Development Victoria Act 2003 (Vic)
Version No. 033
Development Victoria Act 2003
No. 59 of 2003
Version incorporating amendments as at
1 January 2020
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
3ATransport Integration Act 2010
4Does Development Victoria represent the Crown?
Part 2—Development Victoria
Division 1—Establishment
5Establishment
Division 2—Functions and powers
7Functions
8Powers of Development Victoria
9Development Victoria subject to the direction and control of the Minister
10Non-commercial functions
11Delegation
12Development Victoria may enter into joint ventures etc.
13Reciprocal arrangements with public sector agencies
14Grant of land to Development Victoria
15Approval required for acquisition of private land
16Staff
Division 3—The board
17The board
18Constitution of the board
19Appointment of directors
19AEligibility criteria for appointment of directors
20Terms and conditions of appointment
21Acting appointments
22Chief executive
23Vacancies, resignations, removal from office
24Validity of decisions
25Proceedings of the board
26Sub-committees
27Participation in meetings by telephone etc.
28Resolutions without meetings
29Disclosure of interests
30Duties of directors
31Development Victoria or Minister may bring proceedings
32Development Victoria not to make loans to directors
33Limitations on indemnity
Part 3—Powers relating to declared projects
Division 1—Declared projects
34Project order
35Application of Act
36Development Victoria represents the Crown in relation to project
37Development Victoria to surrender land
38This Part binds the Crown
Division 2—Obtaining land
39Surrender or divesting of land of other bodies
40Grant of land to Development Victoria
40APortion of net proceeds of sale of granted land payable into General Fund
41Acquisition by agreement
42Compulsory acquisition of land
Division 3—Compensation for surrendered or divested land
43Right to compensation on surrender or divesting
Division 4—Activities on land
44Land management and use
45Revocation of permanent and temporary reservations
46Power to enter land
Division 5—Disposing of and other dealings with land
47Development Victoria may surrender land to the Crown
48Disposing of land
49Agreements that run with the land
Division 5A—Charges
Subdivision 1—Introductory
50Definitions
51What is development?
51AWhich subdivisions and building work are exempt development?
51BIndexation of threshold amount
51CWhat is development value?
51DHow is development value assessed?
51ENominated valuer to make assessments
Subdivision 2—General charges
51FGeneral charges
51GHow is a general charge determined?
51HWhat must a resolution levying a general charge state?
51INotice of general charge
51JVariation or revocation of resolution levying general charge
51KGeneral development charge not to apply to existing development
51LGeneral charges on non-rateable land
Subdivision 3—Infrastructure recovery charges
51MInfrastructure recovery charge
51NInfrastructure recovery charge to be based on development value
51OCap on infrastructure recovery charge
51PWhat must a resolution levying an infrastructure recovery charge state?
51QNotice of infrastructure recovery charge
51RVariation or revocation of resolution levying infrastructure recovery charge
51SInfrastructure recovery charge not to apply to existing development
51TInfrastructure recovery charge not payable if earlier charge paid
51UInfrastructure recovery charge not payable in respect of public land
Subdivision 4—Recovery of charges
51VStatement of general charge (other than general development charge)
51WStatement of general development charge
51XStatement of infrastructure recovery charge
51YDevelopment Victoria may enter agreements for payment of charges under this Division
51ZWaiver of charges
51ZADevelopment Victoria must give notice of charge to council or building surveyor
51ZBRemoval of liability for other charges
51ZCDevelopment Victoria may charge interest on unpaid charges
51ZDUnpaid charges may be recovered as a debt
51ZECharges to be paid into Project Fund
51ZFRefund of certain charges by Development Victoria
Subdivision 5—Objections
51ZGMaking an objection to a general charge
51ZHMaking an objection to an infrastructure recovery charge
51ZIGrounds for objection
51ZJWhat must an objection contain?
51ZKDetermination of objection not involving assessment of development value
51ZLDetermination of objection involving disputed assessment of development value
51ZMDispute resolution procedure
51ZNDetermination of Development Victoria after dispute resolution conference
Subdivision 6—Reviews and appeals
51ZOApplication to VCAT for review
51ZPAppeal to Supreme Court
51ZQGrounds of review or appeal
51ZRPowers on review or appeal
51ZSCosts
Division 6—Other powers
52Exemption from duty, rates, taxes or charges
53Transport facilities
54Closing roads
55Administration of Building Act 1993
56Negotiation bonds
Part 3A—Transfer of designated projects to Development Victoria
56ADefinitions
56BMinisters may designate project
56CMinisters may fix relevant date
56DDevelopment Victoria and nominated agency to prepare allocation statement or statements
56ECertificate of nominated agency
56FProperty and powers transferred to Development Victoria
56GAllocation of property etc. subject to encumbrances
56HSubstitution of party to agreement
56INominated agency instruments
56JProceedings
56KInterests in land
56LAction by Registrar of Titles
56MTaxes
56NEvidence
56ODesignated projects that are nominated projects under the Project Development and Construction Management Act 1994
56PValidity of things done under this Part
Part 4—Corporate plan
57Corporate Plan
58Statement of corporate intent—contents
59Corporate plan to be followed
60Nothing void merely because of non-compliance
61Board to give notice of significant events
Part 5—Financial provisions
62General Fund
63Project Fund
64Borrowing and investment by Development Victoria
65Capital
66Dividends
67Exceptions from sections 88 and 88B of State Owned Enterprises Act 1992
Part 6—Reports by Development Victoria
68Reports to Minister or Treasurer
69Annual report
Part 7—General
Division 1—Confidentiality
70This Division binds the Crown
71Improper use of information
72Information to be confidential
73Who is connected with Development Victoria?
Division 2—Evidence and legal proceedings
74Proceedings
75Evidence
76Service of documents
77Other laws not affected
Division 3—Duties of Registrar
78Action by Registrar of Titles
Division 4—Regulations
79Regulations
Part 8—Savings and transitional provisions
80Definitions
81Transitional—Victorian Urban Development Authority
82Action by Registrar of Titles
83Transitional—staff of the old Authority
84Transitional—superseded references
85Savings provision—corporate plan
Part 9—Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017—Savings and transitional provisions—establishment of Development Victoria
86Definitions
87Transitional provision—Urban Renewal Authority Victoria
88Action by Registrar of Titles
89Transitional provision—staff of the old Authority
90Transitional provision—superseded references
91Savings provision—corporate plan
Part 10—Transitional provisions—transfer of nominated projects to Development Victoria
93Definitions
94Transfer of nominated projects to Development Victoria
95Vesting of property etc. subject to encumbrances
96Substitution of party to agreement
97Former agency instruments
98Proceedings
99Interests in land
100Action by Registrar of Titles
101Taxes
102Evidence
103Validity of things done under this Part
Schedule 1—Projects to be transferred to Development Victoria
═══════════════
Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 033
Development Victoria Act 2003
No. 59 of 2003
Version incorporating amendments as at
1 January 2020
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purpose
The main purpose of this Act is to establish Development Victoria for the following purposes—
(a)to carry out, manage or co-ordinate the carrying out of property development and social and economic capital works projects that have the objective of optimising the social and economic value of—
(i)surplus and underutilised Crown land; and
(ii)other Crown land or public land;
(b)to provide technical and commercial advice in respect of property development and social and economic capital works projects referred to in paragraph (a) to Departments and public statutory bodies;
(c)to undertake new declared projects, and complete existing declared projects;
(d)to complete certain existing government and government agency projects;
(e)to complete the development of the Docklands area.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day to be proclaimed.
(2)If this Act does not come into operation on or before 1 July 2004, it comes into operation on that day.
