Victorian Numbered Acts

MELBOURNE STRATEGIC ASSESSMENT (ENVIRONMENT MITIGATION LEVY) ACT 2020 (NO. 1 OF 2020) - SECT 116

A certificate signed by the Secretary that states any one or more of the following matters is admissible in any proceeding and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate—

        (a)     that an event described in the certificate is a levy event;

        (b)     the date on which a levy event occurred;

        (c)     that the person named in the certificate is liable to pay the levy;

        (d)     that an assessment or reassessment of levy liability has been made in relation to circumstances specified in the certificate;

        (e)     on a day specified in the certificate, the environment mitigation information system was used to determine the following things for the purposes of making an assessment or reassessment of levy liability—

              (i)     the location, area and boundaries of the levy land;

              (ii)     the part of the levy land that was covered by a habitat area;

              (iii)     Scattered tree locations on the levy land;

        (f)     that the amount of the whole or a part of the levy or interest stated in the certificate is payable by the person named in the certificate or has been paid in whole or in part, by or on behalf of, the person so named;

        (g)     that a document specified in the certificate was posted, delivered or given to, or served personally on, a person named in the certificate on a day specified in the certificate;

        (h)     on a day specified in a certificate under paragraph (e), the environment mitigation information system—

              (i)     operated correctly; and

              (ii)     in its operation, met the prescribed standards (if any) and prescribed requirements (if any); and

              (iii)     had stored in it, the environment mitigation dataset;

              (i)     that the land described in the certificate is or was levy land;

        (j)     that the levy in relation to land described in the certificate has, or has not, been discharged, as the case requires;

        (k)     that the location, area and boundaries of levy land, or land in relation to which the levy may be payable under a staged payment approval;

        (l)     an area of levy land, or land in relation to which the levy may be payable under a staged payment approval, described in the certificate is covered by a habitat area and the size of the area of coverage;

        (m)     a location on levy land, or land in relation to which the levy may be payable under a staged payment approval, described in the certificate is a Scattered tree location.