{"id":"local-government-act-1989","name":"Local Government Act 1989","slug":"local-government-act-1989","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178054,"registerId":"vic-local-government-act-1989-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"247","sectionType":"section","heading":"Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Councillor Conduct Panel matters 179","content":"247 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Councillor Conduct Panel matters 179\n\n","sortOrder":0},{"sectionNumber":"248","sectionType":"section","heading":"Transitional provision—Local Government Amendment (Improved Governance) Act 2015—VCAT review 180","content":"248 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—VCAT review 180\n\n249 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—VCAT matters (by referral, on grounds of gross misconduct or for review) 181\n\n250 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Inspectors of municipal administration 182\n\n251 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Electoral Reform 183\n\n252 Purported exercise or functions, powers or duties of Municipal Electoral Tribunals and related matters 183\n\n253 Transitional provision—Local Government Legislation Amendment (Rating and Other Matters) Act 2022 184\n\nSchedules 185\n\nSchedule 10—Powers of Councils over roads 190\n\nSchedule 11—Powers of Councils over traffic 195\n\nSchedule 12—Regulations 201\n\nEndnotes 204\n\n1 General information 204\n\n2 Table of Amendments 206\n\n3 Explanatory details 222\n\n**Version No.** **168**\n\n**Local Government Act 1989**\n\n**No. 11 of 1989**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":1},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\nS. 1 substituted by No. 109/2003 s. 3.\n\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"Preamble","content":"\t1 Preamble\n\n(1) Section 74A(1) of the **Constitution Act 1975** provides that local government is a distinct and essential tier of government consisting of democratically elected Councils having the functions and powers that the Parliament considers are necessary to ensure the peace, order and good government of each municipal district.\n\n(2) It is the role of Councils in exercising those functions and powers to work in partnership with the Governments of Victoria and Australia.\n\n(3) It is necessary to ensure that the Councillors who comprise each Council are democratically elected by persons entitled to vote at municipal elections and that the Council is responsible and accountable to the local community.\n\n(4) It is the role of the Council to provide governance and leadership for the local community through advocacy, decision making and action.\n\n(5) It is essential that there is a legislative framework that provides for Councils to be accountable to their local communities in the performance of functions and the exercise of powers and the use of resources.\n\n(6) The purpose of this Act is to establish a legislative scheme that supports the system of local government in accordance with Part IIA of the **Constitution Act 1975**.\n\nS. 1A inserted by No. 109/2003 s. 4.\n\n","sortOrder":3},{"sectionNumber":"1A","sectionType":"section","heading":"Interpretation of Act","content":"\t1A Interpretation of Act\n\n(1) It is the intention of the Parliament that the provisions of this Act be interpreted so as to give effect to the Preamble and the local government charter.\n\n(2) The Preamble and the local government charter are not to be construed as having the effect of limiting the functions and powers of Councils under this Act or any other Act.\n\n(3) In the interpretation of the Preamble and the local government charter, a construction that promotes consistency between the provisions of this Act and any other Act is to be adopted.\n\n(4) In this Act—\n\n***local community*** includes—\n\n(a) people who live in the municipal district; and\n\n(b) people and bodies who are ratepayers; and\n\n(c) people and bodies who conduct activities in the municipal district;\n\n***local government charter*** means the provisions in Part 1A;\n\n***Preamble*** means the Preamble in section 1.\n\nS. 1B inserted by No. 9/2020 s. 358.\n\n","sortOrder":4},{"sectionNumber":"1B","sectionType":"section","heading":"Construction of Act","content":"\t1B Construction of Act\n\n(1) This Act is to be read as if it formed part of the **Local Government Act 2020**.\n\n(2) If there is an inconsistency between this Act and the **Local Government Act 2020**, the **Local Government Act 2020** prevails to the extent of the inconsistency.\n\n","sortOrder":5},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) This Act comes into operation on a day or days to be proclaimed.\n\n(2) The proclamation or proclamations made under subsection (1) must be made on or before 1 July 1990.\n\n","sortOrder":6},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *AAS* inserted by No. 5/2014 s. 4(a).\n\n***AAS*** means the accounting standards published by the Australian Accounting Standards Board from time to time;\n\nS. 3(1) def. of *accounting records* substituted as *accounts and records* by No. 109/2003 s. 72(1)(a), amended by No. 5/2014 s. 4(b).\n\n***accounts and records*** includes—\n\n(a) the financial statements; and\n\n(b) any additional notes attached to, or intended to be read with, the financial statements; and\n\n(c) any working papers and other documents which are necessary to explain the financial statements; and\n\n(d) invoices, receipts, orders for the payment of money, bills of exchange, promissory notes, vouchers and other documents of prime entry;\n\nS. 3(1) def. of *accounts* repealed by No. 109/2003 s. 72(1)(a).\n\nS. 3(1) def. of *advisory* *committee* inserted by No. 58/2010 s. 3(1).\n\n***advisory committee*** means any committee established by the Council, other than a special committee, that provides advice to—\n\n(a) the Council; or\n\n(b) a special committee; or\n\n(c) a member of Council staff who has been delegated a power, duty or function of the Council under section 98;\n\nS. 3(1) def. of *approved* *Great Ocean Road strategic framework plan* inserted by No. 19/2020 s. 93, repealed by No. 42/2021 s. 98(2).\n\nS. 3(1) def. of *assembly of Councillors* inserted by No. 63/2012 s. 3(1).\n\n***assembly of Councillors*** (however titled) means a meeting of an advisory committee of the Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be—\n\n(a) the subject of a decision of the Council; or\n\n(b) subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee—\n\nbut does not include a meeting of the Council, a special committee of the Council, an audit committee established under section 139, a club, association, peak body, political party or other organisation;\n\nS. 3(1) def. of *assessable disclosure* inserted by No. 2/2019 s. 102(1).\n\n***assessable disclosure*** has the meaning given in section 3 of the **Public Interest Disclosures Act 2012**;\n\nS. 3(1) def. of *auditor* inserted by No. 33/1995 s. 4(2)(a).\n\n***auditor*** means the Auditor-General;\n\nS. 3(1) def. of *authorised deposit-taking institution* inserted by No. 11/2001 s. 3(Sch. item 42.1(a)).\n\n***authorised deposit-taking institution*** has the same meaning as in the Banking Act 1959 of the Commonwealth;\n\nS. 3(1) def. of *average  \nrate cap* inserted by No. 65/2015 s. 3(1).\n\n***average rate cap*** means an amount expressed as a percentage amount, based on the change to CPI over the financial year to which the cap relates, plus or minus any adjustment;\n\nS. 3(1) def. of *bank* repealed by No. 11/2001 s. 3(Sch. item 42.1(b)).\n\nS. 3(1) def. of *base* *average  \nrate* inserted by No. 65/2015 s. 3(1).\n\n***base average rate*** has the meaning given by section 185B;\n\nS. 3(1) def. of *base year* inserted by No. 65/2015 s. 3(1).\n\n***base year*** means the financial year preceding the capped year;\n\nS. 3(1) def. of *Board* repealed by No. 27/1997  \ns. 3(a).\n\nS. 3(1) def. of *bullying* inserted by No. 53/2015 s. 12(1).\n\n***bullying*** by a Councillor means the Councillor repeatedly behaves unreasonably towards another Councillor or member of Council staff and that behaviour creates a risk to the health and safety of that other Councillor or member of Council staff;\n\nS. 3(1) def. of *capital improved value* substituted by No. 38/2023 s. 14.\n\n***capital improved value*** has the same meaning as in section 2(1) of the **Valuation of Land Act 1960**;\n\nS. 3(1) def. of *capped average rate* inserted by No. 65/2015 s. 3(1).\n\n***capped average rate*** has the meaning given by section 185C;  \n\nS. 3(1) def. of *capped year* inserted by No. 65/2015 s. 3(1).\n\n***capped year*** means the financial year specified in a general Order;\n\nS. 3(1) def. of *Chief Executive Officer* inserted by No. 125/1993 s. 3(a), amended by No. 125/1993 s. 6(1).\n\n***Chief Executive Officer*** means the person appointed by a Council to be its Chief Executive Officer or any person acting in that position;\n\nS. 3(1) def. of *Chief Municipal Inspector* inserted by No. 53/2015 s. 39.\n\n***Chief Municipal Inspector*** means the person appointed under section 223A;\n\nS. 3(1) def. of *Commis-sioner for Privacy and Data Protection* inserted by No. 60/2014 s. 140(Sch. 3 item 29.1(a)), repealed by No. 20/2017 s. 134(Sch. 1 item 11.1(a)).\n\nS. 3(1) def. of *competitive tendering statement* inserted by No. 40/1994 s. 4, repealed by No. 59/1999 s. 5(a).\n\nS. 3(1) def. of *confidentiality notice* inserted by No. 2/2019 s. 102(1).\n\n***confidentiality notice*** means a notice issued by the Chief Municipal Inspector under section 223BJ(1);\n\nS. 3(1) def. of *corporation* amended by Nos 35/2008 s. 3(1), 20/2012 s. 226(Sch. 5 item 19).\n\n***corporation*** includes—\n\n(a) any body corporate, whether formed or incorporated within or outside the State of Victoria; and\n\n(c) any incorporated association within the meaning of the **Associations Incorporation Reform Act 2012**—\n\nbut does not include a Council or any other body incorporated or constituted by or under this Act or any public statutory corporation constituted by or under any law of the State of Victoria, any other State or Territory of the Commonwealth or the Commonwealth;\n\n***Council*** means a municipal council (including the Council of the City of Melbourne and the Council of the City of Geelong) whether constituted before or after the commencement of this section;\n\n***Councillor*** means a person who holds the office of member of a Council;\n\nS. 3(1) def. of *Councillor Code of Conduct* inserted by No. 67/2008 s. 10.\n\n***Councillor Code of Conduct*** means the code of conduct developed by a Council under section 76C;\n\nS. 3(1) def. of *Councillor Conduct Panel* inserted by No. 53/2015 s. 12(1).\n\n***Councillor Conduct Panel*** means a panel of 2 people selected by the Principal Councillor Conduct Registrar under section 81V;\n\nS. 3(1) def. of *Councillor conduct principles* inserted by No. 67/2008 s. 10.\n\n***Councillor conduct principles*** means the principles specified in sections 76B and 76BA;\n\nS. 3(1) def. of *Council staff* repealed by No. 125/1993 s. 3(b), new def. of *Council staff* inserted by No. 64/2009 s. 36(1).\n\n***Council staff*** means the persons who are members of Council staff;\n\nS. 3(1) def. of *CPI*  \ninserted by No. 65/2015 s. 3(1), amended by No. 30/2025 s. 25.\n\n***CPI*** means the forecast Melbourne consumer price index, as published in the budget update prepared under the **Financial Management Act 1994** or the pre-election budget update prepared under Division 6 of Part 5 of that Act;\n\nS. 3(1) def. of *declared area* inserted by No. 17/2018 s. 16.\n\n***declared area*** has the same meaning as in the **Planning and Environment Act 1987**;\n\nS. 3(1) def. of *Department* inserted by No. 67/2008 s. 10, amended by Nos 53/2015 s. 12(2), 23/2024 s. 73.\n\n***Department*** means the Department of Government Services;\n\nS. 3(1) def. of *designated officer* repealed by No. 125/1993 s. 3(b).\n\nS. 3(1) def. of *disposition of property* inserted by No. 109/2003 s. 31.\n\n***disposition of property*** means any conveyance, transfer, assignment, settlement, delivery, payment, gift or other alienation of property including—\n\n(a) the allotment of shares in a company;\n\n(b) the creation of a trust in property;\n\n(c) the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property;\n\n(d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property;\n\n(e) the exercise by a person of a general power of appointment of property in favour of any other person;\n\n(f) any transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of any other person;\n\nS. 3(1) def. of *domestic partner* inserted by No. 2/2019 s. 102(1).\n\n***domestic partner*** of a person means—\n\n(a) a person who is in a registered relationship with the person; or\n\nA ***registered relationship*** is defined in subsection (7).\n\n(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);\n\nS. 3(1) def. of *election day* inserted by No. 109/2003 s. 12(1)(b).\n\n***election day*** means—\n\n(a) in the case of an election, the day of an election determined under section 31 or 38;\n\n(b) in the case of a poll of voters', the relevant date specified in the public notice under clause 16 of Schedule 3;\n\nS. 3(1) def. of *election period* inserted by No. 109/2003 s. 25(1), amended by No. 35/2008 s. 3(2).\n\n***election period***, in relation to an election, means the period that—\n\n(a) starts on the last day on which nominations for that election can be received; and\n\n(b) ends at 6 p.m. on election day;\n\nS. 3(1) def. of *electoral advertise-ment, handbill, pamphlet or notice* inserted by No. 109/2003 s. 25(1).\n\n***electoral advertisement, handbill, pamphlet or notice*** means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper announcing the holding of a meeting;\n\nS. 3(1) def. of *Electoral Commission* inserted by No. 109/2003 s. 33(1), repealed by No. 53/2015 s. 45(c).\n\n **** * * * ****\n\nS. 3(1) def. of *Electoral Commis-sioner* inserted by No. 53/2015 s. 45(a).\n\n***Electoral Commissioner*** means the Electoral Commissioner appointed under section 12 of the **Electoral Act 2002**;\n\nS. 3(1) def. of *entitlement date* amended by Nos 13/1990 s. 5(2), 34/1996 s. 33(a), substituted by No. 109/2003 s. 12(1)(a).\n\n***entitlement date*** means—\n\n(a) the day that is 57 days before the election day; or\n\n(b) if the date determined under paragraph (a) is a public holiday, means the day which is the last working day before that day;\n\nS. 3(1) def of *environmental upgrade agreement* inserted by No. 39/2015 s. 3.\n\n***environmental upgrade agreement*** means an agreement entered into in accordance with section 181A;\n\nS. 3(1) def of *environmental upgrade charge* inserted by No. 39/2015 s. 3.\n\n***environmental upgrade charge*** means a charge declared under section 181C;\n\nS. 3(1) def. of *Essential Services Commission* inserted by No. 65/2015 s. 3(1).\n\n***Essential Services Commission*** has the same meaning as ***Commission*** has in the **Essential Services Commission Act 2001**;\n\nS. 3(1) defs of *exhibition roll, exhibition roll date* inserted by No. 109/2003 s. 12(1)(b), repealed by No. 53/2015 s. 45(c).\n\nS. 3(1) def. of *farm land* inserted by No. 91/1994 s. 35(a).\n\n***farm land*** has the same meaning as it has in the **Valuation of Land Act 1960**;\n\nS. 3(1) def. of *film friendly principles* inserted by No. 51/2014 s. 9(Sch. 2 item 8.1).\n\n***film friendly principles*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 3(1) def. of *film permit* inserted by No. 51/2014 s. 9(Sch. 2 item 8.1).\n\n***film permit*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 3(1) def. of *finance lease* inserted by No. 109/2003 s. 72(1)(b).\n\n***finance lease*** means a finance lease within the meaning of the Australian Accounting Standards as issued by the Australian Accounting Research Foundation;\n\nS. 3(1) def. of *financial statements* inserted by No. 5/2014 s. 4(a).\n\n***financial statements***—\n\n(a) subject to paragraph (b), means the financial statements and the notes attached to, or intended to be read with, the financial statements prepared in accordance with the current AAS as it applies to the general purpose financial reports of local governments;\n\n(b) in sections 126 and 127, means the financial statements referred to in paragraph (a) but does not include the notes referred to in that paragraph;\n\nS. 3(1) def. of *financial year* substituted by No. 99/1994 s. 3(1).\n\n***financial year*** means the period of 12 months ending on 30 June each year;\n\nS. 3(1) def. of *general Order* inserted by No. 65/2015 s. 3(1).\n\n***general Order*** means  an Order made by the Minister under section 185D;\n\nS. 3(1) def. of *gift* inserted by No. 109/2003 s. 31.\n\n***gift*** means any disposition of property otherwise than by will made by a person to another person without consideration in money or money's worth or with inadequate consideration, including—\n\n(a) the provision of a service (other than volunteer labour); and\n\n(b) the payment of an amount in respect of a guarantee; and\n\n(c) the making of a payment or contribution at a fundraising function;\n\nS. 3(1) def. of *gift disclosure threshold* inserted by No. 64/2009 s. 36(1), amended by No. 58/2010 s. 3(2)(a).\n\n***gift disclosure threshold*** means $500 or a higher amount or value prescribed by the regulations;\n\nS. 3(1) def. of *Great Ocean Road coast and parks* inserted by No. 19/2020 s. 93.\n\n***Great Ocean Road coast and parks*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3(1) def. of *Great Ocean Road Coast and Parks* *Authority* inserted by No. 42/2021 s. 98(1).\n\n***Great Ocean Road Coast and Parks* *Authority*** means the Great Ocean Road Coast and Parks Authority established under Part 5 of the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3(1) def. of *Great Ocean Road coast and parks protection principles* inserted by No. 19/2020 s. 93, repealed by No. 42/2021 s. 98(2).\n\nS. 3(1) def. of *Great Ocean Road region* inserted by No. 19/2020 s. 93, repealed by No. 42/2021 s. 98(2).\n\nS. 3(1) def. of *Great Ocean Road scenic landscapes area* inserted by No. 19/2020 s. 93.\n\n***Great Ocean Road scenic landscapes area*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3(1) def. of *gross misconduct* inserted by No. 53/2015 s. 12(1).\n\n***gross misconduct*** by a Councillor means behaviour that demonstrates that a Councillor is not of good character or is otherwise not a fit and proper person to hold the office of Councillor;\n\nS. 3(1) def. of *Head, Transport for Victoria* inserted by No. 49/2019 s. 186(Sch. 4 item 25.1).\n\n***Head, Transport for Victoria*** has the same meaning as in section 3 of the **Transport Integration Act 2010**;\n\nS. 3(1) def. of *higher cap* inserted by No. 65/2015 s. 3(1).\n\n***higher cap*** means an amount expressed as the average rate cap specified in a general Order plus an additional percentage amount in respect of that financial year;\n\n***how-to-vote card*** means any card, handbill, pamphlet or notice—\n\n(a) which is or includes a representation or partial representation or purported representation or purported partial representation of a ballot-paper for use in an election; or\n\n(b) which lists the names of any or all of the candidates for an election with a number indicating an order of voting preference against the names of any or all of those candidates;\n\nS. 3(1) def. of *IBAC* inserted by No. 53/2015 s. 12(1).\n\n***IBAC*** means the Independent Broad-based Anti‑corruption Commission established under section 12 of the **Independent Broad‑based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *Information Commis-sioner* inserted by No. 20/2017 s. 134(Sch. 1 item 11.1(b)).\n\n***Information Commissioner*** means the Information Commissioner appointed under the **Freedom of Information Act 1982** in the Information Commissioner's capacity under the **Privacy and Data Protection Act 2014**;\n\nS. 3(1) def. of *Integrity Minister* inserted by No. 53/2015 s. 39.\n\n***Integrity Minister*** means the Minister administering section 223A;\n\nS. 3(1) def. of *internal resolution procedure* inserted by No. 53/2015 s. 12(1).\n\n***internal resolution procedure*** means the procedure—\n\n(a) specified in the Councillor Code of Conduct; and\n\n(b) developed and maintained by a Council in accordance with section 81AA to address the matters specified in that section;\n\nS. 3(1) def. of *law enforcement agency* inserted by No. 53/2015 s. 12(1), amended by No. 31/2024 s. 113(Sch. 1 item 21).\n\n***law enforcement agency*** means—\n\n(a) Victoria Police; or\n\n(b) the police force or police service of another State or a Territory; or\n\n(c) the Australian Federal Police; or\n\n(d) the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; or\n\n(e) a commission established by a law of Victoria or the Commonwealth or of any other State or a Territory with the function of investigating matters relating to criminal activity generally or of a specified class or classes; or\n\n(f) the Chief Examiner and Examiners appointed under Part 3 of the **Major Crime (Investigative Powers) Act 2004**; or\n\n(g) the IBAC; or\n\n(h) the sheriff within the meaning of the **Sheriff Act 2009**; or\n\n(i) Integrity Oversight Victoria established under section 8 of the **Integrity Oversight Victoria Act 2011**; or\n\n(j) an agency responsible for the performance of functions or activities directed to—\n\n(i) the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or\n\n(ii) the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or\n\n(k) an agency responsible for the execution or implementation of an order or decision made by a court or tribunal; or\n\n(l) an agency responsible for the protection of the public revenue under a law administered by it;\n\nS. 3(1) def of *lending body* inserted by No. 39/2015 s. 3.\n\n***lending body*** means the person who advances funds under the environmental upgrade agreement;\n\nS. 3(1) def. of *local government panel* inserted by No. 27/1997  \ns. 3(b).\n\n***local government panel*** means a panel established by the Minister under section 220A;\n\nS. 3(1) def. of *member of Council staff* inserted by No. 64/2009 s. 36(1).\n\n***member of Council staff*** means a natural person who is employed by the Chief Executive Officer (other than an independent contractor under a contract for services or a volunteer) to enable—\n\n(a) the functions of the Council under this Act or any other Act to be carried out;\n\n(b) the Chief Executive Officer to carry out his or her functions;\n\nThe Chief Executive Officer is also a member of Council staff—see section 94(2).\n\nS. 3(1) def. of *misconduct* inserted by No. 53/2015 s. 12(1).\n\n***misconduct*** by a Councillor means any of the following—\n\n(a) failure by a Councillor to comply with the Council's internal resolution procedure; or\n\n(b) failure by a Councillor to comply with a written direction given by the Council under section 81AB; or\n\n(c) repeated contravention of any of the Councillor conduct principles;\n\n***municipal district*** means the district under the local government of a Council;\n\nS. 3(1) def. of *municipal enterprise* amended by No. 109/2003 s. 7(1).\n\n***municipal enterprise*** means any venture under section 193 or any trading or entrepreneurial enterprise;\n\n***Order in Council*** means an Order made by the Governor with the advice of the Executive Council and published in the Government Gazette;\n\n***owner*** in relation to any land, means the person who is entitled to receive the rack-rent for the land or who, if the land were let at a rack-rent, would be entitled to receive the rent;\n\nS. 3(1) def. of *panel list* inserted by No. 53/2015 s. 12(1).\n\n***panel list*** means the panel list established by the Minister under section 81U for the purposes of forming Councillor Conduct Panels;\n\nS. 3(1) def. of *payment plan* inserted by No. 30/2022 s. 8.\n\n***payment plan*** means a plan referred to in section 171B(1);\n\nS. 3(1) def. of *payment plan instalment* inserted by No. 30/2022 s. 8.\n\n***payment plan instalment*** means an instalment under a payment plan;\n\nS. 3(1) def. of *person* amended by Nos 109/2003 s. 12(1)(c), 35/2008 s. 3(3).\n\n***person*** in relation to Divisions 1 to 7 of Part 3, means a person who has attained the age of 18 years but does not include—\n\n(a) a corporation; or\n\n(b) a Council or any other body incorporated or constituted by or under this Act; or\n\n(c) any public statutory corporation constituted by or under any law of the State of Victoria, any other State or Territory of the Commonwealth or the Commonwealth;\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 99.1).\n\n***police officer*** has the same meaning as it has in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *prescribed* repealed by No. 78/1991 s. 3(a).\n\nS. 3(1) def of *primary parties* inserted by No. 39/2015 s. 3.\n\n***primary parties***, in relation to an environmental upgrade agreement, means a Council, the lending body and the owner of the rateable land;\n\nS. 3(1) def. of *Principal Conduct Officer* inserted by No. 53/2015 s. 12(1).\n\n***Principal Conduct Officer*** means the person appointed in writing by the Chief Executive Officer to be the Principal Conduct Officer for the Council under section 81Y;\n\nS. 3(1) def. of *Principal Councillor Conduct Registrar* inserted by No. 53/2015 s. 12(1).\n\n***Principal Councillor Conduct Registrar*** means the person appointed by the Secretary to be the Principal Councillor Conduct Registrar under section 81S;\n\nS. 3(1) def. of *principles of sound financial management* inserted by No. 109/2003 s. 72(1)(b).\n\n***principles of sound financial management*** means the principles specified in section 136;\n\nS. 3(1) def. of *printed electoral material* substituted by No. 109/2003 s. 28(1).\n\n***printed electoral material*** means an advertisement, handbill, pamphlet or notice that contains electoral matter;\n\nS. 3(1) def. of *Privacy Commis-sioner* inserted by No. 109/2003 s. 12(1)(d), repealed by No. 60/2014 s. 140(Sch. 3 item 29.1(b)).\n\n***public body*** means any government department or municipal council or body established for a public purpose by an Act of the Parliament of Victoria, any other State or Territory of the Commonwealth, or the Commonwealth;\n\nS. 3(1) def. of *public highway* inserted by No. 125/1993 s. 21(a), amended by No. 12/2004 s. 143(1)(a).\n\n***public highway*** is a road which is open to the public for traffic as a right, irrespective of whether the road is in fact open to traffic, and includes a road—\n\n(a) declared to be a public highway under section 204(1) or under any other Act;\n\n(b) which becomes a public highway under section 24(2)(c) of the **Subdivision Act 1988**;\n\n(c) which is a public road under the **Road Management Act 2004**;\n\nS. 3(1) def. of *public interest complaint* inserted by No. 2/2019 s. 102(1).\n\n***public interest complaint*** has the meaning given in section 3 of the **Public Interest Disclosures Act 2012**;\n\nS. 3(1) def. of *public notice* substituted by No. 35/2008 s. 3(4), amended by No. 64/2009 s. 36(2).\n\n***public notice*** means a notice published in a newspaper generally circulating in the municipal district of the Council chosen for the purpose by—\n\n(a) if the notice is required to be given by the Council, the Council;\n\n(b) if the notice is required to be given by the Registrar, the Registrar;\n\n(c) if the notice is required to be given by the returning officer, the returning officer;\n\nSee also section 82A(2) which requires any public notice to be given by the Council to be published on the Internet website of the Council.\n\nS. 3(1) def. of *publish* inserted by No. 109/2003 s. 25(1).\n\n***publish*** means publish by any means including by publication on the Internet;\n\nS. 3(1) def. of *rateable land* inserted by No. 78/1991 s. 3(b).\n\n***rateable land*** means any land that is rateable under section 154;\n\nS. 3(1) def. of *rateable property* inserted by No. 109/2003 s. 12(1)(d), amended by Nos 35/2008 s. 3(5), 65/2010  \ns. 420(Sch. 3 item 9), 65/2015 s. 3(2).\n\n***rateable property*** in relation to Division 1 of Part 3 or Part 8A, means an occupancy which is separately valued under section 13DC of the **Valuation of Land Act** **1960** and is rateable land but does not include an occupancy that is used, or is intended to be used, for the sole purpose of—\n\n(a) parking a single ***motor vehicle*** within the meaning of section 3(1) of the **Road Safety Act 1986**; or\n\n(b) mooring a single ***vessel*** within the meaning of section 3(1) of the **Marine Safety Act 2010**; or\n\n(c) storage, being a single lockable unit with a floor area not exceeding 25 square metres;\n\nS. 3(1) def. of *Registrar* inserted by No. 109/2003 s. 12(1)(d), substituted by No. 53/2015 s. 45(b).\n\n***Registrar*** means—\n\n(a) the Electoral Commissioner; or\n\n(b) a person appointed in writing by the Electoral Commissioner;\n\nS. 3(1) def. of *residential use land* inserted by No. 91/1994 s. 35(b).\n\n***residential use land*** has the same meaning as it has in the **Valuation of Land Act 1960**;\n\nS. 3(1) def. of *restricted matter* inserted by No. 2/2019 s. 102(1).\n\n***restricted matter*** means—\n\n(a) any evidence or information given to, or obtained by, the Chief Municipal Inspector;\n\n(b) the contents of any document produced to, or obtained by, the Chief Municipal Inspector;\n\n(c) the existence of, or any information about, a confidentiality notice or a requirement under section 223B(2) to appear before the Chief Municipal Inspector for examination;\n\n(d) the subject matter of an investigation by the Chief Municipal Inspector;\n\n(e) any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document to the Chief Municipal Inspector, to be identified or located;\n\n(f) the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document to, the Chief Municipal Inspector;\n\n(g) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the **Public Interest Disclosures Act 2012**;\n\n(h) the fact that a disclosure or related disclosure has been determined under Part 3 of the **Public Interest Disclosures Act 2012** to be a public interest complaint;\n\n(i) the fact that the Chief Municipal Inspector intends to conduct an investigation on a public interest disclosure;\n\nS. 3(1) def. of *returning officer* inserted by No. 53/2015 s. 45(a).\n\n***returning officer*** means—\n\n(a) the Electoral Commissioner; or\n\n(b) a person appointed in writing by the Electoral Commissioner;\n\nS. 3(1) def. of *road* substituted by No. 125/1993 s. 21(b), amended by No. 12/2004 s. 143(1)(b).\n\n***road*** includes—\n\n(a) a street; and\n\n(b) a right of way; and\n\n(c) any land reserved or proclaimed as a street or road under the **Crown Land (Reserves) Act 1978** or the **Land Act 1958**; and\n\n(ca) a public road under the **Road Management Act 2004**; and\n\n(d) a passage; and\n\n(e) a cul de sac; and\n\n(f) a by-pass; and\n\n(g) a bridge or ford; and\n\n(h) a footpath, bicycle path or nature strip; and\n\n(i) any culvert or kerbing or other land or works forming part of the road;\n\nS. 3(1) def. of *Secretary* inserted by No. 67/2008 s. 10.\n\n***Secretary*** means Secretary to the Department;\n\nS. 3(1) def. of *senior officer* inserted by No. 125/1993 s. 3(c), substituted by No. 109/2003 s. 68(1), amended by Nos 64/2009 s. 36(3), 58/2010 s. 3(2)(b).\n\n***senior officer*** means—\n\n(a) the Chief Executive Officer;\n\n(b) a member of Council Staff who has management responsibilities and reports directly to the Chief Executive Officer;\n\n(c) any other member of Council staff whose total remuneration exceeds $124 000 or a higher threshold amount specified by the Minister in accordance with section 97B;\n\nS. 3(1) def. of *serious misconduct* inserted by No. 53/2015 s. 12(1).\n\n***serious misconduct*** by a Councillor means—\n\n(a) the failure of a Councillor to attend a Councillor Conduct Panel hearing formed to make a finding in respect of that Councillor; or\n\n(b) the failure of a Councillor to give a Councillor Conduct Panel any information the Councillor Conduct Panel has requested the Councillor to give; or\n\n(c) the failure of a Councillor to comply with a direction of a Councillor Conduct Panel; or\n\n(d) continued or repeated misconduct by a Councillor after a finding of misconduct has already been made in respect of the Councillor by a Councillor Conduct Panel; or\n\n(e) bullying of another Councillor or member of Council staff by a Councillor; or\n\n(f) conduct by a Councillor in respect of a member of Council staff in contravention of section 76E; or\n\n(g) the release of confidential information by a Councillor in contravention of section 77;\n\nS. 3(1) def. of *special committee* inserted by No. 63/2012 s. 3(1).\n\n***special committee*** means—\n\n(a) a committee established by a Council under section 86;\n\n(b) a committee that exercises a power, or performs a duty or function, of the Council that has been delegated to that committee under any Act;\n\nS. 3(1) def. of *special Order* inserted by No. 65/2015 s. 3(1).\n\n***special Order*** means an Order made by the Essential Services Commission under section 185E;\n\nS. 3(1) def. of *spouse* inserted by No. 2/2019 s. 102(1).\n\n***spouse*** of a person means a person to whom the person is married;\n\nS. 3(1) def. of *standard statements* inserted by No. 109/2003 s. 72(1)(b), repealed by No. 5/2014 s. 4(c).\n\nS. 3(1) def. of *Statement of Planning Policy* inserted by No. 17/2018 s. 16.\n\n***Statement of Planning Policy*** has the same meaning as in the **Planning and Environment Act 1987**;\n\nS. 3(1) def. of *total remuneration* inserted by No. 125/1993 s. 3(c), substituted as *total annual remuneration* by No. 109/2003 s. 68(1).