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PLANNING AND ENVIRONMENT ACT 1987 - SECT 201SMA

Indexation and interest applying to deferred GAIC

    (1)     A growth areas infrastructure contribution that is deferred in whole or in part under section 201SM

        (a)     is to be indexed in accordance with section 201SN for the period specified in this section (if any) from the time that the liability to pay the contribution arose before the first deferral of payment of the contribution under section 201SM(1); and

        (b)     is subject to the payment of interest calculated at the rate set out in section 201SO for the period specified in this section (if any).

    (2)     In the case of type A land, if the dutiable transaction relating to that land occurs before the commencement day, the deferred contribution is to be indexed until the earlier of the following—

S. 201SMA (2)(a) amended by No. 31/2011 s. 12(1).

        (a)     the contribution is paid in accordance with section 201SP or 201SMAA(6);

        (b)     approval is given for staged payment of the contribution under Subdivision 4.

    (3)     In the case of type A land, if the dutiable transaction relating to that land occurs on or after the commencement day and before the land becomes part of a precinct structure plan area

        (a)     the deferred contribution is to be indexed until the earlier of the following—

              (i)     the land becomes part of that area;

S. 201SMA (3)(a)(ii) amended by No. 31/2011 s. 12(1).

              (ii)     the contribution is paid in accordance with section 201SP or 201SMAA(6); and

        (b)     if the deferred contribution is not paid under paragraph (a)(ii), the deferred contribution (as indexed) is subject to the payment of interest from the time that the land becomes part of a precinct structure plan area until the earlier of the following—

S. 201SMA (3)(b)(i) amended by No. 31/2011 s. 12(1).

              (i)     the contribution is paid in accordance with section 201SP or 201SMAA(6);

              (ii)     approval is given for staged payment of the contribution under Subdivision 4.

    (4)     In the case of type A land, if the dutiable transaction relating to that land occurs on or after the commencement day and after the land becomes part of a precinct structure plan area, the deferred contribution is subject to the payment of interest from the time that the liability to pay the contribution arose before the first deferral of payment of the contribution under section 201SM(1) until the earlier of the following—

S. 201SMA (4)(a) amended by No. 31/2011 s. 12(1).

        (a)     the contribution is paid in accordance with section 201SP or 201SMAA(6);

        (b)     approval is given for staged payment of the contribution under Subdivision 4.

    (5)     In the case of type B-1 land, type B-2 land or type C land, if the dutiable transaction relating to that land occurs before the land becomes part of a precinct structure plan area

        (a)     the deferred contribution is to be indexed until the earlier of the following—

              (i)     the land becomes part of that area;

S. 201SMA (5)(a)(ii) amended by No. 31/2011 s. 12(1).

              (ii)     the contribution is paid in accordance with section 201SP or 201SMAA(6); and

        (b)     if the deferred contribution is not paid under paragraph (a)(ii), the deferred contribution (as indexed) is subject to the payment of interest from the time that the land becomes part of a precinct structure plan area until the earlier of the following—

S. 201SMA (5)(b)(i) amended by No. 31/2011 s. 12(1).

              (i)     the contribution is paid in accordance with section 201SP or 201SMAA(6);

              (ii)     approval is given for staged payment of the contribution under Subdivision 4.

    (6)     In the case of type B-1 land, type B-2 land or type C land, if the dutiable transaction relating to that land occurs on or after the land becomes part of a precinct structure plan area, the deferred contribution is subject to the payment of interest from the time that the liability to pay the contribution arose before the first deferral of payment of the contribution under section 201SM(1) until the earlier of the following—

S. 201SMA (6)(a) amended by No. 31/2011 s. 12(1).

        (a)     the contribution is paid in accordance with section 201SP or 201SMAA(6);

        (b)     approval is given for staged payment of the contribution under Subdivision 4.

    (7)     In this section, type A land will be taken to have become part of a precinct structure plan area if the land

        (a)     is zoned under an planning scheme as a Comprehensive Development Zone and is subject to a Comprehensive Development Plan incorporated by that planning scheme; or

        (b)     is within an urban development area and is subject to a Development Plan approved by the responsible authority in accordance with the planning scheme that applies to that land.

S. 201SMA(8) substituted by No. 31/2011 s. 12(2).

    (8)     If, under this section—

        (a)     a growth areas infrastructure contribution is to be indexed in accordance with section 201SN for the period specified in this section, a reference in this Part to that contribution is taken to be a reference to that contribution as so indexed; and

        (b)     a growth areas infrastructure contribution is subject to the payment of interest calculated at the rate set out in section 201SO for the period specified in this section, a reference in this Part to that contribution is taken to include the amount of interest payable under this Subdivision in respect of that contribution.

S. 201SN inserted by No. 23/2010 s. 9.



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