46QResponsibilities of municipal councils

46Q Responsibilities of municipal councils S. 46Q(1) substituted by No. 101/2004 s. 8(1), amended by No. 9/2020 s. 390(Sch. 1 item 77.4). (1) A municipal council must, in accordance with the **Local Government Act 2020**, keep proper accounts of any amount of levy paid to it as a collecting agency or a development agency under this Part. S. 46Q(1A) inserted by No. 101/2004 s. 8(1), amended by No. 35/2015 s. 10(1). (1A) A municipal council to which an amount of levy is paid as a collecting agency under this Part must forward to a development agency any part of the levy that is imposed for plan preparation costs incurred by the development agency or for the carrying out of works, services or facilities by or on behalf of that development agency. S. 46Q(2) substituted by No. 101/2004 s. 8(1). (2) Subject to this section, a municipal council to which an amount of levy is paid as a development agency under this Part must apply that amount only— S. 46Q(2)(a) amended by No. 35/2015 s. 10(2). (a) for a purpose relating to plan preparation costs or the provision of works, services and facilities in respect of which the levy was imposed; and (b) in accordance with the approved development contributions plan. S. 46Q(3) amended by No. 101/2004 s. 8(2). (3) A municipal council may refund any amount of levy paid to it as a development agency under this Part in respect of a development if it is satisfied that the development is not to proceed. S. 46Q(4) amended by No. 101/2004 s. 8(3)(b). (4) If— S. 46Q(4)(a) amended by No. 101/2004 s. 8(3)(a), substituted by No. 35/2015 s. 10(3). (a) an amount of levy has been paid to a municipal council as a development agency under this Part for plan preparation costs incurred by the council or for the provision by the council of works, services or facilities in an area; and (b) that amount has not been expended within the period required by the approved development contributions plan— the municipal council must within 6 months after the end of that period— (c) with the consent of the Minister and in the manner approved by the Minister, pay that amount to the current owners of land in the area; or (d) in accordance with Part 3, submit to the Minister an amendment to the approved development contributions plan to provide for the expenditure of that amount; or (e) with the consent of the Minister and in the manner approved by the Minister, expend that amount for the provision of other works, facilities or services in that area. S. 46Q(5) repealed by No. 101/2004 s. 8(4). S. 46QA inserted by No. 101/2004 s. 9. 46QA Responsibilities of collecting agencies (1) In this section ***collecting agency*** does not include a municipal council. (2) A collecting agency must keep proper accounts of any amount of levy paid to it under this Part. S. 46QA(3) amended by No. 35/2015 s. 11. (3) A collecting agency to which an amount of levy is paid under this Part must forward to a development agency any part of the levy that is imposed for plan preparation costs incurred by the development agency or for the carrying out of works, services or facilities by or on behalf of that development agency. (4) A collecting agency to which an amount of levy is paid under this Part must pay any part of that amount that it does not forward to a development agency under subsection (3) into the Consolidated Fund. A collecting agency will pay an amount of levy into the Consolidated Fund under subsection (4) if it is also the development agency in respect of that levy. S. 46QB inserted by No. 101/2004 s. 9. 46QB Responsibilities of development agencies (1) In this section ***development agency*** does not include a municipal council. (2) A development agency to which an amount of levy is paid under this Part must pay that amount into the Consolidated Fund. (3) A development agency must keep proper accounts of any amount of levy paid to it under this Part. S. 46QB(3A) inserted by No. 33/2006 s. 6, amended by No. 11/2017 s. 60. (3A) If the Victorian Planning Authority is a collecting agency under this Part, a development agency to which an amount of levy is paid by the Authority under this Part must, in accordance with any requirements of the Authority— (a) report on the use of the amount in the development agency's annual report; and (b) provide reports on the use of the amount to the Authority. (4) Subject to this section, if a development agency pays an amount of levy into the Consolidated Fund under this Part, the development agency must apply that amount only— S. 46QB(4)(a) amended by No. 35/2015 s. 12(1). (a) for a purpose relating to plan preparation costs or the provision of works, services or facilities in respect of which the levy was imposed; and (b) in accordance with the approved development contributions plan. (5) A development agency may refund any amount of levy paid to it under this Part in respect of a development if it is satisfied that the development is not to proceed. (6) If— S. 46QB(6)(a) substituted by No. 35/2015 s. 12(2). (a) an amount of levy has been paid to a development agency under this Part for plan preparation costs incurred by the development agency or for the provision by the development agency of works, services or facilities in an area; and (b) that amount has not been expended within the period required by the approved development contributions plan— the development agency must within 6 months after the end of that period— (c) with the consent of the Minister and in the manner approved by the Minister, pay that amount to the current owners of land in the area; or (d) in accordance with Part 3, submit to the Minister an amendment to the approved development contributions plan to provide for the expenditure of that amount; or (e) with the consent of the Minister and in the manner approved by the Minister, expend that amount for the provision of other works, facilities or services in that area. (7) The Consolidated Fund is appropriated to the extent necessary for the purposes of subsections (4), (5) and (6). S. 46QC inserted by No. 101/2004 s. 9. 46QC Recovery of levy as debt A collecting agency may recover any amount of levy payable to it under this Part as a debt due to that collecting agency in any court of competent jurisdiction. S. 46QD inserted by No. 35/2015 s. 13. 46QD Reporting requirements of collecting agencies and development agencies (1) A collecting agency or development agency must prepare and give a report to the Minister, at the times required by the Minister, relating to— (a) any amount of levy paid to it as a collecting agency under this Part; and (b) any land, works, services or facilities accepted by it as a collecting agency in part or full satisfaction of an amount of levy payable under this Part; and (c) the use of any amount of levy paid to it as a development agency under this Part; and (d) the use made by it as a development agency of any land, works, services or facilities referred to in paragraph (b). (2) A report required under subsection (1) must be prepared in accordance with any requirements of the Minister. Pt 3C (Heading and ss 46R–46Y) inserted by No. 72/1998 s. 3.