Planning and Environment Amendment …FILE/15-035a.docx · Web viewPage Endnotes Planning and Environment Amendment (Infrastructure Contributions) Act 2015 No. 35 of 2015 Planning

Planning and Environment Amendment (Infrastructure Contributions) Act 2015

No. 35 of 2015

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 2

Part 2—Amendment of Planning and Environment Act 1987 3

3 Definitions 34 New Part 3AB inserted 35 Definitions in Part 3B 206 Development contributions plan 207 Section 46IA substituted 218 Contents of plan 219 Directions 2210 Responsibilities of municipal councils 2311 Responsibilities of collecting agencies 2312 Responsibilities of development agencies 2313 New section 46QD inserted 2414 What conditions can be put on permits? 2415 Definitions in Part 9B 25

Part 3—Amendment of Subdivision Act 1988 26

16 Council may require public open space 26

Part 4—Repeal of amending Act 27

17 Repeal of amending Act 27═══════════════

Endnotes 28

1 General information 28

1

Planning and Environment Amendment (Infrastructure Contributions) Act

2015†

No. 35 of 2015

[Assented to 1 September 2015]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The purposes of this Act are—

(a) to amend the Planning and Environment Act 1987—

Victoria

1

(i) to provide for a new system for levying and collecting contributions towards the provision of infrastructure; and

(ii) to make related consequential amendments; and

(b) to make a related amendment to the Subdivision Act 1988.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 June 2016, it comes into operation on that day.

Section Page

2

Part 2—Amendment of Planning and Environment Act 1987

3 Definitions

Insert the following definition in section 3(1) of the Planning and Environment Act 1987—

"precinct structure plan in relation to land means a precinct structure plan which has been incorporated by the planning scheme applying to that land;".

4 New Part 3AB inserted

After Part 3A of the Planning and Environment Act 1987 insert—

"Part 3AB—Infrastructure Contributions

46GA Definitions

In this Part—

approved infrastructure contributions plan means an infrastructure contributions plan that forms part of an approved planning scheme;Note

An infrastructure contributions plan will form part of an approved planning scheme if it is incorporated by that planning scheme or forms part of a precinct structure plan or strategic plan that is incorporated by that planning scheme.

collecting agency means a person specified in an infrastructure contributions plan as a person to whom or to which an infrastructure levy is payable under this Part;

Part 4—Repeal of amending Act


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development agency means a person specified in an infrastructure contributions plan as a person responsible for the provision of works, services or facilities or for the plan preparation costs for which an infrastructure levy or part of that levy is payable under this Part;

development contribution levy means a development infrastructure levy or community infrastructure levy that is payable under Part 3B;

Minister's direction means a direction issued by the Minister under this Part;

plan preparation costs means the costs and expenses referred to in section 46GB(1)(b).

46GB Infrastructure contributions plan

(1) Without limiting section 6, a planning scheme may include one or more infrastructure contributions plans for the purposes of levying contributions to fund—

(a) the provision of works, services and facilities in relation to the development of land in the area to which the plan applies; and

(b) the reasonable costs and expenses incurred by the planning authority (other than the Growth Areas Authority) in preparing the plan and any strategic plan or precinct structure plan relating to, or required for, the preparation of the infrastructure contributions plan (the plan preparation costs).



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Note

The planning authority that prepares the infrastructure contributions plan and related plans may not be the same planning authority that subsequently prepares an amendment to the planning scheme to incorporate the infrastructure contributions plan.

(2) Subsection (1) is subject to section 46GC.

46GC Plans not to apply to certain growth area land for provision of State infrastructure

An infrastructure contributions plan must not be included in a planning scheme if—

(a) the purpose of the plan is to impose an infrastructure levy in relation to the development of land in the contribution area (within the meaning of Part 9B); and

(b) a development agency responsible for carrying out any of the works, services or facilities or for the plan preparation costs for which the levy is imposed is not a municipal council.

46GD Plan may impose infrastructure levy

An infrastructure contributions plan may provide for the imposition of an infrastructure levy in relation to the development of land consisting of either or both of the following—

(a) a standard levy;

(b) a supplementary levy.



