Victorian Current Acts

PLANNING AND ENVIRONMENT ACT 1987 - SECT 46GV

    (1)     This section applies if an approved infrastructure contributions plan provides that an infrastructure contribution is imposed in relation to the development of land in the ICP plan area of that plan.

    (2)     An infrastructure contribution is imposed in relation to the development of any of the land at the earlier time at which a person (the  applicant ) makes an application for either of the following—

        (a)     a permit under this Act to develop the land;

        (b)     a building permit under the Building Act 1993 to carry out building work on the land.

    (3)     The applicant must pay the monetary component and any land equalisation amount of the infrastructure contribution to the collecting agency in a manner specified by the collecting agency—

        (a)     before the earliest of the following—

              (i)     if the development of the land involves a plan under the Subdivision Act 1988 —the issue of the statement of compliance in relation to that plan;

              (ii)     if the development of the land requires a building permit—the issue of the building permit;

              (iii)     a time specified in the approved infrastructure contributions plan; or

        (b)     before a time specified in an agreement entered into by the collecting agency and the applicant.

    (4)     Subject to subsection (8), if any land component of the infrastructure contribution includes any inner public purpose land, the applicant must ensure that the inner public purpose land is provided in accordance with subsections (5) and (6) to—

        (a)     in the case of inner public purpose land required for a road—the development agency responsible for the use and development of the land;

        (b)     in any other case—the collecting agency.

    (5)     The applicant must provide the inner public purpose land under subsection (4) by ensuring that—

        (a)     any inner public purpose land for a road is set aside on a plan under the Subdivision Act 1988 to vest in the development agency responsible for the use and development of that land; and

        (b)     any other inner public purpose land is set aside on a plan under the  Subdivision Act 1988 to vest in the collecting agency.

    (6)     The applicant must lodge any plan referred to in subsection (5) for registration under section 22 of the Subdivision Act 1988 within a time specified in a permit under this Act or an agreement entered into by the collecting agency and the applicant (as the case requires).

    (7)     Without limiting section 62, if the applicant applies for a permit under this Act to develop the land in the ICP plan area, the responsible authority must impose the requirements set out in subsections (3) and (4) as conditions on that permit.

    (8)     If any part of the inner public purpose land required to be provided to a development agency or the collecting agency under subsection (4) is acquired by that development agency or collecting agency before the time that it is required to be provided under this section, that part of the inner public purpose land is taken to have been provided under subsection (4) at the time of the acquisition of the land.

    (9)     The collecting agency may require the payment of a monetary component or the provision of the land component of an infrastructure contribution under this section to be secured to its satisfaction.

S. 46GW inserted by No. 7/2018 s. 10.