Victorian Numbered Acts Victorian Numbered ActsAfter Division 5 of Part 4 of the Planning and Environment Act 1987 insert —
(1) This Division imposes a levy, known as the Metropolitan Planning Levy, for the privilege of making a leviable planning permit application.
(2) The levy is payable by the person who intends to make the application.
(1) A leviable planning permit application is an application under section 47 or 96A for a permit required for the development of land in metropolitan Melbourne if the estimated cost of the development for which the permit is required exceeds the threshold amount.
Note
See section 3(1) and Schedule 2 for the meaning of metropolitan Melbourne .
(2) The "threshold amount" is—
(a) in the financial year beginning on 1 July 2015, $1 million; and
(b) in the financial year beginning on 1 July 2016 and each subsequent financial year, the CPI adjusted amount calculated in accordance with section 96R.
(1) The amount of the levy is $1.30 for every $1000 of the estimated cost of the development for which the permit is required.
(2) For the purposes of subsection (1), if the estimated cost of the development for which the permit is required is not a multiple of $1000, the estimated cost is to be rounded up or down to the nearest $1000 (and, if the amount by which it is to be rounded is $500, is to be rounded up).
(1) The CPI adjusted amount for a financial year is to be determined in accordance with the following formula—
where—
C is the CPI adjusted amount being determined;
T is—
(a) for the financial year beginning on 1 July 2016, $1 million; and
(b) for each subsequent financial year, the CPI adjusted amount for the previous financial year;
A is the sum of the consumer price index numbers for the consecutive reference periods in respect of the period commencing on 1 January in the previous financial year and ending on the next following 31 December last published by the Australian Bureau of Statistics as at 15 April immediately preceding the financial year for which the CPI adjusted amount is being determined;
B is the sum of the consumer price index numbers for the consecutive reference periods in respect of the period commencing on 1 January in the financial year before the previous financial year referred to in A and ending on the next following 31 December immediately preceding the financial year for which the CPI adjusted amount is being determined.
(2) On or before 31 May each year, the Commissioner must—
(a) notify each responsible authority and planning authority in metropolitan Melbourne of the CPI adjusted amount for the following financial year; and
(b) publish the CPI adjusted amount for the following financial year on an appropriate website.
(3) A failure to comply with subsection (2) in respect of a financial year does not affect the operation of section 96P and this section in respect of a levy payable in that year.
(1) A person who intends to make a leviable planning permit application must, before making it—
(a) give notice to the Commissioner; and
(b) pay the amount of the levy for the application to the Commissioner.
(2) Notice under subsection (1) must—
(a) be in the form approved by the Commissioner; and
(b) state the estimated cost of the development; and
(c) contain the information required by the Commissioner.
(1) If a person pays the levy and the Commissioner is satisfied that the whole of the amount of the levy has been paid in respect of the estimated cost of the development, the Commissioner must issue a certificate to that person.
(2) A levy certificate must include the following information—
(a) the estimated cost of the development;
(b) the amount of the levy paid;
(c) a statement that the whole of the amount of the levy has been paid in respect of the estimated cost of the development;
(d) the date on which the certificate was issued;
(e) the date on which the certificate will expire;
(f) the name and address of the person who paid the levy;
(g) any other information the Commissioner considers appropriate.
(3) Subject to section 96U(3), a levy certificate expires 90 days after the day on which it is issued.
(1) Subsection (2) applies if—
(a) the Commissioner has issued a certificate under section 96T in respect of a leviable planning permit application; and
(b) the estimated cost of the development increases before the application is made; and
(c) the certificate has not expired.
(2) If a person pays any additional levy and the Commissioner is satisfied that the whole of the amount of the levy has been paid in respect of the increased estimated cost of the development, the Commissioner must issue a revised certificate to that person.
(3) The Commissioner may also issue a revised
certificate—
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(a) to correct any error in the information included in the certificate under section 96T(2)(b), (d), (e), (f) or (g); or
(b) if the estimated cost of the development stated in the certificate is different from the estimated cost of the development stated in the notice given under section 96S(1)(a).
(4) A revised certificate expires 90 days after the day on which it is issued.
(1) A person who has paid a levy under this Division is not entitled to a refund of the whole or any part of the levy except where there has been a mathematical error in calculating the amount of the levy by reference to the estimated cost of the development stated in the notice given to the Commissioner under section 96S(1)(a).
(2) Without limiting subsection (1), a person who has paid a levy under this Division is not entitled to a refund of the whole or any part of the levy—
(a) if the estimated cost of the development decreases after the levy is paid; or
(b) if the permit application to which the levy relates is not subsequently made, lapses or is refused or withdrawn; or
(c) if, at the time the permit application is made, the threshold amount has increased from the threshold amount at the time the levy was paid; or
(d) if the permit application to which the levy relates is granted and the permit is subsequently cancelled.
(3) Any refund under subsection (1) is to be paid from the Consolidated Fund which is appropriated by this section to the necessary extent.
(1) The Commissioner has the general administration of this Division and may do all things that are necessary or convenient to give effect to this Division.
(2) For the purpose of performing a function under this Division, the Commissioner may request in writing a responsible authority or planning authority to provide the Commissioner with any information relating to an application made to the authority for a permit under section 47 or 96A (as the case requires) or relating to any permit granted on such an application.
(3) A responsible authority or planning authority must as soon as practicable provide the Commissioner with the information requested under subsection (2).
(1) A person who is or was the Commissioner or another person engaged in the administration of this Division must not disclose any information obtained under, or in relation to the administration of, this Division, except as permitted by this Division.
Penalty: 60 penalty units.
(2) For the purposes of the Freedom of Information Act 1982 , information referred to in subsection (1) is information of a kind to which section 38 of that Act applies.
A person who is or was the Commissioner or another person engaged in the administration of this Division may disclose information obtained under, or in relation to the administration of, this Division—
(a) with the consent of the person to whom the information relates or at the request of a person acting on behalf of that person; or
(b) in connection with the
administration of this Division; or
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(c) in accordance with a requirement imposed under an Act; or
(d) to an authorised recipient, being—
(i) the Secretary to the Department of Treasury and Finance; or
(ii) the Secretary to the Department of Transport, Planning and Local Infrastructure; or
(iii) a relevant responsible authority; or
(iv) a relevant planning authority; or
(v) a person prescribed to be an authorised recipient for the purposes of this section; or
(e) if the information will not, or is not likely to, identify a particular person.
A responsible authority or a planning authority must keep each levy certificate given to it under section 47 or 96A (as the case requires) for not less than 5 years after the levy certificate is given to it.".