LAND LEGISLATION AMENDMENT BILL 2017 Second reading

Second reading

Mr J. BULL (Sunbury) — It is wonderful to have the opportunity to speak on the Land Legislation Amendment Bill 2017. This is a bill that improves the processes and information provided by our land administrators under the Transfer of Land Act 1958, the Subdivision Act 1988 and the Valuation of Land Act 1960. The bill is essentially about reducing the regulatory burdens and improving efficiencies for land and plan transactions whilst also improving public access to valuation data. Importantly, as we have heard this evening, this bill addresses the outdated requirements and language used in these acts, making information more accessible and easier to understand for the public. This, in many respects, can be quite a complex area for many to navigate. The aim of this bill is to provide a land administration system in which conveyancers, lawyers, landowners, mortgagees, councils and the general public are provided with practical process improvements and access to better land transaction information.

Matters involving homes and land, and dealings with conveyancers, lawyers, owners and of course local councils, can be difficult for people to find their way through. We know that often individuals and families can run into trouble if they are given poor advice or are not properly supported through this process. That can create all sorts of confusion and often leave people feeling quite isolated in the whole affair.

We know that Victoria is in a period of unprecedented growth. As a state government, we are all about improving integrated land use planning. If we look at the predicted growth from where we are now in Melbourne with 4.6 million people to approximately 8 million people by 2051, we see that as a significant amount of growth. We are the fastest growing state in the nation. Australian Bureau of Statistics data shows that Australia’s population grew by 1.4 per cent during the year ended 30 June 2016. All states and territories recorded positive population growth in that year. However, it was Victoria that recorded the highest growth rate of all states and territories at 2.1 per cent.

Given that growth, I am incredibly pleased to be part of an Andrews Labor government that is investing heavily in infrastructure — getting rid of those 50 level crossings, the most dangerous and congested level crossings; building Australia’s most important public transport project, Melbourne Metro, with two 9‑kilometre tunnels and five new stations; the West Gate Tunnel; and widening the Tullamarine and Monash freeways — all the while creating thousands of jobs. As a government, these projects will ensure that our future population can enjoy the way of life that we value and appreciate so much.

But with this growth comes an even greater need to have better laws that improve efficiencies for land and plan transactions and enable them to be done with greater certainty and efficiency. The key measures in this bill — and a number of speakers this evening have spoken about a number of functions, mechanisms and measures in this bill — are that it clarifies various aspects of the Transfer of Land Act, Subdivision Act and Valuation of Land Act to make information easier to understand and more accessible. It modifies provisions that are inconsistent with the national electronic conveyancing system, which is already in place. It facilitates the conversion of approximately 10 000 remnant parcels of general law land into the Transfer of Land Act title system. It will also enforce and ensure better processes for registering subdivisions and enable provision of statewide land valuation information to the public, in line with government policy on information accessibility. It does not affect councils’ ability to sell their own valuation information.

This bill is about simplifying the requirements for registering changes in ownership due to the vesting of land by court orders or legislation. These matters, as I mentioned before, can be incredibly complex for individuals to navigate. This is one of those bills that modernises the processes around land and land use management.

The bill also simplifies the requirements for registering changes in ownership where proof of purchase payment cannot be provided. It allows for the removal of mortgages where proof of repayment cannot be provided. This often arises when someone passes away or their next of kin is unable to find proof of receipts or mortgage repayments. Importantly it clarifies where the Victorian Civil and Administrative Tribunal has jurisdiction in making an order, and such an order can be used under the Transfer of Land Act.

The bill permits an extension of the priority notice for an additional 30 days. Priority notices are generally used by potential purchasers during settlement periods to protect their interest on the title. Currently the notice duration is 60 days. The proposed 30‑day extension aligns notices with longer 90‑day settlement periods.

In terms of how this bill was drafted and the proposals looked at, Court Services Victoria and VCAT were consulted at length about the change to section 89A of the Transfer of Land Act. The change clarifies that if VCAT has jurisdiction and makes an order, that order can be used to support an application to the Registrar of Titles. The State Revenue Office was consulted in relation to section 22 of the Subdivision Act about satisfying the requirements regarding the growth areas infrastructure contribution (GAIC). GAIC is a very important fund. Certainly in my area of Sunbury it is an incredibly important fund that will ensure that services, infrastructure and the like are provided to the community to cater for the significant amount of growth that has happened over recent times but will happen more over the next five, 10, 15 or 20 years.

There are effectively two precinct structure plans that are in place for my community, which are going to see an additional 20 000 dwellings built in the Sunbury area. These dwellings will obviously place a great number of additional residents in the area, but will also create somewhere in the vicinity of 6000 jobs. We will need new schools, new roads, new infrastructure and new services, and these are all critically important in ensuring that our growth is sustainable and managed in a way that is effective and reliable and supports the community.

In conclusion, the Land Legislation Amendment Bill 2017 improves the efficiency of transacting any interests in land. The bill facilitates bringing more land under the Transfer of Land Act 1958 and offers the benefits and the safeguards of a system of title whereby registration to more members of the community is enabled. Importantly the bill improves the process for registration of plans for subdivisions under the Subdivision Act 1988, and obviously subdivisions create a high level of community interest and are heavily discussed at a number of levels, particularly at the municipal level. I am sure they are of great interest to many.

The bill will also facilitate an easier and more consistent method of making evaluation information available by amending the Valuation of Land Act 1960. This is a bill that we know will clear up much of the confusion and some of the inconsistencies and difficulties around the processes of land transfer and management, and it is a particularly important bill when it comes to the processes and practices of conveyancers, lawyers, landowners and councils, as I have mentioned. I can see the member for Burwood eagerly waiting to make a contribution on this bill, and he may just squeeze it in before the adjournment debate. I am very pleased to speak on the Land Legislation Amendment Bill 2017, and I happily commend it to the house.