Victorian Consolidated Legislation

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Road Management Act 2004 - SECT 56

Development contribution

56. Development contribution



(1) A State road authority that intends to undertake the construction of a new
public road which will benefit adjacent land may, by notice in writing,
require the owner of the land to meet or contribute to the present day cost of
the road construction.

(2) If a proposal for the subdivision of land is referred to a road authority
under the Planning and Environment Act 1987, the State road authority may, by
notice in writing, require the owner of the land to meet or contribute to the
present day cost of the construction of a public road that is required because
of the proposed subdivision.

(3) The amount of the payment required from an owner of land must be assessed
by the State road authority to be fair and reasonable, taking into account the
benefit to that land relative to the benefit to other land.

(4) The notice must specify-

   (a)  the amount of the payment required; and

   (b)  how the amount of the payment was determined; and

   (c)  the reason why the payment is required; and

   (d)  the construction work that will be provided; and

   (e)  when the construction work will be completed; and

   (f)  the land in relation to which payment is required; and

   (g)  if payments are required in relation to a group of parcels of land,
        the amounts required in relation to each parcel and how the amounts
        were apportioned; and

   (h)  the right of the owner to object and apply for a review under section
        57; and

        (i)    in the case of a notice under subsection (1), that details of
               the proposal are available for inspection, free of charge, at
               the road authority's office during normal business hours.

(5) In the case of a notice under subsection (1), the State road authority
must ensure that details of the proposal are available for inspection, free of
charge, at the State road authority's office during normal business hours.



(6) The State road authority must ensure that payments received under this
section are applied towards the cost of the road construction within the
prescribed period of time.



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