Local Government Act 1989 (Vic)

Version No. 168

Local Government Act 1989

No. 11 of 1989

Version incorporating amendments as at

20 August 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Preamble

1AInterpretation of Act

1BConstruction of Act

2Commencement

3Definitions

Part 2—The Council

Part 3—Elections

Part 4—Council administration

Division 1—The Mayor and other Councillors

Division 3—Council staff

Part 7—Financial management

Part 8—Rates and charges on rateable land

Division 1—Declaration of rates and charges

154What land is rateable?

155What rates and charges may a Council declare?

156Liability to pay rates and charges

157Which systems of valuing land may a Council use?

158Declaring rates and charges

158ARates and charges to be levied on each occupancy

159Municipal charge

160Uniform rate

161Differential rates

161ALimited differential rates

162Service rate and service charge

163Special rate and special charge

163ASubmissions concerning special rates and charges

163BObjection process relating to certain special rates and charges

164Discontinuance of the works and projects for a special rate or special charge

165Receipt of excess money

166Variation of special rate or special charge

Division 2—Payment of rates and charges

167Payment of rates and charges

168Incentives for prompt payment

169Rebates and concessions

170Deferred payment

171Waiver

171AWaiver by application—financial hardship

172Council may charge interest on unpaid rates and charges

172AMaximum rate of interest charged on unpaid rates and charges

173Land becoming or ceasing to be rateable land

174ALand which ceases to be urban farm land or residential use land

175Person acquiring rateable land

177Council may require occupier to pay rent

178Occupier who pays rates or charges

179Invalidity of any rate or charge

180Unpaid rate or charge

180ACouncil must not commence proceeding for recovery of unpaid debt in certain circumstances

181Council may sell land to recover unpaid rates or charges

181AAMinisterial guidelines relating to payment of rates and charges

Division 2A—Environmental upgrade agreements

181AEnvironmental upgrade agreement

181BConditions to be met before Council may enter into environmental upgrade agreement

181CEnvironmental upgrade charge

181DEnvironmental upgrade agreement provisions

181ELiability of Council to recover environmental upgrade charge

181FOther responsibilities of Council

181GQuarterly statement

181HDelegation to Chief Executive Officer

181IGuidelines

181JEnvironmental upgrade agreements and charges under City of Melbourne Act 2001

Division 3—Reviews and appeals

183Review of differential rating by VCAT

184Appeal to County Court

185Application to VCAT

185AAApplication for declaration

185ABMatters VCAT must take into account

Part 8A—Rate caps

185APurposes of this Part

185BBase average rate

185CCapped average rate

185DMinister may set average rate cap by general Order

185ECouncil may apply for higher cap

185FCouncils must comply with a general Order and any special Order that applies

185GReview

Part 8B—Cladding rectification agreements

185HDefinitions

185ICladding rectification agreement

185JConditions to be met before entering into cladding rectification agreement

185KCladding rectification agreements with owners corporations

185LCladding rectification charge

185MLiability of occupier to pay cladding rectification charge

185NLiability of Council to recover cladding rectification charge

Part 9—Specific functions, powers and restrictions

Division 1—General provisions

198Sewers and drains vested in the Council

199Concentration or diversion of drainage

200Drainage of land

201Approved schemes

Division 2—Provisions relating to transport

203Transport plan

203ATransport services

204Council may declare a road to be a public highway or to be open to the public

205Councils to have the care and management of certain roads

206Power of Councils over roads

207Powers of Councils over traffic

207ASubmissions under section 223

207BCertain land used, or to be used, for roads to vest in Council

207CSewers, pipes, wires etc. of public authorities not affected

207DRegistration of titles of land affected by action concerning roads

207EAlterations to titles if land exchanged

208Transport Integration Act 2010, Transport (Compliance and Miscellaneous) Act 1983, Road Management Act 2004 and Road Safety Act 1986

208AAHeavy Vehicle National Law (Victoria)

Part 10—Inquiries, reviews and suspension of Councils

Part 11—General

221Service charges on non-rateable land

223Right to make submission

224Authorised officers

224APolice may act as authorised officers to enforce certain local laws

224BGreat Ocean Road Coast and Parks Authority authorised officers to enforce certain local laws

237ACouncil to provide information relating to land to inspectors of livestock

243Regulations

Part 12—Savings and transitional provisions

244Local Government (Consequential Provisions) Act 1989

245Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013

246Local Government Amendment (Performance Reporting and Accountability) Act 2014—financial year commencing on 1 July 2013

247Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Councillor Conduct Panel matters

248Transitional provision—Local Government Amendment (Improved Governance) Act 2015—VCAT review

249Transitional provision—Local Government Amendment (Improved Governance) Act 2015—VCAT matters (by referral, on grounds of gross misconduct or for review)

250Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Inspectors of municipal administration

251Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Electoral Reform

252Purported exercise or functions, powers or duties of Municipal Electoral Tribunals and related matters

253Transitional provision—Local Government Legislation Amendment (Rating and Other Matters) Act 2022

Schedules

Schedule 10—Powers of Councils over roads

Schedule 11—Powers of Councils over traffic

Schedule 12—Regulations

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 168

Local Government Act 1989

No. 11 of 1989

Version incorporating amendments as at

20 August 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Preamble

(1)Section 74A(1) of the Constitution Act 1975 provides that local government is a distinct and essential tier of government consisting of democratically elected Councils having the functions and powers that the Parliament considers are necessary to ensure the peace, order and good government of each municipal district.

(2)It is the role of Councils in exercising those functions and powers to work in partnership with the Governments of Victoria and Australia.

(3)It is necessary to ensure that the Councillors who comprise each Council are democratically elected by persons entitled to vote at municipal elections and that the Council is responsible and accountable to the local community.

(4)It is the role of the Council to provide governance and leadership for the local community through advocacy, decision making and action.

(5)It is essential that there is a legislative framework that provides for Councils to be accountable to their local communities in the performance of functions and the exercise of powers and the use of resources.

(6)The purpose of this Act is to establish a legislative scheme that supports the system of local government in accordance with Part IIA of the Constitution Act 1975.

1AInterpretation of Act

(1)It is the intention of the Parliament that the provisions of this Act be interpreted so as to give effect to the Preamble and the local government charter.

(2)The Preamble and the local government charter are not to be construed as having the effect of limiting the functions and powers of Councils under this Act or any other Act.

(3)In the interpretation of the Preamble and the local government charter, a construction that promotes consistency between the provisions of this Act and any other Act is to be adopted.

(4)In this Act—

local community includes—

(a)people who live in the municipal district; and

(b)people and bodies who are ratepayers; and

(c)people and bodies who conduct activities in the municipal district;

local government charter means the provisions in Part 1A;

Preamble means the Preamble in section 1.

1BConstruction of Act

(1)This Act is to be read as if it formed part of the Local Government Act 2020.

(2)If there is an inconsistency between this Act and the Local Government Act 2020, the Local Government Act 2020 prevails to the extent of the inconsistency.

2Commencement

(1)This Act comes into operation on a day or days to be proclaimed.

(2)The proclamation or proclamations made under subsection (1) must be made on or before 1 July 1990.

