Planning and Environment Amendment (Infrastructure Contributions) Act 2015
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Planning and Environment Amendment
(Infrastructure Contributions) Act 2015
No. 35 of 2015
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2—Amendment of Planning and Environment Act 1987 3
3 Definitions 3
4 New Part 3AB inserted 3
5 Definitions in Part 3B 20
6 Development contributions plan 20
7 Section 46IA substituted 21
8 Contents of plan 21
9 Directions 22
10 Responsibilities of municipal councils 23
11 Responsibilities of collecting agencies 23
12 Responsibilities of development agencies 23
13 New section 46QD inserted 24
14 What conditions can be put on permits? 24
15 Definitions in Part 9B 25
Part 3—Amendment of Subdivision Act 1988 26
16 Council may require public open space 26
Part 4—Repeal of amending Act 27
17 Repeal of amending Act 27
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Endnotes 28
1 General information 28
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Authorised Version
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Planning and Environment Amendment
(Infrastructure Contributions) Act
2015 †
No. 35 of 2015
[Assented to 1 September 2015]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to amend the Planning and Environment
Act 1987—
Victoria
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(i) to provide for a new system for levying
and collecting contributions towards the
provision of infrastructure; and
(ii) to make related consequential
amendments; and
(b) to make a related amendment to the
Subdivision Act 1988.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 June 2016, it comes into
operation on that day.
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Part 2—Amendment of Planning and
Environment Act 1987
3 Definitions
Insert the following definition in section 3(1) of
the Planning and Environment Act 1987—
"precinct structure plan in relation to land means
a precinct structure plan which has been
incorporated by the planning scheme
applying to that land;".
4 New Part 3AB inserted
After Part 3A of the Planning and Environment
Act 1987 insert—
"Part 3AB—Infrastructure
Contributions
46GA Definitions
In this Part—
approved infrastructure contributions plan
means an infrastructure contributions
plan that forms part of an approved
planning scheme;
Note
An infrastructure contributions plan will form
part of an approved planning scheme if it is
incorporated by that planning scheme or forms
part of a precinct structure plan or strategic plan
that is incorporated by that planning scheme.
collecting agency means a person specified
in an infrastructure contributions plan
as a person to whom or to which an
infrastructure levy is payable under this
Part;
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development agency means a person
specified in an infrastructure
contributions plan as a person
responsible for the provision of works,
services or facilities or for the plan
preparation costs for which an
infrastructure levy or part of that levy is
payable under this Part;
development contribution levy means a
development infrastructure levy or
community infrastructure levy that is
payable under Part 3B;
Minister's direction means a direction issued
by the Minister under this Part;
plan preparation costs means the costs
and expenses referred to in
section 46GB(1)(b).
46GB Infrastructure contributions plan
(1) Without limiting section 6, a planning
scheme may include one or more
infrastructure contributions plans for the
purposes of levying contributions to fund—
(a) the provision of works, services and
facilities in relation to the development
of land in the area to which the plan
applies; and
(b) the reasonable costs and expenses
incurred by the planning authority
(other than the Growth Areas
Authority) in preparing the plan and
any strategic plan or precinct structure
plan relating to, or required for, the
preparation of the infrastructure
contributions plan (the plan
preparation costs).
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Note
The planning authority that prepares the
infrastructure contributions plan and related
plans may not be the same planning authority
that subsequently prepares an amendment to the
planning scheme to incorporate the
infrastructure contributions plan.
(2) Subsection (1) is subject to section 46GC.
46GC Plans not to apply to certain growth area
land for provision of State infrastructure
An infrastructure contributions plan must not
be included in a planning scheme if—
(a) the purpose of the plan is to impose an
infrastructure levy in relation to the
development of land in the contribution
area (within the meaning of Part 9B);
and
(b) a development agency responsible for
carrying out any of the works, services
or facilities or for the plan preparation
costs for which the levy is imposed is
not a municipal council.
46GD Plan may impose infrastructure levy
An infrastructure contributions plan may
provide for the imposition of an
infrastructure levy in relation to the
development of land consisting of either or
both of the following—
(a) a standard levy;
(b) a supplementary levy.
