Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020

This section applies if a pre-scheme liable person given a deemed staged payment approval (the original holder) is, on the commencement day, not the owner of the land in relation to which the deemed staged payment approval relates.

The original holder may request, in writing, the Secretary to transfer the deemed staged payment approval to the owner of the land.

The Secretary must not transfer the deemed staged payment approval to the owner of the land without the written agreement of the owner.

If Secretary decides to transfer the deemed staged payment approval to the owner of the land, the Secretary must give the original holder and owner written notice of the transfer.

A notice under subsection (4) must specify the transfer date.

On the transfer date—

the liability to pay the levy is imposed on the owner of the land; and

the liability of the original holder to pay the levy is extinguished; and

the owner of the land is taken to have been given the deemed staged payment approval for the staged payment of the levy that the owner is liable to pay under paragraph (a); and

the conditions to which the deemed staged payment approval is taken to have been given under paragraph (c) continue to apply.

To avoid doubt, the deemed staged payment approval continues in effect despite the transfer.

The Secretary, on the application of the owner of the land, must give the owner a written notice that—

states that—

the deemed staged payment approval has been transferred, under subsection (6), to the owner on the transfer date; and

on that transfer date—

the deemed staged payment approval is taken to have been given to the owner; and

the owner is a liable person; and

describes the whole of the land in respect of which the levy is imposed; and

contains the name and contact details of the owner; and

sets out the conditions to which the staged payment approval is subject; and

contains any other information that the Secretary considers appropriate.