Planning and Environment Act 1987 (Vic)

Version No. 163

Planning and Environment Act 1987

No. 45 of 1987

Version incorporating amendments as at

26 November 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

3AAMeaning of affordable housing

3ABOrder in Council specifying income ranges

3ATransport Integration Act 2010

4Objectives

4AAObligations of Department Head in relation to Yarra River land

4ABObligations of Department Head in relation to declared areas

4ACObligations of Department Head in relation to the Great Ocean Road region

Part 1A—Victoria Planning Provisions

4AVictoria Planning Provisions

4BAmendment of Victoria Planning Provisions

4CApproval of amendment

4DNotice of approval

4ECommencement

4FApplication of planning scheme provisions to amendments to VPPs

4GLodging of Victoria Planning Provisions and approved amendments

4HInspection and electronic publication of approved amendments

4IWho must keep and make available a copy of the Victoria Planning Provisions?

4JAmendment of planning schemes by Victoria Planning Provisions

Part 2—Planning schemes

5What are the planning schemes to which this Act applies?

6What can a planning scheme provide for?

6AEasements, restrictions etc.

6BHeritage buildings

7Structure of planning schemes

8Minister is planning authority

8AMunicipal council as planning authority for its municipal district

8BMunicipal council as planning authority for area adjoining municipal district

9Authorised Ministers and authorities are planning authorities

9ASuburban Rail Loop Authority is a planning authority

10Restrictions and powers relating to the preparation of amendments

12What are the duties and powers of planning authorities?

12AMinisterial directions for having regard to climate change

12BReview of planning schemes

13Responsible authority

14What are the duties of a responsible authority?

14AWhat are the duties of a referral authority?

15Changes in boundaries

16Application of planning scheme

Part 3—Amendment of planning schemes

Division 1AA—Authorisation to prepare amendments and other preliminary matters

Subdivision 1—Requests for municipal councils to prepare amendments

16ARequest for municipal council to prepare amendment

16BDecision on request to prepare amendment

16CNotice of decision on request to prepare amendment

16DMinister may direct municipal council to make decision

16EMinister may direct municipal council to apply to prepare amendment

Subdivision 2—Authorisation to prepare amendments

16FMunicipal councils to apply for authorisation to prepare amendments for their municipal districts

16GDecision on application to prepare amendment

16HWhen council may prepare amendment without authorisation

16IMunicipal councils to apply for authorisation to prepare amendments for adjoining municipal districts

16JConsent of Suburban Rail Loop Minister required for authorisations of certain planning scheme amendments

16KApplications for planning scheme amendment authorisations received before applicable Suburban Rail Loop planning area declarations

16LMinister may authorise other Ministers or public authorities to prepare amendments

Subdivision 3—Other matters

16MMunicipal councils must not prepare amendments for Port of Melbourne Area

16NLow‑impact amendments

Division 1—Exhibition and notice of amendment

17Copies of amendment to be given to certain persons

18Availability of amendment

19What notice of an amendment must a planning authority give?

20Exemption from giving notice

20AMinister may determine to prepare technical and corrective amendments—exception to sections 17, 18 and 19

Division 2—Public submissions about an amendment

21Who may make a submission?^,

21AJoint submissions

22Planning authority to consider submissions

23Decisions about submissions^,

23AProcess for low‑impact amendments

24Consideration of submissions by panel and reasonable opportunity to be heard

25Report by panel

25ARecommendation by panel to Minister

26Reports to be made public

27Planning authority to consider panel's report

28Abandonment of amendment

28AMinister may decide to continue amendment or part of amendment abandoned by planning authority

28BEffect of Minister's decision to continue abandoned amendments

28CDirections of Minister about abandoned amendments

28DMinister may refer amendment or part of amendment abandoned by planning authority to a panel

Division 3—Adoption and approval of amendment

29Adoption of amendment

30When does an amendment lapse?

31Planning authority to submit amendment to Minister

32More notice

33Notice of changes

34Submissions

34AAmendments affecting land to which Suburban Rail Loop planning area declarations apply

35Approval of amendment by Minister

36Notice of approval

37Commencement of amendment

38Parliament may revoke an amendment

39Defects in procedure

Division 4—Availability of approved amendments and schemes

40Lodging of approved amendment

41Who must keep a copy of an approved amendment for inspection?

