Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014
table of provisions
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Part 1—Preliminary
1Purposes
2Commencement
Part 2—Infrastructure Contributions Plans
Division 1—Amendments to the Planning and Environment
Act 1987
3Definitions
4New Part 3AB inserted
Part 3AB—Infrastructure Contributions
46GADefinitions
46GBInfrastructure contributions plan
46GCPlans not to apply to certain growth area land for provision of State infrastructure
46GDPlan may impose infrastructure levy
46GEContents of plan
46GFDirections of Minister
46GGCollection of infrastructure levy
46GHProvisions applying to collection of levies
46GIResponsibilities of municipal councils
46GJResponsibilities of collecting agencies
46GKResponsibilities of development agencies
46GLRecovery of levy as debt
46GMReporting requirements of collecting agencies and development agencies
5Definitions in Part 3B
6Development contributions plan
7Section 46IA substituted
46IAPlans not to apply to certain growth area land for provision of State infrastructure
8Contents of plan
9Directions
10Responsibilities of municipal councils
11Responsibilities of collecting agencies
12Responsibilities of development agencies
13What conditions can be put on permits?
14Definitions in Part 9B
Division 2—Amendment to the Subdivision Act 1988
15Council may require public open space
Part 3—Metropolitan Planning Authority
16Definitions—section 3
17Heading to Part 3AAB substituted
PART 3AAB—METROPOLITAN PLANNING AUTHORITY
18Definitions—section 46AN
19Heading to Division 2 of Part 3AAB substituted
Division 2—Metropolitan Planning Authority
20Change of name of Growth Areas Authority to Metropolitan Planning Authority
21Objectives
22Functions
23Powers
24Minister may give directions to the Metropolitan Planning Authority
25Members
26Chairperson and Deputy Chairperson
27Meetings
28Validity of decisions
29Disclosure of interests
30Chief Executive Officer
31Staff
32Power of delegation
33Annual business plan
34Confidential information
35New sections 222 and 223 inserted—transitional provisions
222Transitional provisions—Planning and Environment Amendment (Infrastructure Contributions and OtherMatters) Act 2014
223Transitional regulations—Planning and Environment Amendment (Infrastructure Contributions and OtherMatters) Act 2014
36Consequential amendments
Part 4—Repeal of amending Act
37Repeal of amending Act
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SCHEDULE—Consequential Amendments
1Planning and Environment Act 1987
2Subdivision Act 1988
3Taxation Administration Act 1997
4Transport Integration Act 2010
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Endnotes
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571491B.I-19/8/2014BILL LA INTRODUCTION 19/8/2014
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Introduced in the Assembly
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014
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571491B.I-19/8/2014BILL LA INTRODUCTION 19/8/2014
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A Bill for an Act to amend the Planning and Environment Act 1987to 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 1988and to change the name of the Growth Areas Authority to the Metropolitan Planning Authority and make consequential amendmentsand for other purposes.
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571491B.I-19/8/2014BILL LA INTRODUCTION 19/8/2014
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571491B.I-19/8/2014BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014
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571491B.I-19/8/2014BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014
The Parliament of Victoriaenacts:
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571491B.I-19/8/2014BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Planning and Environment Act 1987—
(i) to provide for a new system for levying and collecting contributions towards the provision of infrastructure; and
(ii)to change the name of the Growth Areas Authority to the Metropolitan Planning Authority; and
(iii)toexpand the objectives and functions of the Metropolitan Planning Authority; and
(iv) to make related consequential amendments; and
(b)to make a related amendment to the Subdivision Act 1988.
2Commencement
s. 2
(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 31 July 2015, it comes into operation on that day.
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Part 2—Infrastructure Contributions Plans
Division 1—Amendments to the Planning and Environment Act 1987
3Definitions
s. 3
See:
Act No.
45/1987.
Reprint No. 11 as at
28 October 2013
and amending
Act Nos
70/2013, 17/2014,37/2014, 40/2014 and44/2014.
LawToday:
www.
legislation.
vic.gov.au
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;".
