Building and Planning Legislation Amendment Act 2023 (Vic)
Building and Planning Legislation Amendment Act 2023
No. 1 of 2023
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of the Building Act 1993
Division 1—Amendments to the Building Act 1993 relating to automatic mutual recognition
3Definitions
4New section 170AB inserted
5Section 172 substituted
6The Register of Building Practitioners
7Registered building practitioner or endorsed building engineer to produce certificate of registration for inspection
8Register of Building Employees
9Definitions applying to Part 12A
10Application for licensing or registration as a plumber
11Application for renewal of licence or registration as a plumber
12Licensed plumber to produce licence for inspection
13Register of Plumbers
14Authorised person's identification
Division 2—Other amendments to the Building Act 1993
15New section 175AB inserted
16Period of suspension
17New sections 187NA and 187NB inserted
18Restricted licences
19Suspension of licence if insurance ceases
20New sections 221ZZZR and 221ZZZS inserted
21New section 221ZZZTA inserted
Part 3—Amendment of other Acts
Division 1—Amendment of the Architects Act 1991 in relation to automatic mutual recognition
22Definitions
23New section 9A inserted
Division 2—Other amendments to the Architects Act 1991
24New section 11A inserted
25New section 13A inserted
26New section 14A inserted
27Proof of required insurance
28The Register
29New sections 16A, 16B and 16C inserted
30Section 17 substituted
31Regulations
Division 3—Amendment of the Surveying Act 2004 in relation to automatic mutual recognition
32Definitions
33Identity card
34Power of entry for cadastral surveys
Part 4—Amendment of the Planning and Environment Act 1987
Division 1—Green wedge management plans
35Definition—green wedge management plan
36New Division 2 inserted in Part 3AA
Division 2—Amendments in relation to distinctive areas and landscapes
37Endorsement of Statement of Planning Policy
38New section 46AXA inserted
Division 3—Transitional provisions
39New section 228 inserted
Part 5—Repeal of this Act
40Repeal of this Act
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Endnotes
1 General information
Building and Planning Legislation Amendment Act 2023
No. 1 of 2023
[Assented to 28 February 2023]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Building Act 1993—
(i)in relation to the automatic mutual recognition of building practitioners, building employees and plumbers who are registered or licensed in other jurisdictions; and
(ii)to make miscellaneous amendments; and
(b)to amend the Architects Act 1991—
(i)in relation to the automatic mutual recognition of architects who are registered or licensed in other jurisdictions; and
(ii)to make miscellaneous amendments; and
(c)to amend the Surveying Act 2004 in relation to the automatic mutual recognition of surveyors who are registered or licensed in other jurisdictions; and
(d)to amend the Planning and Environment Act 1987 in relation to the protection of metropolitan green wedges and distinctive area landscapes.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
Part 2—Amendment of the Building Act 1993
Division 1—Amendments to the Building Act 1993 relating to automatic mutual recognition
3Definitions
(1)In section 3(1) of the Building Act 1993 insert the following definitions—
"automatic deemed registration has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
home State has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
home State registration has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
local registration authority has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
second State has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
second State occupation has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;".
(2)In section 3(1) of the Building Act 1993, at the foot of the definition of licensed building employee insert—
"Note
Section 42H(1) of the Mutual Recognition Act 1992 of the Commonwealth provides that a reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by that occupation. Section 42H(2)(a) of that Act provides that a person who has automatic deemed registration in a State is taken to have had the registration conferred by the operation of the law of the State.".
(3)In section 3(1) of the Building Act 1993, at the foot of the definition of registered building practitioner insert—
"Note
Section 42H(1) of the Mutual Recognition Act 1992 of the Commonwealth provides that a reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by that occupation. Section 42H(2)(a) of that Act provides that a person who has automatic deemed registration in a State is taken to have had the registration conferred by the operation of the law of the State.".
4New section 170AB inserted
After section 170A of the Building Act 1993 insert—
"170AB Proof of insurance for persons intending to rely on automatic deemed registration
(1)This section applies to a person who intends to carry out an activity that may be carried out under a registration under this Part in reliance on an automatic deemed registration that is the subject of a determination under section 42J(4) of the Mutual Recognition Act 1992 of the Commonwealth.
(2)The person must ensure that the notification given to the Authority under section 42J(1) of the Mutual Recognition Act 1992 of the Commonwealth is accompanied by written proof that, until the first anniversary of the commencement of the person's automatic deemed registration, the person will be covered or is eligible to be covered (as applicable), by any required insurance for the registration under this Part.