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46GE Contents of plan
(1) An infrastructure contributions plan must—
(a) specify the area to which it applies; and
(b) specify the plan preparation costs,
works, services and facilities to be
funded through the plan; and
(c) set out the staging of the provision of
the works, services or facilities to be
funded through the plan; and
(d) specify the land in the area and the
classes of development of land in
respect of which an infrastructure levy
is payable; and
(e) relate the need for the plan preparation
costs, works, services or facilities to be
funded through the plan to the proposed
development of land in the area; and
(f) specify the plan preparation costs,
works, services and facilities to be
funded from the standard levy; and
(g) specify the standard levy rate for each
class of development of land according
to the type of land to be developed; and
(h) specify the method and timing of
annual indexation to be applied to those
standard levy rates; and
(i) specify the following in relation to the
supplementary levy—
(i) the works, services and facilities
to be funded from the
supplementary levy;
(ii) the amount of the plan preparation
costs and the estimated cost of
each of the works, services and
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facilities to be funded from the
supplementary levy;
(iii) the method and timing of annual
indexation to be applied to the
estimated cost of each of the
works, services and facilities to be
funded from the supplementary
levy;
(iv) the proportion of the total of the
costs referred to under
subparagraph (ii) to be funded
from the supplementary levy; and
(j) specify the method for determining the
amount of supplementary levy payable
in respect of any development of land;
and
(k) specify the Minister, public authority or
municipal council to whom or to which
the infrastructure levy is payable under
this Part (the collecting agency); and
(l) specify the Minister, public authority
or municipal council who or which is
to be responsible for the provision of
the works, services or facilities or for
the plan preparation costs for which
an infrastructure levy or part of that
levy is payable under this Part
(the development agency); and
Note
There may be more than one development
agency.
(m) provide for the procedures for the
collection of an infrastructure levy in
respect of any development of land for
which a permit under this Act is not
required; and
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(n) include any other matter required by a
Minister's direction to be included in
the plan.
(2) An infrastructure contributions plan may—
(a) provide for different rates of
infrastructure levy to be payable in
respect of different classes of
development of land or types of land in
the area to which the plan applies; and
(b) provide for a lower rate of standard
levy for the development of a particular
type of land specified in a Minister's
direction than the standard levy rate for
that class of development of land
specified in a Minister's direction if—
(i) the planning authority, the
affected landowners, the
municipal council of the
municipal district in which the
land is located and the
development agency or agencies
specified in the plan agree; or
(ii) the Minister consents.
(3) An infrastructure contributions plan may
specify the same person to be both a
collecting agency and a development agency.
46GF Directions of Minister
(1) The Minister may issue written directions to
planning authorities in relation to the
preparation and content of infrastructure
contributions plans.
(2) Planning authorities must comply with a
direction issued by the Minister under this
section.
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(3) Without limiting subsection (1), the
Minister's directions may—
(a) specify the types of land to which an
infrastructure contributions plan may or
may not apply; and
(b) specify the types of land in respect of
which a standard levy or a
supplementary levy or both of those
levies may or may not be imposed
under an infrastructure contributions
plan; and
(c) specify the classes of development of
land in respect of which a standard levy
or a supplementary levy or both of
those levies may or may not be
imposed under an infrastructure
contributions plan; and
(d) specify the types of plan preparation
costs and works, services and facilities
that may or may not be funded from a
standard levy or a supplementary levy
or both of those levies under an
infrastructure contributions plan; and
(e) specify—
(i) the standard levy rates to be
applied under an infrastructure
contributions plan for each class
of development of land according
to the type of land to be
developed; and
(ii) the method for determining the
amount of the standard levy
payable in respect of a
development of land; and
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(f) specify the method and timing of
annual indexation to be applied to
standard levy rates; and
(g) set out the requirements that a planning
authority must comply with and the
criteria that it must have regard to when
deciding whether to impose a
supplementary levy for the
development of land under an
infrastructure contributions plan; and
(h) specify the method for estimating the
cost of the works, services and facilities
to be funded from a supplementary levy
under an infrastructure contributions
plan; and
(i) specify the method and timing of
annual indexation to be applied to the
estimated cost of each of the works,
services and facilities to be funded from
a supplementary levy under an
infrastructure contributions plan; and
(j) specify the method for determining the
amount of supplementary levy payable
in respect of any development of land
in the area to which an infrastructure
contributions plan applies; and
(k) specify the maximum amount of any
standard levy imposed under an
infrastructure contributions plan that
may be used for the provision of
community and recreation works,
services or facilities according to the
type of land to be developed and the
class of development of that land; and
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(l) specify the method and timing of
annual indexation of the maximum
amount referred to in paragraph (k);
and
(m) specify the maximum proportion of any
standard levy or supplementary levy
imposed under an infrastructure
contributions plan that may be used to
fund plan preparation costs in relation
to that plan; and
(n) specify the type of land to which
section 18(1AB) of the Subdivision
Act 1988 applies; and
(o) specify the method for valuing land that
has been provided under section 46GH
and that is to be set aside for public
purposes under an infrastructure
contributions plan; and
(p) specify requirements for the staging
and timing of the provision of works,
services and facilities funded by an
infrastructure contributions plan; and
(q) specify any other information to be
included in an infrastructure
contributions plan.
