Victoria act

Development Victoria Act 2003

In ForceVIC

Jurisdiction

Victoria

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act

Plain English Summary

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This Act establishes Development Victoria, a state-owned corporate body to plan, manage and deliver property development and social and economic infrastructure on Crown and public land, including declared projects and the Docklands (s.1, s.5). It authorises the body to acquire, manage and dispose of land, enter joint ventures, levy development and infrastructure charges, change planning/building administration in project areas, and accept transfers of projects and assets from other public agencies (ss.8, 39–42, 51F–51X, 56D–56F).

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What it does

This Act establishes Development Victoria as a statutory body corporate and sets out its functions, governance, powers and the special project and funding tools it may use to deliver property development and social and economic capital works. Key mechanics are:

Establishment and corporate form: Development Victoria is a body corporate with perpetual succession, an official seal, capacity to sue and be sued and powers to acquire, hold and dispose of real and personal property (s 5(1)-(2)).
Functions and operating mode: Development Victoria’s primary functions are to carry out, manage or co‑ordinate property development and social and economic capital works (s 7(1)(a), (e)). Its functions are to be exercised “using commercial disciplines” (s 7(2)), but the Minister (with Treasurer approval where required) may give directions including to perform non‑commercial functions that may cause financial detriment (s 9; s 10).
Ministerial control and oversight: Development Victoria is subject to the general direction and control of the Minister and to any specific directions approved by the Treasurer (s 9(1)-(2)). Corporate planning and reporting obligations give the Minister and Treasurer continuing influence (ss 57-61, 69).
Declared projects and special powers: The Governor in Council may declare a development a “declared project” by project order (s 34). A project order specifies which of the Part 3 Divisions apply (s 34(2)); in relation to declared projects, Development Victoria represents the Crown (s 36) and Part 3 binds the Crown (s 38).
Land acquisition and dealings for a declared project: Development Victoria may acquire land by agreement (s 41), and, with relevant approvals, by compulsory process under the Land Acquisition and Compensation Act 1986 (s 42). Land may be granted to Development Victoria (s 40) and, where sold, proceeds generally go to the Consolidated Fund unless the Governor in Council authorises otherwise (s 14(2)-(3); s 40(2); s 40A).

Current sections

Direct links to the current provisions in Development Victoria Act 2003.

164

Subdiv 5

Objections 65

Subdivision 5—Objections 65

51ZG Making an objection to a general charge 65

51ZH Making an objection to an infrastructure recovery charge 66

51ZI Grounds for objection 66

51ZJ What must an objection contain? 67

51ZK Determination of objection not involving assessment of development value 67

51ZL Determination of objection involving disputed assessment of development value 67

51ZM Dispute resolution procedure 68

51ZN Determination of Development Victoria after dispute resolution conference 69

Subdiv 6

Reviews and appeals 70

Subdivision 6—Reviews and appeals 70

51ZO Application to VCAT for review 70

51ZP Appeal to Supreme Court 71

51ZQ Grounds of review or appeal 72

51ZR Powers on review or appeal 72

51ZS Costs 73

Division 6—Other powers 74

52 Exemption from duty, rates, taxes or charges 74

53 Transport facilities 75

54 Closing roads 77

55 Administration of Building Act 1993 77

56 Negotiation bonds 79

Part 3A—Transfer of designated projects to Development Victoria 81

56A Definitions 81

56B Ministers may designate project 82

56C Ministers may fix relevant date 82

56D Development Victoria and nominated agency to prepare allocation statement or statements 82

56E Certificate of nominated agency 84

56F Property and powers transferred to Development Victoria 84

56G Allocation of property etc. subject to encumbrances 85

56H Substitution of party to agreement 85

56I Nominated agency instruments 86

56J Proceedings 86

56K Interests in land 86

56L Action by Registrar of Titles 87

56M Taxes 87

56N Evidence 87

56O Designated projects that are nominated projects under the Project Development and Construction Management Act 1994 88

56P Validity of things done under this Part 88

Part 4—Corporate plan 90

57 Corporate Plan 90

58 Statement of corporate intent—contents 91

59 Corporate plan to be followed 92

60 Nothing void merely because of non-compliance 92

61 Board to give notice of significant events 93

Part 5—Financial provisions 94

62 General Fund 94

63 Project Fund 95

64 Borrowing and investment by Development Victoria 96

65 Capital 96

66 Dividends 97

67 Exceptions from sections 88 and 88B of State Owned Enterprises Act 1992 97

Part 6—Reports by Development Victoria 99

68 Reports to Minister or Treasurer 99

69 Annual report 99

Part 7—General 100

Division 1—Confidentiality 100

70 This Division binds the Crown 100

71 Improper use of information 100

72 Information to be confidential 100

73 Who is connected with Development Victoria? 101

Division 2—Evidence and legal proceedings 102

74 Proceedings 102

75 Evidence 102

76 Service of documents 103

77 Other laws not affected 104

Division 3—Duties of Registrar 104

78 Action by Registrar of Titles 104

Division 4—Regulations 105

79 Regulations 105

Part 8—Savings and transitional provisions 106

80 Definitions 106

81 Transitional—Victorian Urban Development Authority 106

82 Action by Registrar of Titles 107

83 Transitional—staff of the old Authority 108

84 Transitional—superseded references 108

85 Savings provision—corporate plan 109

Part 9—Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017—Savings and transitional provisions—establishment of Development Victoria 110

86 Definitions 110

87 Transitional provision—Urban Renewal Authority Victoria 110

88 Action by Registrar of Titles 112

89 Transitional provision—staff of the old Authority 112

90 Transitional provision—superseded references 113

91 Savings provision—corporate plan 113

Part 10—Transitional provisions—transfer of nominated projects to Development Victoria 114

93 Definitions 114

94 Transfer of nominated projects to Development Victoria 115

95 Vesting of property etc. subject to encumbrances 116

96 Substitution of party to agreement 117

97 Former agency instruments 117

98 Proceedings 117

99 Interests in land 117

100 Action by Registrar of Titles 118

101 Taxes 118

102 Evidence 118

103 Validity of things done under this Part 119

Schedule 1—Projects to be transferred to Development Victoria 121

Endnotes 123

1 General information 123

2 Table of Amendments 125

3 Explanatory details 128

Version No. 034

Development Victoria Act 2003

No. 59 of 2003

Version incorporating amendments as at

The Parliament of Victoria enacts as follows:

Part 1

Preliminary

Part 1—Preliminary

S. 1 substituted by Nos 35/2011 s. 5, 10/2017 s. 5.

Purpose

1 Purpose

The main purpose of this Act is to establish Development Victoria for the following purposes—

(a) to carry out, manage or co-ordinate the carrying out of property development and social and economic capital works projects that have the objective of optimising the social and economic value of—

(i) surplus and underutilised Crown land; and

(ii) other Crown land or public land;

(b) to provide technical and commercial advice in respect of property development and social and economic capital works projects referred to in paragraph (a) to Departments and public statutory bodies;

(d) to complete certain existing government and government agency projects;

(e) to complete the development of the Docklands area.

Commencement

2 Commencement

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

(2) If this Act does not come into operation on or before 1 July 2004, it comes into operation on that day.

Definitions

3 Definitions

In this Act—

S. 3 def. of Authority amended by No. 35/2011 s. 6(a), repealed by No. 10/2017 s. 6(a).

S. 3 def. of board amended by No. 10/2017 s. 22(1)(a).

board means the board of directors of Development Victoria;

building includes—

(a) a structure and part of a building or a structure; and

(b) fences, walls, out-buildings, service installations and other appurtenances of a building; and

declared project means a development or proposed development declared by a project order to be a project to which this Act applies;

S. 3 def. of Department inserted by No. 10/2017 s. 6(b).

Department has the same meaning as it has in the Public Administration Act 2004;

development includes—

(a) the construction or carrying out, extension, demolition or removal of a building or works;

(b) the decoration or alteration of the inside or outside of a building or the alteration of works;

(d) the installation or provision or operation of facilities or services;

(e) the relocation, deepening or widening of a waterway;

S. 3 def. of Development Victoria inserted by No. 10/2017 s. 6(b).

Development Victoria means the body corporate established under section 5;

docklands area has the same meaning as in the Docklands Act 1991;

S. 3 def. of holding and selling costs amended by No. 10/2017 s. 22(1)(b).

holding and selling costs in relation to land in a project area means—

(a) any interest, administrative or other costs incurred by Development Victoria in or incidental to developing the land or selling it; and

(b) any proportion of the costs incurred by Development Victoria in promoting the whole or part of the project area, that is a proportion that Development Victoria determines after considering the comparative areas of the land sold and the land promoted;

S. 3 def. of instrument inserted by No. 10/2017 s. 6(b).

instrument includes a document and an oral agreement;

land includes—

(a) buildings and other structures permanently fixed to land; and

(b) land covered with water; and

S. 3 def. of liabilities inserted by No. 10/2017 s. 6(b).

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

limitations in relation to land means trusts, reservations, restrictions, exceptions, encumbrances, limitations, rights, privileges, estates and interests;

project area means an area of land specified in a project order as the project area for the purposes of a declared project;

project order means an order under section 34;

S. 3 def. of property inserted by No. 10/2017 s. 6(b).

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

public statutory body means a body established by or under an Act for a public purpose or a municipal council;

S. 3 def. of rights inserted by No. 10/2017 s. 6(b).

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

road includes bridge, highway, street, lane, footway, bicycle path, pedestrian walkway, square, court, alley or right of way, whether accessible to the public generally or not;

S. 3 def. of social and economic capital works project inserted by No. 10/2017 s. 6(b).

social and economic capital works project includes a project for the development of—

(a) public facilities; or

(b) civic or open space infrastructure; or

S. 3
def. of staff amended by No. 10/2017 s. 22(1)(c).

staff means any person who is employed or engaged by Development Victoria under section 16;

S. 3 def. of urban renewal amended by No. 35/2011 s. 6(b), repealed by No. 10/2017 s. 6(c).

works includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil and land reclamation and land decontamination.

S. 3A inserted by No. 6/2010 s. 25(5)(Sch. 2 item 12) (as amended by No. 45/2010 s. 6).

Transport Integration Act 2010

3A Transport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

S. 4 (Heading) amended by No. 10/2017 s. 22(2).

S. 4
amended by No. 10/2017 s. 24(1).

Does Development Victoria represent the Crown?

4 Does Development Victoria represent the Crown?

Except as expressly provided—

(a) in section 6 of the Docklands Act 1991; or

(b) in section 36 of this Act—

Development Victoria does not represent the Crown.

Pt 2 (Heading) substituted by No. 10/2017 s. 7.

Part 2—Development Victoria

Division 1—Establishment

5 Establishment

S. 5(1) amended by Nos 35/2011 s. 7, 10/2017 s. 8.

(1) There is established an authority by the name of "Development Victoria".

S. 5(2) amended by No. 10/2017 s. 23(1).

(2) Development Victoria—

(a) is a body corporate with perpetual succession;

(b) has an official seal;

(d) may acquire, hold and dispose of real and personal property;

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

S. 5(3) amended by No. 10/2017 s. 24(1).

(3) All courts must take judicial notice of the seal of Development Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

S. 5(4) amended by No. 10/2017 s. 24(1).

(4) The official seal of Development Victoria must be kept in such custody as Development Victoria directs and must not be used except as authorised by Development Victoria.

S. 6 repealed by No. 35/2011 s. 8.[1]

Div 2

Functions and powers

Division 2—Functions and powers

Functions

7 Functions

S. 7(1) amended by No. 35/2011 s. 9, substituted by No. 10/2017 s. 9(1).

(1) The functions of Development Victoria are the following—

(a) if requested to do so by the Minister, to carry out or manage or co-ordinate the carrying out of property development and social and economic capital works projects;

(b) if requested to do so by the Minister, to purchase, consolidate, take on, transfer or otherwise acquire or dispose of land or interests in land for the purpose of carrying out, or managing or co-ordinating the carrying out of property development and social and economic capital works projects;

(c) if requested to do so by the Minister, to carry out property development and social and economic capital works projects in partnership or to enter into arrangements or agreements for the delivery of property development and social and economic capital works projects;

(d) if requested to do so by the Minister, to provide advisory services in relation to property development and social and economic capital works projects and activities to government agencies;

(e) to develop or manage the development of declared projects;

(f) any other functions conferred on Development Victoria by this Act;

(g) the functions conferred on Development Victoria by the Docklands Act 1991;

(h) any functions conferred on Development Victoria by any other Act.

S. 7(1A) inserted by No. 10/2017 s. 9(1).

(1A) In carrying out, or managing the carrying out of, property development or social and economic capital works projects, Development Victoria must—

(a) ensure property development and social and economic capital works projects and activities are carried out in accordance with government policies and strategies, including—

(i) urban development policies and strategies; and

(ii) policies and strategies relating to housing affordability and housing diversity; and

(b) promote best practice in property development and social and economic capital works projects and activities.

S. 7(2) amended by No. 10/2017 ss 9(2), 24(1).

(2) The functions of Development Victoria under this Act are to be carried out using commercial disciplines.

S. 8 (Heading) amended by No. 10/2017 s. 22(2).

Powers of Development Victoria

8 Powers of Development Victoria

S. 8(1) amended by No. 10/2017 s. 23(1).

(1) Development Victoria may—

(a) purchase, take on transfer or otherwise acquire or dispose of real or personal property, and may dispose of any such property acquired by it;

(b) enter into contracts, agreements, leases and licences for the carrying out of its functions;

S. 8(2) amended by No. 10/2017 s. 24(1).

(2) In addition to the powers in subsection (1), Development Victoria has—

S. 8(2)(a) amended by No. 10/2017 s. 24(1).

(a) the powers conferred on Development Victoria by the Docklands Act 1991;

(b) the power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions.

S. 9 (Heading) amended by No. 10/2017 s. 22(3).

Development Victoria subject to the direction and control of the Minister

9 Development Victoria subject to the direction and control of the Minister

S. 9(1) amended by No. 10/2017 s. 23(1).

(1) Development Victoria is subject to the general direction and control of the Minister.

S. 9(2) amended by No. 10/2017 s. 23(1).

(2) Development Victoria is subject to any specific direction given to it by the Minister with the approval of the Treasurer.

S. 9(3) inserted by No. 35/2006 s. 3.

(3) An agreement or arrangement or contract entered into under this Act in contravention of subsection (2) is not void only because of that contravention.

S. 9(4) inserted by No. 35/2011 s. 10, amended by No. 10/2017 s. 10.

(4) Without limiting subsection (1) or (2), a direction under subsection (1) or (2) may relate to a specific property development or social and economic capital works project.

Non-commercial functions

10 Non-commercial functions

(1) Despite section 7(2), the Minister, with the approval of the Treasurer, may direct the board—

S. 10(1)(a) amended by No. 10/2017 s. 24(1).

(a) to perform certain functions that the Minister considers to be in the public interest but may cause Development Victoria to suffer financial detriment; or

(b) to cease to perform functions of a kind referred to in paragraph (a); or

(2) The board must comply with a direction given under subsection (1).

(3) The reference in this section to suffering financial detriment includes a reference to incurring net costs that are greater than would have been incurred if the direction were not complied with.

Delegation

11 Delegation

S. 11(1) amended by No. 10/2017 s. 24(1).

(1) Subject to subsection (2), Development Victoria may by instrument delegate all or any of its functions, powers or duties under this Act or the Docklands Act 1991 or any other Act or under an agreement made under this Act or the Docklands Act 1991 to—

S. 11(1)(a) amended by No. 10/2017 s. 24(1).

(a) the chairperson of Development Victoria; or

S. 11(1)(b) amended by No. 10/2017 s. 24(1).

(b) a director or group of directors of Development Victoria; or

S. 11(1)(c) amended by No. 10/2017 s. 24(1).

(d) with the Minister's consent, any other person, by name or as the holder of a named position.

