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PARLIAMENT OF VICTORIA
Victorian Urban Development Authority
(Amendment) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO VICTORIAN URBAN
DEVELOPMENT AUTHORITY ACT 2003 3
3. Authority subject to direction and control of Minister 3
4. Project order and application of Act 3
5. Compulsory acquisition of land 3
6. Repeal of sections 50 and 51 3
7. Insertion of new Division 5A into Part 3 4
Division 5A--Charges 4
Subdivision 1--Introductory 4
50. Definitions 4
51. What is "development"? 8
51A. Which subdivisions and building work are exempt
development? 8
51B. Indexation of threshold amount 10
51C. What is "development value"? 12
51D. How is development value assessed? 13
51E. Nominated valuer to make assessments 14
Subdivision 2--General Charges 15
51F. General charges 15
51G. How is a general charge determined? 16
51H. What must a resolution levying a general charge state? 17
51I. Notice of general charge 18
51J. Variation or revocation of resolution levying general
charge 18
51K. General development charge not to apply to existing
development 19
51L. General charges on non-rateable land 19
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Clause Page
Subdivision 3--Infrastructure Recovery Charges 19
51M. Infrastructure recovery charge 19
51N. Infrastructure recovery charge to be based on
development value 20
51O. Cap on infrastructure recovery charge 20
51P. What must a resolution levying an infrastructure
recovery charge state? 21
51Q. Notice of infrastructure recovery charge 21
51R. Variation or revocation of resolution levying
infrastructure recovery charge 22
51S. Infrastructure recovery charge not to apply to existing
development 23
51T. Infrastructure recovery charge not payable if earlier
charge paid 23
51U. Infrastructure recovery charge not payable in respect of
public land 24
Subdivision 4--Recovery of Charges 24
51V. Statement of general charge (other than general
development charge) 24
51W. Statement of general development charge 24
51X. Statement of infrastructure recovery charge 26
51Y. Authority may enter agreements for payment of
charges under this Division 28
51Z. Waiver of charges 28
51ZA. Authority must give notice of charge to council or
building surveyor 28
51ZB. Removal of liability for other charges 29
51ZC. Authority may charge interest on unpaid charges 29
51ZD. Unpaid charges may be recovered as a debt 30
51ZE. Charges to be paid into Project Fund 30
51ZF. Refund of certain charges by Authority 30
Subdivision 5--Objections 31
51ZG. Making an objection to a general charge 31
51ZH. Making an objection to an infrastructure recovery
charge 31
51ZI. Grounds for objection 31
51ZJ. What must an objection contain? 32
51ZK. Determination of objection not involving assessment
of development value 32
51ZL. Determination of objection involving disputed
assessment of development value 33
51ZM. Dispute resolution procedure 33
51ZN. Determination of Authority after dispute resolution
conference 34
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Clause Page
Subdivision 6--Reviews and Appeals 35
51ZO. Application to VCAT for review 35
51ZP. Appeal to Supreme Court 36
51ZQ. Grounds of review or appeal 37
51ZR. Powers on review or appeal 37
51ZS. Costs 38
PART 3--AMENDMENTS TO OTHER ACTS 40
Division 1--Amendments to the Subdivision Act 1988 40
8. Statement of compliance with statutory requirements 40
Division 2--Amendments to the Building Act 1993 41
9. New section 18A inserted 41
18A. Notice to VicUrban of application 41
10. Refusal of building permit 43
11. New section 32A inserted 43
32A. Council to notify VicUrban of issue of building permit 43
ENDNOTES 45
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PARLIAMENT OF VICTORIA
A BILL
to amend the Victorian Urban Development Authority Act 2003 in
relation to the levying of charges on development in a project area, to
amend the Subdivision Act 1988 and the Building Act 1993 and for
other purposes.
Victorian Urban Development
Authority (Amendment) Act 2006
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Victorian Urban
Development Authority Act 2003--
5
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(i) in relation to the levying of charges on
development in a project area; and
(ii) to improve the operation of that Act;
and
(b) to make related amendments to the
5
Subdivision Act 1988 and the Building Act
1993.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
10
(2) If a provision of this Act does not come into
operation before 1 September 2006, it comes into
operation on that day.
__________________
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s. 3
See:
PART 2--AMENDMENTS TO VICTORIAN URBAN
Act No.
DEVELOPMENT AUTHORITY ACT 2003 59/2003
and
amending
3. Authority subject to direction and control of Act Nos
Minister 108/2004
and 95/2005.
After section 9(2) of the Victorian Urban
5 LawToday:
www.dms.
Development Authority Act 2003 insert-- dpc.vic.
gov.au
"(3) An agreement or arrangement or contract
entered into under this Act in contravention
of sub-section (2) is not void only because of
that contravention.".
10
4. Project order and application of Act
In sections 34(2)(a) and 35(1) of the Victorian
Urban Development Authority Act 2003, after
"5" insert ", 5A".
5. Compulsory acquisition of land
15
For section 42(3) of the Victorian Urban
Development Authority Act 2003 substitute--
"(3) In determining the amount of compensation
to be paid for the compulsory acquisition of
land by the Authority, no allowance is to be
20
made for any decrease or increase in the
value of the land attributable to the declared
project.".
6. Repeal of sections 50 and 51
Sections 50 and 51 of the Victorian Urban
25
Development Authority Act 2003 are repealed.
