The objective of these Regulations is to prescribe matters required or permitted to be prescribed for the purposes of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020.
2 Authorising provision
These Regulations are made under section 128 of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020.
3 Commencement
These Regulations come into operation on 1 July 2020.
4 Definitions
In these Regulations—
facility has the meaning given by section 7 of the Telecommunications Act 1997 of the Commonwealth;
facility installation permit has the meaning given by clause 2 of Schedule 3 of the Telecommunications Act 1997 of the Commonwealth;
Hume planning scheme means the planning scheme applying to the municipal district of the Hume City Council;
installation has the meaning given by clause 2 of Schedule 3 of the Telecommunications Act 1997 of the Commonwealth;
Melton planning scheme means the planning scheme applying to the municipal district of the Melton City Council;
Mitchell planning scheme means the planning scheme applying to the municipal district of the Mitchell Shire Council;
the Act means the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020;
Whittlesea planning scheme means the planning scheme applying to the municipal district of the Whittlesea City Council;
Wyndham planning scheme means the planning scheme applying to the municipal district of the Wyndham City Council.
5 Prescribed telecommunications infrastructure
(1) For the purposes of section 6(f)(i) of the Act, the prescribed infrastructure is a facility installed under a facility installation permit.
(2) For the purposes of section 6(f)(ii) of the Act, prescribed works are works for the installation of a facility under a facility installation permit.
6 Prescribed transport infrastructure reservations
For the purposes of the definition of transport infrastructure reservation in section 7(2) of the Act, the following reservations are prescribed—
(a) the reservation imposed by clause 45.01 of the Hume planning scheme for the purpose described in the Schedule to that clause as "Outer Metropolitan Ring/E6 Transport Corridor" and shown as "PAO3" on the maps comprising part of that scheme;
(b) the reservation imposed by clause 45.01 of the Melton planning scheme for the purpose described in the Schedule to that clause as "Outer Metropolitan Ring/E6 Transport Corridor" and shown as "PAO3" on the maps comprising part of that scheme;
(c) the reservation imposed by clause 45.01 of the Melton planning scheme for the purpose described in the Schedule to that clause as "Outer Metropolitan Ring/E6 Transport Corridor – Rail Connections" and shown as "PAO6" on the maps comprising part of that scheme;
(d) the reservation imposed by clause 45.01 of the Mitchell planning scheme for the purpose described in the Schedule to that clause as "Outer Metropolitan Ring/E6 Transport Corridor" and shown as "PAO7" on the maps comprising part of that scheme;
(e) the reservation imposed by clause 45.01 of the Mitchell planning scheme for the purpose described in the Schedule to that clause as "Outer Metropolitan Ring/E6 Transport Corridor – Rail Connections" and shown as "PAO8" on the maps comprising part of that scheme;
(f) the reservation imposed by clause 45.01 of the Whittlesea planning scheme for the purpose described in the Schedule to that clause as "Outer Metropolitan Ring/E6 Transport Corridor" and shown as "PAO6" on the maps comprising part of that scheme;
(g) the reservation imposed by clause 45.01 of the Whittlesea planning scheme for the purpose described in the Schedule to that clause as "Outer Metropolitan Ring/E6 Transport Corridor – Rail Connections" and shown as "PAO7" on the maps comprising part of that scheme;
(h) the reservation imposed by clause 45.01 of the Wyndham planning scheme for the purpose described in the Schedule to that clause as "Outer Metropolitan Ring/E6 Transport Corridor" and shown as "PAO5" on the maps comprising part of that scheme;
(i) the reservation imposed by clause 45.01 of the Wyndham planning scheme for the purpose described in the Schedule to that clause as "Outer Metropolitan Ring/E6 Transport Corridor – Rail Connections" and shown as "PAO8" on the maps comprising part of that scheme.
7 The environment mitigation information system
For the purposes of sections 19(4)(b) and 116(h) of the Act, the prescribed standard is that, if a calculation, recording or depiction is made in relation to an area under section 19(1)(c) of the Act, the environment mitigation information system must calculate, record or depict to a standard that is accurate to 0∙001 of a hectare, provided the sources of information available for input into the system support a calculation, recording or depiction to that standard.
