Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 3 Principal Act 2 PART 2—AMENDMENTS TO THE PLANNING AND ENVIRONMENT ACT 1987 3 4 Part 9B definitions 3 5 Contribution area 3 6 Circumstances where GAIC not imposed 3 7 Persons liable to pay GAIC 4 8 When and to whom the GAIC is payable 4 9 New Subdivision 2A of Division 2 of Part 9B inserted 5 Subdivision 2A—Work-in-kind agreements 5 201SLB Minister may enter into agreements 5 201SLC Matters to be included in a work-in-kind agreement 7 201SLD Work-in-kind agreement may contain restriction on land dealings 8 201SLE Copy of work-in-kind agreement must be given to Commissioner and Growth Areas Authority 9 201SLF Amendment of work-in-kind agreement 9 201SLG Ending of work-in-kind agreement 9 201SLH Work-in-kind agreements to be recorded by Registrar of Titles 10 201SLI Restrictions on dealings with land 12 201SLJ Entering into a work-in-kind agreement does not discharge GAIC 13 201SLK Person must notify the Growth Areas Authority of performance of agreement 13 201SLL Growth Areas Authority must determine whether agreement has been performed 13 -- 1 of 32 -- Section Page ii Authorised by the Chief Parliamentary Counsel 201SLM Performance of work-in-kind agreement taken to be payment of GAIC 14 201SLN Person in default if work-in-kind agreement not performed by due date 15 10 Person may elect to defer payment of GAIC 16 11 Liability to pay deferred GAIC in relation to subsequent dutiable transactions 16 12 Indexation and interest applying to deferred GAIC 17 13 Interest payable on deferred GAIC 18 14 Deferred GAIC and interest must be paid to Commissioner by due date 18 15 Default on payment of deferred GAIC 19 16 Deferred GAIC becomes a charge on the land 19 17 Approval by Minister of staged payment of GAIC for subdivisions or building works 20 18 GAIC certificate 20 19 Notice to Registrar regarding registration of subdivision or transfer of land 20 20 Commissioner to pay GAIC into Consolidated Fund 21 21 Section 201TE substituted 22 201TE Governor in Council may grant reduction or exemption of GAIC in exceptional circumstances 22 22 Notice of determination of application 23 23 Establishment of growth areas funds 23 24 Application of Building New Communities Fund 24 25 Department and Growth Areas Authority to report on GAIC and growth area funds 24 26 Section 218 substituted 24 218 Transitional provisions—Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 24 27 Statute law revision amendments 25 PART 3—AMENDMENTS TO OTHER ACTS 26 Division 1—Amendment to Land Acquisition and Compensation Act 1986 26 28 Reservation or certification of land required before acquisition 26 Division 2—Amendments to Sale of Land Act 1962 26 29 Statement of matters affecting land being sold 26 -- 2 of 32 -- Section Page iii Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 28 30 Repeal of amending Act 28 ═══════════════ ENDNOTES 29 -- 3 of 32 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 † No. 31 of 2011 [Assented to 29 June 2011] 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— (i) to provide that a person liable to pay a growth areas infrastructure contribution Victoria -- 4 of 32 -- Part 1—Preliminary Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 2 Authorised by the Chief Parliamentary Counsel may enter into an agreement to provide land or works to meet that liability; and (ii) to provide that a person liable to pay a growth areas infrastructure contribution in respect of certain types of contribution area land will be able to defer the payment of the whole of the contribution rather than only 70% of it; and (iii) to make other consequential and miscellaneous changes to the growth areas infrastructure contribution scheme; and (b) to make consequential amendments to the Land Acquisition and Compensation Act 1986 and the Sale of Land Act 1962. 2 Commencement (1) This Act (other than section 6) comes into operation on the day after the day on which this Act receives the Royal Assent. (2) Section 6 is taken to have come into operation on 1 July 2010. 3 Principal Act In this Act, the Planning and Environment Act 1987 is called the Principal Act. __________________ See: Act No. 45/1987. Reprint No. 9 as at 27 May 2010 and amending Act Nos 23/2010 and 58/2010. LawToday: www. legislation. vic.gov.au s. 2 -- 5 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENTS TO THE PLANNING AND ENVIRONMENT ACT 1987 4 Part 9B definitions (1) In section 201R of the Principal Act, in the definition of utility installation, for "sullage." substitute "sullage;". (2) In section 201R of the Principal Act insert the following definitions— "plan of subdivision has the same meaning as in section 3(1) of the Subdivision Act 1988; work-in-kind agreement means an agreement entered into in accordance with Subdivision 2A of Division 2 and includes that agreement as amended in accordance with that Subdivision.". 