3Definitions
In this Act—
* * * * *
board means the board of directors of Development Victoria;
buildingincludes—
(a)a structure and part of a building or a structure; and
(b)fences, walls, out-buildings, service installations and other appurtenances of a building; and
(c)a boat or a pontoon which is permanently moored or fixed to land;
declared project means a development or proposed development declared by a project order to be a project to which this Act applies;
Department has the same meaning as it has in the Public Administration Act 2004;
development includes—
(a)the construction or carrying out, extension, demolition or removal of a building or works;
(b)the decoration or alteration of the inside or outside of a building or the alteration of works;
(c)the subdivision or consolidation of land airspace or buildings;
(d)the installation or provision or operation of facilities or services;
(e)the relocation, deepening or widening of a waterway;
Development Victoria means the body corporate established under section 5;
docklands area has the same meaning as in the Docklands Act 1991;
holding and selling costs in relation to land in a project area means—
(a)any interest, administrative or other costs incurred by Development Victoria in or incidental to developing the land or selling it; and
(b)any proportion of the costs incurred by Development Victoria in promoting the whole or part of the project area, that is a proportion that Development Victoria determines after considering the comparative areas of the land sold and the land promoted;
instrumentincludes a document and an oral agreement;
landincludes—
(a)buildings and other structures permanently fixed to land; and
(b)land covered with water; and
(c)any estate, interest, easement, servitude, privilege or right in or over land;
liabilitiesmeans all liabilities, duties and obligations, whether actual, contingent or prospective;
limitationsin relation to land means trusts, reservations, restrictions, exceptions, encumbrances, limitations, rights, privileges, estates and interests;
project area means an area of land specified in a project order as the project area for the purposes of a declared project;
project order means an order under section 34;
propertymeans any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
public statutory body means a body established by or under an Act for a public purpose or a municipal council;
rightsmeans all rights, powers, privileges and immunities, whether actual, contingent or prospective;
roadincludes bridge, highway, street, lane, footway, bicycle path, pedestrian walkway, square, court, alley or right of way, whether accessible to the public generally or not;
social and economic capital works project includes a project for the development of—
(a)public facilities; or
(b)civic or open space infrastructure; or
(c)buildings and facilities to be used by government agencies or public statutory bodies;
staffmeans any person who is employed or engaged by Development Victoria under section 16;
* * * * *
works includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil and land reclamation and land decontamination.
3ATransport Integration Act 2010
This Act is interface legislation within the meaning of the Transport Integration Act 2010.
4Does Development Victoria represent the Crown?
Except as expressly provided—
(a)in section 6 of the Docklands Act 1991; or
(b)in section 36 of this Act—
Development Victoria does not represent the Crown.
Part 2—Development Victoria
Division 1—Establishment
5Establishment
(1)There is established an authority by the name of "Development Victoria".
(2)Development Victoria—
(a)is a body corporate with perpetual succession;
(b)has an official seal;
(c)may sue and be sued;
(d)may acquire, hold and dispose of real and personal property;
(e)may do and suffer all acts and things that a body corporate may by law do and suffer.
(3)All courts must take judicial notice of the seal of Development Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
(4)The official seal of Development Victoria must be kept in such custody as Development Victoria directs and must not be used except as authorised by Development Victoria.
* * * * *
Division 2—Functions and powers
7Functions
(1)The functions of Development Victoria are the following—
(a)if requested to do so by the Minister, to carry out or manage or co-ordinate the carrying out of property development and social and economic capital works projects;
(b)if requested to do so by the Minister, to purchase, consolidate, take on, transfer or otherwise acquire or dispose of land or interests in land for the purpose of carrying out, or managing or co-ordinating the carrying out of property development and social and economic capital works projects;
(c)if requested to do so by the Minister, to carry out property development and social and economic capital works projects in partnership or to enter into arrangements or agreements for the delivery of property development and social and economic capital works projects;
(d)if requested to do so by the Minister, to provide advisory services in relation to property development and social and economic capital works projects and activities to government agencies;
(e)to develop or manage the development of declared projects;
(f)any other functions conferred on Development Victoria by this Act;
(g)the functions conferred on Development Victoria by the Docklands Act 1991;
(h)any functions conferred on Development Victoria by any other Act.
(1A)In carrying out, or managing the carrying out of, property development or social and economic capital works projects, Development Victoria must—
(a)ensure property development and social and economic capital works projects and activities are carried out in accordance with government policies and strategies, including—
(i)urban development policies and strategies; and
(ii)policies and strategies relating to housing affordability and housing diversity; and
(b)promote best practice in property development and social and economic capital works projects and activities.
(2)The functions of Development Victoria under this Act are to be carried out using commercial disciplines.
8Powers of Development Victoria
(1)Development Victoria may—
(a)purchase, take on transfer or otherwise acquire or dispose of real or personal property, and may dispose of any such property acquired by it;
(b)enter into contracts, agreements, leases and licences for the carrying out of its functions;
(c)act as agent of another person.
(2)In addition to the powers in subsection (1), Development Victoria has—
(a)the powers conferred on Development Victoria by the Docklands Act 1991;
(b)the power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions.
9Development Victoria subject to the direction and control of the Minister
(1)Development Victoria is subject to the general direction and control of the Minister.
(2)Development Victoria is subject to any specific direction given to it by the Minister with the approval of the Treasurer.
(3)An agreement or arrangement or contract entered into under this Act in contravention of subsection (2) is not void only because of that contravention.
(4)Without limiting subsection (1) or (2), a direction under subsection (1) or (2) may relate to a specific property development or social and economic capital works project.
10Non-commercial functions
(1)Despite section 7(2), the Minister, with the approval of the Treasurer, may direct the board—
(a)to perform certain functions that the Minister considers to be in the public interest but may cause Development Victoria to suffer financial detriment; or
(b)to cease to perform functions of a kind referred to in paragraph (a); or
(c)to cease to perform certain functions that the Minister considers not to be in the public interest.
(2)The board must comply with a direction given under subsection (1).
(3)The reference in this section to suffering financial detriment includes a reference to incurring net costs that are greater than would have been incurred if the direction were not complied with.
11Delegation
(1)Subject to subsection (2), Development Victoria may by instrument delegate all or any of its functions, powers or duties under this Act or the Docklands Act 1991 or any other Act or under an agreement made under this Act or the Docklands Act 1991 to—
(a)the chairperson of Development Victoria; or
(b)a director or group of directors of Development Victoria; or
(c)a member of staff of Development Victoria (by name or as the holder of a named position); or
(d)with the Minister's consent, any other person, by name or as the holder of a named position.
(2)Subsection (1) does not apply to—
(a)the power of delegation conferred on Development Victoria by this section;
(b)the power conferred on Development Victoria under section 51F of this Act;
(c)the powers conferred on Development Victoria under sections 25 and 54 of the Docklands Act 1991.
12Development Victoria may enter into joint ventures etc.
(1)Without limiting the generality of the powers referred to in section 8, Development Victoria may do all or any of the following—
(a)form, or participate in the formation of, a corporation, trust, partnership or other body;
(b)subscribe for, or otherwise acquire, and hold and dispose of shares in, or debentures or other securities of, a corporation;
(c)subscribe for, or otherwise acquire, and hold and dispose of, units in a trust;
(d)act as a trustee;
(e)acquire and hold and dispose of an interest in a partnership or other body;
(f)enter into any contract or arrangement with a person for the sharing of profits, union of interest, co-operation, joint venture, reciprocal concessions or otherwise.
(2)If the total investment involved in an activity authorised under subsection (1) exceeds $5 000 000 Development Victoria must obtain the approval of the Minister and the Treasurer.
13Reciprocal arrangements with public sector agencies
(1)With the consent of the Minister, Development Victoria may enter into an agreement or arrangement with a Minister, government department or public statutory body ("Public Sector Agency") concerning—
(a)the carrying out by Development Victoria and the Public Sector Agency of any of their respective functions or powers; or
(b)the carrying out or providing by Development Victoria for the Public Sector Agency, or by the Public Sector Agency for Development Victoria of any works or services; or
(c)the use or joint use by Development Victoria and the Public Sector Agency of their respective facilities or the services of their respective staff; or
(d)the allocating of funds collected under the agreement or arrangement.
(2)If Development Victoria proposes to enter into an agreement or arrangement providing for the allocation of funds to be collected under the agreement or arrangement, the Minister must consult the Treasurer about the proposal before making any recommendation under subsection (1).
14Grant of land to Development Victoria
(1)The Governor in Council, on the recommendation of the Minister, the Treasurer and the Minister for the time being administering section 12 of the Land Act 1958, may grant any unalienated land of the Crown to Development Victoria subject to any conditions, reservations and exceptions that the Governor in Council thinks fit.
(2)If Development Victoria sells any land granted to it under subsection (1), the net proceeds of the sale of the land less any administrative costs, interest and other amounts expended by Development Victoria for or in relation to the development and sale of the land must be paid to the Consolidated Fund.
(3)Despite subsection (2), the Governor in Council, on the recommendation of the Minister and the Treasurer, may authorise Development Victoria to pay into the General Fund an amount determined by the Governor in Council, being a portion of the net proceeds of the sale of any land granted to Development Victoria under subsection (1).
15Approval required for acquisition of private land
(1)Despite section 8, Development Victoria must obtain the approval of the Minister and the Treasurer before purchasing, taking on transfer or otherwise acquiring land if the value of the land exceeds $5 000 000.
(2)This section does not apply to land—
(a)acquired under the Docklands Act 1991; or
(b)acquired under Part 3 of this Act; or
(c)owned by the Crown, a public statutory body, a municipal council or the Commonwealth.
16Staff
(1)Development Victoria may—
(a)employ people; or
(b)enter into agreements or arrangements for Development Victoria to make use of the services of people—
on terms and conditions (including payment for services) determined by Development Victoria.
