You only need to pay a levy when development is within the MSA levy area boundary. If you are developing land in the legacy 12 precincts, you can meet your obligations either through biodiversity offset fees administered by the MSA program or in accordance with the relevant Native Vegetation Precinct Plan.
Growling grass frog habitat wetland. Image credit: Nick Lauer
When do I need to pay the levy?
Who needs to pay?
Landowner.
When does the levy need to be paid?
When you receive a Statement of Compliance for a plan of subdivision.
What is the process?
Email the MSA team to confirm you have received a Statement of Compliance.
We will email you a levy assessment notice.
The levy must be paid within three months of receiving the Statement of Compliance.
Once paid, we will email you a certificate to confirm payment and remove the s45 Notice from the land title in SPEAR. Then, you can lodge your plan of subdivision with Land Use Victoria.
Please note, you can make staged payments - please see the information below.
on private land, the responsible person is the building surveyor
on Crown land, the responsible person is the person managing the building work.
We will email you a levy assessment notice.
The levy must be paid within 6 months after the building permit application date.
Once paid, we will email you a certificate to confirm payment. For private land, we work with Land Use Victoria to remove the s45 Notice from the land title.
Show your certificate to the building surveyor to demonstrate payment has been made. A building surveyor can’t issue a building permit unless this certificate is provided.
Please note, you can make staged payments - please see the information below.
The MSA team will email a levy assessment notice to:
the landowner, if on privately owned land
the approval holder, if on Crown land.
The levy must be paid within:
3 months after approval is given, if on privately owned land
6 months after approval is given, if on Crown land.
Once the levy liability has been paid, we will email you a certificate to confirm payment. For private land, we work with Land Use Victoria to remove the s45 Notice from the land title.
Please note: You can make staged payments - please see the information below.
Who needs to pay?
Acquiring authority (such as the local council, Vic Roads or Melbourne Water).
When does the levy need to be paid?
When a certified plan of subdivision is sent to us under section 35 of the Subdivision Act 1988.
What is the process?
Please email the MSA team to advise us that your subdivision plan has been certified, including a shapefile of the acquired area.
We will email you a levy assessment notice.
The levy must be paid within 3 months after the subdivision plan is certified.
Once paid, we will email you a certificate and remove the s45 Notice from the land title in SPEAR.
Please note: You can make staged payments - please see the information below.
The levy must be paid within 6 months of completing construction.
Once paid, we will email you a certificate to confirm the levy payment.
Please note: You can make staged payments - please see the information below.
Staged payment approval
How do I apply for a staged payment approval?
To apply for a staged payment approval:
Email our team with your staged payment approval application form.
We will notify you by email if your application is approved. Applications will be reviewed and approved when a levy event occurs.
Once approved, we will send you a levy assessment notice.
Please note that staging areas do not directly attract fees. Staging areas are used to proportion the payment of the remaining levy into “payment stages”. This happens until the entire levy is paid.
I have an existing staged obligations agreement (before 2020), do I need to do anything?
If you have a staged obligations agreement under the habitat compensation scheme made before 1 July 2020, it has been converted into a staged payment approval under Section 131 of the MSA Act.
Matted flax-lily
What are the levy prices?
Levy prices from 1 July 2023 to 30 June 2024 and 1 July 2024 to 30 June 2025 are shown below. To work out your payment, visit MSA Levy Estimator.
For the approved staged payment of levies, failure to pay for a stage by the due date can have serious consequences. If payment is not made, then the whole of the levy will become payable on the day after the payment was due (see sections 27(3)(f) and 34 of the Act.) Please make any application to vary your due date well ahead of time.
Update: Exemption Policy for Habitat Compensation Fees
The Policy for Exempting Habitat Compensation Fees for Retained Native Vegetation (previously referenced in the Guidance note: Implementing theBiodiversity Conservation Strategy for Melbourne’s Growth Corridors working document, 2015) no longer applies. For more information on the discontinuation of this policy or for a copy of Frequently Asked Questions, please email: msa.planning@deeca.vic.gov.au.
Can I make an objection?
If you’re not satisfied with a levy assessment, you can lodge an objection with the Secretary to DEECA (see Division 2 of the MSA Act). Please email your objection to the MSA, stating fully and in detail the grounds for the objection. If you are not satisfied with the Secretary's response, you can apply to VCAT.
MSA levy review
Every 5 years, the MSA levy amounts must be reviewed, as outlined in the MSA Act. The aim is to make sure that collected funds are enough to cover the costs of conservation work, without imposing unnecessary charges on developers.