5 Contribution area For section 201RC(6) of the Principal Act substitute— "(6) If type A land ceases to be in an urban development area, that land ceases to be in the contribution area. (6A) If type B-1 land, type B-2 land or type C land ceases to be in an Urban Growth Zone, that land ceases to be in the contribution area.". 6 Circumstances where GAIC not imposed For section 201SA(d)(ii) of the Principal Act substitute— "(ii) the land or part— (A) was specified as a lot having an area of 0·41 hectares or less in a plan of subdivision authorised by a planning permit referred to in section s. 4 -- 6 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 4 Authorised by the Chief Parliamentary Counsel 201RB(d)(i) and registration of the plan had taken effect before the time of the occurrence of the GAIC event; and (B) is a lot having an area of 0·41 hectares or less at the time of the occurrence of the GAIC event; or (iii) the land or part— (A) was a lot created by an excluded subdivision of land referred to in section 201RF(f) or (g); and (B) is a lot having an area of 0·41 hectares or less at the time of the occurrence of the GAIC event.". 7 Persons liable to pay GAIC In the note at the foot of section 201SF(5) of the Principal Act, for "Subdivision 3 or 4" substitute "section 201SMAA or 201SRA". 8 When and to whom the GAIC is payable (1) In section 201SL(2) of the Principal Act, for "If liability" substitute "Subject to sections 201SMAA, 201SP and 201SS, if liability". (2) After section 201SL(4) of the Principal Act insert— "(5) Despite subsections (1) and (2), if an application is made under section 201TE, 201TF, 201TH or 201TI for a reduction of, or an exemption from, the whole or part of a person's liability to pay a growth areas infrastructure contribution, the contribution must be paid to the Commissioner by the later of the following— (a) the day by which the contribution must be paid under subsection (1) or (2) (as the case requires); s. 7 -- 7 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 5 Authorised by the Chief Parliamentary Counsel (b) within 14 days after the person who made the application receives a notice under section 201TG or 201TK of the determination of the application. Note The period within which a growth areas infrastructure contribution must be paid can also be extended by the Growth Areas Infrastructure Contribution Hardship Relief Board under section 201TJ(4)(d).". 9 New Subdivision 2A of Division 2 of Part 9B inserted After Subdivision 2 of Division 2 of Part 9B of the Principal Act insert— "Subdivision 2A—Work-in-kind agreements 201SLB Minister may enter into agreements (1) The Minister may, in accordance with this Subdivision, enter into an agreement with a person for the provision by that person of land or works or a combination of land and works to meet the whole or part of that person's liability or expected liability to pay a growth areas infrastructure contribution (a work-in-kind agreement). (2) A work-in-kind agreement may be entered into with other parties in addition to the person liable to pay the growth areas infrastructure contribution. Note Other parties may include another Minister or a public authority or an owner of land affected by the work-in- kind agreement. s. 9 -- 8 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 6 Authorised by the Chief Parliamentary Counsel (3) The land or works to be provided under a work-in-kind agreement must be— (a) situated in a growth area; and (b) of a type that may be funded from the Growth Areas Public Transport Fund under section 201VA or from the Building New Communities Fund under section 201VB. (4) A work-in-kind agreement relating to a growth areas infrastructure contribution must be entered into before the day on which the contribution is payable. (5) A work-in-kind agreement relating to a growth areas infrastructure contribution may be entered into whether or not the liability to pay the contribution arose before the commencement of this Subdivision. (6) A work-in-kind agreement relating to a growth areas infrastructure contribution may be entered into in conjunction with the deferral of that contribution under Subdivision 3 or an approval for staged payment of that contribution under Subdivision 4. (7) Before agreeing to enter into a work-in-kind agreement, the Minister must— (a) consult with any other Minister that the Minister considers has a relevant interest in the subject matter of the agreement; and (b) if the value of the work-in-kind agreement (within the meaning of section 201SLC(1)(e)) exceeds $2 million, obtain the approval of the Treasurer. s. 9 -- 9 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 7 Authorised by the Chief Parliamentary Counsel 201SLC Matters to be