Victorian Numbered Acts

MELBOURNE STRATEGIC ASSESSMENT (ENVIRONMENT MITIGATION LEVY) ACT 2020 (NO. 1 OF 2020)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of environment mitigation dataset  
   5.      Meaning of excluded building work  
   6.      Meaning of excluded event  
   7.      Meaning of excluded subdivision of land  
   8.      Meaning of sub-sale of dutiable property  
   9.      Act binds the Crown  

   PART 2--LEVY SCHEME INSTRUMENTS AND THE INFORMATION SYSTEM

           Division 1--Levy area and conservation area declarations

   10.     Declaration of the levy area  
   11.     Declaration of conservation areas  
   12.     Secretary must have regard to certain Commonwealth approvals and any prescribed matter  
   13.     Notice of making of a levy scheme declaration  
   14.     Preparation of maps to set out the levy area and conservation areas  
   15.     When does a levy scheme declaration take effect?  
   16.     Levy scheme declarations must be made available for inspection and published on the internet  
   17.     Amending and revoked levy scheme declarations must be made available for inspection for at least 7 years  
   18.     Application of Subordinate Legislation Act 1994 to levy area declarations  

           Division 2--The environment mitigation information system

   19.     Establishment of environment mitigation information system  
   20.     Public access to environment mitigation information system data and information  

   PART 3--THE ENVIRONMENT MITIGATION LEVY

           Division 1--Imposition

   21.     Imposition of environment mitigation levy  
   22.     Amount of environment mitigation levy  
   23.     Publication of adjusted rates for component levy amounts  

           Division 2--Persons liable to pay environment mitigation levy and by when

   24.     Who must pay the environment mitigation levy and by when  
   25.     Liability for levy taken not to have arisen in certain cases  

           Division 3--Staged payment of environment mitigation levy

   26.     Application  
   27.     Staged payment approvals  
   28.     Notice of staged payment approval  
   29.     Amendment of conditions to which staged payment approval is subject  
   30.     Subsequent owner of land in respect of which staged payment approval given liable to pay levy  
   31.     Time for paying levy does not apply if approval for staged payment  
   32.     Amount of the levy payable is the amount applicable to the financial year in which staged payment occurs  
   33.     Staged payment approval payments must be paid to Secretary  
   34.     Failure to comply with condition of staged payment of approval  
   35.     Levy subject to staged payment approval may be a charge on land  

           Division 4--Reduction of environment mitigation levy through land transfer agreements

   36.     Secretary and other public entities may enter into land transfer agreements  
   37.     Matters to be included in a land transfer agreement  
   38.     Amendment of land transfer agreement  
   39.     Terminating a land transfer agreement  
   40.     Entering into a land transfer agreement does not discharge liability to pay levy  
   41.     Performance of land transfer agreement taken to be payment of levy  
   42.     Consequences when land transfer agreement is terminated before wholly performed  

           Division 5--Notification of certain levy events on Crown land

   43.     Secretary to be notified of utility infrastructure or road construction work on Crown land within levy area  
   44.     Secretary to be notified of building permit application for building work on Crown land within levy area  

           Division 6--Levy recordings for land that is not Crown land

   45.     Secretary must notify the Registrar of land that is not Crown land that may be subject to levy  
   46.     Registrar must make a levy recording in relation to land that is not Crown land that may be subject to levy  
   47.     Applications to remove levy recordings  
   48.     Registrar to remove a levy recording relating to a parcel of land not subject to levy  
   49.     No entitlement to compensation in connection with Registrar's duties  

           Division 7--Miscellaneous

   50.     Environment mitigation levy is a debt payable to and recoverable by Secretary  
   51.     Joint liability to pay environment mitigation levy  

   PART 4--ASSESSMENT OF LEVY LIABILITY AND COLLECTION OF ENVIRONMENTMITIGATION LEVY

           Division 1--Assessment

   52.     Assessment of levy liability  
   53.     Reassessment of levy liability  
   54.     Reassessments cannot be made more than 5 years after the date of original assessments of levy liability  
   55.     Secretary not required to consider vexatious or non-conforming applications for reassessment  
   56.     Environment mitigation information system must be used for assessments and reassessments  
   57.     Information on which assessment or reassessment is made  
   58.     Contents of reassessment determinations  
   59.     Applications for reassessment  
   60.     Levy assessment notice  
   61.     Person served an assessment notice must pay the levy amount stated in the notice by the stated date  
   62.     Withdrawal of assessment or reassessment  
   63.     Notice of certain joint assessments, reassessments and withdrawals  

