1Purpose

The purpose of this Act is to impose a levy to fund measures to mitigate impacts on the environment caused by the development of land in Melbourne's growth corridors.

2Commencement

(1)

Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)

If a provision of this Act does not come into operation before 1 July 2020, it comes into operation on that day.

3Definitions

In this Act—

2010 Commonwealth approval means the approval under section 146B of the EPBC Act on 8 July 2010 relating to the MSA program titled "Approval decision for the taking of actions in accordance with an endorsed program under the Environment Protection and Biodiversity Conservation Act 1999", as amended from time to time;

2010 urban growth boundary means the urban growth boundary within the meaning of the Planning and Environment Act 1987 as at the day on which the VPP Amendment VC 68 took effect in respect of the planning schemes for the Councils mentioned in the definition of urban growth area;

2013 Commonwealth approval means the approval under section 146B of the EPBC Act of the taking of actions in accordance with the MSA program, dated 5 September 2013, as amended from time to time;

2014 Commonwealth approval means the approval under section 146B of the EPBC Act of the taking of actions in accordance with the MSA program, dated 11 September 2014, as amended from time to time;

acquiring authority has the same meaning as in section 3(1) of the Subdivision Act 1988;

additional information notice means a notice under section 70(1);

assessment means an assessment of levy liability made by the Secretary under section 52;

authorised officer means a person appointed under section 109;

building has the same meaning as in section 3(1) of the Building Act 1993;

Building Code of Australia has the same meaning as in section 3(1) of the Building Act 1993;

building permit has the same meaning as in Part 3 of the Building Act 1993;

building work has the same meaning as in section 3(1) of the Building Act 1993;

certificate of no liability—see section 106;

certificate of partial release—see section 105;

certificate of release—see section 103;

certificate of staged payment approval—see section 104;

certification, in relation to a plan of subdivision, has the same meaning as in the Subdivision Act 1988;

component levy amount—see section 22(1) or (2);

conservation area means an area of land to which a conservation area declaration applies;

conservation area declaration means a declaration under section 11;

conservation outcomes means the outcomes specified in a notice under section 93;

S. 3 def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 70A).

Council has the same meaning as in section 3(1) of the Local Government Act 2020;

Crown land means—

(a)

land reserved under the Crown Land (Reserves) Act 1978; or

(b)

unreserved Crown land;

Crown land manager, in relation to Crown land, means—

(a)

if responsibility for the management of the Crown land is given by or under an Act to a person, that person; or

(b)

if responsibility for the management of the Crown land is not given by or under an Act to a person, the Minister administering the Act under which the land is managed;

Department means Department of Environment, Land, Water and Planning;

dutiable transaction relating to land—

(a)

means—

(i)

a dutiable transaction within the meaning of section 7(2) of the Duties Act 2000 relating to dutiable property referred to in section 10(1)(a) of that Act; or

(ii)

a sub-sale of dutiable property referred to in section 10(1)(a) of the Duties Act 2000; and

(b)

does not include an acquisition of beneficial ownership of dutiable property referred to in section 10(1)(a) of the Duties Act 2000 that is a dutiable transaction within the meaning of section 7(2) of that Act because of Part 4B of Chapter 2 of that Act;

environment mitigation dataset—see section 4;

environment mitigation information system means the computer system established and maintained under section 19(1);

environment mitigation levy or levy means the levy imposed under section 21(1) and includes interest payable under Part 4;

EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;

excluded building work—see section 5;

excluded event—see section 6;

excluded event certificate means a certificate issued under section 124;

excluded subdivision of land—see section 7;

extractive industry has the same meaning as in section 4(1) of the Mineral Resources (Sustainable Development) Act 1990;

extractive industry work authority has the same meaning as in section 4(1) of the Mineral Resources (Sustainable Development) Act 1990;

Golden Sun Moth habitat area means an area that—

(a)

is described and labelled in the environment mitigation dataset as a "Golden Sun Moth habitat area"; and

(b)

through the operation of the environment mitigation information system, is capable of being depicted on a map produced by that system as a "Golden Sun Moth habitat area";

Note

See also sections 4 and 19.

