Victorian Numbered Acts Victorian Numbered Acts(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 —
"(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.".