Planning and Environment (Development Contributions) Act 2004 (Vic)

Planning and Environment (Development Contributions) Act 2004

Act No. 101/2004

table of provisions

Section  Page

1.Purpose

2.Commencement

3.Definitions

4.Contents of plan

5.Maximum community infrastructure levy increased

6.Directions by Minister regarding standard levies

7.Collection of levies

8.Responsibilities of municipal councils

9.Insertion of new sections 46QA, 46QB and 46QC

46QA.Responsibilities of collecting agencies

46QB.Responsibilities of development agencies

46QC.Recovery of levy as debt

10.What conditions can be put on permits?

11.Amendment to the Building Act 1993

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Endnotes

Planning and Environment (Development Contributions) Act 2004

[Assented to 14 December 2004]

The Parliament of Victoria enacts as follows:

1.Purpose

The main purpose of this Act is to amend the Planning and Environment Act 1987—

(a)to increase the maximum community infrastructure levy that may be required to be paid in respect of the construction of a dwelling; and

(b)to enable Ministers and public authorities (as well as municipal councils) to collect and administer development infrastructure levies and community infrastructure levies; and

(c)to empower the Minister to set standard development infrastructure levies and community infrastructure levies upon which development contributions plans may be based; and

(d)to alter the provisions relating to conditions on planning permits for the provision of, or payment for, works, services or facilities.

2.Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3.Definitions

(1)In section 46H of the Planning and Environment Act 1987 insert the following definitions—

' "collecting agency" means a person specified in a development contributions plan as a person to whom a community infrastructure levy or development infrastructure levy is payable under this Part;

"development agency" means a person specified in a development contributions plan as a person responsible for the provision of works, services or facilities for which a community infrastructure levy or development infrastructure levy or part of a levy is payable under this Part;'.

(2)In section 46H of the Planning and Environment Act 1987 the definition of "relevant municipal council" is repealed.

4.Contents of plan

(1)In section 46K(1) of the Planning and Environment Act 1987—

(a)for paragraph (d) substitute—

"(d)specify in respect of each of the works, services and facilities—

(i)the estimated cost of the works, services or facilities; or

(ii)the standard levy applicable to the works, services or facilities; and";

(b)in paragraph (e), before "specify" insert "unless a standard levy is applied,";

(c)after paragraph (f) insert—

'(fa)specify the Minister, public authority or municipal council to whom or to which the community infrastructure levy or development infrastructure levy is payable under this Part (the "collecting agency"); and

(fb)specify any Minister, public authority or municipal council that is to be responsible for the provision of the works, services or facilities for which the community infrastructure levy or development infrastructure levy or part of that levy is payable under this Part (the "development agency"); and'.

(2)After section 46K(2) of the Planning and Environment Act 1987 insert—

"(3)A development contributions plan may specify the same person to be both a collecting agency and a development agency.".

5.Maximum community infrastructure levy increased

In section 46L(1)(a) of the Planning and Environment Act 1987, for "$450" substitute "$900".

6.Directions by Minister regarding standard levies

After section 46M(2)(f) of the Planning and Environment Act 1987 insert—

"(fa)subject to section 46L(1), specify standard levies for specified types or classes of works, services or facilities;".

7.Collection of levies

In sections 46N, 46O and 46P of the Planning and Environment Act 1987, for "municipal council" (wherever occurring) substitute "collecting agency".

8.Responsibilities of municipal councils

(1)For sections 46Q(1) and 46Q(2) of the Planning and Environment Act 1987 substitute—

"(1)A municipal council must, in accordance with the Local Government Act 1989, keep proper accounts of any amount of levy paid to it as a collecting agency or a development agency under this Part.

(1A)A municipal council to which an amount of levy is paid as a collecting agency under this Part must forward to a development agency any part of the levy that is imposed for the carrying out of works, services or facilities by or on behalf of that development agency.

(2)Subject to this section, a municipal council to which an amount of levy is paid as a development agency under this Part must apply that amount only—

(a)for a purpose relating to the provision of works, services and facilities in respect of which the levy was imposed; and

(b)in accordance with the approved development contributions plan.".