(2) Subsection (1) does not apply to—

S. 11(2)(a) amended by No. 10/2017 s. 24(1).

(a) the power of delegation conferred on Development Victoria by this section;

S. 11(2)(b) amended by No. 10/2017 ss 11(1), 24(1).

(b) the power conferred on Development Victoria under section 51F of this Act;

S. 11(2)(c) amended by No. 10/2017 ss 11(2), 24(1).

S. 12 (Heading) amended by No. 10/2017 s. 22(3).

Development Victoria may enter into joint ventures etc.

12 Development Victoria may enter into joint ventures etc.

S. 12(1) amended by No. 10/2017 s. 24(1).

(1) Without limiting the generality of the powers referred to in section 8, Development Victoria may do all or any of the following—

(a) form, or participate in the formation of, a corporation, trust, partnership or other body;

(b) subscribe for, or otherwise acquire, and hold and dispose of shares in, or debentures or other securities of, a corporation;

(d) act as a trustee;

(e) acquire and hold and dispose of an interest in a partnership or other body;

(f) enter into any contract or arrangement with a person for the sharing of profits, union of interest, co-operation, joint venture, reciprocal concessions or otherwise.

S. 12(2) amended by No. 10/2017 s. 24(1).

(2) If the total investment involved in an activity authorised under subsection (1) exceeds $5 000 000 Development Victoria must obtain the approval of the Minister and the Treasurer.

Reciprocal arrangements with public sector agencies

13 Reciprocal arrangements with public sector agencies

S. 13(1) amended by No. 10/2017 ss 12, 24(1).

(1) With the consent of the Minister, Development Victoria may enter into an agreement or arrangement with a Minister, government department or public statutory body ("Public Sector Agency") concerning—

S. 13(1)(a) amended by No. 10/2017 s. 24(1).

(a) the carrying out by Development Victoria and the Public Sector Agency of any of their respective functions or powers; or

S. 13(1)(b) amended by No. 10/2017 s. 24(1).

(b) the carrying out or providing by Development Victoria for the Public Sector Agency, or by the Public Sector Agency for Development Victoria of any works or services; or

S. 13(1)(c) amended by No. 10/2017 s. 24(1).

(c) the use or joint use by Development Victoria and the Public Sector Agency of their respective facilities or the services of their respective staff; or

(d) the allocating of funds collected under the agreement or arrangement.

S. 13(2) amended by No. 10/2017 s. 24(1).

(2) If Development Victoria proposes to enter into an agreement or arrangement providing for the allocation of funds to be collected under the agreement or arrangement, the Minister must consult the Treasurer about the proposal before making any recommendation under subsection (1).

S. 14 (Heading) amended by No. 10/2017 s. 22(3).

Grant of land to Development Victoria

14 Grant of land to Development Victoria

S. 14(1) amended by No. 10/2017 s. 24(1).

(1) The Governor in Council, on the recommendation of the Minister, the Treasurer and the Minister for the time being administering section 12 of the Land Act 1958, may grant any unalienated land of the Crown to Development Victoria subject to any conditions, reservations and exceptions that the Governor in Council thinks fit.

S. 14(2) amended by No. 10/2017 ss 13(1), 24(1).

(2) If Development Victoria sells any land granted to it under subsection (1), the net proceeds of the sale of the land less any administrative costs, interest and other amounts expended by Development Victoria for or in relation to the development and sale of the land must be paid to the Consolidated Fund.

S. 14(3) inserted by No. 10/2017 s. 13(2).

(3) Despite subsection (2), the Governor in Council, on the recommendation of the Minister and the Treasurer, may authorise Development Victoria to pay into the General Fund an amount determined by the Governor in Council, being a portion of the net proceeds of the sale of any land granted to Development Victoria under subsection (1).

Approval required for acquisition of private land

15 Approval required for acquisition of private land

S. 15(1) amended by No. 10/2017 s. 24(2).

(1) Despite section 8, Development Victoria must obtain the approval of the Minister and the Treasurer before purchasing, taking on transfer or otherwise acquiring land if the value of the land exceeds $5 000 000.

(2) This section does not apply to land—

(a) acquired under the Docklands Act 1991; or

(b) acquired under Part 3 of this Act; or

S. 15(2)(c) amended by No. 10/2017 s. 14.

Staff

16 Staff

S. 16(1) amended by No. 10/2017 ss 23(1), 24(2).

(1) Development Victoria may—

(a) employ people; or

S. 16(1)(b) amended by No. 10/2017 s. 24(2).

(b) enter into agreements or arrangements for Development Victoria to make use of the services of people—

on terms and conditions (including payment for services) determined by Development Victoria.

S. 16(2) amended by No. 10/2017 s. 23(1).

(2) Development Victoria may, in accordance with those terms and conditions, terminate any employment, engagement, agreement or arrangement under subsection (1).

S. 16(3) amended by Nos 108/2004 s. 117(1) (Sch. 3 item 230.1), 10/2017 s. 24(2).

(3) A person is not subject to the Public Administration Act 2004 in respect of the person's employment or engagement by Development Victoria under subsection (1).

S. 16(4) amended by No. 108/2004 s. 117(1) (Sch. 3 item 230.1).

(4) Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.

S. 16(5) amended by No. 10/2017 s. 24(2).

(5) A person who at the time of appointment as a director of Development Victoria or a member of its staff was an officer within the meaning of the State Superannuation Act 1988 continues, subject to that Act, to be an officer within the meaning of that Act.

Div 3

The board

Division 3—The board

The board

17 The board

S. 17(1) amended by No. 10/2017 s. 24(2).

(1) There shall be a board of directors of Development Victoria.

(2) The board—

S. 17(2)(a) amended by No. 10/2017 s. 24(2).

(a) is responsible for the management of the affairs of Development Victoria; and

S. 17(2)(b) amended by No. 10/2017 s. 24(2).

(b) may exercise the powers of Development Victoria.

Constitution of the board

18 Constitution of the board

The board shall consist of—

(a) a chairperson;

(b) a deputy chairperson;

Appointment of directors

19 Appointment of directors

S. 19(1) amended by Nos 35/2011 s. 11, 10/2017 s. 24(2).

(1) The chairperson, deputy chairperson and other directors of Development Victoria shall be appointed by the Governor in Council on the recommendation of the Minister.

S. 19(2) substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 230.2), 80/2006 s. 26(Sch. item 114), amended by No. 10/2017 s. 24(2).

(2) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a director of Development Victoria in respect of the office of director.

S. 19A inserted by No. 35/2011 s. 12, amended by No. 10/2017 s. 24(2).

19A

Eligibility criteria for appointment of directors

19A Eligibility criteria for appointment of directors

When recommending persons to be directors of Development Victoria, the Minister must ensure as far as is practicable that collectively the directors have skills, experience or knowledge relating to—

(a) the funding and delivery of infrastructure; and

(b) property and land development; and

(d) economics and financial management; and

(e) public administration; and

(f) corporate governance; and

(g) housing delivery, supply and affordability; and

S. 19A(h) amended by No. 10/2017 s. 15(a).

(h) law, particularly commercial law; and

S. 19A(i) inserted by No. 10/2017 s. 15(b).

(i) public policy.

Terms and conditions of appointment

20 Terms and conditions of appointment

S. 20(1) amended by No. 10/2017 s. 24(2).

(1) A director of Development Victoria shall be appointed for such term, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment.

S. 20(2) amended by No. 10/2017 s. 24(2).

(2) A director of Development Victoria holds office, subject to this Act, on such terms and conditions as are determined by the Minister.

(3) The Governor in Council may at any time remove a director from office.

Acting appointments

21 Acting appointments

(1) When—

(a) the office of chairperson of the board is vacant; or

(b) the chairperson of the board is absent from Victoria or is, for any reason, unable to attend meetings of the board or otherwise unable to perform the duties of the office—

the deputy chairperson of the board must act as chairperson.

(2) While the deputy chairperson of the board is acting as chairperson, the deputy chairperson has and may exercise all the powers and must perform all the duties of the chairperson.

S. 21(3) amended by No. 10/2017 s. 24(2).

(3) The Minister may appoint a director of Development Victoria to act as deputy chairperson of the board—

(a) during a vacancy in the office of deputy chairperson; or

(b) during any period, or during all periods, when the deputy chairperson is acting as chairperson or is unable, for any reason, to attend meetings of the board.

S. 21(4) amended by No. 10/2017 s. 24(2).

(4) The Minister may appoint a person to act as a director (other than the chairperson or deputy chairperson) of Development Victoria—

(a) during a vacancy in the office of such a director; or

(b) during any period, or during all periods, when such a director is acting as deputy chairperson or is unable, for any reason, to attend meetings of the board.

Chief executive

22 Chief executive

S. 22(1) amended by No. 10/2017 s. 24(2).

(1) The board, with the approval of the Minister, may appoint a person as the chief executive of Development Victoria.

S. 22(2) substituted by No. 35/2011 s. 13, amended by No. 10/2017 s. 24(2).

(2) The chief executive of Development Victoria must not be a director of Development Victoria.

S. 22(3) amended by No. 10/2017 s. 24(2).

(3) The chief executive of Development Victoria holds office on such terms and conditions as are determined by the board with the approval of the Minister.

S. 22(4) amended by No. 10/2017 s. 24(2).

(4) The board, with the consent of the Minister, may remove the chief executive of Development Victoria from office.

Vacancies, resignations, removal from office

23 Vacancies, resignations, removal from office

S. 23(1) amended by No. 10/2017 s. 24(2).

(1) The office of a director of Development Victoria becomes vacant if the director—

(a) without the board's approval, fails to attend 3 consecutive meetings of the board; or

S. 23(1)(b) amended by No. 4/2008 s. 32(Sch. item 36).

(b) becomes an insolvent under administration; or

S. 23(2) amended by No. 10/2017 s. 24(2).

(2) A director of Development Victoria may resign by writing delivered to the Minister.

S. 23(3) amended by No. 10/2017 s. 24(2).

(3) If a director of Development Victoria—

(a) is convicted of an offence relating to his or her duties as a director; or

(b) fails, without reasonable excuse, to comply with section 29—

the director must be removed from office by the Governor in Council.

Validity of decisions

24 Validity of decisions

(1) An act or decision of the board is not invalid merely because of—

S. 24(1)(a) amended by No. 10/2017 s. 24(2).

(a) a defect or irregularity in, or in connection with, the appointment of a director of Development Victoria; or

(b) a vacancy in the membership of the board, including a vacancy arising from the failure to appoint an original director.

(2) Anything done by or in relation to a person purporting to act as chairperson, deputy chairperson or as a director is not invalid merely because—

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in relation to the appointment; or

(d) the occasion for the person to act had not arisen or had ceased.

Proceedings of the board

25 Proceedings of the board

(1) Subject to subsection (2), meetings of the board shall be held at such times and places as the board determines.

S. 25(2) amended by No. 10/2017 s. 24(2).

(2) The chairperson of Development Victoria may at any time convene a meeting but must do so when requested by a director of Development Victoria.

S. 25(3) amended by No. 10/2017 s. 24(2).

(3) A majority of the directors for the time being of Development Victoria constitute a quorum of the board.

S. 25(4) amended by No. 10/2017 s. 24(2).

(4) A question arising at a meeting of the board shall be determined by a majority of votes of directors of Development Victoria present and voting on that question and, if voting is equal, the person presiding has a casting, as well as a deliberative, vote.

(5) The board must ensure that minutes are kept of each of its meetings.

(6) Subject to this Act, the board may regulate its own proceedings.

Sub-committees

26 Sub-committees

(1) The board may establish sub-committees, whether of its directors or not.

(2) The board may determine the functions, membership and procedure of a sub-committee, determine the terms of appointment of its members and dissolve a sub-committee.

Participation in meetings by telephone etc.

27 Participation in meetings by telephone etc.

S. 27(1) amended by No. 10/2017 s. 23(1).

(1) Development Victoria may permit its directors to participate in a particular meeting, or all meetings by—

(a) telephone; or

(b) closed-circuit television; or

(2) A director who participates in a meeting under a permission under subsection (1) is deemed to be present at the meeting.

Resolutions without meetings

28 Resolutions without meetings

(1) If—

S. 28(1)(a) amended by No. 10/2017 s. 24(3).

(a) Development Victoria has taken reasonable steps to give notice to each director setting out the terms of a proposed resolution; and

(b) a majority of directors for the time being of the board sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—

a resolution in those terms is deemed to have been passed at a meeting of the board held on the day on which the document is signed or, if the directors referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those directors signs the document.

(2) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more directors, are deemed to constitute one document.

(3) If a resolution is deemed by this section to have been passed at a meeting of the board, each director must as soon as practicable be advised of the matter and given a copy of the resolution.

(4) The majority of directors referred to in subsection (1)(b) must not include a director who, because of section 29, is not entitled to vote on the resolution.

Disclosure of interests

29 Disclosure of interests

(1) If—

S. 29(1)(a) amended by No. 10/2017 s. 24(3).

(a) a director of Development Victoria has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and

(b) the interest could conflict with the proper performance of the director's duties in relation to the consideration of the matter—

the director, as soon as practicable after the relevant facts come to the director's knowledge, must disclose the nature of the interest at a meeting of the board.

(2) A disclosure under subsection (1) must be recorded in the minutes of the meeting and, unless the Minister or the board otherwise determines, the director—

(a) must not be present during any deliberation of the board in relation to the matter; and

(b) must not take part in any decision of the board in relation to the matter.

(3) For the purpose of the making of a determination by the board under subsection (2) in relation to a director who has made a disclosure under subsection (1), a director who has a direct or indirect pecuniary interest in the matter to which the disclosure relates—

(a) must not be present during any deliberation of the board for the purpose of making the determination; and

(b) must not take part in the making by the board of the determination.

(4) Subsections (1) and (2) do not apply in relation to a matter relating to the supply of goods and services to the director if the goods or services are, or are to be, available to members of the public on the same terms and conditions.

Duties of directors

30 Duties of directors

S. 30(1) amended by No. 10/2017 s. 24(3).

(1) A director of Development Victoria must at all times act honestly in the performance of the functions of his or her office.

S. 30(2) amended by No. 10/2017 s. 24(3).

(2) A director of Development Victoria must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions.

S. 30(3) amended by No. 10/2017 s. 24(3).

(3) A director, or former director, of Development Victoria must not make improper use of information acquired by virtue of his or her position as a director to gain, directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to Development Victoria.

S. 30(4) amended by No. 10/2017 s. 24(3).

(4) A director of Development Victoria must not make improper use of his or her position as a director to gain, directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to Development Victoria.

(5) This section has effect in addition to, and not in derogation of, this Act or any other Act or law relating to the criminal or civil liability of a member of the governing body of a corporation and does not prevent the institution of any criminal or civil proceedings in respect of such a liability.

S. 31 (Heading) amended by No. 10/2017 s. 22(3).

S. 31 amended by No. 10/2017 s. 24(3).

Development Victoria or Minister may bring proceedings

31 Development Victoria or Minister may bring proceedings

If a person contravenes section 30 in relation to Development Victoria, Development Victoria or the Minister, in the name of Development Victoria, may recover from the person as a debt due to Development Victoria by action in a court of competent jurisdiction either or both of the following—

(a) if that person, or any other person, made a profit as a result of the contravention, an amount equal to that profit;

S. 31(b) amended by No. 10/2017 s. 24(3).

(b) if Development Victoria has suffered loss or damage as a result of the contravention, an amount equal to that loss or damage.

