Victorian Current Acts Victorian Current ActsNo. 22 of 1991
Version incorporating amendments as at
1 July 2022
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Version No. 066
No. 22 of 1991
Version incorporating amendments as at
1 July 2022
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 26 March 1991
Legislative Council: 23 April 1991
The long title for the Bill for this Act was "A Bill to establish the Docklands Authority and to make other provision to facilitate the development of the docklands area and for other purposes.".
The Docklands Authority Act 1991 was assented on 21 May 1991 and came into operation as follows:
Sections 1–30, 32–57 on 5 June 1991: Government Gazette 5 June 1991 page 1450; section 31 on 20 July 1998: Government Gazette 16 July 1998 page 1924.
The name of this Act was changed from the Docklands Authority Act 1991 to the Docklands Act 1991 by Act No. 59/2003 section 91.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Docklands Act 1991 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Docklands Authority (Amendment) Act 1993, No. 24/1993
|
Assent Date: |
25.5.93 |
|
Commencement Date: |
25.5.93: s. 2 |
|
Current State: |
All of Act in operation |
Building Act 1993, No. 126/1993
|
Assent Date: |
14.12.93 |
|
Commencement Date: |
S. 264(Sch. 5 item 6) on 1.7.94: Special Gazette (No. 42) 1.7.94 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
|
Assent Date: |
31.5.94 |
|
Commencement Date: |
S. 4(Sch. 2 item 23) on 1.1.95: Government Gazette 28.7.94 p. 2055 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Port Services Act 1995, No. 82/1995
|
Assent Date: |
8.11.95 |
|
Commencement Date: |
S. 202 on 14.12.95: Government Gazette 14.12.95 p. 3488—see Interpretation of Legislation Act 1984 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995
|
Assent Date: |
5.12.95 |
|
Commencement Date: |
S. 10(1)(Sch. 1 item 3) on 30.4.96: Special Gazette (No. 45) 30.4.96 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Melbourne City Link Act 1995, No. 107/1995
|
Assent Date: |
12.12.95 |
|
Commencement Date: |
S. 125 on 14.12.95: Special Gazette (No. 120) 14.12.95 p. 3 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Parliament House Completion Authority Act 1996, No. 9/1996
|
Assent Date: |
25.6.96 |
|
Commencement Date: |
25.6.96: s. 2 |
|
Current State: |
All of Act in operation |
Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996
|
Assent Date: |
17.12.96 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Port Services (Amendment) Act 1997, No. 63/1997
|
Assent Date: |
5.11.97 |
|
Commencement Date: |
S. 10(4)(Sch. items 1.1–1.6) on 10.12.97: Government Gazette 4.12.97 p. 3290 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Docklands Authority (Amendment) Act 1997, No. 66/1997
|
Assent Date: |
18.11.97 |
|
Commencement Date: |
18.11.97: s. 2 |
|
Current State: |
All of Act in operation |
Rail Corporations (Amendment) Act 1997, No. 104/1997
|
Assent Date: |
16.12.97 |
|
Commencement Date: |
S. 43 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Building (Amendment) Act 1998, No. 18/1998
|
Assent Date: |
5.5.98 |
|
Commencement Date: |
S. 12 on 20.7.98: Government Gazette 16.7.98 p. 1924 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
|
Assent Date: |
26.5.98 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Transfer of Land (Single Register) Act 1998, No. 85/1998
|
Assent Date: |
17.11.98 |
|
Commencement Date: |
S. 24(Sch. item 18) on 1.1.99: s. 2(3) |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Local Government (Governance and Melton) Act 1998, No. 86/1998
|
Assent Date: |
17.11.98 |
|
Commencement Date: |
S. 13 on 17.11.98: s. 2(1); ss 3–12, 14–17 on 1.7.99: Government Gazette 17.6.99 p. 1406 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Rail Corporations (Further Amendment) Act 1998, No. 98/1998
|
Assent Date: |
24.11.98 |
|
Commencement Date: |
S. 46 on 29.4.99: Government Gazette 29.4.99 p. 967 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Rail Corporations and Transport Acts (Amendment) Act 1999, No. 45/1999
|
Assent Date: |
8.6.99 |
|
Commencement Date: |
S. 47 on 1.7.00: s. 2(3) |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Transport (Amendment) Act 2000, No. 30/2000
|
Assent Date: |
30.5.00 |
|
Commencement Date: |
31.5.00: s. 2 |
|
Current State: |
All of Act in operation |
Statute Law Revision Act 2000, No. 74/2000
|
Assent Date: |
21.11.00 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001
|
Assent Date: |
8.5.01 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Corporations (Consequential Amendments) Act 2001, No. 44/2001
|
Assent Date: |
27.6.01 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Port Services (Port of Melbourne Reform) Act 2003, No. 23/2003
|
Assent Date: |
13.5.03 |
|
Commencement Date: |
S. 26 on 3.11.03: Government Gazette 30.10.03 p. 2744 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Victorian Urban Development Authority Act 2003, No. 59/2003
|
Assent Date: |
16.6.03 |
|
Commencement Date: |
Ss 91–115 on 1.8.03: Government Gazette 31.7.03 p. 2125 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Port Services (Port Management Reform) Act 2003, No. 85/2003
|
Assent Date: |
11.11.03 |
|
Commencement Date: |
S. 32 on 1.4.04: Government Gazette 1.4.04 p. 714 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Local Government (Democratic Reform) Act 2003, No. 109/2003
|
Assent Date: |
9.12.03 |
|
Commencement Date: |
Ss 8, 26 on 10.12.03: Special Gazette (No. 230) 10.12.03 p. 3; s. 77 on 1.2.04: s. 2(2); ss 13, 91 on 31.12.04: s. 2(4) |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Public Administration Act 2004, No. 108/2004
|
Assent Date: |
21.12.04 |
|
Commencement Date: |
S. 117(1)(Sch. 3 item 57) on 5.4.05: Government Gazette 31.3.05 p. 602 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005
|
Assent Date: |
29.11.05 |
|
Commencement Date: |