\n\n***total annual remuneration***, in relation to a member of Council staff, means the total remuneration package to which the member is entitled for a financial year, including—\n\n(a) the gross annual salary; and\n\n(b) the annual cost in dollars to the Council of any other allowance, benefit or remuneration that the member of Council staff receives from the Council or that is paid or given by the Council to another person for the ultimate benefit of the member of Council staff (other than any allowances in relation to expenses incurred in the course of employment) including—\n\n(i) any contribution made by the Council to a superannuation fund on behalf of the member of Council staff; and\n\n(ii) the annual value of any motor vehicle provided by the Council to the member of Council staff;\n\n***tribunal*** is a reference to a municipal electoral tribunal established under section 44;\n\nS. 3(1) def. of *unenrolled voter* inserted by No. 15/1992 s. 25(2).\n\n***unenrolled voter*** means a person who is entitled to be enrolled on a voter's roll but is not so enrolled;\n\nS. 3(1) def. of *urban farm land* inserted by No. 91/1994 s. 35(c).\n\n***urban farm land*** has the same meaning as it has in the **Valuation of Land Act 1960**;\n\nS. 3(1) def. of *Victorian Electoral Commission* inserted by No. 23/2002 s. 198(1).\n\n***Victorian Electoral Commission*** means the Victorian Electoral Commission established under section 6 of the **Electoral Act 2002**;\n\n***voter*** means a person who is enrolled on a voters' roll;\n\nS. 3(1) def. of *voting centre* inserted by No. 109/2003 s. 29(a).\n\n***voting centre*** means a place appointed by the returning officer for voting at an election as—\n\n(a) an early voting centre;\n\n(b) a mobile voting centre;\n\n(c) an election day voting centre;\n\nS. 3(1) def. of *ward* amended by No. 49/2017 s. 79(1).\n\n***ward*** means a subdivision of a municipal district and includes a riding;\n\nS. 3(1) def. of *waste, recycling or resource recovery services* inserted by No. 30/2022 s. 3.\n\n***waste, recycling or resource recovery services***  has the meaning given by section 4 of the **Circular Economy (Waste Reduction and Recycling) Act 2021**;\n\nS. 3(1) def. of *Yarra protection principles* inserted by No. 49/2017 s. 79(2).\n\n***Yarra protection principles*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\nS. 3(1) def. of *Yarra River land* inserted by No. 49/2017 s. 79(2).\n\n***Yarra River land*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\nS. 3(1) def. of *Yarra Strategic Plan* inserted by No. 49/2017 s. 79(2).\n\n***Yarra Strategic Plan*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\nS. 3(1) def. of *Yarra Strategic Plan area* inserted by No. 49/2017 s. 79(2).\n\n***Yarra Strategic Plan area*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**.\n\nS. 3(1A) inserted by No. 109/2003 s. 25(2).\n\n(1A) In this Act, ***electoral matter*** means matter which is intended or likely to affect voting in an election but does not include any electoral material produced by or on behalf of the returning officer for the purposes of conducting an election.\n\nS. 3(1B) inserted by No. 109/2003 s. 25(2).\n\n(1B) Without limiting the generality of the definition of ***electoral matter***, matter is to be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on—\n\n(a) the election; or\n\n(b) a candidate in the election; or\n\n(c) an issue submitted to, or otherwise before, the voters in connection with the election.\n\n(2) For the purposes of—\n\n(a) the performance of the functions or the exercise of the powers of a Council; and\n\nS. 3(2)(b) amended by Nos 12/2004 s. 143(2), 6/2010 s. 203(1)(Sch. 6 item 29.1) (as amended by No. 45/2010 s. 22).\n\n(b) any proceedings for offences under the **Transport (Compliance and Miscellaneous) Act 1983**, the **Road Management Act 2004** or the **Road Safety Act 1986**—\n\n***road*** includes a shopping mall.\n\nS. 3(3) amended by No. 81/1989 s. 3(Sch.  \nitem 30.1), substituted by No. 33/1995 s. 8.\n\n(3) If the boundary of a municipal district is described by reference to a road, proposed road, railway line, former railway line or waterway (other than a waterway that forms part of the sea coast), that boundary is to be taken to be constituted by a line along the centre for the time being of the road, proposed road, railway line, former railway line or waterway.\n\nS. 3(3A) inserted by No. 33/1995 s. 8,  \namended by No. 76/1997  \ns. 3.\n\n(3A) If the boundary of a municipal district is described by reference to the sea coast (regardless of whether it is referred to as the sea shore or the waters of the sea or a bay or in any other way), that boundary is to be taken to be the line for the time being of the low water mark on that sea coast.\n\nS. 3(3B) inserted by No. 33/1995 s. 8.\n\n(3B) Subsection (3) or (3A) does not apply if an intention contrary to the effect of that subsection appears in the description.\n\n(4) If a municipal district is not subdivided a reference to ***ward*** is to be taken to be a reference to the municipal district.\n\n(5) Where a Council is empowered to do any act, matter or thing, the decision to do the act, matter or thing is to be made by a resolution of the Council.\n\nS. 3(6) inserted by No. 63/2012 s. 3(2).\n\n(6) For the purposes of subsection (5), ***resolution of the Council*** means—\n\n(a) a resolution made at an ordinary meeting or special meeting;\n\n(b) a resolution made at a meeting of a special committee;\n\n(c) the exercise of a power, duty or function delegated to a member of Council staff under section 98—\n\nbut does not include any business transacted at an assembly of Councillors.\n\nS. 3(7) inserted by No. 2/2019 s. 102(2).\n\n(7) For the purposes of the definition of ***domestic partner*** in subsection (1)—\n\n(a) ***registered relationship*** has the same meaning as it has in the **Relationships Act 2008**; and\n\n(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case.\n\nS. 3AA inserted by No. 6/2010 s. 25(5)(Sch. 2 item 6.1) (as amended by No. 45/2010 s. 6), repealed by No. 9/2020 s. 359(a).\n\nS. 3AB inserted by No. 51/2014 s. 9(Sch. 2 item 8.2), repealed by No. 9/2020 s. 359(a).\n\nPt 1A (Heading and ss 3A–3F) inserted by No. 109/2003 s. 5, amended by Nos 49/2017, s. 80, 17/2018 s. 17, repealed by No. 9/2020 s. 359(b).\n\n","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Council","content":"Part 2—The Council\n\nS. 4 repealed by No. 9/2020 s. 359(c).\n\nS. 5 amended by Nos 78/1991 s. 13(a), 109/2003 s. 7(2), repealed by No. 9/2020 s. 359(c).\n\nS. 5A  \ninserted by No. 78/1991 s. 4, amended by 109/2003 s. 47, repealed by No. 9/2020 s. 359(c).\n\nS. 5B inserted by No. 109/2003 s. 6, repealed by No. 9/2020 s. 359(c).\n\nS. 6 repealed by No. 109/2003 s. 7(2).\n\nS. 7 amended by No. 59/1999 s. 3, repealed by No. 109/2003 s. 7(2).\n\nS. 8 repealed by No. 109/2003 s. 7(2).\n\nS. 9 amended by Nos 69/2009 s. 54(Sch. Pt 2 item 31), 67/2014 s. 147(Sch. 2 item 24.1), repealed by No. 9/2020 s. 361(a).\n\nS. 10 amended by Nos 76/1995 s. 3(1)(2), 34/1996 s. 32(2), 76/1997  \ns. 4(1), repealed by No. 109/2003 s. 7(2).\n\n","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Elections","content":"Part 3—Elections\n\nPt. 3 Div. 1 (Heading and ss 11–20) amended by Nos 13/1990 s. 3, 15/1992 s. 3, 43/1993 s. 7, 98/1993 s. 15, 125/1993 s. 14(a)–(c), 33/1995 ss 12–16, 76/1995 s. 4, 76/1997 ss 5–7, 54/1998 s. 3(1)(a)–(c), 5/2001 s. 30(1), substituted by No. 109/2003 s. 10, amended by Nos 35/2008 ss 4–11, 64/2009 s. 4, 58/2010 s. 4, 63/2012 s. 4, repealed by No. 9/2020 s. 359(d).\n\nPt 3 Div. 2 (Heading and ss 21–27) amended by Nos 13/1990 ss 4, 5(1), 31(a), 15/1992 s. 4, 125/1993 s. 14(d), 99/1994 s. 6(1)(3)–(5), 33/1995 ss 17, 18, 76/1995 s. 5, 76/1997 ss 8, 9(1)(2), 54/1998 s. 4, 5/2001 s. 30(1), 23/2002 s. 198(2)–(8), 109/2003 ss 11, 12(2)(a), 35/2008 ss 12, 13, 64/2009 ss 5, 6, 37, 60/2014 s. 140(Sch. 3 item 29.2), 53/2015 ss 46–55, 20/2017 s. 134(Sch. 1 item 11.2), repealed by No. 9/2020 s. 359(d).\n\nPt 3 Div. 3 (Heading and ss 28–30) amended by Nos 15/1992 s. 5(1)(2), 43/1993 s. 8, 125/1993 s. 14(e), 109/2003 ss 14, 25(3), 28(2), 49(1), 58, 67/2008 ss 11, 12, 26, 53/2009 s. 3, 64/2009 s. 38, 68/2009 s. 97(Sch. item 80.1), 63/2012 s. 5, 53/2015 ss 13, 56, 6/2018 s. 68(Sch. 2 items 80.1, 80.2), repealed by No. 9/2020 s. 361(b).\n\nPt 3 Div. 4 (Heading and ss 31, 32) amended by Nos 99/1994 s. 5(a), 54/1998 s. 5(1), substituted as Pt 3 Div. 4 (Heading and s. 31) by No. 109/2003 s. 15, amended by No. 44/2011 s. 3, repealed by No. 9/2020 s. 359(d).\n\nPt 3 Div. 5 (Heading and ss 33–36) amended by Nos 13/1990 s. 6(1), 99/1994 s. 5(a), 76/1997 s. 13(a), 54/1998 ss 5(2), 6, 5/2001 s. 30(1)(2)(a), repealed by No. 109/2003 s. 15.\n\nPt 3 Div. 6 (Heading and ss 37, 38) amended by Nos 13/1990 s. 7, 15/1992 s. 6, 125/1993 s. 14(e), 109/1994 s. 34(10), 52/1998 s. 311(Sch. 1 item 55.1), 54/1998 ss 7, 8, 109/2003 ss 16(1)(a), 17, 18, 35/2008 ss 14, 15, 53/2015 ss 57, 58, repealed by No. 9/2020 s. 359(d).\n\nPt 3 Div. 7 (Heading and ss 39–43) amended by Nos 15/1992 ss 7, 8, 43/1993 s. 9, 99/1994 s. 7, 33/1995 ss 19(1), 20, 21, 76/1995 s. 6, 76/1997 ss 9(3)(4), 10–12(1)(2), 5/2001 s. 30(1)  \n(2)(b)(c), 109/2003 ss 7(4), 12(2)(b)(3), 19, 21, 32/2006 s. 94(Sch. item 30(1)–(3)), 35/2008 ss 16, 17, 64/2009 s. 39, 53/2015 ss 59–61, repealed by No. 9/2020 s. 359(d).\n\nPt 3 Div. 8 (Heading and ss 44–62) amended by Nos 13/1990 ss 8, 31(b)(c), 15/1992 ss 9–12, 33/1995 s. 19(2), 76/1995 ss 7–9, 34/1996 s. 28(2)–(4), 76/1997 s. 13(b), 52/1998 s. 311(Sch. 1 item 55.2), 54/1998 s. 3(1)(d)(2), 109/2003 ss 20, 22(1)–(5), 23(a), 24, 25(4), 27, 29(b)–(f), 52(1), 93(a), 35/2008 ss 18, 19, 67/2008 ss 27, 28, 64/2009 ss 7–18, 68/2009 s. 97(Sch. item 80.2), 58/2010 s. 5, 63/2012 ss 6–8, 13/2013 s. 35, 37/2014 s. 10(Sch. item 99.2), 53/2015 ss 62, 63, repealed by No. 9/2020 s. 359(d).\n\nPt 3 Div. 9 (Heading and ss 62–62B) inserted by No. 109/2003 s. 30, amended by Nos 35/2008 ss 20, 21, 64/2009 ss 19, 40, 41, 58/2010 s. 6, 44/2011 ss 4, 5, 63/2012 s. 9, repealed by No. 9/2020 s. 359(d).\n\n","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Council administration","content":"Part 4—Council administration\n\n","sortOrder":10},{"sectionNumber":"Div 1","sectionType":"division","heading":"The Mayor and other Councillors","content":"Division 1—The Mayor and other Councillors\n\nS. 63 amended by No. 125/1993 s. 14(g), substituted by No. 109/2003 s. 48, amended by Nos 67/2008 s. 29, 69/2009 s. 54(Sch. Pt 2 item 31), 53/2015 s. 4, 6/2018 s. 68(Sch. 2 items  \n80.3–80.7), repealed by No. 9/2020 s. 361(c).\n\nS. 64 amended by No. 125/1993 s. 14(g), substituted by Nos 109/2003 s. 48, 53/2015 s. 5, amended by No. 6/2018 s. 68(Sch. 2 item 80.8), repealed by No. 9/2020 s. 361(c).\n\nS. 65 repealed by No. 109/2003 s. 48, new s. 65 inserted by No. 53/2015 s. 6, repealed by No. 9/2020 s. 361(c).\n\nS. 66 amended by No. 64/2009 s. 20, repealed by No. 9/2020 s. 361(c).\n\nS. 66AA inserted by No. 64/2009 s. 42, repealed by No. 9/2020 s. 361(c).\n\nS. 66AB inserted by No. 64/2009 s. 42, repealed by No. 9/2020 s. 361(c).\n\nS. 66A inserted by No. 67/2008 s. 30, repealed by No. 9/2020 s. 361(c).\n\nS. 66B inserted by No. 67/2008 s. 30, repealed by No. 9/2020 s. 361(c).\n\nS. 67 repealed by No. 9/2020 s. 361(c).\n\nS. 68 amended by Nos 43/1993 s. 10, 109/2003 s. 16(1)(b)(c), repealed by No. 9/2020 s. 361(c).\n\nS. 68A inserted by No. 43/1993 s. 11(1), amended by Nos 125/1993 s. 14(g), 35/2008 s. 22, repealed by No. 9/2020 s. 361(c).\n\nS. 69 amended by Nos 125/1993 s. 14(h), 109/2003 s. 49(2), 6/2018 s. 68(Sch. 2 item 80.8), repealed by No. 9/2020 s. 361(c).\n\nS. 69A inserted by No. 109/2003  \ns. 50, amended by No. 67/2008 s. 31, repealed by No. 9/2020 s. 361(c).\n\nS. 70 amended by No. 54/1998  \ns. 9, substituted by No. 109/2003 s. 51, amended by Nos 35/2008 s. 23, 6/2018 s. 68(Sch. 2 item 80.8), repealed by No. 9/2020 s. 361(c).\n\nS. 71 amended by Nos 99/1994 s. 5(b), 76/1995 s. 10(1)(2), 5/2001 s. 30(1), 109/2003 s. 53, 67/2008 s. 32, 44/2011 s. 6, repealed by No. 9/2020 s. 361(c).\n\nS. 72 amended by Nos 125/1993 s. 14(h), 76/1995 s. 10(3), 109/2003 s. 54, 67/2008 ss 13, 33, 53/2015 s. 14, repealed by No. 9/2020 s. 361(c).\n\nS. 72A inserted by No. 98/1993 s. 17, amended by Nos 99/1994 s. 5(b), 33/1995 s. 9, repealed by No. 5/2001 s. 30(1).\n\nS. 73 amended by No. 76/1995 s. 10(4), repealed by No. 9/2020 s. 361(c).\n\nS. 73AA inserted by No. 53/2015 s. 7, repealed by No. 9/2020 s. 361(c).\n\nS. 73A inserted by No. 67/2008 s. 4, repealed by No. 9/2020 s. 359(e).\n\nS. 73B inserted by No. 67/2008 s. 4, amended by No. 58/2010 s. 7, repealed by No. 9/2020 s. 359(e).\n\nS. 74 amended by No. 99/1994 s. 5(b), substituted by No. 76/1995, amended by Nos 76/1997 s. 14(1), 5/2001 s. 30(1), substituted by No. 109/2003 s. 55, amended by Nos 67/2008 s. 5, 44/2011 s. 7, repealed by No. 9/2020 s. 359(e).\n\nS. 74A inserted by No. 76/1995 s. 11, amended by No. 76/1997  \ns. 14(2), repealed by No. 5/2001 s. 30(1), new s. 74A inserted by No. 109/2003 s. 55, amended by Nos 67/2008 s. 6, 6/2018 s. 68(Sch. 2 item 80.8), repealed by No. 9/2020 s. 359(e).\n\nS. 74B inserted by No. 76/1995 s. 11, substituted by No. 109/2003 s. 55, amended by No. 67/2008 s. 7, repealed by No. 9/2020 s. 359(e).\n\nS. 74C inserted by No. 109/2003 s. 55, amended by No. 67/2008 s. 8, repealed by No. 9/2020 s. 359(e).\n\nS. 75 substituted by No. 67/2008 s. 9, repealed by No. 9/2020 s. 360(a).\n\nSs 75A–75C inserted by No. 67/2008 s. 9, repealed by No. 9/2020 s. 360(a).\n\nS. 76 substituted by No. 13/1990 s. 9, repealed by No. 9/2020 s. 360(a).\n\nS. 76A inserted by No. 22/1992 s. 3, amended by No. 43/1993 s. 12(a)(b), repealed by No. 9/2020 s. 360(a).\n\nPt 4 Div. 1A (Heading and ss 76AA–81) amended by Nos 13/1990 ss 10, 31(d), 43/1993 s. 13, 125/1993 s. 14(h), 99/1994 ss 8(b), 9, 76/1995 s. 10(5), 34/1996 ss 3, 4, 109/2003 ss 49(3), 57, 59–63, 99/2004 s. 8(a), 12/2008 s. 73(Sch. 1 item 38), 67/2008 ss 14–17,  \n20–25, 64/2009 ss 21–26,  \n43–49, 66/2009 s. 8, 58/2010  \nss 8–20, 63/2012 ss 10–13, 3/2013 ss 7, 13, 53/2015 ss 8, 15–17, 46/2016 s. 3, 6/2018 s. 68(Sch. 2 item 80.8), repealed by No. 9/2020 s. 361(d).\n\nPt 4 Div. 1AB (Heading and ss 81AA, 81AB) inserted by No. 53/2015 s. 18, repealed by No. 9/2020 s. 361(d).\n\nPt 4 Div. 1B (Heading and ss 81A–81S) inserted by No. 67/2008 s. 18, amended by Nos 64/2009 s. 27, 53/2015 ss 19–33, repealed by No. 9/2020 s. 361(d).\n\nPt 4 Div. 1C (Heading and ss 81S, 81T) inserted by No. 53/2015 s. 34, repealed by No. 9/2020 s. 361(d).\n\nPt 4 Div. 1D (Heading and ss 81U–81ZA) inserted by No. 53/2015 s. 34, repealed by No. 9/2020 s. 361(d).\n\nPt 4 Div. 2 (Heading and ss 82–93) amended by Nos 13/1990 ss 11,12, 125/1993 s. 14(h)–(j), 34/1996 s. 33(b), 109/2003 ss 64–66, 67/2008 ss 34–42, 64/2009 s. 50, 63/2012 ss 14–16, 5/2014 s. 5, 53/2015  \nss 35, 64, 65, repealed by No. 9/2020 s. 360(b).\n\n","sortOrder":11},{"sectionNumber":"Div 3","sectionType":"division","heading":"Council staff","content":"Division 3—Council staff\n\nS. 94 amended by Nos 13/1990  \ns. 31(e), 125/1993  \ns. 4(1)–(3), 99/1994  \ns. 10(1)(2), substituted by No. 27/1997  \ns. 4, amended by Nos 23/2000 s. 3(1)(2), 41/2005 s. 3, 67/2008 s. 43, repealed by No. 9/2020 s. 362(a).\n\nS. 94A inserted by No. 27/1997  \ns. 4, amended by Nos 67/2008 s. 44, 58/2010 s. 21, 67/2013 s. 649(Sch. 9 item 22), 53/2015 s. 9, repealed by No. 9/2020 s. 362(a).\n\nS. 94AB inserted by No. 109/2003 s. 69, repealed by No. 9/2020 s. 362(a).\n\nS. 94B inserted by No. 27/1997  \ns. 4, repealed by No. 9/2020 s. 362(a).\n\nSs 94C, 94D inserted by No. 109/2003 s. 67, repealed by No. 9/2020 s. 362(a).\n\nS. 95 amended by No. 27/1997 s. 5(1), substituted by No. 109/2003 s. 67, amended by No. 67/2008 s. 45, repealed by No. 9/2020 s. 362(a).\n\nS. 95AA inserted by No. 67/2008 s. 46, repealed by No. 9/2020 s. 362(a).\n\nS. 95A inserted by No. 125/1993 s. 7(1), amended by Nos 99/1994 s. 11, 27/1997 s. 5(2)–(4), 23/2000 s. 3(3), 67/2008 s. 47, repealed by No. 9/2020 s. 362(a).\n\nS. 95B inserted by No. 125/1993 s. 7(1), substituted by No. 27/1997  \ns. 6, repealed by No. 9/2020 s. 362(a).\n\nS. 95C inserted by No. 23/2000 s. 4, repealed by No. 9/2020 s. 362(a).\n\nS. 96 repealed by No. 9/2020 s. 362(a).\n\nS. 97  \nrepealed by No. 125/1993 s. 8, new s. 97 inserted by No. 125/1993 s. 9, repealed by No. 27/1997  \ns. 7.\n\nS. 97A inserted by No. 125/1993 s. 9, repealed by No. 9/2020 s. 362(a).\n\nS. 97B inserted by No. 125/1993 s. 9, repealed by No. 64/2009 s. 51, new s. 97B inserted by No. 58/2010 s. 22, repealed by No. 9/2020 s. 362(a).\n\nS. 97C inserted by No. 27/1997  \ns. 8, amended by No. 76/1997 s. 24(a), repealed by No. 109/2003 s. 68(2).\n\nS. 98 amended by Nos 125/1993 s. 14(k), 109/2003 s. 70, 67/2008 s. 48, repealed by No. 9/2020 s. 360(c).\n\nS. 99 repealed by No. 109/2003 s. 68(2).\n\nS. 100 repealed by No. 125/1993 s. 10(1).\n\nS. 101 amended by No. 63/2012 s. 17, repealed by No. 9/2020 s. 362(a).\n\nS. 102 amended by Nos 13/1990 s. 13(a), 22/1992 ss 4(1), 7(2)(a), repealed by No. 125/1993 s. 11(1), new s. 102 inserted by No. 125/1993 s. 12, repealed by No. 9/2020 s. 362(a).\n\nPt 4 Div. 4 (Heading and ss 103–110) amended by Nos 13/1990 s. 13(b), 78/1991 s. 13(b), 22/1992 ss 4(1), 7(2)(a), 125/1993 s. 11(1), 63/2012 s. 18, repealed by No. 9/2020 s. 359(f).\n\nPt 5 (Heading and ss 111–124) amended by Nos 125/1993 s. 26(1), 38/1996 s. 13, 54/1998 s. 20(2), 32/2006 s. 94(Sch. item 30(4)(5), 2/2008 s. 57, 64/2009 ss 52-56, 58/2010 ss 23, 24, 29/2011 s. 3(Sch. 1 item 55.1), 51/2014 s. 9(Sch. 2 item 8.3), repealed by No. 9/2020 s. 362(b).\n\nPt 6  \n(Heading and ss 125–134) amended by Nos 13/1990 ss 14, 15, 22/1992 ss 4(2), 5(1)(2), 6, 7(1)(2)(b), 125/1993 s. 14(l), 40/1994 s. 5, 99/1994 s. 15, 33/1995 ss 4(2)(b)–(d)(3), 5, 34/1996  \nss 5–8, 29, 27/1997 s. 25, 76/1997 s. 15, 93/1997 s. 28(Sch. item 18), 46/1998 s. 7(Sch. 1), 52/1998 s. 311(Sch. 1 item 55.3), 53/1999 s. 26(Sch. item 15), 59/1999 s. 5(b), substituted as Pt 6  \n(Heading and ss 125–135) by No. 109/2003 s. 71, amended by Nos 67/2008 ss 49–52, 63/2012 s. 19, 5/2014  \nss 6–12, 65/2015  \nss 4–7, repealed by No. 9/2020 s. 361(e).\n\nPt 7  \n(Heading and ss 135–153) amended by Nos 13/1990 s. 16, 22/1992 ss 8–14, 98/1993 s. 18, 125/1993 ss 27, 28, 18/1994 s. 66(Sch. 2 item 15) (as amended by No. 75/1994 s. 7(6)), 99/1994 s. 3(2)(a)(b), 34/1996 ss 9–13, 14 (as amended by No. 76/1997 s. 22), 29, 54/1998 s. 10, 5/2001 s. 30(1), 11/2001 s. 3(Sch. items 42.2, 42.3), 44/2001 s. 3(Sch. item 74.1), substituted as Pt 7  \n(Heading and ss 136–150) by No. 109/2003 s. 71.\n\n","sortOrder":12},{"sectionNumber":"Part 7","sectionType":"part","heading":"Financial management","content":"Part 7—Financial management\n\nS. 136 substituted by No. 109/2003 s. 71, repealed by No. 9/2020 s. 362(c).\n\nS. 137 substituted by No. 109/2003 s. 71, repealed by No. 9/2020 s. 361(f).\n\nS. 138 substituted by No. 109/2003 s. 71, amended by No. 67/2008 s. 53, repealed by No. 9/2020 s. 361(f).\n\nS. 139 substituted by No. 109/2003 s. 71, amended by Nos 67/2008 s. 54, 63/2012 s. 20, 53/2015 s. 10, repealed by No. 9/2020 s. 360(d).\n\nSs 140–150 substituted by No. 109/2003 s. 71, repealed by No. 9/2020 s. 362(c).\n\nPart 8—Rates and charges on rateable land\n\nDivision 1—Declaration of rates and charges\n\n\t154 What land is rateable?\n\n(1) Except as provided in this section, all land is rateable.\n\n(2) The following land is not rateable land—\n\n(a) land which is unoccupied and is the property of the Crown or is vested in a Minister, a Council, a public statutory body or trustees appointed under an Act to hold that land in trust for public or municipal purposes;\n\n(b) any part of land, if that part—\n\n(i) is vested in or owned by the Crown, a Minister, a Council, a public statutory body or trustees appointed under an Act to hold that land in trust for public or municipal purposes; and\n\n(ii) is used exclusively for public or municipal purposes;\n\n(c) any part of land, if that part is used exclusively for charitable purposes;\n\n(d) land which is vested in or held in trust for any religious body and used exclusively—\n\n(i) as a residence of a practising Minister of religion; or\n\n(ii) for the education and training of persons to be Ministers of religion; or\n\n(iii) for both the purposes in subparagraphs (i) and (ii);\n\n(e) land which is used exclusively for mining purposes;\n\n(f) land held in trust and used exclusively—\n\nS. 154(2)(f)(i) substituted by No. 67/2008 s. 55.\n\n(i) as a club for or a memorial to persons who performed ***service or duty*** within the meaning of section 3(1) of the **Veterans Act 2005**; or\n\n(ii) as a sub-branch of the Returned Services League of Australia; or\n\n(iii) by the Air Force Association (Victoria Division); or\n\n(iv) by the Australian Legion of Ex‑Servicemen and Women (Victorian Branch).\n\n(3) For the purposes of subsections (2)(a) and (2)(b) any part of the land is not used exclusively for public or municipal purposes if—\n\n(a) it is used for banking or insurance; or\n\n(b) a house or flat on the land—\n\n(i) is used as a residence; and\n\n(ii) is exclusively occupied by persons including a person who must live there to carry out certain duties of employment; or\n\nS. 154(3)(c) amended by No. 20/2019 s. 180.\n\n(c) it is used by Fire Rescue Victoria.\n\nS. 154(3A) inserted by No. 98/1998 s. 47.\n\n(3A) For the purposes of subsection (2)(b), any part of land does not cease to be used exclusively for public purposes only because it is leased—\n\nS. 154(3A)(a) amended by Nos 6/2010 s. 203(1)(Sch. 6 item 29.2) (as amended by No. 45/2010 s. 22), 29/2011 s. 3(Sch. 1 item 55.2).\n\n(a) to a rail freight operator within the meaning of the **Transport (Compliance and Miscellaneous) Act 1983**; or\n\n(b) to a passenger transport company within the meaning of that Act.\n\nS. 154(4) amended by No. 13/1990 s. 31(f).\n\n(4) For the purposes of subsections (2)(c) and (2)(d), any part of the land is not used exclusively for charitable purposes if it is in any of the following categories—\n\n(a) it is separately occupied and used for a purpose which is not exclusively charitable;\n\n(b) a house or flat on the land—\n\n(i) is used as a residence; and\n\n(ii) is exclusively occupied by persons including a person who must live there to carry out certain duties of employment;\n\n(c) it is used for the retail sale of goods;\n\n(d) it is used to carry on a business for profit (unless that use is necessary for or incidental to a charitable purpose).\n\nS. 155 substituted by No. 34/1996 s. 15.\n\n","sortOrder":13},{"sectionNumber":"155","sectionType":"section","heading":"What rates and charges may a Council declare?","content":"\t155 What rates and charges may a Council declare?\n\nA Council may declare the following rates and charges on rateable land—\n\n(a) general rates under section 158;\n\n(b) municipal charges under section 159;\n\n(c) service rates under section 162;\n\n(d) service charges under section 162;\n\n(e) special rates under section 163;\n\n(f) special charges under section 163.\n\n","sortOrder":14},{"sectionNumber":"156","sectionType":"section","heading":"Liability to pay rates and charges","content":"\t156 Liability to pay rates and charges\n\n(1) The owner of land is liable to pay the rates and charges on that land.\n\nS. 156(2) amended by Nos 13/1990 s. 17, 34/1996 s. 16.\n\n(2) If the owner cannot be found or identified, the occupier of, or the mortgagee in possession of, the land is liable to pay the rates and charges.\n\n(3) If there is a person who is the private occupier or lessee of the land and the land is land on which rates and charges could not be declared if there were no such occupier or lessee, that person is liable to pay the rates and charges.\n\nS. 156(3A) inserted by No. 23/1993 s. 21.\n\n(3A) For the purposes of this Part and Part II of the **Valuation of Land Act 1960** a caravan park is a single rateable property of which the caravan park owner is taken to be the occupier.\n\nS. 156(4) amended by No. 81/1989 s. 3(Sch. item 30.2).\n\n(4) A person who has a licence to pasture any animals on Crown land under the **Forests Act 1958**, the **Land Act 1958** or the **Water Act 1989**, is liable to pay the rates and charges on that land as if it is rateable land.\n\nS. 156(5) amended by No. 96/1994 s. 57.\n\n(5) A person who has or should have a licence under the **Land Act 1958** in respect of any unused roads or water frontages is liable to pay the rates and charges on that land as if it is rateable land.\n\nS. 156(5A) inserted by No. 35/1998  \n\n(5A) A person who is a licensee of vested land under Part 3A of the **Victorian Plantations Corporation Act 1993** is liable to pay the rates and charges on that land as if it is rateable land.\n\nS. 156(6) amended by No. 78/1991 s. 13(c)(i)(ii).\n\n(6) A rate or charge which is declared in relation to land and is unpaid and any unpaid interest on such a rate or charge and any costs awarded to a Council by a court or in any proceedings in relation to such a rate or charge or interest are a first charge on the land.\n\n","sortOrder":15},{"sectionNumber":"157","sectionType":"section","heading":"Which systems of valuing land may a Council use?","content":"\t157 Which systems of valuing land may a Council use?\n\n(1) A Council may use the site value, net annual value or capital improved value system of valuation.\n\nS. 157(2) amended by No. 78/1991 s. 13(d).\n\n(2) A Council must publish public notice of its decision to change its system of valuation.\n\nS. 157(3) repealed by No. 76/1997  \ns. 13(a), new s. 157(3) inserted by No. 67/2017 s. 78, amended by No. 50/2024 s. 97.\n\n(3) For the purposes of calculating the site value, net annual value or capital improved value of rateable land, a Council must use the current valuations made in respect of the land under the **Valuation of Land Act 1960** by the Valuer-General.\n\nS. 157(4) repealed by No. 34/1996 s. 19(2).\n\nS. 157(5) substituted by No. 34/1996 s. 17.\n\n(5) A person has a right to make a submission under section 223 on a Council's decision to change its system of valuation.\n\n","sortOrder":16},{"sectionNumber":"158","sectionType":"section","heading":"Declaring rates and charges","content":"\t158 Declaring rates and charges\n\nS. 158(1) amended by Nos 99/1994 s. 3(2)(c), 5/2014  \ns. 13.\n\n(1) A Council must at least once in respect of each financial year declare by 30 June the following for that year—\n\n(a) the amount which the Council intends to raise by general rates, municipal charges, service rates and service charges;\n\n(b) whether the general rates will be raised by the application of—\n\n(i) a uniform rate; or\n\nS. 158(1)(b)(ii) substituted by No. 34/1996 s. 18(1).\n\n(ii) differential rates (if the Council is permitted to raise such rates under section 161(1)); or\n\nS. 158(1)(b)(iii) inserted by No. 34/1996 s. 18(1).\n\n(iii) urban farm rates, farm rates or residential use rates (if the Council is permitted to raise such rates under section 161A).\n\n(2) The Council must declare the general rate in respect of a period of time between 3 months and a year.\n\n(3) A Council may levy general rates, municipal charges, service rates and service charges by sending a notice to the person who is liable to pay them.\n\nS. 158(3A) inserted by No. 13/1990 s. 18.\n\n(3A) At the written request of the person liable to pay rates or charges, the Council may send the notice to a person specified in the written request.\n\nS. 158(4) amended by No. 13/1990 s. 31(g), substituted by No. 22/1992 s. 15(a).\n\n(4) The notice must—\n\n(a) contain the prescribed information; and\n\nS. 158(4)(b) substituted by No. 27/1997  \ns. 9(1).\n\n(b) state—\n\nS. 158(4)(b)(i) amended by No. 109/2003 s. 78(1).\n\n(i) in the case of general rates, municipal charges, service rates and service charges, the dates when the instalments of the rates or charges are due, and, if those rates and charges may be paid in a lump sum, the date when that lump sum is due; or\n\n(ii) in any other case, when the rates or charges are due; and\n\nS. 158(4)(c) substituted by No. 27/1997  \ns. 9(1).\n\n(c) specify any other options for payment determined by the Council; and\n\n(d) be issued at least 14 days before the date on which the first payment of the rates or charges is due.\n\nS. 158(4A) inserted by No. 22/1992 s. 15(a), substituted by No. 27/1997  \ns. 9(2), amended by No. 109/2003 s. 78(2).\n\n(4A) If general rates, municipal charges, service rates or service charges—\n\n(a) are not payable in a lump sum; or\n\n(b) are payable in a lump sum but the first instalment is paid—\n\nthe Council must send a notice that contains the information set out in subsections (4)(b) and (4)(c) at least 14 days before each of the second, third and fourth instalments are due.\n\nS. 158(4B) inserted by No. 27/1997  \ns. 9(2), amended by No. 109/2003 s. 78(3).\n\n(4B) Despite anything to the contrary in section 167, a failure to comply with subsection (4)(d) or (4A) alters the date on which the relevant payment is due to a day specified by the Council in the notice which is not less than 14 days after the date on which the notice relating to that payment is sent.\n\n(5) If a Council has declared more than one general rate, municipal charge, service rate or service charge for the year, it may levy any of those rates or charges as a combined rate or charge.\n\n(6) A Council must, as far as is practicable, levy all general rates, municipal charges, service rates and service charges which are declared in a financial year in the same financial year.\n\nS. 158A inserted by No. 78/1991 s. 5.\n\n","sortOrder":17},{"sectionNumber":"158A","sectionType":"section","heading":"Rates and charges to be levied on each occupancy","content":"\t158A Rates and charges to be levied on each occupancy\n\n(1) If the Council levies a rate or charge on any land, the Council must separately levy that rate or charge in respect of each portion of that land for which the Council has a separate valuation.\n\n(2) If a valuation treats as a single rateable entity land that is owned separately by 2 or more people, a Council may apportion any rates or charges that apply to that land in accordance with the value that each separately owned parcel of that land bears in relation to the value of that land as a whole.\n\n","sortOrder":18},{"sectionNumber":"159","sectionType":"section","heading":"Municipal charge","content":"\t159 Municipal charge\n\n(1) A Council may declare a municipal charge to cover some of the administrative costs of the Council.\n\n(2) A Council's total revenue from a municipal charge in a financial year must not exceed 20 per cent of the sum total of the Council's—\n\n(a) total revenue from a municipal charge; and\n\n(b) total revenue from general rates—\n\nin that financial year.\n\nS. 159(3) inserted by No. 78/1991 s. 6, substituted by No. 43/1993 s. 14.\n\n(3) A person may apply to a Council for an exemption from the payment of a municipal charge on rateable land if—\n\n(a) the rateable land in respect of which the exemption is claimed is farm land within the meaning of section 2(1) of the **Valuation of Land Act 1960** or would be farm land if it were 2 hectares or more in area; and\n\n(b) the rateable land forms part of a single farm enterprise; and\n\n(c) an exemption is not claimed in respect of at least one other rateable property which forms part of the single farm enterprise; and\n\n(d) in the case of a single farm enterprise which is occupied by more than one person, an exemption is not claimed in respect of more than one principal place of residence.\n\nS. 159(4) inserted by No. 43/1993 s. 14.\n\n(4) In subsection (3)—\n\n***single farm enterprise*** means 2 or more rateable properties—\n\n(a) which—\n\n(i) are farm land; and\n\n(ii) are farmed as a single enterprise; and\n\n(iii) are occupied by the same person or persons—\n\nwhether or not the properties are contiguous; or\n\n(b) which—\n\n(i) as to all the properties except one, are farm land farmed as a single enterprise occupied by the same person or persons; and\n\n(ii) as to one property contiguous with at least one of the other properties, is the principal place of residence of that person or one of those persons.\n\nS. 159(5) inserted by No. 43/1993 s. 14.\n\n(5) An application must be in the form and made within the period determined by the Council.\n\nS. 159(6) inserted by No. 43/1993 s. 14.\n\n(6) The Council may require the applicant—\n\n(a) to give further particulars; or\n\n(b) to verify particulars—\n\nin relation to the application.\n\n","sortOrder":19},{"sectionNumber":"160","sectionType":"section","heading":"Uniform rate","content":"\t160 Uniform rate\n\nIf a Council declares that general rates will be raised by the application of a uniform rate—\n\n(a) the Council must specify a percentage as the uniform rate; and\n\nS. 160(b) substituted by No. 34/1996 s. 18(2).\n\n(b) the general rate for any rateable land is to be determined by multiplying the value of the land (as determined under the valuation system used by the Council) by that percentage.\n\n","sortOrder":20},{"sectionNumber":"161","sectionType":"section","heading":"Differential rates","content":"\t161 Differential rates\n\nS. 161(1) substituted by Nos 34/1996 s. 19(1), 63/2012 s. 21(1).\n\n(1) A Council may raise any general rates by the application of a differential rate if it uses the capital improved value system of valuing land.\n\n(2) If a Council declares a differential rate for any land, the Council must—\n\nS. 161(2)(a) amended by No. 63/2012 s. 21(2).\n\n(a) specify the objectives of the differential rate which must include the following—\n\n(i) a definition of the types or classes of land which are subject to the rate and a statement of the reasons for the use and level of that rate in relation to those types or classes of land;\n\n(ii) an identification of the types or classes of land which are subject to the rate in respect of the uses, geographic location (other than location on the basis of whether or not the land is within a specific ward in the Council's municipal district) and planning scheme zoning of the land and the types of buildings situated on it and any other criteria relevant to the rate;\n\n(iii) if there has been a change in the valuation system, any provision for relief from a rate for certain land to ease the transition for that land; and\n\n(b) specify the characteristics of the land which are the criteria for declaring the differential rate.