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46GE Contents of plan

(1) An infrastructure contributions plan must—

(a) specify the area to which it applies; and

(b) specify the plan preparation costs, works, services and facilities to be funded through the plan; and

(c) set out the staging of the provision of the works, services or facilities to be funded through the plan; and

(d) specify the land in the area and the classes of development of land in respect of which an infrastructure levy is payable; and

(e) relate the need for the plan preparation costs, works, services or facilities to be funded through the plan to the proposed development of land in the area; and

(f) specify the plan preparation costs, works, services and facilities to be funded from the standard levy; and

(g) specify the standard levy rate for each class of development of land according to the type of land to be developed; and

(h) specify the method and timing of annual indexation to be applied to those standard levy rates; and

(i) specify the following in relation to the supplementary levy—

(i) the works, services and facilities to be funded from the supplementary levy;



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(ii) the amount of the plan preparation costs and the estimated cost of each of the works, services and facilities to be funded from the supplementary levy;

(iii) the method and timing of annual indexation to be applied to the estimated cost of each of the works, services and facilities to be funded from the supplementary levy;

(iv) the proportion of the total of the costs referred to under subparagraph (ii) to be funded from the supplementary levy; and

(j) specify the method for determining the amount of supplementary levy payable in respect of any development of land; and

(k) specify the Minister, public authority or municipal council to whom or to which the infrastructure levy is payable under this Part (the collecting agency); and

(l) specify the Minister, public authority or municipal council who or which is to be responsible for the provision of the works, services or facilities or for the plan preparation costs for which an infrastructure levy or part of that levy is payable under this Part (the development agency); andNote

There may be more than one development agency.

(m) provide for the procedures for the collection of an infrastructure levy in



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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 direction to be included in the plan.

(2) An infrastructure contributions plan may—

(a) provide for different rates of infrastructure levy to be payable in respect of different classes of development of land or types of land in the area to which the plan applies; and

(b) provide for a lower rate of standard levy for the development of a particular type of land specified in a Minister's direction than the standard levy rate for that class of development of land specified in a Minister's direction if—

(i) the planning authority, the affected landowners, the municipal council of the municipal district in which the land is located and the development agency or agencies specified in the plan agree; or

(ii) the Minister consents.

(3) An infrastructure contributions plan may specify the same person to be both a collecting agency and a development agency.

46GF Directions of Minister

(1) The Minister may issue written directions to planning authorities in relation to the preparation and content of infrastructure contributions plans.



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(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

(c) specify the classes of development of land in respect of which a standard levy or a supplementary levy or both of those levies may or may not be imposed under an infrastructure contributions plan; and

(d) specify the types of plan preparation costs and works, services and facilities that may or may not be funded from a standard levy or a supplementary levy or both of those levies under an infrastructure contributions plan; and

(e) specify—

(i) the standard levy rates to be applied under an infrastructure contributions plan for each class of development of land according to the type of land to be developed; and



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(ii) the method for determining the amount of the 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 rates; and

(g) set out the requirements that a planning authority must comply with and the criteria that it must have regard to when deciding whether to impose a supplementary levy for the development of land under an infrastructure contributions plan; and

(h) specify the method for estimating the cost of the works, services and facilities to be funded from a supplementary levy under an infrastructure contributions plan; and

(i) specify the method and timing of annual indexation to be applied to the estimated cost of each of the works, services and facilities to be funded from a supplementary levy under an infrastructure contributions plan; and

(j) specify the method for determining the amount of supplementary levy payable in respect of any development of land in the area to which an infrastructure contributions plan applies; and

(k) specify the maximum amount of any standard levy imposed under an infrastructure contributions plan that may be used for the provision of community and recreation works, services or facilities according to the



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type of land to be developed and the class of development of that land; and

(l) specify the method and timing of annual indexation of the maximum amount referred to in paragraph (k); and

(m) specify the maximum proportion of any standard levy or supplementary levy imposed under an infrastructure contributions plan that may be used to fund plan preparation costs in relation to that plan; and

(n) specify the type of land to which section 18(1AB) of the Subdivision Act 1988 applies; and

(o) specify the method for valuing land that has been provided under section 46GH and that is to be set aside for public purposes under an infrastructure contributions plan; and

(p) specify requirements for the staging and timing of the provision of works, services and facilities funded by an infrastructure contributions plan; and

(q) specify any other information to be included in an infrastructure contributions plan.

(4) The Minister must cause a notice to be published in the Government Gazette of all directions issued under this section.

(5) Part 2A of the Subordinate Legislation Act 1994 does not apply to the first direction issued and published under this section.