3Definitions

(1)In this Act—

AAS means the accounting standards published by the Australian Accounting Standards Board from time to time;

accounts and records includes—

(a)the financial statements; and

(b)any additional notes attached to, or intended to be read with, the financial statements; and

(c)any working papers and other documents which are necessary to explain the financial statements; and

(d)invoices, receipts, orders for the payment of money, bills of exchange, promissory notes, vouchers and other documents of prime entry;

*                *                *                *                *

advisory committee means any committee established by the Council, other than a special committee, that provides advice to—

(a)the Council; or

(b)a special committee; or

(c)a member of Council staff who has been delegated a power, duty or function of the Council under section 98;

*                *                *                *                *

assembly of Councillors (however titled) means a meeting of an advisory committee of the Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be—

(a)the subject of a decision of the Council; or

(b)subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee—

but does not include a meeting of the Council, a special committee of the Council, an audit committee established under section 139, a club, association, peak body, political party or other organisation;

assessable disclosure has the meaning given in section 3 of the Public Interest Disclosures Act 2012;

auditormeans the Auditor-General;

authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;

average rate cap means an amount expressed as a percentage amount, based on the change to CPI over the financial year to which the cap relates, plus or minus any adjustment;

*                *                *                *                *

base average rate has the meaning given by section 185B;

base year means the financial year preceding the capped year;

*                *                *                *                *

bullying by a Councillor means the Councillor repeatedly behaves unreasonably towards another Councillor or member of Council staff and that behaviour creates a risk to the health and safety of that other Councillor or member of Council staff;

capital improved value has the same meaning as in section 2(1) of the Valuation of Land Act 1960;

capped average rate has the meaning given by section 185C;

capped year means the financial year specified in a general Order;

Chief Executive Officer means the person appointed by a Council to be its Chief Executive Officer or any person acting in that position;

Chief Municipal Inspector means the person appointed under section 223A;

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*                *                *                *                *

confidentiality notice means a notice issued by the Chief Municipal Inspector under section 223BJ(1);

corporation includes—

(a)any body corporate, whether formed or incorporated within or outside the State of Victoria; and

*                *                *                *                *

(c)any incorporated association within the meaning of the Associations Incorporation Reform Act 2012—

but does not include a Council or any other body incorporated or constituted by or under this Act or any public statutory corporation constituted by or under any law of the State of Victoria, any other State or Territory of the Commonwealth or the Commonwealth;

Council means a municipal council (including the Council of the City of Melbourne and the Council of the City of Geelong) whether constituted before or after the commencement of this section;

Councillor means a person who holds the office of member of a Council;

Councillor Code of Conduct means the code of conduct developed by a Council under section 76C;

Councillor Conduct Panel means a panel of 2 people selected by the Principal Councillor Conduct Registrar under section 81V;

Councillor conduct principles means the principles specified in sections 76B and 76BA;

Council staff means the persons who are members of Council staff;

CPI means the forecast Melbourne consumer price index, as published in the budget update prepared under the Financial Management Act 1994 or the pre-election budget update prepared under Division 6 of Part 5 of that Act;

declared area has the same meaning as in the Planning and Environment Act 1987;

Department means the Department of Government Services;

*                *                *                *                *

disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment, gift or other alienation of property including—

(a)the allotment of shares in a company;

(b)the creation of a trust in property;

(c)the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property;

(d)the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property;

(e)the exercise by a person of a general power of appointment of property in favour of any other person;

(f)any transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of any other person;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

Note

A registered relationship is defined in subsection (7).

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

election day means—

(a)in the case of an election, the day of an election determined under section 31 or 38;

(b)in the case of a poll of voters', the relevant date specified in the public notice under clause 16 of Schedule 3;

election period, in relation to an election, means the period that—

(a)starts on the last day on which nominations for that election can be received; and

(b)ends at 6 p.m. on election day;

electoral advertisement, handbill, pamphlet or notice means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper announcing the holding of a meeting;

*                *                *                *                *

Electoral Commissioner means the Electoral Commissioner appointed under section 12 of the Electoral Act 2002;

entitlement date means—

(a)the day that is 57 days before the election day; or

(b)if the date determined under paragraph (a) is a public holiday, means the day which is the last working day before that day;

environmental upgrade agreement means an agreement entered into in accordance with section 181A;

environmental upgrade charge means a charge declared under section 181C;

Essential Services Commission has the same meaning as Commission has in the Essential Services Commission Act 2001;

*                *                *                *                *

farm land has the same meaning as it has in the Valuation of Land Act 1960;

film friendly principles has the same meaning as in the Filming Approval Act 2014;

film permit has the same meaning as in the Filming Approval Act 2014;

finance lease means a finance lease within the meaning of the Australian Accounting Standards as issued by the Australian Accounting Research Foundation;

financial statements—

(a)subject to paragraph (b), means the financial statements and the notes attached to, or intended to be read with, the financial statements prepared in accordance with the current AAS as it applies to the general purpose financial reports of local governments;

(b)in sections 126 and 127, means the financial statements referred to in paragraph (a) but does not include the notes referred to in that paragraph;

financial year means the period of 12 months ending on 30 June each year;

general Order means an Order made by the Minister under section 185D;

gift means any disposition of property otherwise than by will made by a person to another person without consideration in money or money's worth or with inadequate consideration, including—

(a)the provision of a service (other than volunteer labour); and

(b)the payment of an amount in respect of a guarantee; and

(c)the making of a payment or contribution at a fundraising function;

gift disclosure threshold means $500 or a higher amount or value prescribed by the regulations;

Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road Coast and Parks Authority means the Great Ocean Road Coast and Parks Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020;

*                *                *                *                *

*                *                *                *                *

Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

gross misconduct by a Councillor means behaviour that demonstrates that a Councillor is not of good character or is otherwise not a fit and proper person to hold the office of Councillor;

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

higher cap means an amount expressed as the average rate cap specified in a general Order plus an additional percentage amount in respect of that financial year;

how-to-vote card means any card, handbill, pamphlet or notice—

(a)which is or includes a representation or partial representation or purported representation or purported partial representation of a ballot-paper for use in an election; or

(b)which lists the names of any or all of the candidates for an election with a number indicating an order of voting preference against the names of any or all of those candidates;

IBAC means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011;

Information Commissioner means the Information Commissioner appointed under the Freedom of Information Act 1982 in the Information Commissioner's capacity under the Privacy and Data Protection Act 2014;

Integrity Minister means the Minister administering section 223A;

internal resolution procedure means the procedure—

(a)specified in the Councillor Code of Conduct; and

(b)developed and maintained by a Council in accordance with section 81AA to address the matters specified in that section;

law enforcement agency means—

(a)Victoria Police; or

(b)the police force or police service of another State or a Territory; or

(c)the Australian Federal Police; or

(d)the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; or

(e)a commission established by a law of Victoria or the Commonwealth or of any other State or a Territory with the function of investigating matters relating to criminal activity generally or of a specified class or classes; or

(f)the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; or

(g)the IBAC; or

(h)the sheriff within the meaning of the Sheriff Act 2009; or

(i)Integrity Oversight Victoria established under section 8 of the Integrity Oversight Victoria Act 2011; or

(j)an agency responsible for the performance of functions or activities directed to—

(i)the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or

(ii)the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or

(k)an agency responsible for the execution or implementation of an order or decision made by a court or tribunal; or

(l)an agency responsible for the protection of the public revenue under a law administered by it;

lending body means the person who advances funds under the environmental upgrade agreement;

local government panel means a panel established by the Minister under section 220A;

member of Council staff means a natural person who is employed by the Chief Executive Officer (other than an independent contractor under a contract for services or a volunteer) to enable—

(a)the functions of the Council under this Act or any other Act to be carried out;

(b)the Chief Executive Officer to carry out his or her functions;

Note

The Chief Executive Officer is also a member of Council staff—see section 94(2).

misconduct by a Councillor means any of the following—

(a)failure by a Councillor to comply with the Council's internal resolution procedure; or

(b)failure by a Councillor to comply with a written direction given by the Council under section 81AB; or

(c)repeated contravention of any of the Councillor conduct principles;

municipal district means the district under the local government of a Council;

municipal enterprise means any venture under section 193 or any trading or entrepreneurial enterprise;

