MELBOURNE STRATEGIC ASSESSMENT (ENVIRONMENT MITIGATION LEVY) ACT 2020
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 4 Meaning of environment mitigation dataset
- 5 Meaning of excluded building work
- 6 Meaning of excluded event
- 7 Meaning of excluded subdivision of land
- 8 Meaning of sub-sale of dutiable property
- 9 Act binds the Crown
PART 2--LEVY SCHEME INSTRUMENTS AND THE INFORMATION SYSTEM
Division 1--Levy area and conservation area declarations
- 10 Declaration of the levy area
- 11 Declaration of conservation areas
- 12 Secretary must have regard to certain Commonwealth approvals and any prescribed matter
- 13 Notice of making of a levy scheme declaration
- 14 Preparation of maps to set out the levy area and conservation areas
- 15 When does a levy scheme declaration take effect?
- 16 Levy scheme declarations must be made available for inspection and published on the internet
- 17 Amending and revoked levy scheme declarations must be made available for inspection for at least 7 years
- 18 Application of Subordinate Legislation Act 1994 to levy area declarations
Division 2--The environment mitigation information system
- 19 Establishment of environment mitigation information system
- 20 Public access to environment mitigation information system data and information
PART 3--THE ENVIRONMENT MITIGATION LEVY
Division 1--Imposition
- 21 Imposition of environment mitigation levy
- 22 Amount of environment mitigation levy
- 23 Publication of adjusted rates for component levy amounts
Division 2--Persons liable to pay environment mitigation levy and by when
- 24 Who must pay the environment mitigation levy and by when
- 25 Liability for levy taken not to have arisen in certain cases
Division 3--Staged payment of environment mitigation levy
- 26 Application
- 27 Staged payment approvals
- 28 Notice of staged payment approval
- 29 Amendment of conditions to which staged payment approval is subject
- 30 Subsequent owner of land in respect of which staged payment approval given liable to pay levy
- 31 Time for paying levy does not apply if approval for staged payment
- 32 Amount of the levy payable is the amount applicable to the financial year in which staged payment occurs
- 33 Staged payment approval payments must be paid to Secretary
- 34 Failure to comply with condition of staged payment of approval
- 35 Levy subject to staged payment approval may be a charge on land
Division 4--Reduction of environment mitigation levy through land transfer agreements
- 36 Secretary and other public entities may enter into land transfer agreements
- 37 Matters to be included in a land transfer agreement
- 38 Amendment of land transfer agreement
- 39 Terminating a land transfer agreement
- 40 Entering into a land transfer agreement does not discharge liability to pay levy
- 41 Performance of land transfer agreement taken to be payment of levy
- 42 Consequences when land transfer agreement is terminated before wholly performed
Division 5--Notification of certain levy events on Crown land
- 43 Secretary to be notified of utility infrastructure or road construction work on Crown land within levy area
- 44 Secretary to be notified of building permit application for building work on Crown land within levy area
Division 6--Levy recordings for land that is not Crown land
- 45 Secretary must notify the Registrar of land that is not Crown land that may be subject to levy
- 46 Registrar must make a levy recording in relation to land that is not Crown land that may be subject to levy
- 47 Applications to remove levy recordings
- 48 Registrar to remove a levy recording relating to a parcel of land not subject to levy
- 49 No entitlement to compensation in connection with Registrar's duties
Division 7--Miscellaneous
- 50 Environment mitigation levy is a debt payable to and recoverable by Secretary
- 51 Joint liability to pay environment mitigation levy
PART 4--ASSESSMENT OF LEVY LIABILITY AND COLLECTION OF ENVIRONMENTMITIGATION LEVY
Division 1--Assessment
- 52 Assessment of levy liability
- 53 Reassessment of levy liability
- 54 Reassessments cannot be made more than 5 years after the date of original assessments of levy liability
- 55 Secretary not required to consider vexatious or non‑conforming applications for reassessment
- 56 Environment mitigation information system must be used for assessments and reassessments
- 57 Information on which assessment or reassessment is made
- 58 Contents of reassessment determinations
- 59 Applications for reassessment
- 60 Levy assessment notice
- 61 Person served an assessment notice must pay the levy amount stated in the notice by the stated date
- 62 Withdrawal of assessment or reassessment
- 63 Notice of certain joint assessments, reassessments and withdrawals
Division 2--Objections
- 64 Definition
- 65 Objection
- 66 Grounds for objection
- 67 Effect on objection if there is a reassessment before objection is determined
- 68 Onus of proof on objection
- 69 Time for lodging objection
- 70 Secretary may request additional information for the purpose of determining objection
- 71 Objector may apply for extension of time to give more information
- 72 Objection lapses if there is non-compliance with an additional information notice
- 73 Suspension of determination of objection on giving of additional information notice
- 74 Suspension of determination of objection at request of objector
- 75 Determination of objection
- 76 Secretary must inform VCAT of certain determinations of objections
- 77 Notice of determination
- 78 Payment of interest following determination of objection
Division 3--Review of determinations of objections
Division 4--Refunds
- 82 Secretary must refund levy overpayments
Division 5--Interest
- 83 Interest in respect of levy defaults
- 84 Minimum amount of interest
- 85 Interest rate to prevail over interest otherwise payable on a judgment debt
- 86 Remission of interest
- 87 Interest on refunds and on successful objection or review
Division 6--Miscellaneous
- 88 Recovery of levy pending a determination of objection or determination of application for review
PART 5--THE MELBOURNE STRATEGIC ASSESSMENT FUND
- 89 Establishment of Melbourne Strategic Assessment Fund
- 90 Application of Melbourne Strategic Assessment Fund
- 91 Minister to report financial position of Melbourne Strategic Assessment Fund
PART 6--REVIEW OF ENVIRONMENT MITIGATION LEVY
- 92 Definitions
- 93 Conservation outcomes
- 94 Review and report on review
- 95 Commencement of review
- 96 Notice of review
- 97 Preparation of draft report on a review
- 98 Minister must have regard to public comments
- 99 Publication of report at end of review
- 100 Report to be publicly available for at least 10 years after publication
PART 7--GENERAL
Division 1--Register of Crown land with no levy liability
- 101 Register of Crown land with no levy liability
Division 2--Levy-related certificates
- 102 Application for a certificate
- 103 Certificate of release
- 104 Certificate of staged payment approval
- 105 Certificate of partial release
- 106 Certificate of no liability
- 107 Levy liability certificate
- 108 Certificate not to be taken as an assessment or reassessment
Division 3--Authorised officers
Division 4--Information gathering powers relating to Crown land levy events
- 111 Power to require information and documents in relation to levy events on Crown land
- 112 Building surveyors to give information to the Secretary in relation to certain building permit applications
- 113 Powers of entry—Crown land in the levy area
Division 5--Evidentiary provisions
- 114 Presumption of regularity as to issue of documents
- 115 Evidence of assessment or reassessment
- 116 Certificate evidence
- 117 Copies of and extracts from certain documents
Division 6--Service
- 118 Definition
- 119 Service of documents on Secretary
- 120 Service of documents by Secretary
- 121 When service is effective
Division 7--Delegations and other instruments
- 122 Delegation—Minister delegations
- 123 Delegation—Secretary delegations
- 124 Excluded event certificate
Division 8--Miscellaneous
- 125 Public accessibility of environment mitigation dataset
- 126 Means and time of payment of environment mitigation levy
- 127 Adjustments for fraction of a dollar
Division 9--Regulations
- 128 Regulations