(2)Development Victoria may, in accordance with those terms and conditions, terminate any employment, engagement, agreement or arrangement under subsection (1).
(3)A person is not subject to the Public Administration Act 2004 in respect of the person's employment or engagement by Development Victoria under subsection (1).
(4)Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.
(5)A person who at the time of appointment as a director of Development Victoria or a member of its staff was an officer within the meaning of the State Superannuation Act 1988 continues, subject to that Act, to be an officer within the meaning of that Act.
Division 3—The board
17The board
(1)There shall be a board of directors of Development Victoria.
(2)The board—
(a)is responsible for the management of the affairs of Development Victoria; and
(b)may exercise the powers of Development Victoria.
18Constitution of the board
The board shall consist of—
(a)a chairperson;
(b)a deputy chairperson;
(c)no more than 7 other directors.
19Appointment of directors
(1)The chairperson, deputy chairperson and other directors of Development Victoria shall be appointed by the Governor in Council on the recommendation of the Minister.
(2)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a director of Development Victoria in respect of the office of director.
19AEligibility criteria for appointment of directors
When recommending persons to be directors of Development Victoria, the Minister must ensure as far as is practicable that collectively the directors have skills, experience or knowledge relating to—
(a)the funding and delivery of infrastructure; and
(b)property and land development; and
(c)urban planning; and
(d)economics and financial management; and
(e)public administration; and
(f)corporate governance; and
(g)housing delivery, supply and affordability; and
(h)law, particularly commercial law; and
(i)public policy.
20Terms and conditions of appointment
(1)A director of Development Victoria shall be appointed for such term, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment.
(2)A director of Development Victoria holds office, subject to this Act, on such terms and conditions as are determined by the Minister.
(3)The Governor in Council may at any time remove a director from office.
21Acting appointments
(1)When—
(a)the office of chairperson of the board is vacant; or
(b)the chairperson of the board is absent from Victoria or is, for any reason, unable to attend meetings of the board or otherwise unable to perform the duties of the office—
the deputy chairperson of the board must act as chairperson.
(2)While the deputy chairperson of the board is acting as chairperson, the deputy chairperson has and may exercise all the powers and must perform all the duties of the chairperson.
(3)The Minister may appoint a director of Development Victoria to act as deputy chairperson of the board—
(a)during a vacancy in the office of deputy chairperson; or
(b)during any period, or during all periods, when the deputy chairperson is acting as chairperson or is unable, for any reason, to attend meetings of the board.
(4)The Minister may appoint a person to act as a director (other than the chairperson or deputy chairperson) of Development Victoria—
(a)during a vacancy in the office of such a director; or
(b)during any period, or during all periods, when such a director is acting as deputy chairperson or is unable, for any reason, to attend meetings of the board.
22Chief executive
(1)The board, with the approval of the Minister, may appoint a person as the chief executive of Development Victoria.
(2)The chief executive of Development Victoria must not be a director of Development Victoria.
(3)The chief executive of Development Victoria holds office on such terms and conditions as are determined by the board with the approval of the Minister.
(4)The board, with the consent of the Minister, may remove the chief executive of Development Victoria from office.
23Vacancies, resignations, removal from office
(1)The office of a director of Development Victoria becomes vacant if the director—
(a)without the board's approval, fails to attend 3 consecutive meetings of the board; or
(b)becomes an insolvent under administration; or
(c)is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence.
(2)A director of Development Victoria may resign by writing delivered to the Minister.
(3)If a director of Development Victoria—
(a)is convicted of an offence relating to his or her duties as a director; or
(b)fails, without reasonable excuse, to comply with section 29—
the director must be removed from office by the Governor in Council.
24Validity of decisions
(1)An act or decision of the board is not invalid merely because of—
(a)a defect or irregularity in, or in connection with, the appointment of a director of Development Victoria; or
(b)a vacancy in the membership of the board, including a vacancy arising from the failure to appoint an original director.
(2)Anything done by or in relation to a person purporting to act as chairperson, deputy chairperson or as a director is not invalid merely because—
(a)the occasion for the appointment had not arisen; or
(b)there was a defect or irregularity in relation to the appointment; or
(c)the appointment had ceased to have effect; or
(d)the occasion for the person to act had not arisen or had ceased.
25Proceedings of the board
(1)Subject to subsection (2), meetings of the board shall be held at such times and places as the board determines.
(2)The chairperson of Development Victoria may at any time convene a meeting but must do so when requested by a director of Development Victoria.
(3)A majority of the directors for the time being of Development Victoria constitute a quorum of the board.
(4)A question arising at a meeting of the board shall be determined by a majority of votes of directors of Development Victoria present and voting on that question and, if voting is equal, the person presiding has a casting, as well as a deliberative, vote.
(5)The board must ensure that minutes are kept of each of its meetings.
(6)Subject to this Act, the board may regulate its own proceedings.
26Sub-committees
(1)The board may establish sub-committees, whether of its directors or not.
(2)The board may determine the functions, membership and procedure of a sub-committee, determine the terms of appointment of its members and dissolve a sub-committee.
27Participation in meetings by telephone etc.
(1)Development Victoria may permit its directors to participate in a particular meeting, or all meetings by—
(a)telephone; or
(b)closed-circuit television; or
(c)any other means of communication.
(2)A director who participates in a meeting under a permission under subsection (1) is deemed to be present at the meeting.
28Resolutions without meetings
(1)If—
(a)Development Victoria has taken reasonable steps to give notice to each director setting out the terms of a proposed resolution; and
(b)a majority of directors for the time being of the board sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—
a resolution in those terms is deemed to have been passed at a meeting of the board held on the day on which the document is signed or, if the directors referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those directors signs the document.
(2)For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more directors, are deemed to constitute one document.
(3)If a resolution is deemed by this section to have been passed at a meeting of the board, each director must as soon as practicable be advised of the matter and given a copy of the resolution.
(4)The majority of directors referred to in subsection (1)(b) must not include a director who, because of section 29, is not entitled to vote on the resolution.
29Disclosure of interests
(1)If—
(a)a director of Development Victoria has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and
(b)the interest could conflict with the proper performance of the director's duties in relation to the consideration of the matter—
the director, as soon as practicable after the relevant facts come to the director's knowledge, must disclose the nature of the interest at a meeting of the board.
(2)A disclosure under subsection (1) must be recorded in the minutes of the meeting and, unless the Minister or the board otherwise determines, the director—
(a)must not be present during any deliberation of the board in relation to the matter; and
(b)must not take part in any decision of the board in relation to the matter.
(3)For the purpose of the making of a determination by the board under subsection (2) in relation to a director who has made a disclosure under subsection (1), a director who has a direct or indirect pecuniary interest in the matter to which the disclosure relates—
(a)must not be present during any deliberation of the board for the purpose of making the determination; and
(b)must not take part in the making by the board of the determination.
(4)Subsections (1) and (2) do not apply in relation to a matter relating to the supply of goods and services to the director if the goods or services are, or are to be, available to members of the public on the same terms and conditions.
30Duties of directors
(1)A director of Development Victoria must at all times act honestly in the performance of the functions of his or her office.
(2)A director of Development Victoria must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions.
(3)A director, or former director, of Development Victoria must not make improper use of information acquired by virtue of his or her position as a director to gain, directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to Development Victoria.
(4)A director of Development Victoria must not make improper use of his or her position as a director to gain, directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to Development Victoria.
(5)This section has effect in addition to, and not in derogation of, this Act or any other Act or law relating to the criminal or civil liability of a member of the governing body of a corporation and does not prevent the institution of any criminal or civil proceedings in respect of such a liability.
31Development Victoria or Minister may bring proceedings
If a person contravenes section 30 in relation to Development Victoria, Development Victoria or the Minister, in the name of Development Victoria, may recover from the person as a debt due to Development Victoria by action in a court of competent jurisdiction either or both of the following—
(a)if that person, or any other person, made a profit as a result of the contravention, an amount equal to that profit;
(b)if Development Victoria has suffered loss or damage as a result of the contravention, an amount equal to that loss or damage.
32Development Victoria not to make loans to directors
(1)The powers of Development Victoria do not include a power, whether directly or indirectly—
(a)to make a loan to a director of Development Victoria, a spouse of such a director, or a relative (as defined in the Corporations Act) of such a director or spouse; or
(b)to give a guarantee or provide security in connection with a loan made or to be made by another person to a director, spouse or relative referred to in paragraph (a).
(2)Nothing in subsection (1) prohibits Development Victoria entering into an agreement or arrangement with a person referred to in subsection (1) if similar agreements or arrangements are entered into by Development Victoria with members of the public on the same terms and conditions.
