PLANNING AND ENVIRONMENT AMENDMENT (INFRASTRUCTURE CONTRIBUTIONS AND OTHER MATTERS) BILL 2014
PARLIAMENT OF VICTORIA Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2--INFRASTRUCTURE CONTRIBUTIONS PLANS 3 Division 1--Amendments to the Planning and Environment Act 1987 3 3 Definitions 3 4 New Part 3AB inserted 3 PART 3AB--INFRASTRUCTURE CONTRIBUTIONS 3 46GA Definitions 3 46GB Infrastructure contributions plan 4 46GC Plans not to apply to certain growth area land for provision of State infrastructure 5 46GD Plan may impose infrastructure levy 5 46GE Contents of plan 6 46GF Directions of Minister 9 46GG Collection of infrastructure levy 12 46GH Provisions applying to collection of levies 13 46GI Responsibilities of municipal councils 13 46GJ Responsibilities of collecting agencies 15 46GK Responsibilities of development agencies 16 46GL Recovery of levy as debt 18 46GM Reporting requirements of collecting agencies and development agencies 18 5 Definitions in Part 3B 18 6 Development contributions plan 19 7 Section 46IA substituted 20 46IA Plans not to apply to certain growth area land for provision of State infrastructure 20 8 Contents of plan 20 571491B.I-19/8/2014 i BILL LA INTRODUCTION 19/8/2014
Clause Page 9 Directions 21 10 Responsibilities of municipal councils 21 11 Responsibilities of collecting agencies 22 12 Responsibilities of development agencies 22 13 What conditions can be put on permits? 22 14 Definitions in Part 9B 22 Division 2--Amendment to the Subdivision Act 1988 23 15 Council may require public open space 23 PART 3--METROPOLITAN PLANNING AUTHORITY 24 16 Definitions--section 3 24 17 Heading to Part 3AAB substituted 24 PART 3AAB--METROPOLITAN PLANNING AUTHORITY 24 18 Definitions--section 46AN 24 19 Heading to Division 2 of Part 3AAB substituted 24 Division 2--Metropolitan Planning Authority 24 20 Change of name of Growth Areas Authority to Metropolitan Planning Authority 24 21 Objectives 25 22 Functions 25 23 Powers 26 24 Minister may give directions to the Metropolitan Planning Authority 26 25 Members 26 26 Chairperson and Deputy Chairperson 26 27 Meetings 26 28 Validity of decisions 27 29 Disclosure of interests 27 30 Chief Executive Officer 27 31 Staff 27 32 Power of delegation 27 33 Annual business plan 27 34 Confidential information 28 35 New sections 222 and 223 inserted--transitional provisions 28 222 Transitional provisions--Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Act 2014 28 223 Transitional regulations--Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Act 2014 29 36 Consequential amendments 29 571491B.I-19/8/2014 ii BILL LA INTRODUCTION 19/8/2014
Clause Page PART 4--REPEAL OF AMENDING ACT 30 37 Repeal of amending Act 30 __________________ SCHEDULE--Consequential Amendments 31 1 Planning and Environment Act 1987 31 2 Subdivision Act 1988 33 3 Taxation Administration Act 1997 33 4 Transport Integration Act 2010 33 ENDNOTES 34 571491B.I-19/8/2014 iii BILL LA INTRODUCTION 19/8/2014
PARLIAMENT OF VICTORIA Introduced in the Assembly Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 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 to change the name of the Growth Areas Authority to the Metropolitan Planning Authority and make consequential amendments and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The purposes of this Act are-- (a) to amend the Planning and Environment 5 Act 1987-- 571491B.I-19/8/2014 1 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 1--Preliminary s. 2 (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 5 Areas Authority to the Metropolitan Planning Authority; and (iii) to expand the objectives and functions of the Metropolitan Planning Authority; and 10 (iv) to make related consequential amendments; and (b) to make a related amendment to the Subdivision Act 1988. 2 Commencement 15 (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. __________________ 571491B.I-19/8/2014 2 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 3 PART 2--INFRASTRUCTURE CONTRIBUTIONS PLANS Division 1--Amendments to the Planning and Environment Act 1987 3 Definitions 5 Insert the following definition in section 3(1) of See: Act No. the Planning and Environment Act 1987-- 45/1987. Reprint No. 11 "precinct structure plan in relation to land means as at 28 October a precinct structure plan which has been 2013 incorporated by the planning scheme and 10 applying to that land;". amending Act Nos 70/2013, 17/2014, 37/2014, 40/2014 and 44/2014. LawToday: www. legislation. vic.gov.au 4 New Part 3AB inserted After Part 3A of the Planning and Environment Act 1987 insert-- "PART 3AB--INFRASTRUCTURE 15 CONTRIBUTIONS 46GA Definitions In this Part-- approved infrastructure contributions plan means an infrastructure contributions 20 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 25 incorporated by that planning scheme or forms part of a precinct structure plan or strategic plan that is incorporated by that planning scheme. 