Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020
30Subsequent owner of land in respect of which staged payment approval given liable to pay levy
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30 Subsequent owner of land in respect of which staged payment approval given liable to pay levy
(a) a staged payment approval has been given in relation to land; and
(b) the ownership of the undischarged part of the land is transferred to a person (the subsequent owner) other than the person given the approval (the former owner) as a result of the occurrence of a dutiable transaction relating to land.
(2) On the occurrence of the dutiable transaction—
(a) the liability to pay the levy is imposed on the subsequent owner from the time of the occurrence of the transaction; and
(b) the liability of the former owner to pay the levy is extinguished from the time of the occurrence of the transaction; and
(c) the subsequent owner is taken to have been given a staged payment approval for the staged payment of the levy that the subsequent owner is liable to pay under paragraph (a); and
(d) the approval taken to have been given under paragraph (c)—
(i) is subject to the same conditions as the approval given to the former owner; and
(ii) is taken to take effect from the date on which the dutiable transaction relating to land occurs.
(3) Within 10 days after the date of occurrence of the dutiable transaction, the former owner must give the Secretary written notice of the transaction setting out the contact details for the subsequent owner.
(4) The Secretary, on the application of the subsequent owner, must give to the subsequent owner a written notice in the same form as the notice in section 28 subject to subsection (2)(c) of that section being read as if the reference to "the levy event" were a reference to "the dutiable transaction relating to land".
(5) For the purposes of this section, a dutiable transaction relating to land occurs at the time at which the transaction would be taken to have occurred under Chapter 2 of the Duties Act 2000.
(6) In this section—
undischarged part of the land, in relation to a transfer of land, means the part of the land to which the staged payment approval relates in relation to which the liability to pay the levy has not been discharged before the transfer.