\n\nS. 161(2A) inserted by No. 63/2012 s. 21(3).\n\n(2A) A Council must have regard to any Ministerial guidelines made under subsection (2B) before declaring a differential rate for any land.\n\nS. 161(2B) inserted by No. 63/2012 s. 21(3).\n\n(2B) The Minister may, by notice published in the Government Gazette, make guidelines for or with respect to—\n\n(a) the objectives of differential rating;\n\n(b) suitable uses of differential rating powers;\n\n(c) the types or classes of land that are appropriate for differential rating.\n\nS. 161(3) amended by Nos 34/1996 s. 19(3)(a), 63/2012 s. 21(4).\n\n(3) A Council which declares a differential rate must ensure that copies of the following information are available on its Internet website and for public inspection at the Council office—\n\nS. 161(3)(a) repealed by No. 34/1996 s. 19(3)(b), new s. 161(3)(a) inserted by No. 63/2012 s. 21(5).\n\n(a) the definition of the types or classes of land which are subject to the rate;\n\nS. 161(3)(b) amended by No. 63/2012 s. 21(6).\n\n(b) the objectives of the differential rate;\n\nS. 161(3)(c) amended by Nos 34/1996 s. 19(3)(c), 63/2012 s. 21(7).\n\n(c) the rate and amount of rates payable in relation to each type or class of land and what proportion of the total rates and charges this represents;\n\n(d) any other information which the Council considers it necessary to make available.\n\nS. 161(4) repealed by No. 34/1996 s. 19(4), new s. 161(4) inserted by No. 63/2012 s. 21(8).\n\n(4) On the recommendation of the Minister, the Governor in Council may by Order in Council prohibit any Council from making a declaration of a differential rate in respect of a type or class of land, if the Minister considers that the declaration would be inconsistent with any guidelines made under subsection (2B).\n\n(5) The highest differential rate in a municipal district must be no more than 4 times the lowest differential rate in the municipal district.\n\nS. 161(6)(7) inserted by No. 23/1999 s. 3, repealed by No. 5/2001 s. 30(1).\n\nS. 161A inserted by No. 34/1996 s. 20.\n\n","sortOrder":21},{"sectionNumber":"161A","sectionType":"section","heading":"Limited differential rates","content":"\t161A Limited differential rates\n\n(1) This section only applies to a Council that does not use the capital improved value system of valuing land.\n\nS. 161A(2) amended by No. 109/2003 s. 79.\n\n(2) The Council may raise general rates by applying a differential rate in relation to farm land, urban farm land or residential use land across the whole of the municipal district or between particular wards but in the case of particular wards only if—\n\n(a) the farm rate, urban farm rate or residential use rate is applied on the basis of whether or not any land is within a specific ward in the Council's municipal district; and\n\n(b) a majority of the Councillors for any such ward which is to be subject to the higher differential rate agree to that differential rate.\n\n(3) If a Council declares a differential rate under this section, sections 161(2), (3) and (5) apply in respect of the declaration.\n\n","sortOrder":22},{"sectionNumber":"162","sectionType":"section","heading":"Service rate and service charge","content":"\t162 Service rate and service charge\n\n(1) A Council may declare a service rate or an annual service charge or any combination of such a rate and charge for any of the following services—\n\nS. 162(1)(a) repealed by No. 30/2022 s. 4(1).\n\nS. 162(1)(b) substituted by No. 30/2022 s. 4(2).\n\n(b) waste, recycling or resource recovery services;\n\nS. 162(1)(c) repealed by No. 30/2022 s. 4(1).\n\n(d) any other prescribed service.\n\n(2) A service rate or service charge may be declared on the basis of any criteria specified by the Council in the rate or charge.\n\n","sortOrder":23},{"sectionNumber":"163","sectionType":"section","heading":"Special rate and special charge","content":"\t163 Special rate and special charge\n\n(1) A Council may declare a special rate, a special charge or a combination of both only for the purposes of—\n\n(a) defraying any expenses; or\n\n(b) repaying (with interest) any advance made to or debt incurred or loan raised by the Council—\n\nin relation to the performance of a function or the exercise of a power of the Council, if the Council considers that the performance of the function or the exercise of the power is or will be of special benefit to the persons required to pay the special rate or special charge.\n\nS. 163(1A) inserted by No. 27/1997  \ns. 10.\n\n(1A) A Council must not make a declaration under subsection (1) unless it has given public notice of its intention to make the declaration at least 28 days before making the declaration.\n\nS. 163(1B) inserted by No. 27/1997  \ns. 10.\n\n(1B) In addition to any other requirements specified by this Act, the public notice must—\n\n(a) contain an outline of the proposed declaration; and\n\n(b) set out the date on which it is proposed to make the declaration; and\n\nS. 163(1B)(c) amended by Nos 109/2003 s. 80(1), 30/2022 s. 6(1).\n\n(c) advise that copies of the proposed declaration are available for inspection at the Council office for at least 28 days after the publication of the notice; and\n\nS. 163(1B)(d) inserted by No. 30/2022 s. 6(2).\n\n(d) advise that the proposed declaration will expire if the special rate or special charge is not levied to each person liable to pay it within 12 months after the day on which the declaration to which the rate or charge relates is made.\n\nS. 163(1C) inserted by No. 109/2003 s. 80(2).\n\n(1C) A Council must send a copy of the public notice to each person who will be liable to pay the special rate or special charge within 3 working days of the day on which the public notice is published.\n\nS. 163(2) substituted by No. 109/2003 s. 81(1).\n\n(2) Before making a declaration under subsection (1), the Council must determine—\n\n(a) the total amount of the special rates and special charges to be levied; and\n\n(b) the criteria to be used as the basis for declaring the special rates and special charges.\n\nS. 163(2A) inserted by No. 109/2003 s. 81(1).\n\n(2A) For the purpose of subsection (2)(a) the total amount of the special rates and special charges to be levied must not exceed the amount calculated in accordance with the formula—\n\nR × C = S\n\nR is the benefit ratio determined by the Council in accordance with subsection (2B);\n\nC is the total cost of the performance of the function or the exercise of the power under subsection (1);\n\nS is the maximum total amount that may be levied from all the persons who are liable to pay the special rates or special charges.\n\nS. 163(2B) inserted by No. 109/2003 s. 81(1).\n\n(2B) The benefit ratio is the estimated proportion of the total benefits of the scheme to which the performance of the function or the exercise of the power relates, including special benefits and community benefits, that will accrue as special benefits to all the persons who are liable to pay the special rates or special charges.\n\nS. 163(2BA) inserted by No. 67/2008 s. 56.\n\n(2BA) A Council must not make a declaration under subsection (1) which has been altered from the proposed declaration specified in the public notice if the effect of the alteration is to increase the liability of any person to pay the special rate or special charge to be imposed by the proposed declaration unless—\n\n(a) the alteration is made in response to a submission or objection received by the Council in response to the proposed declaration; and\n\n(b) the increase in the liability of any person to pay the special rate or special charge does not exceed 10%.\n\nS. 163(2C) inserted by No. 109/2003 s. 81(1).\n\n(2C) The Minister may make guidelines for the purposes of subsections (2), (2A) and (2B).\n\nS. 163(2D) inserted by No. 109/2003 s. 81(1).\n\n(2D) Guidelines made under subsection (2C) must be published in the Government Gazette.\n\nS. 163(3) amended by No. 109/2003 s. 81(2).\n\n(3) The Council must specify in the declaration—\n\n(a) the wards, groups, uses or areas for which the special rate or special charge is declared; and\n\nS. 163(3)(ab) inserted by No. 109/2003 s. 81(3).\n\n(ab) a description of the function to be performed or the power to be exercised; and\n\nS. 163(3)(ac) inserted by No. 109/2003 s. 81(3).\n\n(ac) the total cost of the performance of the function or the exercise of the power; and\n\nS. 163(3)(ad) inserted by No. 109/2003 s. 81(3).\n\n(ad) the total amount of the special rates and special charges to be levied; and\n\n(b) the land in relation to which the special rate or special charge is declared; and\n\n(c) the manner in which the special rate or special charge will be assessed and levied; and\n\nS. 163(3)(d) amended by No. 30/2022 s. 6(3).\n\n(d) details of the period for which the special rate or special charge remains in force; and\n\nS. 163(3)(e) inserted by No. 30/2022 s. 6(4).\n\n(e) that the declaration expires if the special rate or special charge is not levied to each person liable to pay it within 12 months after the day on which the declaration to which the rate or charge relates is made.\n\nS. 163(4) substituted by No. 30/2022 s. 6(5).\n\n(4) A Council must—\n\n(a) levy a special rate or special charge within 12 months after the day on which the declaration under subsection (1) to which the rate or charge relates is made; and\n\n(b) levy the special rate or special charge by sending a notice to each person liable to pay it.\n\nS. 163(4A) inserted by No. 30/2022 s. 6(5).\n\n(4A) If a special rate or special charge is not levied to  each person liable to pay it within 12 months after the day on which the declaration to which the rate or charge relates is made, the declaration expires.\n\nS. 163(5) amended by No. 30/2022 s. 6(6).\n\n(5) The notice under subsection (4)(b) must contain—\n\n(a) the prescribed information; and\n\n(b) a statement about when the special rate or special charge is payable; and\n\n(c) details of the period for which the special rate or special charge remains in force.\n\n(6) A Council may use the money from a special rate or special charge for any or all of the following—\n\n(a) any purpose for which the rate or charge was made and the purchase of land and materials required for that purpose (including land acquired before the Council declared the rate or charge);\n\n(b) repayment of money borrowed for anything mentioned in paragraph (a) and of interest on that money;\n\n(c) maintenance and repair of damage, management, advertising or security; and\n\n(d) any expenses related—\n\n(i) to anything mentioned in paragraphs (a) to (c); or\n\n(ii) to the declaration or levying of the rate or charge.\n\n(7) If a private street (within the meaning of section 575(1) of the **Local Government Act 1958**) is constructed wholly or partly at the cost of the owners or occupiers of any land which abuts or fronts the street, the Council may not at any future time recover any further costs in respect of the construction of a component of the private street if that component has been previously constructed to the satisfaction of the Council from the owners or occupiers of the land under this section by way of a special rate or special charge.\n\n(8) For the purposes of subsection (7) and section 221(6), ***construct*** and ***component*** have the same meanings as in section 12 of the **Local Government (Consequential Provisions) Act 1989**.\n\nS. 163(9) inserted by No. 67/2008 s. 56(2).\n\n(9) For the purposes of subsections (1) and (6), ***expenses*** does not include any expenses incurred or anticipated to be incurred which relate to any proceedings or anticipated proceedings before VCAT, including an application for review under section 185 or an application for a declaration under section 185AA.\n\nS. 163A inserted by No. 34/1996 s. 21, substituted by No. 27/1997  \ns. 11.\n\n","sortOrder":24},{"sectionNumber":"163A","sectionType":"section","heading":"Submissions concerning special rates and charges","content":"\t163A Submissions concerning special rates and charges\n\nA person may make a submission under section 223 in relation to a Council's proposal to make a declaration under section 163.\n\nS. 163B inserted by No. 109/2003 s. 82.\n\n","sortOrder":25},{"sectionNumber":"163B","sectionType":"section","heading":"Objection process relating to certain special rates and charges","content":"\t163B Objection process relating to certain special rates and charges\n\n(1) Subject to subsection (2), a Council can only make a declaration under section 163(1) to levy a special rate or special charge to recover an amount that exceeds two thirds of the total cost of the performance of the function or the exercise of the power in accordance with this section.\n\n(2) This section does not apply if the scheme to which the performance of the function or the exercise of the power relates is—\n\n(a) a drainage scheme that the Council has declared is required for reasons of public health; or\n\n(b) a scheme of a type prescribed by the regulations as a scheme to which this section does not apply.\n\n(3) Before a Council can make a declaration to which this section applies, the Council must in the public notice to be published under section 163(1A) state—\n\n(a) which persons have a right to object to the proposed declaration; and\n\n(b) how those persons may object; and\n\n(c) that objections in writing must be lodged with the Council within 28 days of the day on which the public notice is published.\n\n(4) Any person who will be required to pay the special rate or special charge to be imposed by the proposed declaration is entitled to exercise the right of objection conferred by this section.\n\n(5) For the purposes of subsection (4), a person who is an occupier is entitled to exercise the right of objection conferred by this section if the person submits documentary evidence with the objection which shows that it is a condition of the lease under which the person is an occupier that the occupier is to pay the special rate or special charge.\n\nS. 163B(6) amended by No. 67/2008 s. 57.\n\n(6) A Council can not make a declaration if the Council receives objections from persons who will be required to pay the special rate or special charge in respect of a majority of the rateable properties in respect of which the special rate or special charge would be imposed.\n\n(7) The right of objection conferred by this section is in addition to the right to make a submission under section 163A but if the Council receives objections from persons who will be required to pay the special rate or special charge in respect of a majority of the rateable properties in respect of which the special rate or special charge would be imposed, the Council can discontinue the process under that section.\n\n","sortOrder":26},{"sectionNumber":"164","sectionType":"section","heading":"Discontinuance of the works and projects for a special rate or special charge","content":"\t164 Discontinuance of the works and projects for a special rate or special charge\n\n(1) After complying with the procedure for the levying of a special rate or special charge a Council may—\n\n(a) discontinue the whole or part of any purpose for which it is charging the special rate or special charge; or\n\n(b) resolve not to proceed with the purchase of any land for any such purpose.\n\n(2) A Council must ensure that those persons who are liable to pay a special rate or special charge referred to in subsection (1) are notified of any decision under that subsection.\n\n","sortOrder":27},{"sectionNumber":"165","sectionType":"section","heading":"Receipt of excess money","content":"\t165 Receipt of excess money\n\nIf a Council receives more money than it requires from the special rate or special charge, it must make a refund which is proportionate to the contributions received by the Council to the current owners of the relevant land.\n\n","sortOrder":28},{"sectionNumber":"166","sectionType":"section","heading":"Variation of special rate or special charge","content":"\t166 Variation of special rate or special charge\n\n(1) A special rate or special charge—\n\n(a) remains in force for the period specified in the declaration of it without any further declaration in any subsequent year; and\n\n(b) may be varied in relation to—\n\n(i) the amount to be paid; and\n\n(ii) the persons on whom it is levied (except as is specifically provided under section 178 or 180); and\n\n(iii) the land to which it applies.\n\n(2) A Council must ensure that those persons who are liable to pay a special rate or special charge which is varied are notified if it is varied.\n\nS. 166(3) inserted by No. 109/2003 s. 83.\n\n(3) If a variation of a special rate or special charge will result in—\n\n(a) persons being required to pay a special rate or special charge who were not previously required to do so; or\n\nS. 166(3)(b) amended by No. 67/2008 s. 58.\n\n(b) an increase equal to or greater than 10% in the amount of the special rate or special charge payable by a person—\n\na Council must comply with subsections (1A), (1B) and (1C) of section 163 as if the variation were a declaration.\n\nS. 166(4) inserted by No. 109/2003 s. 83.\n\n(4) If subsection (3) applies, a person may make a submission under section 223.\n\n","sortOrder":29},{"sectionNumber":"Div 2","sectionType":"division","heading":"Payment of rates and charges","content":"Division 2—Payment of rates and charges\n\n","sortOrder":30},{"sectionNumber":"167","sectionType":"section","heading":"Payment of rates and charges","content":"\t167 Payment of rates and charges\n\nS. 167(1) substituted by Nos 22/1992 s. 15(b), 27/1997 s. 12.\n\n(1) A Council must allow a person to pay a rate or charge (other than a special rate or charge) in 4 instalments.\n\nS. 167(2) substituted by Nos 22/1992 s. 15(b), 27/1997 s. 12.\n\n(2) An instalment is due and payable on the date fixed by the Minister by notice published in the Government Gazette.\n\nS. 167(2A) inserted by No. 22/1992 s. 15(b), amended by No. 99/1994 s. 3(2)(d), substituted by No. 27/1997  \n\n(2A) A Council may allow a person to pay a rate or charge in a lump sum.\n\nS. 167(2B) inserted by No. 27/1997  \n\n(2B) If allowed, a lump sum payment of general rates, municipal charges, service rates or service charges is due and payable on the date fixed by the Minister by notice published in the Government Gazette.\n\nS. 167(2C) inserted by No. 27/1997  \n\n(2C) Any notice published by the Minister under subsection (2) or (2B)(or any variation of such a notice) must be published at least 3 months before the start of the financial year in respect of which the rate or charge is levied.\n\nS. 167(3) amended by No. 67/2008 s. 59(1).\n\n(3) A special rate or special charge is due and must be paid by the date specified in the notice requiring payment, which is a date not less than 28 days after the date of issue of a notice.\n\nS. 167(4) substituted by No. 67/2008 s. 59(2).\n\n(4) A person who is liable to pay a special rate or special charge must pay the special rate or special charge—\n\n(a) as a lump sum; or\n\n(b) if the Council has provided an instalment plan and the person has elected to pay the special rate or special charge in accordance with the instalment plan, in accordance with the instalment plan.\n\nS. 167(5) repealed by No. 22/1992 s. 15(c), new s. 167(5) inserted by No. 67/2008 s. 59(2).\n\n(5) If the performance of the function or the exercise of the power in respect of which a special rate or special charge is to be levied relates substantially to capital works, the Council must provide an instalment plan in accordance with subsection (6).\n\nS. 167(6) inserted by No. 67/2008 s. 59(2).\n\n(6) An instalment plan—\n\n(a) must provide for instalments to be paid over a period of at least 4 years;\n\n(b) may include in the amount of an instalment a component for reasonable interest costs the total of which must not exceed the estimated borrowing costs of the Council in respect of the performance of the function or the exercise of the power in respect of which the special rate or special charge is to be levied by more than 1%.\n\n","sortOrder":31},{"sectionNumber":"168","sectionType":"section","heading":"Incentives for prompt payment","content":"\t168 Incentives for prompt payment\n\n(1) At the meeting at which a Council declares any rates or charges, the Council may declare that incentives are to be given by it for the payment of those rates and charges before the due date and must include in the declaration details of the circumstances in which an incentive will be given.\n\n(2) A notice requiring payment of a rate or charge must specify any incentives.\n\n","sortOrder":32},{"sectionNumber":"169","sectionType":"section","heading":"Rebates and concessions","content":"\t169 Rebates and concessions\n\n(1) A Council may grant a rebate or concession in relation to any rate or charge—\n\n(a) to assist the proper development of the municipal district; or\n\n(b) to preserve buildings or places in the municipal district which are of historical or environmental interest; or\n\n(c) to restore or maintain buildings or places of historical, environmental, architectural or scientific importance in the municipal district; or\n\n(d) to assist the proper development of part of the municipal district.\n\nS. 169(1AA) inserted by No. 30/2022 s. 7(1).\n\n(1AA) In addition to the power in subsection (1), a Council may grant a rebate or concession in relation to any rate or charge if—\n\n(a) the land in relation to which the rate or charge applies is being used for a public benefit; and\n\n**Examples**\n\nExamples of a public benefit are charitable, religious, educational or social support services.\n\n(b) that land is being used for the direct provision of goods or services to the public, or a substantial portion of the public, free of charge or for a nominal charge; and\n\n(c) that land is not used, or will not be used, primarily for the purposes of the distribution of profit to an owner*,* member or shareholder of an entity, whether—\n\n(i) as part of the operation of the entity; or\n\n(ii) from winding up the entity; or\n\n(iii) from the estimated annual value of the land.\n\nS. 169(1A) inserted by No. 109/2003 s. 84(1), amended by No. 30/2022 s. 7(2).\n\n(1A) A Council resolution granting a rebate or concession under this section must specify the benefit to the community as a whole resulting from the rebate or concession.\n\nS. 169(1B) inserted by No. 109/2003 s. 84(1), amended by No. 64/2009 s. 57(1).\n\n(1B) Unless subsection (1D) applies, a Council may only grant a rebate or concession—\n\n(a) to owners of specified rateable properties not exceeding one third of the rateable properties in the municipal district; or\n\n(b) to owners of rateable properties who undertake to satisfy terms that directly relate to the community benefit as are specified by the Council.\n\nS. 169(1C) inserted by No. 109/2003 s. 84(1), amended by No. 67/2008 s. 60.\n\n(1C) If subsection (1B)(a) applies and subsection (1B)(b) does not apply, a person may make a submission under section 223.\n\nS. 169(1D) inserted by No. 64/2009 s. 57(2), amended by No. 30/2022 s. 7(3).\n\n(1D) Without limiting subsection (1) or (1AA), a Council may grant a rebate or concession in relation to any rate or charge, to support the provision of affordable housing, to a registered agency.\n\nS. 169(2) amended by No. 109/2003 s. 84(2).\n\n(2) If a person granted a rebate or concession has not complied with the terms on which the rebate or concession was granted, the Council must by a notice sent to the person—\n\n(a) require the payment of the whole or part of the rate or charge by a specified date; and\n\n(b) require the payment of interest for the late payment of the rate or charge, as if the rebate or concession had not been granted.\n\nS. 169(3) inserted by No. 64/2009 s. 57(3), substituted by No. 30/2022 s. 7(4).\n\n***estimated annual value***  has the same meaning as it has in the **Valuation of Land Act 1960**;\n\n***registered agency*** has the same meaning as it has in section 4(1) of the **Housing Act 1983**.\n\n","sortOrder":33},{"sectionNumber":"170","sectionType":"section","heading":"Deferred payment","content":"\t170 Deferred payment\n\n(1) A Council may defer in whole or in part the payment by a person of any rate or charge which is due and payable for a specified period and subject to any conditions determined by the Council if it considers that an application by that person shows that the payment would cause hardship to the person.\n\n(2) On deferral of the payment the person who is liable to make the payment is not liable until the Council sends the person a notice under subsection (3).\n\n(3) A Council may by a notice sent to a person—\n\n(a) require that person to pay the whole or part of any deferred rate or charge by a specified date if—\n\n(i) it considers that the person's circumstances have so changed that the payment would no longer cause hardship to the person; or\n\n(ii) the person no longer owns or occupies the land in relation to which the rate or charge was levied; and\n\n(b) require the payment of interest for the late payment of the rate or charge, as if the deferral had not occurred.\n\n","sortOrder":34},{"sectionNumber":"171","sectionType":"section","heading":"Waiver","content":"\t171 Waiver\n\nS. 171(1) substituted by No. 109/2003 s. 85.\n\n(1) The Council may waive the whole or part of any rate or charge or interest in relation to—\n\n(a) an eligible recipient under subsection (4); or\n\n(b) any other class of persons determined by the Council for the purpose of waiving rates or charges on the grounds of financial hardship.\n\nS. 171(2) substituted by No. 109/2003 s. 85.\n\n(2) A resolution of the Council for the purposes of subsection (1)(b) must include the objectives to be achieved by the waiver.\n\nS. 171(3) repealed by No. 109/2003 s. 85.\n\nS. 171(4) amended by Nos 78/1991 s. 7(1), 82/2004 s. 13(Sch. item 5.1).\n\n(4) The following provisions apply to the waiver of the whole or part of any rates or charges or interest in relation to eligible recipients  within the meaning of the **State Concessions Act 2004** who are entitled to be granted a concession under a relevant concession order made under that Act—\n\nS. 171(4)(a) repealed by No. 82/2004 s. 13(Sch. item 5.2).\n\nS. 171(4)(b) amended by No. 13/1990 s. 19(a).\n\n(b) a person may only apply for a waiver in respect of rateable land or a part of rateable land which is used exclusively for residential purposes by that person and is that person's sole or principal place of residence;\n\nS. 171(4)(ba) inserted by No. 78/1991 s. 7(2).\n\n(ba) in addition, if the person does not own the land or part, he or she may only apply for a waiver if—\n\n(i) he or she is liable to pay those rates or charges or interest (or an amount in place of, or on account of, those rates or charges or interest), whether under an agreement with the owner or for any other reason; or\n\n(ii) he or she holds a residence right in a retirement village (as defined in the **Retirement Villages Act 1986**); or\n\n(iii) he or she made a valid application in respect of the land under section 298(1A) of the **Local Government Act 1958**, or continued to have a valid application under section 298(1AC) of that Act, in the 12 months immediately before the commencement of this section;\n\nS. 171(4)(c) amended by No. 82/2004 s. 13(Sch. item 5.3).\n\n(c) a person may make only one application for each rating period in respect of the same rateable land or same part of rateable land;\n\nS. 171(4)(d) substituted by No. 13/1990 s. 19(b), amended by Nos 99/1994 s. 3(2)(e), 11/2002 s. 3(Sch. 1 item 42), 82/2004 s. 13(Sch. item 5.4(a)(b)).\n\n(d) an application must be in the form approved by the Minister administering the **State Concessions Act 2004** and must be made on or before 30 April in the financial year in respect of the rate or charge for which the waiver is sought, but the Minister administering the **State Concessions Act 2004** may approve late applications or extend the closing date for applications, either generally or specifically;\n\nS. 171(4)(e) amended by No. 82/2004 s. 13(Sch. item 5.5).\n\n(e) the Council must, on receipt of an application which complies with this subsection, waive the amount which is in accordance with the concession order;\n\nS. 171(4)(f) amended by Nos 13/1990 s. 19(c)(i)(ii), 82/2004 s. 13(Sch. item 5.6).\n\n(f) subject to the approval of the Minister administering the **State Concessions Act 2004**, a Council which waives an amount in respect of rateable land or a part of rateable land under this subsection may decide to treat the person who was granted the waiver as having made a continuing application for a waiver in respect of the rateable land or part, unless the person advises the Council that a waiver is no longer sought.\n\nS. 171(5) substituted by No. 82/2004 s. 13(Sch. item 5.7).\n\n(5) The Council must not in respect of a person waive an amount under subsection (4) which exceeds the amount paid to the Council by the Government of Victoria in respect of that person.\n\nS. 171(5AA) inserted by No. 82/2004 s. 13(Sch. item 5.7).\n\n(5AA) An Order under subsection (4)(a) as in force immediately before the commencement of the **State Concessions Act 2004** is deemed to be a concession order within the meaning of that Act in relation to rates, charges or interest payable under this Act until a relevant concession order under that Act is made.\n\nS. 171(5A) inserted by No. 78/1991 s. 7(3).\n\n(5A) The Council may also waive an amount of rate or charge or interest payable by a person if the person has a legally enforceable right to recover that amount (whether directly or indirectly) from an eligible recipient who would be eligible to apply for a waiver of that amount under subsection (4) if that eligible recipient was liable to the Council for that amount.\n\nS. 171(5B) inserted by No. 78/1991 s. 7(3).\n\n(5B) The Council may only waive the amount under subsection (5A) on the application of the eligible recipient.\n\n(6) A person who—\n\n(a) gives to a Council any information which is false or misleading in any material particular in respect of an application under this section; or\n\n(b) fails to notify a Council of any change in circumstances which is relevant to an application or to a waiver granted under this section—\n\nis guilty of an offence.\n\nS. 171A inserted by No. 109/2003 s. 86.\n\n","sortOrder":35},{"sectionNumber":"171A","sectionType":"section","heading":"Waiver by application—financial hardship","content":"\t171A Waiver by application—financial hardship\n\n(1) A person who—\n\n(a) is suffering financial hardship; or\n\n(b) would suffer financial hardship if that person paid the full amount of a rate or charge for which he or she is liable—\n\nmay apply to a Council for the waiver of the whole or part of any rate or charge or of any interest imposed for late payment.\n\n(2) The Council may require the applicant—\n\n(a) to give further particulars; or\n\n(b) to verify particulars—\n\nin relation to the application.\n\n(3) The Council may grant an application if the Council is satisfied that the applicant is a person who is suffering financial hardship if that person paid the full amount of the rate or charge for which he or she is liable.\n\n(4) A person who—\n\n(a) gives to a Council any information which is false or misleading in any material particular in respect of an application under this section; or\n\n(b) fails to notify a Council of any change in circumstances which is relevant to an application or to a waiver granted under this section—\n\nis guilty of an offence.\n\nS. 171B inserted by No. 30/2022 s. 9.\n\n **171B Payment plans for unpaid rates or charges**\n\n(1) On the application of a person, a Council may enter into a plan with the person for the payment of a rate or charge (including interest charged under section 172)—\n\n(a) which the person is liable to pay; and\n\n(b) which has not been paid by the date specified for payment.\n\n(2) Without limiting subsection (1), a payment plan may be for an unpaid rate or charge—\n\n(a) that is being paid in instalments; or\n\n(b) for which payment was deferred under section 170; or\n\n(c) that was waived in part under section 171 or 171A.\n\n(3) The Council may determine—\n\n(a) the duration of the payment plan; and\n\n(b) the amount of each payment plan instalment; and\n\n(c) the frequency of payment plan instalments; and\n\n(d) any other terms.\n\n(4) A payment plan must specify—\n\n(a) the matters determined by the Council under subsection (3); and  \n\n(b) any prescribed matters.\n\n(5) Subject to subsection (6), a payment plan for a special rate or special charge may include, in the amount of each payment plan instalment, a component for reasonable interest costs the total of which must not exceed by more than 1% the estimated borrowing costs of the Council in respect of the performance of the function or the exercise of the power for which the special rate or charge is levied.\n\n(6) A component for reasonable interest costs referred to in subsection (5) must not be included if—\n\n(a) the payment plan relates to an instalment plan under section 167; and\n\n(b) the instalment plan included reasonable interest costs charged in accordance with section 167(6)(b).\n\n(7) The Council may cancel a payment plan at any time if the person is not complying with the terms of the plan.\n\n(8) If a payment plan is cancelled under subsection (7), the amount owing becomes due and payable and may be recovered by the Council in accordance with section 180.\n\nSection 180A(4) prevents a Council from commencing a proceeding under section 180(1) for an unpaid rate or charge that was subject to a payment plan unless it has been at least 24 months since the payment plan was cancelled.\n\n","sortOrder":36},{"sectionNumber":"172","sectionType":"section","heading":"Council may charge interest on unpaid rates and charges","content":"\t172 Council may charge interest on unpaid rates and charges\n\nS. 172(1) amended by No. 30/2022 s. 10(1).