Victorian Current Acts

BUILDING ACT 1993 - SECT 205LB

    (1)     If a reassessment of the building permit levy under section 205L exceeds the amount of levy calculated under section 205I by at least the prescribed amount, the Authority must—

        (a)     give to the person liable to pay the additional amount of levy a notice of—

              (i)     the reassessment of the levy; and

              (ii)     the additional levy to be paid by the person, being the difference between the levy paid in accordance with section 205GA and the reassessed levy amount; and

              (iii)     any penalty levy imposed under section 205LC; and

        (b)     give a notice to the relevant building surveyor of the revised cost of the building work on which the reassessment of the levy is based.

    (2)     A notice under subsection (1)(a) must state that the person given the notice has the right to apply to VCAT for review of the reassessment of building permit levy and any penalty levy imposed.

    (3)     In this section—

S. 205LB(3) def. of person liable to pay the additional amount of levy amended by No. 43/2019 s. 21.

"person liable to pay the additional amount of levy" means—

        (a)     if the reassessment of the building permit levy was based on the ground under section 205L(1)(a) and the variation to the building work is not related to an amendment of the building permit, the owner of the building or land at the time at which the work that caused the increase in the cost of the building work was carried out; or

        (b)     if the reassessment of the building permit levy was based on the ground under section 205L(1)(a) and the variation to the building work is related to an amendment of the building permit, the applicant for the amendment of the permit; or

        (c)     if the reassessment of the building levy was based on a ground under section 205L(1)(b) or (c), the applicant for the building permit; or

        (d)     if the reassessment of the building permit levy was based on the ground under section 205L(1A)(a) and the variation to the building work is not related to an amendment of the building permit, the owner of the building or land at the time at which the work that caused the increase to the cost of the building work was carried out; or

        (e)     if the reassessment of the building permit levy was based on the ground under section 205L(1A)(a) and the variation to the building work is related to an amendment of the building permit, the applicant for the amendment of the permit; or

        (f)     if the reassessment of the building permit levy was based on a ground under section 205L(1A)(b) or (c), the applicant for the building permit;

"prescribed amount" means—

        (a)     the amount prescribed by the regulations (if any); or

        (b)     if an amount is not prescribed, $20.

S. 205LBA inserted by No. 43/2019 s. 22.