42Who must keep a copy of a planning scheme?

Division 5—Special provisions

43Roads on Crown land

44Roads on land other than Crown land

45Effect on easements for public utilities

46Planning schemes may apply to reserved land

Part 3AAA—Yarra River land protection

Division 1—Compliance with Yarra Strategic Plan

46AAAResponsible public entities to comply with Yarra Strategic Plan

Division 2—Ratification by Parliament for amendments to planning schemes

46AABTo which amendments does this Division apply?

46AACRatification by Parliament required for amendments to which this Division applies

46AADProcedure for ratification

46AAENotice of ratification

46AAFWhen does a ratified amendment commence?

46AAGWhen does an amendment lapse?

46AAHApplication of sections 40, 41 and 42

46AAIApplication of Division 5 of Part 4

Part 3AA—Metropolitan green wedge protection

Division 1—Introductory

46AAWhat is a metropolitan fringe planning scheme?

46ACWhat is green wedge land?

Division 2—Green wedge management plans

46ADObjects of Division

46AEPreparation of green wedge management plans

46AEAMinisterial directions in relation to green wedge management plans

46AEBMinister may require councils to prepare revised green wedge management plans

46AECMinister may exempt councils from requirement to prepare green wedge management plan

Division 3—Ratification by Parliament for amendments to planning schemes

46AFTo which amendments does this Division apply?

46AGRatification by Parliament required for amendments to which this Division applies

46AHProcedure for ratification

46AINotice of ratification

46AJWhen does a ratified amendment commence?

46AKWhen does an amendment lapse?

46ALApplication of sections 40, 41 and 42

46AMApplication of Division 5 of Part 4

Part 3AAB—Distinctive areas and landscapes

Division 1—Objects

46ANObjects

Division 2—Declaration of distinctive areas and landscapes

46AOGovernor in Council may declare area to be a distinctive area and landscape

46APRequirements for area to be declared as a distinctive area and landscape

46AQGovernor in Council may revoke declaration

46ARProcedure for ratification of revocation order

46ASWhen does a revocation order lapse?

Division 3—Statements of Planning Policy for distinctive areas and landscapes

Subdivision 1—Preparation and approval of Statement of Planning Policy

46ATMinister to develop Statement of Planning Policy for declared area

46AUPurpose of Statement of Planning Policy

46AVContents of Statement of Planning Policy

46AWConsultation

46AXEndorsement of Statement of Planning Policy

46AXAMinister may declare endorsement of certain responsible public entities not required

46AYApproval of Statement of Planning Policy

46AZCommencement of Statement of Planning Policy

46AZAAmendment of Statement of Planning Policy

Subdivision 2—Amendment of declared area planning scheme

46AZBAmendment of declared area planning scheme to give effect to Statement of Planning Policy

46AZCAmendment of declared area planning scheme

Subdivision 3—Protected settlement boundary amendments

46AZDProtected settlement boundary amendment

46AZEProcedure for ratification of protected settlement boundary amendment

46AZFWhen does a protected settlement boundary amendment lapse?

46AZGApplication of Act provisions to protected settlement boundary amendment

46AZHApplication of Division 5 of Part 4 to protected settlement boundary amendment

Subdivision 4—Review of Statement of Planning Policy

46AZIReview of Statement of Planning Policy

Division 4—Interaction between specific legislation and Statement of Planning Policy

46AZJSpecific legislation

Division 5—Duties of responsible public entities

46AZKResponsible public entities not to act inconsistently with Statement of Planning Policy

46AZLPrinciples

Division 6—Transitional provision

46AZMTransitional provision—Consultation in relation to Macedon Ranges Localised Planning Statement

Part 3AAC—Amendments in the Great Ocean Road region

Division 1—Compliance with Great Ocean Road strategic framework plan

46AZNResponsible entities to comply with Great Ocean Road strategic framework plan

Division 2—Ratification by Parliament for amendments to Great Ocean Road scenic landscapes area planning scheme

46AZOTo which amendments does this Division apply?