Growling Grass Frog habitat area means an area that—

(a)

is described and labelled in the environment mitigation dataset as a "Growling Grass Frog habitat area"; and

(b)

through the operation of the environment mitigation information system, is capable of being depicted on a map produced by that system as a "Growling Grass Frog habitat area";

Note

See also sections 4 and 19.

habitat area means any of the following—

(a)

a Golden Sun Moth habitat area;

(b)

a Growling Grass Frog habitat area;

(c)

a Matted Flax-lily habitat area;

(d)

a Native vegetation area;

(e)

a Southern Brown Bandicoot habitat area;

(f)

a Spiny Rice-flower habitat area;

land particulars means information, including geographic coordinates, that enables the location, area and boundaries of land to be identified or determined;

land transfer agreement means an agreement entered into under section 36(2);

levy area means the area of land to which a levy area declaration applies;

levy area declaration means a declaration under section 10(1);

levy assessment notice means a notice prepared under section 60(2);

levy default means a failure by a person to pay, in accordance with this Act, the whole or part of the environment mitigation levy that the person is liable to pay;

levy event—

(a)

means an event specified in column 2 of an item in the Table in section 21 in relation to the occurrence of which the environment mitigation levy is imposed under subsection (1) of that section; and

(b)

does not include an event in relation to which the environment mitigation levy cannot, under section 21(2), be imposed;

levy land—

(a)

means land specified in column 3 of an item in the Table in section 21 in respect of which the environment mitigation levy is imposed under subsection (1) of that section; and

(b)

does not include land in respect of which the environment mitigation levy cannot, under section 21(2), be imposed;

levy liability means a liability to pay the levy;

levy liability certificate—see section 107;

levy recording means a recording in the Register of a notification described in section 45;

levy scheme declaration means—

(a)

a conservation area declaration; or

(b)

a levy area declaration;

liable person means a person who—

(a)

has been assessed under Part 4 as liable to pay the environment mitigation levy; or

(b)

has paid an amount as the environment mitigation levy; or

(c)

is or may be liable to pay the environment mitigation levy;

lot has the same meaning as in the Subdivision Act 1988;

Matted Flax-lily habitat area means an area that—

(a)

is described and labelled in the environment mitigation dataset as a "Matted Flax-lily habitat area"; and

(b)

through the operation of the environment mitigation information system, is capable of being depicted on a map produced by that system as a "Matted Flax-lily habitat area";

Note

See also sections 4 and 19.

matters of national environmental significance means—

(a)

every matter protected (within the meaning of section 34 of the EPBC Act) by a provision of Part 3 of that Act as in force as at 2 February 2010; and

(b)

Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland Plains;

Melbourne Strategic Assessment Fund or Fund means the Fund established under section 89;

MSA program means the program called "Delivering Melbourne's Newest Sustainable Communities: Program Report", endorsed under section 146(2)(f) of the EPBC Act on 2 February 2010;

Native vegetation area means an area that—

(a)

is described and labelled in the environment mitigation dataset as a "Native vegetation area"; and

(b)

through the operation of the environment mitigation information system, is capable of being depicted on a map produced by that system as a "Native vegetation area";

Note

See also sections 4 and 19.

objection—see section 65;

objector means a liable person who lodges an objection under section 65;

owner has the same meaning as in section 3(1) of the Planning and Environment Act 1987;

parcel of land—

(a)

includes a lot; and

(b)

does not include—

(i)

a parcel, an allotment or a part of Crown land; or

(ii)

a reserve (within the meaning of the Subdivision Act 1988); or

(iii)

common property (within the meaning of the Subdivision Act 1988);

plan of subdivision has the same meaning as in section 3(1) of the Subdivision Act 1988;

planning scheme means a planning scheme under the Planning and Environment Act 1987;

reassessment means a reassessment of levy liability made by the Secretary under section 53;

Register means the Register under the Transfer of Land Act 1958;

relevant building surveyor has the same meaning as in section 3(1) of the Building Act 1993;

road has the same meaning as in section 3(1) of the Road Management Act 2004;

road infrastructure has the same meaning as in section 3(1) of the Road Management Act 2004;

Scattered tree location means a location that—

(a)

is described and labelled in the environment mitigation dataset as a "Scattered tree location"; and

