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PLANNING AND ENVIRONMENT ACT 1987 - SECT 201R

Definitions

In this Part—

"associated person" has the same meaning as in section 3(1) of the Duties Act 2000 ;

S. 201R def. of building permit repealed by No. 7/2018 s. 14.

    *     *     *     *     *

S. 201R def. of building work repealed by No. 7/2018 s. 14.

    *     *     *     *     *

S. 201R def. of Central Plan Office amended by No. 70/2013 s. 4(Sch. 2 item 36.4(a)), repealed by No. 53/2017 s. 88(3).

    *     *     *     *     *

certificate of deferral has the meaning set out in section 201SZ;

certificate of exemption has the meaning set out in section 201SZC;

certificate of no GAIC liability has the meaning set out in section 201SZD;

certificate of partial release has the meaning set out in section 201SZB;

certificate of release has the meaning set out in section 201SY;

certificate of staged payment approval has the meaning set out in section 201SZA;

"commencement day" means the day on which section 9 of the Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010 comes into operation;

S. 201R def. of Commis-sioner repealed by No. 40/2014 s. 36.

    *     *     *     *     *

S. 201R def. of construction inserted by No. 2/2012 s. 3.

construction has the meaning that it has in the Building Act 1993 ;

S. 201R def. of consumer price index substituted by No. 44/2014 s. 33(Sch. item 18(1)), repealed by No. 40/2014 s. 36.

    *     *     *     *     *

"contract for the sale of land" includes an agreement granting an option to purchase or sell land, which creates a contingent or executory equitable estate or interest in the land;

contribution area has the meaning set out in section 201RC;

S. 201R def. of Director of Public Transport substituted by No. 6/2010 s. 203(1)
(Sch. 6 item 35.1) (as amended by No. 45/2010 s. 22), repealed by No. 61/2011 s. 25(Sch. 1 item 7.1).

    *     *     *     *     *

"dutiable transaction relating to land" means—

        (a)     a dutiable transaction within the meaning of section 7(2) of the Duties Act 2000 relating to dutiable property referred to in sections 10(1)(a) and 10(1)(ab) of that Act; or

        (b)     a sub-sale of dutiable property referred   to in section 10(1)(a) of the Duties Act 2000 ; or

        (c)     a significant acquisition;

excluded building work has the meaning set out in section 201RG;

excluded event has the meaning set out in section 201RB;

excluded subdivision of land has the meaning set out in section 201RF;

"first announcement day" means 2 December 2008;

Note

2 December 2008 was the day on which the Minister gave public notice of the proposal to implement a scheme for the imposition of contributions towards the provision of State infrastructure in respect of certain growth area land.

"GAIC "means growth areas infrastructure contribution;

"GAIC event" means an event described under section 201RA;

"GAIC certificate "means a certificate issued under section 201SZF;

"GAIC recording" in relation to land in the contribution area, means a recording made by the Registrar of Titles under section 201UD of a notification on a folio of the Register relating to the land indicating that a growth areas infrastructure contribution may be payable in respect of that land;

S. 201R def. of growth area inserted by No. 21/2013 s. 7,
repealed by No. 11/2017 s. 67(a).

    *     *     *     *     *

"growth areas infrastructure contribution" means a contribution imposed under section 201S;

"investigation area" means an area of land described in Part 2 of Schedule 1;

S. 201R def. of land rich landholder substituted as landholder by No. 38/2012 s. 16(a).

"landholder "has the same meaning as in section 71 of the Duties Act 2000 ;

"lot "has the same meaning as in section 3(1) of the Subdivision Act 1988 ;

S. 201R def. of plan of subdivision inserted by No. 31/2011 s. 4(2).

"plan of subdivision" has the same meaning as in section 3(1) of the Subdivision Act 1988 ;

S. 201R def. of precinct structure plan repealed by No. 35/2015 s. 15.

    *     *     *     *     *

"precinct structure plan area" means an area or areas of land to which a precinct structure plan applies;

S. 201R def. of private landholder inserted by No. 38/2012 s. 16(b).

"private landholder "has the same meaning as in section 71(3) of the Duties Act 2000 ;

S. 201R def. of public landholder inserted by No. 38/2012 s. 16(b).

"public landholder "has the same meaning as in section 71(4) of the Duties Act 2000 ;

S. 201R def. of public purpose land inserted by No. 66/2016 s. 8.

"public purpose land" means land specified in a plan of subdivision of land as a lot, parcel or other area of land for any of the following purposes—

        (a)     a utility installation;

        (b)     transport infrastructure;

        (c)     any other public purpose other than a purpose referred to in section 201RF;

relevant building surveyor has the same meaning as in section 3(1) of the Building Act 1993 ;

"relevant day" means—

        (a)     in the case of type A land or type B‑1 land, the first announcement day;

        (b)     in the case of type B-2 land, the second announcement day;

        (c)     in the case of type C land, the day on which the land became type C land;

S. 201R def. of school inserted by No. 2/2012 s. 3.

"school" has the same meaning as in section 1.1.3 of   the Education and Training Reform Act 2006 ;

"second announcement day" means 19 May 2009;

Note

19 May 2009 was the day on which the Minister gave public notice of the proposal for the scheme announced on the first announcement day to apply in respect of certain additional growth area land.

S. 201R def. of Secretary
to the Department
of Transport inserted by No. 6/2010 s. 203(1)
(Sch. 6 item 35.2) (as amended by No. 45/2010 s. 22), repealed by No. 70/2013 s. 4(Sch. 2 item 36.4(b)).

    *     *     *     *     *

S. 201R def. of Secretary
to the Department of Transport, Planning
and Local Infrastructure inserted by No. 70/2013 s. 4(Sch. 2 item 36.4(c)), substituted as Secretary to the Department of Economic Development, Jobs, Transport and Resources by No. 11/2017 s. 67(b).

Secretary to the Department of Economic Development, Jobs, Transport and Resources means the Secretary within the meaning of the Transport Integration Act 2010 ;

"settlement" in relation to a contract for the sale of land, means the time at which the purchaser becomes entitled to possession or to the receipt of rents and profits;

significant acquisition has the meaning set out in section 201RE;

"single dwelling "has the same meaning as in section 188A(4) of the Building Act 1993 ;

S. 201R def. of statement of compliance repealed by No. 7/2018 s. 14.

    *     *     *     *     *

sub-sale of dutiable property has the meaning set out in section 201RD;

type A land is the land described in section 201RC(2);

type B-1 land is the land described in section 201RC(3);

type B-2 land is the land described in section 201RC(4);

type C land is the land described in section 201RC(5);

"urban development area "means land that is within a growth area and that is zoned under a planning scheme—

        (a)     for residential, industrial or business purposes; or    

        (b)     as a Comprehensive Development Zone, a Priority Development Zone or an Urban Growth Zone;

S. 201R def. of utility installation amended by No. 31/2011 s. 4(1).

"utility installation" means an installation for the purposes of any of the following—

        (a)     the provision of telecommunication services;

        (b)     the transmission or distribution of gas, oil or power;

        (c)     the collection, treatment, transmission, storage or distribution of water;

        (d)     the collection, treatment or disposal of storm or flood water, sewage or sullage;

S. 201R def. of work-in-kind agreement inserted by No. 31/2011 s. 4(2).

"work-in-kind agreement" means an agreement entered into in accordance with Subdivision 2A of Division 2 and includes that agreement as amended in accordance with that Subdivision.

Subdivision 2—Other important terms

S. 201RAA inserted by No. 11/2017 s. 68.



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