Victorian Current Acts

PLANNING AND ENVIRONMENT ACT 1987 - SECT 201SRA

    (1)     If an approval is granted under section 201SR for the staged payment of a growth areas infrastructure contribution and the ownership of the whole of the land in respect of which the contribution is imposed is transferred to a person (the subsequent owner ) other than the person granted the approval (the former owner ) as a result of the occurrence of a dutiable transaction relating to land—

        (a)     the liability to pay the contribution is imposed on the subsequent owner from the time of the occurrence of the transaction; and

        (b)     the liability of the former owner to pay the contribution is extinguished from the time of the occurrence of the transaction; and

        (c)     the subsequent owner is taken to have been granted an approval for the staged payment of the contribution that the subsequent owner is liable to pay under paragraph (a); and

        (d)     the approval taken to have been granted under paragraph (c) is subject to the same conditions as the approval granted to the former owner; and

        (e)     the approval taken to have been granted under paragraph (c) is taken to take effect from the date the dutiable transaction relating to land occurs.

    (2)     Within 10 days of the date of occurrence of the dutiable transaction referred to in subsection (1), the former owner must give the Minister written notice of the transaction setting out the contact details for the subsequent owner.

    (3)     The Minister, on the application of the subsequent owner, must give to the subsequent owner a notice in the same form as the notice in section 201SU(1) subject to paragraph (c) of that section being read as if the reference to "the GAIC event" were a reference to " the dutiable transaction relating to land".

S. 201SRA(4) amended by No. 11/2017 s. 79.

    (4)     The Minister must forward a copy of the notice under subsection (3) to the Commissioner and to the Victorian Planning Authority.

    (5)     In this section a dutiable transaction relating to land occurs at the time at which the transaction would be taken to have occurred under Chapter 2 of the Duties Act 2000 .

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