\n\n(1) Subject to subsection (1A), a Council may require a person to pay interest on any amounts of rates and charges—\n\n(a) which that person is liable to pay; and\n\nS. 172(1)(b) amended by No. 22/1992 s. 15(d), substituted by Nos 27/1997  \ns. 13(1), 30/2022 s. 10(2).\n\n(b) which have not been paid—\n\n(i) by the date specified for payment under section 167; or\n\n(ii) in the case of a late notice, by the date specified for payment under section 158(4B); or\n\n(iii) in the case of a payment plan instalment, by the date specified in the payment plan.\n\nS. 172(1A) inserted by No. 30/2022 s. 10(3).\n\n(1A) Interest must not be charged on any component of an unpaid amount that is interest already charged under this Act.\n\nS. 172(2) amended by No. 78/1991 s. 8(1), substituted by No. 27/1997  \n\n(2) The interest—\n\nS. 172(2)(a) amended by No. 30/2022 s. 16.\n\n(a) is to be calculated at or below the rate fixed by the Minister under section 172A(1) that applied on the first day of July immediately before the due date for the payment; and\n\n(b) becomes payable—\n\n(i) if the payment was payable in instalments only, on and from the date on which the missed instalment was due; or\n\n(ii) if the payment was payable either in instalments or in a lump sum and the first instalment was paid by the date it was due, on and from the date on which the relevant subsequent missed instalment was due; or\n\nS. 172(2)(b)(iii) substituted by No. 63/2012 s. 22.\n\n(iii) if the payment was payable either in instalments or in a lump sum, and neither the first instalment nor the lump sum were paid by the dates the first instalment or the lump sum were due, on and from the date on which each missed instalment was due; and\n\n(c) continues to be payable until the payment or the recovery of the rates or charges.\n\nS. 172(2A) inserted by No. 78/1991 s. 8(2), substituted by No. 27/1997  \n\n(2A) The Council may continue to require a person to pay interest in accordance with this section after it obtains a court order requiring the payment of the rates and charges payable (but only until the payment or the recovery of the rates or charges).\n\nS. 172(2B)(2C) inserted by No. 78/1991 s. 8(2), repealed by No. 27/1997  \n\n(3) A Council may exempt any person from paying the whole or part of any interest either generally or specifically.\n\n(4) A Council may recover interest due to it on rates and charges in the same way as it may recover the rates or charges.\n\nS. 172A inserted by No. 30/2022 s. 17.\n\n","sortOrder":37},{"sectionNumber":"172A","sectionType":"section","heading":"Maximum rate of interest charged on unpaid rates and charges","content":"\t172A Maximum rate of interest charged on unpaid rates and charges\n\n(1) The Minister must fix a maximum rate of interest that may be calculated under section 172(2)(a) by notice published in the Government Gazette.\n\n(2) The Minister may fix the maximum rate of interest from time to time.\n\n(3) A notice under subsection (1) takes effect on 1 July of the next financial year following the publication of the notice.\n\n(4) Before determining the maximum rate of interest to be fixed under subsection (1), the Minister must—\n\n(a) consult with the Minister responsible for administering the **Essential Services Commission Act 2001**; and\n\n(b) request advice from the Essential Services Commission and have regard to that advice.\n\n(5) The Essential Services Commission—\n\n(a) must provide advice to the Minister if a request is made under subsection (4)(b); and\n\n(b) in providing that advice, must consider—\n\n(i) the needs of ratepayers facing financial hardship; and\n\n(ii) the need for disincentives for late payment of rates and charges for those not facing financial hardship; and\n\n(iii) the financing costs incurred by Councils; and\n\n(iv) prevailing commercial rates of interest.\n\n","sortOrder":38},{"sectionNumber":"173","sectionType":"section","heading":"Land becoming or ceasing to be rateable land","content":"\t173 Land becoming or ceasing to be rateable land\n\nS. 173(1) amended by No. 99/1994 s. 3(2)(f).\n\n(1) If land becomes rateable land after 1 July in any financial year, the rate or charge which is payable on that land for the financial year is the amount which is proportionate to the part of that financial year remaining after the land becomes rateable land.\n\n(2) If land ceases to be rateable land during a financial year for which a rate or charge has been levied on it, a Council must—\n\n(a) if any payment of the rate or charge has been made, refund to the current owner of the land an amount proportionate to the part of that financial year remaining after the land ceases to be rateable land; or\n\n(b) if none of the rate or charge has been paid, require the person who is required to pay the rate or charge to only pay an amount proportionate to the part of that financial year before the land ceases to be rateable land.\n\nS. 174 repealed by No. 76/1997  \ns. 16.\n\nS. 174A inserted by No. 13/1990 s. 20.\n\n","sortOrder":39},{"sectionNumber":"174A","sectionType":"section","heading":"Land which ceases to be urban farm land or residential use land","content":"\t174A Land which ceases to be urban farm land or residential use land\n\nIf rateable land ceases to be urban farm land or residential use land the following provisions apply—\n\n(a) the person who is liable to pay the rates and charges on that land immediately after it ceases to be urban farm land or residential use land must pay to the relevant Council the sum of money specified in paragraph (b);\n\n(b) the sum payable is the difference between—\n\n(i) the rates and charges and any amount in lieu of rates or charges which were paid or payable for the land for the period since the rateable land became urban farm land or residential use land or the period of 5 years (whichever is the lesser period); and\n\n(ii) the rates and charges and any amount in lieu of rates and charges which would have been payable for the land for the relevant period under subparagraph (i) if the rateable land had not been urban farm land or residential use land during that period;\n\n(c) the Council may exempt any person from paying the whole or part of the sum of money specified in paragraph (b).\n\n","sortOrder":40},{"sectionNumber":"175","sectionType":"section","heading":"Person acquiring rateable land","content":"\t175 Person acquiring rateable land\n\nS. 175(1) amended by No. 34/1996 s. 23(1).\n\n(1) A person who becomes the owner of rateable land must pay—\n\n(a) any rate or charge on the land which is current; and\n\n(b) any arrears of rates or charges (including any interest on those rates or charges) on the land which are due and payable.\n\nS. 175(1AA) inserted by No. 109/2003 s. 87.\n\n(1AA) If a Council has obtained an award for legal costs in relation to any rate or charge owing by the previous owner of the rateable land, subsection (1) applies to the amount of legal costs remaining unpaid as if the legal costs were arrears of rates and charges.\n\nS. 175(1A) inserted by No. 34/1996 s. 23(2).\n\n(1A) If the previous owner of the rateable land had been paying any rate or charge by instalments at the time the ownership of the land changed, the person who becomes the owner of the land may continue the payment of that rate or charge by instalments.\n\nS. 175(1B) inserted by No. 34/1996 s. 23(2).\n\n(1B) The person who becomes the owner of rateable land may also pay a rate or charge by instalments if the previous owner could have paid it by instalments and the person becomes the owner of the land before the date the first instalment falls due.\n\nS. 175(1C) inserted by No. 34/1996 s. 23(2).\n\n(1C) In all other cases, the person who becomes the owner of rateable land must pay any amount due under subsection (1)—\n\n(a) by the date it was due to have been paid by the previous owner of the land; or\n\n(b) if that date has already passed, immediately after the person becomes the owner of the land.\n\nS. 175(1D) inserted by No. 34/1996 s. 23(2), amended by No. 30/2022 s. 11.\n\n(1D) Subsections (1A) and (1B)—\n\n(a) do not apply to instalment payments or payment plans relating to rates or charges that are in arrears; and\n\n(b) are not to be read as enabling a new owner to obtain the benefit of any concessional rate or charge that the new owner is not entitled to in her, his or its own right.\n\nS. 175(2) amended by No. 13/1990 s. 21.\n\n(2) If there is any inconsistency between—\n\n(a) the amount claimed by a Council or any person to be arrears under subsection (1)(b) in respect of a specific period; and\n\n(b) the amount appearing on a certificate issued under section 229 as the arrears in respect of that period—\n\nthe Council to whom the arrears are payable may recover an amount which is not more than the amount appearing on the certificate and interest which has accrued on the amount appearing on the certificate since the issue of the certificate.\n\nS. 176 repealed by No. 22/1992 s. 16.\n\n","sortOrder":41},{"sectionNumber":"177","sectionType":"section","heading":"Council may require occupier to pay rent","content":"\t177 Council may require occupier to pay rent\n\n(1) If any rate or charge is due and unpaid in relation to land, the Council may send a notice to the person who appears from the rate records of the Council to be liable to pay the rate or charge.\n\n(2) The notice must state—\n\n(a) that after 7 days from the date the notice is sent, the occupier of the land may be required by notice sent to that person to pay to the Council the rent then due or further rent as it falls due by that person for the land; and\n\n(b) that the rent must be paid to the Council until the amount of the rate or charge has been paid.\n\n(3) A payment of rent by a person under this section is a discharge of the debt for that rent and must be treated as payment of rent for the purposes of any tenancy law.\n\n(4) If a person fails to pay any or all of the rent due under this section, the Council may recover the unpaid amount as a debt due to it by that person.\n\n","sortOrder":42},{"sectionNumber":"178","sectionType":"section","heading":"Occupier who pays rates or charges","content":"\t178 Occupier who pays rates or charges\n\n(1) An occupier of any rateable land who makes any payment of a rate or charge on the land which is made under section 180 is entitled to deduct the amount from the occupier's rent.\n\n(2) Subsection (1) does not apply if the occupier has agreed to pay any rate or charge on that land.\n\n","sortOrder":43},{"sectionNumber":"179","sectionType":"section","heading":"Invalidity of any rate or charge","content":"\t179 Invalidity of any rate or charge\n\n(1) The invalidity of the whole or any part of a rate or charge is not a defence in any proceedings involving a claim for recovery of the rate or charge unless the rate or charge has been quashed in any other proceedings.\n\nS. 179(2) amended by Nos 99/1994 s. 3(2)(g), 5/2014  \ns. 14.\n\n(2) A rate or charge is not invalid only by reason of it being declared after 30 June.\n\n","sortOrder":44},{"sectionNumber":"180","sectionType":"section","heading":"Unpaid rate or charge","content":"\t180 Unpaid rate or charge\n\nS. 180(1) amended by Nos 57/1989 s. 5(4), 27/1997 s. 14, 30/2022 s. 12.\n\n(1) Subject to section 180A, if a rate or charge (including any instalment or any part of a rate or charge) remains unpaid after it is due and payable, the Council may recover it in the Magistrates' Court or by suing for debt.\n\n(2) If any rate or charge is recovered from an owner of rateable land and an agreement with the owner of the land states that the occupier of the land must pay any rate or charge, the owner may recover the rate or charge from the occupier in the same manner in which the owner may recover rent owing to that owner.\n\n(3) An occupier who pays any rate or charge under this section need not pay more than the amount of rent owed by the occupier at the time of the demand or the payment.\n\n(4) Subsection (3) does not apply—\n\n(a) if the occupier has agreed to pay any rate or charge; or\n\n(b) if, after the Council requests that the occupier disclose the rent and the name and address of the person to whom it is payable, the occupier does not do so.\n\n(5) For the purposes of this section, the occupier has the burden of proof of showing that—\n\n(a) the occupier had not agreed to pay any rate or charge; and\n\n(b) the amount of any rate or charge to be paid on any land by that occupier is more than the rent owed by the occupier for the land.\n\nS. 180A inserted by No. 30/2022 s. 13.\n\n","sortOrder":45},{"sectionNumber":"180A","sectionType":"section","heading":"Council must not commence proceeding for recovery of unpaid debt in certain circumstances","content":"\t180A Council must not commence proceeding for recovery of unpaid debt in certain circumstances\n\n(1) A Council must not commence a proceeding under section 180(1) for an unpaid rate or charge that has not been deferred under section 170 or has not been the subject of a payment plan unless—\n\n(a) the Council, in writing—\n\n(i) notifies the person liable to pay the rate or charge of the arrears; and\n\n(ii) advises the person of the payment options available including deferrals and payment plans; and\n\n(b) it has been at least 24 months since the person was notified and advised in accordance with paragraph (a) and the person has not deferred payment, entered into a payment plan or used any other available payment option.\n\n(2) A Council must not commence a proceeding under section 180(1) for an unpaid rate or charge that has been deferred under section 170 unless—\n\n(a) the Council has sent a notice under section 170(3); and\n\n(b) the person has failed to make payment as required by the notice.\n\n(3) A Council must not commence a proceeding under section 180(1) for an unpaid rate or charge that is subject to a payment plan.\n\nA Council may cancel a payment plan at any time if the person is not complying with the terms of the plan—see section 171B(7).\n\n(4) A Council must not commence a proceeding under section 180(1) for an unpaid rate or charge that was subject to a payment plan unless it has been at least 24 months since the plan was cancelled.\n\nS. 181 amended by Nos 13/1990  \ns. 22, 78/1991 s. 9(a)(b), 91/1994  \ns. 36(6), substituted by No. 27/1997  \ns. 15.\n\n","sortOrder":46},{"sectionNumber":"181","sectionType":"section","heading":"Council may sell land to recover unpaid rates or charges","content":"\t181 Council may sell land to recover unpaid rates or charges\n\n(a) any amount due to a Council for, or in respect of, rates or charges (including enforcement costs and interest) in respect of any rateable land is more than 3 years overdue; and\n\nS. 181(1)(b) amended by No. 30/2022 s. 14(1).\n\n(b) no current arrangement, including a payment plan, exists for the payment of the amount to the Council; and\n\n(c) the Council has a Court order requiring the payment of the amount (or part of the amount).\n\n(2) The Council may sell the land, or cause the land to be transferred to itself, for an amount equal to or more than the estimated value of the land as set out in a written valuation of the land by a valuer that was made not more than 6 months before the date of the sale or transfer.\n\nS. 181(3) amended by No. 94/2009 s. 31(1).\n\n(3) In subsection (2), ***valuer*** means a person who holds the qualifications or experience specified under section 13DA(2) of the **Valuation of Land Act 1960**.\n\nS. 181(4) amended by No. 30/2022 s. 14(2).\n\n(4) For the purposes of subsection (1)(b), an arrangement is not current if any term of the arrangement or the payment plan is not being complied with.\n\n(5) Before selling the land, or causing it to be transferred, the Council must—\n\n(a) if it appears from the Register kept under the **Transfer of Land Act 1958** or from any memorial in the office of the Registrar‑General that a person has an estate or interest in the land, serve on that person a notice requiring the payment of the amount referred to in subsection (1) accompanied by a copy of this section; and\n\n(b) ensure that public notice of its intention to conduct the sale, or carry out the transfer, is given; and\n\n(c) if the land is to be sold by auction, notify in writing any person who must be served with a notice under paragraph (a) of when and where the auction will be held.\n\n(6) The Council must comply—\n\n(a) with subsections (5)(a) and (b) at least 4 weeks before the date of the sale or transfer; and\n\n(b) with subsection (5)(c) at least 14 days before the date of the auction.\n\n(7) The Council may recover the following amounts from the proceeds of a sale of land (or if the land is transferred, may offset from the transfer amount the following amounts)—\n\n(a) all expenses incurred in connection with the sale or transfer;\n\n(b) the amount referred to in subsection (1) and any enforcement expenses and interest associated with that amount;\n\n(c) any other amount due to it for, or in respect of, rates or charges (including enforcement costs and interest) in respect of the land.\n\n(8) If any amount remains after the Council has recovered (or offset) everything it is permitted to recover (or offset) under subsection (7), it must then—\n\n(a) use that remaining amount to discharge, in their order of priority, any mortgages and other charges in respect of the land, whether registered or not, that it has notice of; and\n\n(b) pay any amount remaining to each person who appears to have an estate or interest in the land—\n\n(i) in accordance with that person's estate or interest; or\n\n(ii) if 2 or more people appear to have an estate or interest but it is not possible to determine from the Register or memorials how their estates or interests stand in relation to each other, in equal shares.\n\n(9) If any person who is entitled to an amount under subsection (8) cannot be found after reasonable efforts have been made to find her, him or it, the Council may use the amount for its general purposes.\n\n(10) If no person appears to have an estate or interest in land that has been sold or transferred under this section, the Council may use for its general purposes any amount that remains after it has recovered (or offset) everything it is permitted to recover (or offset) under subsection (7), and paid everything it is required to pay under subsection (8)(a).\n\n(11) If land that is sold or transferred under this section is land under the **Transfer of Land Act 1958**, the Registrar of Titles—\n\n(a) must register a transfer of land under this section if the transfer is in a form approved by her or him; and\n\n(b) must cancel any mortgages or charges registered as encumbrances on the land when registering the transfer of land; and\n\n(c) may dispense with the production of the certificate of title for the purpose of registering the transfer.\n\n(12) The registration of the transfer vests in the transferee all the estate and interest in the land.\n\nS. 181AA inserted by No. 30/2022 s. 15.\n\n\t181AA Ministerial guidelines relating to payment of rates and charges\n\n(1) The Minister may issue guidelines in relation to—\n\n(a) the meaning of hardship for the purposes of  section 170; and\n\n(b) the meaning of financial hardship for the purposes of sections 171, 171A and 172A; and\n\n(c) the content of hardship policies and financial hardship policies; and\n\n(d) the circumstances in which a Council may apply the hardship policies and financial hardship policies; and\n\n(e) the process for applying for a payment plan; and\n\n(f) the waiver of interest on unpaid rates or charges under sections 171, 171A and 172; and\n\n(g) any other matters covered by sections 170, 171, 171A, 171B, 172, 180 and 181.\n\n(2) Before issuing guidelines, the Minister must consult with—\n\n(a) the Minister responsible for administering the **Essential Services Commission Act 2001**; and\n\n(b) the Essential Services Commission.\n\n(3) A Council must comply with guidelines issued under this section.\n\n(4) The Minister must publish guidelines issued under this section—\n\n(a) in the Government Gazette; and\n\n(b) on the Department's Internet site.\n\nPt 8 Div. 2A (Heading and ss. 181A–181J) inserted by No. 39/2015 s. 4.\n\n","sortOrder":47},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Environmental upgrade agreements","content":"Division 2A—Environmental upgrade agreements\n\nS. 181A inserted by No. 39/2015 s. 4.\n\n","sortOrder":48},{"sectionNumber":"181A","sectionType":"section","heading":"Environmental upgrade agreement","content":"\t181A Environmental upgrade agreement\n\nS. 181A(1) amended by No. 9/2020 s. 363(1)(1A).\n\n(1) Subject to section 181B, the primary parties may enter into an environmental upgrade agreement in respect of rateable land with an existing building on it to fund works that improve the energy, water or environmental efficiency or sustainability of the building on that rateable land, including climate change adaptation works on the building.\n\nS. 181A(1A) inserted by No. 9/2020 s. 363(1B), amended by No. 9/2024 s. 30.\n\n(1A) For the purposes of subsection (1), ***adaptation*** and ***climate change*** have the same respective meanings as they have in section 3 of the **Climate Action Act 2017**.\n\n(2) By agreement of the primary parties to an environmental upgrade agreement, the environmental upgrade agreement may also be entered into by any other person that the primary parties consider should be a party to the environmental upgrade agreement.\n\n(3) In addition to any provisions agreed to by the primary parties and any other parties to an environmental upgrade agreement, an environmental upgrade agreement must comply with, and provide for, the matters specified in section 181D(1) to (3).\n\nS. 181B inserted by No. 39/2015 s. 4.\n\n","sortOrder":49},{"sectionNumber":"181B","sectionType":"section","heading":"Conditions to be met before Council may enter into environmental upgrade agreement","content":"\t181B Conditions to be met before Council may enter into environmental upgrade agreement\n\n(1) A Council must not enter into an environmental upgrade agreement unless—\n\nS. 181B(1)(a) repealed by No. 9/2020 s. 363(2).\n\nS. 181B(1)(b) repealed by No. 9/2020 s. 363(2).\n\nS. 181B(1)(c) repealed by No. 9/2020 s. 363(2).\n\n(d) the total amount of taxes, rates, charges and mortgages owing on the rateable land and specified in a notice from the owner under subsection (3) when added to the total value of the environmental upgrade charges as set out in the proposed agreement is an amount that does not exceed the capital improved value of the land prior to any works that would be undertaken as part of the agreement.\n\nS. 181B(1A) inserted by No. 9/2020 s. 363(3).\n\n(1A) Before entering into an environmental upgrade agreement, the owner of the rateable land may obtain the written agreement of an occupier to pay the environmental upgrade charge that will apply in respect of their occupancy.\n\n(2) The owner who intends to be a primary party to the environmental upgrade agreement must advise, in writing, any existing mortgagee in respect of the rateable land to which the agreement will apply—\n\n(a) that the owner intends to enter into an environmental upgrade agreement; and\n\n(b) of the details of all environmental upgrade charges that are expected to be declared by a Council in respect of the rateable land under the environmental upgrade agreement.\n\n(3) The owner who intends to be a primary party to the environmental upgrade agreement is further required to give a Council notice of the following details (in writing) in respect of the rateable land to which the agreement will apply—\n\n(a) details of all registered and unregistered mortgages over the rateable land including—\n\n(i) the total amount owing in respect of each mortgage; or\n\n(ii) if a relevant mortgage is held against 2 or more properties including the rateable land, the proportion of the debt secured by the mortgage that applies to the rateable land calculated in accordance with subsection (5);\n\n(b) details of all taxes, rates and charges owing on the rateable land (including the total amount owing in respect of each tax, rate or charge) imposed by or under an Act.\n\nS. 181B(4) repealed by No. 9/2020 s. 363(2).\n\n(5) For the purposes of subsection (3)(a)(ii), the proportion of the debt secured by the mortgage that applies to the rateable land must be calculated by distributing the debt between all the properties against which the mortgage is held in proportion to the relative capital improved values of the properties.\n\n(6) In this section—\n\n***existing mortgagee***, in respect of rateable land to which an environmental upgrade agreement will apply, means any holder of a mortgage for that land, whether registered or unregistered.\n\nS. 181C inserted by No. 39/2015 s. 4.\n\n","sortOrder":50},{"sectionNumber":"181C","sectionType":"section","heading":"Environmental upgrade charge","content":"\t181C Environmental upgrade charge\n\n(1) After entering into an environmental upgrade agreement a Council must, in accordance with the conditions of that agreement, declare an environmental upgrade charge or 2 or more environmental upgrade charges (as the case requires) in respect of the rateable land that is the subject of the agreement.\n\n(2) A Council must levy an environmental upgrade charge by sending a notice to the person liable to pay it.\n\nS. 181C(2A) inserted by No. 9/2020 s. 363(4).\n\n(2A) Despite any provision of any existing lease or agreement between an owner of a rateable land which is subject to an environmental upgrade charge and an occupier, the occupier is not liable to pay any part of the environmental upgrade charge unless the occupier or a previous occupier of the rateable property has specifically agreed in writing to pay the environmental upgrade charge.\n\nS. 181C(2B) inserted by No. 9/2020 s. 363(4).\n\n(2B) A reference in this section and sections 181D, 181E and 181F to an occupier is a reference to an occupier who is liable to pay any part of the environmental upgrade charge as a result of the application of subsection (2A).\n\n(3) A notice under subsection (2) must specify—\n\n(a) the name and address of the person liable to pay the charge; and\n\n(b) a description of the rateable land in respect of which the charge is being levied; and\n\n(c) the environmental upgrade agreement under which the charge is levied; and\n\n(d) the amount for which the person specified in the notice is liable; and\n\n(e) the manner of payment; and\n\n(f) the penalties that may apply if the person fails to pay the charge.\n\n(4) An environmental upgrade charge is due and must be paid by the date specified in the notice requiring payment, which is a date not less than 28 days after the date of issue of a notice.\n\n(5) An environmental upgrade charge must be the agreed amount specified in the relevant environmental upgrade agreement.\n\n(6) Divisions 1, 2 and 3, other than sections 154, 156, 172, 175, 177, 178, 180 and 181, do not apply to an environmental upgrade charge.\n\n(7) For the purposes of this Division, section 172(1) applies as if for paragraph (b) there were substituted—\n\n\"(b) which have not been paid by the date specified in the repayment schedule to the environmental upgrade agreement.\".\n\n(8) Despite anything to the contrary in this Act, the total amount of an environmental upgrade charge received by a Council from an owner or any occupier or both (as the case requires) must be used by the Council to make repayments to the lending body in accordance with the environmental upgrade agreement.\n\n(9) For the purposes of subsection (8), the total amount of an environmental upgrade charge received by a Council and to be paid to the lending body does not include—\n\n(a) the proportion of the charge that accounts for the administrative costs of the Council as specified in the environmental upgrade agreement; and\n\n(b) any penalty interest imposed by the Council on an owner or any occupier or both  \n(as the case requires) as a consequence of nonpayment of the environmental upgrade charge.\n\nHowever, see section 181D(4)(b) which allows an environmental upgrade agreement to make provision for a Council to provide a proportion of any penalty interest received by the Council to the lending body.\n\n(10) If land for which an environmental upgrade charge has been levied ceases to be rateable land, the owner or any occupier or both (as the case requires) must, despite the land no longer being rateable, continue to pay the charge in accordance with the schedule of repayments specified in the environmental upgrade agreement.\n\nS. 181D inserted by No. 39/2015 s. 4.\n\n","sortOrder":51},{"sectionNumber":"181D","sectionType":"section","heading":"Environmental upgrade agreement provisions","content":"\t181D Environmental upgrade agreement provisions\n\n(1) An environmental upgrade agreement must—\n\n(a) be in writing; and\n\n(b) outline the works to be undertaken on the rateable land of the owner.\n\n(2) An environmental upgrade agreement must contain provisions that provide for the lending body advancing funds to an owner on the following conditions—\n\n(a) that the owner use the funds advanced to conduct works on the rateable land for the purposes of the environmental upgrade agreement;\n\n(b) that the owner or any occupier or both the owner and any occupiers (as the case requires) pay the environmental upgrade charge or charges levied by a Council in respect of the rateable land to which the agreement applies;\n\n(c) that a Council uses the funds received under the environmental upgrade charge or charges to repay the lending body the principal amount initially advanced to the owner plus any agreed interest accrued since that advance.\n\n(3) An environmental upgrade agreement must specify the following—\n\n(a) the total amount being advanced by the lending body under the agreement;\n\n(b) the total amount of each environmental upgrade charge to be levied under the agreement;\n\n(c) the repayment schedule in respect of each environmental upgrade charge to be levied by a Council in accordance with the agreement;\n\n(d) the total amount of the environmental upgrade charges to be declared by a Council under section 181C in accordance with the agreement;\n\n(e) the total amount of any Council administration costs to be included as part of the environmental upgrade charge or charges;\n\n(f) that if a Council adjusts an environmental upgrade agreement in accordance with section 181F(1), and as a consequence of that adjustment, refunds an amount to an owner or any occupier or an owner and any occupier (as the case requires) in accordance with section 181F(2), the lending body must reimburse the Council for all or part of the amount refunded if the Council passed all or part of that amount on to the lending body before the Council made the adjustment.\n\n(4) An environmental upgrade agreement may provide the following—\n\n(a) that an amount, in addition to any other liabilities a party may have under the agreement, may be payable by a party if a party to the agreement fails to comply with the agreement;\n\n(b) that, in the event of nonpayment of an environmental upgrade charge by the owner or any occupiers, if a Council imposes penalty interest rates on the owner or any occupiers as a consequence of that nonpayment, the Council may provide a proportion of that penalty interest to the lending body.\n\n(5) A provision of an environmental upgrade agreement must not be contrary to this Division.\n\nS. 181E inserted by No. 39/2015 s. 4.\n\n","sortOrder":52},{"sectionNumber":"181E","sectionType":"section","heading":"Liability of Council to recover environmental upgrade charge","content":"\t181E Liability of Council to recover environmental upgrade charge\n\n(1) Subject to subsections (2) and (3), a Council must use its best endeavours to recover an environmental upgrade charge in accordance with any requirements imposed on it by this Act and an environmental upgrade agreement.\n\n(2) A Council is not liable for any failure by an owner or any occupier or an owner and any occupier (as the case requires) to pay an environmental upgrade charge or charges.\n\n(3) A failure by an owner or any occupier or an owner and any occupier (as the case requires) under subsection (2) does not make the Council liable to pay the outstanding amount under the environmental upgrade charge or charges to the lending body.\n\nS. 181F inserted by No. 39/2015 s. 4.\n\n","sortOrder":53},{"sectionNumber":"181F","sectionType":"section","heading":"Other responsibilities of Council","content":"\t181F Other responsibilities of Council\n\n(1) If an environmental upgrade agreement is terminated before all the funds that the lending body agreed to advance to the owner are advanced, a Council must—\n\n(a) adjust the environmental upgrade charge or charges to reflect the lower amount advanced to the owner; and\n\n(b) by written notice, advise any person liable to pay the environmental upgrade charge of the adjustment.\n\n(2) If, as a consequence of an adjustment being made to an environmental upgrade charge under subsection (1), an owner or any occupier has made payments under the environmental upgrade charge in excess of the adjusted amount, a Council must refund the excess amount paid to the owner or occupier or the owner and the occupier (as the case requires).\n\nS. 181G inserted by No. 39/2015 s. 4.\n\n","sortOrder":54},{"sectionNumber":"181G","sectionType":"section","heading":"Quarterly statement","content":"\t181G Quarterly statement\n\nThe Chief Executive Officer must ensure that a statement prepared under section 138 includes a record of the following—\n\n(a) each environmental upgrade agreement entered into in the last quarter, and the rateable land to which the agreement relates;\n\n(b) each environmental upgrade charge approved in respect of the agreements referred to in paragraph (a), and the value of the charges;\n\n(c) the total number of environmental upgrade charges in operation in the last quarter;\n\n(d) the total value of all environmental upgrade charge payments that have fallen due and have not been paid;\n\n(e) the total value of all environmental upgrade charge payments that are yet to fall due.