S. 32 (Heading) amended by No. 10/2017 s. 22(3).

Development Victoria not to make loans to directors

32 Development Victoria not to make loans to directors

S. 32(1) amended by No. 10/2017 s. 24(3).

(1) The powers of Development Victoria do not include a power, whether directly or indirectly—

S. 32(1)(a) amended by No. 10/2017 s. 24(3).

(a) to make a loan to a director of Development Victoria, a spouse of such a director, or a relative (as defined in the Corporations Act) of such a director or spouse; or

(b) to give a guarantee or provide security in connection with a loan made or to be made by another person to a director, spouse or relative referred to in paragraph (a).

S. 32(2) amended by No. 10/2017 s. 24(3).

(2) Nothing in subsection (1) prohibits Development Victoria entering into an agreement or arrangement with a person referred to in subsection (1) if similar agreements or arrangements are entered into by Development Victoria with members of the public on the same terms and conditions.

Limitations on indemnity

33 Limitations on indemnity

S. 33(1) amended by No. 10/2017 s. 24(3).

(1) The powers of Development Victoria do not include a power to exempt, whether directly or indirectly, a director of Development Victoria from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director of Development Victoria against, any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or breach of trust of which the director may be guilty in relation to Development Victoria.

S. 33(2) repealed by No. 10/2017 s. 16.

Part 3—Powers relating to declared projects

Division 1—Declared projects

34 Project order

(1) The Governor in Council, on the recommendation of the Minister, may, by order published in the Government Gazette, declare a development or proposed development to be a project to which this Act applies.

(2) A project order must specify—

S. 34(2)(a) amended by No. 35/2006 s. 4.

(a) the provisions of Divisions 2, 3, 4, 5, 5A and 6 which are to apply in relation to a declared project; and

(b) the area of land (whether by reference to a map or otherwise) which is to be the project area for the purposes of the declared project.

(3) The Minister must obtain the approval of the Treasurer before making a recommendation under this section.

(4) In determining whether to make a recommendation under this section, the Minister must have regard to—

S. 34(4)(a) amended by No. 10/2017 s. 24(3).

(a) the functions and powers of Development Victoria; and

S. 34(4)(b) amended by No. 10/2017 s. 24(3).

(b) the current corporate plan of Development Victoria.

(5) This Part does not apply to the docklands area.

Application of Act

35 Application of Act

S. 35(1) amended by No. 35/2006 s. 4.

(1) A provision of Division 2, 3, 4, 5, 5A or 6 does not apply to a declared project unless that provision is specified in the project order relating to the project.

S. 35(2) amended by No. 10/2017 s. 24(3).

(2) A function or power conferred on a Minister or Development Victoria by a project order is additional to and does not derogate from any other function or power of the Minister or Development Victoria under this Act or the Docklands Act 1991 or any other Act or law.

S. 36 (Heading) amended by No. 10/2017 s. 22(3).

S. 36 amended by No. 10/2017 s. 24(3).

Development Victoria represents the Crown in relation to project

36 Development Victoria represents the Crown in relation to project

In undertaking and managing a declared project under this Part, Development Victoria represents the Crown.

S. 37 (Heading) amended by No. 10/2017 s. 22(3).

S. 37 amended by No. 10/2017 s. 24(3).

Development Victoria to surrender land

37 Development Victoria to surrender land

If land in a project area is vested in Development Victoria immediately before the project order is made, Development Victoria must, without delay, surrender the land to the Crown.

This Part binds the Crown

38 This Part binds the Crown

This Part binds the Crown.

Division 2—Obtaining land

Surrender or divesting of land of other bodies

39 Surrender or divesting of land of other bodies

(1) The Governor in Council, by Order published in the Government Gazette, may—

(a) require a public statutory body in which land in the project area is vested to surrender part or all of the land to the Crown; or

(b) divest land in the project area from a public statutory body—

for the purposes of a declared project.

(2) A public statutory body must comply with a requirement under subsection (1)(a).

(3) On—

(a) the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of land that a public statutory body is required to surrender under subsection (1)(a); or

(b) the publication in the Government Gazette of an Order under subsection (1)(b)—

the land concerned is deemed to be unalienated land of the Crown and, subject to subsection (4), is freed and discharged from all limitations.

(4) The divesting or surrender of land under this section does not affect any reservation of the land under the Crown Land (Reserves) Act 1978.

(5) A power may only be exercised under subsection (1) on the joint recommendation of the Minister and the Minister administering the Act under which the public statutory body is created.

S. 40 (Heading) amended by No. 10/2017 s. 22(2).

Grant of land to Development Victoria

40 Grant of land to Development Victoria

S. 40(1) amended by No. 10/2017 s. 24(4).

(1) The Governor in Council, on behalf of the Crown, may grant to Development Victoria for an estate in fee simple—

(a) land divested or surrendered under this Part; or

(b) any other land in the project area that is or is deemed to be unalienated land of the Crown and is not reserved under the Crown Land (Reserves) Act 1978.

S. 40(2) amended by No. 10/2017 s. 24(4).

(2) As a condition of granting land to Development Victoria, the Minister may require it to agree to pay into the Consolidated Fund or, if the land was surrendered by or divested from a public statutory body, to that body, the net proceeds of any sale of that land by Development Victoria, less any holding and selling costs.

(3) The payment referred to in subsection (2) must be made at the times or over the period determined by the Minister.

(4) The grant—

(a) if it is of land covered with waters of the sea, must be limited to a depth of 60 metres below high water mark; and

(b) if it is for other land, must be limited to a depth of 60 metres below the surface of the land; and

S. 40(5) amended by No. 10/2017 s. 24(4).

(5) Land may be granted to Development Victoria with or without consideration being given by Development Victoria.

(6) Sections 339A and 339B of the Land Act 1958 apply to a grant of land under this section as if it were a grant of land in fee simple under that Act.

S. 40A inserted by No. 10/2017 s. 17.

40A

Portion of net proceeds of sale of granted land payable into General Fund

40A Portion of net proceeds of sale of granted land payable into General Fund

Despite section 40(2) and (3), the Governor in Council, on the recommendation of the Minster, the Treasurer and the Minister administering section 12 of the Land Act 1958, may authorise Development Victoria to pay into the Project Fund an amount determined by the Governor in Council, being a portion of the net proceeds of the sale of any land granted to Development Victoria under section 40(1).

Acquisition by agreement

41 Acquisition by agreement

S. 41(1) amended by No. 10/2017 s. 24(4).

(1) For the purposes of a declared project, Development Victoria may acquire by agreement an interest in land on any terms (including consideration) that Development Victoria considers appropriate.

S. 41(2) amended by No. 10/2017 s. 24(4).

(2) Any interest in land acquired by Development Victoria under this section vests in the Crown and is deemed to be unalienated land of the Crown.

S. 41(3) amended by No. 10/2017 s. 23(1).

(3) Development Victoria must obtain the approval of the Minister and the Treasurer to an acquisition under this section if the value of the interest to be acquired exceeds $5 000 000.

Compulsory acquisition of land

42 Compulsory acquisition of land

S. 42(1) amended by No. 10/2017 s. 24(4).

(1) For the purposes of a declared project, Development Victoria, with the approval of the Minister administering the Planning and Environment Act 1987, may acquire an interest in land by compulsory process.

(2) The Land Acquisition and Compensation Act 1986 applies to subsection (1) and for that purpose—

(a) subsection (1) is the special Act; and

S. 42(2)(b) amended by No. 10/2017 s. 28.

(b) Development Victoria is the Authority.

S. 42(3) substituted by No. 35/2006 s. 5,
amended by No. 10/2017 s. 24(4).

(3) In determining the amount of compensation to be paid for the compulsory acquisition of land by Development Victoria, no allowance is to be made for any decrease or increase in the value of the land attributable to the declared project.

S. 42(4) amended by No. 10/2017 s. 24(4).

(4) Any interest in land acquired by Development Victoria under this section—

(a) vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that section; and

(b) is deemed to be unalienated land of the Crown.

S. 42(5) amended by No. 10/2017 s. 23(1).

(5) Development Victoria must obtain the approval of the Minister and the Treasurer to an acquisition under this section if the value of the interest to be acquired exceeds $5 000 000.

Division 3—Compensation for surrendered or divested land

Right to compensation on surrender or divesting

43 Right to compensation on surrender or divesting

(1) Subject to this Act and the Land Acquisition and Compensation Act 1986, every person (other than a public statutory body) who immediately before the publication of an order under section 39 had a legal or equitable estate or interest in land to which the order applies, has a claim for compensation.

(2) The Land Acquisition and Compensation Act 1986 (except sections 31 to 36) applies to the determination of compensation payable under this section as if the publication of the order were a notice of acquisition of that estate or interest or right and the Minister had acquired that estate or interest or right on behalf of the Crown.

S. 43(3) amended by No. 10/2017 s. 24(4).

(3) In determining the amount of compensation to be paid under this section, no allowance is to be made for the enhancement of the value of the land attributable to any action of Development Victoria.

Div 4

Activities on land

Division 4—Activities on land

Land management and use

44 Land management and use

(1) This section applies to land in the project area that is—

(a) Crown land; or

S. 44(1)(b) amended by No. 10/2017 s. 24(4).

(b) land owned by Development Victoria.

S. 44(2) amended by No. 10/2017 s. 23(1).

(2) Development Victoria may—

(a) grant leases or licences over land to which this section applies; or

(b) exercise any of its other functions or powers over land to which this section applies.

S. 44(3) amended by No. 10/2017 s. 24(4).

(3) A lease or licence granted by Development Victoria over Crown land must be consistent with any reservation of the land.

S. 44(4) amended by No. 10/2017 ss 23(1), 24(4).

(4) Development Victoria may grant an easement or privilege over land owned by Development Victoria.

Revocation of permanent and temporary reservations

45 Revocation of permanent and temporary reservations

(1) Subject to subsection (3), the Governor in Council, on the recommendation of the Minister and the Minister administering the Crown Land (Reserves) Act 1978, may by Order published in the Government Gazette declare that the temporary or permanent reservation under that Act of land which is in the project area and which is described in the Order is revoked.

(2) On the publication in the Government Gazette of an Order under subsection (1)—

(a) any Order in Council reserving the land and any appointment of a committee of management for the land are revoked; and

(b) unless the Order otherwise provides, the land is, despite any Act or law to the contrary, deemed to be unalienated land of the Crown, freed and discharged from all limitations; and

(c) if the Order states that this paragraph applies, any Crown grant of that land made before the date of publication of the Order, and any other title document deriving from the grant is, and must be taken always to have been, as valid and effective as if the reservation of that land had been revoked before the grant was made.

(3) This section does not apply to land reserved under paragraph (k), (l), (m), (n), (o), (t), (v), (w), (x), (zb), (zd), (ze) or (zf) of section 4 of the Crown Land (Reserves) Act 1978.

Power to enter land

46 Power to enter land

S. 46(1) amended by No. 10/2017 s. 23(1).

(1) Development Victoria may, by instrument, authorise a person to enter land in the project area for the purposes of this section.

S. 46(2) amended by No. 10/2017 s. 23(1).

(2) Development Victoria must issue an identity card to each person authorised under this section.

(3) An identity card must contain a photograph of the person to whom it is issued.

S. 46(4) amended by No. 10/2017 s. 24(4).

(4) A person authorised by Development Victoria under this section may enter land in the project area for the purpose of—

(a) carrying out surveys or investigations connected with the development of the project area; or

S. 46(4)(b) amended by No. 10/2017 ss 24(4), 27.

(b) doing on Development Victoria's behalf anything Development Victoria is authorised to do on that land in carrying out its functions or powers in relation to the project area.

S. 46(5) amended by No. 10/2017 s. 23(1).

(5) Development Victoria must give 7 days notice in writing to the occupier of the land to be entered before entry occurs.

(6) A notice under subsection (5) must—

(a) contain the reasons for entering the land; and

(b) reproduce this section.

(7) A person may enter land under this section earlier than the expiration of 7 days if the occupier consents to the entry.

S. 46(8) amended by No. 10/2017 s. 23(1).

(8) Development Victoria need not give notice in writing under this section in an emergency.

(9) A person must not under this section enter land used primarily for residential purposes except between 7.30 a.m. and 6.00 p.m. unless the occupier consents to the entry.

(10) In exercising a power under subsection (4), a person must—

(a) identify himself or herself by producing the identity card issued to that person under this section;

(b) cause as little harm and inconvenience as possible;

(d) remove from the land anything brought on to the land by the person in the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there;

(e) leave the land as nearly as possible in the condition in which he or she found it.

Div 5

Disposing of and other dealings with land

Division 5—Disposing of and other dealings with land

S. 47 (Heading) amended by No. 10/2017 s. 22(3).

Development Victoria may surrender land to the Crown

47 Development Victoria may surrender land to the Crown

S. 47(1) amended by No. 10/2017 s. 23(1).

(1) Development Victoria is an authority for the purposes of section 22A of the Land Act 1958 in relation to land in the project area.

S. 47(2) amended by No. 10/2017 ss 24(4), 27.

(2) The powers to surrender land or to agree to the transfer or exchange of land conferred on Development Victoria by section 22A of the Land Act 1958 as applied by this section are in addition to and do not derogate from any of Development Victoria's other functions or powers and any other provisions of this Part.

S. 48 amended by No. 10/2017 s. 23(1).

Disposing of land

48 Disposing of land

Development Victoria may dispose of its interest in fee simple in any land in the project area on any terms (including consideration) that it considers appropriate.

Agreements that run with the land

49 Agreements that run with the land

S. 49(1) amended by No. 10/2017 s. 23(1).

(1) Development Victoria may enter into an agreement with—

(a) an owner of land in the project area; or

(b) any person in anticipation of that person becoming an owner of land in the project area—

concerning the use or development of the land.

(2) Division 2 of Part 9 of the Planning and Environment Act 1987 applies to an agreement under subsection (1) as if—

(a) it were an agreement under that Division;

S. 49(2)(b) amended by No. 10/2017 s. 24(4).

(b) it referred to Development Victoria instead of the responsible authority for the planning scheme;

S. 49(2)(c) amended by No. 10/2017 s. 18(1).

S. 49(2)(d) repealed by No. 10/2017 s. 18(2).

S. 49(3) inserted by No. 10/2017 s. 18(3).

(3) Development Victoria must consult with the municipal district in which the land is located before entering into an agreement under subsection (1) concerning the use or development of that land.

Pt 3 Div. 5A (Headings and ss 50–51ZS) inserted by No. 35/2006 s. 7.

Div 5A

Charges

Division 5A—Charges

Subdiv 1

Introductory

Subdivision 1—Introductory

New s. 50 inserted by No. 35/2006 s. 7.

