Regulations 2020 7i - Parliament of Victoria
Transcript of Regulations 2020 7i - Parliament of Victoria
Water (Notice of Disposition of Land) Regulations 2020
S.R.No. 7i TABLE OF PROVISIONS
Regulation
I Objective 2 Authorising provision 3 Commencement 4 Revocation 5 Definitions 6 Notice of disposition of land 7 Expiry
Schedule 1
Endnotes
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STATUTORY RULES 2020
S.R. No.7i Water Act 1989
Water (Notice of Disposition of Land) Regulations 2020
The Governor in Council makes the following Regulations:
Dated: 2 1 JUL 2020 Responsible Minister:
LISA NEVILLE Minister for Water
1 Objective
c.clM-s~ Clerk of the Executive Council
The objective of these Regulations is to provide for notice of disposition of land.
2 Authorising provision
These Regulations are made under section 324 of the Water Act 1989.
3 Commencement
These Regulations come into operation on 22 July 2020.
4 Revocation
The Water (Notice of Disposition of Land) Regulations 20101 are revoked .
5 Definitions
In these Regulations-
the Act means the Water Act 1989.
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Water (Notice of Disposition of Land) Regulations 2020 S.R.No.
6 Notice of disposition of land
( J) For the purposes of section l 59 of the Act, a prescribed person who must give notice under that section in relation to the disposition. of land is a person who disposes of any land in respect of which a fee ha · been imposed under section 259 of the Act by an Authority,
(2) For the purposes of section l 59(a) of the Act, the prescribed form of a notice under section 159 of the Act is Form I in Schedule l and the prescribed particulars are those set out in Form I.
(3) For the purposes of section 159(b) of the Act, the prescribed person for receipt of a notice under section J 59 of the Act is the Managing Director or Chief Executive Officer, as the case may be, of the Authority that imposed the fee under section 259 of the Act in relation to the land disposed of.
(4) For the purposes of section 159(c) of the Act, the prescribed period for giving a notice under section 159 of the Act is one month after the disposal of the land.
7 Expiry
These Regulations expire on 3 August 2021 .
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Schedule l
Schedule 1
FORM 1
Regulation 6(2)
NOTICE OF DISPOSITION OF LAND
PERSONAL DETAILS OJ<' VENDOR/fRANSFEROR
1. full name of vendor/transferor and if applicable, name of trustee and trust and ACN or ABN:
2. Address of vendor/transferor at time of transfer:
3. Address for future correspondence for vendor/transferor:
4. Email and telephone number of vendor/transferor:
PERSONAL DETAILS OF PURCHASER/fRANSFEREE
5. Full name of purchaser/transferee and if applicable, name of trustee and trust and ACN or ABN:
6. Known address of purchaser/transferee at the time of the transfer:
7. Address for future correspondence for purchaser/transferee:
8. Email and telephone number of purchaser/transferee:
DETAILS OF THE LAND
9. Flat or unit number, street number, name of street or road, suburb, town or district, postcode:
I 0. Lot number and plan number:
l 1. Crown allotment number:
12. Section or portion, parish:
13 . Area of the land :
14. Description of land--property code: [insert relevant code number in the Table at the end of this Form to describe the use of the land)
NOTE: Jfthe land falls within more than one description in tho Table please euter the code numbers that describe the uses of the land.
TRANSFER DETAILS
15. Date of contract (if applicable) :
16. Date of possession or transfer of the land, whichever is the earlier date:
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Schedule 1
CONTACT DETAJLS AND CERTIFICATION
17. Name, email and telephone number of vendor's/transferor's Australian legal practitioner or agent (if any}:
18. Name, email and telephone number of purchaser's/transferee's Australian legal practitioner or agent (if any):
19. I, being the vendor/transferor of the land that is the subject of this Notice, certify that the particulars contained in this Notice are true and correct to the best of my knowledge.
