PLANNING AND ENVIRONMENT ACT 1987
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 3AA Meaning of affordable housing
- 3AB Order in Council specifying income ranges
- 3A Transport Integration Act 2010
- 4 Objectives
- 4AA Obligations of Department Head in relation to Yarra River land
- 4AB Obligations of Department Head in relation to declared areas
- 4AC Obligations of Department Head in relation to the Great Ocean Road region
PART 1A--VICTORIA PLANNING PROVISIONS[2]
- 4A Victoria Planning Provisions
- 4B Amendment of Victoria Planning Provisions
- 4C Approval of amendment
- 4D Notice of approval
- 4E Commencement
- 4F Application of planning scheme provisions to amendments to VPPs
- 4G Lodging of Victoria Planning Provisions and approved amendments
- 4H Inspection and electronic publication of approved amendments
- 4I Who must keep and make available a copy of the Victoria Planning Provisions?
- 4J Amendment of planning schemes by Victoria Planning Provisions
PART 2--PLANNING SCHEMES
- 5 What are the planning schemes to which this Act applies?
- 6 What can a planning scheme provide for?
- 6A Easements, restrictions etc.
- 6B Heritage buildings
- 7 Structure of planning schemes[5]
- 8 Minister is planning authority
- 8A Municipal council as planning authority for its municipal district
- 8B Municipal council as planning authority for area adjoining municipal district
- 8C Consent of the Suburban Rail Loop Minister required for authorisations of certain planning scheme amendments
- 8D Applications for planning amendment authorisations received before applicable Suburban Rail Loop planning area declarations
- 9 Authorised Ministers and authorities are planning authorities
- 9A Suburban Rail Loop Authority is a planning authority
- 10 Restrictions and powers relating to the preparation of amendments
- 12 What are the duties and powers of planning authorities?
- 12B Review of planning schemes
- 13 Responsible authority
- 14 What are the duties of a responsible authority?
- 14A What are the duties of a referral authority?
- 15 Changes in boundaries
- 16 Application of planning scheme
PART 3--AMENDMENT OF PLANNING SCHEMES
Division 1--Exhibition and notice of amendment
- 17 Copies of amendment to be given to certain persons
- 18 Availability of amendment
- 19 What notice of an amendment must a planning authority give?
- 20 Exemption from giving notice
- 20A Minister may determine to prepare prescribed amendments—exception to sections 17, 18 and 19
Division 2--Public submissions about an amendment
- 21 Who may make a submission?[11], [12]
- 21A Joint submissions[13]
- 22 Planning authority to consider submissions[14]
- 23 Decisions about submissions[15], [16]
- 24 Hearing by panel
- 25 Report by panel[17]
- 25A Recommendation by panel to Minister[18]
- 26 Reports to be made public
- 27 Planning authority to consider panel's report
- 28 Abandonment of amendment
Division 3--Adoption and approval of amendment
- 29 Adoption of amendment
- 30 When does an amendment lapse?
- 31 Planning authority to submit amendment to Minister
- 32 More notice
- 33 Notice of changes
- 34 Submissions
- 34A Amendments affecting land to which Suburban Rail Loop planning area declarations apply
- 35 Approval of amendment by Minister
- 36 Notice of approval
- 37 Commencement of amendment
- 38 Parliament may revoke an amendment
- 39 Defects in procedure
Division 4--Availability of approved amendments and schemes
- 40 Lodging of approved amendment
- 41 Who must keep a copy of an approved amendment for inspection?
- 42 Who must keep a copy of a planning scheme?
Division 5--Special provisions
- 43 Roads on Crown land
- 44 Roads on land other than Crown land
- 45 Effect on easements for public utilities
- 46 Planning schemes may apply to reserved land
PART 3AAA--YARRA RIVER LAND PROTECTION
Division 1--Compliance with Yarra Strategic Plan
- 46AAA Responsible public entities to comply with Yarra Strategic Plan
Division 2--Ratification by Parliament for amendments to planning schemes
- 46AAB To which amendments does this Division apply?
- 46AAC Ratification by Parliament required for amendments to which this Division applies
- 46AAD Procedure for ratification
- 46AAE Notice of ratification
- 46AAF When does a ratified amendment commence?