\n\nS. 181H inserted by No. 39/2015 s. 4.\n\n","sortOrder":55},{"sectionNumber":"181H","sectionType":"section","heading":"Delegation to Chief Executive Officer","content":"\t181H Delegation to Chief Executive Officer\n\n(1) A Council may, by instrument of delegation, delegate to the Chief Executive Officer the following powers—\n\n(a) the power to enter into an environmental upgrade agreement on behalf of the Council;\n\n(b) the power to declare and levy an environmental upgrade charge.\n\nS. 181H(2) repealed by No. 9/2020 s. 363(5).\n\nS. 181I inserted by No. 39/2015 s. 4.\n\n","sortOrder":56},{"sectionNumber":"181I","sectionType":"section","heading":"Guidelines","content":"\t181I Guidelines\n\n(1) The Minister administering the **Victorian Energy Efficiency Target Act 2007** may make guidelines for the purposes of this Division including in relation to the following matters—\n\n(a) the specification of works that are likely to be considered as improving the energy, water or environmental efficiency or sustainability of a building for the purposes of entering into an environmental upgrade agreement;\n\n(b) the specification of matters that should be considered by a Council before deciding to offer environmental upgrade agreements;\n\n(c) environmental upgrade agreement provisions that may be incorporated into any environmental upgrade agreement;\n\n(d) the provision of reports by a Council to the public in relation to the commencement, progress or completion of any works funded by an environmental upgrade agreement.\n\n(2) Before making guidelines under this section, the Minister administering the **Victorian Energy Efficiency Target Act 2007** must consult with the Minister administering this Act.\n\n(3) Guidelines made under this section—\n\n(a) must be published in the Government Gazette; and\n\n(b) may be published on the Internet.\n\nS. 181J inserted by No. 39/2015 s. 4.\n\n","sortOrder":57},{"sectionNumber":"181J","sectionType":"section","heading":"Environmental upgrade agreements and charges under City of Melbourne Act 2001","content":"\t181J Environmental upgrade agreements and charges under City of Melbourne Act 2001\n\n(1) Any environmental upgrade agreement that was entered into under Part 4B of the **City of Melbourne Act 2001** and that was in force immediately before the repeal of that Part—\n\n(a) continues in force as if it had been entered into under this Division; and\n\n(b) is taken to be an environmental upgrade agreement under this Division.\n\n(2) For the avoidance of doubt, the repeal of Part 4B of the **City of Melbourne Act 2001** and the re‑enactment of that Part in this Division, is not to be considered as a change of law for the purposes of any environmental upgrade agreement entered into under that Part before its repeal.\n\n(3) Any environmental upgrade charge that was declared and levied by the City of Melbourne under Part 4B of the **City of Melbourne Act 2001** and that was due and payable immediately before the repeal of that Part—\n\n(a) continues to be due and payable as if it had been declared and levied under this Division; and\n\n(b) is taken to be an environmental upgrade charge under this Division.\n\n(4) Without limiting the operation of any provisions of the **Interpretation of Legislation Act 1984** relating to repeal and re-enactment, a provision of Part 4B of the **City of Melbourne Act 2001** specified in Column 1 of the Table is taken to be re‑enacted (with or without modifications) by the provision of this Act appearing opposite in Column 2 of the Table.\n\n| *Column 1*<br>*Provision of Part 4B of the* ***City of Melbourne Act 2001*** | *Column 2*<br>*Provision of this Act* |\n| Section 27L | Definitions of ***environmental upgrade agreement***, ***environmental upgrade charge***, ***lending body*** and ***primary parties*** in section 3(1) |\n| Section 27M | Section 181A |\n| Section 27N | Section 181B |\n| Section 27O | Section 181C |\n| Section 27P | Section 181D |\n| Section 27Q(1) | Section 181E(2) and (3) |\n| Section 27Q(2) and (3) | Section 181F |\n| Section 27R | Section 181G |\n| Section 27S | Section 181H |\n\nPt 8 Div. 3 (Heading) amended by No. 34/1996 s. 22(1), substituted by No. 52/1998  \ns. 311(Sch. 1 item 55.4).\n\nDivision 3—Reviews and appeals\n\nS. 182  \nrepealed by No. 34/1996 s. 22(2).\n\nS. 183 (Heading) inserted by No. 67/2008 s. 61(1).\n\nS. 183 substituted by No. 78/1991 s. 10, amended by Nos 91/1994  \ns. 27(a)–(d), 34/1996  \ns. 33(c), substituted by No. 52/1998  \ns. 311(Sch. 1 item 55.5).\n\n","sortOrder":58},{"sectionNumber":"183","sectionType":"section","heading":"Review of differential rating by VCAT","content":"\t183 Review of differential rating by VCAT\n\nS. 183(1) amended by No. 67/2008 s. 61(2).\n\n(1) An owner or occupier of land whose interests are affected by a decision of the Council to classify or to not classify that land as land of a particular type or class for differential rating purposes may apply to VCAT for review of the decision.\n\nS. 183(2) substituted by No. 63/2012 s. 23.\n\n(2) An application for review must be made within 60 days after the day on which the owner or occupier receives the first notice under section 158(3) following the decision.\n\n(3) The provisions of Part III of the **Valuation of Land Act 1960** apply to a review under this section with any necessary modifications.\n\n","sortOrder":59},{"sectionNumber":"184","sectionType":"section","heading":"Appeal to County Court","content":"\t184 Appeal to County Court\n\nS. 184(1) amended by Nos 78/1991 s. 11(a), 99/1994  \ns. 3(2)(h)(i), 34/1996  \ns. 24(a), substituted by No. 76/1997  \n\n(1) A person who is aggrieved—\n\n(a) by a rate or charge imposed by a Council under this or any other Act; or\n\n(b) by anything included or excluded from such a rate or charge—\n\nmay appeal to the County Court for a review of the rate or charge.\n\nS. 184(1A) inserted by No. 76/1997  \n\n(1A) This section does not apply to a matter in respect of which an objection or appeal may be made under Part III of the **Valuation of Land Act 1960** or under section 183.\n\nS. 184(1B) inserted by No. 76/1997  \n\n(1B) The person must lodge the appeal with the Court within 60 days after first receiving written notice of the rate or charge.\n\n(2) The person may only appeal on one or more of the following grounds of appeal—\n\nS. 184(2)(a) amended by No. 22/1992 s. 15(e).\n\n(a) in the case of a rate (other than a special rate under section 221), that the land in respect of which the rate was declared was not rateable land;\n\nS. 184(2)(b) repealed by No. 78/1991 s. 11(b).\n\n(c) that the rate or charge assessment was calculated incorrectly;\n\n(d) that the person levied with the rate or charge was not liable to be rated.\n\n(3) The County Court may make rules with respect to—\n\n(a) the procedure for applying to the Court; and\n\n(b) proceedings for hearing the application; and\n\n(c) orders, including orders as to costs.\n\nS. 184(4) repealed by No. 34/1996 s. 24(b).\n\nS. 185 (Heading) inserted by No. 67/2008 s. 62(1).\n\n","sortOrder":60},{"sectionNumber":"185","sectionType":"section","heading":"Application to VCAT","content":"\t185 Application to VCAT\n\nS. 185(1) substituted by No. 52/1998  \ns. 311(Sch. 1 item 55.6), amended by No. 67/2008 s. 62(2).\n\n(1) A person may apply to VCAT for review of a decision of a Council imposing a special rate or special charge on that person.\n\n(2) The person must apply—\n\nS. 185(2)(a) amended by No. 34/1996 s. 24(c).\n\n(a) within 30 days after the date of issue of a notice to the person of the special rate or special charge; and\n\n(b) on the ground that—\n\n(i) the works and projects or the period of maintenance for the purposes of which the special rate or special charge was imposed are not or will not provide a special benefit to that person; or\n\nS. 185(2)(b)(ii) amended by No. 13/1990 s. 31(h).\n\n(ii) the basis of distribution of the rate or charge amongst those persons who are liable to pay it is unreasonable; or\n\n(iii) if the planning scheme for the area contains any relevant policies or specific objectives, the works and projects proposed for the construction of a road or for the drainage of any land are inconsistent with those policies or objectives; or\n\n(iv) if the planning scheme for the area does not contain any relevant policies or specific objectives, the works and projects proposed for the construction of a road or for the drainage of any land are unnecessary, unreasonable, excessive, insufficient, unsuitable or costly, having regard to the locality or environment and to the probable use of the road or drainage of the land.\n\nS. 185(3) substituted by No. 52/1998  \ns. 311(Sch. 1 item 55.7), amended by No. 67/2008 s. 62(3).\n\n(3) On a review, VCAT may, by order—\n\n(a) vary the special rate or special charge declared by the Council in relation to its application to the applicant; or\n\n(b) set aside the special rate or special charge if satisfied that the ground in subsection (2)(b)(ii), (iii) or (iv) is established; or\n\n(c) dismiss the application and confirm the special rate or special charge.\n\nS. 185(4) substituted by No. 52/1998  \ns. 311(Sch. 1 item 55.7), amended by No. 67/2008 s. 62(4).\n\n(4) If VCAT sets aside a special rate or special charge made in a particular year, the Council may declare and levy a new special rate or special charge for that year even if the year has ended.\n\nS. 185AA inserted by No. 52/1998  \ns. 311(Sch. 1 item 55.8), amended by No. 67/2008 s. 63(1).\n\n\t185AA Application for declaration\n\n(1) A person may apply to VCAT for a declaration concerning the validity of a decision referred to in section 185(1).\n\nS. 185AA(2) amended by No. 67/2008 s. 63(2).\n\n(2) On an application under subsection (1) VCAT may make any declaration it thinks appropriate in the circumstances.\n\nS. 185AA(3) amended by No. 67/2008 s. 63(3).\n\n(3) VCAT's power to make a declaration under this section is exercisable only by a presidential member of VCAT.\n\nS. 185AB (Heading) inserted by No. 67/2008 s. 64(1).\n\nS. 185AB inserted by No. 52/1998  \ns. 311(Sch. 1 item 55.8), amended by Nos 109/2003 s. 93(b), 67/2008 s. 64(2).\n\n\t185AB Matters VCAT must take into account\n\nIn determining an application for review or for a declaration under section 185 or 185AA, VCAT must—\n\n(a) take into account any relevant planning scheme; and\n\nS. 185AB(b) amended by No. 81/2004 s. 49.\n\n(b) where appropriate, have regard to any planning scheme or amendment adopted by a planning authority under the **Planning and Environment Act 1987** but not, as at the date the application is determined, approved by the Minister or the planning authority.\n\nPt 8A (Heading and ss 185A–185C) inserted by No. 33/1995 s. 3, amended by Nos 33/1995 s. 3, 34/1996 s. 25, 67/2008 s. 65, 109/2003 s. 88, substituted by No. 65/2015 s. 8.\n\n","sortOrder":61},{"sectionNumber":"Part 8A","sectionType":"part","heading":"Rate caps","content":"Part 8A—Rate caps\n\n","sortOrder":62},{"sectionNumber":"185A","sectionType":"section","heading":"Purposes of this Part","content":"\t185A Purposes of this Part\n\nThe purposes of this Part are—\n\n(a) to promote the long term interests of ratepayers and the community in relation to sustainable outcomes in the delivery of services and critical infrastructure; and\n\n(b) to ensure that a Council has the financial capacity to perform its duties and functions and exercise its powers.\n\n","sortOrder":63},{"sectionNumber":"185B","sectionType":"section","heading":"Base average rate","content":"\t185B Base average rate\n\nThe ***base*** ***average rate***, in relation to a Council, means the rate calculated according to the following formula—\n\n![]()\n\n\t**BAR** is the base average rate; and\n\n\t**Rb** is the total annualised revenue leviable from general rates, municipal charges and any other prescribed rates or charges on rateable properties within the Council's municipal district as at 30 June in the base year; and\n\n\t**L** is the number of rateable properties within the Council's municipal district as at 30 June in the base year.\n\nThe total annualised revenue leviable in the base year includes revenue that is budgeted as at 1 July of the base year and the full year effect of annualised supplementary rates.\n\n","sortOrder":64},{"sectionNumber":"185C","sectionType":"section","heading":"Capped average rate","content":"\t185C Capped average rate\n\nThe ***capped average rate***, in relation to a Council,  means the rate calculated according to the following formula—\n\n![]()\n\n **CAR**  is the capped average rate; and\n\n **Rc** is the total annualised revenue leviable from general rates, municipal charges and any other prescribed rates or charges on rateable properties within the Council's municipal district as at 1 July in the capped year; and\n\n **L** is the number of rateable properties within the Council's municipal district as at 1 July in the capped year.\n\nThe total annualised revenue leviable in the capped year is the revenue that is budgeted as at 1 July of the capped year.\n\nS. 185D inserted by No. 65/2015 s. 8.\n\n","sortOrder":65},{"sectionNumber":"185D","sectionType":"section","heading":"Minister may set average rate cap by general Order","content":"\t185D  Minister may set average rate cap by general Order\n\n(1) The Minister may by general Order published in the Government Gazette direct a Council that the capped average rate in respect of a specified financial year must not exceed the base average rate by more than the average rate cap specified in the general Order.\n\n(2) A general Order made under subsection (1) may be directed to—\n\n(a) all Councils; or\n\n(b) a class of Councils; or\n\n(c) a specified Council.\n\n(3) Before making a general Order, the Minister must—\n\n(a) request advice from the Essential Services Commission for the purposes of adjustment in setting the average rate cap; and\n\n(b) have regard to any advice received from the Essential Services Commission as requested under paragraph (a).\n\n(4) The Essential Services Commission must provide advice to the Minister in accordance with a request made under subsection (3)(a).\n\n(5) A general Order does not have effect in respect of a capped year unless it is published in the Government Gazette—\n\n(a) on or before 31 December in the financial year before the capped year; or\n\n(b) on or before such other date fixed by the Minister by notice published in the Government Gazette in the financial year before the capped year.\n\nS. 185E inserted by No. 65/2015 s. 8.\n\n","sortOrder":66},{"sectionNumber":"185E","sectionType":"section","heading":"Council may apply for higher cap","content":"\t185E Council may apply for higher cap\n\n(1) A Council that is the subject of a general Order may apply to the Essential Services Commission for a special Order specifying a higher cap for one or more specified financial years (up to a maximum of 4 years).\n\n(2) An application under this section must be made—\n\n(a) by 31 March before the first capped year to which the application relates; or\n\n(b) by such other date fixed by the Minister by notice published in the Government Gazette.\n\n(3) An application under this section must be accompanied by the prescribed fee (if any) and must specify—\n\n(a) a proposed higher cap for each specified financial year; and\n\n(b) the reasons for which the Council seeks the higher cap; and\n\n(c) how the views of ratepayers and the community have been taken into account in proposing the higher cap; and\n\n(d) how the higher cap is an efficient use of Council resources and represents value for money; and\n\n(e) whether consideration has been given to reprioritising proposed expenditures and alternative funding options and why those options are not adequate; and\n\n(f) that the assumptions and proposals in the application are consistent with the Council's long term strategy and financial management policies set out in the Council's planning documents and annual budget.\n\n(4) The Essential Services Commission may make guidelines specifying any further matters in respect of applications for a special Order.\n\n(5) The Essential Services Commission may do any or all of the following in relation to a Council making an application under this section—\n\n(a) direct the Council to submit the application in a manner and form determined by the Essential Services Commission;\n\n(b) direct the Council to provide the Essential Services Commission with any information that the Commission considers would be relevant to the application;\n\n(c) provide any further advice or guidance to the Council in relation to the application.\n\nS. 185E(6) substituted by No. 9/2020 s. 364.\n\n(6) The Essential Services Commission may, if satisfied that the higher cap proposed by the Council or another higher cap set by the Essential Services Commission (but not higher than the higher cap proposed by the Council) is appropriate having regard to—\n\n(a) the matters specified in subsection (3); and\n\n(b) whether the directions given under subsection (5) (if any) have been complied with; and\n\n(c) the Council's record of compliance with any previous general Order and any special Order—\n\nmake a special Order directing the Council that the capped average rate in respect of a specified financial year must not exceed the base average rate by more than the average rate cap specified in the special Order.\n\n(7) If the Essential Services Commission makes a special Order in respect of a Council, the applicable cap on rates for the year or years specified in the special Order is the higher cap set out in the special Order.\n\n(8) If the Essential Services Commission makes a special Order under this section, the Commission must by notice published in the Government Gazette specify—\n\n(a) that a special Order has been made under this section; and\n\n(b) the Council to which the special Order applies; and\n\n(c) the higher cap; and\n\n(d) each financial year to which the higher cap applies to the Council.\n\nS. 185F inserted by No. 65/2015 s. 8.\n\n","sortOrder":67},{"sectionNumber":"185F","sectionType":"section","heading":"Councils must comply with a general Order and any special Order that applies","content":"\t185F Councils must comply with a general Order and any special Order that applies\n\n(1) A Council must comply with a general Order and any special Order that applies to it.\n\n(2) If a Council fails to comply with the general Order and any special Order that applies to it, the failure does not affect the validity of any rates or charges levied in respect of the financial year in respect of which the failure occurred.\n\n(3) Despite subsection (2), the Minister may by Order published in the Government Gazette declare that a Council's rates or charges levied in respect of a financial year, or part of the Council's rates or charges levied in respect of that financial year, are invalid for all purposes if the Minister is satisfied that the Council has repeatedly and substantially failed to comply with a general Order and any special Order.\n\nS. 185G inserted by No. 65/2015 s. 8.\n\n","sortOrder":68},{"sectionNumber":"185G","sectionType":"section","heading":"Review","content":"\t185G Review\n\n(1) The Minister administering this Act and the Minister administering the **Essential Services Commission Act 2001** must ensure that a review of this Part is completed by 31 December 2021.\n\n(2) The purpose of the review is to determine—\n\n(a) whether the mechanism for setting a cap on rates set out in this Part is still appropriate; and\n\n(b) whether this Part is effective or needs to be amended.\n\n(3) The Minister administering this Act and the Minister administering the **Essential Services Commission Act 2001** must ensure that further reviews are completed periodically every 4 years after the date on which a review is completed under subsection (1).\n\n","sortOrder":69},{"sectionNumber":"Part 8B","sectionType":"part","heading":"(Heading and ss 185H–185N) inserted by No. 46/2018 s. 79.","content":"Part 8B (Heading and ss 185H–185N) inserted by No. 46/2018 s. 79.\n\nPart 8B—Cladding rectification agreements\n\nS. 185H inserted by No. 46/2018 s. 79.\n\n","sortOrder":70},{"sectionNumber":"185H","sectionType":"section","heading":"Definitions","content":"\t185H Definitions\n\nIn this Part—\n\n***building*** has the same meaning as it has in the **Owners Corporations Act 2006**;\n\n***cladding rectification agreement*** means an agreement entered into in accordance with section 185I;\n\n***cladding rectification charge*** means a charge declared under section 185L;\n\n***common property*** has the same meaning as it has in the **Owners Corporations Act 2006**;\n\n***existing mortgagee***, in respect of rateable land to which a cladding rectification agreement will apply, means any holder of a mortgage for that land, whether registered or unregistered;\n\n***lot*** has the same meaning as it has in the **Subdivision Act 1988**;\n\n***owners corporation*** has the same meaning as it has in the **Owners Corporations Act 2006**.\n\nS. 185I inserted by No. 46/2018 s. 79.\n\n","sortOrder":71},{"sectionNumber":"185I","sectionType":"section","heading":"Cladding rectification agreement","content":"\t185I Cladding rectification agreement\n\n(1) Subject to section 185J, a Council may enter into a cladding rectification agreement in respect of rateable land with an existing building on it, to fund works that rectify cladding on buildings with—\n\n(a) the owner of the rateable land or, in the case of rateable land that is managed by an owners corporation, the owners corporation; and\n\n(b) a lending body, unless the Council is the lending body; and\n\n(c) any other person that the other parties to the agreement agree should be a party to the agreement and agrees to be a party to the agreement.\n\n(2) Sections 185J(1)(b) and 185M(1) and (2) do not apply to a cladding rectification agreement in respect of rateable land that is used for a residential purpose.\n\n(3) The Minister administering the **Building Act 1993** must publish a notice in the Government Gazette specifying the type of works that may be funded by a cladding rectification agreement.\n\n(4) A Council must not enter into a cladding rectification agreement to fund works unless the works are of a type specified in a notice published under subsection (3).\n\n(5) A cladding rectification agreement must—\n\n(a) be in writing; and\n\n(b) outline the works to be undertaken on the rateable land; and\n\n(c) provide for the lending body to advance specified funds to conduct the works; and\n\n(d) provide for the Council to levy a cladding rectification charge on the rateable land; and\n\n(e) provide for the Council to use the money received under the cladding rectification charge—\n\n(i) to repay the lending body the principal amount advanced plus any agreed interest accrued since that advance; and\n\n(ii) for any agreed administrative charge to be retained by the Council.\n\nS. 185J inserted by No. 46/2018 s. 79.\n\n","sortOrder":72},{"sectionNumber":"185J","sectionType":"section","heading":"Conditions to be met before entering into cladding rectification agreement","content":"\t185J Conditions to be met before entering into cladding rectification agreement\n\n(1) Before entering into a cladding rectification agreement, the owner of the rateable land or, in the case of rateable land managed by an owners corporation, the owner of each lot on the rateable land—\n\n(a) must give the Council details in writing of—\n\n(i) all taxes, rates and charges owing on the rateable land or lot (including the total amount owing in respect of each tax, rate or charge) imposed by or under an Act; and\n\n(ii) all registered and unregistered mortgages over the rateable land or lot; and\n\n(iii) if a relevant mortgage is held against 2 or more properties including the rateable land or lot, the proportion of the debt secured by the mortgage that applies to the rateable land or lot calculated in accordance with subsection (3); and\n\n(b) subject to section 185M, may obtain the written agreement of an occupier to pay the cladding rectification charge that will apply in respect of their occupancy.\n\n(2) For the purposes of satisfying itself of the matters required in subsection (1)(a), a Council must give written notice to each owner or, in the case of rateable land managed by an owners corporation, each owner of a lot on the rateable land—\n\n(a) that the Council requires the details specified in subsection (1)(a); and\n\n(b) stating that the owner has 60 days from the date of giving the notice to provide the details.\n\n(3) For the purposes of subsection (1)(a)(iii), the proportion of the debt secured by the mortgage that applies to the rateable land or lot must be calculated by distributing the debt between all the properties against which the mortgage is held in proportion to the relative capital improved values of the properties in respect of the current financial year (as at the time of entering into the agreement).\n\n(4) A Council must not enter into a cladding rectification agreement unless the Council is satisfied that the total amount of taxes, rates, charges and mortgages owing on the rateable land when added to the total value of the cladding rectification charge is an amount that does not exceed the capital improved value of the land after the completion of any works that would be undertaken as part of the cladding rectification agreement.\n\n(5) A Council must not enter into a cladding rectification agreement in respect of rateable land that is managed by an owners corporation unless the Council is satisfied that, for each separate lot on the rateable land, the total amount of taxes, rates, charges and mortgages owing for that lot when added to the cladding rectification charge owing in respect of that lot does not exceed the capital improved value of that separate lot after the completion of any works that would be undertaken as part of the cladding rectification agreement.\n\n(6) If a person who receives a notice under subsection (2) fails to provide the required details within the time specified in the notice, the Council can be taken to be satisfied of the matters required in respect of subsection (4) or (5) (whichever is applicable) in relation to the rateable land or relevant lot on the rateable land (whichever is applicable).\n\n(7) The owner of rateable land, or owner of a lot on rateable land (whichever is applicable) must advise, in writing, at least 28 days before a cladding rectification agreement is entered into, any existing mortgagee in respect of the rateable land to which the agreement will apply—\n\n(a) that the rateable land or lot (as the case may be) is intended to be subject to a cladding rectification agreement; and\n\n(b) of the details of all cladding rectification charges that are expected to be declared by a Council in respect of the rateable land or lot (as the case may be) under the cladding rectification agreement.\n\n(8) If a Council is not satisfied of the matters set out in subsection (4), the Council may enter into a cladding rectification agreement if all the existing mortgagees of the rateable land agree in writing to the proposed cladding rectification charge.\n\n(9) If a Council is not satisfied of the matters set out in subsection (5) in relation to one or more lots on rateable land, the Council may enter into a cladding rectification agreement if all the existing mortgagees of those lots agree in writing to the cladding rectification charge.\n\nS. 185K inserted by No. 46/2018 s. 79.\n\n","sortOrder":73},{"sectionNumber":"185K","sectionType":"section","heading":"Cladding rectification agreements with owners corporations","content":"\t185K Cladding rectification agreements with owners corporations\n\n(1) If a proposed cladding rectification agreement is in respect of rateable land that is managed by an owners corporation—\n\n(a) the owners corporation must not enter into the agreement without the written consent of the owners of no less than 75 per cent of the total lots affected by the owners corporation in respect of the land; and\n\n(b) the owners corporation must, before entering into the agreement—\n\n(i) give to the Council in writing the names and postal addresses of all of the owners of the lots affected by the owners corporation in respect of the land; and\n\n(ii) specify to the Council which of the owners consented to entering the agreement.\n\n(2) If an owners corporation enters into a cladding rectification agreement—\n\n(a) the agreement is taken not to be a mortgage or charge of common property for the purposes of section 17 of the **Owners Corporations Act 2006**; and\n\n(b) works undertaken under the agreement are taken not to be upgrading works for which the owners corporation can levy a fee under section 53 of the **Owners Corporations Act 2006**; and\n\n(c) the agreement is taken not to be a maintenance plan for the purposes of the **Owners Corporations Act 2006**; and\n\n(d) any levying and collection of the cladding rectification charge by the Council under the agreement is taken not to be a maintenance fund for the purposes of the **Owners Corporations Act 2006**.\n\n(3) A cladding rectification charge declared and levied in respect of rateable land that is managed by an owners corporation—\n\n(a) does not apply to the part of the land that is common property; and\n\n(b) must be apportioned based on the separate lots or occupancies on the land.\n\n(4) An owners corporation is not liable for any failure by an owner or any occupier to pay a cladding rectification charge.\n\nS. 185L inserted by No. 46/2018 s. 79.\n\n","sortOrder":74},{"sectionNumber":"185L","sectionType":"section","heading":"Cladding rectification charge","content":"\t185L Cladding rectification charge\n\n(1) After entering into a cladding rectification agreement a Council must, in accordance with the conditions of that agreement, declare a cladding rectification charge in respect of the rateable land that is the subject of the cladding rectification agreement.\n\n(2) Subject to the provisions of the cladding rectification agreement, the cladding rectification charge may be varied to provide for any of the following—\n\n(a) a variation in the works;\n\n(b) a variation in the cost of the works;\n\n(c) an additional penalty interest in the event of a failure to pay the charge in accordance with the cladding rectification agreement.\n\n(3) This Act applies to a cladding rectification charge as if it were a service charge.\n\n(4) A Council may, by instrument of delegation, delegate to the Chief Executive Officer the power to declare and levy a cladding rectification charge.\n\n(5) A cladding rectification charge must not exceed the expected value of the rateable land after the works are completed, unless all the existing mortgagees agree.\n\n(6) A cladding rectification charge must be expressed to be repayable in equal instalments over a period of no less than 10 years.\n\nS. 185M inserted by No. 46/2018 s. 79.\n\n","sortOrder":75},{"sectionNumber":"185M","sectionType":"section","heading":"Liability of occupier to pay cladding rectification charge","content":"\t185M Liability of occupier to pay cladding rectification charge\n\n(1) Despite any provision of any existing lease or agreement between an owner of a rateable land which is subject to a cladding rectification charge and an occupier, the occupier is not liable to pay any part of the cladding rectification charge unless the occupier of the rateable property has specifically agreed in writing to pay the cladding rectification charge.\n\n(2) If an occupier has agreed in writing to pay a cladding rectification charge and the occupier fails to do so by the due date, the occupier is liable to pay any penalty interest accruing as a result of that failure.\n\n(3) An owner must not require an occupier to assume liability to pay any part of a cladding rectification charge as a condition of a residential tenancy agreement and an occupier is not liable to pay the charge merely by signing a residential tenancy agreement that contains such a condition.\n\nS. 185N inserted by No. 46/2018 s. 79.\n\n","sortOrder":76},{"sectionNumber":"185N","sectionType":"section","heading":"Liability of Council to recover cladding rectification charge","content":"\t185N Liability of Council to recover cladding rectification charge\n\n(1) Subject to subsections (2) and (3), a Council must use its best endeavours to recover a cladding rectification charge in accordance with any requirements imposed on it by this Act and the cladding rectification agreement.\n\n(2) Neither a Council nor an owners corporation (if applicable) is liable for any failure by an owner or any occupier to pay a cladding rectification charge.\n\n(3) A failure by an owner or any occupier under subsection (2) does not make the Council or owners corporation (if applicable) liable to pay the outstanding amount under the cladding rectification charge to the lending body.\n\n","sortOrder":77},{"sectionNumber":"Part 9","sectionType":"part","heading":"Specific functions, powers and restrictions","content":"Part 9—Specific functions, powers and restrictions\n\nDivision 1—General provisions\n\nS. 186 amended by Nos 22/1992 s. 17(a)(b), 43/1993 s. 15(1)(2), 125/1993 s. 29(1)(2), substituted by No. 40/1994 s. 6, amended by Nos 27/1997 s. 16, 59/1999 ss 5(b)(c), 6, 67/2008 s. 66, 64/2009 s. 58, repealed by No. 9/2020 s. 362(d).\n\nS. 186A inserted by No. 67/2008 s. 67, repealed by No. 9/2020 s. 362(d).\n\nS. 187 substituted by No. 13/1990 s. 23, repealed by No. 9/2020 s. 362(d).\n\nS. 187A inserted by No. 43/1993 s. 16(1), repealed by No. 9/2020 s. 362(d).\n\nS. 188 repealed by No. 9/2020 s. 361(g).\n\nS. 189 amended by Nos 125/1993 s. 23, 91/1994 s. 36(6), 67/2008 s. 68, 94/2009 s. 31(2), repealed by No. 9/2020 s. 362(d).\n\nS. 190 repealed by No. 9/2020 s. 362(d).\n\nS. 191 amended by No. 34/1996 s. 33(d), repealed by No. 9/2020 s. 362(d).\n\nS. 192 repealed by No. 9/2020 s. 362(d).