(b)

through the operation of the environment mitigation information system, is capable of being depicted on a map produced by that system as a "Scattered tree location";

Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland Plains means the ecological community included in the list of threatened ecological communities under section 181 of the EPBC Act and described in the legislative instrument made under section 184(1)(a) of that Act, as then in force, and dated 14 March 2012;

Secretary means Department Head (within the meaning of the Public Administration Act 2004) of the Department;

single dwelling has the same meaning as in section 188A(4) of the Building Act 1993;

Southern Brown Bandicoot habitat area means an area that—

(a)

is described and labelled in the environment mitigation dataset as a "Southern Brown Bandicoot habitat area"; and

(b)

through the operation of the environment mitigation information system, is capable of being depicted on a map produced by that system as a "Southern Brown Bandicoot habitat area";

Note

See also sections 4 and 19.

Spiny Rice-flower habitat area means an area that—

(a)

is described and labelled in the environment mitigation dataset as a "Spiny Rice-flower habitat area"; and

(b)

through the operation of the environment mitigation information system, is capable of being depicted on a map produced by that system as a "Spiny Rice-flower habitat area";

Note

See also sections 4 and 19.

staged payment approval means an approval under section 27(1);

statement of compliance has the same meaning as in section 21 of the Subdivision Act 1988;

sub-sale of dutiable property—see section 8;

subdivision has the same meaning as in section 3(1) of the Subdivision Act 1988;

urban growth area means the area of land within the municipal districts of the following Councils that is within the 2010 urban growth boundary—

(a)

Cardinia Shire Council;

(b)

Casey City Council;

(c)

Hume City Council;

(d)

Melton City Council;

(e)

Mitchell Shire Council;

(f)

Whittlesea City Council;

(g)

Wyndham City Council;

utility infrastructure work means—

(a)

the construction of infrastructure that is to be used to provide water, sewerage, drainage, gas, electricity or telecommunications services; or

(b)

work for the installation of infrastructure that is to be used to provide water, sewerage, drainage, gas, electricity or telecommunications services;

VPP Amendment VC 68 means the amendment to the Victoria Planning Provisions prepared under the Planning and Environment Act 1987, and the amendments to every planning scheme, in respect of which a notice of ratification was published in the Government Gazette on 6 August 2010 under section 46AI of that Act;

working day means a day other than—

(a)

a Saturday or Sunday; or

(b)

a day appointed as a public holiday under the Public Holidays Act 1993.

4Meaning of environment mitigation dataset

The environment mitigation dataset is data (including geographic coordinates) published on the internet site with the internet address www.msa.vic.gov.au on 17 September 2019 that—

(a)

describes and labels—

(i)

an area within the levy area as—

(A)

a "Golden Sun Moth habitat area"; or

(B)

a "Growling Grass Frog habitat area"; or

(C)

a "Matted Flax-lily habitat area"; or

(D)

a "Native vegetation area"; or

(E)

a "Southern Brown Bandicoot habitat area"; or

(F)

a "Spiny Rice-flower habitat area"; or

(G)

a composite of any one or more of the areas mentioned in sub-subparagraphs (A) to (F); and

(ii)

a location within the levy area as a "Scattered tree location"; and

(b)

through the operation of the environment mitigation information system, is capable of being depicted on a map or maps, as the case requires—

(i)

as an area mentioned in paragraph (a)(i); or

(ii)

as a "Scattered tree location".

Note

5Meaning of excluded building work

Excluded building work is any of the following kind of building work—

(a)

the demolition of a building or part of a building;

(b)

the construction of a building or part of a building that is or will be when constructed—

(i)

a single dwelling; or

(ii)

a prescribed kind of building;

(c)

the repair or reinstatement of an existing building;

(d)

additions or alterations to an existing building that do not change or increase the floor area of the building.