(2)In section 46Q(3) of the Planning and Environment Act 1987, after "paid to it" insert "as a development agency".

(3)In section 46Q(4) of the Planning and Environment Act 1987—

(a)in paragraph (a) after "municipal council" insert "as a development agency";

(b)for "relevant municipal council" substitute "municipal council".

(4)Section 46Q(5) of the Planning and Environment Act 1987 is repealed.

9.Insertion of new sections 46QA, 46QB and 46QC

After section 46Q of the Planning and Environment Act 1987 insert—

'46QA.Responsibilities of collecting agencies

(1)In this section "collecting agency" does not include a municipal council.

(2)A collecting agency must keep proper accounts of any amount of levy paid to it under this Part.

(3)A collecting agency to which an amount of levy is paid under this Part must forward to a development agency any part of the levy that is imposed for the carrying out of works, services or facilities by or on behalf of that development agency.

(4)A collecting agency to which an amount of levy is paid under this Part must pay any part of that amount that it does not forward to a development agency under sub-section (3) into the Consolidated Fund.

Note:A collecting agency will pay an amount of levy into the Consolidated Fund under sub-section (4) if it is also the development agency in respect of that levy.

46QB.Responsibilities of development agencies

(1)In this section "development agency" does not include a municipal council.

(2)A development agency to which an amount of levy is paid under this Part must pay that amount into the Consolidated Fund.

(3)A development agency must keep proper accounts of any amount of levy paid to it under this Part.

(4)Subject to this section, if a development agency pays an amount of levy into the Consolidated Fund under this Part, the development agency must apply that amount only—

(a)for a purpose relating to the provision of works, services or facilities in respect of which the levy was imposed; and

(b)in accordance with the approved development contributions plan.

(5)A development agency may refund any amount of levy paid to it under this Part in respect of a development if it is satisfied that the development is not to proceed.

(6)If—

(a)an amount of levy has been paid to a development agency under this Part for the provision by it of works, services or facilities in an area; and

(b)that amount has not been expended within the period required by the approved development contributions plan—

the development agency must within 6 months after the end of that period—

(c)with the consent of the Minister and in the manner approved by the Minister, pay that amount to the current owners of land in the area; or

(d)in accordance with Part 3, submit to the Minister an amendment to the approved development contributions plan to provide for the expenditure of that amount; or

(e)with the consent of the Minister and in the manner approved by the Minister, expend that amount for the provision of other works, facilities or services in that area.

(7)The Consolidated Fund is appropriated to the extent necessary for the purposes of sub‑sections (4), (5) and (6).

46QC.Recovery of levy as debt

A collecting agency may recover any amount of levy payable to it under this Part as a debt due to that collecting agency in any court of competent jurisdiction.'.

10.What conditions can be put on permits?

For sections 62(5) and 62(6) of the Planning and Environment Act 1987 substitute—

"(5)In deciding to grant a permit, the responsible authority may—

(a)include a condition required to implement an approved development contributions plan; or

(b)include a condition requiring specified works, services or facilities to be provided or paid for in accordance with an agreement under section 173; or

(c)include a condition that specified works, services or facilities that the responsible authority considers necessary to be provided on or to the land or other land as a result of the grant of the permit be—

(i)provided by the applicant; or

(ii)paid for wholly by the applicant; or

(iii)provided or paid for partly by the applicant where the remaining cost is to be met by any Minister, public authority or municipal council providing the works, services or facilities.

(6)The responsible authority must not include in a permit a condition requiring a person to pay an amount for or provide works, services or facilities except—

(a)in accordance with sub-section (5) or section 46N; or

(b)a condition that a planning scheme requires to be included as referred to in sub-section (1)(a); or

(c)a condition that a referral authority requires to be included as referred to in sub-section (1)(a).".

11.Amendment to the Building Act 1993

In section 24(5) of the Building Act 1993, for "municipal council" substitute "collecting agency".

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EndnoteS

Minister's second reading speech—

Legislative Assembly: 4 November 2004

Legislative Council: 1 December 2004

The long title for the Bill for this Act was "to amend the Planning and Environment Act 1987 in relation to development contributions, to amend the Building Act 1993 and for other purposes."