- 46AAG When does an amendment lapse?
- 46AAH Application of sections 40, 41 and 42
- 46AAI Application of Division 5 of Part 4
PART 3AA--METROPOLITAN GREEN WEDGE PROTECTION
Division 1--Introductory
Division 2--Green wedge management plans
- 46AD Objects of Division
- 46AE Preparation of green wedge management plans
- 46AEA Ministerial directions in relation to green wedge management plans
- 46AEB Minister may require councils to prepare revised green wedge management plans
- 46AEC Minister may exempt councils from requirement to prepare green wedge management plan
Division 3--Ratification by Parliament for amendments to planning schemes
- 46AF To which amendments does this Division apply?
- 46AG Ratification by Parliament required for amendments to which this Division applies
- 46AH Procedure for ratification
- 46AI Notice of ratification
- 46AJ When does a ratified amendment commence?
- 46AK When does an amendment lapse?
- 46AL Application of sections 40, 41 and 42
- 46AM Application of Division 5 of Part 4
PART 3AAB--DISTINCTIVE AREAS AND LANDSCAPES
Division 1--Objects
- 46AN Objects
Division 2--Declaration of distinctive areas and landscapes
- 46AO Governor in Council may declare area to be a distinctive area and landscape
- 46AP Requirements for area to be declared as a distinctive area and landscape
- 46AQ Governor in Council may revoke declaration
- 46AR Procedure for ratification of revocation order
- 46AS When does a revocation order lapse?
Division 3--Statements of Planning Policy for distinctive areas and landscapes
- 46AT Minister to develop Statement of Planning Policy for declared area
- 46AU Purpose of Statement of Planning Policy
- 46AV Contents of Statement of Planning Policy
- 46AW Consultation
- 46AX Endorsement of Statement of Planning Policy
- 46AXA Minister may declare endorsement of certain responsible public entities not required
- 46AY Approval of Statement of Planning Policy
- 46AZ Commencement of Statement of Planning Policy
- 46AZA Amendment of Statement of Planning Policy
- 46AZB Amendment of declared area planning scheme to give effect to Statement of Planning Policy
- 46AZC Amendment of declared area planning scheme
- 46AZD Protected settlement boundary amendment
- 46AZE Procedure for ratification of protected settlement boundary amendment
- 46AZF When does a protected settlement boundary amendment lapse?
- 46AZG Application of Act provisions to protected settlement boundary amendment
- 46AZH Application of Division 5 of Part 4 to protected settlement boundary amendment
- 46AZI Review of Statement of Planning Policy
Division 4--Interaction between specific legislation and Statement of Planning Policy
- 46AZJ Specific legislation
Division 5--Duties of responsible public entities
- 46AZK Responsible public entities not to act inconsistently with Statement of Planning Policy
- 46AZL Principles
Division 6--Transitional provision
- 46AZM Transitional provision—Consultation in relation to Macedon Ranges Localised Planning Statement
PART 3AAC--AMENDMENTS IN THE GREAT OCEAN ROAD REGION
Division 1--Compliance with Great Ocean Road strategic framework plan
Division 2--Ratification by Parliament for amendments to Great Ocean Road scenic landscapes area planning scheme
- 46AZO To which amendments does this Division apply?
- 46AZP Ratification by Parliament required for amendments to which this Division applies
- 46AZQ Procedure for ratification of amendment
- 46AZR When does an amendment lapse?