\n\nS. 193 amended by Nos 13/1990 s. 24, 34/1996 s. 26, 109/2003 s. 89, 26/2007 s. 113, 35/2008 s. 24, 67/2008 s. 69, repealed by No. 9/2020 s. 362(d).\n\nSs 194, 195 repealed by No. 9/2020 s. 360(e).\n\nS. 195A inserted by No. 53/2015 s. 11, repealed by No. 9/2020 s. 360(e).\n\nS. 196 amended by Nos 99/1994 s. 12, 27/1997 s. 17, 23/2000 s. 5, 109/2003 s. 72(3), 67/2008 s. 70, 64/2009 s. 59, 63/2012 s. 24, 5/2014 s. 15, repealed by No. 9/2020 s. 362(d).\n\nS. 197 repealed by No. 125/1993 s. 30,  \nnew s. 197  \ninserted by No. 99/1994 s. 13, repealed by No. 9/2020 s. 362(d).\n\nS. 197A inserted by No. 99/1994 s. 13, amended by No. 109/2003 s. 72(4), repealed by No. 9/2020 s. 362(d).\n\nS. 197B inserted by No. 99/1994 s. 13, repealed by No. 9/2020 s. 362(d).\n\nS. 197C inserted by No. 99/1994 s. 13, repealed by No. 33/1995 s. 4(2)(c).\n\nS. 197D inserted by No. 99/1994 s. 13, substituted by No. 109/2003 s. 73, amended by No. 63/2012 s. 25, repealed by No. 9/2020 s. 362(d).\n\nS. 197E inserted by No. 99/1994 s. 13, substituted by No. 109/2003 s. 73,  \nrepealed by No. 67/2008 s. 71, new s. 197E inserted by No. 63/2012 s. 26, repealed by No. 9/2020 s. 362(d).\n\nS. 197F inserted by No. 99/1994 s. 13, repealed by No. 9/2020 s. 362(d).\n\nS. 197G inserted by No. 99/1994 s. 13, substituted by No. 44/2001 s. 3(Sch. item 74.2), repealed by No. 9/2020 s. 362(d).\n\n","sortOrder":78},{"sectionNumber":"198","sectionType":"section","heading":"Sewers and drains vested in the Council","content":"\t198 Sewers and drains vested in the Council\n\n(1) The following are vested in the Council and are under the management and control of the Council—\n\n(a) public sewers and drains within the municipal district;\n\n(b) sewers and drains in and under roads in the municipal district;\n\n(c) Works and materials relating to (a) and (b).\n\n(2) This section does not apply to any sewers and drains vested in another Council or a Minister, the Crown or any public body.\n\n","sortOrder":79},{"sectionNumber":"199","sectionType":"section","heading":"Concentration or diversion of drainage","content":"\t199 Concentration or diversion of drainage\n\n(1) Before a Council executes in or upon any road any work which will concentrate or divert the drainage flowing on the road and discharge it or permit it to flow on, into or through any land, the Council must comply with this section.\n\n(2) The Council must give notice of the proposed work to the owner and occupier of any land likely to be affected by the concentration or diversion of the drainage.\n\n(3) A person has a right to make a submission under section 223 on any proposed work to concentrate or divert drainage.\n\n","sortOrder":80},{"sectionNumber":"200","sectionType":"section","heading":"Drainage of land","content":"\t200 Drainage of land\n\n(1) A Council may give the owner or occupier of any building or land a notice requiring that person to carry out any work for the drainage of a building or of surface or storm water on any land.\n\n(2) If the owner or occupier of the building or land does not carry out the work to the satisfaction of the Council, the Council may carry out the work.\n\n(3) If the Council carries out the work the owner or occupier must repay the cost of carrying out the work to the Council.\n\n(4) A person has a right to make a submission under section 223 on any notice under this section.\n\n","sortOrder":81},{"sectionNumber":"201","sectionType":"section","heading":"Approved schemes","content":"\t201 Approved schemes\n\nS. 201(1) amended by Nos 81/1989 s. 3(Sch. item 30.3), 125/1993 s. 37(1)(a).\n\n(1) A Council may construct, operate, control, manage or maintain any works or undertakings which form the whole or part of a scheme declared to be an approved scheme under section 216 of the **Water Act 1989**.\n\n(2) In carrying out its functions under subsection (1) the Council may exercise any power conferred on the Council under this Act.\n\nPt 9 Div. 2 (Heading) substituted by No. 6/2010 s. 25(5)(Sch. 2 item 6.3) (as amended by No. 45/2010 s. 6).\n\nDivision 2—Provisions relating to transport\n\nS. 202 repealed by No. 12/2004 s. 144.\n\nS. 203 substituted by No. 125/1993 s. 22, repealed by No. 12/2004 s. 144, new s. 203 inserted by No. 6/2010 s. 25(5)(Sch. 2 item 6.2) (as amended by No. 45/2010 s. 6).\n\n","sortOrder":82},{"sectionNumber":"203","sectionType":"section","heading":"Transport plan","content":"\t203 Transport plan\n\n(1) A Council may develop and implement a transport plan which facilitates a sustainable transport system that provides for the effective integration of transport and land use.\n\nSee section 11 of the **Transport Integration Act 2010**.\n\n(2) A Council may prepare a transport plan jointly with one or more other Councils.\n\nS. 203A inserted by No. 6/2010 s. 25(5)(Sch. 2 item 6.2) (as amended by No. 45/2010 s. 6).\n\n","sortOrder":83},{"sectionNumber":"203A","sectionType":"section","heading":"Transport services","content":"\t203A Transport services\n\nA Council may procure, provide or enable transport services within the municipal district.\n\nS. 204 substituted by No. 125/1993 s. 22.\n\n","sortOrder":84},{"sectionNumber":"204","sectionType":"section","heading":"Council may declare a road to be a public highway or to be open to the public","content":"\t204 Council may declare a road to be a public highway or to be open to the public\n\n(1) A Council may, by notice published in the Government Gazette, declare a road in its municipal district to be a public highway for the purposes of this Act.\n\n(2) A Council may, by resolution, declare a road that is reasonably required for public use to be open to public traffic.\n\n(3) A road does not become a public highway by virtue of a Council resolution made under subsection (2).\n\nS. 205 substituted by No. 125/1993 s. 22.\n\n","sortOrder":85},{"sectionNumber":"205","sectionType":"section","heading":"Councils to have the care and management of certain roads","content":"\t205 Councils to have the care and management of certain roads\n\n(1) A Council has the care and management of—\n\n(a) all public highways vested in the Council; and\n\n(b) all roads that are the subject of a declaration under section 204(2); and\n\nS. 205(1)(c) amended by No. 12/2004 s. 145(1).\n\n(c) all public highways on Crown land and roads vested in a Minister (other than freeways and arterial roads within the meaning of the **Road Management Act 2004** and public highways and roads vested in a public authority); and\n\n(d) all roads that the Council has agreed to have the care and management of.\n\nS. 205(2) substituted by No. 12/2004 s. 145(2).\n\n(2) This section is subject to the **Road Management Act 2004**.\n\nS. 206 substituted by No. 125/1993 s. 22.\n\n","sortOrder":86},{"sectionNumber":"206","sectionType":"section","heading":"Power of Councils over roads","content":"\t206 Power of Councils over roads\n\n(1) The powers of a Council in relation to roads in its municipal district include the powers set out in Schedule 10.\n\n(2) Except as provided in section 207B(1), the exercise of a power under clause 2, 3 or 8(1)(a) of Schedule 10 does not in itself vest the land in a Council.\n\nS. 207 amended by Nos 13/1990 s. 25(a)(b), 48/1991 s. 69, substituted by Nos 125/1993 s. 22, 12/2004 s. 146.\n\n","sortOrder":87},{"sectionNumber":"207","sectionType":"section","heading":"Powers of Councils over traffic","content":"\t207 Powers of Councils over traffic\n\nSubject to the **Road Safety Act 1986** and any regulations made under that Act, but without limiting any other powers of a Council as a road authority, the powers include the specific traffic management powers set out in Schedule 11.\n\nExample to s. 207 amended by No. 25/2025 s. 102.\n\n**Example**\n\nA Council must obtain the consent of the Head, Transport for Victoria before exercising a power under Schedule 11 which if exercised under a regulation made under the **Road Safety Act 1986** in respect of a major traffic control item would require the consent of the Head, Transport for Victoria.\n\nS. 207A inserted by No. 125/1993 s. 22.\n\n","sortOrder":88},{"sectionNumber":"207A","sectionType":"section","heading":"Submissions under section 223","content":"\t207A Submissions under section 223\n\nA person may make a submission under section 223 on the proposed exercise of any power under—\n\n(a) clauses 1(b), 2, 3, 7 and 8(1)(a) of Schedule 10;\n\n(b) clauses 9, 10(1)(c), 11 and 12 of Schedule 11;\n\n(c) sections 204(1) and (2).\n\nS. 207B inserted by No. 125/1993 s. 22.\n\n","sortOrder":89},{"sectionNumber":"207B","sectionType":"section","heading":"Certain land used, or to be used, for roads to vest in Council","content":"\t207B Certain land used, or to be used, for roads to vest in Council\n\n(1) The following land vests in fee simple in the Council (if it is not already vested in the Council) in whose municipal district the land is situated on the date the relevant notice required by Schedule 10 is published in the Government Gazette—\n\n(a) land acquired for a road deviation under clause 2 of Schedule 10;\n\n(b) land which is a road, or part of a road, which is discontinued as a result of the exercise of a power under clause 2, 3, 7 or 8(1)(a) of Schedule 10.\n\nS. 207B(2) substituted by No. 99/1994  \ns. 16(1).\n\n(2) However, subsection (1) does not apply if the land is Crown land.\n\nS. 207B(2A) inserted by No. 99/1994 s. 16(1).\n\n(2A) Despite subsection (2), if a road on Crown land is discontinued under clause 2 of Schedule 10 and the land on to which the road is to be deviated is not Crown land, the land on which the discontinued road was situated vests in fee simple in the Council in whose municipal district it is situated on the date the notice required by Schedule 10 is published in the Government Gazette.\n\n(3) On the date the relevant notice is published—\n\n(a) the land vests free of all encumbrances other than those referred to in section 207C; and\n\n(b) the land is brought under the operation of the **Transfer of Land Act 1958**, if it is not already under the operation of that Act.\n\n(4) The **Subdivision Act 1988** does not apply to the discontinuance of a road, or a part of a road, under clause 2, 3, 7 or 8(1)(a) of Schedule 10.\n\nS. 207C inserted by No. 125/1993 s. 22.\n\n","sortOrder":90},{"sectionNumber":"207C","sectionType":"section","heading":"Sewers, pipes, wires etc. of public authorities not affected","content":"\t207C Sewers, pipes, wires etc. of public authorities not affected\n\n(1) Section 207B does not affect any right, power or interest held by a public authority in a road in connection with any sewers, drains, pipes, wires or cables under the control of the authority in or near the road.\n\n(2) The Registrar of Titles may record as an encumbrance on the relevant folio of the Register any such right, power or interest.\n\n(3) If a Council seeks the consent of a public authority to the extinguishment of any such right, power or interest, the authority must not unreasonably withhold its consent.\n\nS. 207C(4) inserted by No. 31/2006 s. 10.\n\n(4) In this section ***public authority*** includes—\n\n(a) any person who is a licensee within the meaning of the **Electricity Industry Act 2000** or the **Gas Industry Act 2001**; and\n\nS. 207C(4)(b) substituted by No. 31/2006 s. 11.\n\n(b) any person who under the **Pipelines Act 2005** is the holder of a licence to construct and operate a pipeline.\n\nS. 207D inserted by No. 125/1993 s. 22.\n\n","sortOrder":91},{"sectionNumber":"207D","sectionType":"section","heading":"Registration of titles of land affected by action concerning roads","content":"\t207D Registration of titles of land affected by action concerning roads\n\n(a) land vests in a Council under section 207B; or\n\n(b) a Council takes any action under clause 2, 3, 7 or 8(1)(a) of Schedule 10 or clause 11 of Schedule 11 that affects the title to any land—\n\nand either section 35 of the **Subdivision Act 1988** does not apply to the land or else there is no present intention to dispose of the land.\n\n(2) The Council must, if required by the Registrar, give the Registrar a notice of any action referred to in subsection (1)(b) or a transfer of land—\n\n(a) that is in a form approved by the Registrar; and\n\n(b) that contains all the information required by the Registrar for the purposes of subsection (3); and\n\n(c) that states whether or not it has given notice under section 223 in relation to the proposed action.\n\n(3) On being given that notice or transfer, the Registrar may do anything that is necessary to give effect in the Register under the **Transfer of Land Act 1958** to the vesting or the action taken by the Council.\n\n(4) Without limiting the power given to him or her by subsection (3), the Registrar may—\n\n(a) register the transfer of land; and\n\n(b) if the transfer is not accompanied by a certificate of title, register it in the same way as if it had been accompanied by a certificate of title in the name of the Council as proprietor; and\n\n(c) alter folios of the Register, plans of subdivision and any other documents and give notice to people affected by any such alteration if the Council has not already given notice under section 223 that it will consider submissions concerning its intention to exercise a power given to it by Schedule 10 or 11; and\n\n(d) require a person to produce any instrument or document other than a certificate of title; and\n\n(e) dispense with the production of any document.\n\n(5) Section 54 of the **Transfer of Land Act 1958** does not apply to any land to which this section applies.\n\nS. 207E inserted by No. 125/1993 s. 22.\n\n","sortOrder":92},{"sectionNumber":"207E","sectionType":"section","heading":"Alterations to titles if land exchanged","content":"\t207E Alterations to titles if land exchanged\n\n(1) This section only applies if a Council agrees to exchange any land it acquires under Schedule 10 with other land owned by it.\n\n(2) The registered proprietor, or the mortgagee in possession, of the land may apply to the Registrar of Titles to have the folio of the Register under the **Transfer of Land Act 1958** amended to—\n\n(a) include the land obtained from the Council; and\n\n(b) exclude the land acquired by the Council from the folio of the Register.\n\n(3) The Registrar must make the necessary amendments to the Register if the application—\n\n(a) is in a form approved by the Registrar; and\n\n(b) contains all the information required by the Registrar; and\n\n(c) is accompanied by the written consent to the application of the proprietor of any mortgage, charge, lease or sub-lease that the land is subject to (if any).\n\n(4) On the Registrar completing the necessary amendments—\n\n(a) the land acquired by the Council is freed of any mortgage, charge, lease or sub-lease (if it is not already free of those encumbrances); and\n\n(b) the land obtained from the Council becomes subject to any mortgage, charge, lease or sub-lease that the other land was subject to and is to be regarded as if it had always been part of the land described in the folio of the Register.\n\n(5) The **Subdivision Act 1988** does not apply to land to which this section applies.\n\nS. 207F inserted by No. 125/1993 s. 22, amended by Nos 107/1995 s. 123, 50/1998 s. 50, repealed by No. 12/2004 s. 144.\n\nS. 208 (Heading) inserted by No. 12/2004 s. 147(1), substituted by No. 6/2010 s. 203(1)(Sch. 6 item 29.3) (as amended by No. 45/2010 s. 22).\n\n\t208 Transport Integration Act 2010, Transport (Compliance and Miscellaneous) Act 1983, Road Management Act 2004 and Road Safety Act 1986\n\nS. 208(1) amended by Nos 44/1989 s. 42(1), 12/2004 s. 147(2), 6/2010 s. 203(1)(Sch. 6 item 29.4(a)) (as amended by No. 45/2010 s. 22), 49/2019 s. 186(Sch. 4 item 25.2), 25/2025 s. 106(Sch. 1 item 23.1).\n\n(1) A Council must not exercise its powers under this Division inconsistently with the functions and powers of the Head, Transport for Victoria and the Secretary to the Department of Transport and Planning under the **Transport Integration Act 2010**, the **Transport (Compliance and Miscellaneous) Act 1983**, the **Road Management Act 2004** and the **Road Safety Act 1986** and the regulations under those Acts.\n\nS. 208(2) amended by Nos 12/2004 s. 147(3), 6/2010 s. 203(1)(Sch. 6 item 29.4(b)) (as amended by No. 45/2010 s. 22).\n\n(2) If a Council is delegated a power under the **Transport Integration Act 2010**, the **Transport (Compliance and Miscellaneous) Act 1983**, the **Road Management Act 2004**, the **Road Safety Act 1986** or the regulations under those Acts, the Council must exercise that power in accordance with the Act or regulations under which the delegation is made.\n\nS. 208AA inserted by No. 30/2013 s. 60(Sch. item 6).\n\n\t208AA Heavy Vehicle National Law (Victoria)\n\nA Council must not exercise its powers under this Division inconsistently with the functions and powers of the Regulator under the Heavy Vehicle National Law (Victoria) and the national regulations under that Law.\n\nPt 9 Div. 3 (Heading and ss 208A–208G)  \ninserted by No. 40/1994 s. 3,  \namended by Nos 99/1994 ss 17, 18(1)(2), 33/1995 s. 6, 34/1996 ss 27, 33(e), 27/1997 ss 18–20, 76/1997 s. 18, substituted as Pt 9 Div. 3 (Heading and ss 208A–208J) by No 59/1999 s. 4, amended by No. 109/2003 s. 7(3), repealed by No. 9/2020 s. 362(e).\n\n","sortOrder":93},{"sectionNumber":"Part 10","sectionType":"part","heading":"Inquiries, reviews and suspension of Councils","content":"Part 10—Inquiries, reviews and suspension of Councils\n\nPt 10 Div. 1 (Heading and ss 209–219) amended by Nos 125/1993 ss 14(l), 31, 76/1997 ss 13(c), 24(b), 46/1998 s. 7(Sch. 1), 109/2003 ss 9, 16(2), 72(2)(a), 108/2004 s. 117(1)  \n(Sch. 3 item 117.1), 53/2005 s. 14, 67/2008 ss 72, 73, 64/2009 s. 28, 69/2009 s. 54(Sch. Pt 2 item 31), 67/2014 s. 147(Sch. 2 item 24.2), 53/2015 s. 40, 65/2015 s. 9, repealed by No. 9/2020 s. 361(h).\n\nPt 10 Div. 1A (Heading and ss 219AA–219AF) inserted by No. 53/2015 s. 36, repealed by No. 9/2020 s. 361(h).\n\nPt 10 Div. 2 (Heading and s. 220) amended by Nos 43/1993 s. 4(a), 76/1997 s. 19(1)(2), 5/2001 s. 30(2)(d), substituted as Pt 10 Div. 2 (Heading and ss 219A–219G) by No. 109/2003 s. 32, amended by 58/2010 ss 25–28, 44/2011 s. 8, repealed by No. 9/2020 s. 359(g).\n\nPt 10 Div. 3 (Heading and ss 219H–219O) inserted by No. 109/2003 s. 32, amended by No. 58/2010 ss 29–31, repealed by No. 9/2020 s. 359(g).\n\nPt 10 Div. 4 (Heading and s. 219P) inserted by No. 58/2010 s. 32, repealed by No. 9/2020 s. 359(g).\n\nPt 10A (Heading and ss 220A–220E) inserted by No. 43/1993 s. 3, substituted by No. 27/1997  \ns. 21, amended by Nos 46/1998 s. 7(Sch. 1), 64/2009 s. 29, repealed by No. 9/2020 s. 361(i).\n\nPt 10B (Heading and ss 220F–220O) inserted by No. 43/1993 s. 3,  \namended by No. 125/1993 s. 14(l), substituted as Pt 10B (Heading and ss 220F–220I) by No. 27/1997 s. 21, repealed by No. 9/2020 s. 361(i).\n\nPt 10C (Heading and ss 220P–220T) inserted by No. 43/1993 s. 3, amended by Nos 33/1995 s. 19(3), 76/1995 s. 12, 27/1997 ss 22, 23, 76/1997 s. 20, 5/2001 s. 30(2)(e), 109/2003 ss 7(4), 33(2), 56, 72(b)(c), 76, repealed by No. 9/2020 s. 359(h).\n\n","sortOrder":94},{"sectionNumber":"Part 11","sectionType":"part","heading":"General","content":"Part 11—General\n\n","sortOrder":95},{"sectionNumber":"221","sectionType":"section","heading":"Service charges on non-rateable land","content":"\t221 Service charges on non-rateable land\n\n(1) A Council may impose in relation to any land in its municipal district which is not rateable land an annual service charge for any of the following services which the Council provides or which the Council is prepared and able to provide—\n\nS. 221(1)(a) repealed by No. 30/2022 s. 5(1).\n\nS. 221(1)(b) substituted by No. 30/2022 s. 5(2).\n\n(b) waste, recycling or resource recovery services;\n\nS. 221(1)(c) repealed by No. 30/2022 s. 5(1).\n\n(d) any other prescribed service.\n\n(2) The service charge under this section may be imposed on the basis of any criteria specified by the Council.\n\n(3) A Council may declare in relation to any land in its municipal district which is not rateable land and is not Crown land a special rate or charge in respect of street construction.\n\n(4) The provisions of Part 8 which relate to special rates and charges apply to a special rate or charge under subsection (3) with any necessary adaptations.\n\n(5) A special rate or charge under subsection (3) may be declared and levied together with a special rate or charge under section 163.\n\n(6) If a private street (within the meaning of section 575(1) of the **Local Government Act 1958**) is constructed wholly or partly at the cost of the owners or occupiers of any land which abuts or fronts the street, the Council may not at any future time recover any further costs in respect of the construction of a component of the private street if that component has been previously constructed to the satisfaction of the Council from the owners or occupiers of the land under this section as a special rate or special charge.\n\nS. 222 amended by Nos 22/1992 s. 18, 109/2003 s. 12(2)(c), substituted by No. 67/2008 s. 74, repealed by No. 9/2020 s. 360(e).\n\nS. 223(1) amended by No. 125/1993 s. 37(1)(b), substituted by No. 67/2008 s. 75(1).\n\n","sortOrder":96},{"sectionNumber":"223","sectionType":"section","heading":"Right to make submission","content":"\t223 Right to make submission\n\n(1) The following provisions apply if a person is given a right to make a submission to the Council under this section (whether under this or any other Act)—\n\n(a) the Council must publish a public notice—\n\n(i) specifying the matter in respect of which the right to make a submission applies;\n\n(ii) containing the prescribed details in respect of that matter;\n\n(iii) specifying the date by which submissions are to be submitted, being a date which is not less than 28 days after the date on which the public notice is published;\n\n(iv) stating that a person making a submission is entitled to request in the submission that the person wishes to appear in person, or to be represented by a person specified in the submission, at a meeting to be heard in support of the submission;\n\n(b) if a request has been made under paragraph (a)(iv), the Council must—\n\n(i) provide the person with the opportunity to be heard in support of the submission in accordance with the request at a meeting of the Council or of a committee determined by the Council;\n\n(ii) fix the day, time and place of the meeting;\n\n(iii) give reasonable notice of the day, time and place of the meeting to each person who made a request;\n\n(c) if the committee determined under paragraph (b)(i) is not responsible for making the decision in respect of which the submissions have been made, the committee must provide a report on its proceedings, including a summary of hearings, to the Council or the special committee which is responsible for making the decision;\n\n(d) the Council or special committee responsible for making the decision must—\n\n(i) consider all the submissions made under this section and any report made under paragraph (c);\n\n(ii) notify in writing, each person who has made a separate submission, and in the case of a submission made on behalf of a number of persons, one of those persons, of the decision and the reasons for that decision.\n\n(2) If a proposal by the Council involves the exercise of powers at the same time under more than one section giving a right to make a submission and written submissions are received under more than 1 of those sections the submission procedure may be carried out in respect of all the written submissions at the same time.\n\nS. 223(3) inserted by No. 13/1990 s. 26.\n\n(3) Despite section 98, a Council may authorise the appropriate members of Council staff to carry out administrative procedures necessary to enable the Council to carry out its functions under this section.\n\nS. 223(4) inserted by No. 67/2008 s. 75(2).\n\n(4) A member of a committee specified in subsection (1)(b)(i) is subject to section 79 as if that member were a member of a special committee.\n\nS. 223A inserted by No. 27/1997  \ns. 24, amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 117.1), 67/2008 s. 76, substituted by No. 53/2015 s. 41, amended by No. 2/2019 s. 103, repealed by No. 9/2020 s. 361(j).\n\nS. 223B inserted by No. 27/1997  \ns. 24, amended by Nos 67/2008 s. 77, 53/2015 s. 42, 30/2016 s. 83(1), 6/2018 s. 68(Sch. 2 items 80.9, 80.10), repealed by No. 9/2020 s. 361(j).\n\nS. 223BA inserted by No. 2/2019 s. 104, repealed by No. 9/2020 s. 361(j).\n\nS. 223BB inserted by No. 2/2019 s. 104, repealed by No. 9/2020 s. 361(j).\n\nS. 223BC inserted by No. 2/2019 s. 104, repealed by No. 9/2020 s. 361(j).\n\nS. 223BD inserted by No. 2/2019 s. 104, repealed by No. 9/2020 s. 361(j).\n\nS. 223BE inserted by No. 2/2019 s. 104, repealed by No. 9/2020 s. 361(j).\n\nS. 223BF inserted by No. 2/2019 s. 104, repealed by No. 9/2020 s. 361(j).\n\nS. 223BG inserted by No. 2/2019 s. 104, repealed by No. 9/2020 s. 361(j).\n\nS. 223BH inserted by No. 2/2019 s. 104, repealed by No. 9/2020 s. 361(j).\n\nS. 223BI inserted by No. 2/2019 s. 104, repealed by No. 9/2020 s. 361(j).\n\nS. 223BJ inserted by No. 2/2019 s. 104, repealed by No. 9/2020 s. 361(j).\n\nS. 223BK inserted by No. 2/2019 s. 104, repealed by No. 9/2020 s. 361(j).\n\nS. 223BL inserted by No. 2/2019 s. 104, repealed by No. 9/2020 s. 361(j).\n\nS. 223BM inserted by No. 2/2019 s. 104, repealed by No. 9/2020 s. 361(j).\n\nS. 223C inserted by No. 109/2003 s. 74, amended by Nos 64/2009 s. 30, 53/2015 s. 43, 6/2018 s. 68(Sch. 2 item 80.11), repealed by No. 9/2020 s. 361(j).\n\nS. 223CA inserted by No. 53/2015 s. 44, repealed by No. 9/2020 s. 361(j).\n\nS. 223CB inserted by No. 53/2015 s. 44, repealed by No. 9/2020 s. 361(j).\n\nS. 223CC inserted by No. 53/2015 s. 44, amended by Nos 30/2016 s. 83(2), 6/2018 s. 68(Sch. 2 items 80.12, 80.13), repealed by No. 9/2020 s. 361(j).\n\n","sortOrder":97},{"sectionNumber":"224","sectionType":"section","heading":"Authorised officers","content":"\t224 Authorised officers\n\nS. 224(1) amended by No. 125/1993 s. 26(2).\n\n(1) A Council may appoint any person other than a Councillor to be an authorised officer for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council.\n\nS. 224(1A) inserted by No. 125/1993 s. 26(3).\n\n(1A) A Council must maintain a register that shows the names of all people appointed by it to be authorised officers.\n\n(2) The Council must issue an identity card to each authorised officer.\n\n(3) An identity card must—\n\n(a) contain a photograph of the authorised officer; and\n\n(b) contain the signature of the authorised officer; and\n\n(c) be signed by a member of Council staff appointed for the purpose.\n\nS. 224(3A) inserted by No. 99/1994 s. 19.\n\n(3A) If a Council appoints a police officer to be an authorised officer under subsection (1), for the purposes of this section the police officer's certificate of identity is deemed to be an identity card issued under section 224(2) and is deemed to comply with section 224(3).\n\n(4) An authorised officer must produce his or her identity card upon being requested to do so.\n\n(5) An action taken or thing done by an authorised person is not invalidated by the failure of an authorised officer to produce his or her identity card.\n\nS. 224(6) amended by No. 125/1993 s. 26(4).\n\n(6) For the purposes of this section, an authorised officer may demand the name and address of a person who has committed, or who the authorised officer reasonably suspects has committed or is about to commit, an offence against any Act, regulation or local law in respect of which he or she is appointed.\n\nS. 224(6A) inserted by No. 125/1993 s. 26(5).\n\n(6A) In making such a demand, the authorised officer must inform the person of the grounds on which the demand is made in sufficient detail to enable the person to understand the nature of the offence or suspected offence.\n\n(7) An authorised officer may enter any land or building in the municipal district at any reasonable time to carry out and enforce this or any other Act or any regulation or local law.\n\nS. 224(8) amended by No. 64/2009 s. 31.\n\n(8) A person is guilty of an offence and liable to a fine not exceeding 60 penalty units if he or she—\n\n(a) refuses to give his or her name and address upon demand by an authorised officer; or\n\n(b) obstructs or hinders an authorised officer while performing his or her duty; or\n\n(c) falsely represents himself or herself to be an authorised officer.\n\nS. 224A inserted by No. 99/1994 s. 20.\n\n","sortOrder":98},{"sectionNumber":"224A","sectionType":"section","heading":"Police may act as authorised officers to enforce certain local laws","content":"\t224A Police may act as authorised officers to enforce certain local laws\n\n(1) This section applies if a provision of a local law of a Council regulates the use, possession or consumption of alcohol.\n\n(2) The Council may publish a notice in the Government Gazette identifying the provision of the local law and stating that any police officer may enforce that provision.\n\n(3) If the Council publishes such a notice, any police officer may enforce the provision as if he or she was appointed to be an authorised officer under section 224 with respect to the provision.\n\n(4) For the purposes of subsection (3), a police officer's certificate of identity is deemed to be an identity card issued under section 224(2) and is deemed to comply with section 224(3).\n\nS. 224B inserted by No. 42/2021 s. 99.\n\n","sortOrder":99},{"sectionNumber":"224B","sectionType":"section","heading":"Great Ocean Road Coast and Parks Authority authorised officers to enforce certain local laws","content":"\t224B Great Ocean Road Coast and Parks Authority authorised officers to enforce certain local laws\n\n(1) This section applies if a provision of a local law of a Council applies to activity on land in the Great Ocean Road coast and parks or the Great Ocean Road scenic landscapes area.\n\n(2) The Great Ocean Road Coast and Parks Authority may publish a notice in the Government Gazette identifying the provision of the local law and stating that any authorised officer appointed under section 83(1B) of the **Conservation, Forests and Lands Act 1987** may enforce that provision.\n\n(3) If the Great Ocean Road Coast and Parks Authority publishes a notice referred to in subsection (2), any authorised officer appointed under section 83(1B) of the **Conservation, Forests and Lands Act 1987** may enforce the provision as if the authorised officer was appointed to be an authorised officer under section 224 with respect to the provision.\n\nSs 225–227 repealed by No. 9/2020 s. 362(f).\n\nS. 227AA inserted by No. 20/1996 s. 23, repealed by No. 9/2020 s. 362(f).\n\nS. 227A inserted by No. 22/1992 s. 19, amended by No. 23/2000 s. 6, repealed by No. 9/2020 s. 362(f).\n\nS. 228 substituted by No. 13/1990 s. 27, amended by Nos 43/1993 s. 4(b)(c), 46/1998  \ns. 7(Sch. 1), 54/1998  \ns. 22(a)(b), 109/2003 s. 93(c), 67/2008 s. 78, repealed by No. 9/2020 s. 360(e).\n\nS. 229 amended by Nos 13/1990 s. 28, 125/1993 s. 14(l), repealed by No. 9/2020 s. 362(f).\n\nS. 230 repealed by No. 9/2020 s. 362(f).\n\nS. 231 repealed by No. 125/1993 s. 14(m), new s. 231 inserted by No. 109/2003 s. 90, repealed by No. 9/2020 s. 362(f).\n\nS. 232 amended by Nos 13/1990 s. 29, 125/1993 s. 14(n), 46/1998  \ns. 7(Sch. 1), 109/2003 s. 93(c), 67/2008 s. 79, repealed by No. 9/2020 s. 360(e).\n\nS. 233 repealed by No. 9/2020 s. 360(e).\n\nS. 234 amended by No. 78/1991 s. 13(e), repealed by No. 9/2020 s. 360(e).\n\nS. 235 repealed by No. 9/2020 s. 360(e).\n\nS. 236 amended by Nos 46/1998  \ns. 7(Sch. 1), 109/2003 s. 93(c), 67/2008 s. 80, repealed by No. 9/2020 s. 360(e).\n\nS. 237 amended by Nos 46/1998  \ns. 7(Sch. 1), 109/2003 s. 93(c), 67/2008 s. 81, 37/2014 s. 10(Sch. item 99.3), repealed by No. 9/2020 s. 360(e).\n\nS. 237A inserted by No. 60/2012 s. 71.\n\n","sortOrder":100},{"sectionNumber":"237A","sectionType":"section","heading":"Council to provide information relating to land to inspectors of livestock","content":"\t237A Council to provide information relating to land to inspectors of livestock\n\nA Council must make available to the Secretary to the Department of Primary Industries any information relating to land in the municipal district of that Council that has been requested in writing by the Secretary in accordance with section 121A of the **Livestock Disease Control Act 1994**.\n\nS. 238 amended by No. 64/2009 s. 32, repealed by No. 9/2020 s. 360(e).\n\nS. 238A inserted by No. 35/2008 s. 25, amended by No. 64/2009 s. 33, repealed by No. 9/2020 s. 360(e).\n\nS. 239 amended by Nos 13/1990 s. 30, 13/2013 s. 33, repealed by No. 9/2020 s. 360(e).\n\nS. 239A inserted by No. 13/2013 s. 34, repealed by No. 9/2020 s. 360(e).\n\nS. 240 amended by Nos 109/2003 s. 72(2)(d), 64/2009 s. 34, repealed by No. 9/2020 s. 360(e).\n\nS. 240A inserted by No. 109/2003 s. 75, amended by No 67/2008 s. 82, repealed by No. 9/2020 s. 360(e).\n\nS. 240B inserted by No. 109/2003 s. 75, repealed by No. 9/2020 s. 360(e).\n\nS. 241 repealed by No. 9/2020 s. 360(e).\n\nS. 242 amended by Nos 78/1991 s. 12(b), 125/1993 s. 14(o), repealed by No. 9/2020 s. 360(e).\n\nS. 242A inserted by No. 50/1998  \ns. 51,  \nrepealed by No. 67/2008 s. 83.\n\n","sortOrder":101},{"sectionNumber":"243","sectionType":"section","heading":"Regulations","content":"\t243 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act including, but not limited to, the matters and things specified in Schedule 12.\n\n(2) A power conferred by this Act to make regulations may be exercised—\n\n(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and\n\n(b) so as to make, as respects the cases in relation to which it is exercised—\n\n(i) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or\n\n(ii) any such provision either unconditionally or subject to any specified condition.