33Limitations on indemnity
(1)The powers of Development Victoria do not include a power to exempt, whether directly or indirectly, a director of Development Victoria from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director of Development Victoria against, any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or breach of trust of which the director may be guilty in relation to Development Victoria.
* * * * *
Part 3—Powers relating to declared projects
Division 1—Declared projects
34Project order
(1)The Governor in Council, on the recommendation of the Minister, may, by order published in the Government Gazette, declare a development or proposed development to be a project to which this Act applies.
(2)A project order must specify—
(a)the provisions of Divisions 2, 3, 4, 5, 5A and 6 which are to apply in relation to a declared project; and
(b)the area of land (whether by reference to a map or otherwise) which is to be the project area for the purposes of the declared project.
(3)The Minister must obtain the approval of the Treasurer before making a recommendation under this section.
(4)In determining whether to make a recommendation under this section, the Minister must have regard to—
(a)the functions and powers of Development Victoria; and
(b)the current corporate plan of Development Victoria.
(5)This Part does not apply to the docklands area.
35Application of Act
(1)A provision of Division 2, 3, 4, 5, 5A or 6 does not apply to a declared project unless that provision is specified in the project order relating to the project.
(2)A function or power conferred on a Minister or Development Victoria by a project order is additional to and does not derogate from any other function or power of the Minister or Development Victoria under this Act or the Docklands Act 1991 or any other Act or law.
36Development Victoria represents the Crown in relation to project
In undertaking and managing a declared project under this Part, Development Victoria represents the Crown.
37Development Victoria to surrender land
If land in a project area is vested in Development Victoria immediately before the project order is made, Development Victoria must, without delay, surrender the land to the Crown.
38This Part binds the Crown
This Part binds the Crown.
Division 2—Obtaining land
39Surrender or divesting of land of other bodies
(1)The Governor in Council, by Order published in the Government Gazette, may—
(a)require a public statutory body in which land in the project area is vested to surrender part or all of the land to the Crown; or
(b)divest land in the project area from a public statutory body—
for the purposes of a declared project.
(2)A public statutory body must comply with a requirement under subsection (1)(a).
(3)On—
(a)the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of land that a public statutory body is required to surrender under subsection (1)(a); or
(b)the publication in the Government Gazette of an Order under subsection (1)(b)—
the land concerned is deemed to be unalienated land of the Crown and, subject to subsection (4), is freed and discharged from all limitations.
(4)The divesting or surrender of land under this section does not affect any reservation of the land under the Crown Land (Reserves) Act 1978.
(5)A power may only be exercised under subsection (1) on the joint recommendation of the Minister and the Minister administering the Act under which the public statutory body is created.
40Grant of land to Development Victoria
(1)The Governor in Council, on behalf of the Crown, may grant to Development Victoria for an estate in fee simple—
(a)land divested or surrendered under this Part; or
(b)any other land in the project area that is or is deemed to be unalienated land of the Crown and is not reserved under the Crown Land (Reserves) Act 1978.
(2)As a condition of granting land to Development Victoria, the Minister may require it to agree to pay into the Consolidated Fund or, if the land was surrendered by or divested from a public statutory body, to that body, the net proceeds of any sale of that land by Development Victoria, less any holding and selling costs.
(3)The payment referred to in subsection (2) must be made at the times or over the period determined by the Minister.
(4)The grant—
(a)if it is of land covered with waters of the sea, must be limited to a depth of 60 metres below high water mark; and
(b)if it is for other land, must be limited to a depth of 60 metres below the surface of the land; and
(c)may contain any other terms, covenants, conditions or limitations that the Governor in Council determines.
(5)Land may be granted to Development Victoria with or without consideration being given by Development Victoria.
(6)Sections 339A and 339B of the Land Act 1958 apply to a grant of land under this section as if it were a grant of land in fee simple under that Act.
40APortion of net proceeds of sale of granted land payable into General Fund
Despite section 40(2) and (3), the Governor in Council, on the recommendation of the Minster, the Treasurer and the Minister administering section 12 of the Land Act 1958, may authorise Development Victoria to pay into the Project Fund an amount determined by the Governor in Council, being a portion of the net proceeds of the sale of any land granted to Development Victoria under section 40(1).
41Acquisition by agreement
(1)For the purposes of a declared project, Development Victoria may acquire by agreement an interest in land on any terms (including consideration) that Development Victoria considers appropriate.
(2)Any interest in land acquired by Development Victoria under this section vests in the Crown and is deemed to be unalienated land of the Crown.
(3)Development Victoria must obtain the approval of the Minister and the Treasurer to an acquisition under this section if the value of the interest to be acquired exceeds $5 000 000.
42Compulsory acquisition of land
(1)For the purposes of a declared project, Development Victoria, with the approval of the Minister administering the Planning and Environment Act 1987, may acquire an interest in land by compulsory process.
(2)The Land Acquisition and Compensation Act 1986 applies to subsection (1) and for that purpose—
(a)subsection (1) is the special Act; and
(b)Development Victoria is the Authority.
(3)In determining the amount of compensation to be paid for the compulsory acquisition of land by Development Victoria, no allowance is to be made for any decrease or increase in the value of the land attributable to the declared project.
(4)Any interest in land acquired by Development Victoria under this section—
(a)vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that section; and
(b)is deemed to be unalienated land of the Crown.
(5)Development Victoria must obtain the approval of the Minister and the Treasurer to an acquisition under this section if the value of the interest to be acquired exceeds $5 000 000.
Division 3—Compensation for surrendered or divested land
43Right to compensation on surrender or divesting
(1)Subject to this Act and the Land Acquisition and Compensation Act 1986, every person (other than a public statutory body) who immediately before the publication of an order under section 39 had a legal or equitable estate or interest in land to which the order applies, has a claim for compensation.
(2)The Land Acquisition and Compensation Act 1986 (except sections 31 to 36) applies to the determination of compensation payable under this section as if the publication of the order were a notice of acquisition of that estate or interest or right and the Minister had acquired that estate or interest or right on behalf of the Crown.
(3)In determining the amount of compensation to be paid under this section, no allowance is to be made for the enhancement of the value of the land attributable to any action of Development Victoria.
Division 4—Activities on land
44Land management and use
(1)This section applies to land in the project area that is—
(a)Crown land; or
(b)land owned by Development Victoria.
(2)Development Victoria may—
(a)grant leases or licences over land to which this section applies; or
(b)exercise any of its other functions or powers over land to which this section applies.
(3)A lease or licence granted by Development Victoria over Crown land must be consistent with any reservation of the land.
(4)Development Victoria may grant an easement or privilege over land owned by Development Victoria.
45Revocation of permanent and temporary reservations
(1)Subject to subsection (3), the Governor in Council, on the recommendation of the Minister and the Minister administering the Crown Land (Reserves) Act 1978, may by Order published in the Government Gazette declare that the temporary or permanent reservation under that Act of land which is in the project area and which is described in the Order is revoked.
(2)On the publication in the Government Gazette of an Order under subsection (1)—
(a)any Order in Council reserving the land and any appointment of a committee of management for the land are revoked; and
(b)unless the Order otherwise provides, the land is, despite any Act or law to the contrary, deemed to be unalienated land of the Crown, freed and discharged from all limitations; and
(c)if the Order states that this paragraph applies, any Crown grant of that land made before the date of publication of the Order, and any other title document deriving from the grant is, and must be taken always to have been, as valid and effective as if the reservation of that land had been revoked before the grant was made.
(3)This section does not apply to land reserved under paragraph (k), (l), (m), (n), (o), (t), (v), (w), (x), (zb), (zd), (ze) or (zf) of section 4 of the Crown Land (Reserves) Act 1978.
46Power to enter land
(1)Development Victoria may, by instrument, authorise a person to enter land in the project area for the purposes of this section.
(2)Development Victoria must issue an identity card to each person authorised under this section.
(3)An identity card must contain a photograph of the person to whom it is issued.
(4)A person authorised by Development Victoria under this section may enter land in the project area for the purpose of—
(a)carrying out surveys or investigations connected with the development of the project area; or
(b)doing on Development Victoria's behalf anything Development Victoria is authorised to do on that land in carrying out its functions or powers in relation to the project area.
(5)Development Victoria must give 7 days notice in writing to the occupier of the land to be entered before entry occurs.
(6)A notice under subsection (5) must—
(a)contain the reasons for entering the land; and
(b)reproduce this section.
(7)A person may enter land under this section earlier than the expiration of 7 days if the occupier consents to the entry.
(8)Development Victoria need not give notice in writing under this section in an emergency.
(9)A person must not under this section enter land used primarily for residential purposes except between 7.30 a.m. and 6.00 p.m. unless the occupier consents to the entry.
