Victorian Consolidated Legislation

VICTORIAN URBAN DEVELOPMENT AUTHORITY ACT 2003

No. 59 of 2003
Version incorporating amendments as at 6 August 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Does the Authority represent the Crown?

   PART 2-VICTORIAN URBAN DEVELOPMENT AUTHORITY

           Division 1-Establishment

   5.      Establishment
   6.      Authority may trade as VicUrban

           Division 2-Functions and powers

   7.      Functions
   8.      Powers of the Authority
   9.      Authority subject to the direction and control of the Minister
   10.     Non-commercial functions
   11.     Delegation
   12.     Authority may enter into joint ventures etc.
   13.     Reciprocal arrangements with public sector agencies
   14.     Grant of land to Authority
   15.     Approval required for acquisition of private land
   16.     Staff

           Division 3-The board

   17.     The board
   18.     Constitution of the board
   19.     Appointment of directors
   20.     Terms and conditions of appointment
   21.     Acting appointments
   22.     Chief executive
   23.     Vacancies, resignations, removal from office
   24.     Validity of decisions
   25.     Proceedings of the board
   26.     Sub-committees
   27.     Participation in meetings by telephone etc.
   28.     Resolutions without meetings
   29.     Disclosure of interests
   30.     Duties of directors
   31.     Authority or Minister may bring proceedings
   32.     Authority not to make loans to directors
   33.     Limitations on indemnity

   PART 3-POWERS RELATING TO DECLARED PROJECTS

           Division 1-Declared projects

   34.     Project order
   35.     Application of Act
   36.     Authority represents the Crown in relation to project
   37.     Authority to surrender land
   38.     This Part binds the Crown

           Division 2-Obtaining land

   39.     Surrender or divesting of land of other bodies
   40.     Grant of land to the Authority
   41.     Acquisition by agreement
   42.     Compulsory acquisition of land

           Division 3-Compensation for surrendered or divested land

   43.     Right to compensation on surrender or divesting

           Division 4-Activities on land

   44.     Land management and use
   45.     Revocation of permanent and temporary reservations
   46.     Power to enter land

           Division 5-Disposing of and other dealings with land

   47.     Authority may surrender land to the Crown
   48.     Disposing of land
   49.     Agreements that run with the land

           Division 5A-Charges
           Subdivision 1-Introductory

   50.     Definitions
   51.     What is development?
   51A.    Which subdivisions and building work are exempt
           development?
   51B.    Indexation of threshold amount
   51C.    What is development value?
   51D.    How is development value assessed?
   51E.    Nominated valuer to make assessments
           Subdivision 2-General charges
   51F.    General charges
   51G.    How is a general charge determined?
   51H.    What must a resolution levying a general charge state?
   51I.    Notice of general charge
   51J.    Variation or revocation of resolution levying general
           charge
   51K.    General development charge not to apply to existing development
   51L.    General charges on non-rateable land
           Subdivision 3-Infrastructure recovery charges
   51M.    Infrastructure recovery charge
   51N.    Infrastructure recovery charge to be based on
           development value
   51O.    Cap on infrastructure recovery charge
   51P.    What must a resolution levying an infrastructure
           recovery charge state?
   51Q.    Notice of infrastructure recovery charge
   51R.    Variation or revocation of resolution levying infrastructure recovery charge
   51S.    Infrastructure recovery charge not to apply to existing development
   51T.    Infrastructure recovery charge not payable if earlier
           charge paid
   51U.    Infrastructure recovery charge not payable in respect of
           public land
           Subdivision 4-Recovery of charges
   51V.    Statement of general charge (other than general development charge)
   51W.    Statement of general development charge
   51X.    Statement of infrastructure recovery charge
   51Y.    Authority may enter agreements for payment of charges under this Division
   51Z.    Waiver of charges
   51ZA.   Authority must give notice of charge to council or
           building surveyor
   51ZB.   Removal of liability for other charges
   51ZC.   Authority may charge interest on unpaid charges
   51ZD.   Unpaid charges may be recovered as a debt
   51ZE.   Charges to be paid into Project Fund
   51ZF.   Refund of certain charges by Authority
           Subdivision 5-Objections
   51ZG.   Making an objection to a general charge
   51ZH.   Making an objection to an infrastructure recovery charge
   51ZI.   Grounds for objection
   51ZJ.   What must an objection contain?
   51ZK.   Determination of objection not involving assessment of development value
   51ZL.   Determination of objection involving disputed assessment of development value
   51ZM.   Dispute resolution procedure
   51ZN.   Determination of Authority after dispute resolution conference
           Subdivision 6-Reviews and appeals
   51ZO.   Application to VCAT for review
   51ZP.   Appeal to Supreme Court
   51ZQ.   Grounds of review or appeal
   51ZR.   Powers on review or appeal
   51ZS.   Costs

           Division 6-Other powers

   52.     Exemption from duty, rates, taxes or charges
   53.     Transport facilities
   54.     Closing roads
   55.     Administration of Building Act 1993.
   56.     Negotiation bonds

   PART 4-CORPORATE PLAN

   57.     Corporate Plan
   58.     Statement of corporate intent-contents
   59.     Corporate plan to be followed
   60.     Nothing void merely because of non-compliance
   61.     Board to give notice of significant events

   PART 5-FINANCIAL PROVISIONS

   62.     General Fund
   63.     Project Fund
   64.     Borrowing and investment by the Authority
   65.     Capital
   66.     Dividends
   67.     Exceptions from sections 88 and 88B of State Owned
           Enterprises Act 1992.

   PART 6-REPORTS BY THE AUTHORITY

   68.     Reports to Minister or Treasurer
   69.     Annual report

   PART 7-GENERAL

           Division 1-Confidentiality

   70.     This Division binds the Crown
   71.     Improper use of information
   72.     Information to be confidential
   73.     Who is connected with the Authority?

           Division 2-Evidence and legal proceedings

   74.     Proceedings
   75.     Evidence
   76.     Service of documents
   77.     Other laws not affected

           Division 3-Duties of Registrar

   78.     Action by Registrar of Titles

           Division 4-Regulations

   79.     Regulations

   PART 8-TRANSITIONAL PROVISIONS

   80.     Definitions
   81.     Transitional-Docklands Authority
   82.     Transitional-staff of the Docklands Authority
   83.     Transitional-chief executive
   84.     Transitional-reappointment to public service
   85.     Transitional-URLC
   86.     Transitional-staff of URLC
   87.     Transitional-superseded references to Docklands Authority
   88.     Transitional-superseded references
   89.     Saving of covenants

   PART 9-Repealed

           90-126. Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details