\n\n(3) Regulations made under this Act may be made—\n\n(a) so as to apply—\n\n(i) at all times or at a specified time; or\n\n(ii) throughout the whole of the State or in a specified part of the State; or\n\n(iii) as specified in both subparagraphs (i) and (ii); and\n\n(b) so as to require a matter affected by the regulations to be—\n\n(i) in accordance with a specified standard or specified requirement; or\n\n(ii) approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies; and\n\n(c) so as to apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or\n\n(iii) as formulated, issued, prescribed or published from time to time; and\n\n(d) so as to leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by any government department, Council or public authority or any officer thereof; and\n\n(e) so as to confer powers or impose duties in connection with the regulations on any government department, Council or public authority or any officer thereof; and\n\n(f) so as to apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time; and\n\n(g) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and\n\nS. 243(3)(h) amended by No. 64/2009 s. 35.\n\n(h) so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations.\n\n(4) If under subsection (3)(c)(iii) a regulation has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the Minister causes notice to be published in the Government Gazette of that amendment, the document, code, standard, rule, specification or method is to be taken to have not been so amended.\n\n(5) A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—\n\n(a) specific fees;\n\n(b) maximum or minimum fees;\n\n(c) maximum and minimum fees;\n\n(d) scales of fees according to the value of goods or services provided for the fees;\n\n(e) the payment of fees either generally or under specified conditions or in specified circumstances;\n\n(f) the reduction, waiver or refund, in whole or in part, of the fees.\n\n(6) If under subsection (5)(f) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically—\n\n(a) in respect of certain matters or transactions or classes of matters or transactions; or\n\n(b) in respect of certain documents or classes of documents; or\n\n(c) when an event happens; or\n\n(d) in respect of certain persons or classes of persons; or\n\n(e) in respect of any combination of matters, transactions, documents, events or persons—\n\nand may be expressed to apply subject to specified conditions or in the discretion of any specified person or body.\n\n(7) A fee that may be imposed by regulation is not limited to an amount that is related to the cost of providing a service.\n\nS. 243(8) amended by No. 15/1992 s. 14.\n\n(8) Regulations made under item 1, 3, 4, 5, 5B, 6 or 7 of Schedule 12 may make provision for any act, matter or thing necessary to give effect to the regulations and are valid notwithstanding any inconsistency with any provisions of Schedules 2 and 3.\n\nS. 243(8A) inserted by No. 51/2014 s. 9(Sch. 2 item 8.4).\n\n(8A) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.\n\nS. 243(9) amended by No. 34/1996 s. 33(f).\n\n(9) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of the Parliament in accordance with the requirements of section 23(2) of the **Subordinate Legislation Act 1994** which disallowance is deemed disallowance by Parliament for the purposes of that Act.\n\nPt 12  \n(Heading and ss 244–264) inserted by No. 86/1998  \ns. 26, amended by No. 55/2000 ss 3–5, repealed by No. 109/2003 s. 16(3), new Pt 12 (Heading and s. 244) inserted by No. 58/2010 s. 33.\n\n","sortOrder":102},{"sectionNumber":"Part 12","sectionType":"part","heading":"Savings and transitional provisions","content":"Part 12—Savings and transitional provisions\n\nS. 244 inserted by No. 58/2010 s. 33.\n\n","sortOrder":103},{"sectionNumber":"244","sectionType":"section","heading":"Local Government (Consequential Provisions) Act 1989","content":"\t244 Local Government (Consequential Provisions) Act 1989\n\nDespite the repeal of the **Local Government (Consequential Provisions) Act 1989** (the ***1989 Act***) by the **Local Government and Planning Legislation Amendment Act 2010**, sections 5(4) and 12 of that 1989 Act continue to apply as if that 1989 Act had not been repealed.\n\nS. 245 inserted by No. 13/2013 s. 36.\n\n","sortOrder":104},{"sectionNumber":"245","sectionType":"section","heading":"Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013","content":"\t245 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013\n\n(1) For the avoidance of doubt, section 239A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 34 of the **Statute Law Amendment (Directors' Liability) Act 2013**.\n\n(2) This section does not limit section 14 of the **Interpretation of Legislation Act 1984**.\n\nS. 246 inserted by No. 5/2014 s. 16.\n\n","sortOrder":105},{"sectionNumber":"246","sectionType":"section","heading":"Local Government Amendment (Performance Reporting and Accountability) Act 2014—financial year commencing on 1 July 2013","content":"\t246 Local Government Amendment (Performance Reporting and Accountability) Act 2014—financial year commencing on 1 July 2013\n\nDespite the amendments made to this Act by sections 6, 7, 8, 9, 10, 11 (except subsection (1)) and 12 of the **Local Government Amendment (Performance Reporting and Accountability) Act 2014**, sections 125, 126, 127, 128, 129, 130, 131, 132 and 133, as in force immediately before 18 April 2014, continue to apply in relation to the financial year which commenced on 1 July 2013.\n\nS. 247 inserted by No. 53/2015 s. 76.\n\n\t247 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Councillor Conduct Panel matters\n\n(a) before the commencement day an application has been made under section 81B; and\n\n(b) a decision in respect of that application has not yet been determined.\n\n(2) On and after the commencement day, the Councillor Conduct Panel must hear, or finish hearing and determine the application in accordance with Divisions 1A and 1B of Part 4 and Schedule 5 as in force immediately before that day.\n\n(3) If after the Councillor Conduct Panel has determined the application under subsection (2), the Councillor Conduct Panel authorises an applicant to make an application to VCAT for a finding of serious misconduct against a Councillor under section 81J(1)(b) as in force immediately before the commencement day, VCAT must hear the application in accordance with—\n\n(4) If after the Councillor Conduct Panel has determined the application under subsection (2), a party affected by that Councillor Conduct Panel decision wishes to apply to VCAT for review of that decision, the party's application and VCAT's review of the decision must be in accordance with—\n\nas in force immediately before the commencement day.\n\n(5) In this section—\n\nS. 248 inserted by No. 53/2015 s. 76.\n\n\t248 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—VCAT review\n\n(a) before the commencement day, an application to a Councillor Conduct Panel has been determined; and\n\n(b) before, on or after that day, a party affected by that Councillor Conduct Panel decision applies to VCAT for review of that decision.\n\n(2) On and after the commencement day, VCAT must review the decision of the Councillor Conduct Panel in accordance with—\n\nS. 249 inserted by No. 53/2015 s. 76.\n\n\t249 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—VCAT matters (by referral, on grounds of gross misconduct or for review)\n\n(1) This section applies if, before the commencement day, an application—\n\n(a) made under section 81B that has been referred to VCAT under section 81D; or\n\n(b) made under section 81E; or\n\n(c) authorised by a Councillor Conduct Panel under section 81J(1)(b); or\n\n(d) for review under section 81Q—\n\nhas not been determined by VCAT.\n\n(2) On and after the commencement day, VCAT must, subject to subsection (3), determine the application in accordance with—\n\n(3) If, on or after the commencement day, VCAT refers a matter the subject of an application to which this section applies to a Councillor Conduct Panel under section 81L as in force immediately before that day, a Councillor Conduct Panel formed for the purposes of that section may make a direction in accordance with that section.\n\n(4) In this section—\n\nS. 250 inserted by No. 53/2015 s. 76.\n\n","sortOrder":106},{"sectionNumber":"250","sectionType":"section","heading":"Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Inspectors of municipal administration","content":"\t250 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Inspectors of municipal administration\n\n(1) This section applies if, immediately before the commencement day, a person appointed by the Minister or the Integrity Minister to be an inspector of municipal administration under section 223A as in force immediately before that day has not concluded his or her term of appointment.\n\n(2) On and after the commencement day, a person to whom this section applies may continue to act as an inspector of municipal administration, exercising the powers and performing the functions of an inspector of municipal administration, as in force under this Act immediately before the commencement day, until the person's term of appointment ceases.\n\n***commencement day*** means the day section 39 of the Amending Act comes into operation.\n\nS. 251 inserted by No. 53/2015 s. 76.\n\n","sortOrder":107},{"sectionNumber":"251","sectionType":"section","heading":"Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Electoral Reform","content":"\t251 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Electoral Reform\n\nDespite the commencement of Division 4 of Part 2 of the **Local Government Amendment (Improved Governance) Act 2015**, this Act continues to apply to any election before the next general election on 22 October 2016 as if those amendments, other than the amendment made by section 65 of the **Local Government Amendment (Improved Governance) Act 2015** which inserts new section 93B in this Act, had not been made.\n\nS. 252 inserted by No. 22/2020 s. 6.\n\n","sortOrder":108},{"sectionNumber":"252","sectionType":"section","heading":"Purported exercise or functions, powers or duties of Municipal Electoral Tribunals and related matters","content":"\t252 Purported exercise or functions, powers or duties of Municipal Electoral Tribunals and related matters\n\n(1) Any act or omission done or omitted to be done by a relevant body during the relevant period in the purported exercise of any function, power or duty of the relevant body under Division 8 of Part 3 as in force during the relevant period has the same force and effect as it would have had if the relevant body had been validly established under Division 8 of Part 3 as so in force.\n\n(2) Clause 6(1) of Schedule 4, as in force during the relevant period, is taken to have applied and to continue to apply to a person in relation to the purported exercise by that person of a duty of a member of a Tribunal (within the meaning of that subclause), being a duty to which subsection (1) applies.\n\n***relevant body*** means any body that was purported to be established under section 44(1) as in force during the relevant period, but was not validly established under that subsection;\n\n***relevant period*** means the period commencing on 30 October 1996 and ending on 16 February 2018.\n\nS. 253 inserted by No. 30/2022 s. 18.\n\n","sortOrder":109},{"sectionNumber":"253","sectionType":"section","heading":"Transitional provision—Local Government Legislation Amendment (Rating and Other Matters) Act 2022","content":"\t253 Transitional provision—Local Government Legislation Amendment (Rating and Other Matters) Act 2022\n\n(1) The amendments made by section 6 of the **Local Government Legislation Amendment (Rating and Other Matters) Act 2022** do not apply to a declaration for special rates and special charges made before the commencement of that section.\n\n(2) Despite the commencement of sections 16 and 17 of the **Local Government Legislation Amendment (Rating and Other Matters) Act 2022**, if on or after the commencement of those sections—\n\n(a) interest is required to be paid under section 172; and\n\n(b) the Minister has not fixed a rate under section 172A, or the first rate fixed by the Minister under section 172A has not yet taken effect—\n\ninterest is to be calculated in accordance with section 172(2) as in force immediately before the commencement of section 16 of the **Local Government Legislation Amendment (Rating and Other Matters) Act 2022**.\n\nSchedules\n\nSch. 1 amended by Nos 60/1995 s. 28(2), 37/2002 s. 31, repealed by No. 109/2003 s. 7(2).\n\nSch. 2 amended by Nos 15/1992 ss 5(3), 15–21, 43/1993 s. 17, 125/1993 s. 14(p), 99/1994 ss 21, 22, 33/1995 s. 19(4), 76/1995 ss 13(a)–(c), 14–16(1)(2), 103/1995 s. 20, 54/1998 ss 3(1)(e)–(j), 11–13(1), 14, 15, 24/1999 s. 49, 11/2001 s. 3(Sch. item 42.4), 23/2002 s. 198(9)(10), 109/2003 ss 23, 29(g)(h), 33(3)(4), 34–38, 52(2)–(5), 35/2008 ss 26–28, 67/2008 s. 84, 53/2015 ss 66–74, repealed by No. 9/2020 s. 359(i).\n\nSch. 3 amended by Nos 13/1990 s. 6(2), 15/1992 ss 22, 23, 43/1993 s. 18, 125/1993 s. 14(q), 33/1995 s. 22, 76/1995 s. 16(3)(4), 34/1996 s. 33(g), 76/1997 ss 4(2)(3), 12(3), 13(d), 54/1998 ss 3(1)(k), 16–18, 5/2001 s. 30(2)(f), 109/2003 ss 7(5), 29(i), 39–44, 93(d), 10/2005 s. 3(Sch. 1 item 14), 38/2005 s. 21, 29/2006 s. 3(Sch. 1 item 18), 35/2008 ss 29–32, 53/2015 s. 75, repealed by No. 9/2020 s. 359(i).\n\nSch. 3A inserted by No. 54/1998  \ns. 19, amended by Nos 109/2003 ss 45, 46, 35/2008 ss 33–38, repealed by No. 9/2020 s. 359(i).\n\nSch. 4 amended by Nos 43/1993 s. 19, 42/1995 s. 224(Sch. 2 item 23), 34/1996 s. 28(1), 35/1996 s. 453(Sch. 1 item 52), 76/1997 s. 24(c), 46/1998 s. 7(Sch. 1), 109/2003 s. 22(6)(7), 108/2004 s. 117(1)(Sch. 3 item 117.2), 18/2005 s. 18(Sch. 1 items 61.1, 61.2), 17/2014 s. 160(Sch. 2 item 57.1), 6/2018 s. 68(Sch. 2 items 80.14–80.16), repealed by No. 9/2020 s. 359(i).\n\nSch. 5 substituted by No. 15/1992 s. 24(1), amended by Nos 43/1993 s. 20, 125/1993 s. 37(1)(c), 76/1995 s. 13(d), 52/1998 s. 311(Sch. 1 item 55.9), 54/1998 ss 3(1)(l)(m), 13(2), repealed by No. 109/2003 s. 28(3), new Sch. 5 inserted by No. 67/2008 s. 19, amended by Nos 17/2014 s. 160(Sch. 2 item 57.2), 64/2009 s. 60, 63/2012 s. 27, repealed by No. 53/2015 s. 37.\n\nSch. 6 amended by Nos 13/1990 s. 31(i), 42/1995 s. 223(Sch. 1 item 3), 16/2010 s. 209(Sch. item 4), 58/2010 s. 34, repealed by No. 9/2020 s. 362(g).\n\nSch. 7 amended by Nos 13/1990 s. 13(c), 22/1992 ss 4(1), 7(2)(a), repealed by No. 125/1993 s. 11(1).\n\nSch. 8 amended by No. 54/1998 s. 20(1), repealed by No. 9/2020 s. 362(g).\n\nSch. 8A inserted by No. 22/1992 s. 20, amended by No. 33/1995 s. 4(2)(e), repealed by No. 34/1996 s. 29.\n\nSch. 9 amended by No. 109/2003 s. 72(2)(e), repealed by No. 9/2020 s. 362(g).\n\nSch. 10 amended by No. 81/1989 s. 3(Sch. item 30.4), substituted by No. 125/1993 s. 24.\n\n","sortOrder":110},{"sectionNumber":"Sch 10","sectionType":"schedule","heading":"Powers of Councils over roads","content":"Schedule 10—Powers of Councils over roads\n\n\t1 Power to construct and maintain roads\n\n(a) make, maintain and repair roads; and\n\n(b) fix and alter the level of roads.\n\n\t2 Power to deviate roads\n\n(1) A Council may deviate a road through private land, Crown land or land held by licensees under the **Land Act 1958** (whether or not the land is subject to any rights of way).\n\nSch. 10 cl. 2(2) substituted by No. 99/1994 s. 16(2).\n\n(2) However, in the case of a proposed deviation—\n\n(a) through Crown land; or\n\n(b) which would result in the vesting of land in a Council under section 207B(2A)—\n\nthis power may only be exercised after the Council has obtained the consent of the Minister administering the **Land Act 1958**.\n\n(3) Before starting any work to give effect to a deviation, the Council must publish a notice in the Government Gazette describing the deviation.\n\n\t3 Power to discontinue roads\n\nA Council may, in addition to any power given to it by sections 43 and 44 of the **Planning and Environment Act 1987**—\n\n(a) discontinue a road, or part of a road, by a notice published in the Government Gazette; and\n\n(b) sell the land from that road (if it is not Crown land), transfer the land to the Crown or itself or retain the land.\n\n","sortOrder":111},{"sectionNumber":"4","sectionType":"section","heading":"Power to take road making materials","content":"\t4 Power to take road making materials\n\n(1) A Council may enter and take from—\n\n(a) any waterway; or\n\n(b) any Crown land reserved under the **Crown Land (Reserves) Act 1978** for the supply of sand, gravel, stone or other materials—\n\nany materials necessary for making or maintaining anything which the Council under this Act may make or maintain.\n\n(2) Before a Council may exercise this power, it must give at least 14 days notice in writing of its intention to exercise the power—\n\nSch. 10 cl. 4(2)(a) amended by Nos 109/2003 s. 93(e), 25/2025 s. 106(Sch. 1 item 23.2).\n\n(a) to the Secretary of the Department of Energy, Environment and Climate Action; and\n\nSch. 10 cl. 4(2)(b) amended by No. 34/1996 s. 33(h).\n\n(b) to the owner and occupier of any land referred to in subclause (1).\n\n(3) The Council must also advise the owner and occupier of that land in writing of anything it has done on, or to, the land in the exercise of any power given to it by subclause (1).\n\n","sortOrder":112},{"sectionNumber":"5","sectionType":"section","heading":"Power to name roads, erect signs and require premises to be numbered","content":"\t5 Power to name roads, erect signs and require premises to be numbered\n\n(a) approve, assign or change the name of a road; and\n\n(b) erect signs on a road; and\n\n(c) approve, assign and change the number of a road and any premises next to a road; and\n\n(d) require people to number their premises and to renew those numbers.\n\nSch. 10 cl. 5(2) substituted by Nos 27/1997  \ns. 27, 7/1998 s. 23.\n\n(2) The Council, in exercising a power under paragraph (a) of subclause (1) must act in accordance with the guidelines in force for the time being under the **Geographic Place Names Act 1998** and must advise the Registrar under that Act of the action it has taken under that paragraph.\n\n","sortOrder":113},{"sectionNumber":"6","sectionType":"section","heading":"Power to establish survey marks","content":"\t6 Power to establish survey marks\n\nA Council may cause standard survey marks to be established in roads.\n\n","sortOrder":114},{"sectionNumber":"7","sectionType":"section","heading":"Power to fix road alignment","content":"\t7 Power to fix road alignment\n\n(1) A Council may fix the alignment of a road by a notice published in the Government Gazette.\n\nSch. 10 cl. 7(2) amended by No. 47/2004 s. 71(Sch. item 2).\n\n(2) If the road is vested in the Crown, or a body representing the Crown, the Council may only exercise this power after it has obtained the approval of the Surveyor-General after he or she has consulted the Surveyor and Chief Draughting Officer in the Office of Titles.\n\nSch. 10 cl. 7(3) amended by No. 47/2004 s. 71(Sch. item 2).\n\n(3) In the case of any other road, the Council may only exercise this power after it has obtained the approval of the Surveyor and Chief Draughting Officer in the Office of Titles.\n\n","sortOrder":115},{"sectionNumber":"8","sectionType":"section","heading":"Power to narrow or widen roads","content":"\t8 Power to narrow or widen roads\n\n(a) narrow or widen a road; and\n\n(b) allow a person to make minor repairs or alterations to a building between the old alignment and the new alignment.\n\n(2) In relation to the establishment of permanent marks, the exercise of the power conferred by subclause (1)(a) is subject to the **Survey Co‑ordination Act 1958**.\n\n(3) Before starting any work to give effect to the narrowing or widening of a road, the Council must publish a notice in the Government Gazette describing the narrowing or widening.\n\n","sortOrder":116},{"sectionNumber":"9","sectionType":"section","heading":"Power to provide for temporary roads","content":"\t9 Power to provide for temporary roads\n\nA Council may provide temporary roads.\n\n","sortOrder":117},{"sectionNumber":"10","sectionType":"section","heading":"Powers concerning fences, gates and by-passes","content":"\t10 Powers concerning fences, gates and by-passes\n\n(a) permit the erection and maintenance of gates and fences on or near roads;\n\n(b) permit the construction of by-passes for unfenced roads and for this purpose to require—\n\n(i) the removal of any gate;\n\n(ii) the erection of notices giving warning of the by-pass;\n\n(iii) the maintenance of the by-pass and notices;\n\n(c) revoke the permission given under paragraphs (a) and (b) and require the removal of the gates, fences, notices and by‑passes.\n\n","sortOrder":118},{"sectionNumber":"11","sectionType":"section","heading":"Power concerning holes and other dangers","content":"\t11 Power concerning holes and other dangers\n\n(a) fill any hole or excavation in or near a road;\n\n(b) remove any cause of possible damage to a road, or of danger to anyone or anything using the road;\n\n(c) erect or restore any fence near any hole or excavation that is near a road;\n\n(d) require a person to do any of the things listed in paragraphs (a), (b) and (c).\n\n","sortOrder":119},{"sectionNumber":"12","sectionType":"section","heading":"Powers concerning crossings over footpaths and channels","content":"\t12 Powers concerning crossings over footpaths and channels\n\n(a) make a bridge or crossing over any footpath or channel next to a road to enable a person using the road to have access to land on the other side of the footpath or channel;\n\n(b) maintain, repair or reconstruct the bridge or crossing;\n\n(c) permit a person to do anything the Council may do under paragraph (a) or (b);\n\n(d) require a person to do anything the Council may do under paragraph (a) or (b).\n\nSch. 11 amended by No. 44/1989 s. 42(2)(a)–(c), substituted by No. 125/1993 s. 24.\n\n","sortOrder":120},{"sectionNumber":"Sch 11","sectionType":"schedule","heading":"Powers of Councils over traffic","content":"Schedule 11—Powers of Councils over traffic\n\nSch. 11 cl. 1 amended by No. 33/1995 s. 11(a)(b).\n\n\t1 Powers concerning parking\n\n(1) A Council may fix, rescind or vary—\n\n(a) the days, hours and periods of time for which, and the conditions on which, vehicles may stand in a parking area in any highway or other parking area; and\n\n(b) fees for any vehicles standing in a parking area and the manner of payment of those fees; and\n\n(c) the fee for residents of any area which the Council sets aside as an area in which a resident parking scheme is to operate that allows a vehicle to stand in a parking area in any road in the area regardless of the fixed parking periods for that area.\n\n(2) In this clause ***highway*** and ***parking area*** have the meanings they have in the **Road Safety Act 1986** (or any regulations made under that Act).\n\n\t2 Power to issue special parking permits\n\nA Council may issue a special parking permit to any disabled person to enable him or her to leave a vehicle standing on different conditions from those fixed under any part of clause 1.\n\nSch. 11 cl. 3 amended by No. 33/1995 s. 11(c)(d).\n\n\t3 Power to remove unregistered or abandoned vehicles\n\n(a) move or impound any unregistered vehicle or vehicle considered by it to be abandoned (and anything in, on or attached to, the vehicle);\n\n(b) keep the vehicle in the place to which it has been moved or any other place;\n\n(c) return the vehicle to its owner on payment of a fee; and\n\nSch. 11 cl. 3(1)(d) amended by No. 63/2012 s. 28(1).\n\n(d) sell, destroy or give away the vehicle (and anything in, on or attached to, the vehicle) if the owner of the vehicle has not paid the fee within 14 days of the Council impounding the vehicle.\n\nSch. 11 cl. 3(1A) inserted by No. 63/2012 s. 28(2).\n\n(1A) Before exercising the power conferred by subclause (1)(d), the Council must take reasonable steps to notify the owner of the vehicle that the vehicle has been impounded and may be sold, destroyed or given away unless the specified fee is paid within 14 days.\n\n(2) The Council, and anyone who obtains the vehicle from the Council under subclause (1)(d), is not liable to the owner of the vehicle or any other person in respect of any action taken under that subclause.\n\n(3) The fee set for the purposes of subclause (1)(c) must not exceed an amount that reasonably represents the cost to the Council of impounding, moving, keeping and releasing the vehicle (including any relevant overhead and other indirect costs).\n\nSch. 11 cl. 3(4) inserted by No. 63/2012 s. 28(3).\n\n(4) For the purposes of subclause (1), a Council may consider that a vehicle has been abandoned if the vehicle has not been moved for 2 months.\n\nSch. 11 cl. 4 amended by No. 33/1995 s. 11(e).\n\n\t4 Power to move obstructing vehicles\n\nA Council may move or impound any vehicle that is causing an unlawful obstruction, or that is unlawfully parked or left standing in an area designated by the Minister, and may charge the owner of the vehicle a fee of up to the amount of the fee set for the purposes of clause 3(1)(c).\n\n\t5 Power to move other obstructions\n\nSch. 11 cl. 5(a) amended by No. 109/2003 s. 92(a)(b).\n\n(a) move any thing that encroaches on or obstructs the free use of a road or that reduces the breadth, or confines the limits, of a road (including any thing placed on the road under clause 9, 10 or 11);\n\n(b) require any person responsible for, or in control of, the thing to move it.\n\n\t6 Power to restrict traffic near a construction site\n\nFor the purposes of enabling works to be carried out on or over a road, or land next to a road, a Council may—\n\n(a) fence off and occupy part of the road;\n\n(b) erect a structure or temporary crossing for vehicles on, or over, the road;\n\n(c) permit a person to do anything the Council may do under paragraph (a) or (b).\n\n\t7 Power to close road on seasonal basis\n\nA Council may close a road, or part of a road, for a particular period during the year.\n\n\t8 Power to erect and remove works and structures\n\n(1) A Council may erect and remove any works or structures—\n\n(a) to protect passengers, pedestrians and drivers on a road; or\n\n(b) to regulate traffic on a road.\n\nSch. 11 cl. 8(2) repealed by No. 12/2004 s. 147(4).\n\n\t9 Power to place obstructions or barriers on a road permanently\n\n(1) A Council may block or restrict the passage or access of vehicles on a road by placing and maintaining any permanent barrier or other obstruction on the road.\n\nSch. 11 cl. 9(2) amended by No. 49/2019 s. 186(Sch. 4 item 25.3(a)).\n\n(2) A Council must not exercise this power unless it has considered a report from the Head, Transport for Victoria concerning the exercise of the power.\n\n(3) The exercise of this power is subject to any direction of the Minister.\n\nSch. 11 cl. 9(4) amended by Nos 12/2004 s. 147(5), 49/2019 s. 186(Sch. 4 item 25.3(a)).\n\n(4) This clause does not apply to a freeway or an arterial road within the meaning of the **Road Management Act 2004**, unless the Council has the consent of the Head, Transport for Victoria.\n\n\t10 Power to place obstructions or barriers on a road temporarily\n\n(1) A Council may block or restrict the passage or access of vehicles on a road by placing and maintaining any temporary barrier or other obstruction on the road—\n\n(a) for as long as is necessary to prevent any injury to any person or damage to any property (including damage to the road itself); or\n\n(b) for as long as is necessary for a procession, public ceremony or function; or\n\n(c) for a genuine traffic diversion experiment.\n\nSch. 11 cl. 10(2) amended by No. 49/2019 s. 186(Sch. 4 item 25.3(b)).\n\n(2) A Council must not exercise the power given to it under subclause (1)(c) unless it has considered a report from the Head, Transport for Victoria concerning the exercise of the power.\n\nSch. 11 cl. 10(3) amended by Nos 12/2004 s. 147(5), 49/2019 s. 186(Sch. 4 item 25.3(b)).\n\n(3) This clause does not apply to a freeway or an arterial road within the meaning of the **Road Management Act 2004**, unless the Council has the consent of the Head, Transport for Victoria.\n\n\t11 Powers concerning shopping malls\n\nA Council may declare a road, or a part of a road, to be a shopping mall and may prohibit or restrict the entry of motor vehicles into any such mall.\n\n\t12 Power to restrict use of road by vehicles of a certain size etc.\n\n(1) A Council may prohibit or restrict the use of a road by any motor vehicle of, or over, a certain size or weight.\n\n(2) Despite anything to the contrary in section 223, if in the opinion of the Council the use of a road by motor vehicles of, or over, a certain weight poses an immediate risk of danger to people or damage to property (including damage to the road itself), the Council may exercise a power under this clause before it makes a final decision on the exercise of the power.\n\n","sortOrder":121},{"sectionNumber":"13","sectionType":"section","heading":"Power to determine speed limits","content":"\t13 Power to determine speed limits\n\nA Council may determine speed limits for vehicles on a road.\n\n","sortOrder":122},{"sectionNumber":"14","sectionType":"section","heading":"Power to prohibit traffic on unsafe roads","content":"\t14 Power to prohibit traffic on unsafe roads\n\nA Council may prohibit or restrict traffic on a road that it considers is unsafe for that traffic.\n\nSch. 11A inserted by No. 43/1993  \ns. 5,  \namended by Nos 33/1995  \ns. 10(a)–(c), 34/1996  \ns. 33(i), repealed by No. 27/1997  \ns. 26(2).\n\nSchedule 12—Regulations\n\n1 Any matter relating to enrolment and the preparation of voters' rolls.\n\n2 Providing for exemptions from and the enforcement of compulsory voting.\n\nSch. 12 cl. 3 amended by Nos 15/1992 s. 25(1)(a), 109/2003 s. 29(j).\n\n3 Providing for a system of early voting including the empowering of a returning officer to issue guidelines relating to electoral material in relation to pre-poll voting.\n\n4 Providing for a system of postal voting.\n\nSch. 12 cl. 5 amended by No. 54/1998  \ns. 21.\n\n5 Enabling an election to be held by postal voting or by attendance voting.\n\nSch. 12 cl. 5A inserted by No. 15/1992 s. 25(1)(b).\n\n","sortOrder":123},{"sectionNumber":"5A","sectionType":"section","heading":"Providing for unenrolled voters to lodge a vote at an election.","content":"5A Providing for unenrolled voters to lodge a vote at an election.\n\nSch. 12 cl. 5B inserted by No. 15/1992 s. 25(1)(b).\n\n","sortOrder":124},{"sectionNumber":"5B","sectionType":"section","heading":"Any matter relating to the holding of a poll of voters.","content":"5B Any matter relating to the holding of a poll of voters.\n\n6 Enabling the use of electronic equipment for elections and the counting of votes.\n\nSch. 12 cl. 7 amended by No. 109/2003 s. 29(k).\n\n7 Providing for mobile voting centres.\n\nSch. 12 cl. 8 amended by No. 15/1992 s. 24(2), substituted by No. 109/2003 s. 28(4).\n\n8 Providing for any matter relating to the approval and registration of how-to-vote cards, including prescribing a right to apply to the Victorian Civil and Administrative Tribunal for a review of specified decisions.\n\n9 Prescribing the matters in respect of which a Council must keep accounts and records.\n\n10 Prescribing the manner and form in which the accounts and records must be kept.\n\n11 Prescribing the entries to be made in accounts and records.\n\nSch. 12 cl. 11A inserted by No. 40/1994 s. 7(a), repealed by No. 59/1999 s. 5(d).\n\nSch. 12 cl. 11B inserted by No. 99/1994 s. 23.\n\n11B Prescribing how the cost of a benefit, allowance or item of remuneration is to be calculated for the purposes of the definition of ***total remuneration*** in section 3(1).\n\n12 Providing for the establishment of loan funds, reserve funds and other prescribed funds.\n\nSch. 12 cl. 12A inserted by No. 53/2015 s. 38.\n\n","sortOrder":125},{"sectionNumber":"12A","sectionType":"section","heading":"Prescribing provisions to be included in the Councillor Code of Conduct.","content":"12A Prescribing provisions to be included in the Councillor Code of Conduct.\n\nSch. 12 cl. 12B inserted by No. 53/2015 s. 38.\n\n","sortOrder":126},{"sectionNumber":"12B","sectionType":"section","heading":"Prescribing matters to be included in the Councillor Code of Conduct.","content":"12B Prescribing matters to be included in the Councillor Code of Conduct.\n\nSch. 12 cl. 12C inserted by No. 53/2015 s. 38.\n\n12C Prescribing processes for the conduct of the internal resolution procedure of a Council.\n\n13 Providing for the handling or disposal of unclaimed money.\n\n14 Providing for the dismissal or the reduction in status of members of Council staff.\n\n15 Prescribing rights of appeal against dismissal or reduction in status.\n\n16 Providing for the payment of long service leave and other benefits to members of Council staff.\n\n17 Providing for termination and redundancy of members of Council staff, payments on termination and redundancy and appeals relating to termination and redundancy.\n\nSch. 12 cl. 17A inserted by No. 64/2009 s. 61.\n\n17A Prescribing details with respect to the preparation and content of local laws.\n\n18 Prescribing fees and deposits for the purposes of this Act.\n\n19 Prescribing forms for the purposes of this Act.\n\nSch. 12 cl. 20 inserted by No. 40/1994 s. 7(b), substituted by No. 59/1999 s. 7.\n\n","sortOrder":127},{"sectionNumber":"20","sectionType":"section","heading":"Any matter relating to Division 3 of Part 9 including—","content":"20 Any matter relating to Division 3 of Part 9 including—\n\n(a) exempting a service or a class of service from the application of the Division;\n\n(b) requiring Councils to report on any matter under the Division and specifying the form and contents of the reports.\n\nSch. 12 cl. 21 inserted by No. 40/1994 s. 7(b).\n\n","sortOrder":128},{"sectionNumber":"21","sectionType":"section","heading":"Exempting classes of contract from section 186.","content":"21 Exempting classes of contract from section 186.\n\nSch. 12 cl. 22 inserted by No. 109/2003 s. 33(5).\n\n22 Any matters to be considered under section 219F in the conduct of an electoral representation review and the making of recommendations relating to the number of Councillors, electoral structures and ward boundaries.