• Signature of vendor/transferor:
*Signature of Australian legal practitioner or agent acting on behalf of the vendor/transferor:
Date:
•Delete if inapplicable
Table-Property code numbers for description of land
Re ldentJal vacant 1110d
100 Vacant land
101 Development land
102 Subdivisional land
I 03 Rur.il lifestyle land
Residential
110 Dwelling
112 Row house/terrace
117 Rural lifestyle dwelling
120 Unit freestanding
125 flat Multi-storey
126 Car park
140 Retirement unit
141 Retirement complex
142 Aged Care complex
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Schedule l
Commercial
200 Vacant land
210 Single retail
211 Multi. retail
212 Mixed use retail
213 Shopping centre
214 National retail
215 Service station
216 Multi-service station
220 Office premises
230 Hotel/motel
234 Caravan park
240 Licensed premises/restaurant
250 Entertainment complex
251 Cinema complex
270 Health surgery
271 Health clinic
275 Veterinary clinic
280 Ground parking
281 Multi-level parking
284 Car yard
Industrial
300 Vacant Land
310 Factory
311 Processing factory
320 General warehouse
321 Open storage
325 Coolstore/coldstore
331 Abattoirs
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Schedule I
Extractive industries
410 Sand
411 Gravel/stone
412 Manufacturing materials
413 Soil
Primary production
500 Native bushland
510 Cropping
520 Domestic Grazing
521 Non-native animals
522 Native W1im<1ls
523 Sheep
524 Deef cattle
525 Dairy cattle
540 Cattle feed lot
541 Poultry
544 Horse stud/stables
545 Piggery
546 Kennel/cattery
550 Market garden
551 Orchard/groves
561 Vineyard
562 Plant/nursery
Infrastructure
600 Vacant land
610 Gas/fuel wells
620 Power station
Community Services
710
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720
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Public hospital
Private hospital
Kindergarten
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Schedule I
721 Government school
722 School camps
723 Private school
725 University
726 TAFE
740 Place of worship
750 Hall
Sport
800 Vacant land
820 Indoor sports
821 Outdoor sport
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Endnotes
Endnotes 1 Reg. 4: S.R. No. 7212010.
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Hon Lisa Neville MP
Min ister for Police ond Emergency Services
Minister for Water
WATER ACT 1989
8 Nicholson Street East Melbourne, Victoria 3002 Telephone: 03 9637 9654 DX210098
Water (Notice of Disposition of Land) Regulations 2020
RECOMMENDATION
It is recommended to the Governor in Council that, under section 324 of the Water Act 1989, the Water (Notice of Disposition of Land) Regulations 2020 be made.
Advice from the Chief Parliamentary Counsel is submitted as required by section 13 of the Subordinate Legislation Act 1994.
A regulatory impact statement in respect of these Regulations has not been prepared . As the Minister responsible for the administration of the Water Act 1989, I have issued an exemption certificate under section 8 of the Subordinate Legislation Act 1994 and it is attached.
Under my hand, the following, additional, certificates are attached :
• A consultation certificate under section 6 of the Subordinate Legislation Act 1994;
• A human rights certificate under section 12A of the Subordinate Legislation Act
1994.
Dated: 13/07/2020
The Hon Lisa Neville MP
Minister for Water
APPRO'irl!~J BY THE GOVERN OR IN COUNCIL
c.cl1~ CLERK OF THE EXECUTIVE COUNCIL
Hon Lisa Neville MP
Minister for Police and Emergency Services
Minister for Water
8 Nicholson Street East Melbourne, Victoria 3002 Telephone: 03 9637 9654 DX210098
Subordinate Legislation Act 1994
CONSULTATION CERTIFICATE
(Section 6)
Water (Notice of Disposition of Land) Regulations 2020
I, Lisa Neville, Minister for Water, and Minister responsible for administering the Water Act
1989, certify that in accordance with the guidelines made under the Subordinate Legislation Act 1994 there has been consultation with:
(a) every other Minister whose area of responsibility may be affected by the proposed Water (Notice of Disposition of Land) Regulations 2020 and there is no overlap or conflict with any other existing or proposed statutory rule, legislation or stated government policy; and
(b) Australian Institute of Conveyancers - Victorian Division, being a sector of the public on which a significant economic or social burden may be imposed by the proposed Water (Notice of Disposition of Land) Regulations 2020, so that the need for, and the scope of, the proposed Water (Notice of Disposition of Land) Regulations 2020 has been considered.
Dated: 13/07/2020
The Hon Lisa Neville MP
Minister for Water
NOTED BY THE GOVERNOR IN COUNCIL
2 1 _JUL 2020
CLERK OF THE EXECUTIVE COUNCIL
Hon Lisa Neville MP
Minister for Police ond Emergency Services
Minister for Water
8 Nicholson Street East Melbourne, Victoria 3002 Telephone: 03 9637 9654 DX210098
Subordinate Legislation Act 1994
EXEMPTION CERTIFICATE
{Section 8)
Water (Notice of Disposition of Land) Regulations 2020
I, Lisa Neville, Minister for Water, and Minister responsible for administering the Water Act 1989, certify under section 8{1){a) of the Subordinate Legislation Act 1994 that in my opinion, the proposed Regulations do not impose a significant economic or social burden on a sector of the public.
