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DEVELOPMENT VICTORIA ACT 2003
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
3A. Transport Integration Act 2010
4. Does Development Victoria represent the Crown?
PART 2--DEVELOPMENT VICTORIA
Division 1--Establishment
5. Establishment
Division 2--Functions and powers
7. Functions
8. Powers of Development Victoria
9. Development Victoria subject to the direction and control of the Minister
10. Non-commercial functions
11. Delegation
12. Development Victoria may enter into joint ventures etc.
13. Reciprocal arrangements with public sector agencies
14. Grant of land to Development Victoria
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
19A. Eligibility criteria for 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. Development Victoria or Minister may bring proceedings
32. Development Victoria 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. Development Victoria represents the Crown in relation to project
37. Development Victoria 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 Development Victoria
40A. Portion of net proceeds of sale of granted land payable into General Fund
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. Development Victoria may surrender land to the Crown
48. Disposing of land
49. Agreements that run with the land
Division 5A--Charges
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
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
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
51V. Statement of general charge (other than general development charge)
51W. Statement of general development charge
51X. Statement of infrastructure recovery charge
51Y. Development Victoria may enter agreements for payment of charges under this Division
51Z. Waiver of charges
51ZA. Development Victoria must give notice of charge to council or building surveyor
51ZB. Removal of liability for other charges
51ZC. Development Victoria 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 Development Victoria
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 Development Victoria after dispute resolution conference
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 3A--TRANSFER OF DESIGNATED PROJECTS TO DEVELOPMENT VICTORIA
56A. Definitions
56B. Ministers may designate project
56C. Ministers may fix relevant date
56D. Development Victoria and nominated agency to prepare allocation statement or statements
56E. Certificate of nominated agency
56F. Property and powers transferred to Development Victoria
56G. Allocation of property etc. subject to encumbrances
56H. Substitution of party to agreement
56I. Nominated agency instruments
56J. Proceedings
56K. Interests in land
56L. Action by Registrar of Titles
56M. Taxes
56N. Evidence
56O. Designated projects that are nominated projects under the Project Development and Construction Management Act 1994
56P. Validity of things done under this Part
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 Development Victoria
65. Capital
66. Dividends
67. Exceptions from sections 88 and 88B of State Owned Enterprises Act 1992
PART 6--REPORTS BY DEVELOPMENT VICTORIA
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 Development Victoria?
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--SAVINGS AND TRANSITIONAL PROVISIONS
80. Definitions
81. Transitional—Victorian Urban Development Authority
82. Action by Registrar of Titles
83. Transitional—staff of the old Authority
84. Transitional—superseded references
85. Savings provision—corporate plan
PART 9--URBAN RENEWAL AUTHORITY VICTORIA AMENDMENT (DEVELOPMENT VICTORIA) ACT 2017--SAVINGS AND TRANSITIONAL PROVISIONS--ESTABLISHMENT OF DEVELOPMENT VICTORIA
86. Definitions
87. Transitional provision—Urban Renewal Authority Victoria
88. Action by Registrar of Titles
89. Transitional provision—staff of the old Authority
90. Transitional provision—superseded references
91. Savings provision—corporate plan
PART 10--TRANSITIONAL PROVISIONS--TRANSFER OF NOMINATED PROJECTS TO DEVELOPMENT VICTORIA
93. Definitions
94. Transfer of nominated projects to Development Victoria
95. Vesting of property etc. subject to encumbrances
96. Substitution of party to agreement
97. Former agency instruments
98. Proceedings
99. Interests in land
100. Action by Registrar of Titles
101. Taxes
102. Evidence
103. Validity of things done under this Part
SCHEDULE 1
ENDNOTES
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