571491B.I-19/8/2014 3 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 4 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 5 Part; development agency means a person specified in an infrastructure contributions plan as a person responsible for the provision of works, 10 services or facilities or for the plan preparation costs for which an infrastructure levy or part of that levy is payable under this Part; Minister's direction means a direction issued 15 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 20 (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 25 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 30 (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 35 contributions plan (the plan preparation costs). 571491B.I-19/8/2014 4 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 4 Note The planning authority that prepares the infrastructure contributions plan and related plans may not be the same planning authority 5 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 10 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 15 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 20 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 25 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; 30 (b) a supplementary levy. 571491B.I-19/8/2014 5 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 4 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, 5 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 10 (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 15 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 20 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 25 (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-- 30 (i) the plan preparation costs, works, services and facilities to be funded from the supplementary levy; 571491B.I-19/8/2014 6 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 4 (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 5 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 10 funded from the supplementary levy; (iv) the proportion of the total of the costs referred to under subparagraph (ii) to be funded 15 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 20 (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 25 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 30 levy is payable under this Part (the development agency); and Note There may be more than one development agency. 571491B.I-19/8/2014 7 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 4 (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 5 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-- 10 (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; 15 and (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 20 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 25 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. 30 (3) An infrastructure contributions plan may specify the same person to be both a collecting agency and a development agency. 571491B.I-19/8/2014 8 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 4 46GF Directions of Minister (1) The Minister may issue written directions to planning authorities in relation to the preparation and content of infrastructure 5 contributions plans. (2) Planning authorities must comply with a direction issued by the Minister under this section. (3) Without limiting subsection (1), the 10 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 15 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 20 (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 25 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 30 or both of those levies under an infrastructure contributions plan; and (e) specify-- (i) the standard levy amounts or rates to be applied under an 35 infrastructure contributions plan 571491B.I-19/8/2014 9 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 4 for each class of development of land according to the type of land to be developed; and (ii) the method for determining the 5 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 10 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 15 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 20 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 25 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 30 amount of supplementary levy payable in respect of any development of land in the area to which an infrastructure contributions plan applies; and 571491B.I-19/8/2014 10 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 4 (k) specify the maximum amount or proportion of all the standard levies, imposed during the period for which an infrastructure contributions plan is in 5 force, that may be used for the provision of community and recreation works, services or facilities during that period by all development agencies specified in that plan; and 10 (l) specify the method and timing of annual indexation of the maximum amount or proportion referred to in paragraph (k); and (m) specify the maximum amount or 15 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 20 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 25 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 30 (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 35 directions issued under this section. 