included in a work-in-kind agreement (1) A work-in-kind agreement must include the following matters— (a) a description of any works to be carried out under the agreement; (b) a description of the land on which any works are to be carried out under the agreement; (c) a description of any land to be transferred under the agreement; (d) the due date by which the agreement or any stage of the agreement is to be performed; (e) the agreed value of any land to be transferred under the agreement or the agreed value of any works to be carried out under the agreement or the agreed value of the combination of both of those things (as the case requires) (the value of the work-in-kind agreement); (f) the method or methods for calculating the value of works to be carried out under the agreement if they are only partly carried out; (g) dispute resolution procedures; (h) any other matters that the Minister thinks appropriate. (2) A work-in-kind agreement may include provisions setting out the circumstances in which the agreement is ended wholly or as to any part of the land affected by the agreement. s. 9 -- 10 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 8 Authorised by the Chief Parliamentary Counsel 201SLD Work-in-kind agreement may contain restriction on land dealings (1) A work-in-kind agreement may contain a term that restricts a person, who has entered into the agreement to meet a liability to pay a growth areas infrastructure contribution or another person who is a party to the agreement, from any dealing or dealings with the following land unless the person has obtained the consent of the Minister— (a) land that is to be transferred under the agreement; (b) land on which works are to be carried out under the agreement (other than Crown land); (c) the whole or part of the land in respect of which the growth areas infrastructure contribution is imposed. (2) In this section, dealing, in relation to land, includes entering into any sale, transaction or arrangement, or obtaining or granting any lease, licence or approval, with respect to the land, or making any improvements of a durable nature to the land, but does not include any of the following— (a) a sale of any of the land to the person to whom the land is to be transferred under the work-in-kind agreement; (b) any approvals relating to a plan of subdivision of the land to enable a sale of land for the purposes of paragraph (a); (c) any works required to be carried out on the land under the work-in-kind agreement or approvals relating to those works; s. 9 -- 11 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 9 Authorised by the Chief Parliamentary Counsel (d) any approvals relating to the plan of subdivision of the land or building works to be carried out on the land in respect of which the growth areas infrastructure contribution is imposed; (e) the discharging of the whole or any part of the land from any mortgage affecting that land. 201SLE Copy of work-in-kind agreement must be given to Commissioner and Growth Areas Authority The Minister must give the Commissioner and the Growth Areas Authority a copy of a work-in-kind agreement entered into under this Subdivision. 201SLF Amendment of work-in-kind agreement (1) The Minister may, with the agreement of the person who has entered into a work-in-kind agreement to meet a liability to pay a growth areas infrastructure contribution and all other parties to the agreement, amend the agreement to vary the terms of, or the parties to, the agreement. (2) The Minister must give to the Commissioner and the Growth Areas Authority a copy of a work-in-kind agreement amended under subsection (1). 201SLG Ending of work-in-kind agreement (1) The Minister may, with the agreement of the person who has entered into a work-in-kind agreement to meet a liability to pay a growth areas infrastructure contribution and all other parties to the agreement, end a work-in-kind agreement. s. 9 -- 12 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 10 Authorised by the Chief Parliamentary Counsel (2) The Minister must notify, in writing, the Commissioner and the Growth Areas Authority of the ending of a work-in-kind agreement under subsection (1). (3) The power to end a work-in-kind agreement under subsection (1) is in addition to any other right that the Minister has to end a work-in-kind agreement in accordance with the agreement or at law. 201SLH Work-in-kind agreements to be recorded by Registrar of Titles (1) The Minister must apply to the Registrar of Titles to record a work-in-kind agreement on any folio of the Register relating to the following land (the land affected by the work-in-kind agreement)— (a) land that is to be transferred under the agreement; (b) land on which works are to be carried out under the agreement (other than Crown land); (c) the whole or part of