(3)The person must ensure that the written proof is accompanied by the appropriate fee for the examination of the written proof by the Authority—
(a)determined in accordance with the guidelines under Division 1 of Part 12; or
(b)prescribed by the regulations.".
5Section 172 substituted
For section 172 of the Building Act 1993 substitute—
"172 Annual fee, proof of insurance and training plan report
(1)A registered building practitioner must, on or before each anniversary of the practitioner's registration, pay to the Victorian Building Authority Fund the appropriate annual fee—
(a)determined in accordance with the guidelines under Division 1 of Part 12; or
(b)prescribed by the regulations.
(2)If, under Part 9, a registered building practitioner, other than a person referred to in subsection (3), is required to be covered by insurance, the practitioner must on or before each anniversary of the practitioner's registration give written proof to the Authority that—
(a)until the next anniversary of the registration or, subject to any conditions the Authority imposes, any lesser period approved by the Authority, the practitioner will be covered by the required insurance; or
(b)to the extent that the practitioner is a builder engaged in domestic building work with a cost that is more than the prescribed amount, the practitioner is eligible to be covered by the required insurance.
(3)A person who has automatic deemed registration to carry out an activity that may be carried out under a registration under this Part must, on or before each anniversary after the commencement of the person's automatic deemed registration, give to the Authority written proof that, until the next anniversary of the commencement of that automatic deemed registration, the person will be covered or is eligible to be covered (as applicable), by any required insurance for that registration under this Part.
(4)If a person is required under this section to provide written proof to the Authority in relation to required insurance, the person must ensure that the written proof is accompanied by the appropriate fee for examination of the written proof by the Authority—
(a)determined in accordance with the guidelines under Division 1 of Part 12; or
(b)prescribed by the regulations.
(5)A provisionally registered builder subcontractor must, on each anniversary of the builder subcontractor's registration, report to the Authority on the builder subcontractor's progress in complying with a training plan (if applicable), the compliance with which is a condition of the registration under section 171H(1B).
(6)In this section—
prescribed amount means—
(a)the amount prescribed by the regulations (if any); or
(b)if an amount is not prescribed, $16 000.".
6The Register of Building Practitioners
(1)In section 175(2)(b) of the Building Act 1993, for "registered under this Part." substitute "who applied for, and were granted, registration under this Part; and".
(2)After section 175(2)(b) of the Building Act 1993 insert—
"(c)if a person has automatic deemed registration to carry out any activities that may be carried out under a registration under this Part, include the name of that person and those activities.".
(3)In section 175(3)(b) of the Building Act 1993, after "person" insert "by the Authority or imposed on a person referred to in subsection (2)(c) by the local registration authority in that person's home State".
7Registered building practitioner or endorsed building engineer to produce certificate of registration for inspection
For section 176A(2) of the Building Act 1993 substitute—
"(2)In this section—
certificate of registration includes—
(a)a certificate of registration issued to an endorsed building engineer under the Professional Engineers Registration Act 2019; and
(b)in the case of a person who has automatic deemed registration as a building practitioner, evidence of the person's home State registration.".
8Register of Building Employees
For section 187N(2)(b) of the Building Act 1993 substitute—
"(b)include the names and classes of licence of persons who applied for, and were granted, a licence under this Part; and
(c)if a person has automatic deemed registration to carry out any activities that may be carried out under a licence under this Part, include the name of that person and those activities; and
(d)include any disciplinary action imposed on a person licenced under this Part or, in the case of a person referred to in paragraph (c), imposed by the local registration authority in that person's home State.".
9Definitions applying to Part 12A
(1)In section 221B(1) of the Building Act 1993, at the foot of the definition of licensed plumber insert—
"Note
Section 42H(1) of the Mutual Recognition Act 1992 of the Commonwealth provides that a reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by that occupation. Section 42H(2)(a) of that Act provides that a person who has automatic deemed registration in a State is taken to have had the registration conferred by the operation of the law of the State.".
(2)In section 221B(1) of the Building Act 1993, at the foot of the definition of registered plumber insert—
"Note
Section 42H(1) of the Mutual Recognition Act 1992 of the Commonwealth provides that a reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by that occupation. Section 42H(2)(a) of that Act provides that a person who has automatic deemed registration in a State is taken to have had the registration conferred by the operation of the law of the State.".
