Victorian Consolidated Legislation

Local Government (Consequential Provisions) Act 1989 - SECT 12

Construction of private streets and completion of schemes

12. Construction of private streets and completion of schemes



(1) If a private street (within the meaning of section 575(1) of the Local
Government Act 1958) is constructed wholly or partly at the cost of the owners
of any land which abuts or fronts the street, the Council may not at any
future time recover any further costs in respect of the construction of a
component of the private street if that component has been previously
constructed to the satisfaction of the Council from the owners of the land
under section 163 or Division 10 of Part XIX or Part XLII of the Local
Government Act 1958.

(2) For the purposes of subsection (1) construct means any works necessary to
complete the construction of a component of a private street to the
satisfaction of the Council.

(3) In subsections (1) and (2) component means any one of the following-

   (a)  drainage works;

   (b)  kerbs and channels;

   (c)  nature strips;

   (d)  footpaths;

   (e)  road pavement;

   (f)  vehicular crossings.

(4) Notwithstanding the repeal of any provisions of the Local Government Act
1958 by this Act, if immediately before the commencement of this section a
notice has been served under the Local Government Act 1958 in respect of a
scheme on an owner or occupier of any land which may lead to a liability being
imposed on that owner or occupier the scheme may be completed under the Local
Government Act 1958 and the Local Government Act 1958 applies to and in
respect of the scheme as if those provisions had not been repealed.

(5) A separate rate levied in accordance with subsection (4) is deemed to be a
special rate or special charge declared under section 163 of the
Local Government Act 1989.

(6) For the purposes of section 163(2) of the Local Government Act 1989 the
criteria are the criteria specified in the resolution by which the separate
rate was levied or in any Order made by the Governor in Council in relation to
the separate rate.

(7) For the purposes of section 163(3)(c) of the Local Government Act 1989 the
manner in which the rate or charge will be assessed and levied is the manner
specified in the resolution by which the separate rate was levied or in any
Order made by the Governor in Council in relation to the separate rate.

(8) For the purposes of section 163(3)(d) of the Local Government Act 1989 the
period for which the rate or charge remains in force is the period specified
in the resolution by which the separate rate was levied.

(9) Unless otherwise provided in the resolution by which the separate rate was
levied, the valuation or valuations of the properties included in the rate in
each year is the valuation or valuations of such properties for the purposes
of the general rate made last before the day on which the separate rate was
made or last before the first day of each subsequent period of one year
respectively.