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7. Insertion of new Division 5A into Part 3
After Division 5 of Part 3 of the Victorian Urban
Development Authority Act 2003 insert--
'Division 5A--Charges
Subdivision 1--Introductory
5
50. Definitions
(1) In this Division--
"Building Commission" means the
Building Commission established under
Part 12 of the Building Act 1993;
10
"building permit" has the same meaning as
in the Building Act 1993;
"building work" has the same meaning as
in the Building Act 1993;
"combined development" means--
15
(a) a subdivision of land (other than a
subdivision that is exempt
development under section 51A);
and
(b) building work on that land for
20
which a building permit is
required (other than building work
that is exempt development under
section 51A)--
where the subdivision and the
25
construction of the buildings to which
the building work relates are authorised
by the same planning permit;
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"compliance request" means a request to a
municipal council for the issue of a
statement of compliance under
section 21 of the Subdivision Act
1988;
5
"construction" has the same meaning as in
the Building Act 1993;
"cost of building work" means the cost of
building work on which the building
permit levy is calculated under
10
section 201 of the Building Act 1993;
"date of development" means--
(a) in the case of a stand-alone
subdivision, the date that the
compliance request is made to a
15
municipal council in relation to
the plan of subdivision; and
(b) in the case of stand-alone building
work, the date of the application
for the building permit to carry out
20
the building work; and
(c) in the case of a combined
development, the date that is the
same as both of, or the earlier of,
the following dates--
25
(i) the date that the compliance
request is made to a
municipal council in relation
to the plan of subdivision for
the development;
30
(ii) the date of the application for
a building permit to carry out
the building work for the
development;
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"development" has the meaning set out in
section 51;
"development value" has the meaning set
out in section 51C;
"dwelling" has the same meaning as in
5
section 46H of the Planning and
Environment Act 1987;
"general charge" means a charge levied
under section 51F;
"general development charge" means a
10
general charge that is payable when a
property is developed;
"infrastructure recovery charge" means a
charge levied under section 51M;
"nominated valuer" means a valuer
15
nominated by the valuer-general under
section 51E;
"planning permit" means a permit within
the meaning of the Planning and
Environment Act 1987;
20
"public investment" means investment
by--
(a) the State; or
(b) a public statutory body other than
a municipal council; or
25
(c) a municipal council under an
arrangement with a public
statutory body;
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"public land" means--
(a) Crown land; or
(b) land owned by or vested in a
public statutory body; or
(c) land held on trust for a public or
5
municipal purpose by trustees
appointed under an Act;
"qualified valuer" means a person who
holds the qualifications or experience
specified from time to time under
10
section 13DA(1A) of the Valuation of
Land Act 1960;
"site value" has the same meaning as in the
Valuation of Land Act 1960;
"stand-alone building work" means
15
building work for which a building
permit is required that--
(a) is not part of a combined
development; and
(b) is not exempt development under
20
section 51A;
"stand-alone subdivision" means a
subdivision of land that--
(a) is not part of a combined
development; and
25
(b) is not exempt development under
section 51A;
"valuer-general" has the same meaning as
in the Valuation of Land Act 1960.
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(2) In this Division a reference to a subdivision
of land is, in the case of a staged subdivision
(within the meaning of the Subdivision Act
1988), to be read as a reference to a stage of
the subdivision.
5
51. What is "development"?
For the purposes of this Division
"development" means--
(a) a stand-alone subdivision; or
(b) stand-alone building work; or
10
(c) a combined development.
51A. Which subdivisions and building work are
exempt development?
(1) The following classes of subdivision of land
are exempt development under this
15
Division--
(a) except as provided in sub-section (3), a
subdivision of land into not more than
2 lots; or
(b) a subdivision of land that involves an
20
alteration to the boundaries of the lots
on an existing plan of subdivision but
does not increase the number of lots
above the number of lots on that
existing plan of subdivision; or
25
(c) a subdivision of an existing building
into lots or lots and common property;
or
(d) a subdivision of land where an existing
building is situated on each lot to be
30
created by the subdivision.
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(2) The following classes of building work are
exempt development under this Division--
(a) the construction of up to 2 dwellings on
a lot;
(b) the construction of the following
5
buildings when they are ancillary to a
dwelling--
(i) a garage, carport or shed or
similar non-habitable building;
(ii) a fence, mast, antenna, retaining
10
or free-standing wall, swimming
pool, spa or similar structure;
(c) the carrying out of protection work
within the meaning of the Building Act
1993;
15
(d) except as provided in sub-section (4),
any other building work if the total cost
of the building work does not exceed
the threshold amount.
(3) A subdivision of land is not exempted under
20
sub-section (1)(a) if the land or any part of
the land was the subject of a subdivision in
the period of 3 years immediately preceding
the date of development for the subdivision.
(4) Building work is not exempted under sub-
25
section (2)(d) if the cost of the building work
together with the total cost of all other
building work carried out on the same land
in the period of 3 years immediately
preceding the date of development for the
30
building work exceeds the threshold amount.
(5) A period of 3 years referred to in sub-
section (3) or (4) does not include any period
preceding the coming into effect of a
resolution under Subdivision 2 or 3 in
35
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respect of the project area in which the land
referred to in that sub-section is situated.
(6) In this section--
"existing building" means a building where
the date of practical completion of the
5
building occurred before the coming
into effect of a resolution under
Subdivision 2 or 3 in respect of the
project area in which the land on which
the building is constructed is situated
10
but does not include--
(a) a garage, carport or shed or a
similar building; or
(b) a fence, mast, antenna, retaining
or free-standing wall, swimming
15
pool, spa or similar structure;
"threshold amount" means the amount of
$250 000 as varied under section 51B.
51B. Indexation of threshold amount
(1) The amount that is to apply for the purposes
20
of section 51A is to be varied, in respect of
the financial year beginning on 1 July 2007
and each subsequent financial year, in
accordance with the formula--
B
AŚ
25
C
where--
"A" is the amount referred to in the
definition of "threshold amount" in
section 51A(6).
"B" is the all groups consumer price index
30
for Melbourne as at 15 June in the
preceding financial year last published
by the Australian Statistician in respect
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of the December quarter of that
financial year.