Definitions

50 Definitions

(1) In this Division—

S. 50(1) def. of Building Commission repealed by No. 34/2013 s. 35(Sch. 2 item 8.1(a)).

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

building work has the same meaning as in the Building Act 1993;

combined development means—

(a) a subdivision of land (other than a subdivision that is exempt development under section 51A); and

(b) building work on that land for which a building permit is required (other than building work that is exempt development under section 51A)—

where the subdivision and the construction of the buildings to which the building work relates are authorised by the same planning permit;

compliance request means a request to a municipal council for the issue of a statement of compliance under section 21 of the Subdivision Act 1988;

construction has the same meaning as in the Building Act 1993;

S. 50(1) def. of cost of building work amended by No. 34/2013 s. 35(Sch. 2 item 8.1(b)), repealed by No. 48/2025 s. 73(1)(b).

date of development means—

(a) in the case of a stand-alone subdivision, the date that the compliance request is made to a municipal council in relation to the plan of subdivision; and

(b) in the case of stand-alone building work, the date of the application for the building permit to carry out the building work; and

(i) the date that the compliance request is made to a municipal council in relation to the plan of subdivision for the development;

(ii) the date of the application for a building permit to carry out the building work for the development;

development has the meaning set out in section 51;

development value has the meaning set out in section 51C;

dwelling has the same meaning as in section 46H of the Planning and Environment Act 1987;

S. 50(1) def. of estimated cost of the building work inserted by No. 48/2025 s. 73(1)(a).

estimated cost of the building work means the amount that is calculated in accordance with section 51D(2);

general charge means a charge levied under section 51F;

general development charge means a general charge that is payable when a property is developed;

infrastructure recovery charge means a charge levied under section 51M;

nominated valuer means a valuer nominated by the valuer-general under section 51E;

planning permit means a permit within the meaning of the Planning and Environment Act 1987;

public investment means investment by—

(a) the State; or

(b) a public statutory body other than a municipal council; or

public land means—

(a) Crown land; or

(b) land owned by or vested in a public statutory body; or

S. 50(1) def. of qualified valuer amended by No. 94/2009 s. 35.

qualified valuer means a person who holds the qualifications or experience specified from time to time under section 13DA(2) of the Valuation of Land Act 1960;

site value has the same meaning as in the Valuation of Land Act 1960;

stand-alone building work means building work for which a building permit is required that—

(a) is not part of a combined development; and

(b) is not exempt development under section 51A;

stand-alone subdivision means a subdivision of land that—

(a) is not part of a combined development; and

(b) is not exempt development under section 51A;

S. 50(1) def. of valuer-general amended by No. 34/2013 s. 35(Sch. 2 item 8.1(c)).

valuer-general has the same meaning as in the Valuation of Land Act 1960;

S. 50(1) def. of Victorian Building Authority inserted by No. 34/2013 s. 35(Sch. 2 item 8.1(d)), amended by No. 21/2015 s. 3(Sch. 1 item 58).

Victorian Building Authority means the Victorian Building Authority established under Part 12 of the Building Act 1993.

(2) In this Division a reference to a subdivision of land is, in the case of a staged subdivision (within the meaning of the Subdivision Act 1988), to be read as a reference to a stage of the subdivision.

New s. 51 inserted by No. 35/2006 s. 7.

What is development?

51 What is *development*?

For the purposes of this Division development means—

(a) a stand-alone subdivision; or

(b) stand-alone building work; or

S. 51A inserted by No. 35/2006 s. 7.

51A

Which subdivisions and building work are exempt development?

51A Which subdivisions and building work are exempt development?

(1) The following classes of subdivision of land are exempt development under this Division—

(a) except as provided in subsection (3), a subdivision of land into not more than 2 lots; or

(b) a subdivision of land that involves an alteration to the boundaries of the lots on an existing plan of subdivision but does not increase the number of lots above the number of lots on that existing plan of subdivision; or

(d) a subdivision of land where an existing building is situated on each lot to be created by the subdivision.

(2) The following classes of building work are exempt development under this Division—

(a) the construction of up to 2 dwellings on a lot;

(b) the construction of the following buildings when they are ancillary to a dwelling—

(i) a garage, carport or shed or similar non‑habitable building;

(ii) a fence, mast, antenna, retaining or free-standing wall, swimming pool, spa or similar structure;

S. 51A(2)(d) amended by No. 48/2025 s. 73(2).

(d) except as provided in subsection (4), any other building work if the cost of the building work (calculated in accordance with section 3A of the Building Act 1993) does not exceed the threshold amount.

(3) A subdivision of land is not exempted under subsection (1)(a) if the land or any part of the land was the subject of a subdivision in the period of 3 years immediately preceding the date of development for the subdivision.

S. 51A(4) substituted by No. 48/2025 s. 73(3).

(4) Building work is not exempted under subsection (2)(d) if the sum of the following exceeds the threshold amount—

(a) the cost of the building work referred to in subsection (2)(d) (calculated in accordance with section 3A of the Building Act 1993);

(b) the cost of all the other building work (calculated in accordance with section 3A of the Building Act 1993) carried out on the same land in the period of 3 years immediately preceding the date of development for the building work.

(5) A period of 3 years referred to in subsection (3) or (4) does not include any period preceding the coming into effect of a resolution under Subdivision 2 or 3 in respect of the project area in which the land referred to in that subsection is situated.

(6) In this section—

existing building means a building where the date of practical completion of the building occurred before the coming into effect of a resolution under Subdivision 2 or 3 in respect of the project area in which the land on which the building is constructed is situated but does not include—

(a) a garage, carport or shed or a similar building; or

(b) a fence, mast, antenna, retaining or free-standing wall, swimming pool, spa or similar structure;

threshold amount means the amount of $250 000 as varied under section 51B.

S. 51B inserted by No. 35/2006 s. 7.

51B

Indexation of threshold amount

51B Indexation of threshold amount

S. 51B(1) amended by No. 44/2014 s. 33(Sch. item 31).

(1) The amount that is to apply for the purposes of section 51A is to be varied, in respect of the financial year beginning on 1 July 2007 and each subsequent financial year, in accordance with the formula—

View image in the official source

where—

"A" is the amount referred to in the definition of threshold amount in section 51A(6).

"B" is the all groups consumer price index for Melbourne in original terms for the most recent reference period in the preceding calendar year last published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made.

"C" is the all groups consumer price index for Melbourne in original terms for the corresponding reference period one year earlier than the reference period referred to in B last published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made."

(2) If it is necessary for the purposes of this section to calculate an amount that consists of or includes a fraction of a whole number, the amount is deemed to have been calculated in accordance with this section if the calculation is made—

(a) if the amount is less than $1000, to the nearest whole $1; or

(b) if the amount is $1000 or more, to the nearest whole $10.

(3) If an amount is varied in accordance with this section, section 51A and this section have effect as if a reference to the amount were a reference to the amount as so varied.

(4) If the variation of an amount to which this section applies by operation of this section has the effect of reducing the amount—

(a) the variation is deemed not to have taken effect, except for the purposes of the application of this subsection; and

(b) when the amount is varied and increased by operation of this section in respect of the next or a subsequent financial year that variation has effect as an increase only to the extent (if any) to which the amount of the increase exceeds the amount of the reduction in respect of a preceding financial year, or that part of such a reduction that has not been set off against a previous increase.

(5) The Minister must cause a notice to be published in the Government Gazette specifying the amount as varied for the purposes of section 51A in respect of the relevant financial year.

S. 51C inserted by No. 35/2006 s. 7.

51C

What is development value?

51C What is *development value*?

(1) In this Division development value, in respect of a development that is a stand-alone subdivision or a combined development, means the amount that is the sum of the following amounts—

(a) the amount that is the estimated site value of the land that is to be subdivided; and

S. 51C(1)(b) amended by No. 48/2025 s. 73(4).

(b) subject to section 51D(3), the estimated cost of the building work.

(2) In this Division development value in respect of a development that is stand-alone building work means the total of the following amounts—

(a) the site value of the land to be used for the development; and

S. 51C(2)(b) amended by No. 48/2025 s. 73(5).

(b) the amount that is the cost of the building work (calculated in accordance with section 3A of the Building Act 1993) for the development.

(3) Despite subsection (1), if an infrastructure recovery charge has previously been paid under this Division in respect of stand-alone building work on land, development value for the purposes of this Division for a subsequent development of that land that is a stand-alone subdivision is to be the amount that is the difference between the following amounts—

(a) the site value of the land that is to be subdivided; and

(b) the amount that is the estimated site value of the land that is to be subdivided.

S. 51C(4) amended by No. 48/2025 s. 73(6).

(4) Despite subsection (2), if a general development charge or an infrastructure recovery charge has previously been paid under this Division in respect of land, development value for the purposes of this Division for a subsequent development of that land that is stand-alone building work is to be the amount that is the cost of the building work (calculated in accordance with section 3A of the Building Act 1993) for the development.

S. 51D inserted by No. 35/2006 s. 7.

51D

How is development value assessed?

51D How is development value assessed?

(1) For the purposes of section 51C(1)(a) or 51C(3)(b), the estimate of the site value of land to be subdivided is to be based on current market values as at the date of development as if the subdivision of the land had already occurred at that date.

S. 51D(2) amended by No. 48/2025 s. 73(7).

(2) For the purposes of section 51C(1)(b), the estimated cost of the building work on the land is to be based on the estimated cost, as at the date of development, of—

(a) in the case of a stand-alone subdivision, the average buildings that could reasonably be expected to be constructed on that land to give effect to the purpose of the subdivision; and

(b) in the case of a combined development, the construction of the buildings authorised by the planning permit for the development.

S. 51D(3) amended by Nos 10/2017 s. 25(1), 48/2025 s. 73(8).

(3) If, in the case of a combined development, the cost of the building work (calculated in accordance with section 3A of the Building Act 1993) for the development has been notified to Development Victoria under section 18A of the Building Act 1993 before the assessment of development value is made for the purposes of section 51X, development value for the purposes of section 51C(1)(b) is to be based on the cost of the building work (calculated in accordance with section 3A of the Building Act 1993) instead of the estimated cost of the building work.

(4) Subject to subsection (5), the site value of land for the purposes of section 51C(2)(a) or 51C(3)(a) is the most recent site value of the land determined under the Valuation of Land Act 1960 for the purposes of the Local Government Act 1989 as at the date of development.

(5) If land to be used for the development forms part of one or more parcels of land to which section 13DC(6) or 13DC(7) of the Valuation of Land Act 1960 applies and not all the land in those parcels is to be used for the development, then for the purposes of section 51C(2)(a) or 51C(3)(a), the site value of the land to be used for the development is to be the estimated site value of the land as at the date of development, based on the most recent site value of all the land in the parcels determined under the Valuation of Land Act 1960 for the purposes of the Local Government Act 1989.

S. 51E inserted by No. 35/2006 s. 7.

51E

Nominated valuer to make assessments

51E Nominated valuer to make assessments

S. 51E(1) amended by No. 10/2017 s. 23(2).

(1) Development Victoria may ask the valuer-general to nominate a qualified valuer to make an assessment of development value for the purposes of this Division.

(2) The valuer-general must comply with a request under subsection (1).

(3) The valuer-general may determine reasonable fees for the making of an assessment by a nominated valuer under this Division.

S. 51E(4) amended by No. 10/2017 s. 23(2).

(4) Development Victoria must pay the fees for an assessment made by a nominated valuer under this Division.

(5) Section 3A of the Valuation of Land Act 1960 applies to a nominated valuer making an assessment under this Division as if—

(a) the valuer were appointed under that Act; and

(b) the making of an assessment of development value under this Division were the making of a valuation under that Act.

Subdiv 2

General charges

Subdivision 2—General charges

S. 51F inserted by No. 35/2006 s. 7.

51F

General charges

51F General charges

S. 51F(1) amended by No. 10/2017 s. 25(1).

(1) With the prior approval of the Governor in Council, Development Victoria may, by resolution, levy charges on the owners, occupiers or licensees of properties in the project area—

S. 51F(1)(a) amended by No. 10/2017 s. 25(1).

(a) for the supply of telecommunications or other services provided by or by agreement with Development Victoria; or

S. 51F(1)(b) amended by No. 10/2017 s. 25(1).

(b) for the promotion of the project area by Development Victoria; or

S. 51F(1)(c) amended by No. 10/2017 s. 25(1).

(c) for the maintenance or management by or by agreement with Development Victoria of areas or facilities for common use by groups of properties or uses in the project area; or

S. 51F(1)(d) amended by No. 10/2017 s. 25(1).

(d) for the provision by or by agreement with Development Victoria of the infrastructure necessary for development of the project area or any part of it.

(2) An approval under subsection (1) may only be given on the recommendation of the Minister made with the approval of the Treasurer.

S. 51G inserted by No. 35/2006 s. 7.

51G

How is a general charge determined?

51G How is a general charge determined?

(1) General charges—

(a) may be different for different classes of properties;

(b) may vary according to—

(i) the value or size of land;

(ii) the distance of a property from the service or facility or a group of services or facilities;

(iii) the nature or extent of use of the service or facility;

(d) need not relate directly to the cost of services or facilities provided;

(e) may be concessional charges.

(2) A general charge on a property that is levied on the owner of the property may be expressed to apply only when the property is developed.

A general charge that applies only when a property is developed is called a general development charge in this Division.

S. 51H inserted by No. 35/2006 s. 7.

51H

What must a resolution levying a general charge state?

51H What must a resolution levying a general charge state?

(1) A resolution levying a general charge (other than a general development charge) must state the following—

(a) what the charge is for;

(b) how long the charge has effect for;

(d) when the charge is due and payable;

(e) on what properties the charge is levied;

(f) who must pay the charge.

(2) A resolution levying a general development charge must state the following—

(a) what the charge is for;

(b) how long the charge has effect for;

(d) on what properties the charge is levied;

(e) that the charge is due and payable by the owner of a property before a statement of compliance is issued under section 21 of the Subdivision Act 1988 in respect of the development of the property or a building permit is issued in respect of the development of the property (as the case requires).

S. 51I inserted by No. 35/2006 s. 7.

51I

Notice of general charge

51I Notice of general charge

S. 51I(1) amended by No. 10/2017 s. 23(2).

(1) Development Victoria must cause a resolution levying a general charge to be published—

(a) in the Government Gazette; and

(b) in a newspaper circulating generally in the project area subject to the charge; and

(2) A resolution levying a general charge has no effect until it is published in the Government Gazette.

S. 51I(3) amended by No. 10/2017 s. 25(1).

(3) In addition to the notice required under subsection (1), Development Victoria must give notice of a resolution levying a general development charge to—

S. 51I(3)(a) amended by No. 34/2013 s. 35(Sch. 2 item 8.2).

(a) the Victorian Building Authority; and

(b) each municipal council in the municipal district of which the project area is situated.

(4) A notice under subsection (3) must specify—

(a) the project area to which the resolution relates; and

(b) the period during which the resolution will have effect.

S. 51J inserted by No. 35/2006 s. 7.

51J

Variation or revocation of resolution levying general charge

51J Variation or revocation of resolution levying general charge

S. 51J(1) amended by No. 10/2017 s. 23(2).

(1) Development Victoria may by resolution vary or revoke any resolution made under this Subdivision.

(2) The procedure for varying or revoking a resolution under this Subdivision is the same as the procedure for making the resolution.

S. 51K inserted by No. 35/2006 s. 7.

51K

General development charge not to apply to existing development

51K General development charge not to apply to existing development

A general development charge is not payable in respect of a development if a planning permit or building permit was issued for the development before the publication of the resolution levying the charge.

S. 51L inserted by No. 35/2006 s. 7.

51L

General charges on non-rateable land

51L General charges on non-rateable land

For land that is not rateable under section 154 of the Local Government Act 1989 a charge may only be levied under section 51F(1)(a)—

(a) in respect of the use of works or services; and

(b) on the user of those works or services.

Subdiv 3

Infrastructure recovery charges

Subdivision 3—Infrastructure recovery charges

S. 51M inserted by No. 35/2006 s. 7.

51M

Infrastructure recovery charge

51M Infrastructure recovery charge

S. 51M(1) amended by No. 10/2017 s. 25(1).

(1) With the prior approval of the Governor in Council, Development Victoria may, by resolution, levy charges on owners of properties in the project area.

(2) An approval under subsection (1) may only be given on the recommendation of the Minister made with the approval of the Treasurer.

(3) Before making a recommendation under subsection (2), the Minister must be satisfied that the total amount estimated to be received from the charges levied under the resolution on owners of properties in the project area will not exceed the estimated amount (determined by the Minister) of public investment incurred or to be incurred in the project area for the declared project on or after the date of the declaration of the project under section 34.