- 46AZS Application of Act provisions to amendment
- 46AZT Application of Division 5 of Part 4 to amendment
PART 3A--UPPER YARRA VALLEY ANDDANDENONG RANGES--REGIONAL STRATEGY PLAN
- 46A Definitions
- 46B Saving of approved regional strategy plan and amending plans
- 46C Amendment of strategy plan
- 46D Approval of Parliament needed after appointed day
- 46E Availability of amendment
- 46F Planning schemes to comply with approved regional strategy plan
- 46G Works to be in conformity with approved regional strategy plan
PART 3AB--INFRASTRUCTURE CONTRIBUTIONS
Division 1--Preliminary
- 46GA Definitions
- 46GB Meaning of ICP land contribution percentage
- 46GC Meaning of infrastructure contribution
- 46GD Meaning of monetary component
- 46GE Meaning of land component
- 46GF Meaning of land equalisation amount
Division 2--Infrastructure contributions plans
- 46GG Infrastructure contributions plans
- 46GH Infrastructure contributions plans not to apply to certain growth area land for provision of State infrastructure
- 46GI Contents of infrastructure contributions plans
Division 3--Directions of Minister
Division 4--Valuation and dispute resolution process for inner public purpose land
- 46GL Definitions
- 46GM Application of Division
- 46GN Planning authority must arrange for estimates of values of inner public purpose land
- 46GO Planning authority must give notice to owners of certain inner public purpose land
- 46GP Notice under section 46GO to be given to affected owners and collecting agency
- 46GQ Affected owner may make submission on estimated value of inner public purpose land
- 46GR Planning authority must consider submission
- 46GS Decision about submissions
- 46GT Valuer-general must hold conference to determine value of inner public purpose land
- 46GU Infrastructure contributions plan must be consistent with estimated value of public purpose land
Division 5--Imposition and collection of infrastructure contribution
- 46GV Imposition of infrastructure contribution
- 46GW Payment of land credit amounts
- 46GX Collecting agency may accept works, services or facilities in satisfaction of monetary component
Division 6--Responsibilities of collecting agencies and development agencies
- 46GY Responsibilities of the collecting agency to keep proper accounts and records
- 46GZ Other responsibilities of the collecting agency
- 46GZA Responsibility of a development agency to keep accounts and records
- 46GZB Other responsibilities of a development agency
Division 7--Responsibilities of collecting agencies and development agencies if infrastructure contributions not expended
- 46GZC Application of Division
- 46GZD Responsibility of collecting agency and development agency if monetary component not expended within life of a plan
- 46GZE Responsibility of collecting agency and development agency if land equalisation amount not expended within life of a plan
- 46GZF Responsibility of collecting agency and development agency if public purpose land is no longer required
Division 8--General
- 46GZG Appropriation of Consolidated Fund
- 46GZH Recovery of monetary component or land equalisation amount of infrastructure contribution as a debt
- 46GZI Reporting requirements of collecting agencies and development agencies
- 46GZJ Minister to report annually
- 46GZK Collecting agency or development agency may deal with public purpose land under this Part
PART 3B--DEVELOPMENT CONTRIBUTIONS
- 46H Definitions
- 46I Development contributions plan
- 46IA Plans not to apply to certain growth area land for provision of State infrastructure
- 46J What can a plan provide for?
- 46K Contents of plan
- 46L Community infrastructure levy not to exceed maximum
- 46LA Adjusted maximum dwelling amount
- 46LB Adjustment of dwelling amount specified in an approved development contributions plan
- 46LC Adjusted payable dwelling amount
- 46M Directions
- 46N Collection of development infrastructure levy
- 46O Collection of community infrastructure levy
- 46P Provisions applying to collection of levies
- 46Q Responsibilities of municipal councils
- 46QA Responsibilities of collecting agencies
- 46QB Responsibilities of development agencies
- 46QC Recovery of levy as debt
- 46QD Reporting requirements of collecting agencies and development agencies
PART 3C--MELBOURNE AIRPORT ENVIRONS STRATEGY PLAN
- 46R Definitions
- 46S Melbourne Airport Environs Area
- 46T Preparation of strategy plan
- 46U Approval of Parliament needed
- 46V Availability of amendment
- 46W Amendment of approved strategy plan
- 46X Planning schemes to comply with approved strategy plan
- 46Y Works to be in conformity with approved strategy plan
PART 3D--WILLIAMSTOWN SHIPYARD SITE STRATEGY PLAN
- 46Z Purpose of Part
- 46ZA Definitions
- 46ZB Williamstown Shipyard Site
- 46ZC Preparation of Williamstown Shipyard Site Strategy Plan
- 46ZD Procedure for making of Williamstown Shipyard Site Strategy Plan
- 46ZE Approval of Parliament needed
- 46ZF Availability of approved strategy plan
- 46ZG Amendments to approved strategy plan
- 46ZH Amendment of planning schemes
PART 4--PERMITS
Division 1--Permits required by planning schemes
- 47 Applications for permits
- 48 What if the applicant is not the owner?