the land in respect of which the growth areas infrastructure contribution relating to the agreement is imposed. (2) An application must— (a) be in a form approved by the Registrar of Titles; and (b) be accompanied by a copy of the work- in-kind agreement. (3) The Registrar of Titles, on receiving an application that complies with subsection (2), may make a recording on each folio of the Register relating to land affected by the work-in-kind agreement. s. 9 -- 13 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 11 Authorised by the Chief Parliamentary Counsel (4) After the making of a recording in the Register— (a) the burden of any covenant in the work- in-kind agreement runs with the land affected by that burden; and (b) the Minister may enforce the covenant against any person deriving title from any person who entered into the covenant as if it were a restrictive covenant despite the fact that it may be positive in nature or that it is not for the benefit of any land of the Crown. (5) The Minister must apply to the Registrar of Titles— (a) if an amendment is made to the work- in-kind agreement, for the Registrar of Titles to remove the existing agreement from each folio of land on which the agreement is recorded and record the amended agreement on each folio of the Register relating to land affected by the work-in-kind agreement; or (b) if a work-in-kind agreement is ended wholly or as to any part of the land, for the Registrar of Titles to, as appropriate, remove in whole or in part the recording of the agreement from any folio of the Register on which the agreement is recorded. (6) An application under subsection (5) must— (a) be in a form approved by the Registrar of Titles; and (b) in the case of a work-in-kind agreement that has been amended, be accompanied by a copy of the agreement in its amended form. s. 9 -- 14 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 12 Authorised by the Chief Parliamentary Counsel (7) The Registrar of Titles, on receiving an application that complies with subsection (6), may (as the case requires)— (a) remove the existing agreement from each folio of land on which the agreement is recorded and record the amended agreement on each folio of the Register relating to land affected by the work-in-kind agreement; or (b) as appropriate, remove in whole or in part the recording of the agreement from any folio of the Register on which the agreement is recorded. 201SLI Restrictions on dealings with land (1) A person, who is subject to a restriction on dealing with land that has been specified in a work-in-kind agreement in accordance with section 201SLD, must not, without the consent of the Minister, enter into or effect such a dealing with that land (within the meaning of section 201SLD) while the agreement is in force. (2) Nothing in this section prevents— (a) a mortgagee from exercising a power of foreclosure or sale in respect of the whole or any part of land that is subject to a restriction referred to in subsection (1); or (b) an application to the Registrar of Titles for the registration of a charge in respect of unpaid tax (within the meaning of the Taxation Administration Act 1997) over the whole or any part of land that is subject to a restriction referred to in subsection (1). s. 9 -- 15 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 13 Authorised by the Chief Parliamentary Counsel 201SLJ Entering into a work-in-kind agreement does not discharge GAIC The entering into a work-in-kind agreement by a person to meet the whole or part of a liability to pay a growth areas infrastructure contribution does not discharge the person from that liability. Note It is not until the person performs their obligations in accordance with the work-in-kind agreement that the value of the land or works provided can be taken to be a payment towards the growth areas infrastructure contribution owed (see section 201SLM). 201SLK Person must notify the Growth Areas Authority of performance of agreement A person who has entered into a work-in- kind agreement to meet a liability to pay a growth areas infrastructure contribution must, without delay, notify the Growth Areas Authority in writing of the following— (a) the performance of the agreement; (b) the performance of any stage of the agreement that must be performed by a due date specified in the agreement; (c) if the agreement is not wholly performed by the due date for performance, how much of the agreement has been performed. 