PLANNING AND ENVIRONMENT ACT 1987 - SECT 223 Transitional provisions—Victorian Planning Authority Act 2017

PLANNING AND ENVIRONMENT ACT 1987 - SECT 223

    (1)     A development agency (other than a municipal council) to which an amount of infrastructure levy was paid by the Growth Areas Authority as a collecting agency under Part 3AB, as it was in force from time to time before the commencement day, that did not provide the Growth Areas Authority with reports under section 46GK on the use of the amount, must provide the Victorian Planning Authority with the reports after the commencement day.

    (2)     A development agency (other than a municipal council) to which an amount of levy was paid by the Growth Areas Authority as a collecting agency under Part 3B, as it was in force from time to time before the commencement day, that did not provide the Growth Areas Authority with reports under section 46QB on the use of the amount, must provide the Victorian Planning Authority with the reports after the commencement day.

    (3)     An order published in the Government Gazette by the Minister under section 46AO that is in force immediately before the commencement day is taken on that day to be an order published in the Government Gazette by the Minister under section 201RAA.

    (4)     If the Growth Areas Authority received a notification under section 201SLK and made a determination under section 201SLL(1) before the commencement day but did not notify the Commissioner under section 201SLL(2) of the determination before that day, the Victorian Planning Authority must notify the Commissioner of that determination on or after that day.

    (5)     If the Growth Areas Authority received a notification under section 201SLK but did not make a determination under  section 201SLL(1) before the commencement day, the Victorian Planning Authority—

        (a)     must make a determination under section 201SLL(1) in respect of the work-in-kind agreement, or stage of the work-in-kind agreement, to which the notification relates on or after that day; and

        (b)     must notify the Commissioner of that determination on or after that day.

    (6)     For the purposes of section 201SLM—

        (a)     a determination of the value of land or works made by the Growth Areas Authority under section 201SLL(1) before the commencement day is taken on that day to be a determination made by the Victorian Planning Authority; and

        (b)     a notification given by the Growth Areas Authority under section 201SLL(2) before the commencement day is taken on that day to be a notification given by the Victorian Planning Authority.

    (7)     A record kept by the Growth Areas Authority under section 201U as in force from time to time before the commencement day is taken on that day to be a record kept by the Victorian Planning Authority.

    (8)     A municipal council that received a request for information from the Growth Areas Authority under section 201UAB(1) as in force from time to time before the commencement day and did not provide the Growth Areas Authority with that information before that day must provide that information to the Victorian Planning Authority as soon as possible on or after that day.

    (9)     Section 201UG as in force immediately before the commencement day continues to apply to an instrument of transfer which is accompanied by an application made by the Growth Areas Authority under section 201UC before that day.

    (10)     The Department must include in its annual report of operations for the 2016/2017 financial year, the value of all work-in-kind agreements (within the meaning of section 201SLC(1)(e)) determined by the Growth Areas Authority under section 201SLL (as in force from time to time before the commencement day) to have been performed or partly performed in respect of each growth area.

    (11)     In this section—

"commencement day" means the day on which section 56 of the Victorian Planning Authority Act 2017 comes into operation;

"Growth Areas Authority" means the Growth Areas Authority established by section 46AQ as in force immediately before the commencement day.

S. 224 inserted by No. 7/2018 s. 15, expired by force of No. 45/1987 s. 224(6).

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S. 225 inserted by No. 30/2020 s. 27.