Charges
25 Charges
S. 25(1) amended by No. 10/2017 s. 33(9).
With the prior approval of the Governor in Council Development Victoria may, by resolution, levy charges on the owners, occupiers or licensees of properties or groups of properties in the docklands area—
S. 25(1)(a) amended by Nos 66/1997 s. 6, 86/1998 s. 8(1), 10/2017 s. 33(9).
for the supply of telecommunications or other services provided by or by agreement with Development Victoria; or
S. 25(1)(b) amended by No. 10/2017 s. 33(9).
for the promotion of the docklands area by Development Victoria; or
S. 25(1)(c) amended by No. 10/2017 s. 33(9).
for the maintenance or management by or by agreement with Development Victoria of areas or facilities for common use by groups of properties or users in the docklands area; or
S. 25(1)(d) amended by No. 10/2017 s. 33(9).
for the provision by or by agreement with Development Victoria of the infrastructure necessary for the development of the area or any part of it.
Those charges—
may be different for different classes of properties;
may vary according to the value or size of land or the nature or extent of use of the service or facility;
may include minimum charges or a scale of charges;
need not relate directly to the cost of services or facilities provided;
may be concessional charges;
S. 25(2)(f) amended by No. 10/2017 s. 33(9).
may be waived in whole or in part on any conditions that Development Victoria determines.
A person liable under this section to pay a charge in respect of a property and who would otherwise be liable under another Act to pay a charge in respect of the same property for the same matter is not liable to pay that other charge, despite anything to the contrary in any Act or law.
S. 25(4) amended by No. 69/2006 s. 224(Sch. 3 item 3).
Subsection (3) also applies to charges levied by owners corporations within the meaning of the Owners Corporations Act 2006 as if the charges were levied under an Act.
S. 25(4A) inserted by No. 74/2006 s. 11(1), amended by No. 10/2017 s. 33(9).
Despite subsection (1), Development Victoria may not levy charges for any matter for which the Melbourne City Council has levied a rate or charge.
For land that is not rateable under section 154 of the Local Government Act 1989—
a charge may only be levied under subsection (1)(a) in respect of the use of works or services; and
a charge may only be levied under subsection (1)(a) on the user of those works or services.
S. 25(6) substituted by No. 86/1998 s. 8(2), amended by No. 10/2017 s. 33(9).
A charge which is levied in relation to land and is unpaid and any unpaid interest on that charge and any costs awarded to Development Victoria by a court in any proceedings in relation to that charge or interest are a first charge on the land.
S. 25(7) amended by No. 10/2017 s. 33(9).
Sections 262, 263, 266 and Division 7 of Part 13 of the Water Act 1989[2] apply to a charge under this section as if Development Victoria were an Authority within the meaning of that Act and the charge were a fee imposed under a tariff set by an Authority under that Act.
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