City of Melbourne Amendment (Environmental Upgrade Agreements) Act 2012

City of Melbourne Amendment (Environmental Upgrade Agreements) Act 2012

No. 11 of 2012

table of provisions

SectionPage

ClausePage

1Purpose

2Commencement

3Definition

4Conditions to be met before Council may enter into environmental upgrade agreement

5Application of certain provisions of the Local Government Act1989

6Repeal of amending Act

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Endnotes

ClausePage

Victoria

ClausePage

City of Melbourne Amendment (Environmental Upgrade Agreements) Act 2012[†]

No. 11 of 2012

[Assented to 20 March 2012]

City of Melbourne Amendment (Environmental Upgrade Agreements) Act 2012
No. 11 of 2012

The Parliament of Victoriaenacts:

City of Melbourne Amendment (Environmental Upgrade Agreements) Act 2012
No. 11 of 2012

1Purpose

The purpose of this Act is to amend the City of Melbourne Act 2001 to further provide for environmental upgrade agreements and to make other miscellaneous amendments.

2Commencement

(1)Section 1, this section and section 5 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 1 July 2012, it comes into operation on that day.

3Definition

s. 3

See:
Act No.
5/2001.
Reprint No. 1
as at
1 July 2007
and amending
Act Nos
35/2008, 67/2008, 64/2009, 58/2010, 65/2010, 29/2011, 44/2011 and 74/2011.
LawToday:
www.
legislation.
vic.gov.au

Insert the following definition in section 27L of the City of Melbourne Act 2001—

"capital improved value has the same meaning as it has in section 2(1) of the Valuation of Land Act 1960;".

4Conditions to be met before Council may enter into environmental upgrade agreement

(1)For section 27N(1)(a) of the City of Melbourne Act 2001 substitute—

"(a)the Council receives a statutory declaration from the owner of the rateable land, at least 28 days before the agreement is entered into,in accordance with subsection (4);".

(2)In section 27N(1) of the City of Melbourne Act 2001—

(a)in paragraph (c), for "statement." substitute "statement;";

(b)after paragraph (c) insert—

"(d)the total amount of taxes, rates, charges and mortgages owing on the rateable land and specified in a notice from the owner under subsection (3) when added to the total value of the environmental upgrade charges as set out in the proposed agreement is an amount that does not exceed the capital improved value of the land prior to any works that would be undertaken as part of the agreement.".

(3)For section 27N(3) of the City of Melbourne Act 2001 substitute—

s. 4

"(3)The owner who intends to be a primary party to the environmental upgrade agreement is further required to give the Council notice of the following details (in writing) in respect of the rateable land (the rateable land) to which the agreement will apply—

(a)details of all registered and unregistered mortgages over the rateable land including—

(i) the total amount owing in respect of each mortgage; or

(ii)if a relevant mortgage is held against 2 or more properties including the rateable land, the proportion of the debt secured by the mortgage that applies to the rateable land calculated in accordance with subsection (5);

(b)details of all taxes, rates and charges owing on the rateable land (including the total amount owing in respect of each tax, rate or charge) imposed by or under an Act.

(4)The details given by an owner to the Council under subsection (3) must be accompanied by a statutory declaration signed by, or on behalf of, the owner stating—

(a)that the owner has complied with subsection (2); and

(b)that the details given to the Council under subsection (3) are accurate and complete.

(5)For the purposes of subsection (3)(a)(ii), the proportion of the debt secured by the mortgage that applies to the rateable land must be calculated by distributing the debt between all the properties against which the mortgage is held in proportion to the relative capital improved values of the properties.

(6)In this section—

existing mortgagee, in respect of rateable land to which an environmental upgrade agreement will apply, means any holder of a mortgage for that land, whether registered or unregistered.".

5Application of certain provisions of the Local Government Act 1989

s. 5

In section 5(1) of the City of Melbourne Act 2001, for "74B, 74C and 220Q(i), (j), (k), (l), (m) and (n)" substitute "74B and 74C".

6Repeal of amending Act

s. 6

This Act is repealed on 1 July 2013.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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City of Melbourne Amendment (Environmental Upgrade Agreements) Act 2012
No. 11 of 2012

Endnotes

[†] Minister's second reading speech—

Legislative Assembly: 8 February 2012

Legislative Council: 1 March 2012

The long title for the Bill for this Act was "A Bill for an Act to amend the City of Melbourne Act 2001 to further provide for environmental upgrade agreements and to make other miscellaneous amendments and for other purposes."