{"id":"sr:melbourne-strategic-assessment-environment-mitigation-levy-regulations","name":"Melbourne Strategic Assessment (Environment Mitigation Levy) Regulations 2020","slug":"melbourne-strategic-assessment-environment-mitigation-levy-regulations-2020","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181579,"registerId":"vic-sr:melbourne-strategic-assessment-environment-mitigation-levy-regulations-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Melbourne Strategic Assessment (Environment Mitigation Levy) Regulations 2020","content":"Version No. 001\n\n**Melbourne Strategic Assessment (Environment Mitigation Levy) Regulations 2020**\n\n**S.R. No. 61/2020**\n\nVersion as at  \n1 July 2020\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definitions 1\n\n5 Prescribed telecommunications infrastructure 2\n\n6 Prescribed transport infrastructure reservations 2\n\n7 The environment mitigation information system 4\n\n8 Applications for staged payment approval—eligible levy events 5\n\n9 Levy assessment notice 5\n\n10 Conservation activities 7\n\n11 Conservation outcomes 8\n\n═════════════\n\nEndnotes 10\n\n1 General information 10\n\n2 Table of Amendments 12\n\n3 Amendments Not in Operation 13\n\n4 Explanatory details 14\n\n**Version No.** **001**\n\n**Melbourne Strategic Assessment (Environment Mitigation Levy) Regulations 2020**\n\n**S.R. No. 61/2020**\n\nVersion as at  \n1 July 2020\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe matters required or permitted to be prescribed for the purposes of the **Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 128 of the **Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 July 2020.\n\n\t4 Definitions\n\nIn these Regulations—\n\n***facility*** has the meaning given by section 7 of the Telecommunications Act 1997 of the Commonwealth;\n\n***facility installation permit*** has the meaning given by clause 2 of Schedule 3 of the Telecommunications Act 1997 of the Commonwealth;\n\n***Hume planning scheme*** means the planning scheme applying to the municipal district of the Hume City Council;\n\n***installation*** has the meaning given by clause 2 of Schedule 3 of the Telecommunications Act 1997 of the Commonwealth;\n\n***Melton planning scheme*** means the planning scheme applying to the municipal district of the Melton City Council;\n\n***Mitchell planning scheme*** means the planning scheme applying to the municipal district of the Mitchell Shire Council;\n\n***the Act***  means the **Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020**;\n\n***Whittlesea planning scheme*** means the planning scheme applying to the municipal district of the Whittlesea City Council;\n\n***Wyndham planning scheme*** means the planning scheme applying to the municipal district of the Wyndham City Council.\n\n\t5 Prescribed telecommunications infrastructure\n\n(1) For the purposes of section 6(f)(i) of the Act, the prescribed infrastructure is a facility installed under a facility installation permit.\n\n(2) For the purposes of section 6(f)(ii) of the Act, prescribed works are works for the installation of a facility under a facility installation permit.\n\n\t6 Prescribed transport infrastructure reservations\n\nFor the purposes of the definition of ***transport infrastructure reservation*** in section 7(2) of the Act, the following reservations are prescribed—\n\n(a) the reservation imposed by clause 45.01 of the Hume planning scheme for the purpose described in the Schedule to that clause as \"Outer Metropolitan Ring/E6 Transport Corridor\" and shown as \"PAO3\" on the maps comprising part of that scheme;\n\n(b) the reservation imposed by clause 45.01 of the Melton planning scheme for the purpose described in the Schedule to that clause as \"Outer Metropolitan Ring/E6 Transport Corridor\" and shown as \"PAO3\" on the maps comprising part of that scheme;\n\n(c) the reservation imposed by clause 45.01 of the Melton planning scheme for the purpose described in the Schedule to that clause as \"Outer Metropolitan Ring/E6 Transport Corridor – Rail Connections\" and shown as \"PAO6\" on the maps comprising part of that scheme;\n\n(d) the reservation imposed by clause 45.01 of the Mitchell planning scheme for the purpose described in the Schedule to that clause as \"Outer Metropolitan Ring/E6 Transport Corridor\" and shown as \"PAO7\" on the maps comprising part of that scheme;\n\n(e) the reservation imposed by clause 45.01 of the Mitchell planning scheme for the purpose described in the Schedule to that clause as \"Outer Metropolitan Ring/E6 Transport Corridor – Rail Connections\" and shown as \"PAO8\" on the maps comprising part of that scheme;\n\n(f) the reservation imposed by clause 45.01 of the Whittlesea planning scheme for the purpose described in the Schedule to that clause as \"Outer Metropolitan Ring/E6 Transport Corridor\" and shown as \"PAO6\" on the maps comprising part of that scheme;\n\n(g) the reservation imposed by clause 45.01 of the Whittlesea planning scheme for the purpose described in the Schedule to that clause as \"Outer Metropolitan Ring/E6 Transport Corridor – Rail Connections\" and shown as \"PAO7\" on the maps comprising part of that scheme;\n\n(h) the reservation imposed by clause 45.01 of the Wyndham planning scheme for the purpose described in the Schedule to that clause as \"Outer Metropolitan Ring/E6 Transport Corridor\" and shown as \"PAO5\" on the maps comprising part of that scheme;\n\n(i) the reservation imposed by clause 45.01 of the Wyndham planning scheme for the purpose described in the Schedule to that clause as \"Outer Metropolitan Ring/E6 Transport Corridor – Rail Connections\" and shown as \"PAO8\" on the maps comprising part of that scheme.