S. 12(2) on 13.12.05: Special Gazette (No. 254) 13.12.05 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Owners Corporations Act 2006, No. 69/2006
|
Assent Date: |
19.9.06 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
City of Melbourne and Docklands Acts (Governance) Act 2006, No. 74/2006
|
Assent Date: |
10.10.06 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
|
Assent Date: |
10.10.06 |
|
Commencement Date: |
S. 26(Sch. item 27) on 11.10.06: s. 2(1) |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Planning Legislation Amendment Act 2009, No. 66/2009
|
Assent Date: |
17.11.09 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)
|
Assent Date: |
2.3.10 |
|
Commencement Date: |
S. 203(1)(Sch. 6 item 12) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010
|
Assent Date: |
17.8.10 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Subordinate Legislation Amendment Act 2010, No. 78/2010
|
Assent Date: |
19.10.10 |
|
Commencement Date: |
S. 24(Sch. 1 item 10) on 1.1.11: s. 2(1) |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Statute Law Revision Act 2011, No. 29/2011
|
Assent Date: |
21.6.11 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Victorian Urban Development Authority Amendment (Urban Renewal Authority Victoria) Act 2011, No. 35/2011
|
Assent Date: |
5.7.11 |
|
Commencement Date: |
S. 18 on 25.10.11: Special Gazette (No. 342) 25.10.11 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011
|
Assent Date: |
15.11.11 |
|
Commencement Date: |
S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 2 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016
|
Assent Date: |
22.3.16 |
|
Commencement Date: |
S. 179(Sch. 1 item 2) on 1.11.16: Special Gazette (No. 325) 25.10.16 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017, No. 10/2017
|
Assent Date: |
27.3.17 |
|
Commencement Date: |
S. 33 on 1.4.17: Special Gazette (No. 94) 27.3.17 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017
|
Assent Date: |
24.10.17 |
|
Commencement Date: |
S. 72 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Transport Legislation Amendment Act 2019, No. 49/2019
|
Assent Date: |
3.12.19 |
|
Commencement Date: |
S. 186(Sch. 4 item 13) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Local Government Act 2020, No. 9/2020
|
Assent Date: |
24.3.20 |
|
Commencement Date: |
S. 390(Sch. 1 item 25) on 24.10.20: s. 2(3)(f) |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022
|
Assent Date: |
24.5.22 |
|
Commencement Date: |
Ss 88–90 on 1.7.22: Government Gazette 23.6.22 p. 2737 |
|
Current State: |
This information relates only to the provision/s amending the Docklands Act 1991 |
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3 Explanatory details
[1] S. 3 def. of Subordinate instrument: The definition describes a subordinate instrument as having the same meaning as in the Interpretation of Legislation Act 1984, No. 10096/1984. At the date of this publication, section 38 of that Act provided that:
"subordinate instrument" means an instrument made under an Act—
(a) that is a statutory rule; or
(b) that is not a statutory rule but—
(i) contains regulations, rules, by‑laws, proclamations, Orders in Council, orders or schemes; or
(ii) is of a legislative character;
[2] S. 24(3): Section 24(3) provides that Division 2 of Part 9 of the Planning and Environment Act 1987, No. 45/1987 applies to an agreement between Development Victoria and a land owner. At the date of this publication, Division 2 of Part 9 read as follows:
Division 2—Agreements*
Pt 9 Div. 2 Subdiv. 1 (Heading) inserted by No. 3/2013 s. 46(1).
Subdivision 1—Making of agreements
173 Responsible authority may enter into agreements
(1) A responsible authority may enter into an agreement with an owner of land in the area covered by a planning scheme for which it is a responsible authority.
S. 173(1A) inserted by No. 47/2017 s. 6(1).
(1A) Without limiting subsection (1), a responsible authority may enter into an agreement with an owner of land for the development or provision of land in relation to affordable housing.
(2) A responsible authority may enter into the agreement on its own behalf or jointly with any other person or body.
S. 173(3) amended by No. 47/2017 s. 6(2).
(3) A responsible authority may enter into an agreement under subsection (1) or (1A) with a person in anticipation of that person becoming the owner of the land.
S. 173(4) substituted by No. 48/1991 s. 63(1), amended by No. 3/2013 s. 51(6).
(4) Despite anything in this Division, if an agreement entered into with a purchaser in anticipation of the purchaser becoming owner is recorded by the Registrar of Titles, it does not bind the vendor unless the vendor assumes the purchaser's rights and obligations under the agreement.
S. 173(5) repealed by No. 86/1989 s. 4(2)(j).
* * * * *
174 Form and contents of agreement
(1) An agreement must be under seal and must bind the owner to the covenants specified in the agreement.
(2) An agreement may provide for any one or more of the following matters—
(a) the prohibition, restriction or regulation of the use or development of the land;
(b) the conditions subject to which the land may be used or developed for specified purposes;
(c) any matter intended to achieve or advance—
(i) the objectives of planning in Victoria; or
(ii) the objectives of the planning scheme or any amendment to the planning scheme of which notice has been given under section 19;
(d) any matter incidental to any one or more of the above matters.
175 Bonds and guarantees
S. 175(1) amended by Nos 86/1989 s. 4(2)(k), 3/2013 s. 47(1).
(1) An agreement may include a condition that the owner is to deposit with the responsible authority—
(a) a sum of money fixed by or determined in accordance with the agreement; or
S. 175(1)(b) amended by No. 86/1989 s. 22.
(b) an undertaking to pay that sum together with security in a form determined by or in accordance with the agreement.