(4) The Minister must cause a notice to be
published in the Government Gazette of all
directions issued under this section.
(5) Part 2A of the Subordinate Legislation Act
1994 does not apply to the first direction
issued and published under this section.
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46GG Collection of infrastructure levy
(1) Without limiting section 62, if—
(a) an approved infrastructure
contributions plan provides that an
infrastructure levy is payable in respect
of the development of any land; and
(b) an application is made under this Act
for a permit to carry out that
development on that land—
the responsible authority must include a
condition in the permit that the applicant—
(c) pay the amount of the levy to the
relevant collecting agency within a
specified time or within a time
specified by the collecting agency; or
(d) enter into an agreement with the
relevant collecting agency to pay the
amount of the levy within a time
specified in the agreement.
(2) If—
(a) an approved infrastructure
contributions plan provides that an
infrastructure levy is payable in respect
of the development of any land; and
(b) a permit is not required under this Act
for the development—
a person who proposes to carry out that
development of the land must—
(c) pay the amount of the levy to the
relevant collecting agency within a time
and in a manner specified by the
collecting agency in accordance with
the approved infrastructure
contributions plan; or
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(d) enter into an agreement with the
relevant collecting agency to pay the
amount of the levy within a time
specified in the agreement.
46GH Provisions applying to collection of levies
(1) The relevant collecting agency may require
the payment of an amount of infrastructure
levy referred to in section 46GG to be
secured to its satisfaction.
(2) Subject to subsection (3), the relevant
collecting agency may accept the provision
of land, works, services or facilities by the
applicant in part or full satisfaction of the
amount of infrastructure levy payable.
(3) Before accepting the provision of land,
works, services or facilities by the applicant
in part or full satisfaction of the amount of
infrastructure levy payable, the relevant
collecting agency must obtain the agreement
of the relevant development agency or
agencies specified in the approved
infrastructure contributions plan, unless the
collecting agency is the only development
agency specified in that plan.
(4) Subsection (2) applies to land, works,
services or facilities provided before or after
the application for the permit was made or
the development is carried out.
(5) Subsection (2) does not apply to land
provided in accordance with any requirement
of the Subdivision Act 1988 or any
corresponding previous enactment.
46GI Responsibilities of municipal councils
(1) A municipal council must, in accordance
with the Local Government Act 1989, keep
proper accounts of any amount of
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infrastructure levy paid to it as a collecting
agency or a development agency under this
Part.
(2) A municipal council to which an amount of
infrastructure 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 plan preparation costs
incurred by the development agency or for
the carrying out of works, services or
facilities by or on behalf of the development
agency.
(3) Subject to this section, a municipal council
to which an amount of infrastructure levy is
paid as a development agency under this Part
must apply that amount only—
(a) for a purpose relating to plan
preparation costs or the provision of
works, services and facilities in respect
of which the levy was imposed; and
(b) in accordance with the approved
infrastructure contributions plan.
(4) A municipal council may refund any amount
of infrastructure levy paid to it as a
development agency under this Part in
respect of a development if it is satisfied that
the development is not to proceed.
(5) If—
(a) an amount of infrastructure levy has
been paid to a municipal council as a
development agency under this Part for
the plan preparation costs incurred by
the council or for the provision by the
council of works, services or facilities
in an area; and
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(b) that amount has not been expended
within the period required by the
approved infrastructure contributions
plan—
the municipal council 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
infrastructure 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, services or facilities in that
area.
46GJ 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 infrastructure
levy paid to it under this Part.
(3) A collecting agency to which an amount of
infrastructure levy is paid under this Part
must forward to a development agency any
part of the levy that is imposed for plan
preparation costs incurred by the
development agency or for the carrying out
of works, services or facilities by or on
behalf of the development agency.
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(4) A collecting agency to which an amount of
infrastructure levy is paid under this Part
must pay any part of that amount that it does
not forward to a development agency under
subsection (3) into the Consolidated Fund.
Note
A collecting agency will pay an amount of
infrastructure levy into the Consolidated Fund under
subsection (4) if it is also the development agency in
respect of that levy.
46GK 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 infrastructure 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 infrastructure
levy paid to it under this Part.
(4) If the Growth Areas Authority is a collecting
agency under this Part, a development
agency to which an amount of infrastructure
levy is paid by the Growth Areas Authority
under this Part must, in accordance with any
requirements of the Authority—
(a) report on the use of the amount in the
development agency's annual report;
and
(b) provide reports on the use of the
amount to the Authority.