(10)In exercising a power under subsection (4), a person must—
(a)identify himself or herself by producing the identity card issued to that person under this section;
(b)cause as little harm and inconvenience as possible;
(c)not stay on the land for any longer than it is reasonably necessary;
(d)remove from the land anything brought on to the land by the person in the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there;
(e)leave the land as nearly as possible in the condition in which he or she found it.
Division 5—Disposing of and other dealings with land
47Development Victoria may surrender land to the Crown
(1)Development Victoria is an authority for the purposes of section 22A of the Land Act 1958 in relation to land in the project area.
(2)The powers to surrender land or to agree to the transfer or exchange of land conferred on Development Victoria by section 22A of the Land Act 1958 as applied by this section are in addition to and do not derogate from any of Development Victoria's other functions or powers and any other provisions of this Part.
48Disposing of land
Development Victoria may dispose of its interest in fee simple in any land in the project area on any terms (including consideration) that it considers appropriate.
49Agreements that run with the land
(1)Development Victoria may enter into an agreement with—
(a)an owner of land in the project area; or
(b)any person in anticipation of that person becoming an owner of land in the project area—
concerning the use or development of the land.
(2)Division 2 of Part 9 of the Planning and Environment Act 1987 applies to an agreement under subsection (1) as if—
(a)it were an agreement under that Division;
(b)it referred to Development Victoria instead of the responsible authority for the planning scheme;
(c)section 174(2)(c) were omitted.
* * * * *
(3)Development Victoria must consult with the municipal district in which the land is located before entering into an agreement under subsection (1) concerning the use or development of that land.
Division 5A—Charges
Subdivision 1—Introductory
50Definitions
(1)In this Division—
* * * * *
building permit has the same meaning as in the Building Act 1993;
building work has the same meaning as in the Building Act 1993;
combined development means—
(a)a subdivision of land (other than a subdivision that is exempt development under section 51A); and
(b)building work on that land for which a building permit is required (other than building work that is exempt development under section 51A)—
where the subdivision and the construction of the buildings to which the building work relates are authorised by the same planning permit;
compliance request means a request to a municipal council for the issue of a statement of compliance under section 21 of the Subdivision Act 1988;
construction has the same meaning as in the Building Act 1993;
cost of building work means the cost of building work on which the building permit levy is calculated under Subdivision 4 of Division 2 of Part 12 of the Building Act 1993;
date of development means—
(a)in the case of a stand-alone subdivision, the date that the compliance request is made to a municipal council in relation to the plan of subdivision; and
(b)in the case of stand-alone building work, the date of the application for the building permit to carry out the building work; and
(c)in the case of a combined development, the date that is the same as both of, or the earlier of, the following dates—
(i)the date that the compliance request is made to a municipal council in relation to the plan of subdivision for the development;
(ii)the date of the application for a building permit to carry out the building work for the development;
development has the meaning set out in section 51;
development value has the meaning set out in section 51C;
dwelling has the same meaning as in section 46H of the Planning and Environment Act 1987;
general charge means a charge levied under section 51F;
general development charge means a general charge that is payable when a property is developed;
infrastructure recovery charge means a charge levied under section 51M;
nominated valuer means a valuer nominated by the valuer-general under section 51E;
planning permit means a permit within the meaning of the Planning and Environment Act 1987;
public investment means investment by—
(a)the State; or
(b)a public statutory body other than a municipal council; or
(c)a municipal council under an arrangement with a public statutory body;
public land means—
(a)Crown land; or
(b)land owned by or vested in a public statutory body; or
(c)land held on trust for a public or municipal purpose by trustees appointed under an Act;
qualified valuer means a person who holds the qualifications or experience specified from time to time under section 13DA(2) of the Valuation of Land Act 1960;
site value has the same meaning as in the Valuation of Land Act 1960;
stand-alone building work means building work for which a building permit is required that—
(a)is not part of a combined development; and
(b)is not exempt development under section 51A;
stand-alone subdivision means a subdivision of land that—
(a)is not part of a combined development; and
(b)is not exempt development under section 51A;
valuer-general has the same meaning as in the Valuation of Land Act 1960;
Victorian Building Authority means the Victorian Building Authority established under Part 12 of the Building Act 1993.
(2)In this Division a reference to a subdivision of land is, in the case of a staged subdivision (within the meaning of the Subdivision Act 1988), to be read as a reference to a stage of the subdivision.
51What is development?
For the purposes of this Division development means—
(a)a stand-alone subdivision; or
(b)stand-alone building work; or
(c)a combined development.
51AWhich subdivisions and building work are exempt development?
(1)The following classes of subdivision of land are exempt development under this Division—
(a)except as provided in subsection (3), a subdivision of land into not more than 2 lots; or
(b)a subdivision of land that involves an alteration to the boundaries of the lots on an existing plan of subdivision but does not increase the number of lots above the number of lots on that existing plan of subdivision; or
(c)a subdivision of an existing building into lots or lots and common property; or
(d)a subdivision of land where an existing building is situated on each lot to be created by the subdivision.
(2)The following classes of building work are exempt development under this Division—
(a)the construction of up to 2 dwellings on a lot;
(b)the construction of the following buildings when they are ancillary to a dwelling—
(i)a garage, carport or shed or similar non‑habitable building;
(ii)a fence, mast, antenna, retaining or free-standing wall, swimming pool, spa or similar structure;
(c)the carrying out of protection work within the meaning of the Building Act 1993;
(d)except as provided in subsection (4), any other building work if the total cost of the building work does not exceed the threshold amount.
(3)A subdivision of land is not exempted under subsection (1)(a) if the land or any part of the land was the subject of a subdivision in the period of 3 years immediately preceding the date of development for the subdivision.
(4)Building work is not exempted under subsection (2)(d) if the cost of the building work together with the total cost of all other building work carried out on the same land in the period of 3 years immediately preceding the date of development for the building work exceeds the threshold amount.
(5)A period of 3 years referred to in subsection (3) or (4) does not include any period preceding the coming into effect of a resolution under Subdivision 2 or 3 in respect of the project area in which the land referred to in that subsection is situated.
(6)In this section—
existing building means a building where the date of practical completion of the building occurred before the coming into effect of a resolution under Subdivision 2 or 3 in respect of the project area in which the land on which the building is constructed is situated but does not include—
(a)a garage, carport or shed or a similar building; or
(b)a fence, mast, antenna, retaining or free-standing wall, swimming pool, spa or similar structure;
threshold amount means the amount of $250 000 as varied under section 51B.
51BIndexation of threshold amount
(1)The amount that is to apply for the purposes of section 51A is to be varied, in respect of the financial year beginning on 1 July 2007 and each subsequent financial year, in accordance with the formula—
where—
"A"is the amount referred to in the definition of threshold amount in section 51A(6).
"B"is the all groups consumer price index for Melbourne in original terms for the most recent reference period in the preceding calendar year last published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made.
"C"is the all groups consumer price index for Melbourne in original terms for the corresponding reference period one year earlier than the reference period referred to in B last published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made."
(2)If it is necessary for the purposes of this section to calculate an amount that consists of or includes a fraction of a whole number, the amount is deemed to have been calculated in accordance with this section if the calculation is made—
(a)if the amount is less than $1000, to the nearest whole $1; or
(b)if the amount is $1000 or more, to the nearest whole $10.
(3)If an amount is varied in accordance with this section, section 51A and this section have effect as if a reference to the amount were a reference to the amount as so varied.
(4)If the variation of an amount to which this section applies by operation of this section has the effect of reducing the amount—
(a)the variation is deemed not to have taken effect, except for the purposes of the application of this subsection; and
(b)when the amount is varied and increased by operation of this section in respect of the next or a subsequent financial year that variation has effect as an increase only to the extent (if any) to which the amount of the increase exceeds the amount of the reduction in respect of a preceding financial year, or that part of such a reduction that has not been set off against a previous increase.
(5)The Minister must cause a notice to be published in the Government Gazette specifying the amount as varied for the purposes of section 51A in respect of the relevant financial year.
51CWhat is development value?
(1)In this Division development value, in respect of a development that is a stand-alone subdivision or a combined development, means the amount that is the sum of the following amounts—
(a)the amount that is the estimated site value of the land that is to be subdivided; and
(b)subject to section 51D(3), the amount that is the estimated cost of building work calculated in accordance with section 51D(2).
(2)In this Division development value in respect of a development that is stand-alone building work means the total of the following amounts—
(a)the site value of the land to be used for the development; and
(b)the amount that is the cost of building work for the development.
(3)Despite subsection (1), if an infrastructure recovery charge has previously been paid under this Division in respect of stand-alone building work on land, development value for the purposes of this Division for a subsequent development of that land that is a stand-alone subdivision is to be the amount that is the difference between the following amounts—
(a)the site value of the land that is to be subdivided; and
(b)the amount that is the estimated site value of the land that is to be subdivided.