Order in Council means an Order made by the Governor with the advice of the Executive Council and published in the Government Gazette;

owner in relation to any land, means the person who is entitled to receive the rack-rent for the land or who, if the land were let at a rack-rent, would be entitled to receive the rent;

panel list means the panel list established by the Minister under section 81U for the purposes of forming Councillor Conduct Panels;

payment plan means a plan referred to in section 171B(1);

payment plan instalment means an instalment under a payment plan;

person in relation to Divisions 1 to 7 of Part 3, means a person who has attained the age of 18 years but does not include—

(a)a corporation; or

(b)a Council or any other body incorporated or constituted by or under this Act; or

(c)any public statutory corporation constituted by or under any law of the State of Victoria, any other State or Territory of the Commonwealth or the Commonwealth;

police officer has the same meaning as it has in the Victoria Police Act 2013;

*                *                *                *                *

primary parties, in relation to an environmental upgrade agreement, means a Council, the lending body and the owner of the rateable land;

Principal Conduct Officer means the person appointed in writing by the Chief Executive Officer to be the Principal Conduct Officer for the Council under section 81Y;

Principal Councillor Conduct Registrar means the person appointed by the Secretary to be the Principal Councillor Conduct Registrar under section 81S;

principles of sound financial management means the principles specified in section 136;

printed electoral material means an advertisement, handbill, pamphlet or notice that contains electoral matter;

*                *                *                *                *

public body means any government department or municipal council or body established for a public purpose by an Act of the Parliament of Victoria, any other State or Territory of the Commonwealth, or the Commonwealth;

public highway is a road which is open to the public for traffic as a right, irrespective of whether the road is in fact open to traffic, and includes a road—

(a)declared to be a public highway under section 204(1) or under any other Act;

(b)which becomes a public highway under section 24(2)(c) of the Subdivision Act 1988;

(c)which is a public road under the Road Management Act 2004;

public interest complaint has the meaning given in section 3 of the Public Interest Disclosures Act 2012;

public notice means a notice published in a newspaper generally circulating in the municipal district of the Council chosen for the purpose by—

(a)if the notice is required to be given by the Council, the Council;

(b)if the notice is required to be given by the Registrar, the Registrar;

(c)if the notice is required to be given by the returning officer, the returning officer;

Note

See also section 82A(2) which requires any public notice to be given by the Council to be published on the Internet website of the Council.

publish means publish by any means including by publication on the Internet;

rateable land means any land that is rateable under section 154;

rateable property in relation to Division 1 of Part 3 or Part 8A, means an occupancy which is separately valued under section 13DC of the Valuation of Land Act1960 and is rateable land but does not include an occupancy that is used, or is intended to be used, for the sole purpose of—

(a)parking a single motor vehicle within the meaning of section 3(1) of the Road Safety Act 1986; or

(b)mooring a single vessel within the meaning of section 3(1) of the Marine Safety Act 2010; or

(c)storage, being a single lockable unit with a floor area not exceeding 25 square metres;

Registrar means—

(a)the Electoral Commissioner; or

(b)a person appointed in writing by the Electoral Commissioner;

residential use land has the same meaning as it has in the Valuation of Land Act 1960;

restricted matter means—

(a)any evidence or information given to, or obtained by, the Chief Municipal Inspector;

(b)the contents of any document produced to, or obtained by, the Chief Municipal Inspector;

(c)the existence of, or any information about, a confidentiality notice or a requirement under section 223B(2) to appear before the Chief Municipal Inspector for examination;

(d)the subject matter of an investigation by the Chief Municipal Inspector;

(e)any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document to the Chief Municipal Inspector, to be identified or located;

(f)the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document to, the Chief Municipal Inspector;

(g)the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012;

(h)the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;

(i)the fact that the Chief Municipal Inspector intends to conduct an investigation on a public interest disclosure;

returning officer means—

(a)the Electoral Commissioner; or

(b)a person appointed in writing by the Electoral Commissioner;

roadincludes—

(a)a street; and

(b)a right of way; and

(c)any land reserved or proclaimed as a street or road under the Crown Land (Reserves) Act 1978 or the Land Act 1958; and

(ca)a public road under the Road Management Act 2004; and

(d)a passage; and

(e)a cul de sac; and

(f)a by-pass; and

(g)a bridge or ford; and

(h)a footpath, bicycle path or nature strip; and

(i)any culvert or kerbing or other land or works forming part of the road;

Secretary means Secretary to the Department;

senior officer means—

(a)the Chief Executive Officer;

(b)a member of Council Staff who has management responsibilities and reports directly to the Chief Executive Officer;

(c)any other member of Council staff whose total remuneration exceeds $124 000 or a higher threshold amount specified by the Minister in accordance with section 97B;

serious misconduct by a Councillor means—

(a)the failure of a Councillor to attend a Councillor Conduct Panel hearing formed to make a finding in respect of that Councillor; or

(b)the failure of a Councillor to give a Councillor Conduct Panel any information the Councillor Conduct Panel has requested the Councillor to give; or

(c)the failure of a Councillor to comply with a direction of a Councillor Conduct Panel; or

(d)continued or repeated misconduct by a Councillor after a finding of misconduct has already been made in respect of the Councillor by a Councillor Conduct Panel; or

(e)bullying of another Councillor or member of Council staff by a Councillor; or

(f)conduct by a Councillor in respect of a member of Council staff in contravention of section 76E; or

(g)the release of confidential information by a Councillor in contravention of section 77;

special committee means—

(a)a committee established by a Council under section 86;

(b)a committee that exercises a power, or performs a duty or function, of the Council that has been delegated to that committee under any Act;

special Order means an Order made by the Essential Services Commission under section 185E;

spouse of a person means a person to whom the person is married;

*                *                *                *                *

Statement of Planning Policy has the same meaning as in the Planning and Environment Act 1987;

total annual remuneration, in relation to a member of Council staff, means the total remuneration package to which the member is entitled for a financial year, including—

(a)the gross annual salary; and

(b)the annual cost in dollars to the Council of any other allowance, benefit or remuneration that the member of Council staff receives from the Council or that is paid or given by the Council to another person for the ultimate benefit of the member of Council staff (other than any allowances in relation to expenses incurred in the course of employment) including—

(i)any contribution made by the Council to a superannuation fund on behalf of the member of Council staff; and

(ii)the annual value of any motor vehicle provided by the Council to the member of Council staff;

tribunal is a reference to a municipal electoral tribunal established under section 44;

unenrolled voter means a person who is entitled to be enrolled on a voter's roll but is not so enrolled;

urban farm land has the same meaning as it has in the Valuation of Land Act 1960;

Victorian Electoral Commission means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002;

voter means a person who is enrolled on a voters' roll;

voting centre means a place appointed by the returning officer for voting at an election as—

(a)an early voting centre;

(b)a mobile voting centre;

(c)an election day voting centre;

ward means a subdivision of a municipal district and includes a riding;

waste, recycling or resource recovery services has the meaning given by section 4 of the Circular Economy (Waste Reduction and Recycling) Act 2021;

Yarra protection principles has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra River land has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra Strategic Plan has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra Strategic Plan area has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017.

(1A)In this Act, electoral matter means matter which is intended or likely to affect voting in an election but does not include any electoral material produced by or on behalf of the returning officer for the purposes of conducting an election.

(1B)Without limiting the generality of the definition of electoral matter, matter is to be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on—

(a)the election; or

(b)a candidate in the election; or

(c)an issue submitted to, or otherwise before, the voters in connection with the election.

(2)For the purposes of—

(a)the performance of the functions or the exercise of the powers of a Council; and

(b)any proceedings for offences under the Transport (Compliance and Miscellaneous) Act 1983, the Road Management Act 2004 or the Road Safety Act 1986—

road includes a shopping mall.