46AZPRatification by Parliament required for amendments to which this Division applies

46AZQProcedure for ratification of amendment

46AZRWhen does an amendment lapse?

46AZSApplication of Act provisions to amendment

46AZTApplication of Division 5 of Part 4 to amendment

Part 3A—Upper Yarra Valley and Dandenong Ranges—regional strategy plan

46ADefinitions

46BSaving of approved regional strategy plan and amending plans

46CAmendment of strategy plan

46DApproval of Parliament needed after appointed day

46EAvailability of amendment

46FPlanning schemes to comply with approved regional strategy plan

46GWorks to be in conformity with approved regional strategy plan

Part 3AB—Infrastructure contributions

Division 1—Preliminary

46GADefinitions

46GBMeaning of ICP land contribution percentage

46GCMeaning of infrastructure contribution

46GDMeaning of monetary component

46GEMeaning of land component

46GFMeaning of land equalisation amount

Division 2—Infrastructure contributions plans

46GGInfrastructure contributions plans

46GHInfrastructure contributions plans not to apply to certain growth area land for provision of State infrastructure

46GIContents of infrastructure contributions plans

Division 3—Directions of Minister

46GJDirections of Minister

46GKPlanning authorities must comply with directions of Minister

Division 4—Valuation and dispute resolution process for inner public purpose land

46GLDefinitions

46GMApplication of Division

46GNPlanning authority must arrange for estimates of values of inner public purpose land

46GOPlanning authority must give notice to owners of certain inner public purpose land

46GPNotice under section 46GO to be given to affected owners and collecting agency

46GQAffected owner may make submission on estimated value of inner public purpose land

46GRPlanning authority must consider submission

46GSDecision about submissions

46GTValuer-general must hold conference to determine value of inner public purpose land

46GUInfrastructure contributions plan must be consistent with estimated value of public purpose land

Division 5—Imposition and collection of infrastructure contribution

46GVImposition of infrastructure contribution

46GWPayment of land credit amounts

46GXCollecting agency may accept works, services or facilities in satisfaction of monetary component

Division 6—Responsibilities of collecting agencies and development agencies

46GYResponsibilities of the collecting agency to keep proper accounts and records

46GZOther responsibilities of the collecting agency

46GZAResponsibility of a development agency to keep accounts and records

46GZBOther responsibilities of a development agency

Division 7—Responsibilities of collecting agencies and development agencies if infrastructure contributions not expended

46GZCApplication of Division

46GZDResponsibility of collecting agency and development agency if monetary component not expended within life of a plan

46GZEResponsibility of collecting agency and development agency if land equalisation amount not expended within life of a plan

46GZFResponsibility of collecting agency and development agency if public purpose land is no longer required

Division 8—General

46GZGAppropriation of Consolidated Fund

46GZHRecovery of monetary component or land equalisation amount of infrastructure contribution as a debt

46GZIReporting requirements of collecting agencies and development agencies

46GZJMinister to report annually

46GZKCollecting agency or development agency may deal with public purpose land under this Part

Part 3B—Development contributions

46HDefinitions

46IDevelopment contributions plan

46IAPlans not to apply to certain growth area land for provision of State infrastructure

46JWhat can a plan provide for?

46KContents of plan

46LCommunity infrastructure levy not to exceed maximum

46LAAdjusted maximum dwelling amount

46LBAdjustment of dwelling amount specified in an approved development contributions plan

46LCAdjusted payable dwelling amount

46MDirections

46NCollection of development infrastructure levy

46OCollection of community infrastructure levy

46PProvisions applying to collection of levies

46QResponsibilities of municipal councils

46QAResponsibilities of collecting agencies

46QBResponsibilities of development agencies

46QCRecovery of levy as debt

46QDReporting requirements of collecting agencies and development agencies

Part 3C—Melbourne Airport Environs Strategy Plan

46RDefinitions

46SMelbourne Airport Environs Area

46TPreparation of strategy plan

46UApproval of Parliament needed

46VAvailability of amendment

46WAmendment of approved strategy plan

46XPlanning schemes to comply with approved strategy plan

46YWorks to be in conformity with approved strategy plan

Part 3D—Williamstown Shipyard Site Strategy Plan

46ZPurpose of Part

46ZADefinitions

46ZBWilliamstown Shipyard Site

46ZCPreparation of Williamstown Shipyard Site Strategy Plan

46ZDProcedure for making of Williamstown Shipyard Site Strategy Plan

46ZEApproval of Parliament needed

46ZFAvailability of approved strategy plan

46ZGAmendments to approved strategy plan

46ZHAmendment of planning schemes

Part 4—Permits

Division 1—Permits required by planning schemes

47Applications for permits

48What if the applicant is not the owner?