- 49 Responsible authority to keep register
- 50 Amendment to application at request of applicant before notice
- 50A Amendment of application by responsible authority before notice
- 51 Applications to be made available to the public
- 52 Notice of application
- 53 What are the duties of applicants?
- 54 More information
- 54A Applicant may apply for extension of time to provide more information
- 54B When does an application lapse?
- 55 Application to go to referral authorities
- 56 Action by referral authority on application
- 56A Referral authority to keep register
- 57 Objections to applications for permits
- 57A Amendments to application after notice of application is given
- 57B Notice of amended application
- 57C Amended application may go to referral authorities
- 58 Responsible authority to consider all applications
- 58A Responsible authority may request advice from Planning Application Committee
- 59 Time for decision
- 60 What matters must a responsible authority consider?
- 61 Decision on application
- 61A Decisions where responsible authority is a council officer
- 62 What conditions can be put on permits?
- 63 Grant of permit if no objectors
- 64 Grant of permit if there are objectors
- 64A Grant of permit—recommending referral authority objected or recommended condition that was not included
- 65 Refusal of permit
- 66 Notice to referral authority
- 67 When does a permit begin?
- 68 When does a permit expire?
- 68A Expiration of permits for extractive industry
- 69 Extension of time
- 70 Availability of permit
- 71 Correction of mistakes
Division 1A--Amendment of permits by responsible authority
- 72 Application for amendment of permit
- 73 What is the procedure for the application?
- 74 Issue of amended permit if no objectors
- 75 Decision to amend permit if there are objectors
- 75A Decision to amend permit if recommending referral authority objected to or recommended condition that was not included
- 76 Refusal of amendment
- 76A Notice to referral authority
- 76B When does an amendment to a permit begin?
- 76C Review of decision on amendment Division 2 (with any necessary changes) applies to an application for an amendment of a permit and an amendment of a permit as if--
- 76D Powers of Minister in relation to application
Division 2--Reviews by Tribunal
- 77 Applications for review of refusals to grant permits
- 78 Applications for review of requirements
- 79 Applications for review of failures to grant permits
- 80 Applications for review of conditions on permits
- 81 Applications for review relating to extensions of time
- 82 Applications for review where objectors
- 82AAA Request for review by recommending referral authority
- 82AA Applications for review—marine and coastal Crown land
- 82B Affected person may seek leave to apply for review
- 83 Parties to review
- 83A Objectors entitled to notice
- 83AB Recommending referral authority entitled to notice
- 83B Notice if permit application was made without notice
- 84 An application may be determined after an appeal has been lodged
- 84A Parties not restricted to grounds previously notified
- 84AB Tribunal may confine review with agreement
- 84B Matters for Tribunal to take into account
- 85 Determination of applications
- 86 Issue of permit
Division 3--Cancellation and amendment of permits by Tribunal
- 87 What are the grounds for cancellation or amendment of permits?
- 87A Cancellation or amendment of permit issued at direction of Tribunal
- 88 What are the limits on the power to cancel or amend a permit?
- 89 Request for cancellation or amendment
- 90 Hearing by Tribunal
- 90A Matters which Tribunal must take into account
- 91 Determination by Tribunal
- 92 Notice of the cancellation or amendment
- 93 Order to stop development
- 94 Right to compensation
Division 4--Provisions relating to Ministers, government departments and responsible authorities
- 95 Permits required by Ministers or government departments
- 96 Land owned or permit required by responsible authorities
Division 5--Combined permit and amendment process[22]
- 96A Application for permit when amendment requested
- 96B Application of provisions
- 96C Notice of amendment, application and permit
- 96D Hearing by panel
- 96E Report by panel on proposed permit
- 96F Planning authority to consider panel's report
- 96G Determination by planning authority
- 96H Recommendation by planning authority
- 96I Minister may grant permit on approval of amendment
- 96J Issue of permit
- 96K Notice of refusal
- 96L Cancellation of permit
- 96M Application of provisions
- 96N Who is to be the responsible authority?
Division 5A--Metropolitan Planning Levy
- 96O Imposition of levy
- 96P What is a leviable planning permit application?