(2) The agreement may provide that the sum or part of the sum is forfeited if there is any failure by the owner to carry out the agreement to the satisfaction of the responsible authority.
(3) Any money paid must be returned to the owner on a date or dates specified in the agreement to the extent that it has not been forfeited.
(4) Any money payable under this section is a charge on the land which is the subject of the agreement.
S. 175(5) inserted by No. 3/2013 s. 47(2).
(5) An agreement must not include a condition requiring a Minister to provide a bond or guarantee to the responsible authority.
176 When does an agreement begin?
An agreement may provide that the agreement or any specified provision of the agreement comes into effect on or after—
(a) the coming into operation of a specified amendment to a planning scheme; or
(b) the granting of a permit permitting the use or development of the land or part of the land for a specified purpose; or
(c) the happening of a specified event; or
(d) a specified time; or
(e) the start or completion of a use or development or a specified part of a use or development.
Pt 9 Div. 2 Subdiv. 2 (Heading) inserted by No. 3/2013 s. 46(2).
Subdivision 2—Ending and amendment of agreements
177 When does an agreement end?
S. 177(1) amended by No. 35/1995 s. 9(1)(a).
(1) An agreement may provide that the agreement ends wholly or in part or as to any part of the land on or after—
(a) the happening of any specified event; or
(b) a specified time; or
(c) the cessation of the use or the development of the land or any part of the land for a specified purpose.
S. 177(2) amended by No. 35/1995 s. 9(1)(b), substituted by No. 3/2013 s. 48.
(2) An agreement may be ended wholly or in part or as to any part of the land—
(a) by agreement between the responsible authority and all persons who are bound by any covenant in the agreement; or
(b) otherwise in accordance with this Division.
S. 178 substituted by No. 3/2013 s. 49.
178 Amendment of agreements
An agreement may be amended—
(a) by agreement between the responsible authority and all persons who are bound by any covenant in the agreement; or
(b) otherwise in accordance with this Division.
Note
Section 180 provides that an agreement must not require or allow anything to be done which would breach a planning scheme or permit.
S. 178A inserted by No. 3/2013 s. 49.
178A Proposal to amend or end agreement
(1) An owner of land, or a person who has entered into an agreement under section 173 in anticipation of becoming the owner of the land, may apply to the responsible authority for agreement to a proposal—
(a) to amend an agreement in respect of that land; or
(b) to end an agreement in respect of that land, wholly or in part or as to any part of that land.
(2) An application under subsection (1) must—
(a) be made in accordance with the regulations; and
(b) be accompanied by the information required by the regulations; and
(c) be accompanied by the prescribed fee.
(3) The responsible authority must notify the owner as to whether it agrees in principle to the proposal under subsection (1).
(4) If an application under subsection (1) was made by a person who has entered into an agreement under section 173 in anticipation of becoming the owner of the land, the responsible authority must notify the owner and that person as to whether it agrees in principle to the proposal.
(5) The responsible authority may, on its own initiative, propose to amend or end an agreement.
S. 178B inserted by No. 3/2013 s. 49.
178B Matters to be considered in considering proposal to amend or end agreement
(1) In considering a proposal under section 178A to amend an agreement, the responsible authority must consider—
(a) the purpose of the agreement; and
(b) the purpose of the amendment; and
(c) whether any change in circumstances necessitates the amendment; and
(d) whether the amendment would disadvantage any person, whether or not a party to the agreement; and
(e) the reasons why the responsible authority entered into the agreement; and
(f) if the amendment is to remove land from the application of the agreement, whether the land is subject to any further liability under the agreement; and
(g) any relevant permit or other requirements the land is subject to under the Subdivision Act 1988; and
(h) any other prescribed matter.
(2) In considering a proposal under section 178A to end an agreement, the responsible authority must consider—
(a) the purpose of the agreement; and
(b) whether and why the agreement is no longer required; and
(c) whether the ending of the agreement would disadvantage any person, whether or not a party to the agreement; and
(d) the reasons why the responsible authority entered into the agreement; and
(e) any relevant permit or other requirements the land is subject to under the Subdivision Act 1988; and
(f) any other prescribed matter.
S. 178C inserted by No. 3/2013 s. 49.
178C Notice of proposal
(1) This section applies if—
(a) an application is made under section 178A and the responsible authority agrees with the proposal in principle; or
(b) the responsible authority proposes to amend or end an agreement.
(2) The responsible authority must give notice of the proposal to—
(a) all parties to the agreement; and
(b) any other persons, if the responsible authority considers that the decision to amend or end the agreement may cause material detriment to them.
(3) Subsection (2)(a) is subject to any provision of the agreement that specifies the parties to the agreement to be notified of a proposal to amend or end an agreement.
(4) The responsible authority may also give notice of the proposal—
(a) in all or any of the following ways—
(i) by placing a sign on the land concerned;
(ii) by publishing a notice in newspapers generally circulating in the area in which the land is situated;
(iii) by giving the notice personally or sending it by post; or
(b) in any other way that the responsible authority considers appropriate.
(5) A notice under this section is to include the prescribed information.
S. 178D inserted by No. 3/2013 s. 49.
178D Objections and submissions to responsible authority
Any person who was given or ought to have been given notice under section
178C of a proposal to amend or end an agreement may object to, or make any other
submission in relation to, the proposal.
S. 178E inserted by No. 3/2013 s. 49.
178E Decision to amend or end agreement
(1) If the responsible authority is required under section 178C to give notice of a proposal to amend or end an agreement, the responsible authority must not make a decision on the proposal until at least 14 days after the giving of the last notice under section 178C.