8 Applications for staged payment approval—eligible levy events
For the purposes of section 26(1)(b) of the Act, the following levy events are prescribed—
(a) the certification of a plan of subdivision submitted under section 35 of the Subdivision Act 1988 in relation to land wholly or partly within the levy area for which a statement of compliance is not required to be issued before registration of that plan under that Act;
(b) the making of an application for a building permit for the construction of a building on Crown land within the levy area;
(c) the approval of a work plan under section 77G of the Mineral Resources (Sustainable Development) Act 1990 to carry out an extractive industry on Crown land within the levy area;
(d) the approval of a variation of a work plan under section 77HB of the Mineral Resources (Sustainable Development) Act 1990 to carry out an extractive industry on Crown land within the levy area;
(e) the completion of utility infrastructure work on Crown land within the levy area;
(f) the completion of construction of a road, a part of a road or road infrastructure on Crown land within the levy area.
9 Levy assessment notice
For the purposes of section 60(2) of the Act, the following information is prescribed—
(a) the name of the person who has the levy liability;
(b) the basis on which the person has the levy liability;
(c) a description of the event that is the levy event giving rise to the liability;
(d) the date on which the levy event occurred;
(e) a description of the levy land in relation to the levy event;
(f) the land particulars in relation to the relevant levy land or, in the case of a staged payment approval, the land in respect of the stage;
(g) the amount of the levy or, in the case of a staged payment approval, the amount of the levy in respect of the stage;
(h) how the amount of the levy or, in the case of a staged payment approval, the amount of the levy in respect of the stage, was calculated including—
(i) the amount of each component levy amount forming part of the amount; and
(ii) the area of the levy land to which the amount relates; and
(iii) the area of any habitat area or Native vegetation area in relation to which there is an applicable component levy amount; and
(iv) the number of Scattered tree locations within the levy land in relation to which there is an applicable component levy amount; and
(v) the applicable rate per hectare, or per Scattered tree location, for each component levy amount;
(i) the date for payment of the amount of the levy or, if the Secretary has approved a staged payment, the date for payment for the amount of the levy in respect of the stage;
(j) if a person may apply for a staged payment approval under section 26 of the Act, that the person may apply for a staged payment approval before the end of the period of time within which the levy must be paid;
(k) that the liable person has the right to lodge an objection under section 65 of the Act within 90 days after the date of service of the levy assessment notice.
10 Conservation activities
(1) For the purposes of section 90(1)(c) of the Act, the following activities are prescribed—
(a) the acquisition of land for the conservation of a matter of national environmental significance referred to in subregulation (2)(a) to (d);
(b) the management of land for the conservation of a matter of national environmental significance referred to in subregulation (2)(a) to (e);
(c) community education for the conservation of the matter of national environmental significance referred to in subregulation (2)(e);
(d) land or biodiversity conservation programs for the conservation of a matter of national environmental significance referred to in subregulation (2)(a) to (e);
(e) the acquisition of land, the management of land and land or biodiversity conservation programs for the conservation of native vegetation not in conservation areas.
(2) For the purposes of section 90(1)(c) of the Act, the following matters of national environmental significance are prescribed—
(a) Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland Plains;
(b) the Spiny Rice-flower (pimelea spinescens);
(c) the Matted Flax-lily (dianella amoena);
(d) the Golden Sun Moth (synemon plana);
(e) the Southern Brown Bandicoot (isoodon obesulus).
11 Conservation outcomes
For the purposes of section 93 of the Act, the following matters of national environmental significance are prescribed—
(a) Natural Temperate Grassland of the Victorian Volcanic Plain;
(b) Grassy Eucalypt Woodland of the Victorian Volcanic Plain;
(c) Seasonal Herbaceous Wetlands (Freshwater) of the Temperate Lowland Plains;
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Melbourne Strategic Assessment (Environment Mitigation Levy) Regulations 2020, S.R. No. 61/2020 were made on 30 June 2020 by the Governor in Council under section 128 of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020, No. 1/2020 and came into operation on 1 July 2020: regulation 3.
The Melbourne Strategic Assessment (Environment Mitigation Levy) Regulations 2020 will sunset 10 years after the day of making on 30 June 2030 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Melbourne Strategic Assessment (Environment Mitigation Levy) Regulations 2020 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.