- 96Q Amount of levy
- 96R CPI adjusted amount
- 96S Notification and payment of levy
- 96T Levy certificate
- 96U Revised levy certificate
- 96V No refund of levy except in cases of mathematical error
- 96W Commissioner's functions and powers
- 96X Prohibition on certain disclosures of information by Commissioner etc.
- 96Y Permitted disclosures
- 96Z Responsible authority or planning authority to keep levy certificate
Division 6--Powers of Minister in relation to applications
- 97B Call in power
- 97C Request by responsible authority
- 97D Referral of applications to Minister
- 97E Panel
- 97F Decision of Minister
- 97G Notice of availability
- 97H Effect of issue of permit
- 97I Application for amendment of permit
- 97J Decision on amendment
- 97K Notice of decision
- 97L Register
- 97M Provisions of Act not to apply Divisions 2 and 3 of this Part and section 149A do not apply in relation to--
PART 4AA--PLANNING APPLICATION COMMITTEE
- 97MA Planning Application Committee
- 97MB Membership of Planning Application Committee
- 97MC Functions of the Planning Application Committee
- 97MD Proceedings of Planning Application Committee
- 97ME Subcommittees
- 97MF Delegation to subcommittee
- 97MG Payment of members of Committee and subcommittees
- 97MH Responsible authority to assist Planning Application Committee
- 97MI Responsible authority to contribute to costs of Planning Application Committee
PART 4A--CERTIFICATES OF COMPLIANCE
- 97N Application for certificate
- 97O Certificate of compliance
- 97P Review of failure or refusal to issue certificate
- 97Q Cancellation or amendment of certificate
- 97R Register
PART 5--COMPENSATION
- 98AAA Part 5 to not apply to inner public purpose land
- 98AA Definitions
- 98 Right to compensation
- 99 When does the right to compensation arise?
- 100 Increased compensation for effect on residence
- 101 Claim for expenses
- 102 What if compensation has been previously paid?
- 103 Small claims
- 104 Maximum amount of compensation payable
- 104A Actual zoning of land may be considered in determining compensation
- 105 Land Acquisition and Compensation Act 1986 to apply
- 106 Loss on sale
- 107 Compensation for removal or lapsing of reservation
- 108 Persons who are not eligible to claim compensation
- 109 When is compensation payable by other authorities?
- 110 Compensation paid to be noted on title
- 111 Recovery of compensation previously paid
- 112 Reimbursement of compensation paid
- 113 Declaration of proposed reservation
PART 6--ENFORCEMENT AND LEGAL PROCEEDINGS
Division 1--Enforcement orders
- 114 Application for enforcement order
- 115 Notice of application
- 116 Determination of Tribunal where no objections
- 117 Determination of Tribunal where objections are received
- 119 What can an enforcement order provide for?
- 120 Interim enforcement orders
- 121 Cancellation of enforcement order or interim enforcement order
- 122 Offences
- 123 Responsible authority may carry out work
- 124 Orders to bind future owners and occupiers
- 125 Injunctions
Division 2--Offences and penalties
- 126 Offence to contravene scheme, permit or agreement
- 127 General penalties
- 128 Criminal liability of officers of bodies corporate—failure to exercise due diligence
- 129 Penalties to be paid to prosecuting authority
- 130 Planning infringements
Division 2A--Order prohibiting the use or development of land under this Act and the Building Act 1993 for period of time
- 131 Order prohibiting the use or development of land for period of time
- 132 Effect of Order
- 132A Nothing in Order prevents emergency order
Division 3--Powers of entry
- 133 Powers of entry
- 134 What must be done before entry?
- 135 Powers of authorised persons who enter land
- 136 Police to assist authorised persons
- 137 Offence to obstruct
- 138 No legal proceedings against authorised persons
Division 4--Evidence and notices
- 139 Evidence of ownership
- 140 Proof of existence and contents of planning scheme
- 141 Evidence of planning scheme provisions and permits
- 142 Evidence of agreements under section 173
- 143 Constitution and procedure of planning authority or responsible authority
- 144 Evidence of minutes
- 145 Notices and service of orders
- 146 Copies of schemes and amendments
- 147 General provisions
Division 5--Applications to Tribunal
- 148 Definitions
- 149 Application for review
- 149A Application by certain persons for declarations
- 149B General application for declaration
- 150 Tribunal orders in relation to proceedings
PART 7--ADVISORY COMMITTEES
PART 8--PANELS
Division 1--Appointment of panels
- 153 Appointment of panels
- 154 Composition of panels
- 155 Chairperson
- 156 Costs and expenses of panel
- 157 Panels with more than one member
- 158 Planning authority to provide assistance
- 158AA Terms of reference for panels relating to Suburban Rail Loop program
Division 1A--Directions panel
Division 2--Hearings
- 159 Directions about hearings
- 160 Hearings to be in public
- 160A Hearings may be conducted in person or by audio link or audio visual link
- 161 General procedure for hearings
- 162 Who may appear before a panel?