(3)If the boundary of a municipal district is described by reference to a road, proposed road, railway line, former railway line or waterway (other than a waterway that forms part of the sea coast), that boundary is to be taken to be constituted by a line along the centre for the time being of the road, proposed road, railway line, former railway line or waterway.

(3A)If the boundary of a municipal district is described by reference to the sea coast (regardless of whether it is referred to as the sea shore or the waters of the sea or a bay or in any other way), that boundary is to be taken to be the line for the time being of the low water mark on that sea coast.

(3B)Subsection (3) or (3A) does not apply if an intention contrary to the effect of that subsection appears in the description.

(4)If a municipal district is not subdivided a reference to ward is to be taken to be a reference to the municipal district.

(5)Where a Council is empowered to do any act, matter or thing, the decision to do the act, matter or thing is to be made by a resolution of the Council.

(6)For the purposes of subsection (5), resolution of the Council means—

(a)a resolution made at an ordinary meeting or special meeting;

(b)a resolution made at a meeting of a special committee;

(c)the exercise of a power, duty or function delegated to a member of Council staff under section 98—

but does not include any business transacted at an assembly of Councillors.

(7)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as it has in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

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PART 2—THE COUNCIL

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*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

PART 3—ELECTIONS

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

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PART 4—COUNCIL ADMINISTRATION

Division 1—The Mayor and other Councillors

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*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

Division 3—Council staff

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

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PART 7—FINANCIAL MANAGEMENT

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PART 8—RATES AND CHARGES ON RATEABLE LAND

Division 1—Declaration of rates and charges

154What land is rateable?

(1)Except as provided in this section, all land is rateable.

(2)The following land is not rateable land—

(a)land which is unoccupied and is the property of the Crown or is vested in a Minister, a Council, a public statutory body or trustees appointed under an Act to hold that land in trust for public or municipal purposes;

(b)any part of land, if that part—

(i)is vested in or owned by the Crown, a Minister, a Council, a public statutory body or trustees appointed under an Act to hold that land in trust for public or municipal purposes; and

(ii)is used exclusively for public or municipal purposes;

(c)any part of land, if that part is used exclusively for charitable purposes;

(d)land which is vested in or held in trust for any religious body and used exclusively—

(i)as a residence of a practising Minister of religion; or

(ii)for the education and training of persons to be Ministers of religion; or

(iii)for both the purposes in subparagraphs (i) and (ii);

(e)land which is used exclusively for mining purposes;

(f)land held in trust and used exclusively—

(i)as a club for or a memorial to persons who performed service or duty within the meaning of section 3(1) of the Veterans Act 2005; or

(ii)as a sub-branch of the Returned Services League of Australia; or

(iii)by the Air Force Association (Victoria Division); or

(iv)by the Australian Legion of Ex‑Servicemen and Women (Victorian Branch).

(3)For the purposes of subsections (2)(a) and (2)(b) any part of the land is not used exclusively for public or municipal purposes if—

(a)it is used for banking or insurance; or

(b)a house or flat on the land—

(i)is used as a residence; and

(ii)is exclusively occupied by persons including a person who must live there to carry out certain duties of employment; or

(c)it is used by Fire Rescue Victoria.

(3A)For the purposes of subsection (2)(b), any part of land does not cease to be used exclusively for public purposes only because it is leased—

(a)to a rail freight operator within the meaning of the Transport (Compliance and Miscellaneous) Act 1983; or

(b)to a passenger transport company within the meaning of that Act.

(4)For the purposes of subsections (2)(c) and (2)(d), any part of the land is not used exclusively for charitable purposes if it is in any of the following categories—

(a)it is separately occupied and used for a purpose which is not exclusively charitable;

(b)a house or flat on the land—

(i)is used as a residence; and

(ii)is exclusively occupied by persons including a person who must live there to carry out certain duties of employment;

(c)it is used for the retail sale of goods;

(d)it is used to carry on a business for profit (unless that use is necessary for or incidental to a charitable purpose).

155What rates and charges may a Council declare?

A Council may declare the following rates and charges on rateable land—

(a)general rates under section 158;

(b)municipal charges under section 159;

(c)service rates under section 162;

(d)service charges under section 162;

(e)special rates under section 163;

(f)special charges under section 163.

156Liability to pay rates and charges

(1)The owner of land is liable to pay the rates and charges on that land.

(2)If the owner cannot be found or identified, the occupier of, or the mortgagee in possession of, the land is liable to pay the rates and charges.

(3)If there is a person who is the private occupier or lessee of the land and the land is land on which rates and charges could not be declared if there were no such occupier or lessee, that person is liable to pay the rates and charges.

(3A)For the purposes of this Part and Part II of the Valuation of Land Act 1960 a caravan park is a single rateable property of which the caravan park owner is taken to be the occupier.

(4)A person who has a licence to pasture any animals on Crown land under the Forests Act 1958, the Land Act 1958 or the Water Act 1989, is liable to pay the rates and charges on that land as if it is rateable land.

(5)A person who has or should have a licence under the Land Act 1958 in respect of any unused roads or water frontages is liable to pay the rates and charges on that land as if it is rateable land.

(5A)A person who is a licensee of vested land under Part 3A of the Victorian Plantations Corporation Act 1993 is liable to pay the rates and charges on that land as if it is rateable land.

(6)A rate or charge which is declared in relation to land and is unpaid and any unpaid interest on such a rate or charge and any costs awarded to a Council by a court or in any proceedings in relation to such a rate or charge or interest are a first charge on the land.

157Which systems of valuing land may a Council use?

(1)A Council may use the site value, net annual value or capital improved value system of valuation.

(2)A Council must publish public notice of its decision to change its system of valuation.

(3)For the purposes of calculating the site value, net annual value or capital improved value of rateable land, a Council must use the current valuations made in respect of the land under the Valuation of Land Act 1960 by the Valuer-General.

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(5)A person has a right to make a submission under section 223 on a Council's decision to change its system of valuation.

158Declaring rates and charges

(1)A Council must at least once in respect of each financial year declare by 30 June the following for that year—

(a)the amount which the Council intends to raise by general rates, municipal charges, service rates and service charges;

(b)whether the general rates will be raised by the application of—

(i)a uniform rate; or

(ii)differential rates (if the Council is permitted to raise such rates under section 161(1)); or

(iii)urban farm rates, farm rates or residential use rates (if the Council is permitted to raise such rates under section 161A).

(2)The Council must declare the general rate in respect of a period of time between 3 months and a year.

(3)A Council may levy general rates, municipal charges, service rates and service charges by sending a notice to the person who is liable to pay them.

(3A)At the written request of the person liable to pay rates or charges, the Council may send the notice to a person specified in the written request.

(4)The notice must—

(a)contain the prescribed information; and

(b)state—

(i)in the case of general rates, municipal charges, service rates and service charges, the dates when the instalments of the rates or charges are due, and, if those rates and charges may be paid in a lump sum, the date when that lump sum is due; or

(ii)in any other case, when the rates or charges are due; and

(c)specify any other options for payment determined by the Council; and

(d)be issued at least 14 days before the date on which the first payment of the rates or charges is due.

(4A)If general rates, municipal charges, service rates or service charges—

(a)are not payable in a lump sum; or

(b)are payable in a lump sum but the first instalment is paid—

the Council must send a notice that contains the information set out in subsections (4)(b) and (4)(c) at least 14 days before each of the second, third and fourth instalments are due.

(4B)Despite anything to the contrary in section 167, a failure to comply with subsection (4)(d) or (4A) alters the date on which the relevant payment is due to a day specified by the Council in the notice which is not less than 14 days after the date on which the notice relating to that payment is sent.

(5)If a Council has declared more than one general rate, municipal charge, service rate or service charge for the year, it may levy any of those rates or charges as a combined rate or charge.