10Application for licensing or registration as a plumber
After section 221T(5) of the Building Act 1993 insert—
"(6)If a person intends to carry out an activity that may be carried out under a licence under this Part in reliance on automatic deemed registration and that registration is the subject of a determination under section 42J(4) of the Mutual Recognition Act 1992 of the Commonwealth, the person must ensure that the notification given to the Authority under section 42J(1) of that Act is accompanied by written proof that, until the first anniversary of the commencement of the person's automatic deemed registration, the person is covered by the required insurance for that licence.
(7)If a person is required under this section to provide written proof to the Authority that the person is covered by required insurance, the person must ensure that the written proof is accompanied by the prescribed fee for examination of the written proof by the Authority.".
11Application for renewal of licence or registration as a plumber
After section 221ZB(5) of the Building Act 1993 insert—
"(6)A person who has automatic deemed registration to carry out an activity that may be carried out under a licence under this Part must, on or before each anniversary after the commencement of the person's automatic deemed registration, give to the Authority written proof that until the next anniversary of the commencement of that registration the person is covered by the required insurance for that licence.
(7)If a person is required under this section to provide written proof to the Authority that the person is covered by required insurance, the person must ensure that the written proof is accompanied by the prescribed fee for examination of the written proof by the Authority.".
12Licensed plumber to produce licence for inspection
At the end of section 221ZFB of the Building Act 1993 insert—
"(2)In this section—
licence includes, in the case of a person who has automatic deemed registration as a licensed plumber, evidence of the person's home State registration.".
13Register of Plumbers
(1)In section 221ZZZT(1) of the Building Act 1993, for "people" substitute "persons".
(2)In section 221ZZZT(2) of the Building Act 1993—
(a)for paragraph (b) substitute—
"(b)if the person has applied for and has been granted a registration or licence under this Part, the type of licence or registration the person holds and the classes or types of plumbing work in respect of which the person is so licensed or registered;
(ba)if a person has automatic deemed registration to carry out any activities that may be carried out under a licence or registration under this Part, those activities;";
(b)in paragraph (h), for "of him or her" substitute " of the person or, in the case of a person referred to in paragraph (ba), by the local registration authority in that person's home State";
(c)after paragraph (h) insert—
"(ha)details of any criminal sanctions imposed on the person;".
14Authorised person's identification
For section 228B(6) of the Building Act 1993 substitute—
"(6)The identification of a municipal building surveyor or a relevant building surveyor when exercising a power as an authorised person under this Division is—
(a)a registration card; or
(b)in the case of a person who has automatic deemed registration as a building surveyor, evidence of the person's home State registration.".
Division 2—Other amendments to the Building Act 1993
15New section 175AB inserted
After section 175A of the Building Act 1993 insert—
"175AB Registered building practitioner must give information to the Authority for the Register of Building Practitioners
(1)The Authority may request in writing that a registered building practitioner give to the Authority information in relation to the practitioner that is required to be included in the Register of Building Practitioners.
(2)A registered building practitioner must comply with a request under subsection (1) from the Authority within 5 business days after receiving the request.
Penalty:10 penalty units, in the case of a natural person;
50 penalty units; in the case of a body corporate.".
16Period of suspension
After section 180B(3) of the Building Act 1993 insert—
"(4)The suspended person must ensure that the written proof is accompanied by the appropriate fee for the examination of the written proof by the Authority—
(a)determined in accordance with the guidelines under Division 1 of Part 12; or
(b)prescribed by the regulations.".
17New sections 187NA and 187NB inserted
After section 187N of the Building Act 1993 insert—
"187NA Licensed building employees must give information to the Authority for the Register of Building Employees
(1)The Authority may request in writing that a licensed building employee give to the Authority information in relation to the employee that is required to be contained in the Register of Building Employees.
(2)A licensed building employee must comply with a request under subsection (1) from the Authority within 5 business days after receiving the request.
Penalty:10 penalty units.
187NBLicensed building employee must notify Authority of changes to information on the Register of Building Employees
A licensed building employee must give the Authority written notice of any change to the information in relation to the employee required to be contained in the Register of Building Employees within 14 days after the change occurs.
Penalty:10 penalty units.".
18Restricted licences
(1)In section 221Q(1) of the Building Act 1993, for "of plumbing work or specialised plumbing work" substitute "or classes of plumbing work or a class or classes of specialised plumbing work".
(2)In section 221Q(2) of the Building Act 1993, for "a particular type of work" substitute "one or more particular types of work".