- 163 Effect of failure to attend hearing
- 164 Panel may hear two or more submissions together
- 165 Adjournment of hearings
- 166 Technical defects
- 167 Panel may regulate its own proceedings
- 168 Panel may take into account any relevant matter
- 169 Offences
- 170 Immunity for panel members
PART 9--ADMINISTRATION
Division 1--General powers
Division 1A--Compulsory acquisition of public purpose land specified in infrastructure contributions plans
- 172A Definitions in this Division
- 172B Application of Land Acquisition and Compensation Act 1986
- 172C Development agency may acquire outer public purpose land
- 172D Collecting agency or development agency may acquire inner public purpose land
- 172E Application of this Subdivision
- 172F Amount of compensation payable to owner of inner public purpose land
- 172G Owner of inner public purpose land not entitled to compensation under the Land Acquisition and Compensation Act 1986
Division 2--Agreements[25]
- 173 Responsible authority may enter into agreements
- 174 Form and contents of agreement
- 175 Bonds and guarantees
- 176 When does an agreement begin?
- 177 When does an agreement end?
- 178 Amendment of agreements
- 178A Proposal to amend or end agreement
- 178B Matters to be considered in considering proposal to amend or end agreement
- 178C Notice of proposal
- 178D Objections and submissions to responsible authority
- 178E Decision to amend or end agreement
- 178F Notice of decision to amend or end agreement
- 178G Copy of amended agreement to be given to parties
- 178H Responsible authority may require payment of costs
- 178I When does the amendment or ending of an agreement take effect?
- 179 Responsible authority to keep and make available a copy of agreement
- 180 Agreement may not breach planning scheme
- 181 Recording of agreement
- 182 Effect of recording
- 182A New parties to an agreement
- 183 Cancellation or alteration of recording
- 184 Application to Tribunal
- 184A Application to Tribunal by applicant in relation to decisions under Subdivision 2
- 184B Application to Tribunal by party to agreement
- 184C Application to Tribunal by objector
- 184D Application to Tribunal by affected person
- 184E Objectors entitled to notice
- 184F Application to amend or end agreement may be determined after application for review lodged
- 184G Determination of application
Division 3--Powers of Minister
Division 4--Delegation
- 186AA Interpretation
- 186 Minister may delegate some powers
- 187 Secretary may delegate powers to employees
- 188 Planning authorities and responsible authorities may delegate powers
- 188A Victorian Planning Authority may delegate powers
- 189 Minister may delegate to advisory committees and regional planning authorities
- 190 Minister may delegate administration of planning schemes
Division 5--Hearings
- 191 Appointment of committee
- 192 Who may be on the committee?
- 193 Who may attend the hearing?
- 194 Functions of committee
- 195 Effect of hearing
- 196 Fees and allowances
Division 6--Time
- 197 Expedition
Division 6A--Publication and inspection of documents and register requirements
- 197A Public availability requirements
- 197B In person inspection requirements
- 197C Electronic publication requirements
- 197D On request inspection requirements
- 197E Electronic register requirements
- 197F Electronic disclosure of certain personal information in permits and other documents
- 197G Electronic disclosure of certain personal information on registers
- 197H Exception to compliance with certain inspection requirements when an emergency declaration is in force
Division 7--Planning certificates
- 198 Application for planning certificate
- 199 Planning certificates
- 200 Certificate to be proof of certain matters
- 201 Underlying zoning
Division 8--Change of responsible authority or area
- 201A What if the responsible authority changes?
- 201B What if area of planning scheme changes?
