Planning and Environment (Public Land Contributions) Transitional Regulations 2018 (Vic)
Version No. 001
Planning and Environment (Public Land Contributions) Transitional Regulations 2018
S.R. No. 92/2018
Version as at
2 July 2018
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Definitions
5Collecting agencies and development agencies
6Continued operation of old scheme infrastructure contributions plans
7ICP plan area
8Infrastructure levies under old scheme infrastructure contributions plans are taken to be infrastructure contributions
9Contents of infrastructure contributions plans
10Supplementary levy in transitioned infrastructure contributions plans
11Different rates of infrastructure levy
12Land provided in satisfaction of infrastructure levy is taken to be provision of inner public purpose land
13Expiry of transitioned infrastructure contributions plans
14Expiry
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Planning and Environment (Public Land Contributions) Transitional Regulations 2018
S.R. No. 92/2018
Version as at
2 July 2018
1Objectives
The objectives of these Regulations are—
(a)to continue the operation of infrastructure contributions plans incorporated into planning schemes under Part 3AB of the Planning and Environment Act 1987 until 1 September 2020 despite the substitution of that Part by section 10 of the Planning and Environment Amendment (Public Land Contributions) Act 2018; and
(b)to provide for infrastructure levies imposed under infrastructure contributions plans in accordance with Part 3AB of the Planning and Environment Act 1987 to be taken to be infrastructure contributions imposed under Part 3AB as substituted by the Planning and Environment Amendment (Public Land Contributions) Act 2018; and
(c)to make provision for transitional arrangements in relation to infrastructure contributions plans and related matters as a consequence of the enactment of the Planning and Environment Amendment (Public Land Contributions) Act 2018.
2Authorising provision
These Regulations are made under section 224 of the Planning and Environment Act 1987.
3Commencement
These Regulations come into operation on 2 July 2018.
4Definitions
In these Regulations—
amending Act means the Planning and Environment Amendment (Public Land Contributions) Act 2018;
commencement day means the day on which section 10 of the amending Act comes into operation;
new provision means a provision of Part 3AB of the Act as in force on and after the commencement day;
new scheme infrastructure contributions plan means an infrastructure contributions plan that is incorporated in a planning scheme under section 46GG of the Act;
old provision means a provision of Part 3AB of the Act as in force immediately before the commencement day;
old scheme infrastructure contributions plan means an infrastructure contributions plan that immediately before the commencement day was included in a planning scheme under section 46GB of the Act (as in force immediately before the commencement day);
old scheme Minister's direction means a Minister's direction—
(a)issued under section 46GF of the Act (as in force immediately before the commencement day); and
(b)in effect immediately before that day;
the Actmeans the Planning and Environment Act 1987;
transitioned infrastructure contributions planmeans an old scheme infrastructure contributions plan which under regulation 6 is taken to be a new scheme infrastructure contributions plan.
5Collecting agencies and development agencies
(1)On the commencement day, a collecting agency within the meaning of Part 3AB of the Act (as in force immediately before the commencement day) is taken to be a collecting agency within the meaning of Part 3AB of the Act.
(2)On the commencement day, a development agency within the meaning of Part 3AB of the Act (as in force immediately before the commencement day) is taken to be a development agency within the meaning of Part 3AB of the Act.
6Continued operation of old scheme infrastructure contributions plans
(1)On the commencement day, an old scheme infrastructure contributions plan is taken to be a new scheme infrastructure contributions plan.
(2)For the purposes of subregulation (1)—
(a)works, services or facilities of the kind referred to in section 46GB(1)(a) of the Act (as in force immediately before the commencement day) are taken, on the commencement day, to be works, services or facilities of the kind referred to in section 46GG(1)(a) of the Act; and
(b)costs and expenses incurred by the planning authority (other than the Victorian Planning Authority) of the kind referred to in section 46GB(1)(b) of the Act (as in force immediately before the commencement day) are taken, on the commencement day, to be costs and expenses of the kind referred to in section 46GG(1)(c) of the Act.
7ICP plan area
On and after the commencement day, a reference in a transitioned infrastructure contributions plan to land in the area to which the plan applies is taken to be a reference to land in the ICP plan area.
8Infrastructure levies under old scheme infrastructure contributions plans are taken to be infrastructure contributions
(1)Without limiting regulation 6 or 7, a transitioned infrastructure contributions plan that, before the commencement day, provided, in accordance with section 46GD of the Act (as in force immediately before the commencement day), for the imposition of an infrastructure levy in relation to the development of land is taken, on and after that day, to provide that an infrastructure contribution is imposed in relation to the development of land for the purposes of section 46GV(1) of the Act.
(2)For the purposes of subregulation (1)—
(a)an infrastructure levy imposed by a transitioned infrastructure contributions plan in accordance with section 46GD of the Act (as in force immediately before the commencement day) is taken, on the commencement day, to be the monetary component of an infrastructure contribution for the purposes of section 46GD of the Act; and
(b)a standard levy referred to in section 46GD(a) of the Act (as in force immediately before the commencement day) is taken, on the commencement day, to be the standard levy for the purposes of section 46GD(1)(a) of the Act; and
(c)a supplementary levy referred to in section 46GD(b) of the Act (as in force immediately before the commencement day) is taken, on the commencement day, to be the supplementary levy for the purposes of section 46GD(1)(b) of the Act.