"C" is the all groups consumer price index
for Melbourne as at 15 June in the year
preceding the preceding financial year
5
published by the Australian Statistician
in respect of the December quarter
preceding that 15 June.
(2) If it is necessary for the purposes of this
section to calculate an amount that consists
10
of or includes a fraction of a whole number,
the amount is deemed to have been
calculated in accordance with this section if
the calculation is made--
(a) if the amount is less than $1000, to the
15
nearest whole $1; or
(b) if the amount is $1000 or more, to the
nearest whole $10.
(3) If an amount is varied in accordance with
this section, section 51A and this section
20
have effect as if a reference to the amount
were a reference to the amount as so varied.
(4) If the variation of an amount to which this
section applies by operation of this section
has the effect of reducing the amount--
25
(a) the variation is deemed not to have
taken effect, except for the purposes of
the application of this sub-section; and
(b) when the amount is varied and
increased by operation of this section in
30
respect of the next or a subsequent
financial year that variation has effect
as an increase only to the extent (if any)
to which the amount of the increase
exceeds the amount of the reduction in
35
respect of a preceding financial year, or
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that part of such a reduction that has not
been set off against a previous increase.
(5) The Minister must cause a notice to be
published in the Government Gazette
specifying the amount as varied for the
5
purposes of section 51A in respect of the
relevant financial year.
51C. What is "development value"?
(1) In this Division "development value", in
respect of a development that is a stand-
10
alone subdivision or a combined
development, means the amount that is the
sum of the following amounts--
(a) the amount that is the estimated site
value of the land that is to be
15
subdivided; and
(b) subject to section 51D(3), the amount
that is the estimated cost of building
work calculated in accordance with
section 51D(2).
20
(2) In this Division "development value" in
respect of a development that is stand-alone
building work means the total of the
following amounts--
(a) the site value of the land to be used for
25
the development; and
(b) the amount that is the cost of building
work for the development.
(3) Despite sub-section (1), if an infrastructure
recovery charge has previously been paid
30
under this Division in respect of stand-alone
building work on land, "development
value" for the purposes of this Division for a
subsequent development of that land that is a
stand-alone subdivision is to be the amount
35
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that is the difference between the following
amounts--
(a) the site value of the land that is to be
subdivided; and
(b) the amount that is the estimated site
5
value of the land that is to be
subdivided.
(4) Despite sub-section (2), if a general
development charge or an infrastructure
recovery charge has previously been paid
10
under this Division in respect of land,
"development value" for the purposes of
this Division for a subsequent development
of that land that is stand-alone building work
is to be the amount that is the cost of the
15
building work for the development.
51D. How is development value assessed?
(1) For the purposes of section 51C(1)(a) or
51C(3)(b), the estimate of the site value of
land to be subdivided is to be based on
20
current market values as at the date of
development as if the subdivision of the land
had already occurred at that date.
(2) For the purposes of section 51C(1)(b), the
estimate of the cost of building work on the
25
land is to be based on the estimated cost, as
at the date of development, of--
(a) in the case of a stand-alone subdivision,
the average buildings that could
reasonably be expected to be
30
constructed on that land to give effect
to the purpose of the subdivision; and
(b) in the case of a combined development,
the construction of the buildings
authorised by the planning permit for
35
the development.
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(3) If, in the case of a combined development,
the cost of building work for the
development has been notified to the
Authority under section 18A of the Building
Act 1993 before the assessment of
5
development value is made for the purposes
of section 51X, development value for the
purposes of section 51C(1)(b) is to be based
on the cost of building work instead of the
estimated cost of building work.
10
(4) Subject to sub-section (5), the site value of
land for the purposes of section 51C(2)(a) or
51C(3)(a) is the most recent site value of the
land determined under the Valuation of
Land Act 1960 for the purposes of the Local
15
Government Act 1989 as at the date of
development.
(5) If land to be used for the development forms
part of one or more parcels of land to which
section 13DC(6) or 13DC(7) of the
20
Valuation of Land Act 1960 applies and not
all the land in those parcels is to be used for
the development, then for the purposes of
section 51C(2)(a) or 51C(3)(a), the site value
of the land to be used for the development is
25
to be the estimated site value of the land as at
the date of development, based on the most
recent site value of all the land in the parcels
determined under the Valuation of Land
Act 1960 for the purposes of the Local
30
Government Act 1989.
51E. Nominated valuer to make assessments
(1) The Authority may ask the valuer-general to
nominate a qualified valuer to make an
assessment of development value for the
35
purposes of this Division.
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(2) The valuer-general must comply with a
request under sub-section (1).
(3) The valuer-general may determine
reasonable fees for the making of an
assessment by a nominated valuer under this
5
Division.
(4) The Authority must pay the fees for an
assessment made by a nominated valuer
under this Division.
(5) Section 3A of the Valuation of Land Act
10
1960 applies to a nominated valuer making
an assessment under this Division as if--
(a) the valuer were appointed under that
Act; and
(b) the making of an assessment of
15
development value under this Division
were the making of a valuation under
that Act.
Subdivision 2--General Charges
51F. General charges
20
(1) With the prior approval of the Governor in
Council, the Authority may, by resolution,
levy charges on the owners, occupiers or
licensees of properties in the project area--
(a) for the supply of telecommunications or
25
other services provided by or by
agreement with the Authority; or
(b) for the promotion of the project area by
the Authority; or
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(c) for the maintenance or management by
or by agreement with the Authority of
areas or facilities for common use by
groups of properties or uses in the
project area; or
5
(d) for the provision by or by agreement
with the Authority of the infrastructure
necessary for development of the
project area or any part of it.
(2) An approval under sub-section (1) may only
10
be given on the recommendation of the
Minister made with the approval of the
Treasurer.
51G. How is a general charge determined?