- 201C Changes to schemes arising from changes to municipal boundaries
- 201CA Change in boundary of Port of Melbourne Area
Division 9--Supreme Court--limitation of jurisdiction
- 201D Supreme Court—limitation of jurisdiction[26]
PART 9A--PROJECTS OF STATE OR REGIONAL SIGNIFICANCE
- 201E Definitions
- 201F Declaration of project
- 201G Delegation
- 201H Acquisition by agreement
- 201I Powers of compulsory acquisition
- 201J Secretary's powers to dispose of land
- 201K Recommendation of closure of roads
- 201L Order for closure of road
- 201M Temporary closure of road
- 201N Recommendation for removal of easements and restrictions
- 201O Order for removal of easement or restriction
- 201P Compensation
- 201Q Action by Registrar of Titles and Registrar-General
PART 9B--GROWTH AREAS INFRASTRUCTURE CONTRIBUTION
Division 1--Introductory
- 201R Definitions
- 201RAA Minister may declare growth area
- 201RA GAIC events
- 201RB Excluded events
- 201RC Contribution area
- 201RD What is a sub-sale of dutiable property?
- 201RE What is a significant acquisition?
- 201RF Excluded subdivisions of land
- 201RG Excluded building work
- 201RH Taxation Administration Act 1997
- 201RI Part binds the Crown
- 201RJ Application of Divisions 2 and 3 if there is GAIC event that is a certification of a non‑SOC plan of subdivision --Divisions 2 and 3 (except sections 201SE, 201SF, 201SL, 201SPAA and 201SR) apply, with any necessary modifications, in relation to the certification of a non‑SOC plan of subdivision as if any reference to the issue of a statement of compliance relating to a plan of subdivision were a reference to the certification of a non‑SOC plan of subdivision.
Division 2--Imposition of growth areas infrastructure contribution
- 201S Imposition of growth areas infrastructure contribution
- 201SA Circumstances where GAIC not imposed
- 201SB Liability for GAIC taken not to have arisen in certain circumstances
- 201SC Liability for GAIC arising when GAIC event occurs
- 201SD Liability for GAIC arising after GAIC event occurs
- 201SE Time of occurrence of GAIC event
- 201SF Persons liable to pay GAIC
- 201SG Amount of GAIC
- 201SGA Apportionment of GAIC on issue of statement of compliance
- 201SH Minister may fix lower increase in GAIC
- 201SI Governor in Council may fix lower GAIC
- 201SJ Instrument or statement must be lodged evidencing dutiable transaction
- 201SK Acquisition statement
- 201SL When and to whom the GAIC is payable
- 201SLA Refund of GAIC if land no longer in contribution area
- 201SLB Minister may enter into agreements
- 201SLC Matters to be included in a work-in-kind agreement
- 201SLD Work-in-kind agreement may contain restriction on land dealings
- 201SLE Copy of work-in-kind agreement must be given to Commissioner and Victorian Planning Authority
- 201SLF Amendment of work-in-kind agreement
- 201SLG Ending of work-in-kind agreement
- 201SLH Work-in-kind agreements to be recorded by Registrar of Titles
- 201SLI Restrictions on dealings with land
- 201SLJ Entering into a work-in-kind agreement does not discharge GAIC
- 201SLK Person must notify the Victorian Planning Authority of performance of agreement
- 201SLL Victorian Planning Authority must determine whether agreement has been performed
- 201SLM Performance of work-in-kind agreement taken to be payment of GAIC
- 201SLN Person in default if work-in-kind agreement not performed by due date
- 201SM Person may elect to defer payment of GAIC
- 201SMAA Liability to pay deferred GAIC in relation to subsequent dutiable transactions
- 201SMA Indexation and interest applying to deferred GAIC
- 201SN Method of calculating indexation of deferred GAIC
- 201SO Interest payable on deferred GAIC
- 201SOA Remission of interest by Commissioner
- 201SOB Removal of liability for GAIC if land ceases to be in contribution area
- 201SOC Apportionment of GAIC on issue of statement of compliance
- 201SP Deferred GAIC and interest must be paid to Commissioner by due date
- 201SPAA Time for payment of apportioned and deferred GAIC on public purpose land subdivision
- 201SPA Default on payment of deferred GAIC
- 201SQ Deferred GAIC becomes a charge on the land
- 201SR Approval by Minister for staged payment of GAIC for subdivisions or building works
- 201SRA Subsequent owner of land in respect of which approval granted liable to pay GAIC