(6)A Council must, as far as is practicable, levy all general rates, municipal charges, service rates and service charges which are declared in a financial year in the same financial year.

158ARates and charges to be levied on each occupancy

(1)If the Council levies a rate or charge on any land, the Council must separately levy that rate or charge in respect of each portion of that land for which the Council has a separate valuation.

(2)If a valuation treats as a single rateable entity land that is owned separately by 2 or more people, a Council may apportion any rates or charges that apply to that land in accordance with the value that each separately owned parcel of that land bears in relation to the value of that land as a whole.

159Municipal charge

(1)A Council may declare a municipal charge to cover some of the administrative costs of the Council.

(2)A Council's total revenue from a municipal charge in a financial year must not exceed 20 per cent of the sum total of the Council's—

(a)total revenue from a municipal charge; and

(b)total revenue from general rates—

in that financial year.

(3)A person may apply to a Council for an exemption from the payment of a municipal charge on rateable land if—

(a)the rateable land in respect of which the exemption is claimed is farm land within the meaning of section 2(1) of the Valuation of Land Act 1960 or would be farm land if it were 2 hectares or more in area; and

(b)the rateable land forms part of a single farm enterprise; and

(c)an exemption is not claimed in respect of at least one other rateable property which forms part of the single farm enterprise; and

(d)in the case of a single farm enterprise which is occupied by more than one person, an exemption is not claimed in respect of more than one principal place of residence.

(4)In subsection (3)—

single farm enterprise means 2 or more rateable properties—

(a)which—

(i)are farm land; and

(ii)are farmed as a single enterprise; and

(iii)are occupied by the same person or persons—

whether or not the properties are contiguous; or

(b)which—

(i)as to all the properties except one, are farm land farmed as a single enterprise occupied by the same person or persons; and

(ii)as to one property contiguous with at least one of the other properties, is the principal place of residence of that person or one of those persons.

(5)An application must be in the form and made within the period determined by the Council.

(6)The Council may require the applicant—

(a)to give further particulars; or

(b)to verify particulars—

in relation to the application.

160Uniform rate

If a Council declares that general rates will be raised by the application of a uniform rate—

(a)the Council must specify a percentage as the uniform rate; and

(b)the general rate for any rateable land is to be determined by multiplying the value of the land (as determined under the valuation system used by the Council) by that percentage.

161Differential rates

(1)A Council may raise any general rates by the application of a differential rate if it uses the capital improved value system of valuing land.

(2)If a Council declares a differential rate for any land, the Council must—

(a)specify the objectives of the differential rate which must include the following—

(i)a definition of the types or classes of land which are subject to the rate and a statement of the reasons for the use and level of that rate in relation to those types or classes of land;

(ii)an identification of the types or classes of land which are subject to the rate in respect of the uses, geographic location (other than location on the basis of whether or not the land is within a specific ward in the Council's municipal district) and planning scheme zoning of the land and the types of buildings situated on it and any other criteria relevant to the rate;

(iii)if there has been a change in the valuation system, any provision for relief from a rate for certain land to ease the transition for that land; and

(b)specify the characteristics of the land which are the criteria for declaring the differential rate.

(2A)A Council must have regard to any Ministerial guidelines made under subsection (2B) before declaring a differential rate for any land.

(2B)The Minister may, by notice published in the Government Gazette, make guidelines for or with respect to—

(a)the objectives of differential rating;

(b)suitable uses of differential rating powers;

(c)the types or classes of land that are appropriate for differential rating.

(3)A Council which declares a differential rate must ensure that copies of the following information are available on its Internet website and for public inspection at the Council office—

(a)the definition of the types or classes of land which are subject to the rate;

(b)the objectives of the differential rate;

(c)the rate and amount of rates payable in relation to each type or class of land and what proportion of the total rates and charges this represents;

(d)any other information which the Council considers it necessary to make available.

(4)On the recommendation of the Minister, the Governor in Council may by Order in Council prohibit any Council from making a declaration of a differential rate in respect of a type or class of land, if the Minister considers that the declaration would be inconsistent with any guidelines made under subsection (2B).

(5)The highest differential rate in a municipal district must be no more than 4 times the lowest differential rate in the municipal district.

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161ALimited differential rates

(1)This section only applies to a Council that does not use the capital improved value system of valuing land.

(2)The Council may raise general rates by applying a differential rate in relation to farm land, urban farm land or residential use land across the whole of the municipal district or between particular wards but in the case of particular wards only if—

(a)the farm rate, urban farm rate or residential use rate is applied on the basis of whether or not any land is within a specific ward in the Council's municipal district; and

(b)a majority of the Councillors for any such ward which is to be subject to the higher differential rate agree to that differential rate.

(3)If a Council declares a differential rate under this section, sections 161(2), (3) and (5) apply in respect of the declaration.

162Service rate and service charge

(1)A Council may declare a service rate or an annual service charge or any combination of such a rate and charge for any of the following services—

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(b)waste, recycling or resource recovery services;

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(d)any other prescribed service.

(2)A service rate or service charge may be declared on the basis of any criteria specified by the Council in the rate or charge.

163Special rate and special charge

(1)A Council may declare a special rate, a special charge or a combination of both only for the purposes of—

(a)defraying any expenses; or

(b)repaying (with interest) any advance made to or debt incurred or loan raised by the Council—

in relation to the performance of a function or the exercise of a power of the Council, if the Council considers that the performance of the function or the exercise of the power is or will be of special benefit to the persons required to pay the special rate or special charge.

(1A)A Council must not make a declaration under subsection (1) unless it has given public notice of its intention to make the declaration at least 28 days before making the declaration.

(1B)In addition to any other requirements specified by this Act, the public notice must—

(a)contain an outline of the proposed declaration; and

(b)set out the date on which it is proposed to make the declaration; and

(c)advise that copies of the proposed declaration are available for inspection at the Council office for at least 28 days after the publication of the notice; and

(d)advise that the proposed declaration will expire if the special rate or special charge is not levied to each person liable to pay it within 12 months after the day on which the declaration to which the rate or charge relates is made.

(1C)A Council must send a copy of the public notice to each person who will be liable to pay the special rate or special charge within 3 working days of the day on which the public notice is published.

(2)Before making a declaration under subsection (1), the Council must determine—

(a)the total amount of the special rates and special charges to be levied; and

(b)the criteria to be used as the basis for declaring the special rates and special charges.

(2A)For the purpose of subsection (2)(a) the total amount of the special rates and special charges to be levied must not exceed the amount calculated in accordance with the formula—

R ´ C = S

where—

Ris the benefit ratio determined by the Council in accordance with subsection (2B);

Cis the total cost of the performance of the function or the exercise of the power under subsection (1);

Sis the maximum total amount that may be levied from all the persons who are liable to pay the special rates or special charges.

(2B)The benefit ratio is the estimated proportion of the total benefits of the scheme to which the performance of the function or the exercise of the power relates, including special benefits and community benefits, that will accrue as special benefits to all the persons who are liable to pay the special rates or special charges.

(2BA)A Council must not make a declaration under subsection (1) which has been altered from the proposed declaration specified in the public notice if the effect of the alteration is to increase the liability of any person to pay the special rate or special charge to be imposed by the proposed declaration unless—

(a)the alteration is made in response to a submission or objection received by the Council in response to the proposed declaration; and

(b)the increase in the liability of any person to pay the special rate or special charge does not exceed 10%.

(2C)The Minister may make guidelines for the purposes of subsections (2), (2A) and (2B).

(2D)Guidelines made under subsection (2C) must be published in the Government Gazette.