(1) General charges--
15
(a) may be different for different classes of
properties;
(b) may vary according to--
(i) the value or size of land;
(ii) the distance of a property from the
20
service or facility or a group of
services or facilities;
(iii) the nature or extent of use of the
service or facility;
(c) may include minimum charges or a
25
scale of charges;
(d) need not relate directly to the cost of
services or facilities provided;
(e) may be concessional charges.
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(2) A general charge on a property that is levied
on the owner of the property may be
expressed to apply only when the property is
developed.
5 Note: A general charge that applies only when a
property is developed is called a general
development charge in this Division.
51H. What must a resolution levying a general
charge state?
(1) A resolution levying a general charge (other
10
than a general development charge) must
state the following--
(a) what the charge is for;
(b) how long the charge has effect for;
(c) how the charge is calculated;
15
(d) when the charge is due and payable;
(e) on what properties the charge is levied;
(f) who must pay the charge.
(2) A resolution levying a general development
charge must state the following--
20
(a) what the charge is for;
(b) how long the charge has effect for;
(c) how the charge is calculated;
(d) on what properties the charge is levied;
(e) that the charge is due and payable by
25
the owner of a property before a
statement of compliance is issued under
section 21 of the Subdivision Act 1988
in respect of the development of the
property or a building permit is issued
30
in respect of the development of the
property (as the case requires).
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51I. Notice of general charge
(1) The Authority must cause a resolution
levying a general charge to be published--
(a) in the Government Gazette; and
(b) in a newspaper circulating generally in
5
the project area subject to the charge;
and
(c) in a newspaper circulating generally
throughout Victoria.
(2) A resolution levying a general charge has no
10
effect until it is published in the Government
Gazette.
(3) In addition to the notice required under sub-
section (1), the Authority must give notice of
a resolution levying a general development
15
charge to--
(a) the Building Commission; and
(b) each municipal council in the municipal
district of which the project area is
situated.
20
(4) A notice under sub-section (3) must
specify--
(a) the project area to which the resolution
relates; and
(b) the period during which the resolution
25
will have effect.
51J. Variation or revocation of resolution
levying general charge
(1) The Authority may by resolution vary or
revoke any resolution made under this
30
Subdivision.
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(2) The procedure for varying or revoking a
resolution under this Subdivision is the same
as the procedure for making the resolution.
51K. General development charge not to apply
to existing development
5
A general development charge is not payable
in respect of a development if a planning
permit or building permit was issued for the
development before the publication of the
resolution levying the charge.
10
51L. General charges on non-rateable land
For land that is not rateable under
section 154 of the Local Government Act
1989 a charge may only be levied under
section 51F(1)(a)--
15
(a) in respect of the use of works or
services; and
(b) on the user of those works or services.
Subdivision 3--Infrastructure Recovery
Charges
20
51M. Infrastructure recovery charge
(1) With the prior approval of the Governor in
Council, the Authority may, by resolution,
levy charges on owners of properties in the
project area.
25
(2) An approval under sub-section (1) may only
be given on the recommendation of the
Minister made with the approval of the
Treasurer.
(3) Before making a recommendation under sub-
30
section (2), the Minister must be satisfied
that the total amount estimated to be received
from the charges levied under the resolution
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on owners of properties in the project area
will not exceed the estimated amount
(determined by the Minister) of public
investment incurred or to be incurred in the
project area for the declared project on or
5
after the date of the declaration of the project
under section 34.
51N. Infrastructure recovery charge to be
based on development value
(1) An infrastructure recovery charge is to be
10
based on a percentage of the development
value of a development of a property.
(2) The resolution levying the charge must fix
the percentage of development value to be
used to calculate the charge.
15
(3) The resolution may--
(a) fix different percentages of
development value in respect of
different classes of development;
(b) vary the percentage of development
20
value according to the distance of a
property from a service or facility or a
group of services or facilities;
(c) include a scale of percentages of
development value that increases from
25
year to year.
51O. Cap on infrastructure recovery charge
A percentage of development value specified
in a resolution levying an infrastructure
recovery charge must not exceed 10%.
30
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51P. What must a resolution levying an
infrastructure recovery charge state?
(1) A resolution levying an infrastructure
recovery charge must state the following--
(a) the period during which the charge will
5
apply in relation to properties in the
project area;
(b) the percentage or percentages or scale
of percentages of development value to
be used to calculate the charge;
10
(c) the estimated amount of public
investment incurred or to be incurred in
developing the project area as
determined by the Minister under
section 51M(3).
15
(2) The resolution must state that the charge is
due and payable before a statement of
compliance is issued under section 21 of the
Subdivision Act 1988 in respect of the
development or a building permit is issued in
20
respect of the development (as the case
requires).
51Q. Notice of infrastructure recovery charge
(1) The Authority must cause a resolution
levying an infrastructure recovery charge to
25
be published--
(a) in the Government Gazette; and
(b) in a newspaper circulating generally in
the project area subject to the charge;
and
30
(c) in a newspaper circulating generally
throughout Victoria.
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(2) A resolution levying an infrastructure
recovery charge has no effect until it is
published in the Government Gazette.
(3) The Authority must give notice of a
resolution levying an infrastructure recovery
5
charge to--
(a) the Building Commission; and
(b) each municipal council in the municipal
district of which the project area is
situated.
10
(4) A notice under sub-section (3) must
specify--
(a) the project area to which the resolution
relates; and
(b) the period during which the resolution
15
will have effect.
51R. Variation or revocation of resolution
levying infrastructure recovery charge
(1) The Authority may by resolution vary or
revoke any resolution made under this
20
Subdivision.
(2) The procedure for varying or revoking a
resolution under sub-section (1) is the same
as the procedure for making the resolution.
(3) The Minister, with the approval of the
25
Treasurer, may, by order published in the
Government Gazette, revoke a resolution
made under this Subdivision at any time.