571491B.I-19/8/2014 11 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 4 46GG Collection of infrastructure levy (1) Without limiting section 62, if-- (a) an approved infrastructure contributions plan provides that an 5 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-- 10 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 15 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. 20 (2) If-- (a) an approved infrastructure contributions plan provides that an infrastructure levy is payable in respect of the development of any land; and 25 (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 30 relevant collecting agency within a time and in a manner specified by the collecting agency in accordance with the approved infrastructure contributions plan; or 571491B.I-19/8/2014 12 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 4 (d) enter into an agreement with the relevant collecting agency to pay the amount of the levy within a time specified in the agreement. 5 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. 10 (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. 15 (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 20 provided in accordance with any requirement of the Subdivision Act 1988 or any corresponding previous enactment. 46GI Responsibilities of municipal councils (1) A municipal council must, in accordance 25 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. 30 (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 35 incurred by the development agency or for the carrying out of works, services or 571491B.I-19/8/2014 13 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 4 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 5 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 10 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 15 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 20 been paid to a municipal council as a development agency under this Part for the plan preparation costs incurred by the council or for the provision by the council of works, services or facilities 25 in an area; and (b) that amount has not been expended within the period required by the approved infrastructure contributions plan-- 30 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 35 of land in the area; or 571491B.I-19/8/2014 14 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 4 (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 5 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 10 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 15 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 20 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. 25 (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. 30 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. 571491B.I-19/8/2014 15 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 4 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 5 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 10 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 15 Metropolitan Planning 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; 20 and (b) provide reports on the use of the amount to the Authority. (5) Subject to this section, if a development agency pays an amount of infrastructure levy 25 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 30 works, services or facilities in respect of which the levy was imposed; and (b) in accordance with the approved infrastructure contributions plan. 571491B.I-19/8/2014 16 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 4 (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 5 proceed. (7) If-- (a) an amount of infrastructure levy has been paid to a development agency under this Part for plan preparation 10 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 15 within the period required by the approved infrastructure contributions plan-- the development agency must within 6 months after the end of that period-- 20 (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 25 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 30 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 35 the extent necessary for the purposes of subsections (5), (6) and (7). 571491B.I-19/8/2014 17 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 5 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 5 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 10 Minister, if required by the Minister, relating to-- (a) any infrastructure levy paid to it as a collecting agency under this Part; or (b) any land, works, services or facilities 15 accepted by it as a collecting agency in part or full satisfaction of an amount of infrastructure levy payable under this Part; or (c) the use of any amount of infrastructure 20 levy paid to it as a development agency under this Part; or (d) the use made by it as a development agency of any land, works, services or facilities referred to in paragraph (b). 25 (2) A report required under subsection (1) must be prepared in accordance with any requirements of the Minister. __________________". 