19Suspension of licence if insurance ceases
After section 221ZU(3) of the Building Act 1993 insert—
"(4)The suspended person must ensure that the written proof is accompanied by the prescribed fee for the examination of the written proof by the Authority.".
20New sections 221ZZZR and 221ZZZS inserted
Before section 221ZZZT of the Building Act 1993 insert—
"221ZZZR Licensed and registered plumbers must give information to the Authority for the Register of Plumbers
(1)The Authority may request in writing that a licensed or registered plumber give to the Authority information in relation to the plumber that is required to be recorded in the Register of Plumbers.
(2)A licensed or registered plumber must comply with a request under subsection (1) from the Authority within 5 business days after receiving the request.
Penalty:10 penalty units.
221ZZZSLicensed and registered plumbers must notify Authority of changes to information on the Register of Plumbers
A licensed or registered plumber must give the Authority written notice of any change to the information in relation to the plumber required to be recorded in the Register of Plumbers within 14 days after the change occurs.
Penalty:10 penalty units.".
21New section 221ZZZTA inserted
After section 221ZZZT of the Building Act 1993 insert—
"221ZZZTA Publication of information on Register of Plumbers
(1)The Authority must publish on its website the information on the Register of Plumbers that is required by the regulations to be published.
(2)The Authority may publish on its website the information on the Register of Plumbers that is permitted by the regulations to be published.".
Part 3—Amendment of other Acts
Division 1—Amendment of the Architects Act 1991 in relation to automatic mutual recognition
22Definitions
(1)In section 3(1) of the Architects Act 1991 insert the following definitions—
"automatic deemed registration has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
second State has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
second State occupation has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;".
(2)In section 3(1) of the Architects Act 1991, at the foot of the definition of architect insert—
"Note
Section 42H(1) of the Mutual Recognition Act 1992 of the Commonwealth provides that a reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by that occupation. Section 42H(2)(a) of that Act provides that a person who has automatic deemed registration in a State is taken to have had the registration conferred by the operation of the law of the State.".
23New section 9A inserted
After section 9 of the Architects Act 1991 insert—
"9A Proof of required insurance for persons intending to rely on automatic deemed registration
(1)This section applies to a person who intends to carry out an activity that may be carried out under a registration under this Part in reliance on an automatic deemed registration that is the subject of a determination under section 42J(4) of the Mutual Recognition Act 1992 of the Commonwealth.
(2)The person must ensure that the notification given to the Authority under section 42J(1) of the Mutual Recognition Act 1992 of the Commonwealth is accompanied by written proof that, until the next occurrence of 1 July, the person will be covered by the required insurance for the registration under this Part.
(3)The person must ensure that the written proof is accompanied by the prescribed fee for the examination of the written proof by the Board.".
Division 2—Other amendments to the Architects Act 1991
24New section 11A inserted
After section 11 of the Architects Act 1991 insert—
"11A Board must issue certificate of registration
(1)The Board must issue a certificate of registration to a person who has been registered by the Board as an architect.
(2)The certificate of registration must be in a form approved by the Board and contain any prescribed information.".
25New section 13A inserted
After section 13 of the Architects Act 1991 insert—
"13A Board must issue certificate of approval
(1)The Board must issue a certificate of approval to a partnership that has been approved by the Board.
(2)The certificate of approval must be in a form approved by the Board and contain any prescribed information.".
26New section 14A inserted
After section 14 of the Architects Act 1991 insert—
"14A Board must issue certificate of approval
(1)The Board must issue a certificate of approval to a company that has been approved by the Board.
(2)The certificate of approval must be in a form approved by the Board and contain any prescribed information.".
27Proof of required insurance
At the end of section 15A of the Architects Act 1991 insert—
"(2)An architect must ensure that the written proof is accompanied by the prescribed fee for the examination of the written proof by the Board.".
28The Register
(1)In section 16 of the Architects Act 1991, after "Architects" insert "in the prescribed form (if any)".
(2)At the end of section 16 of the Architects Act 1991 insert—
"(2)The Register may include details of—
(a)any criminal sanction imposed on an architect; and
(b)any disciplinary sanction imposed on an architect.".
29New sections 16A, 16B and 16C inserted
After section 16 of the Architects Act 1991 insert—
"16A Time for inclusion of information in the Register of Architects
(1)If the regulations require any details specified in section 16(2) to be included in the Register of Architects, the Board must record that information in the Register as soon as practicable after the prescribed period after the criminal sanction or disciplinary sanction is imposed.