(4)Despite subsection (2), if a general development charge or an infrastructure recovery charge has previously been paid under this Division in respect of land, development value for the purposes of this Division for a subsequent development of that land that is stand-alone building work is to be the amount that is the cost of the building work for the development.
51DHow is development value assessed?
(1)For the purposes of section 51C(1)(a) or 51C(3)(b), the estimate of the site value of land to be subdivided is to be based on current market values as at the date of development as if the subdivision of the land had already occurred at that date.
(2)For the purposes of section 51C(1)(b), the estimate of the cost of building work on the land is to be based on the estimated cost, as at the date of development, of—
(a)in the case of a stand-alone subdivision, the average buildings that could reasonably be expected to be constructed on that land to give effect to the purpose of the subdivision; and
(b)in the case of a combined development, the construction of the buildings authorised by the planning permit for the development.
(3)If, in the case of a combined development, the cost of building work for the development has been notified to Development Victoria under section 18A of the Building Act 1993 before the assessment of development value is made for the purposes of section 51X, development value for the purposes of section 51C(1)(b) is to be based on the cost of building work instead of the estimated cost of building work.
(4)Subject to subsection (5), the site value of land for the purposes of section 51C(2)(a) or 51C(3)(a) is the most recent site value of the land determined under the Valuation of Land Act 1960 for the purposes of the Local Government Act 1989 as at the date of development.
(5)If land to be used for the development forms part of one or more parcels of land to which section 13DC(6) or 13DC(7) of the Valuation of Land Act 1960 applies and not all the land in those parcels is to be used for the development, then for the purposes of section 51C(2)(a) or 51C(3)(a), the site value of the land to be used for the development is to be the estimated site value of the land as at the date of development, based on the most recent site value of all the land in the parcels determined under the Valuation of Land Act 1960 for the purposes of the Local Government Act 1989.
51ENominated valuer to make assessments
(1)Development Victoria may ask the valuer-general to nominate a qualified valuer to make an assessment of development value for the purposes of this Division.
(2)The valuer-general must comply with a request under subsection (1).
(3)The valuer-general may determine reasonable fees for the making of an assessment by a nominated valuer under this Division.
(4)Development Victoria must pay the fees for an assessment made by a nominated valuer under this Division.
(5)Section 3A of the Valuation of Land Act 1960 applies to a nominated valuer making an assessment under this Division as if—
(a)the valuer were appointed under that Act; and
(b)the making of an assessment of development value under this Division were the making of a valuation under that Act.
Subdivision 2—General charges
51FGeneral charges
(1)With the prior approval of the Governor in Council, Development Victoria may, by resolution, levy charges on the owners, occupiers or licensees of properties in the project area—
(a)for the supply of telecommunications or other services provided by or by agreement with Development Victoria; or
(b)for the promotion of the project area by Development Victoria; or
(c)for the maintenance or management by or by agreement with Development Victoria of areas or facilities for common use by groups of properties or uses in the project area; or
(d)for the provision by or by agreement with Development Victoria of the infrastructure necessary for development of the project area or any part of it.
(2)An approval under subsection (1) may only be given on the recommendation of the Minister made with the approval of the Treasurer.
51GHow is a general charge determined?
(1)General charges—
(a)may be different for different classes of properties;
(b)may vary according to—
(i)the value or size of land;
(ii)the distance of a property from the service or facility or a group of services or facilities;
(iii)the nature or extent of use of the service or facility;
(c)may include minimum charges or a scale of charges;
(d)need not relate directly to the cost of services or facilities provided;
(e)may be concessional charges.
(2)A general charge on a property that is levied on the owner of the property may be expressed to apply only when the property is developed.
Note
A general charge that applies only when a property is developed is called a general development charge in this Division.
51HWhat must a resolution levying a general charge state?
(1)A resolution levying a general charge (other than a general development charge) must state the following—
(a)what the charge is for;
(b)how long the charge has effect for;
(c)how the charge is calculated;
(d)when the charge is due and payable;
(e)on what properties the charge is levied;
(f)who must pay the charge.
(2)A resolution levying a general development charge must state the following—
(a)what the charge is for;
(b)how long the charge has effect for;
(c)how the charge is calculated;
(d)on what properties the charge is levied;
(e)that the charge is due and payable by the owner of a property before a statement of compliance is issued under section 21 of the Subdivision Act 1988 in respect of the development of the property or a building permit is issued in respect of the development of the property (as the case requires).
51INotice of general charge
(1)Development Victoria must cause a resolution levying a general charge to be published—
(a)in the Government Gazette; and
(b)in a newspaper circulating generally in the project area subject to the charge; and
(c)in a newspaper circulating generally throughout Victoria.
(2)A resolution levying a general charge has no effect until it is published in the Government Gazette.
(3)In addition to the notice required under subsection (1), Development Victoria must give notice of a resolution levying a general development charge to—
(a)the Victorian Building Authority; and
(b)each municipal council in the municipal district of which the project area is situated.
(4)A notice under subsection (3) must specify—
(a)the project area to which the resolution relates; and
(b)the period during which the resolution will have effect.
51JVariation or revocation of resolution levying general charge
(1)Development Victoria may by resolution vary or revoke any resolution made under this Subdivision.
(2)The procedure for varying or revoking a resolution under this Subdivision is the same as the procedure for making the resolution.
51KGeneral development charge not to apply to existing development
A general development charge is not payable in respect of a development if a planning permit or building permit was issued for the development before the publication of the resolution levying the charge.
51LGeneral charges on non-rateable land
For land that is not rateable under section 154 of the Local Government Act 1989 a charge may only be levied under section 51F(1)(a)—
(a)in respect of the use of works or services; and
(b)on the user of those works or services.
Subdivision 3—Infrastructure recovery charges
51MInfrastructure recovery charge
(1)With the prior approval of the Governor in Council, Development Victoria may, by resolution, levy charges on owners of properties in the project area.
(2)An approval under subsection (1) may only be given on the recommendation of the Minister made with the approval of the Treasurer.
(3)Before making a recommendation under subsection (2), the Minister must be satisfied that the total amount estimated to be received from the charges levied under the resolution on owners of properties in the project area will not exceed the estimated amount (determined by the Minister) of public investment incurred or to be incurred in the project area for the declared project on or after the date of the declaration of the project under section 34.
51NInfrastructure recovery charge to be based on development value
(1)An infrastructure recovery charge is to be based on a percentage of the development value of a development of a property.
(2)The resolution levying the charge must fix the percentage of development value to be used to calculate the charge.
(3)The resolution may—
(a)fix different percentages of development value in respect of different classes of development;
(b)vary the percentage of development value according to the distance of a property from a service or facility or a group of services or facilities;
(c)include a scale of percentages of development value that increases from year to year.
51OCap on infrastructure recovery charge
A percentage of development value specified in a resolution levying an infrastructure recovery charge must not exceed 10%.
51PWhat must a resolution levying an infrastructure recovery charge state?
(1)A resolution levying an infrastructure recovery charge must state the following—
(a)the period during which the charge will apply in relation to properties in the project area;
(b)the percentage or percentages or scale of percentages of development value to be used to calculate the charge;
(c)the estimated amount of public investment incurred or to be incurred in developing the project area as determined by the Minister under section 51M(3).
(2)The resolution must state that the charge is due and payable before a statement of compliance is issued under section 21 of the Subdivision Act 1988 in respect of the development or a building permit is issued in respect of the development (as the case requires).
51QNotice of infrastructure recovery charge
(1)Development Victoria must cause a resolution levying an infrastructure recovery charge to be published—
(a)in the Government Gazette; and
(b)in a newspaper circulating generally in the project area subject to the charge; and
(c)in a newspaper circulating generally throughout Victoria.
(2)A resolution levying an infrastructure recovery charge has no effect until it is published in the Government Gazette.
(3)Development Victoria must give notice of a resolution levying an infrastructure recovery charge to—
(a)the Victorian Building Authority; and
(b)each municipal council in the municipal district of which the project area is situated.
(4)A notice under subsection (3) must specify—
(a)the project area to which the resolution relates; and
(b)the period during which the resolution will have effect.
51RVariation or revocation of resolution levying infrastructure recovery charge
(1)Development Victoria may by resolution vary or revoke any resolution made under this Subdivision.
(2)The procedure for varying or revoking a resolution under subsection (1) is the same as the procedure for making the resolution.
(3)The Minister, with the approval of the Treasurer, may, by order published in the Government Gazette, revoke a resolution made under this Subdivision at any time.
(4)Without limiting subsection (3), an order under that subsection may revoke a resolution made under this Subdivision if the Minister is satisfied that the estimated amount (determined by the Minister under section 51M(3)) of public investment incurred or to be incurred in the project area subject to the resolution has been recovered under the resolution.