\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 16 November 1988*\n\n*Legislative Council: 11 April 1989*\n\nThe long title for the Bill for this Act was \"A Bill to reform the law relating to Local Government in Victoria.\".\n\nThe **Local Government Act 1989** was assented to on 9 May 1989 and came into operation as follows:\n\nSections 1–96, 98, 99, 111–124, 186–206, 208–220, 222–228, 231–243, Schedules 1–6, 8, 10–12 on 1 November 1989: Government Gazette 1 November 1989 page 2798; section 101 on 1 March 1991; sections 97, 100, 102–110, Schedule 7 on 1 October 1991; sections 125–185, 207, 221, 229, 230, Schedule 9 on 1 October 1992: Government Gazette 4 July 1990 page 2022.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Local Government Act 1989** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Transport (Amendment) Act 1989, No. 44/1989**\n\n| Assent Date: | 6.6.89 |\n| Commencement Date: | S. 42(1) on 1.11.89: s. 2(4); s. 42(2) on 1.11.89: s. 2(5) |\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989**\n\n| Assent Date: | 14.6.89 |\n| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |\n\n**Water (Consequential Amendments) Act 1989, No. 81/1989**\n\n| Assent Date: | 5.12.89 |\n| Commencement Date: | 1.11.90: Government Gazette 15.8.90 p. 2473 |\n\n**Local Government (Amendment) Act 1990, No. 13/1990**\n\n| Assent Date: | 8.5.90 |\n| Commencement Date: | Ss 1, 2, 6, 31, 39(2), 40–42, 44–46 on 8.5.90: s. 2(2)(a); ss 23, 37, 38, 39(1)(3) on 9.5.89: s. 2(2)(b); ss 3–5, 7–22, 24–30, 32–36, 43 on 8.5.90: Special Gazette (No. 20) 8.5.90 p. 1 |\n\n**Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991**\n\n| Assent Date: | 25.6.91 |\n| Commencement Date: | S. 69 on 25.6.91: s. 2(4) |\n\n**Local Government (Rating) Act 1991, No. 78/1991** (as amended by No. 22/1992)\n\n| Assent Date: | 3.12.91 |\n| Commencement Date: | Ss 19, 26 on 1.11.89: s. 2(1); s. 25 on 1.10.92: s. 2(2); s. 28(1) on 9.5.89: s. 2(3); s. 28(2) on 8.5.90: s. 2(4); rest of Act on 3.12.91: s. 2(5) |\n\n**Local Government (Elections) Act 1992, No. 15/1992**\n\n| Assent Date: | 2.6.92 |\n| Commencement Date: | Ss 1, 2, 5–7, 9–25 on 3.6.92: Government Gazette 3.6.92 p. 1306; ss 3, 4 on 20.5.93: Government Gazette 20.5.93 p. 1188—see **Interpretation of Legislation Act 1984**; s. 8 on 25.5.95: Government Gazette 25.5.95 p. 1216 |\n\n**Local Government (Financial) Act 1992, No. 22/1992**\n\n| Assent Date: | 16.6.92 |\n| Commencement Date: | All of Act (*except* ss 3, 19, 20) on 16.6.92: s. 2(1); s. 19 on 1.10.92: s. 2(3); s. 20 on 1.10.92: s. 2(4); s. 3 on 1.10.93: Government Gazette 9.9.93 p. 2496 |\n\n**Caravan Parks and Movable Dwellings (Amendment) Act 1993, No. 23/1993**\n\n| Assent Date: | 25.5.93 |\n| Commencement Date: | Ss 1, 2 on 25.5.93: s. 2(1); rest of Act on 1.11.93: Government Gazette 23.9.93 p. 2601 |\n\n**Local Government (General Amendment) Act 1993, No. 43/1993**\n\n| Assent Date: | 1.6.93 |\n| Commencement Date: | Ss 1–6, 8, 10, 11, 13, 15–20, 22, 24, 26 on 1.6.93: s. 2(1); s. 12 on 1.10.93: s. 2(3); ss 23, 25 on 2.9.93: Government Gazette 2.9.93 p. 2454; ss 14, 21 on 1.10.93: Government Gazette 23.9.93 p. 2602; s. 7 on 31.3.94: Government Gazette 31.3.94 p. 771; s. 9 on 25.5.95: Government Gazette 25.5.95 p. 1216 |\n\n**City of Melbourne Act 1993, No. 98/1993**\n\n| Assent Date: | 18.11.93 |\n| Commencement Date: | S. 12 on 28.9.93: s. 2(2); rest of Act on 18.11.93: s. 2(1) |\n\n**Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993**\n\n| Assent Date: | 7.12.93 |\n| Commencement Date: | S. 37(2) on 3.12.91: s. 2(2); s. 37(3) on 1.6.93: s. 2(3); rest of Act (*except* ss 4(2), 6, 9) on 7.12.93: s. 2(4); ss 4(2), 6, 9 on 1.10.95: s. 2(1) |\n\n**Financial Management Act 1994, No. 18/1994** (as amended by No. 75/1994)\n\n| Assent Date: | 10.5.94 |\n| Commencement Date: | Pt 1 (ss 1–8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2) |\n\n**Local Government (Competitive Tendering) Act 1994, No. 40/1994**\n\n| Assent Date: | 7.6.94 |\n| Commencement Date: | Ss 1, 2 on 7.6.94: s. 2(1); rest of Act (*except* s. 6) on 1.10.94: s. 2(4); s. 6 on 1.10.94: s. 2(3) |\n\n**Valuation of Land (Amendment) Act 1994, No. 91/1994**\n\n| Assent Date: | 6.12.94 |\n| Commencement Date: | Pt 1 (ss 1, 2), ss 5–9, 38, 39 on 6.12.94: s. 2(1); ss 3, 36, 37 on 1.1.95: s. 2(2); ss 4, 35 on 1.10.94: s. 2(3); Pt 3 (ss 10–34) on 23.1.95: Government Gazette 19.1.95 p. 121 |\n\n**Crown Lands Acts (Amendment) Act 1994, No. 96/1994**\n\n| Assent Date: | 13.12.94 |\n| Commencement Date: | Pt 1 (ss 1, 2) on 13.12.94: s. 2(1); rest of Act on 26.1.95: Government Gazette 26.1.95 p. 163 |\n\n**Local Government (Amendment) Act 1994, No. 99/1994**\n\n| Assent Date: | 13.12.94 |\n| Commencement Date: | All of Act (*except* ss 7, 25) on 13.12.94: s. 2(1); s. 7 on 1.1.96: s. 2(3); s. 25 on 1.1.96: s. 2(4) |\n\n**Constitution (Court of Appeal) Act 1994, No. 109/1994**\n\n| Assent Date: | 20.12.94 |\n| Commencement Date: | Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 |\n\n**Local Government (Further Amendment) Act 1995, No. 33/1995**\n\n| Assent Date: | 6.6.95 |\n| Commencement Date: | All of Act (*except* ss 4, 5) on 6.6.95: s. 2(1); ss 4, 5 on 1.7.95: s. 2(2) |\n\n**Equal Opportunity Act 1995, No. 42/1995**\n\n| Assent Date: | 14.6.95 |\n| Commencement Date: | S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; s. 223(Sch. 1 item 3), Sch. 2 item 23 on 1.1.96: Government Gazette 21.12.95 p. 3571 |\n\n**Trade Measurement (Administration) Act 1995, No. 60/1995**\n\n| Assent Date: | 20.6.95 |\n| Commencement Date: | S. 28(2) on 1.1.96: Government Gazette 7.12.95 p. 3381 |\n\n**Local Government (Elections) Act 1995, No. 76/1995**\n\n| Assent Date: | 14.11.95 |\n| Commencement Date: | 14.11.95 |\n\n**The Constitution Act Amendment (Amendment) Act 1995, No. 103/1995**\n\n| Assent Date: | 5.12.95 |\n| Commencement Date: | 5.12.95 |\n\n**Melbourne City Link Act 1995, No. 107/1995**\n\n| Assent Date: | 12.12.95 |\n| Commencement Date: | S. 123 on 14.12.95: Special Gazette (No. 120) 14.12.95 p. 3 |\n\n**Housing (Amendment) Act 1996, No. 20/1996**\n\n| Assent Date: | 2.7.96 |\n| Commencement Date: | 28.5.96: s. 2 |\n\n**Local Government (Amendment) Act 1996, No. 34/1996** (as amended by No. 76/1997)\n\n| Assent Date: | 29.10.96 |\n| Commencement Date: | All of Act (*except* ss 6(2), 8, 13, 14, 30(2)) on 29.10.96: s. 2(1); s. 13 on 20.4.98: Government Gazette 9.4.98 p. 778; ss 6(2), 8, 14, 30(2) on 1.7.98: s. 2(3) |\n\n**Legal Practice Act 1996, No. 35/1996**\n\n| Assent Date: | 6.11.96 |\n| Commencement Date: | S. 453(Sch. 1 item 52) on 1.1.97: s. 2(3) |\n\n**Shop Trading Reform Act 1996, No. 38/1996**\n\n| Assent Date: | 6.11.96 |\n| Commencement Date: | S. 13 on 26.11.96: Government Gazette 21.11.96<br>p. 2971 |\n\n**Local Government (Further Amendment) Act 1997, No. 27/1997**\n\n| Assent Date: | 27.5.97 |\n| Commencement Date: | All of Act (*except* s. 18) on 27.5.97: s. 2(1); s. 18 on 1.7.97: s. 2(2) |\n\n**Local Government (Miscellaneous Amendment) Act 1997, No. 76/1997**\n\n| Assent Date: | 25.11.97 |\n| Commencement Date: | All of Act (*except* ss 5(1), 6, 15, 18) on 25.11.97: s. 2(1); ss 5(1), 6 on 12.12.97: Government Gazette 11.12.97 p. 3364; ss 15, 18 on 31.3.98: Government Gazette 11.12.97 p. 3365 |\n\n**Audit (Amendment) Act 1997, No. 93/1997**\n\n| Assent Date: | 16.12.97 |\n| Commencement Date: | S. 28(Sch. item 18) on 1.7.98: s. 2(2) |\n\n**Geographic Place Names Act 1998, No. 7/1998**\n\n| Assent Date: | 21.4.98 |\n| Commencement Date: | S. 23 on 31.12.98: s. 2(3) |\n\n**Victorian Plantations Corporation (Amendment) Act 1998, No. 35/1998**\n\n| Assent Date: | 19.5.98 |\n| Commencement Date: | S. 17 on 26.6.98: Government Gazette 25.6.98 p. 1561 |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n\n**Melbourne City Link (Exhibition Street Extension) Act 1998, No. 50/1998**\n\n| Assent Date: | 2.6.98 |\n| Commencement Date: | 2.6.98: s. 2 |\n\n**Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998**\n\n| Assent Date: | 2.6.98 |\n| Commencement Date: | S. 311(Sch. 1 items 55.1–55.9) on 1.7.98: Government Gazette 18.6.98 p. 1512 |\n\n**Local Government (Amendment) Act 1998, No. 54/1998**\n\n| Assent Date: | 13.10.98 |\n| Commencement Date: | 13.10.98 |\n\n**Local Government (Governance and Melton) Act 1998, No. 86/1998**\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | Pt 3 (s. 26) on 17.11.98: s. 2(1) |\n\n**Rail Corporations (Further Amendment) Act 1998, No. 98/1998**\n\n| Assent Date: | 24.11.98 |\n| Commencement Date: | S. 47 on 29.4.99: Government Gazette 29.4.99 p. 967 |\n\n**Local Government (Melbourne City Council Rates) Act 1999, No. 23/1999**\n\n| Assent Date: | 25.5.99 |\n| Commencement Date: | 25.5.99 |\n\n**The Constitution Act Amendment (Amendment) Act 1999, No. 24/1999**\n\n| Assent Date: | 25.5.99 |\n| Commencement Date: | 8.6.99: s. 2 |\n\n**Audit (Amendment) Act 1999, No. 53/1999**\n\n| Assent Date: | 14.12.99 |\n| Commencement Date: | S. 26(Sch. item 15) on 1.1.00: Government Gazette 23.12.99 p. 2764 |\n\n**Local Government (Best Value Principles) Act 1999, No. 59/1999**\n\n| Assent Date: | 21.12.99 |\n| Commencement Date: | 22.12.99: s. 2 |\n\n**Local Government (Governance) Act 2000, No. 23/2000**\n\n| Assent Date: | 16.5.00 |\n| Commencement Date: | 17.5.00: s. 2 |\n\n**Local Government (Restoration of Local Democracy to Melton) Act 2000, No. 55/2000**\n\n| Assent Date: | 31.10.00 |\n| Commencement Date: | Ss 3, 4 on 1.11.00: s. 2(1); s. 5 on 17.10.01: s. 2(2) |\n\n**City of Melbourne Act 2001, No. 5/2001**\n\n| Assent Date: | 8.5.01 |\n| Commencement Date: | S. 30 on 9.5.01: Special Gazette (No. 67) 9.5.01 p. 1 |\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| Commencement Date: | S. 3(Sch. item 42) on 1.6.01: s. 2(2) |\n\n**Corporations (Consequential Amendments) Act 2001, No. 44/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | S. 3(Sch. item 74) on 15.7.01: s. 2 |\n\n**Statute Law (Further Revision) Act 2002, No. 11/2002**\n\n| Assent Date: | 23.4.02 |\n| Commencement Date: | S. 3(Sch. 1 item 42) on 24.4.02: s. 2(1) |\n\n**Electoral Act 2002, No. 23/2002**\n\n| Assent Date: | 12.6.02 |\n| Commencement Date: | S. 198 on 1.9.02: Government Gazette 29.8.02 p. 2333 |\n| Current State: | This information relates only to the provision/s amending **Local Government Act 1989** |\n\n**Environment Protection (Resource Efficiency) Act 2002, No. 37/2002**\n\n| Assent Date: | 18.6.02 |\n| Commencement Date: | S. 31 on 1.7.02: s. 2(2) |\n\n**Local Government (Democratic Reform) Act 2003, No. 109/2003**\n\n| Assent Date: | 9.12.03 |\n| Commencement Date: | Ss 3–7, 9, 15–18, 21, 22, 24, 25, 32, 33, 35(1), 36, 37, 40–42, 46–51, 52(1)(2)(4)(5), 54–56, 61, 64–69, 78, 79, 84–88, 92, 93 on 10.12.03: Special Gazette (No. 230) 10.12.03 p. 3; ss 34, 35(2) on 7.1.04: Special Gazette (No. 230) 10.12.03 p. 3; ss 71–76 on 1.2.04: s. 2(2); ss 80, 82, 83 on 13.2.04: Special Gazette (No. 230) 10.12.03 p. 3; ss 53, 57–60, 62, 63, 70 on 31.7.04: Government Gazette 29.7.04 p. 2120; s. 81 on 20.8.04: Government Gazette 29.7.04 p. 2120; s. 89 on 29.10.04: Government Gazette 28.10.04 p. 2978; ss 10–12, 14, 19, 20, 23, 27–31, 38, 39, 43–45, 52(3), 90 on 31.12.04: s. 2(4) |\n\n**Road Management Act 2004, No. 12/2004**\n\n| Assent Date: | 11.5.04 |\n| Commencement Date: | Ss 143–147 on 1.7.04: s. 2(2) |\n\n**Surveying Act 2004, No. 47/2004**\n\n| Assent Date: | 16.6.04 |\n| Commencement Date: | S. 71(Sch. item 2) on 1.1.05: s. 2(2) |\n\n**Planning and Environment (General Amendment) Act 2004, No. 81/2004**\n\n| Assent Date: | 16.11.04 |\n| Commencement Date: | S. 49 on 23.5.05: Government Gazette 19.5.05 p. 930 |\n\n**State Concessions Act 2004, No. 82/2004**\n\n| Assent Date: | 16.11.04 |\n| Commencement Date: | S. 13(Sch. item 5) on 1.3.05: s. 2(2) |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 117) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n\n**Statute Law Revision Act 2005, No. 10/2005**\n\n| Assent Date: | 27.4.05 |\n| Commencement Date: | S. 3(Sch. 1 item 14) on 28.4.05: s. 2 |\n\n**Legal Profession (Consequential Amendments) Act 2005, No. 18/2005**\n\n| Assent Date: | 24.5.05 |\n| Commencement Date: | S. 18(Sch. 1 item 61) on 12.12.05: Government Gazette 1.12.05 p. 2781 |\n\n**Electoral Legislation (Further Amendment) Act 2005, No. 38/2005**\n\n| Assent Date: | 27.7.05 |\n| Commencement Date: | S. 21 on 28.7.05: s. 2 |\n\n**Local Government (Amendment) Act 2005, No. 41/2005**\n\n| Assent Date: | 27.7.05 |\n| Commencement Date: | 28.7.05: s. 2 |\n\n**Local Government (Further Amendment) Act 2005, No. 53/2005**\n\n| Assent Date: | 13.9.05 |\n| Commencement Date: | S. 14 on 13.9.05: s. 2 |\n\n**Statute Law (Further Revision) Act 2006, No. 29/2006**\n\n| Assent Date: | 6.6.06 |\n| Commencement Date: | S. 3(Sch. 1 item 18) on 7.6.06: s. 2(1) |\n\n**Energy Legislation (Miscellaneous Amendments) Act 2006, No. 31/2006**\n\n| Assent Date: | 13.6.06 |\n| Commencement Date: | S. 10 on 14.6.06: s. 2(1), s. 11 on 1.4.07: s. 2(2) |\n\n**Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006**\n\n| Assent Date: | 13.6.06 |\n| Commencement Date: | S. 94(Sch. item 30) on 1.7.06: Government Gazette 29.6.06 p. 1315 |\n\n**Payroll Tax Act 2007, No. 26/2007**\n\n| Assent Date: | 26.6.07 |\n| Commencement Date: | S. 113 on 1.7.07: s. 2(1) |\n\n**Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008**\n\n| Assent Date: | 11.2.08 |\n| Commencement Date: | S. 57 on 12.2.08: s. 2(1) |\n\n**Relationships Act 2008, No. 12/2008**\n\n| Assent Date: | 15.4.08 |\n| Commencement Date: | S. 73(1)(Sch. 1 item 38) on 1.12.08: s. 2(2) |\n\n**Local Government Amendment (Elections) Act 2008, No. 35/2008**\n\n| Assent Date: | 5.8.08 |\n| Commencement Date: | Ss 3–38 on 15.8.08: s. 2 |\n\n**Local Government Amendment (Councillor Conduct and Other Matters) Act 2008, No. 67/2008**\n\n| Assent Date: | 18.11.08 |\n| Commencement Date: | Ss 4–19, 26–84 on 19.11.08: s. 2(1); ss 20–25 on 2.12.08: Government Gazette 27.11.08 p. 2755 |\n\n**Local Government Amendment (Conflicting Duties) Act 2009, No. 53/2009**\n\n| Assent Date: | 8.9.09 |\n| Commencement Date: | 9.9.09: s. 2 |\n\n**Local Government Amendment (Offences and Other Matters) Act 2009, No. 64/2009**\n\n| Assent Date: | 17.11.09 |\n| Commencement Date: | Ss 36–61 on 8.12.09: Special Gazette (No. 455) 8.12.09 p. 1; ss 4–35 on 1.2.10: Special Gazette (No. 455) 8.12.09 p. 1 |\n\n**Planning Legislation Amendment Act 2009, No. 66/2009**\n\n| Assent Date: | 17.11.09 |\n| Commencement Date: | S. 8 on 18.11.09: s. 2 |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 80) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 54(Sch. Pt 2 item 31) on 1.1.10: s. 2(2) |\n\n**Valuation of Land Amendment Act 2009, No. 94/2009**\n\n| Assent Date: | 15.12.09 |\n| Commencement Date: | S. 31 on 1.5.10: s. 2(2) |\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| Commencement Date: | Ss 25(5)(Sch. 2 item 6), 203(1)(Sch. 6 item 29) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n\n**Equal Opportunity Act 2010, No. 16/2010**\n\n| Assent Date: | 27.4.10 |\n| Commencement Date: | S. 209(Sch. item 4) on 1.8.11: s. 2(4) |\n\n**Local Government and Planning Legislation Amendment Act 2010, No. 58/2010**\n\n| Assent Date: | 14.9.10 |\n| Commencement Date: | Ss 3–34 on 24.9.10: Government Gazette 23.9.10 p. 2186 |\n\n**Marine Safety Act 2010, No. 65/2010**\n\n| Assent Date: | 28.9.10 |\n| Commencement Date: | S. 420(Sch. 3 item 9) on 1.7.12: s. 2(2) |\n\n**Statute Law Revision Act 2011, No. 29/2011**\n\n| Assent Date: | 21.6.11 |\n| Commencement Date: | S. 3(Sch. 1 item 55) on 22.6.11: s. 2(1) |\n\n**Local Government Amendment (Electoral Matters) Act 2011, No. 44/2011**\n\n| Assent Date: | 6.9.11 |\n| Commencement Date: | Ss 3–8 on 1.1.12: s. 2(2) |\n\n**Associations Incorporation Reform Act 2012, No. 20/2012**\n\n| Assent Date: | 1.5.12 |\n| Commencement Date: | S. 226(Sch. 5 item 19) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 |\n\n**Primary Industries and Food Legislation Amendment Act 2012, No. 60/2012**\n\n| Assent Date: | 23.10.12 |\n| Commencement Date: | S. 71 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1 |\n\n**Local Government Legislation Amendment (Miscellaneous) Act 2012, No. 63/2012**\n\n| Assent Date: | 30.10.12 |\n| Commencement Date: | Ss 3–19, 21, 24–28 on 31.10.12: s. 2(1); ss 20, 22, 23 on 1.7.13: s. 2(3) |\n\n**Planning and Environment Amendment (General) Act 2013, No. 3/2013**\n\n| Assent Date: | 19.2.13 |\n| Commencement Date: | Ss 7, 13 on 22.7.13: Special Gazette (No. 250) 2.7.13 p. 1 |\n\n**Statute Law Amendment (Directors' Liability) Act 2013, No. 13/2013**\n\n| Assent Date: | 13.3.13 |\n| Commencement Date: | Ss 33–36 on 14.3.13: s. 2 |\n\n**Heavy Vehicle National Law Application Act 2013, No. 30/2013**\n\n| Assent Date: | 4.6.13 |\n| Commencement Date: | S. 60(Sch. item 6) on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1 |\n\n**Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013**\n\n| Assent Date: | 12.11.13 |\n| Commencement Date: | S. 649(Sch. 9 item 22) on 1.7.14: s. 2(1) |\n\n**Local Government Amendment (Performance Reporting and Accountability) Act 2014, No. 5/2014**\n\n| Assent Date: | 11.2.14 |\n| Commencement Date: | Ss 4–10, 11(2)–(5), 12, 15, 16 on 18.4.14: s. 2(1); ss 11(1), 13, 14 on 1.1.15: s. 2(2) |\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| Assent Date: | 25.3.14 |\n| Commencement Date: | S. 160(Sch. 2 item 57) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| Commencement Date: | S. 10(Sch. item 99) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Filming Approval Act 2014, No. 51/2014**\n\n| Assent Date: | 12.8.14 |\n| Commencement Date: | S. 9(Sch. 2 item 8) on 1.3.15: s. 2(2) |\n\n**Privacy and Data Protection Act 2014, No. 60/2014**\n\n| Assent Date: | 2.9.14 |\n| Commencement Date: | S. 140(Sch. 3 item 29) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |\n\n**Inquiries Act 2014, No. 67/2014**\n\n| Assent Date: | 23.9.14 |\n| Commencement Date: | S. 147(Sch. 2 item 24) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 |\n\n**Local Government Legislation Amendment (Environmental Upgrade Agreements) Act 2015, No. 39/2015**\n\n| Assent Date: | 8.9.15 |\n| Commencement Date: | Ss 3, 4 on 1.11.15: Special Gazette (No. 317) 27.10.15 p. 1 |\n\n**Local Government Amendment (Improved Governance) Act 2015, No. 53/2015**\n\n| Assent Date: | 27.10.15 |\n| Commencement Date: | Ss 6, 7, 9, 11, 64, 65 on 18.11.15: Special Gazette (No. 349) 18.11.15 p. 1; ss 4, 5, 8, 10, 12, 14–55, 57–63, 66–76 on 1.3.16: Special Gazette (No. 25) 23.2.16 p. 1; ss 13, 56 on 1.9.16: s. 2(2) |\n\n**Local Government Amendment (Fair Go Rates) Act 2015, No. 65/2015**\n\n| Assent Date: | 1.12.15 |\n| Commencement Date: | Ss 3–9 on 2.12.15: s. 2 |\n\n**Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016**\n\n| Assent Date: | 31.5.16 |\n| Commencement Date: | S. 83 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1 |\n\n**Local Government Amendment Act 2016, No. 46/2016**\n\n| Assent Date: | 31.8.16 |\n| Commencement Date: | S. 3 on 31.8.16: s. 2 |\n\n**Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017**\n\n| *Assent Date:* | 16.5.17 |\n| *Commencement Date:* | S. 134(Sch. 1 item 11) on 1.9.17: s. 2(3) |\n\n**Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017**\n\n| *Assent Date:* | 26.9.17 |\n| *Commencement Date:* | Ss 79, 80 on 1.12.17: s. 2(3) |\n\n**State Taxation Acts Further Amendment Act 2017, No. 67/2017**\n\n| *Assent Date:* | 19.12.17 |\n| *Commencement Date:* | S. 78 on 20.12.17: s. 2(4) |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 80) on 1.3.19: s. 2(2) |\n\n**Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018**\n\n| Assent Date: | 29.5.18 |\n| Commencement Date: | Ss 16, 17 on 30.5.18: s. 2 |\n\n**Building Amendment (Registration of Building Trades and Other Matters) Act 2018, No. 46/2018**\n\n| *Assent Date:* | 25.9.18 |\n| *Commencement Date:* | S. 79 on 30.10.18: s. 2(2) |\n\n**Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019**\n\n| Assent Date: | 5.3.19 |\n| Commencement Date: | Ss 102–104 on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1 |\n\n**Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019**\n\n| Assent Date: | 2.7.19 |\n| Commencement Date: | S. 180 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 |\n\n**Transport Legislation Amendment Act 2019, No. 49/2019**\n\n| Assent Date: | 3.12.19 |\n| Commencement Date: | S. 186(Sch. 4 item 25) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |\n\n**Local Government Act 2020, No. 9/2020**[[1]](#endnote-2)\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | Ss 358, 359, 363, 364 on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 360 on 1.5.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 361 on 24.10.20: s. 2(3)(e); s. 362 on 1.7.21: s. 2(4) |\n\n**Great Ocean Road and Environs Protection Act 2020, No. 19/2020[[2]](#endnote-3)**\n\n| Assent Date: | 23.6.20 |\n| Commencement Date: | Ss 93, 94 on 1.12.20: s. 2(2) |\n\n**Justice Legislation Miscellaneous Amendments Act 2020, No. 22/2020**\n\n| Assent Date: | 30.6.20 |\n| Commencement Date: | S. 6 on 1.7.20: s. 2 |\n\n**Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021**\n\n| *Assent Date:* | 19.10.21 |\n| *Commencement Date:* | Ss 98, 99 on 1.9.22: s. 2(2) |\n\n**Local Government Legislation Amendment (Rating and Other Matters) Act 2022, No. 30/2022**\n\n| Assent Date: | 9.8.22 |\n| Commencement Date: | Ss 3–18 on 20.6.23: s. 2(5) |\n\n**State Taxation Acts and Other Acts Amendment Act 2023, No. 38/2023**\n\n| Assent Date: | 12.12.23 |\n| Commencement Date: | S. 14 on 13.12.23: s. 2(1) |\n\n**Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024, No. 9/2024**\n\n| Assent Date: | 26.3.24 |\n| Commencement Date: | S. 30 on 26.3.25: s. 2(3) |\n\n**Local Government Amendment (Governance and Integrity) Act 2024, No. 23/2024**\n\n| Assent Date: | 25.6.24 |\n| Commencement Date: | S. 73 on 26.6.24: s. 2(1) |\n\n**Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024**\n\n| Assent Date: | 10.9.24 |\n| Commencement Date: | S. 113(Sch. 1 item 21) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |\n\n**State Taxation Further Amendment Act 2024, No. 50/2024**\n\n| Assent Date: | 3.12.24 |\n| Commencement Date: | S. 97 on 4.12.24: s. 2(1) |\n\n**Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025**\n\n| Assent Date: | 5.8.25 |\n| Commencement Date: | Ss 102, 106(Sch. 1 item 23) on 6.8.25: s. 2(1) |\n\n**Financial Management Legislation Amendment Act 2025, No. 30/2025**\n\n| Assent Date: | 19.8.25 |\n| Commencement Date: | S. 25 on 20.8.25: s. 2 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Table of Amendments (**Local Government Act 2020**): The amendment proposed by section 361(k) of the **Local Government Act 2020**, No. 9/2020 is not included in this publication due to the earlier repeal of sections 223BA to 223BM by section 361(j).\n\n  Section 361(k) reads as follows:\n\n","sortOrder":129},{"sectionNumber":"361","sectionType":"section","heading":"Provisions repealed on the commencement specified in section 2(3)","content":"  361 Provisions repealed on the commencement specified in section 2(3)\n\n  The following provisions of the **Local Government Act 1989** are **repealed** on the commencement specified in section 2(3)—\n\n  (k) sections 223BA to 223BM. [↑](#endnote-ref-2)\n\n2. Table of Amendments (**Great Ocean Road and Environs Protection Act 2020)**: The amendment proposed by section 94 of the **Great Ocean Road and Environs Protection Act 2020**, No. 19/2020  is not included in this publication due to the earlier repeal of section 3H by section 359(b) of **Local Government Act 2020**, No. 9/2020.\n\n  Section 94 reads as follows:\n\n","sortOrder":130},{"sectionNumber":"94","sectionType":"section","heading":"New section 3I inserted","content":"  94 New section 3I inserted\n\n  After section 3H of the **Local Government Act 1989** insert—\n\n  \"3I Obligations of Councils in relation to the Great Ocean Road region\n\n  (1) A Council that is a responsible entity within the meaning of the **Great Ocean Road and Environs Protection Act 2020**, when performing a function or duty or exercising a power under this Act—\n\n  (a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Council in relation to the Great Ocean Road scenic landscapes area; and\n\n  (b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and\n\n  (c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Council in relation to the Great Ocean Road region.\n\n  (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to a declared project within the meaning of the **Major Transport Projects Facilitation Act 2009**. [↑](#endnote-ref-3)","sortOrder":131}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":848},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1989 scope. Originally focused on establishing councils and basic rating powers, it now includes: rate capping (2015), environmental upgrade agreements (2015), cladding rectification agreements (2018), complex financial hardship protections (multiple amendments), and extensive transitional provisions accommodating the 2020 Act transition. The Act has become a repository for specialized financing mechanisms and consumer protections that go well beyond traditional local government functions."},"complexity_factors":["Extensive cross-referencing with other Victorian legislation (Valuation of Land Act 1960, Local Government Act 2020, Road Management Act 2004, etc.)","Multiple overlapping amendment histories with repealed and substituted sections creating interpretive challenges","Complex mathematical formulas for rate capping (base average rate and capped average rate calculations)","Nested conditional provisions for financial hardship relief with multiple eligibility pathways","Detailed procedural requirements for special rates/charges including public notice periods, objection rights, and VCAT review","Environmental upgrade agreements and cladding rectification agreements with multi-party financing structures","Extensive defined terms section (section 3) with over 100 definitions, many cross-referencing other Acts","Transitional provisions spanning multiple amending Acts with different commencement dates","Schedules containing substantive powers (Schedules 10 and 11 on roads and traffic) with their own amendment histories"],"plain_english_summary":"This is Victoria's **Local Government Act 1989**, the foundational law governing how local councils operate in the state. Think of it as the rulebook for your city council or shire.\n\n**What it does:**\n\n- **Establishes councils as democratic bodies** — Councils must have elected representatives who are accountable to their local community.\n\n- **Sets up how councils raise money** — This is the rates and charges system. Councils can levy:\n  - **General rates** — based on property values (using site value, net annual value, or capital improved value)\n  - **Municipal charges** — flat fees for administrative costs (capped at 20% of total rate revenue)\n  - **Service rates/charges** — for specific services like waste collection\n  - **Special rates/charges** — for projects that benefit particular properties (like new drains or street construction)\n\n- **Caps rate increases** — Since 2015, there's a \"rate cap\" system. The Minister sets a maximum percentage increase (based on inflation), and councils can only exceed this with approval from the Essential Services Commission.\n\n- **Provides financial hardship protections** — People struggling financially can apply for:\n  - **Deferrals** — delaying payment without penalty\n  - **Waivers** — partial or complete forgiveness of rates\n  - **Payment plans** — structured repayment arrangements\n  - **Rebates** — reductions for properties providing public benefits\n\n- **Creates enforcement tools** — Councils can charge interest on unpaid rates, recover debts through court action, and in extreme cases (rates overdue 3+ years), sell the property to recover the debt.\n\n- **Allows environmental and cladding upgrade agreements** — Special financing arrangements where councils collect repayments for building improvements that boost energy efficiency or fix dangerous cladding.\n\n- **Gives councils road and traffic powers** — Including constructing, maintaining, and managing roads; controlling parking; and managing traffic flow.\n\n**Who it affects:**\n- Every Victorian property owner (who pays rates)\n- Renters and occupiers (who may be liable for rates in some circumstances)\n- Anyone dealing with their local council on planning, roads, or services\n\n**Why it matters:**\nThis Act balances council autonomy with protections for ratepayers. It ensures councils can fund essential services while preventing excessive rate hikes and providing safeguards for vulnerable residents. The 2020 Act (which now prevails where inconsistent) has largely replaced many parts of this 1989 Act, but key provisions on rates, charges, and some administrative matters remain in force."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Local Government Act 1989 has significantly evolved from its original scope. It has been substantially amended over three decades — most notably by the Local Government Act 2020 reforms (which modernised many provisions) — expanding its focus on community engagement, councillor conduct, gender representation, and financial transparency well beyond the more administratively-focused original 1989 version. However, insufficient text was provided to conduct a precise scope comparison."},"complexity_factors":["Extremely broad scope covering all aspects of local government operations across an entire state","Long legislative history since 1989 with numerous amendments creating layered, consolidated provisions","Interaction with many other Acts (planning laws, financial management legislation, electoral laws)","Complex financial and rating provisions requiring specialist knowledge to interpret","Multiple classes of affected parties (councils, councillors, ratepayers, staff, contractors) with different rights and obligations","Governance provisions involving constitutional-style structural rules for democratic institutions","Delegated legislation (local laws made by councils themselves) adds another layer of complexity","Enforcement and accountability mechanisms involving multiple oversight bodies","NOTE: The provided text is heavily truncated — full analysis limited by insufficient legislative detail"],"plain_english_summary":"## Local Government Act 1989 (Victoria)\n\nThis is one of Victoria's most important pieces of legislation — it's the foundational law that governs how **local councils** (your city, shire, or borough council) operate across the state.\n\n**What does it actually do?**\n- Sets out how councils are **structured, elected, and run**\n- Defines the **powers and responsibilities** of councillors and council staff\n- Establishes rules around **council finances**, including how councils can spend ratepayers' money\n- Sets out how **community members can participate** in council decisions\n- Provides rules for **rates** (the taxes councils charge property owners)\n- Establishes accountability and **oversight mechanisms** to keep councils honest\n\n**Who does this affect?**\n- **Every Victorian** — if you live in Victoria, a local council provides services to you (rubbish collection, local roads, parks, planning permits, etc.)\n- **Property owners** who pay council rates\n- **Elected councillors** and council employees, who must follow strict rules of conduct\n- **Businesses** dealing with councils for permits or contracts\n- **Community groups** seeking council support or facilities\n\n**Why does it matter?**\nLocal government is the level of government closest to your everyday life. This Act determines whether your council is accountable, how your rates are set, and what rights you have to have a say in local decisions. It's been in place since 1989 and has been updated many times to reflect modern expectations of transparency and community engagement."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1989 purpose of reforming local government. It now includes detailed regimes for rate caps (Part 8A), environmental upgrade agreements (Division 2A of Part 8), and cladding rectification (Part 8B) that were not part of the original scheme. These additions address specific policy concerns and expand council powers and obligations well beyond the initial framework."},"complexity_factors":["Over 250 sections plus schedules, many of which are repealed or heavily amended","Large number of defined terms (over 100 in section 3 alone)","Extensive cross-referencing between parts, sections, and other Acts","Numerous nested exceptions and conditions (e.g., special rates and charges procedures)","Multiple amendment layers with transitional provisions for different commencement dates","Complex delegation and regulation-making powers"],"plain_english_summary":"This Act sets out the rules for how local councils in Victoria operate. It covers everything from how councils are elected, how they make decisions, how they manage their money, and how they charge rates and fees to property owners. It also gives councils powers over local roads, traffic, drains, and other public services. Recent additions include rules for councils to cap rate increases (rate caps), to enter into special agreements with property owners to fund environmental upgrades (like energy efficiency improvements), and to help pay for fixing dangerous building cladding. The Act is very detailed and has been amended many times, so it's complex. It affects all Victorian councils, ratepayers, and anyone who owns or occupies land in Victoria."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-act-1989","history":"/api/acts/local-government-act-1989/history","analysis":"/api/acts/local-government-act-1989/analysis","conflicts":"/api/acts/local-government-act-1989/conflicts","importantCases":"/api/acts/local-government-act-1989/important-cases","documents":"/api/acts/local-government-act-1989/documents"}}