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46GG Collection of infrastructure levy

(1) Without limiting section 62, if—

(a) an approved infrastructure contributions plan provides that an infrastructure levy is payable in respect of the development of any land; and

(b) an application is made under this Act for a permit to carry out that development on that land—

the responsible authority must include a condition in the permit that the applicant—

(c) pay the amount of the levy to the relevant collecting agency within a specified time or within a time specified by the collecting agency; or

(d) enter into an agreement with the relevant collecting agency to pay the amount of the levy within a time specified in the agreement.

(2) If—

(a) an approved infrastructure contributions plan provides that an infrastructure levy is payable in respect of the development of any land; and

(b) a permit is not required under this Act for the development—

a person who proposes to carry out that development of the land must—

(c) pay the amount of the levy to the relevant collecting agency within a time and in a manner specified by the



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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.

46GH Provisions applying to collection of levies

(1) The relevant collecting agency may require the payment of an amount of infrastructure levy referred to in section 46GG to be secured to its satisfaction.

(2) Subject to subsection (3), the relevant collecting agency may accept the provision of land, works, services or facilities by the applicant in part or full satisfaction of the amount of infrastructure levy payable.

(3) Before accepting the provision of land, works, services or facilities by the applicant in part or full satisfaction of the amount of infrastructure levy payable, the relevant collecting agency must obtain the agreement of the relevant development agency or agencies specified in the approved infrastructure contributions plan, unless the collecting agency is the only development agency specified in that plan.

(4) Subsection (2) applies to land, works, services or facilities provided before or after the application for the permit was made or the development is carried out.

(5) Subsection (2) does not apply to land provided in accordance with any requirement of the Subdivision Act 1988 or any corresponding previous enactment.



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46GI Responsibilities of municipal councils

(1) A municipal council must, in accordance with the Local Government Act 1989, keep proper accounts of any amount of infrastructure levy paid to it as a collecting agency or a development agency under this Part.

(2) A municipal council to which an amount of infrastructure levy is paid as a collecting agency under this Part must forward to a development agency any part of the levy that is imposed for plan preparation costs incurred by the development agency or for the carrying out of works, services or facilities by or on behalf of the development agency.

(3) Subject to this section, a municipal council to which an amount of infrastructure levy is paid as a development agency under this Part must apply that amount only—

(a) for a purpose relating to plan preparation costs or the provision of works, services and facilities in respect of which the levy was imposed; and

(b) in accordance with the approved infrastructure contributions plan.

(4) A municipal council may refund any amount of infrastructure levy paid to it as a development agency under this Part in respect of a development if it is satisfied that the development is not to proceed.

(5) If—

(a) an amount of infrastructure levy has been paid to a municipal council as a development agency under this Part for



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the plan preparation costs incurred by the 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 6 months after the end of that period—

(c) with the consent of the Minister and in the manner approved by the Minister, pay that amount to the current owners of land in the area; or

(d) in accordance with Part 3, submit to the Minister an amendment to the approved infrastructure contributions plan to provide for the expenditure of that amount; or

(e) with the consent of the Minister and in the manner approved by the Minister, expend that amount for the provision of other works, services or facilities in that area.

46GJ Responsibilities of collecting agencies

(1) In this section collecting agency does not include a municipal council.

(2) A collecting agency must keep proper accounts of any amount of infrastructure levy paid to it under this Part.

(3) A collecting agency to which an amount of infrastructure levy is paid under this Part must forward to a development agency any part of the levy that is imposed for plan preparation costs incurred by the



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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 Growth Areas Authority is a collecting agency under this Part, a development agency to which an amount of infrastructure levy is paid by the Growth Areas Authority under this Part must, in accordance with any requirements of the Authority—

(a) report on the use of the amount in the development agency's annual report; and

(b) provide reports on the use of the amount to the Authority.



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(5) Subject to this section, if a development agency pays an amount of infrastructure levy into the Consolidated Fund under this Part, the development agency must apply that amount only—

(a) for a purpose relating to plan preparation costs or the provision of works, services or facilities in respect of which the levy was imposed; and

(b) in accordance with the approved infrastructure contributions plan.

(6) A development agency may refund any amount of infrastructure levy paid to it under this Part in respect of a development if it is satisfied that the development is not to proceed.

