Victorian Current Acts

PLANNING AND ENVIRONMENT ACT 1987 - SECT 46GZB

    (1)     This section applies to a development agency under an approved infrastructure contributions plan, whether or not the development agency is also the collecting agency.

    (2)     If the development agency is not a municipal council, the development agency must pay into the Consolidated Fund any part of a monetary component or land equalisation amount forwarded to the development agency by the collecting agency under this Part.

    (3)     Subject to subsection (4), the development agency must—

        (a)     apply the monetary component of an infrastructure contribution only—

              (i)     for the purpose of plan preparation costs if the development agency is the planning authority that incurred those costs; or

              (ii)     for the provision of works, services or facilities in respect of which the infrastructure contribution was imposed and for which the development agency is responsible under the approved infrastructure contributions plan; and

        (b)     in relation to any inner public purpose land—

              (i)     vested in the development agency under the Subdivision Act 1988 —use and develop that land for a road specified in the approved infrastructure contributions plan; or

              (ii)     transferred to the development agency by the collecting agency—use and develop that land for a public purpose specified in the approved infrastructure contributions plan; or

              (iii)     acquired by the development agency before the time it was required to be provided under section 46GV(4)—use and develop that land for a public purpose specified in the approved infrastructure contributions plan; and

        (c)     in relation to any outer public purpose land to be acquired by the development agency—

              (i)     acquire that outer public purpose land by applying any part of a land equalisation amount imposed for acquiring that outer public purpose land; and

              (ii)     use and develop that outer public purpose land for a public purpose specified in the approved infrastructure contributions plan.

    (4)     If the Victorian Planning Authority is the collecting agency under an approved infrastructure contributions plan, a development agency under that plan to which any part of an infrastructure contribution is provided by the Authority under this Part must, in accordance with any requirements of the Authority—

        (a)     report on the use of the infrastructure contribution in the development agency's annual report; and

        (b)     provide reports on the use of the infrastructure contribution to the Authority.

Division 7—Responsibilities of collecting agencies and development agencies if infrastructure contributions not expended

S. 46GZC inserted by No. 7/2018 s. 10.