(2) If no objections are made under section 178D, the responsible authority may, after considering the matters in section 178B—
(a) amend or end the agreement in accordance with the proposal; or
(b) amend or end the agreement in a manner that is not substantively different from the proposal; or
(c) refuse to amend or end the agreement.
(3) The responsible authority, after considering any objections or other submissions and the matters in section 178B, may—
(a) decide to amend or end the agreement in accordance with the proposal; or
(b) decide to amend or end the agreement in a manner that is not substantively different from the proposal; or
(c) propose to amend or end the agreement in a manner that is substantively different from the proposal; or
(d) refuse to amend or end the agreement.
(4) Sections 178C, 178D and this section apply to a proposal under subsection (3)(c) as if it were a new proposal.
S. 178F inserted by No. 3/2013 s. 49.
178F Notice of decision to amend or end agreement
(1) If the responsible authority decides under section 178E(3)(a) or (b) to amend or end an agreement, it must give notice of its decision to—
(a) any person who applied to amend or end the agreement under section 178A; and
(b) each person who made an objection or a submission.
(2) If the responsible authority decides under section 178E(2)(c) or (3)(d) to refuse to amend or end an agreement, it must give notice of its decision to—
(a) any person who applied to amend or end the agreement under section 178A; and
(b) each person who made an objection or a submission.
(3) A notice under subsection (2) must set out the grounds on which the responsible authority refused to amend or end the agreement.
(4) The responsible authority must not proceed to amend or end an agreement under section 178E—
(a) subject to paragraph (b), until at least 21 days after the giving of notice under subsection (1); or
(b) if an application for review is made in respect of the decision within that period, until the application is determined by the Tribunal or withdrawn.
S. 178G inserted by No. 3/2013 s. 49.
178G Copy of amended agreement to be given to parties
(1) This section applies if the responsible authority amends an agreement in accordance with this Subdivision or section 184F or 184G.
(2) The responsible authority must, without delay—
(a) sign the amended agreement; and
(b) give a copy of the signed amended agreement to each other party to the agreement.
(3) It is not necessary for the amended agreement to be signed or otherwise agreed to by any other party to the agreement.
(4) A party to an agreement is bound by the agreement as amended and signed by the responsible authority even though the party did not sign the amended agreement.
S. 178H inserted by No. 3/2013 s. 49.
178H Responsible authority may require payment of costs
A responsible authority may require a person who applies to amend or end an agreement under this Subdivision to pay the costs of—
(a) giving the required notices under section 178C; and
(b) preparing the amended agreement.
S. 178I inserted by No. 3/2013 s. 49.
178I When does the amendment or ending of an agreement take effect?
(1) Subject to this section, an amendment or the ending of an agreement under this Subdivision or under section 184F or 184G comes into effect on the day on which the Registrar of Titles—
(a) cancels in whole or part the recording of the agreement in the Register under section 183(2); or
(b) makes a recording in the Register of the matters notified under section 183(1).
(2) An amendment to an agreement relating to Crown land under this Subdivision or under section 184F or 184G comes into effect on the day on which it is signed under section 178G.
(3) If an agreement relating to Crown land ends under this Subdivision or under section 184F or 184G, the responsible authority must notify, in writing, each party to the agreement of the ending of the agreement.
(4) The ending of an agreement relating to Crown land comes into effect on the day the responsible authority notifies the last party to the agreement of the ending of that agreement under subsection (3).
(5) A reference to the ending of an agreement in this section is a reference to the ending of the agreement wholly or in part or as to any part of the land.
Pt 9 Div. 2 Subdiv. 3 (Heading) inserted by No. 3/2013 s. 46(3).
Subdivision 3—General
S. 179 (Heading) inserted by No. 3/2013 s. 50(1).
179 Responsible authority to keep copy of agreement
S. 179(1) repealed by No. 3/2013 s. 50(2).
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(2) The responsible authority must keep a copy of each agreement indicating any amendment made to it available at its office for any person to inspect during office hours free of charge.
180 Agreement may not breach planning scheme
An agreement must not require or allow anything to be done which would breach a planning scheme or a permit.
S. 181 (Heading) inserted by No. 3/2013 s. 51(1).
181 Recording of agreement
S. 181(1) amended by Nos 85/1998 s. 24(Sch. item 45.4), 3/2013 s. 51(2).
(1) A responsible authority must apply to the Registrar of Titles, without delay, to record an agreement relating to land other than Crown land.
S. 181(1A) inserted by No. 3/2013 s. 51(3).
(1A) Despite subsection (1), where the responsible authority has entered into an agreement under section 173 with a person in anticipation of that person becoming the owner of the land—
(a) if that person is not the owner of the land—the responsible authority may, with the consent of the owner of the land, apply to the Registrar of Titles to record the agreement; or
(b) if that person becomes the owner of the land—the responsible authority must apply to the Registrar of Titles, without delay, to record the agreement.
(2) An application must include a copy of the agreement to which it relates and the prescribed particulars.
S. 181(3) amended by Nos 18/1989 s. 13(Sch. 2 item 63(e)), 85/1998 s. 24(Sch. item 45.5).
(3) The Registrar of Titles must make a recording of the agreement in the Register.
S. 181(4) amended by No. 86/1989 s. 4(2)(l), substituted by No. 85/1998 s. 24(Sch. item 45.6).
(4) The amendment of this Act by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant in an agreement registered under the Property Law Act 1958 before the commencement of that section 24 and existing immediately before that commencement.