S. 51N inserted by No. 35/2006 s. 7.

51N

Infrastructure recovery charge to be based on development value

51N Infrastructure recovery charge to be based on development value

(1) An infrastructure recovery charge is to be based on a percentage of the development value of a development of a property.

(2) The resolution levying the charge must fix the percentage of development value to be used to calculate the charge.

(3) The resolution may—

(a) fix different percentages of development value in respect of different classes of development;

(b) vary the percentage of development value according to the distance of a property from a service or facility or a group of services or facilities;

S. 51O inserted by No. 35/2006 s. 7.

51O

Cap on infrastructure recovery charge

51O Cap on infrastructure recovery charge

A percentage of development value specified in a resolution levying an infrastructure recovery charge must not exceed 10%.

S. 51P inserted by No. 35/2006 s. 7.

51P

What must a resolution levying an infrastructure recovery charge state?

51P What must a resolution levying an infrastructure recovery charge state?

(1) A resolution levying an infrastructure recovery charge must state the following—

(a) the period during which the charge will apply in relation to properties in the project area;

(b) the percentage or percentages or scale of percentages of development value to be used to calculate the charge;

(c) the estimated amount of public investment incurred or to be incurred in developing the project area as determined by the Minister under section 51M(3).

(2) The resolution must state that the charge is due and payable before a statement of compliance is issued under section 21 of the Subdivision Act 1988 in respect of the development or a building permit is issued in respect of the development (as the case requires).

S. 51Q inserted by No. 35/2006 s. 7.

51Q

Notice of infrastructure recovery charge

51Q Notice of infrastructure recovery charge

S. 51Q(1) amended by No. 10/2017 s. 23(2).

(1) Development Victoria must cause a resolution levying an infrastructure recovery charge to be published—

(a) in the Government Gazette; and

(b) in a newspaper circulating generally in the project area subject to the charge; and

(2) A resolution levying an infrastructure recovery charge has no effect until it is published in the Government Gazette.

S. 51Q(3) amended by No. 10/2017 s. 23(2).

(3) Development Victoria must give notice of a resolution levying an infrastructure recovery charge to—

S. 51Q(3)(a) amended by No. 34/2013 s. 35(Sch. 2 item 8.3).

(a) the Victorian Building Authority; and

(b) each municipal council in the municipal district of which the project area is situated.

(4) A notice under subsection (3) must specify—

(a) the project area to which the resolution relates; and

(b) the period during which the resolution will have effect.

S. 51R inserted by No. 35/2006 s. 7.

51R

Variation or revocation of resolution levying infrastructure recovery charge

51R Variation or revocation of resolution levying infrastructure recovery charge

S. 51R(1) amended by No. 10/2017 s. 23(2).

(1) Development Victoria may by resolution vary or revoke any resolution made under this Subdivision.

(2) The procedure for varying or revoking a resolution under subsection (1) is the same as the procedure for making the resolution.

(3) The Minister, with the approval of the Treasurer, may, by order published in the Government Gazette, revoke a resolution made under this Subdivision at any time.

(4) Without limiting subsection (3), an order under that subsection may revoke a resolution made under this Subdivision if the Minister is satisfied that the estimated amount (determined by the Minister under section 51M(3)) of public investment incurred or to be incurred in the project area subject to the resolution has been recovered under the resolution.

(5) An order revoking a resolution under subsection (3) comes into effect on the day that it is published in the Government Gazette or any later date specified in the order.

S. 51S inserted by No. 35/2006 s. 7.

51S

Infrastructure recovery charge not to apply to existing development

51S Infrastructure recovery charge not to apply to existing development

An infrastructure recovery charge is not payable in respect of a development if a planning permit or building permit was issued for the development before the publication of the resolution levying the charge.

S. 51T inserted by No. 35/2006 s. 7.

51T

Infrastructure recovery charge not payable if earlier charge paid

51T Infrastructure recovery charge not payable if earlier charge paid

(1) An infrastructure recovery charge is not payable in respect of a development that is stand-alone building work if the development—

(a) is of a lot created by a subdivision of land in respect of which an infrastructure recovery charge has been paid; and

(b) is to give effect to the purpose of the subdivision as set out in the planning permit for the subdivision.

(2) An infrastructure recovery charge is not payable in respect of a development that is a stand-alone subdivision of land if an infrastructure recovery charge has been paid for stand-alone building work on that land more than 5 years before the date of development for the subdivision and no other subdivision of that land has been registered in that period.

S. 51U inserted by No. 35/2006 s. 7.

51U

Infrastructure recovery charge not payable in respect of public land

51U Infrastructure recovery charge not payable in respect of public land

A property is not subject to an infrastructure recovery charge if the property is public land and the development is carried out by or on behalf of the Crown, a public statutory body or the trustees of the trust for the land.

Subdiv 4

Recovery of charges

Subdivision 4—Recovery of charges

S. 51V inserted by No. 35/2006 s. 7.

51V

Statement of general charge (other than general development charge)

51V Statement of general charge (other than general development charge)

S. 51V(1) amended by No. 10/2017 ss 23(2), 25(1).

(1) Development Victoria must send a statement of charge to any person that Development Victoria has determined is liable to pay a general charge (other than a general development charge).

(b) set out the charge that is payable and the method used to calculate that charge; and

S. 51W inserted by No. 35/2006 s. 7.

51W

Statement of general development charge

51W Statement of general development charge

S. 51W(1) amended by No. 10/2017 ss 23(2), 25(1).

(1) Development Victoria must send a statement of charge to any person that Development Victoria has determined is liable to pay a general development charge—

S. 51W(1)(a) amended by No. 10/2017 s. 25(1).

(a) in the case of a stand-alone subdivision, within 28 days after Development Victoria receives the notice under section 21(2A) of the Subdivision Act 1988 of the receipt of the compliance request for the plan of subdivision; and

S. 51W(1)(b) amended by No. 10/2017 s. 25(1).

(b) in the case of stand-alone building work, within 28 days after Development Victoria receives—

(i) the notice under section 18A of the Building Act 1993 of an application for a building permit for the development; or

(ii) the notice under section 32A of the Building Act 1993 of the issue of a building permit for the development—

whichever is the earlier; and

S. 51W(1)(c) amended by No. 10/2017 s. 25(1).

(i) the notice under section 21(2A) of the Subdivision Act 1988 of the receipt of the compliance request for the plan of subdivision; or

(ii) the notice under section 18A of the Building Act 1993 of an application for a building permit for the development; or

(iii) the notice under section 32A of the Building Act 1993 of the issue of a building permit for the development—

whichever is the earliest.

(b) set out the charge that is payable and the method used to calculate that charge; and

S. 51X inserted by No. 35/2006 s. 7.

51X

Statement of infrastructure recovery charge

51X Statement of infrastructure recovery charge

S. 51X(1) amended by No. 10/2017 ss 23(2), 25(1).

(1) Development Victoria must send a statement of charge to any person that Development Victoria has determined is liable to pay an infrastructure recovery charge—

S. 51X(1)(a) amended by No. 10/2017 s. 25(1).

S. 51X(1)(b) amended by No. 10/2017 s. 25(1).

(b) in the case of stand-alone building work, within 28 days after Development Victoria receives—

(i) the notice under section 18A of the Building Act 1993 of an application for a building permit for the development; or

(ii) the notice under section 32A of the Building Act 1993 of the issue of a building permit for the development—

whichever is the earlier; and

S. 51X(1)(c) amended by No. 10/2017 s. 25(1).

(i) the notice under section 21(2A) of the Subdivision Act 1988 of the receipt of the compliance request for the plan of subdivision; or

(ii) the notice under section 18A of the Building Act 1993 of an application for a building permit for the development; or

(iii) the notice under section 32A of the Building Act 1993 of the issue of a building permit for the development—

whichever is the earliest.

(b) set out the charge that is payable; and

(3) A statement of charge under this section relating to a stand-alone subdivision or a combined development must be accompanied by—

(a) a copy of the assessment of development value made by the nominated valuer for the purpose of calculating the charge; and

(b) a copy of any other document or information used in calculating the charge.

S. 51Y (Heading) amended by No. 10/2017 s. 22(3).

S. 51Y inserted by No. 35/2006 s. 7.

51Y

Development Victoria may enter agreements for payment of charges under this Division

51Y Development Victoria may enter agreements for payment of charges under this Division

S. 51Y(1) amended by No. 10/2017 s. 23(2).

(1) Development Victoria may enter into an agreement with a person liable to pay a general charge or an infrastructure recovery charge for the payment of that charge.

S. 51Y(2) amended by No. 10/2017 s. 25(1).

(2) An agreement under this section must provide that the charge is to be paid to Development Victoria within a specified period of time and may provide for payment by instalments.

S. 51Z inserted by No. 35/2006 s. 7,
amended by No. 10/2017 s. 23(2).

51Z

Waiver of charges

51Z Waiver of charges

Development Victoria, with the approval of the Minister and the Treasurer, may waive a general charge or an infrastructure recovery charge on a property in whole or in part.

S. 51ZA (Heading) amended by No. 10/2017 s. 22(3).

S. 51ZA inserted by No. 35/2006 s. 7.

51ZA Development Victoria must give notice of charge to council or building surveyor

S. 51ZA(1) amended by No. 10/2017 s. 23(2).

(1) Development Victoria must give a notice under this section to—

(a) a municipal council from which it has received a notice under section 21(2A) of the Subdivision Act 1988 in respect of a subdivision of land; or

(b) a building surveyor from whom it has received a notice under section 18A of the Building Act 1993 in respect of an application for a building permit to carry out building work.

(2) The notice must be in writing and must state—

(a) whether a general development charge or an infrastructure recovery charge is payable in respect of the subdivision of land or the building work (as the case may be); and

S. 51ZA(2)(b) amended by No. 10/2017 s. 25(1).

(b) if applicable, whether the charge has been paid or the person liable to pay the charge has entered into an agreement with Development Victoria under section 51Y for payment of the charge.

S. 51ZB inserted by No. 35/2006 s. 7.

51ZB Removal of liability for other charges

A person liable under this Division to pay a charge in respect of a property and who would otherwise be liable under another Act to pay a charge in respect of the same property for the same matter is not liable to pay that other charge, despite anything to the contrary in any Act or law.

S. 51ZC (Heading) amended by No. 10/2017 s. 22(3).

S. 51ZC inserted by No. 35/2006 s. 7.

51ZC Development Victoria may charge interest on unpaid charges

S. 51ZC(1) amended by No. 10/2017 s. 25(1).

(1) Interest is payable at the rate fixed each year by Development Victoria on any unpaid charge that is due and payable under this Division.

S. 51ZC(2) amended by No. 10/2017 s. 25(1).

(2) The annual rate of interest fixed by Development Victoria for the purposes of subsection (1) must not be greater than the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983.

S. 51ZC(3) amended by No. 10/2017 s. 23(2).

(3) Development Victoria must publish the annual interest rate in the Government Gazette.

S. 51ZD inserted by No. 35/2006 s. 7.

51ZD Unpaid charges may be recovered as a debt

S. 51ZD(1) amended by No. 10/2017 s. 23(2).

(1) Development Victoria may recover any unpaid charge that is due and payable under this Division and any unpaid interest on that charge as a debt in any court of competent jurisdiction.

S. 51ZD(2) amended by No. 10/2017 s. 25(1).

(2) Any unpaid charge that is due and payable under this Division, any unpaid interest on that charge and any costs awarded to Development Victoria in any court proceedings in relation to that charge or interest are a first charge on the land.

S. 51ZE inserted by No. 35/2006 s. 7,
amended by No. 10/2017 s. 23(2).

51ZE Charges to be paid into Project Fund

Development Victoria must pay all money received by it under this Division into the Project Fund.

S. 51ZF (Heading) amended by No. 10/2017 s. 22(3).

S. 51ZF inserted by No. 35/2006 s. 7.

51ZF Refund of certain charges by Development Victoria

S. 51ZF(1) amended by No. 10/2017 s. 23(2).

(1) Development Victoria must refund out of the Project Fund any amount paid to it in respect of a general development charge or infrastructure recovery charge relating to a development that is stand-alone building work if it is satisfied that the building permit for the development has lapsed without the development proceeding.

S. 51ZF(2) amended by No. 10/2017 s. 23(2).

(2) Development Victoria may refund out of the Project Fund any amount paid to it in respect of a general development charge or infrastructure recovery charge relating to any other development if it is satisfied that the development in respect of which that charge was levied is not to proceed.

Subdivision 5—Objections

S. 51ZG inserted by No. 35/2006 s. 7,
amended by No. 10/2017 s. 25(1).

51ZG Making an objection to a general charge

A person who is aggrieved by the levying of a general charge may, within 28 days after receiving a statement of charge under section 51V or 51W, object in writing to Development Victoria on any one or both of the grounds set out in section 51ZI(1).

S. 51ZH inserted by No. 35/2006 s. 7,
amended by No. 10/2017 s. 25(1).

51ZH Making an objection to an infrastructure recovery charge

A person who is aggrieved by the levying of an infrastructure recovery charge may, within 28 days after receiving a statement of charge under section 51X, object in writing to Development Victoria on any one or more of the grounds set out in section 51ZI.

S. 51ZI inserted by No. 35/2006 s. 7.

51ZI Grounds for objection

(1) The grounds for an objection are—

(a) that the objector is not liable for the charge;

(b) that there is a technical error in the calculation of the charge.

(2) The following additional grounds of objection apply to an infrastructure recovery charge—

(a) that an assessment of development value by the nominated valuer used in the calculation of the charge is too high or too low;

(b) that an assessment of development value by the nominated valuer used in the calculation of the charge is based on an incorrect description of any land valued in that assessment;

(c) that an assessment of development value by the nominated valuer used in the calculation of the charge is based on an incorrect apportioning of the value of a parcel of land in respect of which the charge is levied that had previously been valued together with other parcels of land under section 13DC(6) or 13DC(7) of the Valuation of Land Act 1960.

S. 51ZJ inserted by No. 35/2006 s. 7.

51ZJ What must an objection contain?

(1) An objection must—

(a) state the ground or grounds on which the objection is based; and

(b) give particulars of—

(i) any alleged error in the calculation of the charge; or

(ii) the bases of any assessment of development value made by the nominated valuer to which the objection is made.

(2) An objection on a ground set out in section 51ZI(2) must be accompanied by an assessment of the development value of the development made by a qualified valuer at the objector's expense.

S. 51ZK inserted by No. 35/2006 s. 7,
amended by No. 10/2017 ss 25(1), 27.

51ZK Determination of objection not involving assessment of development value

If Development Victoria receives an objection based on a ground set out in section 51ZI(1), Development Victoria must determine the objection and notify the objector in writing of Development Victoria's determination within 28 days after receiving the objection.

S. 51ZL inserted by No. 35/2006 s. 7.

51ZL Determination of objection involving disputed assessment of development value

S. 51ZL(1) amended by No. 10/2017 s. 25(1).

(1) If Development Victoria receives an objection based on a ground set out in section 51ZI(2), Development Victoria must determine to accept or reject the assessment of development value provided by the objector within 21 days after receiving the objection.

S. 51ZL(2) amended by No. 10/2017 s. 25(1).

(2) If Development Victoria determines to accept the objector's assessment, Development Victoria must within 7 days after making that determination—

(a) make any necessary adjustment to the charge; and

(b) notify the objector of its determination and of any adjustment made to the charge.

S. 51ZL(3) amended by No. 10/2017 s. 25(1).

(3) If Development Victoria determines not to accept the objector's assessment, it must within 7 days after making that determination—

(a) refer the objection to the valuer-general for dispute resolution; and

(b) notify the objector in writing of its determination and that the objection has been so referred.

