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.
Section 51Z - Development Victoria Act 2003 - Waiver of charges | Zoe
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
(c) by order, confirm, increase, reduce or otherwise amend the general charge or 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.