(3)The Council must specify in the declaration—

(a)the wards, groups, uses or areas for which the special rate or special charge is declared; and

(ab)a description of the function to be performed or the power to be exercised; and

(ac)the total cost of the performance of the function or the exercise of the power; and

(ad)the total amount of the special rates and special charges to be levied; and

(b)the land in relation to which the special rate or special charge is declared; and

(c)the manner in which the special rate or special charge will be assessed and levied; and

(d)details of the period for which the special rate or special charge remains in force; and

(e)that the declaration expires if the special rate or special charge is not levied to each person liable to pay it within 12 months after the day on which the declaration to which the rate or charge relates is made.

(4)A Council must—

(a)levy a special rate or special charge within 12 months after the day on which the declaration under subsection (1) to which the rate or charge relates is made; and

(b)levy the special rate or special charge by sending a notice to each person liable to pay it.

(4A)If a special rate or special charge is not levied to each person liable to pay it within 12 months after the day on which the declaration to which the rate or charge relates is made, the declaration expires.

(5)The notice under subsection (4)(b) must contain—

(a)the prescribed information; and

(b)a statement about when the special rate or special charge is payable; and

(c)details of the period for which the special rate or special charge remains in force.

(6)A Council may use the money from a special rate or special charge for any or all of the following—

(a)any purpose for which the rate or charge was made and the purchase of land and materials required for that purpose (including land acquired before the Council declared the rate or charge);

(b)repayment of money borrowed for anything mentioned in paragraph (a) and of interest on that money;

(c)maintenance and repair of damage, management, advertising or security; and

(d)any expenses related—

(i)to anything mentioned in paragraphs (a) to (c); or

(ii)to the declaration or levying of the rate or charge.

(7)If a private street (within the meaning of section 575(1) of the Local Government Act 1958) is constructed wholly or partly at the cost of the owners or occupiers of any land which abuts or fronts the street, the Council may not at any future time recover any further costs in respect of the construction of a component of the private street if that component has been previously constructed to the satisfaction of the Council from the owners or occupiers of the land under this section by way of a special rate or special charge.

(8)For the purposes of subsection (7) and section 221(6), construct and component have the same meanings as in section 12 of the Local Government (Consequential Provisions) Act 1989.

(9)For the purposes of subsections (1) and (6), expenses does not include any expenses incurred or anticipated to be incurred which relate to any proceedings or anticipated proceedings before VCAT, including an application for review under section 185 or an application for a declaration under section 185AA.

163ASubmissions concerning special rates and charges

A person may make a submission under section 223 in relation to a Council's proposal to make a declaration under section 163.

163BObjection process relating to certain special rates and charges

(1)Subject to subsection (2), a Council can only make a declaration under section 163(1) to levy a special rate or special charge to recover an amount that exceeds two thirds of the total cost of the performance of the function or the exercise of the power in accordance with this section.

(2)This section does not apply if the scheme to which the performance of the function or the exercise of the power relates is—

(a)a drainage scheme that the Council has declared is required for reasons of public health; or

(b)a scheme of a type prescribed by the regulations as a scheme to which this section does not apply.

(3)Before a Council can make a declaration to which this section applies, the Council must in the public notice to be published under section 163(1A) state—

(a)which persons have a right to object to the proposed declaration; and

(b)how those persons may object; and

(c)that objections in writing must be lodged with the Council within 28 days of the day on which the public notice is published.

(4)Any person who will be required to pay the special rate or special charge to be imposed by the proposed declaration is entitled to exercise the right of objection conferred by this section.

(5)For the purposes of subsection (4), a person who is an occupier is entitled to exercise the right of objection conferred by this section if the person submits documentary evidence with the objection which shows that it is a condition of the lease under which the person is an occupier that the occupier is to pay the special rate or special charge.

(6)A Council can not make a declaration if the Council receives objections from persons who will be required to pay the special rate or special charge in respect of a majority of the rateable properties in respect of which the special rate or special charge would be imposed.

(7)The right of objection conferred by this section is in addition to the right to make a submission under section 163A but if the Council receives objections from persons who will be required to pay the special rate or special charge in respect of a majority of the rateable properties in respect of which the special rate or special charge would be imposed, the Council can discontinue the process under that section.

164Discontinuance of the works and projects for a special rate or special charge

(1)After complying with the procedure for the levying of a special rate or special charge a Council may—

(a)discontinue the whole or part of any purpose for which it is charging the special rate or special charge; or

(b)resolve not to proceed with the purchase of any land for any such purpose.

(2)A Council must ensure that those persons who are liable to pay a special rate or special charge referred to in subsection (1) are notified of any decision under that subsection.

165Receipt of excess money

If a Council receives more money than it requires from the special rate or special charge, it must make a refund which is proportionate to the contributions received by the Council to the current owners of the relevant land.

166Variation of special rate or special charge

(1)A special rate or special charge—

(a)remains in force for the period specified in the declaration of it without any further declaration in any subsequent year; and

(b)may be varied in relation to—

(i)the amount to be paid; and

(ii)the persons on whom it is levied (except as is specifically provided under section 178 or 180); and

(iii)the land to which it applies.

(2)A Council must ensure that those persons who are liable to pay a special rate or special charge which is varied are notified if it is varied.

(3)If a variation of a special rate or special charge will result in—

(a)persons being required to pay a special rate or special charge who were not previously required to do so; or

(b)an increase equal to or greater than 10% in the amount of the special rate or special charge payable by a person—

a Council must comply with subsections (1A), (1B) and (1C) of section 163 as if the variation were a declaration.

(4)If subsection (3) applies, a person may make a submission under section 223.

Division 2—Payment of rates and charges

167Payment of rates and charges

(1)A Council must allow a person to pay a rate or charge (other than a special rate or charge) in 4 instalments.

(2)An instalment is due and payable on the date fixed by the Minister by notice published in the Government Gazette.

(2A)A Council may allow a person to pay a rate or charge in a lump sum.

(2B)If allowed, a lump sum payment of general rates, municipal charges, service rates or service charges is due and payable on the date fixed by the Minister by notice published in the Government Gazette.

(2C)Any notice published by the Minister under subsection (2) or (2B)(or any variation of such a notice) must be published at least 3 months before the start of the financial year in respect of which the rate or charge is levied.

(3)A special rate or special charge is due and must be paid by the date specified in the notice requiring payment, which is a date not less than 28 days after the date of issue of a notice.

(4)A person who is liable to pay a special rate or special charge must pay the special rate or special charge—

(a)as a lump sum; or

(b)if the Council has provided an instalment plan and the person has elected to pay the special rate or special charge in accordance with the instalment plan, in accordance with the instalment plan.

(5)If the performance of the function or the exercise of the power in respect of which a special rate or special charge is to be levied relates substantially to capital works, the Council must provide an instalment plan in accordance with subsection (6).

(6)An instalment plan—

(a)must provide for instalments to be paid over a period of at least 4 years;

(b)may include in the amount of an instalment a component for reasonable interest costs the total of which must not exceed the estimated borrowing costs of the Council in respect of the performance of the function or the exercise of the power in respect of which the special rate or special charge is to be levied by more than 1%.

168Incentives for prompt payment

(1)At the meeting at which a Council declares any rates or charges, the Council may declare that incentives are to be given by it for the payment of those rates and charges before the due date and must include in the declaration details of the circumstances in which an incentive will be given.

(2)A notice requiring payment of a rate or charge must specify any incentives.

169Rebates and concessions

(1)A Council may grant a rebate or concession in relation to any rate or charge—

(a)to assist the proper development of the municipal district; or

(b)to preserve buildings or places in the municipal district which are of historical or environmental interest; or

(c)to restore or maintain buildings or places of historical, environmental, architectural or scientific importance in the municipal district; or

(d)to assist the proper development of part of the municipal district.

(1AA)In addition to the power in subsection (1), a Council may grant a rebate or concession in relation to any rate or charge if—

(a)the land in relation to which the rate or charge applies is being used for a public benefit; and

Examples

Examples of a public benefit are charitable, religious, educational or social support services.