S. 181(5) repealed by No. 85/1998 s. 24(Sch. item 45.6).
* * * * *
S. 182 (Heading) inserted by No. 3/2013 s. 51(4).
S. 182 amended by Nos 18/1989 s. 13(Sch. 2 item 63(f)), 85/1998 s. 24(Sch. item 45.7).
182 Effect of recording
After the making of a recording in the Register—
(a) the burden of any covenant in the agreement runs with the land affected; and
(b) the responsible authority may enforce the covenant against any person deriving title from any person who entered into the covenant as if it were a restrictive covenant despite the fact that it may be positive in nature or that it is not for the benefit of any land of the responsible authority.
S. 182A inserted by No. 3/2013 s. 52.
182A New parties to an agreement
(1) If the land or any part of the land which is subject to an agreement between the owner and the responsible authority is transferred or otherwise disposed of to another person, that other person becomes a party to that agreement.
(2) Subsection (1) is subject to any provision to the contrary in the agreement.
(3) An agreement may specify the extent to which any party to an agreement is to be treated as a party for the purposes of a proposed amendment of the agreement.
S. 183 (Heading) inserted by No. 3/2013 s. 51(5).
183 Cancellation or alteration of recording
S. 183(1) amended by No. 35/1995 s. 9(1)(c).
(1) The responsible authority must tell the Registrar of Titles in the prescribed manner without delay of the ending of any agreement wholly or in part or as to any part of the land or any amendment to an agreement.
S. 183(2) amended by No. 48/1991 s. 63(2), substituted by No. 35/1995 s. 9(2), amended by No. 85/1998 s. 24(Sch. item 45.8).
(2) The Registrar of Titles must, as appropriate, cancel in whole or in part or alter the recording of the agreement in the Register or make a recording in the Register of the matters notified under subsection (1).
S. 183(3) amended by No. 86/1989 s. 4(2)(l), substituted by No. 85/1998 s. 24(Sch. item 45.9).
(3) This section does not apply to an agreement in respect of Crown land.
S. 183(4) repealed by No. 85/1998 s. 24(Sch. item 45.9).
* * * * *
184 Application to Tribunal
S. 184(1) amended by No. 52/1998 s. 191(1).
(1) An owner of land may apply to the Tribunal for an amendment to a proposed agreement if—
(a) under a planning scheme or a permit the use or development of land for specified purposes is conditional upon an agreement being entered into under this Division; and
(b) the owner objects to any provision of the agreement.
(2) The Tribunal may approve the proposed agreement with or without amendments.
S. 184(3) inserted by No. 48/1991 s. 63(3), amended by No. 52/1998 s. 191(1), repealed by No. 3/2013 s. 53.
* * * * *
S. 184(4) inserted by No. 48/1991 s. 63(3), repealed by No. 3/2013 s. 53.
* * * * *
S. 184A inserted by No. 3/2013 s. 54.
184A Application to Tribunal by applicant in relation to decisions under Subdivision 2
(1) A person who applied to amend or end an agreement under Subdivision 2 may apply to the Tribunal for review of a decision by the responsible authority under section 178E—
(a) to amend the agreement in a manner that is different from the proposal; or
(b) to end the agreement in a manner that is different from the proposal; or
(c) to refuse—
(i) to amend the agreement; or
(ii) to end the agreement, wholly or in part or as to any part of the land subject to the agreement.
(2) If the responsible authority—
(a) fails to give notice of a proposal under section 178C for the amendment of an agreement or the ending of an agreement within the prescribed time after the responsible authority gives notice that it agrees in principle under section 178A(3) or (4); or
(b) fails to decide on an application under section 178E within the
prescribed time after the responsible authority gives notice that it
agrees
in principle under section 178A(3) or (4)—
the applicant may apply to the Tribunal for review of the failure to make a decision on the matter.
S. 184B inserted by No. 3/2013 s. 54.
184B Application to Tribunal by party to agreement
A party to an agreement (other than a person referred to in section 184A) may apply to the Tribunal for review of a decision by a responsible authority under section 178E to amend or end the agreement.
S. 184C inserted by No. 3/2013 s. 54.
184C Application to Tribunal by objector
An objector may apply to the Tribunal for review of a decision by a responsible authority under section 178E to amend or end an agreement.
S. 184D inserted by No. 3/2013 s. 54.
184D Application to Tribunal by affected person
Any person who was entitled to object to a proposal to amend or end an agreement but did not object because the person was not given notice under section 178C, may apply to the Tribunal for review of a decision by the responsible authority under section 178E to amend or end the agreement.
S. 184E inserted by No. 3/2013 s. 54.
184E Objectors entitled to notice
An objector to the proposal to amend or end an agreement is entitled to notice of an application by the applicant for review of—
(a) a decision under Subdivision 2 to amend or end an agreement; or
(b) a decision under Subdivision 2 to refuse to amend or end an agreement; or
(c) a failure of a responsible authority under Subdivision 2 to amend or end an agreement.
S. 184F inserted by No. 3/2013 s. 54.
184F Application to amend or end agreement may be determined after application for review lodged
(1) A responsible authority may decide to amend or end an agreement at any time after an application is made for review of the failure of the responsible authority to make a decision.
(2) Except in accordance with the advice of the principal registrar under subsection (5), the responsible authority must not amend or end the agreement, or give notice of the decision to the applicant or any objector after an application is made to the Tribunal for review of a failure to amend or end an agreement.
(3) The responsible authority must inform the principal registrar if the responsible authority decides to amend or end an agreement after an application is made for the review of its failure to end or amend the agreement.
(4) The principal registrar must refer the decision of the responsible authority to a presidential member of the Tribunal for consideration.
(5) If the presidential member of the Tribunal so directs, the principal registrar must advise the responsible authority that the agreement may be amended or ended in accordance with the responsible authority's decision.
S. 184G inserted by No. 3/2013 s. 54.
184G Determination of application
(1) The Tribunal may decide the matter by—
(a) directing the responsible authority to amend or end the agreement in accordance with the direction; or
(b) determine that the agreement should not be amended or ended.