(7) If—

(a) an amount of infrastructure levy has been paid to a development agency under this Part for plan preparation costs incurred by the development agency or for the provision by the development agency of works, services or facilities in an area; and

(b) that amount has not been expended within the period required by the approved infrastructure contributions plan—

the development agency must within 6 months after the end of that period—

(c) with the consent of the Minister and in the manner approved by the Minister,



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pay that amount to the current owners of land in the area; or

(d) in accordance with Part 3, submit to the Minister an amendment to the approved infrastructure contributions plan to provide for the expenditure of that amount; or

(e) with the consent of the Minister and in the manner approved by the Minister, expend that amount for the provision of other works, services or facilities in that area.

(8) The Consolidated Fund is appropriated to the extent necessary for the purposes of subsections (5), (6) and (7).

46GL Recovery of levy as debt

A collecting agency may recover any amount of infrastructure levy payable to it under this Part as a debt due to that collecting agency in any court of competent jurisdiction.

46GM Reporting requirements of collecting agencies and development agencies

(1) A collecting agency or development agency must prepare and give a report to the Minister, at the times required by the Minister, relating to—

(a) any infrastructure levy paid to it as a collecting agency under this Part; and

(b) any land, works, services or facilities accepted by it as a collecting agency in part or full satisfaction of an amount of infrastructure levy payable under this Part; and

(c) the use of any amount of infrastructure levy paid to it as a development agency



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under this Part; and

(d) the use made by it as a development agency of any land, works, services or facilities referred to in paragraph (b).

(2) A report required under subsection (1) must be prepared in accordance with any requirements of the Minister.

46GN Minister to report annually

The Minister must cause to be tabled in each House of Parliament at intervals not exceeding 12 months a report setting out—

(a) the total amount of infrastructure levies and development contribution levies paid to a municipal council as a collecting agency or development agency during the period covered by the report; and

(b) the total amount of infrastructure levies and development contribution levies paid to a collecting agency that is not a municipal council during the period covered by the report; and

(c) the total amount of infrastructure levies and development contribution levies paid to the Consolidated Fund during the period covered by the report; and

(d) the total amount of infrastructure levies and development contribution levies paid out of the Consolidated Fund during the period covered by the report; and

(e) the total amount of infrastructure levies and development contribution levies



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paid during the period covered by the report.".

5 Definitions in Part 3B

In section 46H of the Planning and Environment Act 1987—

(a) in the definition of development agency, after "facilities" insert "or for the plan preparation costs";

(b) in the definition of dwelling, in paragraph (b), for "1998." substitute "1998;";

(c) insert the following definition—

"plan preparation costs means the costs and expenses referred to in section 46I(1)(b).".

6 Development contributions plan

For section 46I(1) of the Planning and Environment Act 1987 substitute—

"(1) Without limiting section 6, a planning scheme may include one or more development contributions plans for the purposes of levying contributions to fund—

(a) the provision of works, services and facilities in relation to the development of land in the area to which the plan applies; and

(b) the reasonable costs and expenses incurred by the planning authority (other than the Growth Areas Authority) in preparing the plan and any strategic plan or precinct structure plan relating to, or required for, the preparation of the development



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contributions plan (the plan preparation costs).

Note

The planning authority that prepares the development contributions plan and related plans may not be the same planning authority that subsequently prepares an amendment to the planning scheme to incorporate the development contributions plan.".

7 Section 46IA substituted

For section 46IA of the Planning and Environment Act 1987 substitute—

"46IA Plans not to apply to certain growth area land for provision of State infrastructure

A development contributions plan must not be included in a planning scheme if—

(a) the purpose of the plan is to impose a levy in relation to the development of land in the contribution area (within the meaning of Part 9B); and

(b) a development agency responsible for carrying out any of the works, services or facilities or for the plan preparation costs for which the levy is imposed is not a municipal council.".

8 Contents of plan

In section 46K(1) of the Planning and Environment Act 1987—

(a) in paragraph (b)—

(i) before "works" (where first occurring) insert "plan preparation costs,";



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(ii) for "those works" substitute "the works";

(b) in paragraph (c), before "works" insert "plan preparation costs,";

(c) in paragraph (d)—

(i) before "works" (where first and thirdly occurring) insert "plan preparation costs,";

(ii) before "the estimated" insert "the amount of the plan preparation costs and";

(d) in paragraph (e), for "works services" substitute "plan preparation costs, works, services";

(e) in paragraph (fb), after "facilities" insert "or for the plan preparation costs".