(4) Without limiting sub-section (3), an order
under that sub-section may revoke a
30
resolution made under this Subdivision if the
Minister is satisfied that the estimated
amount (determined by the Minister under
section 51M(3)) of public investment
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incurred or to be incurred in the project area
subject to the resolution has been recovered
under the resolution.
(5) An order revoking a resolution under sub-
section (3) comes into effect on the day that
5
it is published in the Government Gazette or
any later date specified in the order.
51S. Infrastructure recovery charge not to
apply to existing development
An infrastructure recovery charge is not
10
payable in respect of a development if a
planning permit or building permit was
issued for the development before the
publication of the resolution levying the
charge.
15
51T. Infrastructure recovery charge not
payable if earlier charge paid
(1) An infrastructure recovery charge is not
payable in respect of a development that is
stand-alone building work if the
20
development--
(a) is of a lot created by a subdivision of
land in respect of which an
infrastructure recovery charge has been
paid; and
25
(b) is to give effect to the purpose of the
subdivision as set out in the planning
permit for the subdivision.
(2) An infrastructure recovery charge is not
payable in respect of a development that is a
30
stand-alone subdivision of land if an
infrastructure recovery charge has been paid
for stand-alone building work on that land
more than 5 years before the date of
development for the subdivision and no other
35
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subdivision of that land has been registered
in that period.
51U. Infrastructure recovery charge not
payable in respect of public land
A property is not subject to an infrastructure
5
recovery charge if the property is public land
and the development is carried out by or on
behalf of the Crown, a public statutory body
or the trustees of the trust for the land.
Subdivision 4--Recovery of Charges
10
51V. Statement of general charge (other than
general development charge)
(1) The Authority must send a statement of
charge to any person that the Authority has
determined is liable to pay a general charge
15
(other than a general development charge).
(2) A statement of charge under this section
must--
(a) be in writing; and
(b) set out the charge that is payable and
20
the method used to calculate that
charge; and
(c) set out the due date for payment of the
charge; and
(d) include any other information required
25
by the resolution levying the charge.
51W. Statement of general development charge
(1) The Authority must send a statement of
charge to any person that the Authority has
determined is liable to pay a general
30
development charge--
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(a) in the case of a stand-alone subdivision,
within 28 days after the Authority
receives the notice under section
21(2A) of the Subdivision Act 1988 of
the receipt of the compliance request
5
for the plan of subdivision; and
(b) in the case of stand-alone building
work, within 28 days after the
Authority receives--
(i) the notice under section 18A of
10
the Building Act 1993 of an
application for a building permit
for the development; or
(ii) the notice under section 32A of
the Building Act 1993 of the
15
issue of a building permit for the
development--
whichever is the earlier; and
(c) in the case of a combined development,
within 28 days after the Authority
20
receives--
(i) the notice under section 21(2A) of
the Subdivision Act 1988 of the
receipt of the compliance request
for the plan of subdivision; or
25
(ii) the notice under section 18A of
the Building Act 1993 of an
application for a building permit
for the development; or
(iii) the notice under section 32A of
30
the Building Act 1993 of the
issue of a building permit for the
development--
whichever is the earliest.
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(2) A statement of charge under this section
must--
(a) be in writing; and
(b) set out the charge that is payable and
the method used to calculate that
5
charge; and
(c) set out the procedure for payment of the
charge; and
(d) include any other information required
by the resolution levying the charge.
10
51X. Statement of infrastructure recovery
charge
(1) The Authority must send a statement of
charge to any person that the Authority has
determined is liable to pay an infrastructure
15
recovery charge--
(a) in the case of a stand-alone subdivision,
within 28 days after the Authority
receives the notice under section
21(2A) of the Subdivision Act 1988 of
20
the receipt of the compliance request
for the plan of subdivision; and
(b) in the case of stand-alone building
work, within 28 days after the
Authority receives--
25
(i) the notice under section 18A of
the Building Act 1993 of an
application for a building permit
for the development; or
(ii) the notice under section 32A of
30
the Building Act 1993 of the
issue of a building permit for the
development--
whichever is the earlier; and
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(c) in the case of a combined development,
within 28 days after the Authority
receives--
(i) the notice under section 21(2A) of
the Subdivision Act 1988 of the
5
receipt of the compliance request
for the plan of subdivision; or
(ii) the notice under section 18A of
the Building Act 1993 of an
application for a building permit
10
for the development; or
(iii) the notice under section 32A of
the Building Act 1993 of the
issue of a building permit for the
development--
15
whichever is the earliest.
(2) A statement of charge under this section
must--
(a) be in writing; and
(b) set out the charge that is payable; and
20
(c) set out the procedure for payment of the
charge; and
(d) include any other information required
by the resolution levying the charge.
(3) A statement of charge under this section
25
relating to a stand-alone subdivision or a
combined development must be
accompanied by--
(a) a copy of the assessment of
development value made by the
30
nominated valuer for the purpose of
calculating the charge; and
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(b) a copy of any other document or
information used in calculating the
charge.
51Y. Authority may enter agreements for
payment of charges under this Division
5
(1) The Authority may enter into an agreement
with a person liable to pay a general charge
or an infrastructure recovery charge for the
payment of that charge.
(2) An agreement under this section must
10
provide that the charge is to be paid to the
Authority within a specified period of time
and may provide for payment by instalments.
51Z. Waiver of charges
The Authority, with the approval of the
15
Minister and the Treasurer, may waive a
general charge or an infrastructure recovery
charge on a property in whole or in part.
51ZA. Authority must give notice of charge to
council or building surveyor
20
(1) The Authority must give a notice under this
section to--
(a) a municipal council from which it has
received a notice under section 21(2A)
of the Subdivision Act 1988 in respect
25
of a subdivision of land; or
(b) a building surveyor from whom it has
received a notice under section 18A of
the Building Act 1993 in respect of an
application for a building permit to
30
carry out building work.