5 Definitions in Part 3B In section 46H of the Planning and Environment 30 Act 1987-- (a) in the definition of development agency, after "facilities" insert "or for the plan preparation costs"; 571491B.I-19/8/2014 18 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 6 (b) in the definition of dwelling, for "1998." substitute "1998;"; (c) insert the following definition-- "plan preparation costs means the costs and 5 expenses referred to in section 46I(1)(b).". 6 Development contributions plan For section 46I(1) of the Planning and Environment Act 1987 substitute-- 10 "(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 15 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 20 (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 development 25 contributions plan (the plan preparation costs). Note The planning authority that prepares the development contributions plan and related 30 plans may not be the same planning authority that subsequently prepares an amendment to the planning scheme to incorporate the development contributions plan.". 571491B.I-19/8/2014 19 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 7 7 Section 46IA substituted For section 46IA of the Planning and Environment Act 1987 substitute-- "46IA Plans not to apply to certain growth area 5 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 10 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 15 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-- 20 (a) in paragraph (b)-- (i) before "works" (where first occurring) insert "plan preparation costs,"; (ii) for "those works" substitute "the works"; 25 (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 30 costs,"; (ii) before "the estimated" insert "the amount of the plan preparation costs and"; 571491B.I-19/8/2014 20 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 9 (d) in paragraph (e), for "works services" substitute "plan preparation costs, works, services"; (e) in paragraph (fb), after "facilities" insert 5 "or for the plan preparation costs". 9 Directions (1) In section 46M(2) of the Planning and Environment Act 1987, in paragraphs (a), (b), (c) and (fa), before "works" (wherever occurring) 10 insert "plan preparation costs,". (2) After section 46M(2)(g) of the Planning and Environment Act 1987 insert-- "(ga) specify the maximum amount or proportion of plan preparation costs that may be funded 15 through a development contributions 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 20 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 25 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 30 by the council of works, services or facilities in an area; and". 571491B.I-19/8/2014 21 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 11 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 5 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". 10 (2) For section 46QB(6)(a) of the Planning and Environment Act 1987 substitute-- "(a) an amount of levy has been paid to a development agency under this Part for plan preparation costs incurred by the 15 development agency or for the provision by the development agency of works, services or facilities in an area; and". 13 What conditions can be put on permits? (1) For section 62(5)(a) of the Planning and 20 Environment Act 1987 substitute-- "(a) include a condition required to implement an approved development contributions plan (within the meaning of Part 3B) or an approved infrastructure contributions plan 25 (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". 14 Definitions in Part 9B 30 In section 201R of the Planning and Environment Act 1987 the definition of precinct structure plan is repealed. 571491B.I-19/8/2014 22 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 2--Infrastructure Contributions Plans s. 15 Division 2--Amendment to the Subdivision Act 1988 15 Council may require public open space (1) In section 18(1AA) of the Subdivision Act 1988, See: Act No. for "This section" substitute "Subject to 53/1988. 5 subsection (1AB), this section". Reprint No. 7 as at 28 October (2) After section 18(1AA) of the Subdivision Act 2013. 1988 insert-- LawToday: www. "(1AB) This section does not apply to land to which legislation. vic.gov.au a planning scheme applies if-- 10 (a) the planning scheme includes an approved infrastructure contributions plan (within the meaning of section 46GA of the Planning and Environment Act 1987); and 15 (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 20 and Environment Act 1987 as being land to which this subsection applies.". __________________ 571491B.I-19/8/2014 23 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 3--Metropolitan Planning Authority s. 16 PART 3--METROPOLITAN PLANNING AUTHORITY 16 Definitions--section 3 In section 3(1) of the Planning and Environment Act 1987-- 5 (a) insert the following definition-- "Metropolitan Planning Authority means the Metropolitan Planning Authority under section 46AQ;"; (b) the definition of Growth Areas Authority is 10 repealed. 17 Heading to Part 3AAB substituted For the heading to Part 3AAB of the Planning and Environment Act 1987 substitute-- "PART 3AAB--METROPOLITAN PLANNING 15 AUTHORITY". 