(2) If the Tribunal directs the responsible authority to amend or end an agreement, the responsible authority must comply with that direction without delay.
(3) If the application is for the failure of the responsible authority to make a decision, the Tribunal may direct the responsible authority to give notice in accordance with section 178C or to give notice in the manner the Tribunal directs.
(4) Section 84B(2) does not apply to the determination of a matter under subsection (1).
*Note: Pt 9 Div. 2: Section 31(3) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:
31 Transitional provisions: Crown land owners and occupiers
(3) Division 2 of Part 9 of the Principal Act continues to apply to an agreement entered into between a responsible authority and the occupier of Crown land before the date of commencement of this section, as if section 4 of this Act had not been enacted.
[3] S. 25(7): Section 25(7) provides that certain provisions of the Water Act 1989, No. 80/1989 apply to charges imposed by Development Victoria. At the date of this publication, sections 262, 263, 266 and Division 7 of Part 13 read as follows:
S. 262 amended by No. 85/2006 s. 111(2) (ILA s. 39B(1)).
262 Valuations
(1) An Authority that sets a tariff may—
S. 262(1)(a) amended by No. 67/2017 s. 79(1).
(a) use the most recent general valuation; or
S. 262(b) amended by Nos 91/1994 s. 36(12), 85/2006 s. 111(1)(a).
(b) cause its own valuation to be made by a valuer; or
S. 262(c) inserted by No. 85/2006 s. 111(1)(b).
(c) in the case of Melbourne Water Corporation, use the relevant valuation for the price determination applying at the time of the setting of the tariff—
for the purposes of fixing the amount of any fee imposed in relation to that property under the tariff.
S. 262(2) inserted by No. 85/2006 s. 111(2).
(2) In this section—
"Essential Services Commission" has the same meaning as Commission has in the Essential Services Commission Act 2001;
S. 262(2) def. of general valuation inserted by No. 67/2017 s. 79(2).
"general valuation" has the same meaning as in the Valuation of Land Act 1960;
"price determination" means a price determination made by the Essential Services Commission under section 4D of the Water Industry Act 1994 and section 33 of the Essential Services Commission Act 2001;
"relevant valuation", in relation to a price determination, means the valuation which forms the basis of the tariffs submitted by Melbourne Water Corporation to the Essential Services Commission and which is approved in the price determination.
263 Supplementary valuations
(1) An Authority may alter the amount of a fee imposed under a tariff in respect of a property if a supplementary valuation of the property is made in accordance with section 13DF of the Valuation of Land Act 1960.
(2) An Authority may request a municipal council to arrange for a supplementary valuation to be made at the Authority's expense.
(3) The Valuation of Land Act 1960 applies, with any necessary modifications, to a supplementary valuation made at the request of an Authority as if it were a supplementary valuation made in accordance with section 13DF of that Act.
(4) If a supplementary valuation is made because of an event that happens during a financial year, a proportion of the amount of the fee imposed under the tariff, as altered, is payable for the part of the financial year after the supplementary valuation, and a proportion of the original amount of the fee imposed under the tariff is payable for the part of the financial year before the supplementary valuation.
266 Application for review
(1) A person who is aggrieved by the setting of a tariff, or the imposing of a fee under a tariff, by an Authority may, within 1 month after receipt of the demand for payment, object in writing to the Authority on any of the following grounds—
(a) where the fee imposed under the tariff is based on valuation of the land, that the land is not rateable;
(b) that the person is not liable for the tariff;
S. 266(1)(c) amended by No. 110/1997 s. 22(2), substituted by No. 85/2006 s. 113.
(c) that the tariff was not set in accordance with an Order under section 4D(1)(a) of the Water Industry Act 1994 or in accordance with the Essential Services Commission Act 2001;
(d) that the Authority did not give the required notice that the property is a serviced property;
(e) that the fee imposed by the Authority is not a correct application of the tariff as set.
(2) An Authority must, within 2 months after receipt of an objection from a person, notify the person of its decision on the objection.
(3) If an Authority has not notified the person of its decision within 2 months after the objection was made, the Authority must be taken to have notified the person of its decision to overrule the objection at the expiry of the 2 month period.
S. 266(4) substituted by No. 52/1998 s. 311(Sch. 1 item 105.44).
(4) A person who has objected may apply to the Tribunal for review of the Authority's decision on the objection on any of the grounds specified in subsection (1).
S. 266(4A) inserted by No. 52/1998 s. 311(Sch. 1 item 105.44).
(4A) An application for review must be made within 28 days after the later of—
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
(5) An objection does not prevent the recovery of any fee or interest due under a tariff.
S. 266(6) amended by Nos 91/1994 s. 31, 52/1998 s. 311(Sch. 1 item 105.45) (as amended by No. 101/1998 s. 22(1)(q)).
(6) A person who objects to—
(a) the calculation or application of a valuation equalisation factor; or
(b) the fixing of different fees imposed under a tariff under section 259(5) that are based on valuation—
may apply to the Tribunal for review in accordance with Part III of the Valuation of Land Act 1960.
S. 266(6A) inserted by No. 52/1998 s. 311(Sch. 1 item 105.46).
(6A) The provisions of Division 4 of Part III of the Valuation of Land Act 1960, with such modifications as are necessary, apply to an application under subsection (6).
S. 266(7) amended by No. 52/1998 s. 311(Sch. 1 item 105.47).
(7) If a tariff is quashed by the Tribunal under this section, the Authority may—
(a) set a new tariff for the particular year, even if the year has ended; and
(b) retain any amount paid to it by a person in respect of that tariff on account of any amount payable by that person in respect of the next effective tariff set.