48AResponsible authority may give notice about incomplete permit applications

48BEffect of compliance or non-compliance with notice

48CRefund of fees paid for void applications

48DEffect of sections 48A and 48B

49Responsible authority to keep register

50Amendment to application at request of applicant before notice

50AAmendment of application by responsible authority before notice

51Applications to be made available to the public

52Notice of application

52AMinister may issue guidelines about material detriment

53What are the duties of applicants?

54More information

54AApplicant may apply for extension of time to provide more information

54BWhen does an application lapse?

55Application to go to referral authorities

56Action by referral authority on application

56AReferral authority to keep register

57Objections to applications for permits

57AAmendments to application after notice of application is given

57BNotice of amended application

57CAmended application may go to referral authorities

58Responsible authority to consider all applications

58AResponsible authority may request advice from Planning Application Committee

59Time for decision

60What matters must a responsible authority consider?

61Decision on application

61ADecisions where responsible authority is a council officer

62What conditions can be put on permits?

63Grant of permit if no objectors

64Grant of permit if there are objectors

64AGrant of permit—recommending referral authority objected or recommended condition that was not included

65Refusal of permit

66Notice to referral authority

67When does a permit begin?

68When does a permit expire?

68AExpiration of permits for extractive industry

69Extension of time

70Availability of permit

71Correction of mistakes

Division 1A—Amendment of permits by responsible authority

72Application for amendment of permit

73What is the procedure for the application?

74Issue of amended permit if no objectors

75Decision to amend permit if there are objectors

75ADecision to amend permit if recommending referral authority objected to or recommended condition that was not included

76Refusal of amendment

76ANotice to referral authority

76BWhen does an amendment to a permit begin?

76CReview of decision on amendment

76DPowers of Minister in relation to application

Division 2—Reviews by Tribunal

77Applications for review of refusals to grant permits

78Applications for review of requirements

79Applications for review of failures to grant permits

80Applications for review of conditions on permits

81Applications for review relating to extensions of time

82Applications for review where objectors

82AAARequest for review by recommending referral authority

82AAApplications for review—marine and coastal Crown land

82BAffected person may seek leave to apply for review

83Parties to review

83AATribunal may treat two or more objectors as a group

83AObjectors entitled to notice

83ABRecommending referral authority entitled to notice

83BNotice if permit application was made without notice

84An application may be determined after an appeal has been lodged

84AParties not restricted to grounds previously notified

84ABTribunal may confine review with agreement

84BMatters for Tribunal to take into account

85Determination of applications

86Issue of permit

Division 3—Cancellation and amendment of permits by Tribunal

87What are the grounds for cancellation or amendment of permits?

87ACancellation or amendment of permit issued at direction of Tribunal

88What are the limits on the power to cancel or amend a permit?

89Request for cancellation or amendment

90Hearing by Tribunal

90AMatters which Tribunal must take into account

91Determination by Tribunal

92Notice of the cancellation or amendment

93Order to stop development

94Right to compensation

Division 3A—Active management of proceedings by Tribunal

94AActive management of proceedings

Division 4—Provisions relating to Ministers, government departments and responsible authorities

95Permits required by Ministers or government departments

96Land owned or permit required by responsible authorities

Division 5—Combined permit and amendment process

96AApplication for permit when amendment requested

96BApplication of provisions

96CNotice of amendment, application and permit

96DHearing by panel

96EReport by panel on proposed permit

96FPlanning authority to consider panel's report

96GDetermination by planning authority

96HRecommendation by planning authority

96IMinister may grant permit on approval of amendment

96JIssue of permit

96KNotice of refusal

96LCancellation of permit

96MApplication of provisions

96NWho is to be the responsible authority?

