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PLANNING AND ENVIRONMENT ACT 1987 - SECT 201TE Governor in Council may grant reduction or exemption of GAIC in certain circumstances

PLANNING AND ENVIRONMENT ACT 1987 - SECT 201TE

Governor in Council may grant reduction or exemption of GAIC in certain circumstances

    (1)     The Governor in Council, on the recommendation of the Minister, may grant a reduction of the whole or part, or an exemption from the whole, of the liability of a person to pay a growth areas infrastructure contribution if—

        (a)     the person has applied in accordance with this section; and

S. 201TE(1)(b) substituted by No. 18/2023 s. 100(2).

        (b)     the Governor in Council is satisfied that—

              (i)     the liability would cause the person financial hardship; or

              (ii)     exceptional circumstances exist.

    (2)     Despite subsection (1), the Governor in Council must not grant a reduction or exemption in respect of liability to pay a growth areas infrastructure contribution the whole or part of which has been deferred under Subdivision 3 of Division 2.

    (3)     Subject to this section, an application under this section may be made to the Minister by a person on whom a growth areas infrastructure contribution is imposed in relation to land in the contribution area.

    (4)     An application must be made before the day on which the contribution is payable.

    (5)     A person may not apply under this section for a reduction or exemption in respect of a growth areas infrastructure contribution the whole or part of which has been deferred under Subdivision 3 of Division 2.

S. 201TE(6) amended by No. 11/2017 s. 84.

    (6)     Before recommending the grant of a reduction or exemption under this section, the Minister must consult with the Victorian Planning Authority and the Treasurer.

    (7)     The Governor in Council may impose conditions on a reduction or exemption granted under this section.

    (8)     If a person fails to comply with a condition imposed on the grant of a reduction or exemption under this section, the reduction or exemption is taken never to have been granted.

S. 201TF inserted by No. 23/2010 s. 9.