Victorian Current Acts

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ROAD MANAGEMENT ACT 2004 - SECT 56

Development contribution

    (1)     A State road authority that intends to undertake the construction of a new public road which will benefit adjacent land may, by notice in writing, require the owner of the land to meet or contribute to the present day cost of the road construction.

    (2)     If a proposal for the subdivision of land is referred to a road authority under the Planning and Environment Act 1987 , the State road authority may, by notice in writing, require the owner of the land to meet or contribute to the present day cost of the construction of a public road that is required because of the proposed subdivision.

    (3)     The amount of the payment required from an owner of land must be assessed by the State road authority to be fair and reasonable, taking into account the benefit to that land relative to the benefit to other land.

    (4)     The notice must specify—

        (a)     the amount of the payment required; and

        (b)     how the amount of the payment was determined; and

        (c)     the reason why the payment is required; and

        (d)     the construction work that will be provided; and

        (e)     when the construction work will be completed; and

        (f)     the land in relation to which payment is required; and

        (g)     if payments are required in relation to a group of parcels of land, the amounts required in relation to each parcel and how the amounts were apportioned; and

        (h)     the right of the owner to object and apply for a review under section 57 ; and

              (i)     in the case of a notice under subsection (1), that details of the proposal are available for inspection, free of charge, at the road authority's office during normal business hours.

    (5)     In the case of a notice under subsection (1), the State road authority must ensure that details of the proposal are available for inspection, free of charge, at the State road authority's office during normal business hours.

    (6)     The State road authority must ensure that payments received under this section are applied towards the cost of the road construction within the prescribed period of time.



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