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(2) The notice must be in writing and must
state--
(a) whether a general development charge
or an infrastructure recovery charge is
payable in respect of the subdivision of
5
land or the building work (as the case
may be); and
(b) if applicable, whether the charge has
been paid or the person liable to pay the
charge has entered into an agreement
10
with the Authority under section 51Y
for payment of the charge.
51ZB. Removal of liability for other charges
A person liable under this Division to pay a
charge in respect of a property and who
15
would otherwise be liable under another Act
to pay a charge in respect of the same
property for the same matter is not liable to
pay that other charge, despite anything to the
contrary in any Act or law.
20
51ZC. Authority may charge interest on unpaid
charges
(1) Interest is payable at the rate fixed each year
by the Authority on any unpaid charge that is
due and payable under this Division.
25
(2) The annual rate of interest fixed by the
Authority for the purposes of sub-section (1)
must not be greater than the rate for the time
being fixed under section 2 of the Penalty
Interest Rates Act 1983.
30
(3) The Authority must publish the annual
interest rate in the Government Gazette.
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51ZD. Unpaid charges may be recovered as a
debt
(1) The Authority may recover any unpaid
charge that is due and payable under this
Division and any unpaid interest on that
5
charge as a debt in any court of competent
jurisdiction.
(2) Any unpaid charge that is due and payable
under this Division, any unpaid interest on
that charge and any costs awarded to the
10
Authority in any court proceedings in
relation to that charge or interest are a first
charge on the land.
51ZE. Charges to be paid into Project Fund
The Authority must pay all money received
15
by it under this Division into the Project
Fund.
51ZF. Refund of certain charges by Authority
(1) The Authority must refund out of the Project
Fund any amount paid to it in respect of a
20
general development charge or infrastructure
recovery charge relating to a development
that is stand-alone building work if it is
satisfied that the building permit for the
development has lapsed without the
25
development proceeding.
(2) The Authority may refund out of the Project
Fund any amount paid to it in respect of a
general development charge or infrastructure
recovery charge relating to any other
30
development if it is satisfied that the
development in respect of which that charge
was levied is not to proceed.
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Subdivision 5--Objections
51ZG. Making an objection to a general charge
A person who is aggrieved by the levying of
a general charge may, within 28 days after
receiving a statement of charge under
5
section 51V or 51W, object in writing to the
Authority on any one or both of the grounds
set out in section 51ZI(1).
51ZH. Making an objection to an infrastructure
recovery charge
10
A person who is aggrieved by the levying of
an infrastructure recovery charge may,
within 28 days after receiving a statement of
charge under section 51X, object in writing
to the Authority on any one or more of the
15
grounds set out in section 51ZI.
51ZI. Grounds for objection
(1) The grounds for an objection are--
(a) that the objector is not liable for the
charge;
20
(b) that there is a technical error in the
calculation of the charge.
(2) The following additional grounds of
objection apply to an infrastructure recovery
charge--
25
(a) that an assessment of development
value by the nominated valuer used in
the calculation of the charge is too high
or too low;
(b) that an assessment of development
30
value by the nominated valuer used in
the calculation of the charge is based on
an incorrect description of any land
valued in that assessment;
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(c) that an assessment of development
value by the nominated valuer used in
the calculation of the charge is based on
an incorrect apportioning of the value
of a parcel of land in respect of which
5
the charge is levied that had previously
been valued together with other parcels
of land under section 13DC(6) or
13DC(7) of the Valuation of Land Act
1960.
10
51ZJ. What must an objection contain?
(1) An objection must--
(a) state the ground or grounds on which
the objection is based; and
(b) give particulars of--
15
(i) any alleged error in the calculation
of the charge; or
(ii) the bases of any assessment of
development value made by the
nominated valuer to which the
20
objection is made.
(2) An objection on a ground set out in section
51ZI(2) must be accompanied by an
assessment of the development value of the
development made by a qualified valuer at
25
the objector's expense.
51ZK. Determination of objection not involving
assessment of development value
If the Authority receives an objection based
on a ground set out in section 51ZI(1), the
30
Authority must determine the objection and
notify the objector in writing of the
Authority's determination within 28 days
after receiving the objection.
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51ZL. Determination of objection involving
disputed assessment of development value
(1) If the Authority receives an objection based
on a ground set out in section 51ZI(2), the
Authority must determine to accept or reject
5
the assessment of development value
provided by the objector within 21 days after
receiving the objection.
(2) If the Authority determines to accept the
objector's assessment, the Authority must
10
within 7 days after making that
determination--
(a) make any necessary adjustment to the
charge; and
(b) notify the objector of its determination
15
and of any adjustment made to the
charge.
(3) If the Authority determines not to accept the
objector's assessment, it must within 7 days
after making that determination--
20
(a) refer the objection to the valuer-general
for dispute resolution; and
(b) notify the objector in writing of its
determination and that the objection has
been so referred.
25
51ZM. Dispute resolution procedure
(1) The valuer-general must convene a dispute
resolution conference within 2 months after
the objection is referred to the valuer-general
under section 51ZL.
30
(2) The parties to the dispute resolution
conference are the nominated valuer who
made the assessment and the valuer who
prepared the objector's assessment.
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(3) The valuer-general or a person nominated by
the valuer-general is to facilitate the dispute
resolution conference.
(4) At a dispute resolution conference the parties
may agree on the correct assessment of
5
development value to be used as the basis for
determining the charge.
(5) The valuer-general must notify the Authority
of the outcome of the dispute resolution
conference.