201SLL Growth Areas Authority must determine whether agreement has been performed (1) The Growth Areas Authority acting on behalf of the Minister must, after receiving notification under section 201SLK, determine the following— s. 9 -- 16 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 14 Authorised by the Chief Parliamentary Counsel (a) whether a work-in-kind agreement or a stage of a work-in-kind agreement, which has an agreed value under the agreement, has been performed by the due date for performance; (b) if a work-in-kind agreement has only been partly performed by the due date for performance or before it has been ended in accordance with section 201SLG(1), the value of the land or works provided in accordance with the agreement. (2) The Growth Areas Authority must, without delay, notify the Commissioner in writing of any determination made under subsection (1). 201SLM Performance of work-in-kind agreement taken to be payment of GAIC (1) A person who has entered into a work-in- kind agreement to meet the whole or part of a liability to pay a growth areas infrastructure contribution is taken to have paid to the Commissioner an amount of that contribution that is equivalent to— (a) if the agreement is wholly performed, the agreed value of the agreement; or (b) if a stage of the agreement is wholly performed, the agreed value of that stage; or (c) if the agreement is partly performed, the value of the land or works provided under the agreement as determined by the Growth Areas Authority. s. 9 -- 17 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 15 Authorised by the Chief Parliamentary Counsel (2) A person is taken to have paid an amount of a growth areas infrastructure contribution under subsection (1) at the time at which the Commissioner receives a notice from the Growth Areas Authority under section 201SLL(2) of its determination of the relevant matter referred to in subsection (1)(a), (b) or (c). 201SLN Person in default if work-in-kind agreement not performed by due date (1) If— (a) a person liable to pay a growth areas infrastructure contribution has entered into a work-in-kind agreement to meet the whole or part of that liability and fails to perform that agreement or a stage of that agreement in accordance with the terms of the agreement by the due date for performance; and (b) the contribution has been deferred under Subdivision 3 or is subject to an approval for staged payment under Subdivision 4— the whole of the contribution becomes immediately payable as if the contribution had never been deferred or the approval had never been given. Note If the whole of the contribution is treated as never having been deferred or being subject to an approval for staged payment, a tax default within the meaning of the Taxation Administration Act 1997 will occur in respect of payment of the whole of the contribution that the person would have had to pay if the person had not deferred the contribution or been given the approval for staged payment. Under Part 5 of that Act the person will then be liable to pay interest and penalty tax from what would have been the last day s. 9 -- 18 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 16 Authorised by the Chief Parliamentary Counsel for payment of the whole of the contribution under section 201SL or 201SMAA(6). (2) Despite subsection (1), a person remains liable under the work-in-kind agreement to perform the obligations under the agreement.". 10 Person may elect to defer payment of GAIC (1) For section 201SM(1) of the Principal Act substitute— "(1) Subject to subsection (2), a person who is liable to pay a growth areas infrastructure contribution imposed in respect of a dutiable transaction relating to land may elect to defer the payment of up to 100% of that contribution.". (2) In section 201SM(2) of the Principal Act, for "that contribution" substitute "the whole of that contribution". (3) In section 201SM(5) of the Principal Act, for "201SMAA(7)" substitute "201SMAA(5)". 11 Liability to pay deferred GAIC in relation to subsequent dutiable transactions (1) In section 201SMAA(1)(b) of the Principal Act, before "land in" insert "whole or part of the". (2) For section 201SMAA(6) of the Principal Act substitute— "(6) Subject to sections 201SP and 201SS, a growth areas infrastructure contribution for which a subsequent transferee is liable under this section must be paid to the Commissioner— s. 10 -- 19 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 17 Authorised by the Chief Parliamentary Counsel (a) if an application is made under section 201TE, 201TF or 201TH for a reduction of, or an exemption from, the whole or part of the liability to pay the contribution, by the later of the following— (i) within 3 months after the liability arises; (ii) within 14 days after the person who made the application receives a notice under section 201TG or 201TK of the determination of the application; or (b) in any other case, within 3 months after the liability arises. Note The period within which a growth areas infrastructure contribution must be paid can be extended by the Growth Areas Infrastructure Contribution Hardship Relief Board under section 201TJ(4)(d).". (3) At the foot of section 201SMAA of the Principal Act insert— "Note A reference to an amount of deferred growth areas infrastructure contribution in this section includes that contribution as indexed under section 201SMA and includes interest payable under this Subdivision in respect of that contribution under section 201SMA (see section 201SMA(8)).". 