- 201SS Time for paying GAIC does not apply if approval for staged payment
- 201ST Interest payable on GAIC subject to staged payment
- 201SU Minister must give person notice of staged payment approval
- 201SV Staged payment approval payments to be paid to Commissioner
- 201SW GAIC subject to staged payment is a charge on land
- 201SX Commissioner to give certain certificates to persons relating to their GAIC liability
- 201SY Certificate of release
- 201SZ Certificate of deferral
- 201SZA Certificate of staged payment approval
- 201SZB Certificate of partial release
- 201SZC Certificate of exemption
- 201SZD Certificate of no GAIC liability
- 201SZE Certificates issued under this Subdivision
- 201SZF GAIC certificate
- 201SZG Notice to Registrar regarding registration of subdivision or transfer of land
- 201SZH Commissioner may seek assistance for issuing certificates
- 201SZI Certificate not to be taken as an assessment
- 201SZJ Commissioner to pay GAIC into Consolidated Fund
Division 3--Exemptions and reductions of GAIC liability
- 201TA Exemption from paying GAIC if no consideration
- 201TB Exemption from paying GAIC if duties exemption would apply
- 201TC Exemption from paying GAIC for land dealings involving public authorities and councils
- 201TD Exemption for transfer of land by owner to superannuation fund or to beneficiaries
- 201TE Governor in Council may grant reduction or exemption of GAIC in certain circumstances
- 201TF Reduction of GAIC if agreement to provide State infrastructure or funds
- 201TG Notice of determination of application
Division 4--Powers and duties ofVictorian Planning Authority, Commissioner and Registrar of Titles regarding GAIC
- 201U Victorian Planning Authority to keep record of contribution area
- 201UA Access to records and information relating to GAIC
- 201UAA Victorian Planning Authority to inform Commissioner when precinct structure plan applies to contribution area land
- 201UAB Victorian Planning Authority may request council to provide information about contribution area land
- 201UB Victorian Planning Authority to notify the Registrar of land subject to GAIC
- 201UC Application to remove recording on land relating to GAIC
- 201UD Registrar to make a recording on land that may be subject to GAIC
- 201UE Registrar to remove recordings on land not subject to GAIC
- 201UF No entitlement to compensation in connection with Registrar's duties
- 201UG Registrar not to accept transfer unless accompanied by notice or application from Commissioner or Victorian Planning Authority
Division 5--Growth areas funds
- 201V Establishment of growth areas funds
- 201VA Application of Growth Areas Public Transport Fund
- 201VB Application of Building New Communities Fund
- 201VC Department and Victorian Planning Authority to report on GAIC and growth area funds
PART 10--REGULATIONS
PART 11--REPEALS, TRANSITIONAL AND SAVINGS
- 206 Savings generally
- 207 Schemes and orders
- 208 Permits
- 211 Savings for permits issued in accordance with revoked scheme or order
- 212 Savings for appeals determined in accordance with revoked scheme or order
- 213 Transitional provisions
- 214 Transitional provisions
- 215 Transitional—Planning and Environment (General Amendment) Act 2004
- 216 Transitional—Amendment of permits
- 217 Transitional—Planning and Environment Amendment Act 2007
- 218 Transitional provisions—Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011
- 220 Transitional provisions—Duties Amendment (Landholder) Act 2012
- 220A Transitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013
- 220B Transitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013
- 221 Transitional provisions—Planning and Environment Amendment (General) Act 2013
- 222 Transitional provisions—State Taxation Acts Further Amendment Act 2016
- 223 Transitional provisions—Victorian Planning Authority Act 2017
- 225 Transitional provision—Project Development and Construction Management Amendment Act 2020
- 226 Transitional provisions about publication and inspection requirements—Planning and Environment Amendment Act 2021
- 227 Transitional provision about directions—Planning and Environment Amendment Act 2021
- 228 Transitional and savings provisions—Building and Planning Legislation Amendment Act 2023
- 229 Transitional provisions—State Taxation Acts Amendment Act 2023