(b)that land is being used for the direct provision of goods or services to the public, or a substantial portion of the public, free of charge or for a nominal charge; and

(c)that land is not used, or will not be used, primarily for the purposes of the distribution of profit to an owner, member or shareholder of an entity, whether—

(i)as part of the operation of the entity; or

(ii)from winding up the entity; or

(iii)from the estimated annual value of the land.

(1A)A Council resolution granting a rebate or concession under this section must specify the benefit to the community as a whole resulting from the rebate or concession.

(1B)Unless subsection (1D) applies, a Council may only grant a rebate or concession—

(a)to owners of specified rateable properties not exceeding one third of the rateable properties in the municipal district; or

(b)to owners of rateable properties who undertake to satisfy terms that directly relate to the community benefit as are specified by the Council.

(1C)If subsection (1B)(a) applies and subsection (1B)(b) does not apply, a person may make a submission under section 223.

(1D)Without limiting subsection (1) or (1AA), a Council may grant a rebate or concession in relation to any rate or charge, to support the provision of affordable housing, to a registered agency.

(2)If a person granted a rebate or concession has not complied with the terms on which the rebate or concession was granted, the Council must by a notice sent to the person—

(a)require the payment of the whole or part of the rate or charge by a specified date; and

(b)require the payment of interest for the late payment of the rate or charge, as if the rebate or concession had not been granted.

(3)In this section—

estimated annual value has the same meaning as it has in the Valuation of Land Act 1960;

registered agency has the same meaning as it has in section 4(1) of the Housing Act 1983.

170Deferred payment

(1)A Council may defer in whole or in part the payment by a person of any rate or charge which is due and payable for a specified period and subject to any conditions determined by the Council if it considers that an application by that person shows that the payment would cause hardship to the person.

(2)On deferral of the payment the person who is liable to make the payment is not liable until the Council sends the person a notice under subsection (3).

(3)A Council may by a notice sent to a person—

(a)require that person to pay the whole or part of any deferred rate or charge by a specified date if—

(i)it considers that the person's circumstances have so changed that the payment would no longer cause hardship to the person; or

(ii)the person no longer owns or occupies the land in relation to which the rate or charge was levied; and

(b)require the payment of interest for the late payment of the rate or charge, as if the deferral had not occurred.

171Waiver

(1)The Council may waive the whole or part of any rate or charge or interest in relation to—

(a)an eligible recipient under subsection (4); or

(b)any other class of persons determined by the Council for the purpose of waiving rates or charges on the grounds of financial hardship.

(2)A resolution of the Council for the purposes of subsection (1)(b) must include the objectives to be achieved by the waiver.

*                *                *                *                *

(4)The following provisions apply to the waiver of the whole or part of any rates or charges or interest in relation to eligible recipients within the meaning of the State Concessions Act 2004 who are entitled to be granted a concession under a relevant concession order made under that Act—

*                *                *                *                *

(b)a person may only apply for a waiver in respect of rateable land or a part of rateable land which is used exclusively for residential purposes by that person and is that person's sole or principal place of residence;

(ba)in addition, if the person does not own the land or part, he or she may only apply for a waiver if—

(i)he or she is liable to pay those rates or charges or interest (or an amount in place of, or on account of, those rates or charges or interest), whether under an agreement with the owner or for any other reason; or

(ii)he or she holds a residence right in a retirement village (as defined in the Retirement Villages Act 1986); or

(iii)he or she made a valid application in respect of the land under section 298(1A) of the Local Government Act 1958, or continued to have a valid application under section 298(1AC) of that Act, in the 12 months immediately before the commencement of this section;

(c)a person may make only one application for each rating period in respect of the same rateable land or same part of rateable land;

(d)an application must be in the form approved by the Minister administering the State Concessions Act 2004 and must be made on or before 30 April in the financial year in respect of the rate or charge for which the waiver is sought, but the Minister administering the State Concessions Act 2004 may approve late applications or extend the closing date for applications, either generally or specifically;

(e)the Council must, on receipt of an application which complies with this subsection, waive the amount which is in accordance with the concession order;

(f)subject to the approval of the Minister administering the State Concessions Act 2004, a Council which waives an amount in respect of rateable land or a part of rateable land under this subsection may decide to treat the person who was granted the waiver as having made a continuing application for a waiver in respect of the rateable land or part, unless the person advises the Council that a waiver is no longer sought.

Assent Date:	16.11.04
Commencement Date:	S. 49 on 23.5.05: Government Gazette 19.5.05 p. 930
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

State Concessions Act 2004, No. 82/2004

Assent Date:	16.11.04
Commencement Date:	S. 13(Sch. item 5) on 1.3.05: s. 2(2)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 117) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Statute Law Revision Act 2005, No. 10/2005

Assent Date:	27.4.05
Commencement Date:	S. 3(Sch. 1 item 14) on 28.4.05: s. 2
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 61) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Electoral Legislation (Further Amendment) Act 2005, No. 38/2005

Assent Date:	27.7.05
Commencement Date:	S. 21 on 28.7.05: s. 2
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government (Amendment) Act 2005, No. 41/2005

Assent Date:	27.7.05
Commencement Date:	28.7.05: s. 2
Current State:	All of Act in operation

Local Government (Further Amendment) Act 2005, No. 53/2005

Assent Date:	13.9.05
Commencement Date:	S. 14 on 13.9.05: s. 2
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Statute Law (Further Revision) Act 2006, No. 29/2006

Assent Date:	6.6.06
Commencement Date:	S. 3(Sch. 1 item 18) on 7.6.06: s. 2(1)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Energy Legislation (Miscellaneous Amendments) Act 2006, No. 31/2006

Assent Date:	13.6.06
Commencement Date:	S. 10 on 14.6.06: s. 2(1), s. 11 on 1.4.07: s. 2(2)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 30) on 1.7.06: Government Gazette 29.6.06 p. 1315
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Payroll Tax Act 2007, No. 26/2007

Assent Date:	26.6.07
Commencement Date:	S. 113 on 1.7.07: s. 2(1)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008

Assent Date:	11.2.08
Commencement Date:	S. 57 on 12.2.08: s. 2(1)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 38) on 1.12.08: s. 2(2)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government Amendment (Elections) Act 2008, No. 35/2008

Assent Date:	5.8.08
Commencement Date:	Ss 3–38 on 15.8.08: s. 2
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government Amendment (Councillor Conduct and Other Matters) Act 2008, No. 67/2008

Assent Date:	18.11.08
Commencement Date:	Ss 4–19, 26–84 on 19.11.08: s. 2(1); ss 20–25 on 2.12.08: Government Gazette 27.11.08 p. 2755
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government Amendment (Conflicting Duties) Act 2009, No. 53/2009

Assent Date:	8.9.09
Commencement Date:	9.9.09: s. 2
Current State:	All of Act in operation

Local Government Amendment (Offences and Other Matters) Act 2009, No. 64/2009

Assent Date:	17.11.09
Commencement Date:	Ss 36–61 on 8.12.09: Special Gazette (No. 455) 8.12.09 p. 1; ss 4–35 on 1.2.10: Special Gazette (No. 455) 8.12.09 p. 1
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Planning Legislation Amendment Act 2009, No. 66/2009

Assent Date:	17.11.09
Commencement Date:	S. 8 on 18.11.09: s. 2
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 80) on 1.1.10: Government Gazette 10.12.09 p. 3215
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 2 item 31) on 1.1.10: s. 2(2)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Valuation of Land Amendment Act 2009, No. 94/2009

Assent Date:	15.12.09
Commencement Date:	S. 31 on 1.5.10: s. 2(2)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

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 6), 203(1)(Sch. 6 item 29) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Equal Opportunity Act 2010, No. 16/2010