12 Indexation and interest applying to deferred GAIC (1) In section 201SMA of the Principal Act, after "201SP" (wherever occurring) insert "or 201SMAA(6)". s. 12 -- 20 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 18 Authorised by the Chief Parliamentary Counsel (2) For section 201SMA(8) of the Principal Act substitute— "(8) If, under this section— (a) a growth areas infrastructure contribution is to be indexed in accordance with section 201SN for the period specified in this section, a reference in this Part to that contribution is taken to be a reference to that contribution as so indexed; and (b) a growth areas infrastructure contribution is subject to the payment of interest calculated at the rate set out in section 201SO for the period specified in this section, a reference in this Part to that contribution is taken to include the amount of interest payable under this Subdivision in respect of that contribution.". 13 Interest payable on deferred GAIC In section 201SO(1) of the Principal Act, for "payment" (where secondly occurring) substitute "amount". 14 Deferred GAIC and interest must be paid to Commissioner by due date (1) In section 201SP(1) and (2) of the Principal Act omit "and any interest charged under this Subdivision relating to that deferred contribution" (wherever occurring). (2) In section 201SP(1)(a) of the Principal Act, after "land" insert "(other than a subdivision of land solely to enable land to be transferred in accordance with a work-in-kind agreement)". s. 13 -- 21 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 19 Authorised by the Chief Parliamentary Counsel (3) In section 201SP(2) of the Principal Act, for "A person" substitute "Subject to section 201SS, a person". (4) For the example at the foot of section 201SP(2) of the Principal Act substitute— "Example RST Pty Ltd is a land rich landholder that owns land subject to GAIC. X holds 60% of the interest in RST and disposes of that interest to Y. Y has made a significant acquisition and is liable to pay 60% of the GAIC payable in respect of the land. Y defers the payment of the GAIC under this Subdivision. RST applies for a building permit to carry out work on the land. Y and RST are jointly and severally liable to pay the deferred GAIC together with the interest relating to the GAIC on or before the application for the building permit is made by RST. RST is also liable to pay 40% of the GAIC payable in respect of the land (indexed if applicable) arising from the building works. However, the time for paying both GAIC payments does not apply if RST applies for approval of the staged payment of the GAIC under Subdivision 4.". 15 Default on payment of deferred GAIC In section 201SPA of the Principal Act omit "and any interest charged under this Subdivision relating to that contribution". 16 Deferred GAIC becomes a charge on the land (1) For section 201SQ(1) of the Principal Act substitute— "(1) A growth areas infrastructure contribution that has been deferred under this Subdivision and that has not been paid by the due date for payment under section 201SP is a charge on the land in respect of which the contribution is imposed.". (2) In section 201SQ(3) of the Principal Act omit ", including the interest payable under this Subdivision relating to that contribution,". s. 15 -- 22 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 20 Authorised by the Chief Parliamentary Counsel 17 Approval by Minister of staged payment of GAIC for subdivisions or building works Section 201SR(8) of the Principal Act is repealed. 18 GAIC certificate (1) For section 201SZF(1)(b)(ii) of the Principal Act substitute— "(ii) imposed in respect of the land that has been deferred under Subdivision 3 or is subject to an approval for staged payment under Subdivision 4; or". (2) After section 201SZF(1)(b) of the Principal Act insert— "(ba) if a growth areas infrastructure contribution has been imposed in respect of the land, stating whether a work-in-kind agreement has been entered into by the person liable to pay that contribution to meet the whole or part of that liability; and Note Land may be affected by the work-in-kind agreement because it may contain an obligation to transfer part of the land or to carry out works on part of the land.". 