S. 266(8) inserted by No. 50/2011 s. 10.
(8) A person is not entitled to object under subsection (1) to a tariff or the imposing of a fee under a tariff set by an Authority, if the tariff or the fee is a Basin water charge.
S. 266(9) inserted by No. 50/2011 s. 10.
(9) In this section—
"Basin water charge" means a regulated charge for a service in relation to Basin water resources provided by an Authority;
"Basin water resources" has the same meaning as State water resources has in the Water Charge (Infrastructure) Rules 2010 of the Commonwealth in relation to Victoria;
"regulated charge" has the same meaning as in the Water Charge (Infrastructure) Rules 2010 of the Commonwealth.
Division 7—Payment and recovery of money
S. 273AA inserted by No. 85/2006 s. 116, substituted by No. 23/2019 s. 86.
273AA Application of Division
This Division does not apply—
(a) to Melbourne Water Corporation; or
(b) in relation to salinity impact charges.
S. 273A inserted by No. 25/1993 s. 13, amended by No. 109/1997 s. 533(Sch. 2 items 12.1, 12.2), substituted by No. 17/2012 s. 41.
273A Liability of occupier
(1) The occupier of property is liable for any water usage charge or sewage disposal charge imposed in respect of the property if—
(a) the property is—
(i) within the meaning of the Residential Tenancies Act 1997 let to a tenant under a tenancy agreement; or
(ii) within the meaning of the Residential Tenancies Act 1997, a site in a caravan park occupied by a resident of the caravan park; or
(iii) within the meaning of the Residential Tenancies Act 1997, a Part 4A site occupied by a site tenant; and
(b) the quantity of water supplied to the property is measured by a meter provided or installed by an Authority that only measures that quantity; and
(c) the owner has notified the Authority that the property is so occupied or is such a site and has given the Authority the particulars of the occupier required by the Authority; and
(d) the Authority has recorded the reading on the meter measuring the quantity of water supplied to the property as a result of a notice under paragraph (c).
(2) The Authority must ensure that the reading on the meter measuring the quantity of water supplied to the property is recorded—
(a) within 48 hours after the Authority is given notice under subsection (1)(c); or
(b) as soon as practicable after the Authority is given notice under subsection (1)(c)—
whichever occurs last.
(3) If the cost of water supplied to a property during the time the occupier occupies the property is only partly based on the amount of water supplied to the property, the occupier of the property is liable for that part of the cost that is based on the amount of water supplied to the property.
S. 273B inserted by No. 25/1993 s. 13, amended by Nos 109/1997 s. 533(Sch. 2 items 12.3, 12.4), 46/1998 s. 7(Sch. 1), substituted by No. 17/2012 s. 41.
273B Vacation of property
(1) A vacating occupier may—
(a) notify the Authority of his or her vacation or intended vacation of the property; and
(b) request the Authority to read the meter supplying water to the property.
(2) The Authority must ensure that the reading on the meter measuring the quantity of water supplied to the property is recorded—
(a) on the day the vacating occupier vacates the property; or
(b) as soon as practicable after that day; or
(c) within 48 hours after the Authority is given a notice under subsection (1); or
(d) as soon as practicable after the Authority is given notice under subsection (1)—
whichever occurs last.
(3) The vacating occupier is taken to cease to be the occupier of the property for the purposes of section 273A(1) on the reading of the meter under subsection (2).
(4) If a vacating occupier does not notify the Authority under subsection (1), the vacating occupier is liable for the cost of all water supplied to the property and all sewage disposed from the property until—
(a) the Authority next records the reading on the meter; or
(b) the end of the billing period in which the vacation occurred—
whichever happens first.
(5) The owner of a property is liable for any water usage charge or sewage disposal charge imposed in respect of the property for the period beginning when the vacating occupier ceases to be liable under this section and ending when a new notice is given under section 273A(1)(c).
(6) In this section—
"property owner" includes an owner of a property who has disposed of that property if the Authority has not been notified of that disposition in accordance with section 159;
"vacating occupier" means a person whose particulars have been given to an Authority under section 273A(1)(c) who vacates or intends to vacate the property in respect of which the particulars have been given.
274 Payment to Authorities
S. 274(1) amended by Nos 25/1993 s. 14(b)(i)(A) (B), 69/1993 s. 8(a), 23/2019 s. 87(1).
(1) A fee imposed under a tariff is due and must be paid by the date specified in the notice requiring payment, being a date—
(a) after the date on which notice of the resolution that sets the tariff was published under section 260(2); and
S. 274(1)(b) substituted by No. 85/2006 s. 117.
(b) in the case of—
(i) fees that are payable on an annual basis, at least 28 days after the date of issue of the notice; or
(ii) in the case of fees that are payable on a basis that is less than an annual basis, at least 14 days after the date of issue of the notice—
unless payment may be made by instalments and the person liable to pay the amount chooses to pay by instalments in accordance with subsections (2) and (3).
S. 274 (1A)−(1D) inserted by No. 69/1993 s. 8(b), repealed by No. 23/2019 s. 87(2).
* * * * *
S. 274(2) amended by No. 121/1994 s. 195(1).
(2) A person who is liable to pay to an Authority—
S. 274(2)(a) substituted by No. 23/2019 s. 87(3).
(a) a fee imposed on an annual basis under a tariff; or
S. 274(2)(b) amended by No. 69/1993 s. 8(c), repealed by No. 23/2019 s. 87(3).
* * * * *
(c) with the consent of the Authority, any other fee or amount—
may, by notice in writing to the Authority within 14 days after receipt of the notice setting the due date for payment, choose to pay by instalments, and must make each payment, and any payment of interest due in respect of it, by the date specified by the Authority.