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(5) Subject to this section, if a development
agency pays an amount of infrastructure levy
into the Consolidated Fund under this Part,
the development agency must apply that
amount only—
(a) for a purpose relating to plan
preparation costs or the provision of
works, services or facilities in respect
of which the levy was imposed; and
(b) in accordance with the approved
infrastructure contributions plan.
(6) A development agency may refund any
amount of infrastructure levy paid to it under
this Part in respect of a development if it is
satisfied that the development is not to
proceed.
(7) If—
(a) an amount of infrastructure levy has
been paid to a development agency
under this Part for plan preparation
costs incurred by the development
agency or for the provision by the
development agency of works, services
or facilities in an area; and
(b) that amount has not been expended
within the period required by the
approved infrastructure 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
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(d) in accordance with Part 3, submit to the
Minister an amendment to the approved
infrastructure 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, services or facilities in that
area.
(8) The Consolidated Fund is appropriated to
the extent necessary for the purposes of
subsections (5), (6) and (7).
46GL Recovery of levy as debt
A collecting agency may recover any amount
of infrastructure levy payable to it under this
Part as a debt due to that collecting agency in
any court of competent jurisdiction.
46GM Reporting requirements of collecting
agencies and development agencies
(1) A collecting agency or development agency
must prepare and give a report to the
Minister, at the times required by the
Minister, relating to—
(a) any infrastructure levy paid to it as a
collecting agency under this Part; and
(b) any land, works, services or facilities
accepted by it as a collecting agency in
part or full satisfaction of an amount of
infrastructure levy payable under this
Part; and
(c) the use of any amount of infrastructure
levy paid to it as a development agency
under this Part; and
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(d) the use made by it as a development
agency of any land, works, services or
facilities referred to in paragraph (b).
(2) A report required under subsection (1) must
be prepared in accordance with any
requirements of the Minister.
46GN Minister to report annually
The Minister must cause to be tabled in
each House of Parliament at intervals not
exceeding 12 months a report setting out—
(a) the total amount of infrastructure levies
and development contribution levies
paid to a municipal council as a
collecting agency or development
agency during the period covered by
the report; and
(b) the total amount of infrastructure levies
and development contribution levies
paid to a collecting agency that is not a
municipal council during the period
covered by the report; and
(c) the total amount of infrastructure levies
and development contribution levies
paid to the Consolidated Fund during
the period covered by the report; and
(d) the total amount of infrastructure levies
and development contribution levies
paid out of the Consolidated Fund
during the period covered by the report;
and
(e) the total amount of infrastructure levies
and development contribution levies
paid during the period covered by the
report.".
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5 Definitions in Part 3B
In section 46H of the Planning and Environment
Act 1987—
(a) in the definition of development agency,
after "facilities" insert "or for the plan
preparation costs";
(b) in the definition of dwelling, in
paragraph (b), for "1998." substitute
"1998;";
(c) insert the following definition—
"plan preparation costs means the costs
and expenses referred to in
section 46I(1)(b).".
6 Development contributions plan
For section 46I(1) of the Planning and
Environment Act 1987 substitute—
"(1) Without limiting section 6, a planning
scheme may include one or more
development contributions plans for the
purposes of levying contributions to fund—
(a) the provision of works, services and
facilities in relation to the development
of land in the area to which the plan
applies; and
(b) the reasonable costs and expenses
incurred by the planning authority
(other than the Growth Areas
Authority) in preparing the plan and
any strategic plan or precinct structure
plan relating to, or required for, the
preparation of the development
contributions plan (the plan
preparation costs).
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Note
The planning authority that prepares the
development contributions plan and related
plans may not be the same planning authority
that subsequently prepares an amendment to the
planning scheme to incorporate the
development contributions plan.".
7 Section 46IA substituted
For section 46IA of the Planning and
Environment Act 1987 substitute—
"46IA Plans not to apply to certain growth area
land for provision of State infrastructure
A development contributions plan must not
be included in a planning scheme if—
(a) the purpose of the plan is to impose a
levy in relation to the development of
land in the contribution area (within the
meaning of Part 9B); and
(b) a development agency responsible for
carrying out any of the works, services
or facilities or for the plan preparation
costs for which the levy is imposed is
not a municipal council.".