4New Part 3AB inserted
After Part 3A of the Planning and Environment Act 1987 insert—
"Part 3AB—Infrastructure Contributions
46GADefinitions
In this Part—
approvedinfrastructure contributions plan means an infrastructure contributions plan that forms part of an approved planning scheme;
Note
An infrastructure contributions plan willform part of an approved planning scheme if it is incorporated by that planning scheme or formspart of a precinct structure plan or strategic plan that is incorporated by thatplanning 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;
development agency meansa 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 ispayable under this Part;
Minister's direction means a direction issued by the Minister under this Part;
planpreparation costs means the costs and expenses referred to in section 46GB(1)(b).
s. 4
46GBInfrastructure 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 Metropolitan Planning 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).
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) thepurpose 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
s. 4
(b)a development agency responsible for carrying out any of the works, services or facilitiesor for the plan preparation costs for which the levy is imposed is not a municipal council.
46GDPlan 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)astandard levy;
(b)a supplementary levy.
46GEContents 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 levyis 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
s. 4
(f) specify the plan preparation costs, works, services and facilities to be funded from the standard levy; and
(g)specify the standard levy amount or 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 amounts or rates; and
(i) specify the following in relation to the supplementary levy—
(i) theplan preparation costs, works, services and facilities to be funded from the supplementary levy;
(ii) theamount of theplan preparation costs andthe estimated cost of each of the works, servicesand 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) specifythe method for determining the amount of supplementary levypayable in respect of any development of land; and
s. 4
(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 ormunicipal council who or which is tobe responsible for the provision of the works, services or facilities or for the plan preparation costs for which aninfrastructure levy or part of that levy is payable under this Part (thedevelopment 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
(n) include any other matter required by a Minister's directionto be included in the plan.
(2)An infrastructure contributions plan may—
(a) provide for different amounts or rates of infrastructure levy to be payable in respect of different classes of development of land or different parts of the area to which the plan applies; and
s. 4
(b) provide for a lower amount or rate of standard levy for a development of a particular type of land specified in a Minister's direction than the standard levy amount or rate for that class of development of land set out in a Minister's direction if—
(i) the planning authority, 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.
46GFDirections 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.
(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
s. 4
(c) specify the classes of developmentof 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 costsand 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 amounts or ratesto be applied under an infrastructure contributions plan for each class of developmentof land according to the type of landto be developed; and
(ii)the method for determining the amount of a standard levy payable in respect of a development of land; and
(f) specify the method and timing of annual indexation to be applied to standard levy amounts or 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
s. 4
(h) specifythe method for estimating the cost of theworks, services and facilities to be funded froma supplementary levy under an infrastructure contributions plan; and
(i) specify the method and timing of annual indexation to be applied to the estimatedcost 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 ofany development of land in the area to which an infrastructure contributions plan applies; and
(k) specify the maximum amount or proportion of all the standard levies,imposedduringthe period for which an infrastructure contributions plan is in force, that may be used for the provision of community and recreation works, services or facilities during that period by all development agenciesspecified in that plan; and
(l) specify the method and timingof annual indexation of the maximum amount or proportion referred to in paragraph (k); and
(m) specify the maximum amount or proportion of plan preparation costs that may be funded through an infrastructure contributions plan; and
(n) specify the type of land to which section 18(1AB) of the Subdivision Act 1988 applies; and
s. 4
(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.
46GGCollection 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—
s. 4
(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
(d)enter into an agreement with the relevant collecting agency to pay the amount of the levy within a time specified in the agreement.
46GHProvisions 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)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)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.
(4)Subsection (2) does not apply to land provided in accordance with any requirement of the Subdivision Act 1988 or any corresponding previous enactment.
46GIResponsibilities of municipal councils
s. 4
(1)A municipal council must, in accordance with the Local Government Act 1989, keep proper accounts of any amount of 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 mustforward to a development agency any part of the levy that is imposed for plan preparation costs incurred by thedevelopment 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.
s. 4
(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 costsincurred bythe council or for the provision by the council 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 municipal council must within 6months 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 forthe provision of other works, services or facilities in that area.
46GJResponsibilities of collecting agencies
s. 4
(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.
(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 Metropolitan Planning Authority is a collecting agency under this Part, a development agency to which an amount of infrastructure levy is paid by the Metropolitan Planning Authority under this Part must, in accordance with any requirements of the Authority—