(5)An order revoking a resolution under subsection (3) comes into effect on the day that it is published in the Government Gazette or any later date specified in the order.
51SInfrastructure recovery charge not to apply to existing development
An infrastructure recovery charge is not payable in respect of a development if a planning permit or building permit was issued for the development before the publication of the resolution levying the charge.
51TInfrastructure recovery charge not payable if earlier charge paid
(1)An infrastructure recovery charge is not payable in respect of a development that is stand-alone building work if the development—
(a)is of a lot created by a subdivision of land in respect of which an infrastructure recovery charge has been paid; and
(b)is to give effect to the purpose of the subdivision as set out in the planning permit for the subdivision.
(2)An infrastructure recovery charge is not payable in respect of a development that is a stand-alone subdivision of land if an infrastructure recovery charge has been paid for stand-alone building work on that land more than 5 years before the date of development for the subdivision and no other subdivision of that land has been registered in that period.
51UInfrastructure recovery charge not payable in respect of public land
A property is not subject to an infrastructure recovery charge if the property is public land and the development is carried out by or on behalf of the Crown, a public statutory body or the trustees of the trust for the land.
Subdivision 4—Recovery of charges
51VStatement of general charge (other than general development charge)
(1)Development Victoria must send a statement of charge to any person that Development Victoria has determined is liable to pay a general charge (other than a general development charge).
(2)A statement of charge under this section must—
(a)be in writing; and
(b)set out the charge that is payable and the method used to calculate that charge; and
(c)set out the due date for payment of the charge; and
(d)include any other information required by the resolution levying the charge.
51WStatement of general development charge
(1)Development Victoria must send a statement of charge to any person that Development Victoria has determined is liable to pay a general development charge—
(a)in the case of a stand-alone subdivision, within 28 days after Development Victoria receives the notice under section 21(2A) of the Subdivision Act 1988 of the receipt of the compliance request for the plan of subdivision; and
(b)in the case of stand-alone building work, within 28 days after Development Victoria receives—
(i)the notice under section 18A of the Building Act 1993 of an application for a building permit for the development; or
(ii)the notice under section 32A of the Building Act 1993 of the issue of a building permit for the development—
whichever is the earlier; and
(c)in the case of a combined development, within 28 days after Development Victoria receives—
(i)the notice under section 21(2A) of the Subdivision Act 1988 of the receipt of the compliance request for the plan of subdivision; or
(ii)the notice under section 18A of the Building Act 1993 of an application for a building permit for the development; or
(iii)the notice under section 32A of the Building Act 1993 of the issue of a building permit for the development—
whichever is the earliest.
(2)A statement of charge under this section must—
(a)be in writing; and
(b)set out the charge that is payable and the method used to calculate that charge; and
(c)set out the procedure for payment of the charge; and
(d)include any other information required by the resolution levying the charge.
51XStatement of infrastructure recovery charge
(1)Development Victoria must send a statement of charge to any person that Development Victoria has determined is liable to pay an infrastructure recovery charge—
(a)in the case of a stand-alone subdivision, within 28 days after Development Victoria receives the notice under section 21(2A) of the Subdivision Act 1988 of the receipt of the compliance request for the plan of subdivision; and
(b)in the case of stand-alone building work, within 28 days after Development Victoria receives—
(i)the notice under section 18A of the Building Act 1993 of an application for a building permit for the development; or
(ii)the notice under section 32A of the Building Act 1993 of the issue of a building permit for the development—
(e)Development Victoria is the successor in law of the old Authority; and
(f)all rights, assets, liabilities and obligations of the old Authority immediately before its abolition become rights, assets, liabilities and obligations of Development Victoria; and
(g)all moneys standing to the credit of the General Fund of the old Authority become moneys standing to the credit of the General Fund of Development Victoria under this Act; and
(h)all moneys standing to the credit of the Project Fund of the old Authority become moneys standing to the credit of the Project Fund of Development Victoria under this Act; and
(i)all moneys standing to the credit of the Docklands Fund (within the meaning of the Docklands Act 1991) of the old Authority become moneys standing to the credit of the Docklands Fund of Development Victoria under that Act; and
(j)Development Victoria is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the old Authority; and
(k)Development Victoria may continue and complete any other continuing matter or thing commenced by or against or in relation to the old Authority.
88Action by Registrar of Titles
On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part.
89Transitional provision—staff of the old Authority
(1)On the commencement day, all persons who are employees of the old Authority immediately before the commencement day are taken to be employees of Development Victoria on the same terms and conditions and with the same accrued and accruing entitlements as applied to that person immediately before the commencement day as an employee of the old Authority.
(2)If subsection (1) applies to a person—
(a)the service of the person as an employee with Development Victoria is to be regarded for all purposes as having been continuous with the service of the employee with the old Authority; and
(b)the person is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old Authority.
(3)Nothing in this section prevents an employee of the old Authority from resigning or being dismissed at any time after the commencement day in accordance with the terms and conditions of the employee's employment.
90Transitional provision—superseded references
On and after the commencement day, in any Act (other than this Act) or in any instrument made under any Act or in any other document—
(a)a reference to the Urban Renewal Authority Victoria Act 2003 is taken to be a reference to the Development Victoria Act 2003; and
(b)a reference to the Urban Renewal Authority Victoria or to Places Victoria is taken to be a reference to Development Victoria—
so far as it relates to any period after that commencement, unless the context otherwise requires.
91Savings provision—corporate plan
On and after the commencement day, the corporate plan that was prepared under section 57 and in force immediately before the commencement day is taken to be the corporate plan prepared in respect of Development Victoria, and may be amended in accordance with this Act.
* * * * *
Part 10—Transitional provisions—transfer of nominated projects to Development Victoria
93Definitions
In this Part—
application order has the same meaning as it has in the Project Development and Construction Management Act 1994;
commencement day means the day on which section 8 of the Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017 comes into operation;
facilitating agency has the same meaning as it has in the Project Development and Construction Management Act 1994;
former agency means a public statutory corporation that, immediately before the commencement day, was the facilitating agency in respect of a relevant development;
former agency instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the commencement day—
(a)to which the former agency was a party; or
(b)that was given to or in favour of the former agency; or
(c)that refers to the former agency; or
(d)under which—
(i)money is, or may become, payable to or by the former agency; or
(ii)other property is to be, or may become liable to be, transferred to or by the former agency;
nominated project has the same meaning as it has in the Project Development and Construction Management Act 1994;
nomination order has the same meaning as it has in the Project Development and Construction Management Act 1994;
public statutory corporation has the same meaning as it has in the Project Development and Construction Management Act 1994;
relevant development means a nominated project specified in Column 2 of Schedule 1.
94Transfer of nominated projects to Development Victoria
(1)This section applies to a relevant development.
(2)On and after the commencement day—
(a)the relevant development is taken to be a declared project as if a project order had been made under Part 3 in respect of that relevant development; and
(b)the provisions of Divisions 2, 3, 4, 5, 5A, and 6 of Part 3 specified in Column 3 of Schedule 1 apply in relation to the relevant development; and
(c)all property of the former agency forming part of and used solely for the relevant development vests in Development Victoria; and
(d)all rights and liabilities of the former agency in relation to the relevant development become liabilities of Development Victoria; and
(e)despite anything to the contrary in the Project Development and Construction Management Act 1994—
(i)the relevant development, by force of this section, ceases to be a nominated project; and
(ii)the nomination order under that Act that declares the relevant development as a nominated project and any application order under that Act relating to the relevant development as a nominated project is, by force of this section, revoked.
(3)Without limiting the Interpretation of Legislation Act 1984, a project order taken to have been made under this section may be amended or revoked as if it had been made under Part 3.
95Vesting of property etc. subject to encumbrances
If, under this Part, property and rights vest in Development Victoria or liabilities become liabilities of Development Victoria—
(a)the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before vesting; and
(b)the rights to which the former agency was entitled in respect of those liabilities immediately before they ceased to be liabilities of that agency vest in Development Victoria.
96Substitution of party to agreement
If, under this Part, the rights and liabilities of the former agency under an agreement vest in Development Victoria—
(a)Development Victoria becomes, on the commencement day, a party to the agreement in place of the former agency; and
(b)on and after the commencement day, the agreement has effect as if Development Victoria had always been a party to the agreement.
97Former agency instruments
Each former agency instrument relating to property vested in Development Victoria under this Part continues to have effect according to its tenor on and after the commencement day as if a reference in the instrument to the former agency were a reference to Development Victoria.