8 Contents of plan
In section 46K(1) of the Planning and
Environment Act 1987—
(a) in paragraph (b)—
(i) before "works" (where first occurring)
insert "plan preparation costs,";
(ii) for "those works" substitute
"the works";
(b) in paragraph (c), before "works" insert
"plan preparation costs,";
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(c) in paragraph (d)—
(i) before "works" (where first and thirdly
occurring) insert "plan preparation
costs,";
(ii) before "the estimated" insert
"the amount of the plan preparation
costs and";
(d) in paragraph (e), for "works services"
substitute "plan preparation costs, works,
services";
(e) in paragraph (fb), after "facilities" insert
"or for the plan preparation costs".
9 Directions
(1) In section 46M(2) of the Planning and
Environment Act 1987—
(a) before paragraph (a) insert—
"(aa) specify the types of land to which a
development contributions plan may or
may not apply; and";
(b) in paragraphs (a), (b), (c) and (fa), before
"works" (wherever occurring) insert
"types of plan preparation costs,".
(2) After section 46M(2)(g) of the Planning and
Environment Act 1987 insert—
"(ga) specify the maximum proportion of any
development infrastructure levy or
community infrastructure levy imposed
under a development contributions plan that
may be used to fund plan preparation costs in
relation to that plan;".
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10 Responsibilities of municipal councils
(1) In section 46Q(1A) of the Planning and
Environment Act 1987, after "imposed for"
insert "plan preparation costs incurred by the
development agency or for".
(2) In section 46Q(2)(a) of the Planning and
Environment Act 1987, before "the provision"
insert "plan preparation costs or".
(3) For section 46Q(4)(a) of the Planning and
Environment Act 1987 substitute—
"(a) an amount of levy has been paid to a
municipal council as a development agency
under this Part for plan preparation costs
incurred by the council or for the provision
by the council of works, services or facilities
in an area; and".
11 Responsibilities of collecting agencies
In section 46QA(3) of the Planning and
Environment Act 1987, after "imposed" insert
"for plan preparation costs incurred by the
development agency or".
12 Responsibilities of development agencies
(1) In section 46QB(4)(a) of the Planning and
Environment Act 1987, before "the provision"
insert "plan preparation costs or".
(2) For section 46QB(6)(a) of the Planning and
Environment Act 1987 substitute—
"(a) an amount of levy has been paid to a
development agency under this Part for plan
preparation costs incurred by the
development agency or for the provision by
the development agency of works, services
or facilities in an area; and".
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13 New section 46QD inserted
After section 46QC of the Planning and
Environment Act 1987 insert—
"46QD Reporting requirements of collecting
agencies and development agencies
(1) A collecting agency or development agency
must prepare and give a report to the
Minister, at the times required by the
Minister, relating to—
(a) any amount of levy paid to it as a
collecting agency under this Part; and
(b) any land, works, services or facilities
accepted by it as a collecting agency in
part or full satisfaction of an amount of
levy payable under this Part; and
(c) the use of any amount of levy paid to it
as a development agency under this
Part; and
(d) the use made by it as a development
agency of any land, works, services or
facilities referred to in paragraph (b).
(2) A report required under subsection (1) must
be prepared in accordance with any
requirements of the Minister.".
14 What conditions can be put on permits?
(1) For section 62(5)(a) of the Planning and
Environment Act 1987 substitute—
"(a) include a condition required to implement an
approved development contributions plan
(within the meaning of Part 3B) or an
approved infrastructure contributions plan
(within the meaning of Part 3AB); or".
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(2) In section 62(6)(a) of the Planning and
Environment Act 1987, for "or section 46N"
substitute ", section 46N or 46GG".
15 Definitions in Part 9B
In section 201R of the Planning and
Environment Act 1987 the definition of precinct
structure plan is repealed.
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Part 3—Amendment of Subdivision Act 1988
16 Council may require public open space
(1) In section 18(1AA) of the Subdivision Act 1988,
for "This section" substitute "Subject to
subsection (1AB), this section".
(2) After section 18(1AA) of the Subdivision Act
1988 insert—
"(1AB) This section does not apply to land to which
a planning scheme applies if—
(a) the planning scheme includes an
approved infrastructure contributions
plan (within the meaning of
section 46GA of the Planning and
Environment Act 1987); and
(b) the infrastructure contributions plan
applies to that land; and
(c) the land is of a type of land specified in
a direction of the Minister issued under
section 46GF(3)(n) of the Planning
and Environment Act 1987 as being
land to which this subsection applies.".
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Part 4—Repeal of amending Act
17 Repeal of amending Act
This Act is repealed on 1 June 2017.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 10 June 2015
Legislative Council: 25 June 2015
The long title for the Bill for this Act was "A Bill for an Act to amend the
Planning and Environment Act 1987 to provide for a new system for
levying and collecting contributions towards the provision of
infrastructure and to make a related amendment to the Subdivision Act
1988 and for other purposes."
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