S. 51ZM inserted by No. 35/2006 s. 7.

51ZM Dispute resolution procedure

(1) The valuer-general must convene a dispute resolution conference within 2 months after the objection is referred to the valuer-general under section 51ZL.

(2) The parties to the dispute resolution conference are the nominated valuer who made the assessment and the valuer who prepared the objector's assessment.

(3) The valuer-general or a person nominated by the valuer-general is to facilitate the dispute resolution conference.

(4) At a dispute resolution conference the parties may agree on the correct assessment of development value to be used as the basis for determining the charge.

S. 51ZM(5) amended by No. 10/2017 s. 25(1).

(5) The valuer-general must notify Development Victoria of the outcome of the dispute resolution conference.

S. 51ZN (Heading) amended by No. 10/2017 s. 22(3).

S. 51ZN inserted by No. 35/2006 s. 7.

51ZN Determination of Development Victoria after dispute resolution conference

S. 51ZN(1) amended by No. 10/2017 s. 25(1).

(1) If the valuer-general notifies Development Victoria that the parties to the dispute resolution conference have agreed on the correct assessment of development value, Development Victoria, within 7 days after receiving that notice, must—

(a) accept the assessment; and

(b) make any necessary adjustment to the charge; and

S. 51ZN(1)(c) amended by No. 10/2017 s. 27.

(c) notify the objector in writing of Development Victoria's determination to accept the assessment and of any adjustment made to the charge.

S. 51ZN(2) amended by No. 10/2017 s. 25(1).

(2) If the valuer-general notifies Development Victoria that the parties to the dispute resolution conference have not agreed on the correct assessment of development value, Development Victoria, within 7 days after receiving that notice, must—

(a) disallow the objection on the ground of the assessment of development value; and

S. 51ZN(2)(b) amended by No. 10/2017 s. 27.

(b) notify the objector in writing of Development Victoria's determination to disallow the objection on that ground.

Subdivision 6—Reviews and appeals

S. 51ZO inserted by No. 35/2006 s. 7.

51ZO Application to VCAT for review

S. 51ZO(1) amended by No. 10/2017 s. 25(2).

(1) An objector who is dissatisfied with a determination of Development Victoria under section 51ZK, or 51ZN on an objection may apply to VCAT for review of that determination.

(2) An application under subsection (1) must be made within 28 days after the objector is notified of the determination under Subdivision 5.

(3) An objector may apply to VCAT for a review of the amount of a general charge or an infrastructure recovery charge set out in a statement sent to the objector under section 51V, 51W or 51X if—

S. 51ZO(3)(a) amended by No. 10/2017 s. 25(2).

(a) Development Victoria fails to notify the objector of its determination in relation to the objection within the time required by section 51ZK, 51ZL or 51ZN (as the case requires); or

(b) the valuer-general fails to convene a dispute resolution conference within the time required by section 51ZM.

(4) An application under subsection (3) must be made within 28 days after the expiry of the relevant required time referred to in that subsection.

S. 51ZO(5) amended by No. 10/2017 s. 25(2).

(5) An applicant under this section must serve a copy of the application on Development Victoria.

S. 51ZO(6) amended by No. 10/2017 s. 23(2).

(6) Development Victoria must, within 28 days after being served with a copy of the application, forward to the principal registrar of VCAT—

(a) the notice of objection; and

(b) copies of any written notifications given under Subdivision 5 in connection with the objection.

(7) The principal registrar of VCAT must notify the valuer-general of an application under this section that relates to an objection on a ground referred to in section 51ZI(2).

S. 51ZP inserted by No. 35/2006 s. 7.

51ZP Appeal to Supreme Court

(1) If the application relates to a ground of objection referred to in section 51ZI(2), the President of VCAT, on his or her own initiative or on the application of a party, may refer a matter that is the subject of an application under section 51ZO to the Supreme Court to be treated as an appeal to the Supreme Court if the President is satisfied that the matter raises questions of unusual difficulty or of general importance.

(2) The principal registrar of VCAT must notify the valuer-general of a referral to the Supreme Court under subsection (1).

(3) In addition to subsection (1), a matter that is or could be the subject of an application under section 51ZO may be treated as an appeal to the Supreme Court if, on the application of any party, the Court is satisfied that the matter raises questions of unusual difficulty or of general importance.

(4) For the purposes of subsection (3), a party includes a person who would be a party if the matter were the subject of an application under section 51ZO.

(5) The prothonotary must notify the valuer-general of an application to the Supreme Court under subsection (3).

(6) Nothing in this section limits the application of section 77 of the Victorian Civil and Administrative Tribunal Act 1998.

Section 77 of the Victorian Civil and Administrative Tribunal Act 1998 permits VCAT to refer a matter to a more appropriate forum.

S. 51ZQ inserted by No. 35/2006 s. 7.

51ZQ Grounds of review or appeal

(1) On a review or appeal the objector's case is limited to—

(a) the ground or grounds of the objection made under section 51ZG or 51ZH; and

(b) any other ground set out in section 51ZI allowed by order of VCAT or the Supreme Court (as the case requires).

(2) If a ground for the objection is that an assessment of development value is incorrect on a ground referred to in section 51ZI(2), the application for review or appeal (as the case requires) must state the amount that the objector contends is the correct amount of the assessment.

S. 51ZR inserted by No. 35/2006 s. 7.

51ZR Powers on review or appeal

(1) On a review or appeal, VCAT or the Supreme Court (as the case requires) may—

(a) by order, confirm the person liable to pay the general charge or infrastructure recovery charge; and

(b) by order, confirm, increase, reduce or otherwise amend any assessment of development value that was used in calculating the infrastructure recovery charge; and

(d) make any other order it thinks fit.

S. 51ZR(2) amended by No. 62/2014 s. 21.

(2) An appeal to the Court of Appeal from an order of the Supreme Court under this section lies only on a question of law and with leave of the Court of Appeal.

Section 148 of the Victorian Civil and Administrative Tribunal Act 1998 provides for appeals on a question of law from orders of VCAT.

S. 51ZS inserted by No. 35/2006 s. 7.

51ZS Costs

(1) On a review or appeal, VCAT or the Supreme Court (as the case requires) may make an order as to the payment of costs, or no order as to the payment of costs, as it thinks appropriate.

(2) In determining any questions concerning costs, VCAT or the Supreme Court may take into consideration the following factors, as appropriate—

(a) the extent of any adjustment to the assessment made by VCAT or the Court;

(b) any unreasonable conduct on the part of any party—

(i) during the objection process; or

(ii) during the review or appeal;

(c) the failure of a party to give adequate information or supply supporting material when permitted or required to do so.

(3) The Supreme Court may make an order with respect to the assessment of costs in the same manner as it may in respect of any other matter before the Court.

Section 111 of the Victorian Civil and Administrative Tribunal Act 1998 provides for the assessment of costs in VCAT proceedings.

Div 6

Other powers

Division 6—Other powers

Ss 50, 51 repealed by No. 35/2006 s. 6.

Exemption from duty, rates, taxes or charges

52 Exemption from duty, rates, taxes or charges

(1) Despite anything to the contrary in any Act or law, the Treasurer, on the Minister's recommendation, may by instrument totally or partially exempt the whole or a specified part of the project area from any duty, rate, tax or charge levied under this or any other Act in respect of land.

(2) An exemption must state the time for which it operates and may be subject to any conditions specified in the instrument of exemption.

(3) The Minister must cause notice of an exemption to be published in the Government Gazette.

(4) The Minister must obtain the written consent of the person or body responsible for levying a duty, rate, tax or charge (other than one payable into the Consolidated Fund) before making a recommendation under subsection (1) in relation to that duty, rate, tax or charge.

Transport facilities

53 Transport facilities

S. 53(1) amended by No. 10/2017 s. 25(2).

(1) Within the project area Development Victoria may do all or any of the following—

(a) construct, extend, realign, relocate, open, operate, close or remove roads, railways, transport facilities and tunnels;

(b) carry out separate works or facilities associated with any of the things mentioned in paragraph (a).

S. 53(2) amended by Nos 10/2017 s. 25(2), 49/2019 s. 186(Sch. 4 item 12.2).

(2) Before Development Victoria does anything under subsection (1) to a road, railway, transport facility or tunnel vested in or under the control of—

S. 53(2)(a) amended by No. 49/2019 s. 186(Sch. 4 item 12.1).

(a) the Head, Transport for Victoria within the meaning of the Transport Integration Act 2010; or

S. 53(2)(b) amended by No. 95/2005 s. 12(4), repealed by No. 6/2010 s. 203(1) (Sch. 6 item 50.1(a)) (as amended by No. 45/2010 s. 22).

S. 53(2)(c) substituted by No. 6/2010 s. 203(1) (Sch. 6 item 50.1(b)) (as amended by No. 45/2010 s. 22).

S. 53(2)(d) amended by No. 6/2010 s. 203(1) (Sch. 6 item 50.1(c)) (as amended by No. 45/2010 s. 22).

(d) a metropolitan train operator or metropolitan tram operator within the meaning of the Rail Management Act 1996—

Development Victoria must get the approval of the Head, Transport for Victoria, that Authority or other body.

S. 53(3) amended by Nos 95/2005 s. 12(4), 6/2010 s. 203(1)(Sch. 6 item 50.2) (as amended by No. 45/2010 s. 22), 61/2011 s. 25(Sch. 1 item 14), 10/2017 s. 25(2), 49/2019 s. 186(Sch. 4 item 12.3).

(3) Without limiting subsection (2), if under that subsection Development Victoria is required to get the approval of Victorian Rail Track before doing anything under subsection (1), Development Victoria must also get the approval of the Head, Transport for Victoria within the meaning of the Transport Integration Act 2010 before doing that thing.

S. 53(4) amended by No. 10/2017 s. 25(2).

(4) The Governor in Council may by Order published in the Government Gazette provide for any vesting or divesting of lands necessary because of the exercise by Development Victoria of its powers under subsection (1).

(5) An Order under subsection (4) may only be made on the joint recommendation of the Minister and—

(a) any other Minister administering an Act affected by the Order; or

(b) any other Minister responsible for a body whose land is affected by the Order.

Closing roads

54 Closing roads

S. 54(1) amended by No. 10/2017 s. 25(2).

(1) A decision under this Part to close, realign or relocate a road has no effect until Development Victoria causes notice of it to be published in the Government Gazette and in a newspaper circulating generally throughout Victoria.

(2) On the publication under subsection (1) of a decision to close, realign or relocate a road—

(a) the land over which the closed, realigned or relocated road ran ceases to be a road; and

(b) all rights, easements and privileges existing or claimed either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and

S. 54(3) amended by No. 10/2017 s. 23(2).

(3) Development Victoria may temporarily close a road in the project area to traffic if it considers it necessary to do so so that works on the road or neighbouring land can be carried out.

Administration of Building Act 1993

55 Administration of Building Act 1993

(1) Despite anything to the contrary in the Building Act 1993, the Minister may by Order declare that the administration and enforcement in relation to all or part of the project area of any of the provisions of that Act and the regulations made under that Act is to be carried out—

(a) by a person specified by the Minister; and

(b) in accordance with the directions of the Minister.

(2) An Order under subsection (1) must be published in the Government Gazette.

(3) The Building Act 1993 and the regulations made under that Act apply for the purposes of this section as if any reference to a council, municipal building surveyor or relevant building surveyor were a reference to the person specified in the Order under this section.

(4) If, because of an Order under this section, a person (in this subsection called "the old person") ceases to have the functions of a council, municipal building surveyor or relevant building surveyor under the Building Act 1993 or the regulations made under that Act for the purposes of this section and another person (in this subsection called "the new person") specified in that Order acquires those functions—

(a) anything of a continuing nature done or commenced by or in relation to the old person in relation to those functions may be done, or completed by or in relation to the new person; and

(b) the old person must give to the new person any document held by the old person that is relevant to anything done by the old person in relation to those functions; and

(c) anything done by or in relation to the old person in relation to those functions that concerns a matter of a continuing nature has effect as if done by or in relation to the new person.

(5) In this section function includes power, discretion, authority and duty.

Negotiation bonds

56 Negotiation bonds

S. 56(1) amended by No. 10/2017 ss 23(2), 25(2).

(1) Development Victoria, with the approval of the Minister, may, in writing, request any person to lodge a negotiation bond with Development Victoria if the person has expressed an interest—

(a) in the development of any precinct or any part of a precinct of the project area; or

(b) in the provision of an item or combination of items of trunk infrastructure in the project area.

(2) A negotiation bond must not exceed $200 000 or, if another amount is prescribed, that amount, for each precinct or for each item or combination of items of trunk infrastructure in respect of which the person has expressed an interest.

(3) The request may provide that the negotiation bond—

(a) must be in the form of a cash deposit; and

S. 56(3)(b) amended by No. 10/2017 s. 25(2).

(b) is to be lodged subject to the conditions specified by Development Victoria in the request, including conditions relating to the circumstances in which the bond may be forfeited.

S. 56(4) amended by No. 10/2017 s. 25(2).

(4) If a person does not lodge a negotiation bond with Development Victoria in accordance with a request under this section within 7 days after the request is made, Development Victoria may refuse to enter into any arrangement or agreement under this Act with that person in relation to—

(a) the development of the precinct or the provision of trunk infrastructure; or

(b) any lease, licence or disposal of land in the precinct or relating to the provision of trunk infrastructure; or

(5) In this section—

S. 56(5) def. of precinct amended by No. 10/2017 s. 25(2).

precinct means any part of the project area which Development Victoria by notice published in the Government Gazette determines to be a precinct of the project area;

infrastructure includes—

(a) roads and traffic works;

(b) sewerage, storm water drainage, water supply, electricity, gas, telecommunications and other like services;

(d) wharves, marinas and boat launching and berthing facilities;

(e) light rail, tram and other public transport works;

(f) public parks and public spaces and related works;

(g) art works;

(h) education facilities and community facilities, including kindergartens, libraries, community centres, health facilities and emergency service facilities;

trunk infrastructure means any item of infrastructure that provides benefits or services to more than one precinct.

Pt 3A (Heading and ss 56A–56P) inserted by No. 10/2017 s. 19.

Part 3A

Transfer of designated projects to Development Victoria

Part 3A—Transfer of designated projects to Development Victoria

S. 56A inserted by No. 10/2017 s. 19.

56A

Definitions

56A Definitions

allocation statement means an allocation statement made under section 56D;

designated project means a project designated by the relevant Ministers under section 56B;

former agency property means property, rights or liabilities of the nominated agency that, under this Part, have vested in or become liabilities of Development Victoria;

nominated agency in relation to a project, means the public statutory body that is, immediately before the relevant date, responsible for managing or delivering the project;

nominated agency instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—

(a) to which the nominated agency was a party; or

(b) that was given to or in favour of the nominated agency; or

(d) under which—

(i) money is, or may become, payable to or by the nominated agency; or

(ii) other property is to be, or may become liable to be, transferred to or by the nominated agency;

relevant date, in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the relevant Ministers under section 56C for the purposes of that statement;

relevant Ministers means—

(a) the Ministers administering this Act; and

(b) in relation to a project, the Minister administering the Act under which the project is being carried out, or under which the nominated agency is carrying out the project.

S. 56B inserted by No. 10/2017 s. 19.

56B

Ministers may designate project

56B Ministers may designate project

(1) The relevant Ministers, by instrument, may designate any project of a nominated agency as a designated project for the purposes of this Part.

(2) An instrument under this section must specify the nominated agency of the designated project.

S. 56C inserted by No. 10/2017 s. 19.

56C

Ministers may fix relevant date

56C Ministers may fix relevant date

The relevant Ministers, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under section 56D.