\n\n\t7 The environment mitigation information system\n\nFor the purposes of sections 19(4)(b) and 116(h) of the Act, the prescribed standard is that, if a calculation, recording or depiction is made in relation to an area under section 19(1)(c) of the Act, the environment mitigation information system must calculate, record or depict to a standard that is accurate to 0∙001 of a hectare, provided the sources of information available for input into the system support a calculation, recording or depiction to that standard.\n\n\t8 Applications for staged payment approval—eligible levy events\n\nFor the purposes of section 26(1)(b) of the Act, the following levy events are prescribed—\n\n(a) the certification of a plan of subdivision submitted under section 35 of the **Subdivision Act 1988** in relation to land wholly or partly within the levy area for which a statement of compliance is not required to be issued before registration of that plan under that Act;\n\n(b) the making of an application for a building permit for the construction of a building on Crown land within the levy area;\n\n(c) the approval of a work plan under section 77G of the **Mineral Resources (Sustainable Development) Act 1990** to carry out an extractive industry on Crown land within the levy area;\n\n(d) the approval of a variation of a work plan under section 77HB of the **Mineral Resources (Sustainable Development) Act 1990** to carry out an extractive industry on Crown land within the levy area;\n\n(e) the completion of utility infrastructure work on Crown land within the levy area;\n\n(f) the completion of construction of a road, a part of a road or road infrastructure on Crown land within the levy area.\n\n\t9 Levy assessment notice\n\nFor the purposes of section 60(2) of the Act, the following information is prescribed—\n\n(a) the name of the person who has the levy liability;\n\n(b) the basis on which the person has the levy liability;\n\n(c) a description of the event that is the levy event giving rise to the liability;\n\n(d) the date on which the levy event occurred;\n\n(e) a description of the levy land in relation to the levy event;\n\n(f) the land particulars in relation to the relevant levy land or, in the case of a staged payment approval, the land in respect of the stage;\n\n(g) the amount of the levy or, in the case of a staged payment approval, the amount of the levy in respect of the stage;\n\n(h) how the amount of the levy or, in the case of a staged payment approval, the amount of the levy in respect of the stage, was calculated including—\n\n(i) the amount of each component levy amount forming part of the amount; and\n\n(ii) the area of the levy land to which the amount relates; and\n\n(iii) the area of any habitat area or Native vegetation area in relation to which there is an applicable component levy amount; and\n\n(iv) the number of Scattered tree locations within the levy land in relation to which there is an applicable component levy amount; and\n\n(v) the applicable rate per hectare, or per Scattered tree location, for each component levy amount;\n\n(i) the date for payment of the amount of the levy or, if the Secretary has approved a staged payment, the date for payment for the amount of the levy in respect of the stage;\n\n(j) if a person may apply for a staged payment approval under section 26 of the Act, that the person may apply for a staged payment approval before the end of the period of time within which the levy must be paid;\n\n(k) that the liable person has the right to lodge an objection under section 65 of the Act within 90 days after the date of service of the levy assessment notice.\n\n\t10 Conservation activities\n\n(1) For the purposes of section 90(1)(c) of the Act, the following activities are prescribed—\n\n(a) the acquisition of land for the conservation of a matter of national environmental significance referred to in subregulation (2)(a) to (d);\n\n(b) the management of land for the conservation of a matter of national environmental significance referred to in subregulation (2)(a) to (e);\n\n(c) community education for the conservation of the matter of national environmental significance referred to in subregulation (2)(e);\n\n(d) land or biodiversity conservation programs for the conservation of a matter of national environmental significance referred to in subregulation (2)(a) to (e);\n\n(e) the acquisition of land, the management of land and land or biodiversity conservation programs for the conservation of native vegetation not in conservation areas.\n\n(2) For the purposes of section 90(1)(c) of the Act, the following matters of national environmental significance are prescribed—\n\n(a) Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland Plains;\n\n(b) the Spiny Rice-flower (*pimelea spinescens*);\n\n(c) the Matted Flax-lily (*dianella amoena*);\n\n(d) the Golden Sun Moth (*synemon plana*);\n\n(e) the Southern Brown Bandicoot (*isoodon obesulus*).