The reasons for forming this opinion are that the proposed statutory rule ensure that water corporations are able to obtain information in relation to the disposition of land as provided for under the Act. When a property is sold or transferred, any outstanding charges are incurred by the purchaser. Therefore, it is important for water corporations to be informed about a sale of a property that is subject to water charges, and the details of the purchaser.
I am advised that water corporations receive around 121,000 notices of disposition each year. In practice, these notices are provided by conveyancers when completing other required forms in order to complete the transfer of property and that the costs of staff time to enter data and submit notices and other documents at the conclusions of a conveyance is around $150 on average per transaction. Of this, it is understood that around $10 per transaction could be considered as being additional costs attributable to the need to provide a notice of disposition. With around 121,000 notices of disposition provided each year, this would be a total incremental cost of $1.2 million per year. Therefore, the proposed regulations will not impose a significant economic nor social burden on sectors of the public and will ensure that water corporations are able to levy water charges on the proper owners of land.
Accordingly, a Regulatory Impact Statement is not required for these Regulations.
Dated: 13/07/2020
The Hon Lisa Neville MP
Minister for Water
NOTED BY THE GOVERNOR IN COUNCIL
2 1 .JUL 2020 CU!R,K OF THE EXECUTIVE COUNCIL
Hon Lisa Neville MP
Minister for Police ond Emergency Services
Minister for Water
Subordinate Legislation Act 1994
HUMAN RIGHTS CERTIFICATE
{Section 12A)
8 Nicholson Street East Melbourne, Victorio 3002 Telephone: 03 9637 9654 DX210098
Water (Notice of Disposition of Land) Regulations 2020
I, Lisa Neville, Minister for Water and Minister responsible for administering the Water Act
1989 certify that, in my opinion:
the proposed Water (Notice of Disposition of Land) Regulations 2020 do not limit any human right set out in the Charter of Human Rights and Responsibilities Act 2006.
Dated: 13/07/2020
The Hon Lisa Neville MP
Minister for Water
NOTED BY THE GOVERNOR IN COUNCIL
2 1 JUL 2020
CLERI< OF THE EXECUTIVE COUNCIL
PARLIAMENTARY COUNSEL VICTORIA
Your Reference: Marc Ross
Our Reference: 20-088:EAM (JA)
Parliamentary Counsel's Chambers Level 2, 1 Macarthur Street, Melbourne, VIC 3002
DX210753 Tel: (03) 9651 2103 Fax: (03) 9651 2107
Website: www.legis/ation.vie.gov.au
SUBORDINATE LEGISLATION ACT 1994 SECTION 13 CERTIFICATE
Proposed statutory rule : Water (Notice of Disposition of Land) Regulations 2020
Authorising Act : Water Act 1989
Date of print of proposed statutory rule : 10 July 2020
A proposed statutory rule that is to be made by, or with the consent or approval 1,f, the Governor in Council must be submitted to tlie Chief Parliamentary Counsel for the issue of a certificate by the Chief Parliamentary Counsel t,pecifying whether the proposed statutory rule -
NOTED BY THE GOVERNOR IN COUNCIL
2 1 JUL 2020
CLERK OF THE [XECUTIVE COUNCIL --(a) appears to be within the powers (a) so appears;
conferred by the authorising Act;
(b) appears without clear and express (b) authority being conferred by the authorising Act-
(i) to have a retrospective effect; or (i) if made on or before 22 July 2020, does not so appear;
(ii) to impose a tax, Jee, fine, (ii) does not so appear; imprisonment or other penalty; or
(iii) to shift the legal burden of proof to a (iii) does not so appear; person accused ofan offence; or
(iv) to sub-delegate powers delegated by (iv) does not so appear; the authorising Act;
(c) appears to be consistent with the general (c) so appears; objectives of the authorising Act;
(d)
(e)
appears to he consistent with ,md to achieve the objectives set out in the prtJposed statutory rule and, if the proposed statutory rule iv to amend rm existing statutory rule, appears to be consistent with the objectives set out in the existing statutory rule;
appears to be inc<Jnsistent with pri,rciples of justice and fairness;
( d) so appears;
(e) does not so appear;
(j) appears signijicant(v or sub tantially to (f) does not so appear; overlap or conflict with any other tatutory rule or legislation;
(g) is expre:,·sed unambiguously possible.
as clearly and as is reasonably
(g) is so expressed.
NOTED BY THE GOVERNOR IN COUNCIL
2 1 JUL 2020
CLERK OF THE EXECUTIVE COUNCIL
~~ MARINA FARNAN
Chief Parliamentary Counsel
Date: 10 July 2020
This certfficate relates to the circumstances as at the date of the certificate.