S. 56D inserted by No. 10/2017 s. 19.

56D

Development Victoria and nominated agency to prepare allocation statement or statements

56D Development Victoria and nominated agency to prepare allocation statement or statements

(1) Development Victoria and the nominated agency must give to the relevant Ministers and the Treasurer, within the period approved by the relevant Ministers and the Treasurer, a statement or statements approved by the Treasurer and the relevant Ministers relating to the property, rights and liabilities of the nominated agency in relation to a designated project as at the relevant date.

(2) A statement under this section in relation to a designated project—

(a) must allocate to Development Victoria all the property, rights and liabilities of the nominated agency which relate to the project; and

(b) must specify the provisions of Divisions 2, 3, 4, 5, 5A and 6 of Part 3 which are to apply in relation to the project; and

(3) If a statement under this section is approved by the Treasurer and the relevant Ministers—

(a) the Treasurer and the relevant Ministers must sign the statement; and

(b) the statement is an allocation statement for the purposes of this Part.

(4) The Treasurer and the relevant Ministers may at any time direct the nominated agency and Development Victoria to amend a statement given to them under this section as specified in the direction.

(5) An allocation statement under this section may be amended in writing signed by the Treasurer and the relevant Ministers.

(6) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.

S. 56E inserted by No. 10/2017 s. 19.

56E

Certificate of nominated agency

56E Certificate of nominated agency

(1) A certificate signed on behalf of the nominated agency certifying that property, rights or liabilities of the nominated agency specified in the certificate have been allocated under an allocation statement to Development Victoria is, unless revoked under subsection (2), admissible in evidence in any proceedings and, in the absence of evidence to the contrary, proof—

(a) that the property, rights or liabilities have been so allocated; and

(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of Development Victoria on the relevant date.

(2) If the Treasurer and the relevant Ministers so direct the nominated agency in writing, the nominated agency must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.

(3) The nominated agency—

(a) must keep a register of certificates issued under this section; and

(b) must make the register reasonably available for inspection by Development Victoria or any other interested person.

S. 56F inserted by No. 10/2017 s. 19.

56F

Property and powers transferred to Development Victoria

56F Property and powers transferred to Development Victoria

On the relevant date—

(a) all property and rights of the nominated agency that are allocated under an allocation statement to Development Victoria vest in Development Victoria; and

(b) all liabilities of the nominated agency that are allocated under an allocation statement to Development Victoria become liabilities of Development Victoria; and

(c) all provisions of Division 2, 3, 4, 5, 5A or 6 of Part 3 that are specified in an allocation statement apply in relation to the project as if on the relevant date a project order had been made in relation to the project and that order had specified those provisions.

S. 56G inserted by No. 10/2017 s. 19.

56G

Allocation of property etc. subject to encumbrances

56G Allocation of property etc. subject to encumbrances

Unless an allocation statement otherwise provides, if, under this Part, property and rights vest in Development Victoria or liabilities become liabilities of Development Victoria—

(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before vesting; and

(b) the rights to which the nominated agency was entitled in respect of those liabilities immediately before they ceased to be liabilities of that agency vest in Development Victoria.

S. 56H inserted by No. 10/2017 s. 19.

56H

Substitution of party to agreement

56H Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of the nominated agency under an agreement are allocated to Development Victoria—

(a) Development Victoria becomes, on the relevant date, a party to the agreement in place of the nominated agency; and

(b) on and after the relevant date, the agreement has effect as if Development Victoria had always been a party to the agreement.

S. 56I inserted by No. 10/2017 s. 19.

56I

Nominated agency instruments

56I Nominated agency instruments

Each nominated agency instrument relating to former agency property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the nominated agency were a reference to Development Victoria.

S. 56J inserted by No. 10/2017 s. 19.

56J

Proceedings

56J Proceedings

If, immediately before the relevant date, any proceeding relating to former agency property (including arbitration proceedings) to which the nominated agency was a party is pending or existing in any court or tribunal, then, on and after that date, Development Victoria is substituted for the nominated agency as a party to the proceeding and has the same rights in the proceeding as the nominated agency had.

S. 56K inserted by No. 10/2017 s. 19.

56K

Interests in land

56K Interests in land

Without affecting the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, the nominated agency is, in relation to former agency property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(a) Development Victoria is taken to be the registered proprietor of that interest in land; and

(b) Development Victoria has the same rights and remedies in respect of that interest as the nominated agency had.

S. 56L inserted by No. 10/2017 s. 19.

56L

Action by Registrar of Titles

56L Action by Registrar of Titles

On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part.

S. 56M inserted by No. 10/2017 s. 19.

56M

Taxes

56M Taxes

No land transfer duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the nominated agency.

S. 56N inserted by No. 10/2017 s. 19.

56N

Evidence

56N Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of the nominated agency in relation to former agency property if this Part had not been enacted, is admissible for or against the interests of Development Victoria.

(2) The Evidence Act 2008 applies with respect to the books of account of the nominated agency and to entries made in those books of account before the relevant date, whether or not they relate to former agency property, as if those books of account and entries were business records of Development Victoria.

S. 56O inserted by No. 10/2017 s. 19.

56O

Designated projects that are nominated projects under the Project Development and Construction Management Act 1994

56O Designated projects that are nominated projects under the Project Development and Construction Management Act 1994

(1) This section applies if a designated project is a nominated project within the meaning of the Project Development and Construction Management Act 1994.

(2) Despite anything to the contrary in the Project Development and Construction Management Act 1994, on the relevant date—

(a) the designated project, by force of this section, ceases to be a nominated project; and

(b) the nomination order under that Act that declares the designated project as a nominated project and any application order under that Act relating to the nominated project is, by force of this section, revoked.

S. 56P inserted by No. 10/2017 s. 19.

56P

Validity of things done under this Part

56P Validity of things done under this Part

(1) Nothing effected by this Part or done or suffered by the nominated agency, the State, a Minister or Development Victoria under this Part—

(a) is to be regarded as placing the nominated agency, the State, a Minister or Development Victoria in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d) releases any surety or other obligee wholly or in part from any obligation.

(2) The validity of any act or transaction of the nominated agency must not be called in question in any proceeding on the ground that any provision of this Part has not been complied with.

(3) In this section Act does not include the Charter of Human Rights and Responsibilities.

Part 4

Corporate plan

Part 4—Corporate plan

Corporate Plan

57 Corporate Plan

(1) The board must prepare a corporate plan for each financial year.

(2) The board must give a copy of the proposed plan to the Minister and the Treasurer on or before 31 May in each year.

(3) The proposed corporate plan must be in or to the effect of a form approved by the Minister and the Treasurer and must include—

(a) a statement of corporate intent in accordance with section 58;

(b) a business plan containing such information as the Minister or the Treasurer requires;

(4) The board must consider any comments on the proposed plan that are made to it by the Minister or the Treasurer within 2 months after the plan was submitted to the Minister and the Treasurer.

(5) The board must consult in good faith with the Minister and the Treasurer following communication to it of the comments, must make such changes to the plan as are agreed between the Minister, the Treasurer and the board and must deliver the completed plan to the Minister and the Treasurer within 2 months after the commencement of the financial year.

(6) The plan, or any part of the plan, must not be published or made available except for the purposes of this Part without the prior approval of the Minister and the Treasurer.

(7) The plan may be modified at any time by the board with the agreement of the Minister and the Treasurer.

(8) If the board, by written notice to the Minister and the Treasurer, proposes a modification of the plan, the board may, within 14 days, make the modification unless the Minister or the Treasurer, by written notice to the board, directs the board not to make it.

(9) The Treasurer, after consultation with the Minister, may, from time to time, by written notice to the board, direct the board to include in, or omit from, a statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters.

(10) Before giving a direction under this section, the Treasurer must consult with the board as to the matters to be referred to in the notice.

(11) The board must comply with a direction under this section.

S. 57(12) amended by No. 10/2017 s. 25(2).

(12) At any particular time, the statement of corporate intent, the business plan or the financial statements for Development Victoria are the statements and plan last completed, with any modifications or deletions made in accordance with this Part.

S. 58 amended by Nos 35/2011 s. 14, 10/2017 s. 25(2).

Statement of corporate intent—contents

58 Statement of corporate intent—contents

Each statement of corporate intent must specify for Development Victoria and its subsidiaries (if any), in respect of the financial year to which it relates and each of the 4 following financial years, the following information—

S. 58(a) amended by No. 10/2017 s. 25(2).

(a) the business objectives of Development Victoria and of its subsidiaries;

S. 58(b) amended by No. 10/2017 s. 25(2).

(b) the main undertakings of Development Victoria and of its subsidiaries;

S. 58(c) amended by No. 10/2017 s. 25(2).

(d) the accounting policies to be applied in the accounts;

S. 58(e) amended by No. 10/2017 s. 25(2).

(e) the performance targets and other measures by which the performance of Development Victoria and of its subsidiaries may be judged in relation to their stated business objectives;

S. 58(f) amended by No. 10/2017 s. 25(2).

(f) the kind of information to be provided to the Minister and the Treasurer by Development Victoria during the course of those financial years;

(g) such other matters as may be agreed on by the Minister, the Treasurer and the board from time to time.

S. 59 amended by No. 10/2017 s. 23(2).

Corporate plan to be followed

59 Corporate plan to be followed

Development Victoria must act only in accordance with its corporate plan, as existing from time to time, unless it has first obtained the written approval of the Minister and the Treasurer to do otherwise.

S. 60 amended by No. 10/2017 s. 25(2).

Nothing void merely because of non-compliance

60 Nothing void merely because of non-compliance

Nothing done by Development Victoria is void or unenforceable merely because Development Victoria has failed to comply with section 57, 58 or 59.

Board to give notice of significant events

61 Board to give notice of significant events

If the board forms the opinion that matters have arisen—

S. 61(a) amended by No. 10/2017 s. 25(2).

(a) that may prevent, or significantly affect, achievement of the business objectives of Development Victoria and its subsidiaries (if any) under the corporate plan; or

(b) that may prevent, or significantly affect achievement of the targets under the plan—

the board must immediately notify the Minister and the Treasurer of its opinion and the reasons for the opinion.

Part 5

Financial provisions

Part 5—Financial provisions

General Fund

62 General Fund

S. 62(1) amended by No. 10/2017 s. 23(2).

(1) Development Victoria must establish and keep a fund called the General Fund.

(2) There shall be paid into the General Fund—

S. 62(2)(a) amended by No. 10/2017 s. 25(2).

(a) all money received by Development Victoria, or on its behalf, in respect of, or in connection with, the carrying out of its functions or powers under this Act, except any function or power relating to a declared project;

(b) all income from the investment of money in the General Fund and the proceeds of sale of any such investment;

S. 62(2)(c) amended by No. 10/2017 s. 25(2).

S. 62(3) amended by No. 10/2017 s. 23(2).

(3) Development Victoria may pay money out of the General Fund—

S. 62(3)(a) amended by No. 10/2017 s. 25(2).

(a) to pay any amounts payable by Development Victoria in respect of its functions or powers under this Act, except any function or power relating to a declared project;

S. 62(3)(b) amended by No. 10/2017 s. 25(2).

(b) to pay any costs and expenses incurred by Development Victoria in relation to its functions or powers under this Act, except any function or power relating to a declared project;

S. 62(3)(c) amended by No. 10/2017 s. 25(2).

(c) to repay any money borrowed by Development Victoria under this Act for any purpose (other than a declared project) or any other liability of Development Victoria together with any charges or interest on that money;

(d) for any other purpose authorised by this Act.

Project Fund

63 Project Fund

S. 63(1) amended by No. 10/2017 s. 23(2).

(1) Development Victoria must establish and keep a fund called the Project Fund.

(2) There shall be paid into the Project Fund—

S. 63(2)(a) amended by No. 10/2017 s. 26(1).

(a) all money received by Development Victoria, or on its behalf, in respect of, or in connection with, the carrying out of its functions or powers under this Act relating to a declared project;

(b) all income from the investment of money in the Project Fund and the proceeds of sale of any such investment;

S. 63(2)(c) amended by No. 10/2017 s. 26(1).

S. 63(3) amended by No. 10/2017 s. 23(2).

(3) Development Victoria may pay money out of the Project Fund—

S. 63(3)(a) amended by No. 10/2017 s. 26(1).

(a) to pay any amounts payable by Development Victoria in respect of its functions or powers under this Act relating to a declared project;

S. 63(3)(b) amended by No. 10/2017 s. 26(1).

(b) to pay any costs and expenses incurred by Development Victoria in relation to its functions or powers under this Act relating to a declared project;

S. 63(3)(c) amended by No. 10/2017 s. 26(1).

(c) to repay any money borrowed by Development Victoria under this Act for any purpose relating to a declared project together with any charges or interest on that money.

S. 64 (Heading) amended by No. 10/2017 s. 22(2).

S. 64 amended by No. 10/2017 s. 23(2).

Borrowing and investment by Development Victoria

64 Borrowing and investment by Development Victoria

Development Victoria has the powers conferred on it by the Borrowing and Investment Powers Act 1987.

Capital

65 Capital

S. 65(1) amended by No. 10/2017 s. 26(1).

(1) The capital of Development Victoria is equal to the sum of—

S. 65(1)(a) amended by No. 10/2017 s. 26(1).

(a) the assets and liabilities vested in Development Victoria under sections 81 and 85; and

S. 65(1)(b) amended by No. 10/2017 s. 27.

(b) any part of Development Victoria's liabilities that is converted into capital at the direction of the Treasurer; and

S. 65(1)(c) amended by No. 10/2017 s. 26(1).

(c) any amounts paid to Development Victoria out of money appropriated by the Parliament for the purpose of providing capital; and

S. 65(1)(d) amended by No. 10/2017 s. 27.

(d) any part of Development Victoria's reserves that is converted into capital at the direction of the Treasurer after consultation with the board—

less any amount of capital repaid under subsection (2).

S. 65(2) amended by No. 10/2017 s. 26(1).

(2) The capital of Development Victoria is repayable to the State at such times, and in such amounts, as the Treasurer, after consultation with the Minister, directs in writing after consultation with the board.

S. 65(3) amended by No. 10/2017 s. 27.

(3) In giving such a direction, the Treasurer shall have regard to any advice that the board has given to the Treasurer in relation to Development Victoria's affairs.

S. 66 amended by No. 10/2017 s. 23(2).

Dividends

66 Dividends

Development Victoria must pay to the State such amounts, at such times and in such manner, as are determined by the Treasurer after consultation with the board and the Minister.

Exceptions from sections 88 and 88B of State Owned Enterprises Act 1992

67 Exceptions from sections 88 and 88B of State Owned Enterprises Act 1992

S. 67(1) amended by No. 10/2017 s. 26(1).

(1) Despite anything to the contrary in section 88 of the State Owned Enterprises Act 1992, a direction by the Treasurer to Development Victoria under that section to enter the NTER does not apply in relation to the following activities of Development Victoria—

(a) any activity relating to the docklands area (including any activity under Part 3A of the Docklands Act 1991); and

S. 67(1)(b) amended by No. 10/2017 s. 26(1).

(b) an activity relating to a declared project, being an activity determined for the purposes of this subsection by the Minister, with the approval of the Treasurer, and advised in writing to Development Victoria.

S. 67(2) amended by No. 10/2017 s. 26(1).

(2) Despite anything to the contrary in section 88B of the State Owned Enterprises Act 1992, that section does not apply to any land owned by Development Victoria in the docklands area or in a project area.

(3) This section has effect despite anything to the contrary in section 5 of the State Owned Enterprises Act 1992.

(4) In this section, NTER has the same meaning as in section 88 of the State Owned Enterprises Act 1992.