9Contents of infrastructure contributions plans
(1)Without limiting regulation 6 or 8, if a transitioned infrastructure contributions plan specifies, sets out or provides for a matter required to be specified, set out or provided for under an old provision set out in column 2 of the Table, that matter, on the commencement day, is taken to be a matter required to be specified, set out or provided for under the new provision set out in column 3 of the Table opposite the old provision.
Table
Column 1
Item
Column 2
Old provision
Column 3
New provision
1 section 46GE(1)(a) section 46GI(1)(a) 2 section 46GE(1)(b) section 46GI(1)(k) 3 section 46GE(1)(c) section 46GI(1)(l) 4 section 46GE(1)(d) section 46GI(1)(b) 5 section 46GE(1)(e) section 46GI(1)(m) 6 section 46GE(1)(f) section 46GI(1)(o) 7 section 46GE(1)(g) section 46GI(1)(p) 8 section 46GE(1)(h) section 46GI(1)(q) 9 section 46GE(1)(i)(i) section 46GI(1)(r)(i) 10 section 46GE(1)(i)(ii) section 46GI(1)(r)(ii) 11 section 46GE(1)(i)(iii) section 46GI(1)(r)(iii) 12 section 46GE(1)(i)(iv) section 46GI(1)(r)(iv) 13 section 46GE(1)(k) section 46GI(1)(t) 14 section 46GE(1)(l) section 46GI(1)(u) 15 section 46GE(1)(m) section 46GI(1)(v) (2)In addition, if a transitioned infrastructure contributions plan includes, pursuant to section 46GE(1)(n) of the Act (as in force immediately before the commencement day), a matter that an old scheme Minister's direction required be included in the plan, that matter is taken, on the commencement day, to be a matter that is required to be included in the plan pursuant to section 46GI(1)(w) of the Act.
(3)To avoid doubt, a transitioned infrastructure contributions plan is not invalid or does not cease to have effect only because it does not specify, set out or provide for every matter required to be specified, set out or provided for under section 46GI(1) of the Act.
10Supplementary levy in transitioned infrastructure contributions plans
(1)This regulation applies if—
(a)under section 46GE(1)(j) of the Act (as in force immediately before the commencement day), a transitioned infrastructure contributions plan specified a method for determining the amount of supplementary levy payable in respect of a development of land in the area to which the plan applies; and
(b)the method included or specified a rate for determining the amount of supplementary levy (a specified rate).
(2)On and after the commencement day, the specified rate is taken to be the supplementary levy rate for that development for the purposes of section 46GI(1)(s) of the Act.
11Different rates of infrastructure levy
(1)If a transitioned infrastructure contributions plan that, before the commencement day, provided, in accordance with section 46GE(2)(a) of the Act (as in force immediately before the commencement day), for different rates of infrastructure levy to be payable in respect of different classes of development of land and types of land in the area to which the plan applies, that plan is taken, on and after that day, to provide, in accordance with section 46GI(2)(a) of the Act, for different rates for the monetary component of the infrastructure contribution to be provided in respect of those classes of development for those types of land in the ICP plan area.
(2)If a transitioned infrastructure contributions plan that, before the commencement day, provided, in accordance with section 46GE(2)(a) of the Act (as in force immediately before the commencement day), for different rates of infrastructure levy to be payable in respect of different classes of development of land in the area to which the plan applies, that plan is taken, on and after that day, to provide, in accordance with section 46GI(2)(a) of the Act, for different rates for the monetary component of the infrastructure contribution to be provided in respect of those different classes of development for the relevant type of land in the ICP plan area.
(3)A lower rate of standard levy provided for in a transitioned infrastructure contributions plan in accordance with section 46GE(2)(b) of the Act (as in force immediately before the commencement day) is taken, on the commencement day, to be a lower rate of standard levy provided for in accordance with section 46GI(2)(b) of the Act.
(4)If, before the commencement day, there is an agreement in effect for the purposes of section 46GE(2)(b)(i) of the Act (as in force immediately before the commencement day), that agreement is taken, on that day, to be an agreement for the purposes of section 46GI(2)(b)(i) of the Act.
(5)If, before the commencement day, the Minister has given a consent for the purposes of section 46GE(2)(b)(ii) of the Act (as in force immediately before the commencement day), that consent is taken, on that day, to be a consent for the purposes of section 46GI(2)(b)(ii) of the Act.
12Land provided in satisfaction of infrastructure levy is taken to be provision of inner public purpose land
On the commencement day, land accepted in accordance with section 46GH(2) of the Act (as in force immediately before the commencement day) by a collecting agency, in part or full satisfaction of the amount of infrastructure levy payable, is taken to be inner public purpose land provided to the collecting agency under section 46GV of the Act.
13Expiry of transitioned infrastructure contributions plans
If a transitioned infrastructure contributions plan has not been revoked or ceased to have effect before 1 September 2020, it ceases to have effect on that day.
14Expiry
These Regulations expire on 1 September 2020.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Planning and Environment (Public Land Contributions) Transitional Regulations 2018, S.R. No. 92/2018 were made on 26 June 2018 by the Governor in Council under section 224 of the Planning and Environment Act 1987, No. 45/1987 and came into operation on 2 July 2018: regulation 3.
The Planning and Environment (Public Land Contributions) Transitional Regulations 2018 will expire on 1 September 2020: see regulation 14.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Planning and Environment (Public Land Contributions) Transitional Regulations 2018 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
No entries at date of publication.
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