           Division 2--Objections

   64.     Definition  
   65.     Objection  
   66.     Grounds for objection  
   67.     Effect on objection if there is a reassessment before objection is determined  
   68.     Onus of proof on objection  
   69.     Time for lodging objection  
   70.     Secretary may request additional information for the purpose of determining objection  
   71.     Objector may apply for extension of time to give more information  
   72.     Objection lapses if there is non-compliance with an additional information notice  
   73.     Suspension of determination of objection on giving of additional information notice  
   74.     Suspension of determination of objection at request of objector  
   75.     Determination of objection  
   76.     Secretary must inform VCAT of certain determinations of objections  
   77.     Notice of determination  
   78.     Payment of interest following determination of objection  

           Division 3--Review of determinations of objections

   79.     Right of review by VCAT  
   80.     Onus on review  
   81.     Giving effect to decision on review  

           Division 4--Refunds

   82.     Secretary must refund levy overpayments  

           Division 5--Interest

   83.     Interest in respect of levy defaults  
   84.     Minimum amount of interest  
   85.     Interest rate to prevail over interest otherwise payable on a judgment debt  
   86.     Remission of interest  
   87.     Interest on refunds and on successful objection or review  

           Division 6--Miscellaneous

   88.     Recovery of levy pending a determination of objection or determination of application for review  

   PART 5--THE MELBOURNE STRATEGIC ASSESSMENT FUND

   89.     Establishment of Melbourne Strategic Assessment Fund  
   90.     Application of Melbourne Strategic Assessment Fund  
   91.     Minister to report financial position of Melbourne Strategic Assessment Fund  

   PART 6--REVIEW OF ENVIRONMENT MITIGATION LEVY

   92.     Definitions  
   93.     Conservation outcomes  
   94.     Review and report on review  
   95.     Commencement of review  
   96.     Notice of review  
   97.     Preparation of draft report on a review  
   98.     Minister must have regard to public comments  
   99.     Publication of report at end of review  
   100.    Report to be publicly available for at least 10 years after publication  

   PART 7--GENERAL

           Division 1--Register of Crown land with no levy liability

   101.    Register of Crown land with no levy liability  

           Division 2--Levy-related certificates

   102.    Application for a certificate  
   103.    Certificate of release  
   104.    Certificate of staged payment approval  
   105.    Certificate of partial release  
   106.    Certificate of no liability  
   107.    Levy liability certificate  
   108.    Certificate not to be taken as an assessment or reassessment  

           Division 3--Authorised officers

   109.    Authorised officers  
   110.    Identity cards for authorised officers  

           Division 4--Information gathering powers relating to Crown land levy events

   111.    Power to require information and documents in relation to levy events on Crown land  
   112.    Building surveyors to give information to the Secretary in relation to certain building permit applications  
   113.    Powers of entry—Crown land in the levy area  

           Division 5--Evidentiary provisions

   114.    Presumption of regularity as to issue of documents  
   115.    Evidence of assessment or reassessment  
   116.    Certificate evidence  
   117.    Copies of and extracts from certain documents  

           Division 6--Service

   118.    Definition  
   119.    Service of documents on Secretary  
   120.    Service of documents by Secretary  
   121.    When service is effective  

           Division 7--Delegations and other instruments

   122.    Delegation—Minister delegations  
   123.    Delegation—Secretary delegations  
   124.    Excluded event certificate  

           Division 8--Miscellaneous

   125.    Public accessibility of environment mitigation dataset  
   126.    Means and time of payment of environment mitigation levy  
   127.    Adjustments for fraction of a dollar  

           Division 9--Regulations

   128.    Regulations  

   PART 8--TRANSITIONAL PROVISIONS

   129.    Definitions  
   130.    Payments made under applicable Commonwealth approvals  
   131.    Staged obligations agreements under or in relation to applicable Commonwealth approvals  
   132.    Transfer of deemed staged payment approvals  

   PART 9--RELATED AMENDMENTS TO OTHER ACTS

           Division 1--Amendment of Building Act 1993

   133.    New section 18D inserted  
   134.    Refusal of building permit  

           Division 2--Amendment of Commissioner for Environmental Sustainability Act 2003

   135.    Purpose and outline of Act  
   136.    Definitions  
   137.    Functions of the Commissioner  
   138.    New section 18A inserted  
   139.    Public availability  

           Division 3--Amendment of Mineral Resources (Sustainable Development) Act 1990

   140.    Work plan  
   141.    Approval of variation of work plan  

           Division 4--Amendment of Subdivision Act 1988

   142.    The procedure for certification and registration of plans  
   143.    New section 7A inserted  
   144.    Statement of compliance with statutory requirements  
   145.    Acquisition of land by acquiring authority  

           Division 5--Amendment of Victorian Civil and Administrative Tribunal Act 1998

   146.    New Part 14A of Schedule 1 inserted  

           Division 6--Repeal of this Part

   147.    Repeal of this Part  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES