Victorian Consolidated Legislation

Road Management Act 2004 - SECT 58

State road authority may require further payment or refund excess

58. State road authority may require further payment or refund excess



(1) A State road authority that has required payments under section 56 from
the owners of any land may-

   (a)  if the total amount collected is not enough to meet the costs in
        respect of which the payments were required, require further payments
        from the owners of those lands; and

   (b)  if the total amount collected is more than enough to meet those costs,
        refund the excess to the owners of those lands.

(2) The provisions of sections 56(4), 56(5), 57 and 59 apply in relation to
any further payments required, as if they were payments originally required
under section 56, except that in the case of payments required by a notice
under section 56(1)-

   (a)  the State road authority may require further payments of not more than
        20 per cent of the amount specified in that notice, if those further
        payments are necessary to meet the cost of the road construction; and

   (b)  the cost of those further payments must be fairly distributed over the
        group of parcels of land that is to receive the benefit, if there is
        such a group.