Division 5A—Metropolitan Planning Levy

96OImposition of levy

96PWhat is a leviable planning permit application?

96QAmount of levy

96RCPI adjusted amount

96SNotification and payment of levy

96TLevy certificate

96URevised levy certificate

96UAApplication for levy exemption certificate

96UBLevy exemption certificate

96VNo refund of levy except in certain circumstances

96WCommissioner's functions and powers

96XProhibition on certain disclosures of information by Commissioner etc.

96YPermitted disclosures

96ZResponsible authority or planning authority to keep levy certificate and levy exemption certificate

Division 6—Powers of Minister in relation to applications

97BCall in power

97CRequest by responsible authority

97DReferral of applications to Minister

97EPanel

97FDecision of Minister

97GNotice of availability

97HEffect of issue of permit

97IApplication for amendment of permit

97JDecision on amendment

97KNotice of decision

97LRegister

97MProvisions of Act not to apply

Part 4AA—Planning Application Committee

97MAPlanning Application Committee

97MBMembership of Planning Application Committee

97MCFunctions of the Planning Application Committee

97MDProceedings of Planning Application Committee

97MESubcommittees

97MFDelegation to subcommittee

97MGPayment of members of Committee and subcommittees

97MHResponsible authority to assist Planning Application Committee

97MIResponsible authority to contribute to costs of Planning Application Committee

Part 4A—Certificates of compliance

97NApplication for certificate

97OCertificate of compliance

97PReview of failure or refusal to issue certificate

97QCancellation or amendment of certificate

97RRegister

Part 5—Compensation

98AAAPart 5 to not apply to inner public purpose land

98AADefinitions

98Right to compensation

99When does the right to compensation arise?

99ARequirements for claim for compensation

100Increased compensation for effect on residence

101Claim for expenses

102What if compensation has been previously paid?

103Small claims

104Maximum amount of compensation payable

104AActual zoning of land may be considered in determining compensation

104BInterest on compensation

104CDetermination of rate of interest

105Land Acquisition and Compensation Act 1986 to apply

106Loss on sale

107Compensation for removal or lapsing of reservation

108Persons who are not eligible to claim compensation

109When is compensation payable by other authorities?

110Compensation paid to be noted on title

111Recovery of compensation previously paid

112Reimbursement of compensation paid

113Declaration of proposed reservation

Part 6—Enforcement and legal proceedings

Division 1—Enforcement orders

114Application for enforcement order

115Notice of application

116Determination of Tribunal where no objections

117Determination of Tribunal where objections are received

119What can an enforcement order provide for?

120Interim enforcement orders

121Cancellation of enforcement order or interim enforcement order

122Offences

123Responsible authority may carry out work

124Orders to bind future owners and occupiers

125Injunctions

Division 2—Offences and penalties

126Offence to contravene scheme, permit or agreement

127General penalties

128Criminal liability of officers of bodies corporate—failure to exercise due diligence

129Penalties to be paid to prosecuting authority

130Planning infringements

Division 2A—Order prohibiting the use or development of land under this Act and the Building Act 1993 for period of time

131Order prohibiting the use or development of land for period of time

132Effect of Order

132ANothing in Order prevents emergency order

Division 3—Powers of entry

133Powers of entry

134What must be done before entry?

