to Commissioner and Victorian Planning Authority
201SLF. Amendment of work-in-kind agreement
201SLG. Ending of work-in-kind agreement
201SLH. Work-in-kind agreements to be recorded by Registrar of Titles
201SLI. Restrictions on dealings with land
201SLJ. Entering into a work-in-kind agreement does not discharge GAIC
201SLK. Person must notify the Victorian Planning Authority of performance of agreement
201SLL. Victorian Planning Authority must determine whether agreement has been performed
201SLM. Performance of work-in-kind agreement taken to be payment of GAIC
201SLN. Person in default if work-in-kind agreement not performed by due date
201SM. Person may elect to defer payment of GAIC
201SMAA.Liability to pay deferred GAIC in relation to subsequent dutiable transactions
201SMA. Indexation and interest applying to deferred GAIC
201SN. Method of calculating indexation of deferred GAIC
201SO. Interest payable on deferred GAIC
201SOA. Remission of interest by Commissioner
201SOB. Removal of liability for GAIC if land ceases to be in contribution area
201SOC. Apportionment of GAIC on issue of statement of compliance
201SP. Deferred GAIC and interest must be paid to Commissioner by due date
201SPAA.Time for payment of apportioned and deferred GAIC on public purpose land subdivision
201SPA. Default on payment of deferred GAIC
201SQ. Deferred GAIC becomes a charge on the land
201SR. Approval by Minister for staged payment of GAIC for subdivisions or building works
201SRA. Subsequent owner of land in respect of which approval granted liable to pay GAIC
201SS. Time for paying GAIC does not apply if approval for staged payment
201ST. Interest payable on GAIC subject to staged payment
201SU. Minister must give person notice of staged payment approval
201SV. Staged payment approval payments to be paid to Commissioner
201SW. GAIC subject to staged payment is a charge on land
201SX. Commissioner to give certain certificates to persons relating to their GAIC liability
201SY. Certificate of release
201SZ. Certificate of deferral
201SZA. Certificate of staged payment approval
201SZB. Certificate of partial release
201SZC. Certificate of exemption
201SZD. Certificate of no GAIC liability
201SZE. Certificates issued under this Subdivision
201SZF. GAIC certificate
201SZG. Notice to Registrar regarding registration of subdivision or transfer of land
201SZH. Commissioner may seek assistance for issuing certificates
201SZI. Certificate not to be taken as an assessment
201SZJ. Commissioner to pay GAIC into Consolidated Fund

Division 3--Exemptions and reductions of GAIC liability

201TA. Exemption from paying GAIC if no consideration
201TB. Exemption from paying GAIC if duties exemption would apply
201TC. Exemption from paying GAIC for land dealings involving public authorities and councils
201TD. Exemption for transfer of land by owner to superannuation fund or to beneficiaries
201TE. Governor in Council may grant reduction or exemption of GAIC in certain circumstances
201TF. Reduction of GAIC if agreement to provide State infrastructure or funds
201TG. Notice of determination of application

Division 4--Powers and duties ofVictorian Planning Authority, Commissioner and Registrar of Titles regarding GAIC

201U. Victorian Planning Authority to keep record of contribution area
201UA. Access to records and information relating to GAIC
201UAA. Victorian Planning Authority to inform Commissioner when precinct structure plan applies to contribution area land
201UAB. Victorian Planning Authority may request council to provide information about contribution area land
201UB. Victorian Planning Authority to notify the Registrar of land subject to GAIC
201UC. Application to remove recording on land relating to GAIC
201UD. Registrar to make a recording on land that may be subject to GAIC
201UE. Registrar to remove recordings on land not subject to GAIC
201UF. No entitlement to compensation in connection with Registrar's duties
201UG. Registrar not to accept transfer unless accompanied by notice or application from Commissioner or Victorian Planning Authority

Division 5--Growth areas funds

201V. Establishment of growth areas funds
201VA. Application of Growth Areas Public Transport Fund
201VB. Application of Building New Communities Fund
201VC. Department and Victorian Planning Authority to report on GAIC and growth area funds

PART 10--REGULATIONS

202. General regulation-making powers
203. Fees regulations

PART 11--REPEALS, TRANSITIONAL AND SAVINGS

206. Savings generally
207. Schemes and orders
208. Permits
211. Savings for permits issued in accordance with revoked scheme or order
212. Savings for appeals determined in accordance with revoked scheme or order
213. Transitional provisions
214. Transitional provisions
215. Transitional—Planning and Environment (General Amendment) Act 2004
216. Transitional—Amendment of permits
217. Transitional—Planning and Environment Amendment Act 2007
218. Transitional provisions—Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011
220. Transitional provisions—Duties Amendment (Landholder) Act 2012
220A. Transitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013
220B. Transitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013
221. Transitional provisions—Planning and Environment Amendment (General) Act 2013
222. Transitional provisions—State Taxation Acts Further Amendment Act 2016
223. Transitional provisions—Victorian Planning Authority Act 2017
225. Transitional provision—Project Development and Construction Management Amendment Act 2020
226. Transitional provisions about publication and inspection requirements—Planning and Environment Amendment Act 2021
227. Transitional provision about directions—Planning and Environment Amendment Act 2021
228. Transitional and savings provisions—Building and Planning Legislation Amendment Act 2023
229. Transitional provisions—State Taxation Acts Amendment Act 2023
SCHEDULE 1
SCHEDULE 2
ENDNOTES

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