Affected land within the contribution area will have a recording placed against the title to the land. This recording remains against the title until the GAIC is paid, restricting changes to title.
To facilitate land development in the contribution area, we issue various notices and certificates relating to the GAIC status of the land.
The contribution area is represented by certain types of land located within the growth areas in the municipalities of Cardinia, Casey, Hume, Melton, Mitchell, Whittlesea and Wyndham. In particular, this is growth area land that has been zoned for urban use and development.
There are four types of land for GAIC purposes. Each type became part of the contribution area and subject to the GAIC at different times. Details of the different types of land, including the relevant zones, are set out in the table below.
Different rates of GAIC apply to the different types of land.
|Type of land||Zoned||Became contribution area land||Subject to GAIC from|
||28 November 2005||2 December 2008|
|B-1||Urban growth zone||30 August 2010||2 December 2008|
|B-2||Urban growth zone||30 August 2010||19 May 2009|
|C||Urban growth zone||From 1 July 2010||Whenever the land becomes part of the contribution area|
Application of GAIC to land types
If the land is in the contribution area after 1 July 2010 and when the GAIC event occurs, the liability to pay the GAIC arises that day.
However, you may have a GAIC liability for an event which took place before 1 July 2010 on land which then becomes contribution area land, as set out below:
|Type of land||Time of event||Date of liability|
|A||Between 2 December 2008 to 30 June 2010 (inclusive)||1 July 2010|
|B-1||Between 2 December 2008 to 29 August 2010 (inclusive)||30 August 2010|
|B-2||Between 19 May 2009 to 29 August 2010 (inclusive)||30 August 2010|
GAIC recordings on land
Once the Victorian Planning Authority (VPA) has identified that land is within the contribution area, it will issue a notice to Land Victoria for a GAIC recording to be placed on title. This recording appears as "NOTICE Section 201UB Planning and Environment Act 1987".
Once this recording has been placed on title, transfers of title and subdivisions cannot be registered without a notice issued by us allowing that GAIC event to occur.
Certificates we issue
If you are buying, selling or developing land within a contribution area, you can apply to us for a GAIC certificate. There is no fee for these certificates.
A GAIC certificate sets out the:
- Potential GAIC liability, if a GAIC event were to occur in respect of the land,
- Amount of GAIC due and unpaid,
- Amount of deferred GAIC including interest,
- Amount of GAIC subject to a staged payment arrangement, including interest, and
- Existence of a work-in-kind agreement and its impact on the GAIC liability
These certificates may be used to form part of a s32 vendor’s statement.
To enable transfers of title, registrations of a subdivisions and building works, we issue the following certificates for land in the contribution area subject to your application. There is no fee but we will only issue these certificates if we accept the facts stated in the lodged GAIC contribution form advising us of a GAIC event:
- Certificate of no GAIC liability
Confirms there is no GAIC liability in respect of an excluded GAIC event or a circumstance where GAIC is not imposed. It facilitates the registration of a land transfer or subdivision of land or issuing of a building permit.
- Certificate of exemption
Confirms a particular event is exempt from the GAIC. It facilitates the registration of a land transfer or subdivision of land or issuing of a building permit.
- Certificate of deferral
Confirms the GAIC liability on the land has been deferred and enables a land transfer to be registered.
- Certificate of staged payment approval
Where the Minister for Planning has given staged payment approval, we will issue this certificate confirming the existence of this arrangement and facilitating the registration of a subdivision or the issue of a building permit.
- Certificate of partial release
Confirms a GAIC liability has been partially paid. It is issued when a liable party has been given a staged payment approval and has paid the GAIC, including interest relating to a stage. This certificate facilitates the removal of a GAIC recording on the part of the land for which the liability has been paid.
This certificate is also issued where a landowner subdivides land solely for a public purpose and the Commissioner is satisfied that the GAIC has been paid on the public purpose land. This will facilitate the registration of the plan of subdivision which creates the public purpose land and the subsequent removal of the GAIC recording on the title of the public purpose land in respect of which the GAIC has been paid. For further information, please see our bulletin about public purpose land subdivisions.
- Certificate of release
We issue this certificate if we are satisfied that the GAIC imposed in respect of the land has been fully paid or otherwise extinguished. This certificate facilitates the removal of a GAIC recording on the land.
Notices we issue
Where applicable, certificates will be accompanied by a notice enabling transfers of title or registration of a subdivision of GAIC affected land when they are provided to the Land Victoria. These are:
- A G2 notice which must be presented for a GAIC recording to be fully or partially removed from the title of the land.
We will issue this notice where a GAIC liability has been fully or partially paid.
- A G3 notice which allows Land Victoria to make a changes to the title, such as the registration of a subdivision or the transfer of title.
We will issue this notice following certain events, such as a GAIC deferral, an excluded or exempt event or staged payment approval.
There is no need to apply separately for these notices. They are issued in conjunction with the relevant certificate for the identified event.
GAIC as a charge on land
We may register a charge over the land for the unpaid GAIC if you have failed to do any of the following:
- Pay deferred GAIC (including roll-over GAIC) and any applicable interest that is not paid by the due date,
- Make a payment under a staged payment arrangement, or
- Address the GAIC as set out under a work-in-kind agreement
Removal of a GAIC recording
Land Use Victoria will remove a GAIC recording when it receives a notice from the VPA advising that:
- The land is no longer in the contribution area,
- An incorrect notification of a GAIC recording has been made on the land, or
- The land is not subject to the GAIC
Land Use Victoria will also remove a GAIC recording when given a G2 notice issued by us. We only issue this notice if:
- We have issued a certificate of partial release or a certificate of release for the land, and
- We are satisfied that a GAIC liability relating to the land has been fully discharged