(2)Information about a disciplinary sanction is to remain on the Register of Architects for 5 years after the sanction is imposed or ceases to have effect, whichever is the later.
(3)Information about a criminal sanction is to remain on the Register of Architects for 5 years after the sanction is imposed or ceases to have effect, whichever is the later.
(4)In this section—
prescribed period means—
(a)in the case of a disciplinary sanction, the later of the following to occur—
(i)the end of the period within which an application for review of the decision to impose a disciplinary sanction may be made to VCAT;
(ii)if an application for review of the decision to impose a disciplinary sanction is made to VCAT, a decision is made by VCAT affirming the decision; or
(b)in the case of a criminal sanction arising from a criminal proceeding, the later of the following to occur—
(i)the end of the period within which an appeal may be brought against the criminal sanction;
(ii)if an appeal is brought against the criminal sanction, a decision is made dismissing the appeal.
16BArchitect must give information to the Board for the Register of Architects
(1)The Board may request in writing that an architect give to the Board information in relation to the architect that is required to be contained in the Register of Architects.
(2)An architect must comply with a request under subsection (1) from the Board within 5 business days after receiving the request.
Penalty:10 penalty units.
16CPublication of information on Register of Architects
(1)The Board must publish on its website the information on the Register of Architects that is required by the regulations to be published.
(2)The Board may publish on its website the information on the Register of Architects that is permitted by the regulations to be published.".
30Section 17 substituted
For section 17 of the Architects Act 1991 substitute—
"17 Removal of details of architects from the Register of Architects
The Board may, as soon as is practicable, remove the details of a person from the Register of Architects if—
(a)the person is no longer practising as an architect; or
(b)the person no longer holds a registration as an architect under Part 3.".
31Regulations
In section 69(1)(j) of the Architects Act 1991, after "cancellation of" insert ", and information to be contained in,".
Division 3—Amendment of the Surveying Act 2004 in relation to automatic mutual recognition
32Definitions
(1)In section 3 of the Surveying Act 2004 insert the following definitions—
"automatic deemed registration has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
home State registration has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
second State has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
second State occupation has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;".
(2)In section 3 of the Surveying Act 2004, at the foot of the definition of licensed surveyor insert—
"Note
Section 42H(1) of the Mutual Recognition Act 1992 of the Commonwealth provides that a reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by that occupation. Section 42H(2)(a) of that Act provides that a person who has automatic deemed registration in a State is taken to have had the registration conferred by the operation of the law of the State.".
33Identity card
For section 57(1) of the Surveying Act 2004 substitute—
"(1)The Board must issue an identity card to—
(a)each licensed surveyor who has applied for, and been granted, registration under Part 2; and
(b)each person who has automatic deemed registration to carry out an activity that may be carried out under a registration under Part 2 if that person has no evidence of the person's home State registration to carry out that activity.".
34Power of entry for cadastral surveys
For section 58(3) of the Surveying Act 2004 substitute—
"(3)A licensed surveyor, or a person acting under the direction and supervision of a licensed surveyor, may not exercise any powers under this section if the licensed surveyor or person fails to produce, on request, for inspection by the occupier of the land—
(a)an identity card issued to the licensed surveyor under this Part; or
(b)identification that shows that the person is acting under the direction and supervision of a licensed surveyor; or
(c)if the licensed surveyor is a person who has automatic deemed registration to carry out an activity that may be carried out under a registration under Part 2, evidence of the person's home State registration to carry out that activity.".
Part 4—Amendment of the Planning and Environment Act 1987
Division 1—Green wedge management plans
35Definition—green wedge management plan
In section 3(1) of the Planning and Environment Act 1987 insert the following definition—
"green wedge management plan means a plan prepared under section 46AE(1);".
36New Division 2 inserted in Part 3AA
After Division 1 of Part 3AA of the Planning and Environment Act 1987 insert—
"Division 2—Green wedge management plans
46ADObjects of Division
The objects of this Division are—
(a)to recognise the importance of green wedge land; and
(b)to protect, enhance and promote non‑urban values and non‑urban uses of green wedge land, and to give primacy to those values and uses; and
(c)to enable strategic planning for and management of green wedge land; and
(d)to provide for the beneficial use of green wedge land that contributes to the sustainability, prosperity, health and wellbeing of Victorians; and
(e)to support primary production on green wedge land and to enable its growth by preventing incompatible uses and development; and
(f)to manage threats of land use change that would detract from non‑urban values and non‑urban uses of green wedge land; and
(g)to recognise the connection and stewardship of traditional owners in relation to land that is green wedge land.
