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PLANNING AND ENVIRONMENT ACT 1987 - SECT 201SP

Deferred GAIC and interest must be paid to Commissioner by due date

S. 201SP(1) amended by Nos 31/2011 s. 14(1), 66/2016 s. 15.

    (1)     Subject to sections 201SPAA and 201SS, a person who under this Subdivision has deferred the payment of the whole or part of a growth areas infrastructure contribution imposed in respect of a dutiable transaction relating to land (other than a significant acquisition) must pay to the Commissioner that deferred contribution on or before the first of the following to occur—

S. 201SP(1)(a) amended by No. 31/2011 s. 14(2).

        (a)     the issue of a statement of compliance relating to a plan of subdivision of all or any part of that land (other than a subdivision of land solely to enable land to be transferred in accordance with a work-in-kind agreement); or

        (b)     the making of an application for a building permit to carry out building work on all or any part of that land.

S. 201SP(2) amended by Nos 31/2011 s. 14(1)(3), 38/2012 s. 24(1), 66/2016 s. 15.

    (2)     Subject to sections 201SPAA and 201SS, a person who under this Subdivision has deferred the whole or part of a growth areas infrastructure contribution imposed in respect of a significant acquisition of an interest in a landholder must pay to the Commissioner that deferred contribution on or before the first of the following to occur—

S. 201SP(2)(a) amended by No. 38/2012 s. 24(1).

        (a)     the issue of a statement of compliance relating to a plan of subdivision of all or part of the land held by the landholder in respect of which the liability to pay the deferred contribution is imposed;

S. 201SP(2)(b) amended by No. 38/2012 s. 24(1).

        (b)     the making of an application for a building permit to carry out building work on all or any part of the land held by the landholder in respect of which the liability to pay the contribution is imposed.

Example to s. 201SP(2) substituted by No. 31/2011 s. 14(4), amended by No. 38/2012 s. 24(2).

Example

RST Pty Ltd is a private 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 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 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 applies for approval of the staged payment of the GAIC under Subdivision 4.

    (3)     The time for payment of a growth areas infrastructure contribution under section 201SL does not apply in respect of the whole or part of a growth areas infrastructure contribution deferred under this Subdivision.

    (4)     In this section—

"building work" does not include excluded building work;

"subdivision of land" does not include an excluded subdivision of land.

S. 201SPAA inserted by No. 66/2016 s. 16.



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