19 Notice to Registrar regarding registration of subdivision or transfer of land (1) In section 201SZG(1)(d) of the Principal Act, after "land" insert "that is a GAIC event or a transfer of land described in section 201SMAA(1)(b)". (2) In section 201SZG(1)(e) of the Principal Act, after "subdivision" insert "of land that is a GAIC event or a transfer of land described in section 201SRA(1)". s. 17 -- 23 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 21 Authorised by the Chief Parliamentary Counsel (3) At the foot of section 201SZG(1)(e) of the Principal Act insert— "Note A subsequent owner who is liable to pay GAIC under section 201SRA due to a transfer of land can apply under section 201SX to the Commissioner for the issue of a certificate of staged payment approval under section 201SZA. In addition, under section 201SRA(3), the subsequent owner may apply to the Minister for a notice of staged payment approval in substantially the same form as under section 201SU(1).". (4) In section 201SZG(2) of the Principal Act, for "The Commissioner" substitute "Subject to subsection (2A), the Commissioner". (5) After section 201SZG(2) of the Principal Act insert— "(2A) If there is a work-in-kind agreement in force relating to the growth areas infrastructure contribution, the Commissioner must not give a notice under subsection (2) unless the Minister has advised the Commissioner that the notice may be given. Note If a work-in-kind agreement relating to the growth areas infrastructure contribution contains a restriction on transferring or subdividing the land under section 201SLD, the transfer or subdivision will require the consent of the Minister before it can be registered.". 20 Commissioner to pay GAIC into Consolidated Fund At the end of section 201SZJ of the Principal Act insert— "(2) Any amount taken to be paid to the Commissioner under section 201SLM(1) is not required to be paid into, or transferred to, the Consolidated Fund and subsection (1) does not apply to that amount.". s. 20 -- 24 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 22 Authorised by the Chief Parliamentary Counsel 21 Section 201TE substituted For section 201TE of the Principal Act substitute— "201TE Governor in Council may grant reduction or exemption of GAIC in exceptional circumstances (1) The Governor in Council, on the recommendation of the Minister, may grant a reduction of the whole or part, or an exemption from the whole, of the liability of a person to pay a growth areas infrastructure contribution if— (a) the person has applied in accordance with this section; and (b) the Governor in Council is satisfied that exceptional circumstances exist. (2) Despite subsection (1), the Governor in Council must not grant a reduction or exemption in respect of liability to pay a growth areas infrastructure contribution the whole or part of which has been deferred under Subdivision 3 of Division 2. (3) Subject to this section, an application under this section may be made to the Minister by a person on whom a growth areas infrastructure contribution is imposed in relation to land in the contribution area. (4) An application must be made before the day on which the contribution is payable. (5) A person may not apply under this section for a reduction or exemption in respect of a growth areas infrastructure contribution the whole or part of which has been deferred under Subdivision 3 of Division 2. s. 21 -- 25 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 23 Authorised by the Chief Parliamentary Counsel (6) Before recommending the grant of a reduction or exemption under this section, the Minister must consult with the Growth Areas Authority and the Treasurer. (7) The Governor in Council may impose conditions on a reduction or exemption granted under this section. (8) If a person fails to comply with a condition imposed on the grant of a reduction or exemption under this section, the reduction or exemption is taken never to have been granted.". 22 Notice of determination of application (1) For the heading to section 201TG of the Principal Act substitute— "Notice of determination of application". (2) After section 201TG(2) of the Principal Act insert— "(2A) If the Governor in Council or the Minister refuses a person's application under this Subdivision, the Minister must give the person a notice which states that the application is refused.". 23 Establishment of growth areas funds After section 201V(2) of the Principal Act insert— "(3) Subsection (2) does not apply to any amount taken to be paid to the Commissioner under section 201SLM(1). (4) The Consolidated Fund is appropriated to the extent necessary for the purposes of subsection (2)(a).". s. 22 -- 26 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 24 Authorised by the Chief Parliamentary Counsel 24 Application of Building New Communities Fund In section 201VB(1) of the Principal Act, after "State funded infrastructure" insert "in any growth area". 