Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PLANNING AND ENVIRONMENT ACT 1987 - SECT 201SR

Approval by Minister for staged payment of GAIC for subdivisions or building works

S. 201SR(1) amended by No. 66/2016 s. 19(1).

    (1)     Subject to subsection (8), a person who is or may be liable to pay a growth areas infrastructure contribution in respect of—

        (a)     the issue of a statement of compliance relating to a plan of subdivision of land; or

        (b)     an application for a building permit to carry out work on land

may apply to the Minister in writing for approval of the staged payment of the contribution.

S. 201SR(2) amended by No. 66/2016 s. 19(1).

    (2)     Subject to subsection (8), a person who is liable to pay a growth areas infrastructure contribution imposed in respect of a dutiable transaction relating to land, the whole or part of which has been deferred under Subdivision 3, may apply to the Minister in writing for approval of the staged payment of the deferred contribution if—

        (a)     a statement of compliance relating to a plan of subdivision of all or part of that land is to be issued; or

        (b)     an application for a building permit to carry out work on all or part of that land is to be made.

    (3)     An application under subsection (1) or (2) must be made before the day on which the contribution is payable.

    (4)     The Minister may give an approval to a person under this section if the person has applied in accordance with this section.

    (5)     The approval is subject to the following conditions—

        (a)     the growth areas infrastructure contribution is to be paid in stages;

        (b)     in the case of an approval relating to a plan of subdivision, each stage must relate to a specified part of the land that is to be subdivided;

        (c)     the amount of the payment for each stage must be specified in the approval;

        (d)     the payment for each stage must be paid by a specified date;

        (e)     there must be a final date specified for the payment of the whole contribution;

        (f)     if there is a failure to make a payment for any stage by the due date for that stage, the whole amount of the growth areas infrastructure contribution for which the person is liable will become payable immediately as if the approval had never been given;

        (g)     any other condition that is agreed between the Minister and the person applying for the approval.

    (6)     If the approval relates to a plan of subdivision, any stage that is not approved under the original approval requires a further approval by the Minister in accordance with this section.

    (7)     Any amendment to an approval given under this section to change the due date for a payment or the amount of a payment specified in that approval requires a further approval by the Minister in accordance with this section.

S. 201SR(8) repealed by No. 31/2011 s. 17, new s. 201SR(8) inserted by No. 66/2016 s. 19(2).

    (8)     If the sole purpose of a plan of subdivision
of land to which a statement of compliance referred to in subsection (1)(a) or (2)(a) relates is to provide for public purpose land, a person cannot apply to the Minister for approval of the staged payment of the proportion of the growth areas infrastructure contribution that is apportioned under section 201SGA or 201SOC (as the case requires) to public purpose land.

S. 201SRA inserted by No. 23/2010 s. 9.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback