Victorian Current Acts

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PLANNING AND ENVIRONMENT ACT 1987 - SECT 46GZ

Other responsibilities of the collecting agency

    (1)     This section applies to the collecting agency under an approved infrastructure contributions plan, whether or not the collecting agency is also a development agency under that plan.

    (2)     The collecting agency to which a monetary component is paid must forward any part of the monetary component that is imposed for—

        (a)     plan preparation costs—to the planning authority that incurred those costs, unless the agency is that planning authority; and

        (b)     the provision of works, services or facilities—to the development agency that is specified in the plan as responsible for those works, services or facilities.

    (3)     If the collecting agency is not a municipal council, the collecting agency must pay into the Consolidated Fund any part of a monetary component that is not forwarded to a planning authority or a development agency under subsection (2).

Note

A collecting agency that is not a municipal council will only pay into the Consolidated Fund all or part of the monetary component under subsection (3) if the monetary component is imposed for plan preparation costs incurred by the collecting agency in its capacity as a planning authority or for the provision of works, services or facilities by or on behalf of the collecting agency in its capacity as a development agency.

    (4)     The collecting agency must use any land equalisation amounts that are paid to the collecting agency to pay land credit amounts under subsection (7), except any part of those amounts that are to be forwarded to a development agency under subsection (5).

    (5)     The collecting agency must forward any part
of a land equalisation amount required for the acquisition of outer public purpose land by a development agency specified in the approved infrastructure contributions plan to that development agency.

    (6)     Subsections (2)(b) and (5) do not apply to the collecting agency if the collecting agency is the relevant development agency.

    (7)     The collecting agency must pay to each person who must provide an infrastructure contribution under the approved infrastructure contributions plan any land credit amount to which the person is entitled under section 46GW.

    (8)     If the collecting agency is not a municipal council, the collecting agency must pay into the Consolidated Fund any land equalisation amounts that are not immediately used by the collecting agency to pay land credit amounts under subsection (7).

    (9)     If any inner public purpose land is vested in the collecting agency under the Subdivision Act 1988 or is acquired by the collecting agency before the time it is required to be provided to the collecting agency under section 46GV(4), the collecting agency must transfer the estate in fee simple in the land to the development agency specified in the approved infrastructure contributions plan as responsible for the use and development of that land, unless the collecting agency is that development agency.

S. 46GZA inserted by No. 7/2018 s. 10.



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