\n\n\t11 Conservation outcomes\n\nFor the purposes of section 93 of the Act, the following matters of national environmental significance are prescribed—\n\n(a) Natural Temperate Grassland of the Victorian Volcanic Plain;\n\n(b) Grassy Eucalypt Woodland of the Victorian Volcanic Plain;\n\n(c) Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland Plains;\n\n(d) Growling Grass Frog (*litoria raniformis*);\n\n(e) Golden Sun Moth (*synemon plana*);\n\n(f) Southern Brown Bandicoot (*isoodon obesulus*);\n\n(g) Striped Legless Lizard (*delma impar*);\n\n(h) Matted Flax-lily (*dianella amoena*);\n\n(i) Spiny Rice-flower (*pimelea spinescens*);\n\n(j) Button Wrinklewort (*rutidosis leptorhynchoides*);\n\n(k) Large Fruit Groundsel (*senecio marcocarpus*);\n\n(l) Small Golden Moths Orchid  (*diuris basaltica*).\n\n═════════════\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\nThe Melbourne Strategic Assessment (Environment Mitigation Levy) Regulations 2020, S.R. No. 61/2020 were made on 30 June 2020 by the Governor in Council under section 128 of the **Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020**, No. 1/2020 and came into operation on 1 July 2020: regulation 3.\n\nThe Melbourne Strategic Assessment (Environment Mitigation Levy) Regulations 2020 will sunset 10 years after the day of making on 30 June 2030 (see section 5 of the **Subordinate Legislation Act 1994**).\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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule 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 a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Melbourne Strategic Assessment (Environment Mitigation Levy) Regulations 2020 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear to fulfil their originally stated purpose — providing the operational machinery for the environment mitigation levy under the Melbourne Strategic Assessment framework. There is no evident scope creep or departure from the original policy intent, which was always to create a developer-funded mechanism to offset environmental impacts of urban growth in Melbourne's designated corridors."},"complexity_factors":["Operates within a layered regulatory framework — the regulations sit beneath the primary Melbourne Strategic Assessment approval and enabling legislation, requiring understanding of multiple instruments","Technical levy calculation mechanisms can involve land valuations, area measurements, and indexation formulas that require specialist knowledge to apply","Geographic specificity — affected parties must determine whether their land falls within designated trigger zones, which requires cross-referencing maps and planning schemes","Interaction with planning law — the levy intersects with Victorian planning permits, subdivision processes, and potentially Commonwealth environment law (EPBC Act approval)","Limited public familiarity with the MSA framework means context is not intuitive for most readers","Administrative compliance obligations (timing of payments, who to pay, record-keeping) add procedural complexity for affected parties"],"plain_english_summary":"The regulations set out how a compulsory environmental levy under the Melbourne Strategic Assessment is applied to property developers and landowners in designated urban growth corridors (notably parts of Melbourne’s west, including Werribee and Wyndham). \n\nThey provide the technical and administrative rules for calculating, timing, collection and enforcement of payments that fund habitat protection and management to offset biodiversity impacts from development—so affected parties must comply or risk delays and penalties."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: operationalising the parent Act by prescribing specific infrastructure exemptions, mapping transport corridors, detailing levy notice contents, and identifying conservation targets. There is no evidence of scope creep; the instrument is a standard 'machinery' regulation that fills in the administrative details anticipated by the primary legislation."},"complexity_factors":["Short instrument: only 11 substantive regulations spanning approximately 8 pages of operational content","Minimal defined terms: 9 definitions in regulation 4, mostly importing meanings from other Acts (Telecommunications Act 1997) or naming planning schemes","No nested conditional logic: regulations operate as straightforward prescriptions without 'if-then-else' chains or exceptions to exceptions","Limited cross-referencing: references are primarily to specific sections of the parent Act (Melbourne Strategic Assessment Act 2020) and external planning schemes, with no complex interdependencies","Highly specific but simple lists: regulations 6, 8, 10 and 11 consist of exhaustive enumerations (planning scheme clauses, levy events, species names) that are lengthy but mechanically straightforward","Technical precision without legal complexity: regulation 7 requires 0.001 hectare accuracy — a technical standard that is precise but conceptually simple"],"plain_english_summary":"These regulations set out the practical details for how a special environmental tax (called the 'environment mitigation levy') works in Melbourne's outer growth areas. The levy applies when developers clear land for housing or infrastructure in specific northern and western suburbs (Hume, Melton, Mitchell, Whittlesea and Wyndham).