98Proceedings
If, immediately before the commencement day, any proceeding relating to property, rights or liabilities that, under this Part, have vested in or become liabilities of Development Victoria (including arbitration proceedings) to which the former agency was a party were pending or existing in any court or tribunal, then, on and after the commencement day, Development Victoria is substituted for the former agency as a party to the proceeding and has the same rights in the proceeding as the former agency had.
99Interests in land
Without affecting the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the commencement day, the former agency is, in relation to property, rights or liabilities that, under this Part, have vested in or become liabilities of Development Victoria, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that day—
(a)Development Victoria is taken to be the registered proprietor of that interest in land; and
(b)Development Victoria has the same rights and remedies in respect of that interest as the former agency had.
100Action by Registrar of Titles
On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part.
101Taxes
No land transfer duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the former agency.
102Evidence
(1)Documentary or other evidence that, if this Part had not been enacted, would have been admissible for or against the interests of the former agency in relation to property, rights or liabilities that, under this Part, have vested in or become liabilities of Development Victoria, is admissible for or against the interests of Development Victoria.
(2)The Evidence Act 2008 applies with respect to the books of account of the former agency and to entries made in those books of account before the commencement day, whether or not they relate to property, rights or liabilities that, under this Part, have vested in or become liabilities of Development Victoria, as if those books of account and entries were business records of Development Victoria.
103Validity of things done under this Part
(1)Nothing effected by this Part or done or suffered by the former agency, the State, a Minister or Development Victoria under this Part—
(a)is to be regarded as placing the former agency, the State, a Minister or Development Victoria in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
(b)is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or
(c)is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or
(d)releases any surety or other obligee wholly or in part from any obligation.
(2)The validity of any act or transaction of the former agency must not be called in question in any proceeding on the ground that any provision of this Part has not been complied with.
(3)In this section Act does not include the Charter of Human Rights and Responsibilities.
Schedule 1—Projects to be transferred to Development Victoria
Section 93
Table
| Column 1 Item | Column 2 Relevant development | Column 3 Applicable Part 3 powers |
| 1. | Ballarat West Employment Zone Development declared under the nomination order published in the Government Gazette No G41 at page 2357 on 9 October 2014 | All powers under sections 39, 40, 41, 42, 43, 46, 47, 53, 54, 55 |
| 2. | Commonwealth Games Village Project declared under the nomination order published in the Government Gazette No S233 at page 1 on 5 September 2006 | All powers under sections 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 53, 54, 55 |
| 3. | Flinders Street Station Administration Building Project declared under the nomination order published in the Government Gazette No S333 at page 1 on 10 November 2015 | All powers under sections 41, 53, 54, 55 |
| 4. | Kew Residential Services Redevelopment Project declared under the nomination order published in the Government Gazette No G35 at page 1972 on 1 September 2005 | All powers under sections 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 52, 53, 54, 55 |
| 5. | Melbourne Park Redevelopment declared under the nomination order published in the Government Gazette No S380 at page 1 on 21 September 2010 | All powers under sections 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 53, 54, 55 |
| 6. | Palais Theatre Project declared under the nomination order published in the Government Gazette No G51 at page 2784 on 24 December 2015 | All powers under sections 40, 41, 42, 44, 47, 48, 49, 53, 54, 55 |
| 7. | State Library Redevelopment Project declared under the nomination order published in the Government Gazette No G51 at page 2785 on 24 December 2015 | All powers under sections 40, 41, 42, 44, 47, 48, 49, 53, 54 |
| 8. | State Library Victoria, Ballarat Off Site Store Module 2 Project declared under the nomination order published in the Government Gazette No G40 at page 2500 on 6 October 2016 | All powers under sections 40, 41, 44, 47, 48, 49, 53, 54 |
═══════════════
Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 1 May 2003
Legislative Council: 22 May 2003
The long title for the Bill for this Act was "to establish the Victorian Urban Development Authority to carry out urban development, develop the docklands area and undertake declared projects, to provide for special powers in relation to declared projects, to repeal the Urban and Regional Land Corporation Act 1997, to amend the Docklands Authority Act 1991 and other Acts and for other purposes."
The Victorian Urban Development Authority Act 2003 was assented to on 16 June 2003 and came into operation on 1 August 2003: Government Gazette 31 July 2003 page 2125.
The title of this Act was changed from the Victorian Urban Development Authority Act 2003 to the Urban Renewal Authority Victoria Act 2003 by section 4 of the Victorian Urban Development Authority Amendment (Urban Renewal Authority Victoria) Act 2011, No. 35/2011.
The title of this Act was changed from the Urban Renewal Authority Victoria Act 2003 to the Development Victoria Act 2003 by section 4 of the Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017, No. 10/2017.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Development Victoria Act 2003 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Development Victoria Act 2003, No. 59/2003
Assent Date: 16.6.03 Commencement Date: S. 92(5) inserted on 1.4.17 by No. 10/2017 s. 21: Special Gazette (No. 94) 27.3.17 p. 1 Note: S. 92(5) provided that s. 92 expired on 1.4.19 Current State: This information relates only to the provision/s amending the Development Victoria Act 2003
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 230) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Development Victoria Act 2003
Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005
Assent Date: 29.11.05 Commencement Date: S. 12(4) on 13.12.05: Special Gazette (No. 254) 13.12.05 p. 1 CurrentState: This information relates only to the provision/s amending the Development Victoria Act 2003
Victorian Urban Development Authority (Amendment) Act 2006, No. 35/2006
Assent Date: 13.6.06 Commencement Date: Ss 3–7 on 1.9.06: s. 2(2) CurrentState: This information relates only to provision/s amending the Development Victoria Act 2003
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 114) on 11.10.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Development Victoria Act 2003
Statute Law Revision Act 2007, No. 28/2007
Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 74) on 27.6.07: s. 2(1) CurrentState: This information relates only to the provision/s amending the Development Victoria Act 2003
Motor Car Traders Amendment Act 2008, No. 4/2008
Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 36) on 1.12.08: s. 2(2) CurrentState: This information relates only to the provision/s amending the Development Victoria Act 2003
Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, No. 45/2009
Assent Date: 5.8.09 Commencement Date: S. 17 on 6.8.09: s. 2 CurrentState: This information relates only to the provision/s amending the Development Victoria Act 2003
Valuation of Land Amendment Act 2009, No. 94/2009
Assent Date: 15.12.09 Commencement Date: S. 35 on 1.5.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Development Victoria Act 2003
Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)
Assent Date: 2.3.10 Commencement Date: Ss 25(5)(Sch. 2 item 12), 203(1)(Sch. 6 item 50) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 CurrentState: This information relates only to the provision/s amending the Development Victoria Act 2003
Victorian Urban Development Authority Amendment (Urban Renewal Authority Victoria) Act 2011, No. 35/2011
Assent Date: 5.7.11 Commencement Date: Ss 4–15 on 25.10.11: Special Gazette (No. 342) 25.10.11 p. 1 CurrentState: This information relates only to the provision/s amending the Development Victoria Act 2003
Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011
Assent Date: 15.11.11 Commencement Date: S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 14 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1 CurrentState: This information relates only to the provision/s amending the Development Victoria Act 2003
Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013
Assent Date: 18.6.13 Commencement Date: S. 35(Sch. 2 item 8) on 1.7.13: s. 2 CurrentState: This information relates only to the provision/s amending the Development Victoria Act 2003
Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014
Assent Date: 27.6.14 Commencement Date: S. 33(Sch. item 31) on 30.6.14: s. 2(5) Current State: This information relates only to the provision/s amending the Development Victoria Act 2003
Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014
Assent Date: 9.9.14 Commencement Date: S. 21 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1 Current State: This information relates only to the provision/s amending the Development Victoria Act 2003
Statute Law Revision Act 2015, No. 21/2015
Assent Date: 16.6.15 Commencement Date: S. 3(Sch. 1 item 58) on 1.8.15: s. 2(1) Current State: This information relates only to the provision/s amending the Development Victoria Act 2003
Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017, No. 10/2017
Assent Date: 27.3.17 Commencement Date: Ss 4–29 on 1.4.17: Special Gazette (No. 94) 27.3.17 p. 1 Current State: This information relates only to the provision/s amending the Development Victoria Act 2003
Transport Legislation Amendment Act 2019, No. 49/2019
Assent Date: 3.12.19 Commencement Date: S. 186(Sch. 4 item 12) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 CurrentState: This information relates only to the provision/s amending the Development Victoria Act 2003
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Amendments Not in Operation
Not updated for this publication.
4 Explanatory details
[1] S. 6 (repealed): The amendment proposed by section 40 of the Business Names (Commonwealth Powers) Act 2011, No. 79/2011 is not included in this publication due to the earlier repeal of section 6 by section 8 of the Victorian Urban Development Authority Amendment (Urban Renewal Authority Victoria) Act 2011, No. 35/2011 (repealed).
0
0
0