Victorian Numbered Acts Victorian Numbered Acts(1) Subject to subsection (2), if an event specified in column 2 of an item in the Table (that is not an excluded event) occurs, the environment mitigation levy is imposed in respect of the relevant land specified in column 3 of that item in the Table opposite that event.
(2) The environment mitigation levy cannot be imposed more than once in respect of land specified in column 3 of an item in the Table even if an event specified in column 2 of that item (that is not an excluded event) occurs again in respect of that land.
(3) For the purposes of items 4 and 5 in the Table, a parcel of land specified in column 3 of either of those items does not include a parcel of land that—
(a) is solely a buffer zone (within the meaning of section 7(2)); or
(b) has a buffer zone (within the meaning of section 7(2)) and an area to which the approved work plan referred to in column 2 for that item does not apply.
(4) To avoid doubt, a person is not entitled to pay any amount in respect of the environment mitigation levy that the person may be liable to pay in respect of a levy event until the levy event occurs.
Table
|
Column 1 Item |
Column 2 Event |
Column 3 Land |
|---|---|---|
|
1 |
The issue of a statement of compliance for a plan of subdivision in relation to a parcel of land wholly or partly within the levy area |
If the parcel of land is wholly within the levy area, the whole of that parcel of land If the parcel of land is partly within the levy area, that part of the parcel of land within the levy area |
|
2 |
The certification of a plan of subdivision submitted under section 35 of the Subdivision Act 1988 in relation to land wholly or partly within the levy area for which a statement of compliance is not required to be issued before registration of that plan under that Act |
If the land acquired, or to be acquired, by the acquiring authority is a parcel of land wholly within the levy area, the whole of that parcel of land If the land acquired, or to be acquired, by the acquiring authority is a parcel of land partly within the levy area, that part of the parcel of land within the levy area |
|
3 |
The making of an application for a building permit for the construction of a building on— (a) a parcel of land wholly or partly within the levy area; or (b) on Crown land within the levy area |
The whole of the parcel of land, or if the parcel of land is partly within the levy area that part of the parcel of land within the levy area, on which a building may be constructed if a building permit is issued on that application The Crown land that will be directly impacted by any building work if a building permit is issued on that application |
|
4 |
The approval of a work plan under section 77G of the Mineral Resources (Sustainable Development) Act 1990 to carry out an extractive industry on— |
The whole of the parcel of land, or if the parcel of land is partly within the levy area that part of the parcel of land within the levy area, on which the extractive industry may be carried out under that approved work plan |
| |
(a) a parcel of land wholly or partly within the levy area; or (b) on Crown land within the levy area |
The Crown land that will be directly impacted by the carrying out of the extractive industry under that approved work plan and any work carried out in connection with the carrying out of that extractive industry |
|
5 |
The approval of a variation of a work plan under section 77HB of the Mineral Resources (Sustainable Development) Act 1990 to carry out an extractive industry on— (a) a parcel of land wholly or partly within the levy area; or (b) on Crown land within the levy area |
The whole of the parcel of land, or if the parcel of land is partly within the levy area that part of the parcel of land within the levy area, on which the extractive industry may be carried out under that approved work plan The Crown land that will be directly impacted by the carrying out of the extractive industry under that approved work plan and any work carried out in connection with the carrying out of that extractive industry |
|
6 |
The completion of utility infrastructure work on Crown land within the levy area |
The Crown land directly impacted by the utility infrastructure work and any work carried out in connection with the carrying out of that utility infrastructure work |
|
7 |
The completion of construction of a road, a part of a road or road infrastructure on Crown land within the levy area |
The Crown land directly impacted by the work for the construction of the road or part of the road or road infrastructure and any other work carried out in connection with that construction |