25 Department and Growth Areas Authority to report on GAIC and growth area funds (1) In section 201VC(1)(c) of the Principal Act, for "Fund." substitute "Fund; and". (2) After section 201VC(1)(c) of the Principal Act insert— "(d) the value of all work-in-kind agreements (within the meaning of section 201SLC(1)(e)), determined to have been performed or partly performed by the Growth Areas Authority under section 201SLL, in respect of each growth area; and (e) details of the projects completed or contributed to under work-in-kind agreements in each growth area.". (3) After section 201VC(2) of the Principal Act insert— "(3) Subsection (1)(b) does not apply to any amount taken to be paid to the Commissioner under section 201SLM(1).". 26 Section 218 substituted For section 218 of the Principal Act substitute— "218 Transitional provisions—Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 (1) Despite the amendment made to section 201SM(1) by section 10(1) of the Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011, section 201SM(1) continues to apply s. 24 -- 27 of 32 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 25 Authorised by the Chief Parliamentary Counsel to a person whose liability to pay a growth areas infrastructure contribution arose under Part 9B immediately before the commencement of that section 10(1) as if the amendment had not been made. (2) An application made under section 201TE to, and not finally determined by, the Governor in Council immediately before the commencement of section 21 of the Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 is taken to be an application made to the Minister under section 201TE as substituted by that section 21". 27 Statute law revision amendments (1) In the note at the foot of section 201SPA of the Principal Act, after "201SL" insert "or 201SMAA(6)". (2) In section 201SY(b)(iii) of the Principal Act, for "201SOB or" substitute "201SOB; or". (3) In section 201TF(1)(a) of the Principal Act, for "subsection (2)" substitute "subsection (3)". (4) In section 201TM(1) of the Principal Act, for "GAIC" substitute "Growth Areas Infrastructure Contribution". __________________ s. 27 -- 28 of 32 -- Part 3—Amendments to Other Acts Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 26 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS TO OTHER ACTS Division 1—Amendment to Land Acquisition and Compensation Act 1986 28 Reservation or certification of land required before acquisition Before section 5(5) of the Land Acquisition and Compensation Act 1986 insert— "(4D) Subsection (1) does not apply to any land that is to be acquired under a work-in-kind agreement within the meaning of Part 9B of the Planning and Environment Act 1987.". Division 2—Amendments to Sale of Land Act 1962 29 Statement of matters affecting land being sold (1) In section 32(2)(da) of the Sale of Land Act 1962, after "liability to pay the contribution" (where secondly occurring) insert "or an approval has been given for staged payment of the contribution". See: Act No. 121/1986. Reprint No. 4 as at 7 May 2009 and amending Act Nos 78/2008, 87/2009, 94/2009 and 6/2010. LawToday: www. legislation. vic.gov.au s. 28 See: Act No. 6975. Reprint No. 4 as at 17 March 2011 and amending Act Nos 92/1990, 54/2010 and 63/2010. LawToday: www. legislation. vic.gov.au -- 29 of 32 -- Part 3—Amendments to Other Acts Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 27 Authorised by the Chief Parliamentary Counsel (2) After section 32(2)(da) of the Sale of Land Act 1962 insert— "(db) whether the land, in accordance with a work- in-kind agreement (within the meaning of Part 9B of the Planning and Environment Act 1987), is— (i) land that is to be transferred under the agreement; or (ii) land on which works are to be carried out under the agreement (other than Crown land); or (iii) land in respect of which a growth areas infrastructure contribution is imposed;". (3) After section 32(3)(f)(ii) of the Sale of Land Act 1962 insert— "(iia) any certificate of staged payment approval;". __________________ s. 29 -- 30 of 32 -- Part 4—Repeal of Amending Act Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 28 Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 30 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. 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). ═══════════════ s. 30 -- 31 of 32 -- Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 No. 31 of 2011 29 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 2 June 2011 Legislative Council: 16 June 2011 The long title for the Bill for this Act was "A Bill for an Act to amend the Planning and Environment Act 1987 to make changes to the growth areas infrastructure contribution scheme and to make consequential amendments to the Land Acquisition and Compensation Act 1986 and to the Sale of Land Act 1962 and for other purposes." Endnotes -- 32 of 32 --