6Meaning of excluded event

An excluded event is any of the following—

(a)

the issue of a statement of compliance for a plan of subdivision of land that is an excluded subdivision of land;

(b)

the certification of a plan of subdivision of land submitted under section 35 of the Subdivision Act 1988—

(i)

for which that Act does not require the issue of a statement of compliance before registration; and

(ii)

that is an excluded subdivision of land;

(c)

the making of an application under section 17 of the Building Act 1993 for a building permit solely for excluded building work;

(d)

the approval of a variation of a work plan under section 77HB of the Mineral Resources (Sustainable Development) Act 1990 to carry out an extractive industry if an excluded event certificate has been issued in relation to the extractive industry to be carried out;

Note

7Meaning of excluded subdivision of land

(1)

An excluded subdivision of land is any of the following—

(a)

a subdivision of land the purpose of which is solely to realign the common boundary between 2 lots and the area of either lot after the realignment is reduced by no more than 5% of its original area;

Example

The realignment of boundaries to accord with existing fence lines.

(b)

a subdivision of land the purpose of which is solely to create a lot not exceeding 2 hectares for the purposes of excising an existing dwelling on the land;

Example

A land owner subdivides a 40 hectare parcel of land with an existing house into 2 lots—one lot is 38 hectares in area and the other lot is 2 hectares in area and the house is situated on that smaller lot.

(c)

a subdivision of land that is not wholly within the levy area and the purpose of the subdivision is solely to create 2 lots, one lot being land wholly in the levy area and the other lot being land that is not within the levy area;

(d)

a subdivision of land that excises land—

(i)

within the boundaries of any of the planning schemes applying to the municipal districts of the following Councils—

(A)

Hume City Council;

(B)

Melton City Council;

(C)

Mitchell Shire Council;

(D)

Whittlesea City Council;

(E)

Wyndham City Council; and

(ii)

that is shown in those planning schemes as being affected by a transport infrastructure reservation;

(e)

a subdivision of land the sole purpose of which is to excise land—

(i)

forming part of extractive industry land; and

(ii)

on which there is or will be a buffer zone.

(2)

In this section—

buffer zone, in relation to extractive industry land, means land on which there is only one or more of the following—

(a)

an access road or driveway to enable access to a road (within the meaning of the Road Safety Act 1986);

(b)

a drain;

(c)

bund walls or landscaping for the purpose of—

(i)

keeping any emissions resulting from any extractive industry being carried out on the extractive industry land within the boundaries of that land; or

(ii)

minimising the effect on the amenity of the area surrounding the extractive industry land of vehicular traffic, or noise, blasting, dust or vibration resulting from any extractive industry being carried out on that land;

(d)

trees or other plants planted and maintained to screen the extractive industry being carried out on the extractive industry land;

extractive industry land means—

(a)

a parcel of land on which an extractive industry may be carried out under an extractive industry work authority; or

(b)

a parcel of land to which a work plan within the meaning of the Mineral Resources (Sustainable Development) Act 1990 that has been statutorily endorsed under Part 6B of that Act relates;

transport infrastructure reservation means a reservation under a planning scheme for transport infrastructure purposes that is prescribed.

8Meaning of sub-sale of dutiable property

A sub-sale of dutiable property is a transfer of dutiable property referred to in section 10(1)(a) of the Duties Act 2000 to a subsequent purchaser (within the meaning of Part 4A of Chapter 2 of that Act) as described in section 32B(1)(d), 32I(1)(d), 32O(1)(d) or 32P(1)(d) of that Act.

9Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

10Declaration of the levy area

(1)

The Secretary, by instrument, may declare an area of land within the urban growth area that is not a conservation area to be the levy area for the purposes of this Act.

(2)

A levy area declaration must describe the levy area. The description of the levy area may be by reference to a map or maps prepared under section 14.

11Declaration of conservation areas

(1)

The Secretary, by instrument, may declare an area of land within the urban growth area that is not the levy area to be a conservation area for the purposes of this Act.

(2)

A conservation area declaration must describe the conservation area. The description of a conservation area may be by reference to a map or maps prepared under section 14.

Notes

12Secretary must have regard to certain Commonwealth approvals and any prescribed matter

In making a levy scheme declaration, the Secretary must have regard to—

(a)

the 2013 Commonwealth approval; and

(b)

the 2014 Commonwealth approval; and

(c)

any prescribed matter.

Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020

About this Act

Regulations and instruments made under this Act

Bill & explanatory material

This Act’s bill