Pt 6 (Heading) substituted by No. 10/2017 s. 29.

Part 6

Reports by Development Victoria

Part 6—Reports by Development Victoria

Reports to Minister or Treasurer

68 Reports to Minister or Treasurer

The Minister or the Treasurer may, in writing, require the board to give the Minister or the Treasurer such information as the Minister or the Treasurer requires.

S. 69 amended by No. 10/2017 s. 23(2).

Annual report

69 Annual report

Development Victoria, in its annual report for a financial year under Part 7 of the Financial Management Act 1994, must include—

(a) a copy of each direction given to it during that year under section 9 together with a statement of its response to the direction; and

S. 69(b) amended by No. 10/2017 s. 20(a).

(b) a copy of the statement of corporate intent last completed; and

S. 69(c) inserted by No. 10/2017 s. 20(b).

(c) in respect of each declared project being delivered by the Authority during the financial year, details of value creation and capture, including—

(i) community services, benefits and infrastructure;

(ii) increase in social capital;

(iii) enhancements to public amenity;

(iv) commercial outcomes;

(v) productivity enhancements;

S. 69(d) inserted by No. 10/2017 s. 20(b).

(d) a report on the financial status of each declared project.

Part 7—General

Division 1—Confidentiality

70 This Division binds the Crown

This Division binds the Crown.

S. 71 amended by No. 10/2017 s. 26(1).

Improper use of information

71 Improper use of information

A person connected with Development Victoria must not make improper use of information acquired because of that person's connection with Development Victoria—

(a) to gain directly or indirectly any pecuniary advantage for himself or herself or anyone else; or

S. 71(b) amended by No. 10/2017 s. 26(1).

(b) with intent to cause detriment to Development Victoria irrespective of whether detriment was caused.

50 penalty units.

S. 72 amended by No. 45/2009 s. 17(1)(4) (ILA s. 39B(1)).

Information to be confidential

72 Information to be confidential

S. 72(1) amended by No. 10/2017 ss 26(1), 27.

(1) A person connected with Development Victoria must not make a record of, or divulge or communicate to any person, information, relating to Development Victoria or Development Victoria's functions and powers, that was obtained by the person in confidence except—

(a) in carrying out official duties; or

(b) in carrying out duties or obligations under this Act or the Docklands Act 1991 or the agreement or arrangement or as a participant in relation to the undertaking; or

S. 72(d) amended by No. 45/2009 s. 17(2).

(d) to a court, in proceedings under this Act or the Docklands Act 1991 or in relation to an agreement or arrangement made under this Act or the Docklands Act 1991; or

S. 72(e) inserted by No. 45/2009 s. 17(3).

(e) if the information is already in the public domain, other than as a result of a contravention of this Act.

50 penalty units.

S. 72(2) inserted by No. 45/2009 s. 17(4).

(2) For the purposes of subsection (1), a reference to information obtained in confidence includes a reference to information obtained by the person in circumstances in which the person knew or ought reasonably to have known the information was confidential.

S. 73 (Heading) amended by No. 10/2017 s. 22(2).

S. 73 amended by No. 10/2017 s. 26(1).

Who is connected with Development Victoria?

73 Who is connected with Development Victoria?

For the purpose of sections 71 and 72, a person is connected with Development Victoria if the person is or has been—

S. 73(a) amended by No. 10/2017 s. 26(1).

(a) a director of Development Victoria or a member of its staff; or

S. 73(b) amended by No. 10/2017 s. 26(1).

(b) a participant with Development Victoria in a body (corporate or unincorporate), trust, partnership, joint venture, or other joint undertaking; or

S. 73(c) amended by No. 10/2017 s. 26(1).

Division 2—Evidence and legal proceedings

S. 74 amended by No. 10/2017 s. 26(1).

Proceedings

74 Proceedings

Proceedings for an offence under this Act or the regulations may be brought by Development Victoria or a person authorised in writing by Development Victoria to do so either generally or in a particular case.

Evidence

75 Evidence

(1) Proof is not required in the absence of evidence to the contrary—

S. 75(1)(a) amended by No. 10/2017 s. 26(2).

(a) of the constitution of Development Victoria, the due appointment of its directors or the presence of a quorum at its meetings;

S. 75(1)(b) amended by No. 10/2017 s. 27.

(b) of the appointment of any member of Development Victoria's staff;

S. 75(1)(c) amended by No. 10/2017 s. 26(2).

S. 75(1)(d) amended by No. 10/2017 s. 26(2).

(d) that a document appearing to be issued by or on behalf of Development Victoria was so issued;

S. 75(1)(e) amended by No. 10/2017 s. 26(2).

(e) of the fixing of a charge by Development Victoria under this Act;

S. 75(1)(f) amended by No. 10/2017 s. 27.

(f) of the validity of the contents of Development Victoria's records or minutes.

S. 75(2) amended by No. 10/2017 s. 26(2).

(2) A document appearing to be part of a resolution or notice made or issued by Development Victoria under this Act and appearing to be authenticated by Development Victoria is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that a resolution or notice in those terms was duly made or issued by Development Victoria.

S. 75(3) amended by No. 10/2017 s. 26(2).

(3) A document appearing to be issued by Development Victoria or appearing to be signed by the chairperson or chief executive of Development Victoria and stating the amount, liability to pay, extent of payment or other particulars relating to a charge under this Act or the Docklands Act 1991 is, in the absence of evidence to the contrary, proof of the matters stated in the document.

S. 75(4) amended by No. 10/2017 ss 26(2), 27.

(4) A document requiring authentication by Development Victoria must be taken to be sufficiently authenticated without Development Victoria's seal if signed by the chairperson or chief executive of Development Victoria or by another person authorised in writing by Development Victoria to do so, either generally or in a particular case.

Service of documents

76 Service of documents

S. 76(1) amended by No. 10/2017 s. 26(2).

(1) A document required or permitted to be served on Development Victoria may be served by being left at its principal office with a person authorised in writing by Development Victoria to accept service of documents on behalf of Development Victoria.

S. 76(2) amended by No. 10/2017 s. 26(2).

(2) A document required or permitted to be served by Development Victoria on a person may be served—

(a) by delivering it personally to that person;

(b) by leaving it at that person's usual or last known place of residence with a person apparently over the age of 16 years and apparently living there;

S. 76(2)(d) amended by No. 10/2017 s. 26(2).

(d) if the person is an owner or occupier of land whose name and address are not known to Development Victoria—

(i) by leaving it at the land with a person apparently over the age of 16 years and apparently living there;

(ii) by putting it up on a conspicuous part of the land;

(e) by serving it in any other prescribed way.

S. 76(3) amended by No. 10/2017 s. 26(2).

(3) If the name and address of the owner or occupier of land are not known to Development Victoria, a document may be addressed to the "owner" or "occupier".

(4) If a document is served on the owner or occupier of land the service is binding on any subsequent owner or occupier as if actually served on that person.

S. 76(5) amended by No. 10/2017 s. 26(2).

(5) A statutory declaration by a person who has served or given a document to or on behalf of Development Victoria stating the manner, place, date and time the document was served or given is evidence of the document having been served or given.

Other laws not affected

77 Other laws not affected

This Division adds to and does not take away from any other Act, rule or law relating to evidence or the service of documents.

Division 3—Duties of Registrar

Action by Registrar of Titles

78 Action by Registrar of Titles

Division 4—Regulations

Regulations

79 Regulations

(1) The Governor in Council may make regulations for or with respect to prohibiting or regulating—

S. 79(1)(a) amended by No. 10/2017 s. 26(2).

(a) direct or indirect pecuniary interests of directors of Development Victoria and those members of staff of Development Victoria who are or are of a class specified in the regulations in contracts or proposed contracts with Development Victoria or other matters considered by Development Victoria, and the duties of persons in relation to those interests;

(b) the disclosure or recording of information about those interests;

(c) prescribing any matter or thing authorised or required to be prescribed or necessary or convenient to be prescribed for carrying this Act into effect.

(2) The regulations—

(a) may be of general or limited application;

(b) may differ according to differences in time place or circumstances;

(d) may impose penalties not exceeding 10 penalty units for breach of the regulations.

Pt 8 (Heading and ss 80–89) substituted as Pt 8 (Heading and ss 80–85) by No. 35/2011 s. 15.

Part 8

Savings and transitional provisions

Part 8—Savings and transitional provisions

S. 80 substituted by No. 35/2011 s. 15.

Definitions

80 Definitions

commencement day means the date of commencement of the Victorian Urban Development Authority Amendment (Urban Renewal Authority Victoria) Act 2011;

new Authority means the Urban Renewal Authority Victoria established by this Act;

old Authority means the Victorian Urban Development Authority established by the Victorian Urban Development Authority Act 2003.

S. 81 substituted by No. 35/2011 s. 15.

Transitional—Victorian Urban Development Authority

81 Transitional—Victorian Urban Development Authority

(1) On the commencement day—

(a) the old Authority is abolished and its members go out of office; and

(b) the new Authority is the successor in law of the old Authority; and

(c) all rights, assets, liabilities and obligations of the old Authority immediately before its abolition become rights, assets, liabilities and obligations of the new Authority; and

(d) all moneys standing to the credit of the General Fund of the old Authority become moneys standing to the credit of the General Fund of the new Authority under this Act; and

(e) all moneys standing to the credit of the Project Fund of the old Authority become moneys standing to the credit of the Project Fund of the new Authority under this Act; and

(f) all moneys standing to the credit of the Docklands Fund (within the meaning of the Docklands Act 1991) of the old Authority become moneys standing to the credit of the Docklands Fund of the new Authority under that Act; and

(g) the new Authority is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the old Authority; and

(h) the new Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the old Authority.

(2) An entitlement of a member or former member of the Docklands Authority to be indemnified under section 35J of the Docklands Act 1991 in respect of anything done by the member or former member before the commencement of the Victorian Urban Development Authority Act 2003, continues to apply to that member after the commencement day as if a reference to a director of the Authority in section 35J were a reference to the member or former member.

S. 82 substituted by No. 35/2011 s. 15.

Action by Registrar of Titles

82 Action by Registrar of Titles

S. 83 substituted by No. 35/2011 s. 15.

Transitional—staff of the old Authority

83 Transitional—staff of the old Authority

(1) On the commencement day, all persons who are employees of the old Authority immediately before the commencement day are taken to be employees of the new Authority on the same terms and conditions and with the same accrued and accruing entitlements as applied to that person immediately before the commencement day as an employee of the old Authority.

(2) If subsection (1) applies to a person—

(a) the service of the person as an employee with the new Authority is to be regarded for all purposes as having been continuous with the service of the employee with the old Authority; and

(b) the person is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old Authority.

(3) Nothing in this section prevents an employee of the old Authority from resigning or being dismissed at any time after the commencement day in accordance with the terms and conditions of his or her employment.

S. 84 substituted by No. 35/2011 s. 15.

Transitional—superseded references

84 Transitional—superseded references

On and from the commencement day, in any Act (other than this Act) or in any instrument made under any Act or in any other document—

(a) a reference to the Victorian Urban Development Authority Act 2003 is taken to be a reference to the Urban Renewal Authority Victoria Act 2003; and

(b) a reference to the Victorian Urban Development Authority or to VicUrban is taken to be a reference to the new Authority—

so far as it relates to any period after that commencement, unless the context otherwise requires.

S. 85 substituted by No. 35/2011 s. 15.

Savings provision—corporate plan

85 Savings provision—corporate plan

On and from the commencement day, the corporate plan that was prepared under section 57 and in force immediately before the commencement day is taken to be the corporate plan prepared in respect of the new Authority, and may be amended in accordance with this Act.

Pt 9
(Heading and ss 90–126) repealed by No. 28/2007 s. 3(Sch. item 74),
new Pt 9 (Heading and new ss 86–92) inserted by No. 10/2017 s. 21.

Part 9

Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017—Savings and transitional provisions—establishment of Development Victoria

Part 9—Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017—Savings and transitional provisions—establishment of Development Victoria

New s. 86 inserted by No. 10/2017 s. 21.

Definitions

86 Definitions

commencement day means the day on which section 8 of the Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017 comes into operation;

old Authority means the Urban Renewal Authority Victoria established by the Urban Renewal Authority Victoria Act 2003.

New s. 87 inserted by No. 10/2017 s. 21.

Transitional provision—Urban Renewal Authority Victoria

87 Transitional provision—Urban Renewal Authority Victoria

On the commencement day—

(a) the old Authority is abolished and its members go out of office; and

(b) all members of the old Authority immediately before the commencement day are taken to be members of Development Victoria on the same terms and conditions as applied to that person immediately before the commencement day as a member of the old Authority; and

(c) the Chairperson of the old Authority immediately before the commencement day is taken to be the Chairperson of Development Victoria on the same terms and conditions as applied to the Chairperson immediately before the commencement day as Chairperson of the old Authority; and

(d) the Deputy Chairperson of the old Authority immediately before the commencement day is taken to be the Deputy Chairperson of Development Victoria on the same terms and conditions as applied to the Deputy Chairperson immediately before the commencement day as Deputy Chairperson of the old Authority; and

(e) Development Victoria is the successor in law of the old Authority; and

(f) all rights, assets, liabilities and obligations of the old Authority immediately before its abolition become rights, assets, liabilities and obligations of Development Victoria; and

(g) all moneys standing to the credit of the General Fund of the old Authority become moneys standing to the credit of the General Fund of Development Victoria under this Act; and

(h) all moneys standing to the credit of the Project Fund of the old Authority become moneys standing to the credit of the Project Fund of Development Victoria under this Act; and

(i) all moneys standing to the credit of the Docklands Fund (within the meaning of the Docklands Act 1991) of the old Authority become moneys standing to the credit of the Docklands Fund of Development Victoria under that Act; and

(j) Development Victoria is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the old Authority; and

(k) Development Victoria may continue and complete any other continuing matter or thing commenced by or against or in relation to the old Authority.

New s. 88 inserted by No. 10/2017 s. 21.

Action by Registrar of Titles

88 Action by Registrar of Titles

New s. 89 inserted by No. 10/2017 s. 21.

More sections below

Source text: opening excerpt

Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

1 Development Victoria Act 2003

Version No. 034

Development Victoria Act 2003

No. 59 of 2003

Version incorporating amendments as at
26 November 2025

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 2

3 Definitions 2

3A Transport Integration Act 2010 6

4 Does Development Victoria represent the Crown? 6

Part 2—Development Victoria 7

Division 1—Establishment 7

5 Establishment 7

Division 2—Functions and powers 8

7 Functions 8

8 Powers of Development Victoria 9

9 Development Victoria subject to the direction and control of the Minister 10

10 Non-commercial functions 11

11 Delegation 11

12 Development Victoria may enter into joint ventures etc. 12

13 Reciprocal arrangements with public sector agencies 13

14 Grant of land to Development Victoria 14

15 Approval required for acquisition of private land 14

16 Staff 15

Division 3—The board 16

17 The board 16

18 Constitution of the board 16

19 Appointment of directors 16

19A Eligibility criteria for appointment of directors 17

20 Terms and conditions of appointment 18

21 Acting appointments 18

22 Chief executive 19

23 Vacancies, resignations, removal from office 19

24 Validity of decisions 20

25 Proceedings of the board 21

26 Sub-committees 21

27 Participation in meetings by telephone etc. 22

28 Resolutions without meetings 22

29 Disclosure of interests 23

30 Duties of directors 24

31 Development Victoria or Minister may bring proceedings 25

32 Development Victoria not to make loans to directors 25

33 Limitations on indemnity 26

Part 3—Powers relating to declared projects 27

Division 1—Declared projects 27

34 Project order 27

35 Application of Act 28

36 Development Victoria represents the Crown in relation to project 28