18 Definitions--section 46AN In section 46AN of the Planning and Environment Act 1987, in the definition of member, for "Growth Areas Authority" substitute 20 "Metropolitan Planning Authority". 19 Heading to Division 2 of Part 3AAB substituted For the heading to Division 2 of Part 3AAB of the Planning and Environment Act 1987 substitute-- 25 "Division 2--Metropolitan Planning Authority". 20 Change of name of Growth Areas Authority to Metropolitan Planning Authority (1) For the heading to section 46AQ of the Planning 30 and Environment Act 1987 substitute-- "Metropolitan Planning Authority". 571491B.I-19/8/2014 24 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 3--Metropolitan Planning Authority s. 21 (2) For section 46AQ(1) of the Planning and Environment Act 1987 substitute-- "(1) There is to be a Metropolitan Planning Authority.". 5 (3) In section 46AQ(2), (3) and (4) of the Planning and Environment Act 1987, for "Growth Areas Authority" (wherever occurring) substitute "Metropolitan Planning Authority". 21 Objectives 10 In section 46AR of the Planning and Environment Act 1987-- (a) for "Growth Areas Authority" substitute "Metropolitan Planning Authority"; (b) after paragraph (g) insert-- 15 "(ga) to promote the implementation of State and regional planning policies;". 22 Functions In section 46AS of the Planning and Environment Act 1987-- 20 (a) for "Growth Areas Authority" (wherever occurring) substitute "Metropolitan Planning Authority"; (b) for paragraph (b) substitute-- "(b) to assist the Minister in the 25 development and implementation of State and regional planning policies; and (c) to carry out any function conferred on the Metropolitan Planning Authority 30 under this Act as a planning authority or responsible authority; and 571491B.I-19/8/2014 25 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 3--Metropolitan Planning Authority s. 23 (d) to carry out any other function conferred on the Metropolitan Planning Authority under this Act or any other Act.". 5 23 Powers In section 46AT(1) and (2) of the Planning and Environment Act 1987, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 10 24 Minister may give directions to the Metropolitan Planning Authority (1) In the heading to section 46AU of the Planning and Environment Act 1987, for "Growth Areas Authority" substitute "Metropolitan Planning 15 Authority". (2) In section 46AU(1) and (2) of the Planning and Environment Act 1987, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 20 25 Members In section 46AV(1) and (3) of the Planning and Environment Act 1987, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 25 26 Chairperson and Deputy Chairperson In section 46AW(a) and (b) of the Planning and Environment Act 1987, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 30 27 Meetings In section 46AY(1), (3), (5) and (6) of the Planning and Environment Act 1987, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 571491B.I-19/8/2014 26 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 3--Metropolitan Planning Authority s. 28 28 Validity of decisions In section 46AZ(1) and (2) of the Planning and Environment Act 1987, for "Growth Areas Authority" substitute "Metropolitan Planning 5 Authority". 29 Disclosure of interests In section 46AZA(1) and (2) of the Planning and Environment Act 1987, for "Growth Areas Authority" substitute "Metropolitan Planning 10 Authority". 30 Chief Executive Officer In section 46AZB(1) of the Planning and Environment Act 1987, for "Growth Areas Authority" (where twice occurring) substitute 15 "Metropolitan Planning Authority". 31 Staff In section 46AZC of the Planning and Environment Act 1987, for "Growth Areas Authority" substitute "Metropolitan Planning 20 Authority". 32 Power of delegation In section 46AZD of the Planning and Environment Act 1987, for "Growth Areas Authority" (where twice occurring) substitute 25 "Metropolitan Planning Authority". 33 Annual business plan In section 46AZE(1), (2), (3), (4) and (5) of the Planning and Environment Act 1987, for "Growth Areas Authority" substitute 30 "Metropolitan Planning Authority". 571491B.I-19/8/2014 27 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 3--Metropolitan Planning Authority s. 34 34 Confidential information In section 46AZF(1)(a) and (c) and (2)(a) of the Planning and Environment Act 1987, for "Growth Areas Authority" substitute 5 "Metropolitan Planning Authority". 35 New sections 222 and 223 inserted--transitional provisions After section 221 of the Planning and Environment Act 1987 insert-- 10 "222 Transitional provisions--Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Act 2014 (1) Despite the change made to its name by 15 Part 3 of the amending Act, the Metropolitan Planning Authority is taken to be the same body as the Growth Areas Authority and no matter or thing is to be affected because of that change. 20 (2) A reference to the Growth Areas Authority in any Act, subordinate instrument, agreement or other document must be construed as a reference to the Metropolitan Planning Authority-- 25 (a) so far as it relates to any period on or after the commencement of Part 3 of the amending Act; and (b) unless the contrary intention appears. (3) In this section-- 30 amending Act means the Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Act 2014. 