9 Directions

(1) In section 46M(2) of the Planning and Environment Act 1987—

(a) before paragraph (a) insert—

"(aa) specify the types of land to which a development contributions plan may or may not apply; and";

(b) in paragraphs (a), (b), (c) and (fa), before "works" (wherever occurring) insert "types of plan preparation costs,".

(2) After section 46M(2)(g) of the Planning and Environment Act 1987 insert—

"(ga) specify the maximum proportion of any development infrastructure levy or community infrastructure levy imposed under a development contributions plan that



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may be used to fund plan preparation costs in relation to that plan;".

10 Responsibilities of municipal councils

(1) In section 46Q(1A) of the Planning and Environment Act 1987, after "imposed for" insert "plan preparation costs incurred by the development agency or for".

(2) In section 46Q(2)(a) of the Planning and Environment Act 1987, before "the provision" insert "plan preparation costs or".

(3) For section 46Q(4)(a) of the Planning and Environment Act 1987 substitute—

"(a) an amount of levy has been paid to a municipal council as a development agency under this Part for plan preparation costs incurred by the council or for the provision by the council of works, services or facilities in an area; and".

11 Responsibilities of collecting agencies

In section 46QA(3) of the Planning and Environment Act 1987, after "imposed" insert "for plan preparation costs incurred by the development agency or".

12 Responsibilities of development agencies

(1) In section 46QB(4)(a) of the Planning and Environment Act 1987, before "the provision" insert "plan preparation costs or".

(2) For section 46QB(6)(a) of the Planning and Environment Act 1987 substitute—



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"(a) an amount of levy has been paid to a development agency under this Part for plan preparation costs incurred by the development agency or for the provision by the development agency of works, services or facilities in an area; and".

13 New section 46QD inserted

After section 46QC of the Planning and Environment Act 1987 insert—

"46QD Reporting requirements of collecting agencies and development agencies

(1) A collecting agency or development agency must prepare and give a report to the Minister, at the times required by the Minister, relating to—

(a) any amount of levy paid to it as a collecting agency under this Part; and

(b) any land, works, services or facilities accepted by it as a collecting agency in part or full satisfaction of an amount of levy payable under this Part; and

(c) the use of any amount of levy paid to it as a development agency under this Part; and

(d) the use made by it as a development agency of any land, works, services or facilities referred to in paragraph (b).

(2) A report required under subsection (1) must be prepared in accordance with any requirements of the Minister.".

14 What conditions can be put on permits?

(1) For section 62(5)(a) of the Planning and Environment Act 1987 substitute—



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"(a) include a condition required to implement an approved development contributions plan (within the meaning of Part 3B) or an approved infrastructure contributions plan (within the meaning of Part 3AB); or".

(2) In section 62(6)(a) of the Planning and Environment Act 1987, for "or section 46N" substitute ", section 46N or 46GG".

15 Definitions in Part 9B

In section 201R of the Planning and Environment Act 1987 the definition of precinct structure plan is repealed.



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Part 3—Amendment of Subdivision Act 198816 Council may require public open space

(1) In section 18(1AA) of the Subdivision Act 1988, for "This section" substitute "Subject to subsection (1AB), this section".

(2) After section 18(1AA) of the Subdivision Act 1988 insert—

"(1AB) This section does not apply to land to which a planning scheme applies if—

(a) the planning scheme includes an approved infrastructure contributions plan (within the meaning of section 46GA of the Planning and Environment Act 1987); and

(b) the infrastructure contributions plan applies to that land; and

(c) the land is of a type of land specified in a direction of the Minister issued under section 46GF(3)(n) of the Planning and Environment Act 1987 as being land to which this subsection applies.".



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Part 4—Repeal of amending Act17 Repeal of amending Act

This Act is repealed on 1 June 2017.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


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http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 10 June 2015

Legislative Council: 25 June 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Planning and Environment Act 1987 to provide for a new system for levying and collecting contributions towards the provision of infrastructure and to make a related amendment to the Subdivision Act 1988 and for other purposes."

Documents

Planning and Environment Amendment …FILE/15-035a.docx · Web viewPage Endnotes Planning and Environment Amendment (Infrastructure Contributions) Act 2015 No. 35 of 2015 Planning