\n\n**Key things these rules do:**\n\n*   **Define what triggers the tax:** They list exactly what types of development activities require payment — including subdividing land, building permits on Crown land, mining/extractive industry approvals, and building roads or utilities on government land.\n\n*   **Set technical standards:** They require the government's mapping system to record habitat areas with extreme precision (down to 0.001 of a hectare — roughly the size of a small backyard garden bed).\n\n*   **Specify what must be on tax bills:** They mandate 11 specific details on every levy notice, including how the amount was calculated, what habitat types are involved, and the taxpayer's right to object within 90 days.\n\n*   **Identify protected species and habitats:** They name specific endangered plants and animals that conservation money must protect — including the Southern Brown Bandicoot, Golden Sun Moth, Growling Grass Frog, and rare grasslands like the Natural Temperate Grassland of the Victorian Volcanic Plain.\n\n*   **Allow staged payments:** They identify which development activities can apply to pay the levy in instalments rather than upfront.\n\n*   **Exempt certain infrastructure:** They clarify that telecommunications equipment installed under Commonwealth permits (like mobile phone towers) is exempt from the levy.\n\n*   **Map transport corridors:** They pinpoint specific road and rail reservations (the 'Outer Metropolitan Ring/E6 Transport Corridor') across five council areas that are treated differently under the scheme.\n\n**Who it affects:** Property developers, councils, and government agencies working in Melbourne's growth corridors. The money collected funds conservation of threatened species and habitats destroyed by urban sprawl."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These Regulations implement and fill technical detail required or permitted by the Act (reg 1) rather than expanding the Act's substantive scope. They prescribe what counts as prescribed infrastructure (reg 5), which transport reservations are included (reg 6), the eligible levy events for staged payments (reg 8), the required contents of levy assessment notices (reg 9), the mapping accuracy standard for the information system (reg 7), and the conservation activities and outcomes eligible for mitigation funding (regs 10–11). Who pays: the levy‑liable person (prescribed notice content lists the liable person, reg 9(a)). Who decides: the Secretary and other decision-makers under the Act exercise discretions such as staged payment approvals (see reg 8 in relation to Act s 26). Compliance burden arises from detailed notice requirements and technical mapping/measurement standards (reg 9(h); reg 7)."},"complexity_factors":["Cross-references to multiple external laws and planning schemes (Telecommunications Act 1997, Subdivision Act 1988, Mineral Resources (Sustainable Development) Act 1990 and various municipal planning schemes) increasing legal interdependence (regs 4, 5, 6, 8).","Detailed, technical prescriptions for levy-triggering events and staged payment eligibility, requiring administrators to map administrative events to statutory triggers (reg 8).","Comprehensive levy-notice content and required breakdown of component calculations creating administrative and compliance burden for liable persons (reg 9(a)–(k), esp. reg 9(h)).","Precision standard for the environment mitigation information system (accuracy to 0.001 ha) imposes technical data and mapping requirements (reg 7).","Geographically specific lists of transport reservations across multiple planning schemes require application of local planning maps and spatial data (reg 6).","Prescribed lists of conservation activities and specific listed species/habitats introduce ecological and programmatic specificity that connects levy funds to defined outcomes (regs 10–11).","Delegated administrative discretion (eg. approval of staged payments under section 26 of the Act, implemented by reg 8) creates decision points requiring procedural rules.","Temporal constraint (statutory rule sunset noted in Endnotes) affects long-term planning and fund administration."],"plain_english_summary":"These Regulations set out the technical rules that implement the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020. They specify which telecommunications and transport works are covered, list events that trigger levy liability, require precise mapping standards, define what a levy notice must show, and prescribe eligible conservation activities and outcomes. They affect landowners, developers, Crown agencies and infrastructure proponents in the named municipal areas because they determine when levies are payable, how amounts are calculated and what mitigation actions qualify."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/melbourne-strategic-assessment-environment-mitigation-levy-regulations-2020","history":"/api/acts/melbourne-strategic-assessment-environment-mitigation-levy-regulations-2020/history","analysis":"/api/acts/melbourne-strategic-assessment-environment-mitigation-levy-regulations-2020/analysis","conflicts":"/api/acts/melbourne-strategic-assessment-environment-mitigation-levy-regulations-2020/conflicts","importantCases":"/api/acts/melbourne-strategic-assessment-environment-mitigation-levy-regulations-2020/important-cases","documents":"/api/acts/melbourne-strategic-assessment-environment-mitigation-levy-regulations-2020/documents"}}