571491B.I-19/8/2014 28 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 3--Metropolitan Planning Authority s. 36 223 Transitional regulations--Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Act 2014 5 (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the amending Act. 10 (2) Regulations made under this section may have a retrospective effect to the day on which Part 3 of the amending Act came into operation or a day after that day. (3) Regulations made under this section have 15 effect despite anything to the contrary-- (a) in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. 20 (4) This section is repealed on the second anniversary of its commencement. (5) In this section-- amending Act means the Planning and Environment Amendment 25 (Infrastructure Contributions and Other Matters) Act 2014.". 36 Consequential amendments On the coming into operation of an item in the Schedule, the Act specified in the heading to that 30 item is amended as set out in that item. __________________ 571491B.I-19/8/2014 29 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Part 4--Repeal of amending Act s. 37 PART 4--REPEAL OF AMENDING ACT 37 Repeal of amending Act This Act is repealed on 31 July 2016. Note 5 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). __________________ 571491B.I-19/8/2014 30 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Sch. SCHEDULE Section 36 CONSEQUENTIAL AMENDMENTS 1 Planning and Environment Act 1987 1.1 In sections 46QB(3A), 186(1)(d) and (e), 5 188(1)(c) and (d) and 190(1)(c)(i) and (ii), for "Growth Areas Authority" (wherever occurring) substitute "Metropolitan Planning Authority". 1.2 In section 201RG(3)-- (a) for "Growth Areas Authority" substitute 10 "Metropolitan Planning Authority"; (b) for "the 2011/2012 financial year and each succeeding" substitute "each"; (c) in paragraph (b), for "Growth Areas Authority's" substitute "Metropolitan 15 Planning Authority's". 1.3 In sections 201RH(2) and 201SG(7), for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 1.4 In the heading to section 201SLE, for "Growth 20 Areas Authority" substitute "Metropolitan Planning Authority". 1.5 In sections 201SLE, 201SLF(2) and 201SLG(2), for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 25 1.6 In the heading to section 201SLK, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 1.7 In section 201SLK, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 571491B.I-19/8/2014 31 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Sch. 1.8 In the heading to section 201SLL, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 1.9 In sections 201SLL(1) and (2), 201SLM(1)(c) 5 and (2), 201SRA(4), 201SU(2), 201SZE(2), 201SZH, 201TE(6), 201TG(4) and 201TK(7), for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 1.10 In the heading to Division 4 of Part 9B, for 10 "Growth Areas Authority" substitute "Metropolitan Planning Authority". 1.11 In the heading to section 201U, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 15 1.12 In sections 201U(1) and 201UA, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 1.13 In the heading to section 201UAA, for "Growth Areas Authority" substitute "Metropolitan 20 Planning Authority". 1.14 In section 201UAA, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 1.15 In the heading to section 201UAB, for "Growth 25 Areas Authority" substitute "Metropolitan Planning Authority". 1.16 In section 201UAB(1) and (2), for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 30 1.17 In the heading to section 201UB, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 1.18 In sections 201UB(1) and 201UC(1), for "Growth Areas Authority" substitute "Metropolitan 35 Planning Authority". 571491B.I-19/8/2014 32 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Sch. 1.19 In the heading to section 201UG, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 1.20 In section 201UG(2)(b), for "Growth Areas 5 Authority" substitute "Metropolitan Planning Authority". 1.21 In the heading to section 201VC, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 10 1.22 In section 201VC(1)(d) and (2), for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 2 Subdivision Act 1988 2.1 In section 22(1)(g)(ii), for "Growth Areas 15 Authority" substitute "Metropolitan Planning Authority". 3 Taxation Administration Act 1997 3.1 In section 92(1)(e)(iia), for "Growth Areas Authority established" substitute "Metropolitan 20 Planning Authority". 3.2 In section 100B, for "Growth Areas Authority" substitute "Metropolitan Planning Authority". 4 Transport Integration Act 2010 4.1 In section 3, in the definition of interface body, in 25 paragraph (d)(ii), for "Growth Areas Authority established" substitute "Metropolitan Planning Authority". 571491B.I-19/8/2014 33 BILL LA INTRODUCTION 19/8/2014
Planning and Environment Amendment (Infrastructure Contributions and Other Matters) Bill 2014 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571491B.I-19/8/2014 34 BILL LA INTRODUCTION 19/8/2014