Victorian Current Acts

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PLANNING AND ENVIRONMENT ACT 1987 - SECT 46QB

Responsibilities of development agencies

    (1)     In this section development agency does not include a municipal council.

    (2)     A development agency to which an amount of levy is paid under this Part must pay that amount into the Consolidated Fund.

    (3)     A development agency must keep proper accounts of any amount of levy paid to it under this Part.

S. 46QB(3A) inserted by No. 33/2006 s. 6,
amended by No. 11/2017 s. 60.

    (3A)     If the Victorian Planning Authority is a collecting agency under this Part, a development agency to which an amount of levy is paid by the Authority under this Part must, in accordance with any requirements of the Authority—

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

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

    (4)     Subject to this section, if a development agency pays an amount of levy into the Consolidated Fund under this Part, the development agency must apply that amount only—

S. 46QB(4)(a) amended by No. 35/2015 s. 12(1).

        (a)     for a purpose relating to plan preparation costs or the provision of works, services or facilities in respect of which the levy was imposed; and

        (b)     in accordance with the approved development contributions plan.

    (5)     A development agency may refund any amount of levy paid to it under this Part in respect of a development if it is satisfied that the development is not to proceed.

    (6)     If—

S. 46QB(6)(a) substituted by No. 35/2015 s. 12(2).

        (a)         an amount of levy has been paid to a development agency under this Part for plan preparation costs incurred by the development agency or for the provision by the development agency of works, services or facilities in an area; and

        (b)     that amount has not been expended within the period required by the approved development contributions plan

the development agency must within 6 months after the end of that period—

        (c)     with the consent of the Minister and in the manner approved by the Minister, pay that amount to the current owners of land in the area; or

        (d)     in accordance with Part 3, submit to the Minister an amendment to the approved development contributions plan to provide for the expenditure of that amount; or

        (e)     with the consent of the Minister and in the manner approved by the Minister, expend that amount for the provision of other works, facilities or services in that area.

    (7)     The Consolidated Fund is appropriated to the extent necessary for the purposes of subsections (4), (5) and (6).

S. 46QC inserted by No. 101/2004 s. 9.



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