46AEPreparation of green wedge management plans
(1)A municipal council referred to in section 46AA must prepare a plan to manage green wedge land within its municipal district.
(2)A municipal council must prepare a green wedge management plan in accordance with any directions issued by the Minister under section 46AEA.
(3)On completing a green wedge management plan, the municipal council must give the Minister a copy of the plan.
46AEAMinisterial directions in relation to green wedge management plans
The Minister may issue directions in relation to the preparation and content of green wedge management plans.
46AEBMinister may require councils to prepare revised green wedge management plans
The Minister may require a municipal council referred to in section 46AA to prepare a revised green wedge management plan if 10 years have elapsed since the council gave the Minister a copy of its green wedge management plan under section 46AE(3).
46AECMinister may exempt councils from requirement to prepare green wedge management plan
The Minister, by notice published in the Government Gazette, may declare that a municipal council referred to in section 46AA is exempt from section 46AE(1).".
Division 2—Amendments in relation to distinctive areas and landscapes
37Endorsement of Statement of Planning Policy
(1)After section 46AX(1) of the Planning and Environment Act 1987 insert—
"(1A)Despite subsection (1), the Minister is not required to give a copy of the draft Statement of Planning Policy to either of the following—
(a)a responsible public entity specified in a declaration under section 46AXA;
(b)the Minister who is responsible for a responsible public entity specified in a declaration under section 46AXA.".
(2)After section 46AX(2) of the Planning and Environment Act 1987 insert—
"(3)A responsible public entity that is given a copy of the draft Statement of Planning Policy under subsection (1) must decide whether to endorse the Statement within 28 days after it is given the Statement.
(4)A responsible public entity must give notice of a decision under subsection (3) to the Minister within 7 days of making the decision.".
38New section 46AXA inserted
After section 46AX of the Planning and Environment Act 1987 insert—
46AXAMinister may declare endorsement of certain responsible public entities not required"
(1)The Minister, by notice published in the Government Gazette, may declare that a responsible public entity that is a committee of management or trustee under the Crown Land (Reserves) Act 1978 in relation to land in a declared area is not required to be given a copy of a draft Statement of Planning Policy under section 46AX.
(2)The Minister must not make a declaration under subsection (1) unless—
(a)the Minister has considered the nature of the land that is managed by the committee of management or trustee; and
(b)the Minister is satisfied that the contents of the draft Statement of Planning Policy would not impose significant obligations on the committee of management or trustee in relation to the land.".
Division 3—Transitional provisions
39New section 228 inserted
After section 227 of the Planning and Environment Act 1987 insert—
"228 Transitional and savings provisions—Building and Planning Legislation Amendment Act 2023
(1)Subsections (2) and (3) apply if—
(a)immediately before the commencement of Division 1 of Part 4 of the amending Act, a municipal council referred to in section 46AA has an active plan to manage green wedge land in its municipal district; and
(b)the plan was prepared less than 10 years before that commencement.
(2)Within 60 days after the commencement of Division 1 of Part 4 of the amending Act, a municipal council may give to the Minister—
(a)a copy of its plan to manage green wedge land in its municipal district; and
(b)a notice specifying the date on which the plan was prepared.
(3)If a municipal council gives the Minister a copy of its plan to manage green wedge land in its municipal district and a notice under subsection (2)—
(a)the plan is taken to be a green wedge management plan prepared under section 46AE(1); and
(b)for the purposes of section 46AEB, the plan is taken to have been given to the Minister under section 46AE(3) on the date specified in the notice.
(4)Division 3 of Part 3AAB, as it was in force immediately before the commencement of Division 2 of Part 4 of the amending Act, continues to apply in respect of a draft Statement of Planning Policy that—
(a)was given to a responsible public entity before that commencement; and
(b)has not been endorsed by the responsible public entity before that commencement.
(5)In this section—
amending Act
means the Building and Planning Legislation Amendment Act 2023.".
Part 5—Repeal of this Act
40Repeal of this Act
This Act is repealed on the first anniversary of its commencement.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 20 December 2022
Legislative Council: 9 February 2023
The long title for the Bill for this Act was "A Bill for an Act to amend the Building Act 1993, the Architects Act 1991, the Surveying Act 2004 and the Planning and Environment Act 1987 and for other purposes."
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