10
51ZN. Determination of Authority after dispute
resolution conference
(1) If the valuer-general notifies the Authority
that the parties to the dispute resolution
conference have agreed on the correct
15
assessment of development value, the
Authority, within 7 days after receiving that
notice, must--
(a) accept the assessment; and
(b) make any necessary adjustment to the
20
charge; and
(c) notify the objector in writing of the
Authority's determination to accept the
assessment and of any adjustment made
to the charge.
25
(2) If the valuer-general notifies the Authority
that the parties to the dispute resolution
conference have not agreed on the correct
assessment of development value, the
Authority, within 7 days after receiving that
30
notice, must--
(a) disallow the objection on the ground of
the assessment of development value;
and
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(b) notify the objector in writing of the
Authority's determination to disallow
the objection on that ground.
Subdivision 6--Reviews and Appeals
51ZO. Application to VCAT for review
5
(1) An objector who is dissatisfied with a
determination of the Authority under
section 51ZK, or 51ZN on an objection may
apply to VCAT for review of that
determination.
10
(2) An application under sub-section (1) must be
made within 28 days after the objector is
notified of the determination under
Subdivision 5.
(3) An objector may apply to VCAT for a
15
review of the amount of a general charge or
an infrastructure recovery charge set out in a
statement sent to the objector under
section 51V, 51W or 51X if--
(a) the Authority fails to notify the objector
20
of its determination in relation to the
objection within the time required by
section 51ZK, 51ZL or 51ZN (as the
case requires); or
(b) the valuer-general fails to convene a
25
dispute resolution conference within the
time required by section 51ZM.
(4) An application under sub-section (3) must be
made within 28 days after the expiry of the
relevant required time referred to in that sub-
30
section.
(5) An applicant under this section must serve a
copy of the application on the Authority.
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(6) The Authority must, within 28 days after
being served with a copy of the application,
forward to the principal registrar of VCAT--
(a) the notice of objection; and
(b) copies of any written notifications
5
given under Subdivision 5 in
connection with the objection.
(7) The principal registrar of VCAT must notify
the valuer-general of an application under
this section that relates to an objection on a
10
ground referred to in section 51ZI(2).
51ZP. Appeal to Supreme Court
(1) If the application relates to a ground of
objection referred to in section 51ZI(2), the
President of VCAT, on his or her own
15
initiative or on the application of a party,
may refer a matter that is the subject of an
application under section 51ZO to the
Supreme Court to be treated as an appeal to
the Supreme Court if the President is
20
satisfied that the matter raises questions of
unusual difficulty or of general importance.
(2) The principal registrar of VCAT must notify
the valuer-general of a referral to the
Supreme Court under sub-section (1).
25
(3) In addition to sub-section (1), a matter that is
or could be the subject of an application
under section 51ZO may be treated as an
appeal to the Supreme Court if, on the
application of any party, the Court is
30
satisfied that the matter raises questions of
unusual difficulty or of general importance.
(4) For the purposes of sub-section (3), a
"party" includes a person who would be a
party if the matter were the subject of an
35
application under section 51ZO.
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(5) The prothonotary must notify the valuer-
general of an application to the Supreme
Court under sub-section (3).
(6) Nothing in this section limits the application
of section 77 of the Victorian Civil and
5
Administrative Tribunal Act 1998.
Note: Section 77 of the Victorian Civil and
Administrative Tribunal Act 1998 permits
VCAT to refer a matter to a more appropriate
10 forum.
51ZQ. Grounds of review or appeal
(1) On a review or appeal the objector's case is
limited to--
(a) the ground or grounds of the objection
made under section 51ZG or 51ZH; and
15
(b) any other ground set out in section 51ZI
allowed by order of VCAT or the
Supreme Court (as the case requires).
(2) If a ground for the objection is that an
assessment of development value is incorrect
20
on a ground referred to in section 51ZI(2),
the application for review or appeal (as the
case requires) must state the amount that the
objector contends is the correct amount of
the assessment.
25
51ZR. Powers on review or appeal
(1) On a review or appeal, VCAT or the
Supreme Court (as the case requires) may--
(a) by order, confirm the person liable to
pay the general charge or infrastructure
30
recovery charge; and
(b) by order, confirm, increase, reduce or
otherwise amend any assessment of
development value that was used in
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calculating the infrastructure recovery
charge; and
(c) by order, confirm, increase, reduce or
otherwise amend the general charge or
infrastructure recovery charge; and
5
(d) make any other order it thinks fit.
(2) An appeal to the Court of Appeal from an
order of the Supreme Court under this
section lies only on a question of law.
10 Note: Section 148 of the Victorian Civil and
Administrative Tribunal Act 1998 provides
for appeals on a question of law from orders of
VCAT.
51ZS. Costs
(1) On a review or appeal, VCAT or the
15
Supreme Court (as the case requires) may
make an order as to the payment of costs, or
no order as to the payment of costs, as it
thinks appropriate.
(2) In determining any questions concerning
20
costs, VCAT or the Supreme Court may take
into consideration the following factors, as
appropriate--
(a) the extent of any adjustment to the
assessment made by VCAT or the
25
Court;
(b) any unreasonable conduct on the part of
any party--
(i) during the objection process; or
(ii) during the review or appeal;
30
(c) the failure of a party to give adequate
information or supply supporting
material when permitted or required to
do so.
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(3) The Supreme Court may make an order with
respect to the assessment of costs in the same
manner as it may in respect of any other
matter before the Court.
5 Note: Section 111 of the Victorian Civil and
Administrative Tribunal Act 1998 provides
for the assessment of costs in VCAT
proceedings.'.
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PART 3--AMENDMENTS TO OTHER ACTS
See: Division 1--Amendments to the Subdivision Act 1988
Act No.
53/1988.
8. Statement of compliance with statutory
Reprint No. 5
as at
requirements
1 January
1999 and
(1) In section 21(1) of the Subdivision Act 1988, for
5 amending
"A Council must" substitute "Subject to sub-
Act Nos
28/2000,
section (2C), a Council must".