Assent Date:	27.4.10
Commencement Date:	S. 209(Sch. item 4) on 1.8.11: s. 2(4)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government and Planning Legislation Amendment Act 2010, No. 58/2010

Assent Date:	14.9.10
Commencement Date:	Ss 3–34 on 24.9.10: Government Gazette 23.9.10 p. 2186
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Marine Safety Act 2010, No. 65/2010

Assent Date:	28.9.10
Commencement Date:	S. 420(Sch. 3 item 9) on 1.7.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 55) on 22.6.11: s. 2(1)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government Amendment (Electoral Matters) Act 2011, No. 44/2011

Assent Date:	6.9.11
Commencement Date:	Ss 3–8 on 1.1.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date:	1.5.12
Commencement Date:	S. 226(Sch. 5 item 19) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Primary Industries and Food Legislation Amendment Act 2012, No. 60/2012

Assent Date:	23.10.12
Commencement Date:	S. 71 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government Legislation Amendment (Miscellaneous) Act 2012, No. 63/2012

Assent Date:	30.10.12
Commencement Date:	Ss 3–19, 21, 24–28 on 31.10.12: s. 2(1); ss 20, 22, 23 on 1.7.13: s. 2(3)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Planning and Environment Amendment (General) Act 2013, No. 3/2013

Assent Date:	19.2.13
Commencement Date:	Ss 7, 13 on 22.7.13: Special Gazette (No. 250) 2.7.13 p. 1
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Statute Law Amendment (Directors' Liability) Act 2013, No. 13/2013

Assent Date:	13.3.13
Commencement Date:	Ss 33–36 on 14.3.13: s. 2
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Heavy Vehicle National Law Application Act 2013, No. 30/2013

Assent Date:	4.6.13
Commencement Date:	S. 60(Sch. item 6) on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 22) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government Amendment (Performance Reporting and Accountability) Act 2014, No. 5/2014

Assent Date:	11.2.14
Commencement Date:	Ss 4–10, 11(2)–(5), 12, 15, 16 on 18.4.14: s. 2(1); ss 11(1), 13, 14 on 1.1.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 57) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 99) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Filming Approval Act 2014, No. 51/2014

Assent Date:	12.8.14
Commencement Date:	S. 9(Sch. 2 item 8) on 1.3.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 29) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 24) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government Legislation Amendment (Environmental Upgrade Agreements) Act 2015, No. 39/2015

Assent Date:	8.9.15
Commencement Date:	Ss 3, 4 on 1.11.15: Special Gazette (No. 317) 27.10.15 p. 1
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government Amendment (Improved Governance) Act 2015, No. 53/2015

Assent Date:	27.10.15
Commencement Date:	Ss 6, 7, 9, 11, 64, 65 on 18.11.15: Special Gazette (No. 349) 18.11.15 p. 1; ss 4, 5, 8, 10, 12, 14–55, 57–63, 66–76 on 1.3.16: Special Gazette (No. 25) 23.2.16 p. 1; ss 13, 56 on 1.9.16: s. 2(2)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government Amendment (Fair Go Rates) Act 2015, No. 65/2015

Assent Date:	1.12.15
Commencement Date:	Ss 3–9 on 2.12.15: s. 2
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016

Assent Date:	31.5.16
Commencement Date:	S. 83 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government Amendment Act 2016, No. 46/2016

Assent Date:	31.8.16
Commencement Date:	S. 3 on 31.8.16: s. 2
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:	16.5.17
Commencement Date:	S. 134(Sch. 1 item 11) on 1.9.17: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Local Government Act 1989

Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017

Assent Date:	26.9.17
Commencement Date:	Ss 79, 80 on 1.12.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

State Taxation Acts Further Amendment Act 2017, No. 67/2017

Assent Date:	19.12.17
Commencement Date:	S. 78 on 20.12.17: s. 2(4)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 80) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018

Assent Date:	29.5.18
Commencement Date:	Ss 16, 17 on 30.5.18: s. 2
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Building Amendment (Registration of Building Trades and Other Matters) Act 2018, No. 46/2018

Assent Date:	25.9.18
Commencement Date:	S. 79 on 30.10.18: s. 2(2)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019

Assent Date:	5.3.19
Commencement Date:	Ss 102–104 on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019

Assent Date:	2.7.19
Commencement Date:	S. 180 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1
CurrentState:	This information relates only to the provision/s amending the Local Government Act 1989

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 25) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government Act 2020, No. 9/2020[1]

Assent Date:	24.3.20
Commencement Date:	Ss 358, 359, 363, 364 on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 360 on 1.5.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 361 on 24.10.20: s. 2(3)(e); s. 362 on 1.7.21: s. 2(4)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Great Ocean Road and Environs Protection Act 2020, No. 19/2020[2]

Assent Date:	23.6.20
Commencement Date:	Ss 93, 94 on 1.12.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Local Government Act 1989

Justice Legislation Miscellaneous Amendments Act 2020, No. 22/2020

Assent Date:	30.6.20
Commencement Date:	S. 6 on 1.7.20: s. 2
CurrentState:	This information relates only to the provision/s amending the Local Government Act 1989

Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021

Assent Date:	19.10.21
Commencement Date:	Ss 98, 99 on 1.9.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government Legislation Amendment (Rating and Other Matters) Act 2022, No. 30/2022

Assent Date:	9.8.22
Commencement Date:	Ss 3–18 on 20.6.23: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Local Government Act 1989

State Taxation Acts and Other Acts Amendment Act 2023, No. 38/2023

Assent Date:	12.12.23
Commencement Date:	S. 14 on 13.12.23: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Local Government Act 1989

Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024, No. 9/2024

Assent Date:	26.3.24
Commencement Date:	S. 30 on 26.3.25: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Local Government Act 1989

Local Government Amendment (Governance and Integrity) Act 2024, No. 23/2024

Assent Date:	25.6.24
Commencement Date:	S. 73 on 26.6.24: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Local Government Act 1989

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 21) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Local Government Act 1989

State Taxation Further Amendment Act 2024, No. 50/2024

Assent Date:	3.12.24
Commencement Date:	S. 97 on 4.12.24: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Local Government Act 1989

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	Ss 102, 106(Sch. 1 item 23) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Local Government Act 1989

Financial Management Legislation Amendment Act 2025, No. 30/2025

Assent Date:	19.8.25
Commencement Date:	S. 25 on 20.8.25: s. 2
CurrentState:	This information relates only to the provision/s amending the Local Government Act 1989

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3   Explanatory details

[1] Table of Amendments (Local Government Act 2020): The amendment proposed by section 361(k) of the Local Government Act 2020, No. 9/2020 is not included in this publication due to the earlier repeal of sections 223BA to 223BM by section 361(j).

Section 361(k) reads as follows:

361Provisions repealed on the commencement specified in section 2(3)

The following provisions of the Local Government Act 1989 are repealed on the commencement specified in section 2(3)—

(k)sections 223BA to 223BM.

[2] Table of Amendments (Great Ocean Road and Environs Protection Act 2020): The amendment proposed by section 94 of the Great Ocean Road and Environs Protection Act 2020, No. 19/2020 is not included in this publication due to the earlier repeal of section 3H by section 359(b) of Local Government Act 2020, No. 9/2020.

Section 94 reads as follows:

94New section 3I inserted

After section 3H of the Local Government Act 1989 insert—

"3I Obligations of Councils in relation to the Great Ocean Road region

(1)A Council that is a responsible entity within the meaning of the Great Ocean Road and Environs Protection Act 2020, when performing a function or duty or exercising a power under this Act—

(a)must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Council in relation to the Great Ocean Road scenic landscapes area; and

(b)must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and

(c)must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Council in relation to the Great Ocean Road region.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.