Victorian Current Acts Victorian Current Acts(1) An Authority may impose fees under—
(a) a tariff on serviced properties within its district; and
(b) a development tariff on unserviced properties within its district; and
S. 259(1)(c) amended by Nos 62/1995
s. 41(1), 110/1997
s. 24(2), 99/2005 s. 62 28/2007 s. 3(Sch.
item 75.4), repealed by No. 23/2019 s. 85(1).
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S. 259(1)(d) inserted by No. 110/1997
s. 24(2).
(d) a tariff on any properties for the purposes of a management plan for a groundwater supply protection area.
(2) A fee imposed under a tariff or development tariff on a property may be—
(a) a fixed amount; or
(b) an amount fixed according to the value or size of the property; or
S. 259(2)(c) amended by No. 62/1995 s. 41(2).
(c) an amount fixed according to the extent of use of or benefit from the service; or
S. 259(2)(ca) inserted by No. 85/2006 s. 108(1)(a).
(ca) in the case of a fee imposed under a tariff set by Melbourne Water Corporation—
(i) an amount fixed according to the use of the property; or
(ii) an amount fixed according to how the use or development of the property is controlled under a planning scheme; or
S. 259(2)(d) amended by No. 85/2006 s. 108(1)(b).
(d) any combination of amounts referred to in paragraphs (a), (b) and (c) and in the case of Melbourne Water Corporation, amounts referred to in paragraph (ca).
(3) In fixing the fees imposed under a tariff that is based on the valuation of a property an Authority may use a valuation equalisation factor.
S. 259(4) amended by No. 85/2006 s. 108(2).
(4) An Authority that imposes fees under a tariff or development tariff (other than fees of a fixed amount) may, by resolution, fix a minimum amount or no amount payable under the tariff for any property or class of property in respect of which a fee is imposed.
(5) An Authority that imposes fees under a tariff or development tariff may, by resolution, fix different fees payable for different properties or for different periods on the basis of any criteria specified in the resolution.
(6) A resolution under subsection (4) or (5) has no effect until the day on which notice of the making of the resolution is published in a newspaper circulating generally in the area concerned.
(7) An Authority may impose fees under a tariff or development tariff for any particular purpose specified in the Authority's by-laws.
(8) An Authority may, in respect of a property that becomes liable during a financial year to a fee imposed under a tariff, impose a proportion of—
(a) the fee imposed under the tariff for that part of the year during which the property is liable to a fee under the tariff; and
(b) the fee imposed under a development tariff for that part of the year during which the property was liable to a fee under a development tariff.
S. 259(9) inserted by No. 78/1991 s. 20.
(9) An Authority may, in respect of a property, separately impose fees under a tariff or development tariff in respect of each separate occupancy on that property.
S. 259(10) inserted by No. 78/1991 s. 20, substituted by No. 23/2019 s. 85(2).
(10) In determining what constitutes a separate occupancy, the Authority must have regard to—
(a) any regulations prescribing the following—
(i) any class of land or part of land as constituting an occupancy;
(ii) any considerations for determining what constitutes an occupancy; or
(b) if there are no such regulations, the principles set out in the Valuation of Land Act 1960 .
S. 259(11) inserted by No. 78/1991 s. 20 (as amended by No. 22/1992 s. 21(2)), repealed by No. 23/2019 s. 85(3).
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