74/2000,
44/2001,
(2) After section 21(2) of the Subdivision Act 1988
47/2004 and
81/2004.
insert--
LawToday:
www.dms.
"(2A) A Council, within 7 days after receiving the
10 dpc.vic.
request for the issue of the statement of
gov.au
compliance in relation to a plan of a
subdivision that relates to land which is
within a project area for which a resolution is
in force under Division 5A of Part 3 of the
15
Victorian Urban Development Authority
Act 2003 levying a general development
charge or infrastructure recovery charge,
must--
(a) notify the Victorian Urban
20
Development Authority in writing--
(i) of the receipt of that request and
the date of that receipt; and
(ii) as to whether the land in the plan
of subdivision has been the
25
subject of a subdivision of land in
the period of 3 years immediately
preceding the date of that receipt;
and
(b) provide the Victorian Urban
30
Development Authority with a copy of
the planning permit for that
subdivision.
40
551402B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Victorian Urban Development Authority (Amendment) Act 2006
Act No.
Part 3--Amendments to other Acts
s. 9
(2B) Sub-section (2A) does not apply to a plan of
subdivision that involves an alteration to the
boundaries of the lots on an existing plan of
subdivision but does not increase the number
of lots above the number of lots on that
5
existing plan of subdivision.
(2C) A Council must not issue a statement of
compliance under this section in relation to a
plan of subdivision for which it has given
notice under sub-section (2A) unless the
10
Victorian Urban Development Authority has
notified the Council under section 51ZA of
the Victorian Urban Development
Authority Act 2003 that--
(a) a general development charge or an
15
infrastructure recovery charge is not
payable in respect of the subdivision; or
(b) if a general development charge or an
infrastructure recovery charge is
payable in respect of the subdivision,
20
the charge has been paid or the person
liable to pay the charge has entered into
an agreement with the Authority under
section 51Y of that Act to pay the
charge.".
25
See:
Division 2--Amendments to the Building Act 1993 Act No.
126/1993.
Reprint No. 6
9. New section 18A inserted as at
14 June 2005
After section 18 of the Building Act 1993 and
amending
insert-- Act Nos
26/2001,
"18A. Notice to VicUrban of application
30 96/2004,
18/2005,
(1) This section applies if-- 39/2005,
42/2005 and
(a) an application for a building permit 52/2005.
LawToday:
relates to the carrying out of building www.dms.
work on land in a project area within dpc.vic.
gov.au
41
551402B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Victorian Urban Development Authority (Amendment) Act 2006
Act No.
Part 3--Amendments to other Acts
s. 9
the meaning of the Victorian Urban
Development Authority Act 2003;
and
(b) a resolution is in force under
Division 5A of Part 3 of that Act
5
levying a general development charge
or an infrastructure recovery charge in
respect of that project area.
(2) The relevant building surveyor must without
delay--
10
(a) notify the Victorian Urban
Development Authority in writing of--
(i) the application; and
(ii) the cost of the building work
calculated in accordance with
15
section 201; and
(iii) any refusal of the application
under section 201(6)(b) or
201(6)(c); and
(iv) any decision of the Building
20
Appeals Board to modify the cost
of the building work; and
(b) provide the Victorian Urban
Development Authority with a copy of
any relevant planning permit that
25
authorises both the construction of the
buildings to which the building work
relates and a subdivision of the land on
which the building work is to be carried
out.".
30
42
551402B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Victorian Urban Development Authority (Amendment) Act 2006
Act No.
Part 3--Amendments to other Acts
s. 10
10. Refusal of building permit
After section 24(2) of the Building Act 1993
insert--
"(3) The relevant building surveyor must not
issue a building permit for the carrying out
5
of building work for which notice is required
to be given to the Victorian Urban
Development Authority under section 18A
unless the Authority has notified the relevant
building surveyor under section 51ZA of the
10
Victorian Urban Development Authority
Act 2003 that--
(a) a general development charge or an
infrastructure recovery charge is not
payable in respect of the building work
15
for which the permit is to be issued; or
(b) if a general development charge or an
infrastructure recovery charge is
payable in respect of that building
work, the charge has been paid or the
20
person liable to pay the charge has
entered into an agreement with the
Authority under section 51Y of that Act
to pay the charge.".
11. New section 32A inserted
25
After section 32 of the Building Act 1993
insert--
"32A. Council to notify VicUrban of issue of
building permit
(1) This section applies if--
30
(a) a council has under section 30(1) been
given a copy of a building permit
issued for building work to be carried
out on a property situated in a project
area within the meaning of the
35
43
551402B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Victorian Urban Development Authority (Amendment) Act 2006
Act No.
Part 3--Amendments to other Acts
s. 11
Victorian Urban Development
Authority Act 2003; and
(b) a resolution is in force under
Division 5A of Part 3 of that Act
levying a general development charge
5
or infrastructure recovery charge in
respect of that project area.
(2) The council must within 14 days after being
given the copy of the building permit--
(a) notify the Victorian Urban
10
Development Authority in writing in
accordance with sub-section (3); and
(b) provide the Victorian Urban
Development Authority with a copy of
any relevant planning permit that it
15
holds that authorises both the
construction of the buildings to which
the building work relates and a
subdivision of the land on which the
building work is to be carried out.
20
(3) The notice must set out the following
information--
(a) the name of the applicant for the
permit;
(b) the address of the property in respect of
25
which the permit was issued;
(c) the nature of the building work for
which the permit was issued;
(d) the cost of the building work calculated
in accordance with section 201;
30
(e) the information referred to in
paragraphs (c) and (d) in respect of all
other building permits issued for the
same land in the previous 3 years.".
44
551402B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Victorian Urban Development Authority (Amendment) Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
45
551402B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
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