(3) The date specified for the payment of the first instalment must be at least 14 days after the date of issue of the notice to the person that payment is required.
S. 274(3A) inserted by No. 121/1994 s. 195(2), amended by No. 23/2019 s. 87(4).
(3A) A person who is liable to pay to an Authority an amount under Division 6 which under subsection (1) the person has chosen to pay by instalments, is liable to pay interest in accordance with section 281 on any part of that amount that is unpaid from the due date for payment despite the arrangement for payment of that amount by instalments.
S. 274(4) amended by Nos 25/1993 s. 14(b)(ii), 99/2005 s. 64.
(4) Any amount due to an Authority in relation to a property (including interest and including any amount in respect of a licence under Part 4, 4B or 5) is a debt due to the Authority by the person liable to pay the amount.
S. 274(4A) inserted by No. 25/1993 s. 14(b)(iii), substituted by No. 17/2012 s. 42.
(4A) If—
(a) the person liable to pay an amount to an Authority in relation to a property owns that property; and
(b) a code made by the Essential Services Commission under the Water Industry Act 1994 does not otherwise provide—
the amount owed is a charge on the property, whether or not the Authority has agreed to defer the payment of the whole or any part of that amount.
S. 274(5) amended by No. 25/1993 s. 14(b)(iv).
(5) In subsections (4) and (4A), "Authority" includes the Minister.
S. 274(6) inserted by No. 78/1991 s. 21.
(6) At the written request of the person liable to make a payment to an Authority, the Authority may send the notice requiring the payment to a person specified in the request.
S. 274A inserted by No. 17/2012 s. 43.
274A Application of payments made to metropolitan water corporations
(1) Any money paid to a metropolitan water corporation by or on behalf of a person or body must be applied by the metropolitan water corporation as follows—
(a) first towards any amount owing to the corporation by the person or body in respect of any water usage charge or any other fee or charge imposed by that corporation;
(b) secondly, towards any amount owing to the rating authority by that person or body that is being collected by the corporation on behalf of the rating authority;
(c) thirdly, towards any amount owing to the Melbourne Water Corporation by that person or body that is being collected by the corporation on behalf of the Melbourne Water Corporation.
(2) Any dispute arising between a metropolitan water corporation and the rating authority or Melbourne Water Corporation over the application of any money under subsection (1) may be referred to the Treasurer by any party to the dispute and the decision of the Treasurer on the matter is binding on the parties.
(3) In this section "rating authority" means the Minister administering Part 4 of the Water Industry Act 1994.
275 Person who acquires property is liable
S. 275(1) amended by No. 25/1993 s. 14(c).
(1) A person who becomes the owner of a property must pay to the Authority at the time the person becomes the owner of the property any amount that is, under section 274(4A), a charge on that property.
(2) In subsection (1), "Authority" includes the Minister.
S. 276 amended by No. 25/1993 s. 14(d), repealed by No. 17/2012 s. 44(1).
* * * * *
277 Recovery as between owner and occupier
(1) If an Authority recovers any contribution or fee, or any amount in respect of a licence under Part 4 or 5, from an owner, and the owner had an agreement with the occupier that the occupier would pay the fee, contribution or amount, the owner may recover from the occupier, as a debt due to the owner, the amount paid to the Authority by the owner.
(2) For the purposes of subsection (1)—
(a) the owner has the burden of proving that the occupier had agreed to pay the fee, contribution or amount; and
(b) "Authority" includes the Minister.
S. 278 amended by Nos 25/1993 s. 14(e), 91/1994 s. 36(12), 62/1995 s. 38, repealed by No. 17/2012 s. 44(2).
* * * * *
S. 279 repealed by No. 17/2012 s. 44(3).
* * * * *
S. 280 amended by No. 85/1998 s. 24(Sch item 66.16), repealed by No. 17/2012 s. 44(4).
* * * * *
281 Interest on unpaid money*
S. 281(1) amended by No. 78/1991 s. 22(1).
(1) Any money due to an Authority under this Act, including an agreement which does not provide otherwise, bears interest at the rate set from time to time for the purposes of this section by the Authority from the date that the money becomes due to the date that it is paid.
S. 281(1A) inserted by No. 78/1991 s. 22(2), amended by Nos 17/2012 s. 45(1), 24/2013 s. 36(1).
(1A) The rate set by the Authority must not be more than the rate fixed from time to time for the purposes of subsection (1) by the Essential Services Commission under a Code under section 4F of the Water Industry Act 1994.
S. 281(1B) inserted by No. 78/1991 s. 22(2), amended by No. 17/2012 s. 45(2), repealed by No. 24/2013 s. 36(2).
* * * * *
S. 281(1C) inserted by No. 78/1991 s. 22(2).
(1C) If the Authority sets a new rate, the new rate takes effect on the date set by the Authority, and applies from that date to all money (other than interest) owing to the Authority on that date.
(2) No interest is payable—
S. 281(2)(a) substituted by No. 69/1993 s. 9(a).
(a) in respect of a fee imposed under a tariff if the amount due is paid within the period after it becomes due fixed by the Authority by resolution; or
S. 281(2)(b) amended by No. 121/1994 s. 195(3).
(b) except in the case of an amount under Division 6, if the person liable to pay the amount has arranged with the Authority for payment by instalments of the amount due, and any instalments that have become due have been paid.
S. 281(2A) inserted by No. 69/1993 s. 9(b).
(2A) A resolution under subsection (2)(a) has no effect until the day on which notice of the making of the resolution is published in a newspaper circulating generally in the area concerned.
(3) An Authority may exempt any person from paying the whole or part of any interest either generally or specifically.
(4) In this section, "Authority" includes the Minister.
*Note: S. 281: The Crown is bound by this section (see s. 5(h)).