135Powers of authorised persons who enter land

136Police to assist authorised persons

137Offence to obstruct

138No legal proceedings against authorised persons

Division 4—Evidence and notices

139Evidence of ownership

140Proof of existence and contents of planning scheme

141Evidence of planning scheme provisions and permits

142Evidence of agreements under section 173

143Constitution and procedure of planning authority or responsible authority

144Evidence of minutes

145Notices and service of orders

146Copies of schemes and amendments

147General provisions

Division 5—Applications to Tribunal

148Definitions

149Application for review

149AApplication by certain persons for declarations

149BGeneral application for declaration

150Tribunal orders in relation to proceedings

Part 7—Advisory committees

151Advisory committees

152Powers of advisory committee

Part 8—Panels

Division 1—Appointment of panels

153Appointment of panels

154Composition of panels

155Chairperson

156Costs and expenses of panel

157Panels with more than one member

158Planning authority to provide assistance

158AATerms of reference for panels relating to Suburban Rail Loop program

Division 1A—Directions panel

158AAppointment of directions panel

158ABDecisions and designations by directions panel—like submissions

158BDirections by directions panel

Division 2—Consideration of submissions

158CPanel may treat like submissions as one submission

158DLead submitters for like submissions

158ELike submissions and the opportunity to be heard

158FNotice of proposal to proceed on the basis of documents

158GConsideration of submissions by hearing, on the basis of documents or both

159Directions

159ADirections about conferences of experts and joint experts reports

160Hearings to be in public

160AHearings may be conducted in person or by audio link or audio visual link

161General procedure for the consideration of submissions

162Who may appear before a panel?

162AUse of conference of experts and joint experts reports in a hearing

163Effect of failure to attend hearing

164Panel may hear two or more submissions together

165Adjournment of hearings

166Technical defects

167Panel may regulate its own proceedings

168Panel may take into account any relevant matter

169Offences

170Immunity for panel members

Part 9—Administration

Division 1—General powers

171Powers of responsible authority

172Powers of compulsory acquisition

Division 1A—Compulsory acquisition of public purpose land specified in infrastructure contributions plans

Subdivision 1—General

172ADefinitions in this Division

172BApplication of Land Acquisition and Compensation Act 1986

Subdivision 2—Acquisition of outer public purpose land

172CDevelopment agency may acquire outer public purpose land

Subdivision 3—Acquisition of inner public purpose land

172DCollecting agency or development agency may acquire inner public purpose land

Subdivision 4—Compensation for acquisition of inner public purpose land

172EApplication of this Subdivision

172FAmount of compensation payable to owner of inner public purpose land

172GOwner of inner public purpose land not entitled to compensation under the Land Acquisition and Compensation Act 1986

Division 2—Agreements

Subdivision 1—Making of agreements

173Responsible authority may enter into agreements

174Form and contents of agreement

175Bonds and guarantees

176When does an agreement begin?

Subdivision 2—Ending and amendment of agreements

177When does an agreement end?

178Amendment of agreements

178AProposal to amend or end agreement

178BMatters to be considered in considering proposal to amend or end agreement

178CNotice of proposal

178DObjections and submissions to responsible authority

178EDecision to amend or end agreement

178FNotice of decision to amend or end agreement

178GCopy of amended agreement to be given to parties

178HResponsible authority may require payment of costs

178IWhen does the amendment or ending of an agreement take effect?

Subdivision 3—General

179Responsible authority to keep and make available a copy of agreement

180Agreement may not breach planning scheme

181Recording of agreement

182Effect of recording

182ANew parties to an agreement

183Cancellation or alteration of recording

184Application to Tribunal

184AApplication to Tribunal by applicant in relation to decisions under Subdivision 2

184BApplication to Tribunal by party to agreement

184CApplication to Tribunal by objector

184DApplication to Tribunal by affected person

184EObjectors entitled to notice

184FApplication to amend or end agreement may be determined after application for review lodged

184GDetermination of application

Division 3—Powers of Minister

185Inquiry powers

185AExpedition of planning process

185BPower to request contact details

Division 4—Delegation

186AAInterpretation

186Minister may delegate some powers

187Secretary may delegate powers to employees

187ASecretary may delegate powers under Part 9AB

188Planning authorities and responsible authorities may delegate powers

188AVictorian Planning Authority may delegate powers

189Minister may delegate to advisory committees and regional planning authorities

190Minister may delegate administration of planning schemes

Division 5—Hearings

191Appointment of committee

192Who may be on the committee?

193Who may attend the hearing?

194Functions of committee

195Effect of hearing

196Fees and allowances

Division 6—Time

197Expedition

Division 6A—Publication and inspection of documents and register requirements

197APublic availability requirements

197BIn person inspection requirements

197CElectronic publication requirements

197DOn request inspection requirements

197EElectronic register requirements

197FElectronic disclosure of certain personal information in permits and other documents

197GElectronic disclosure of certain personal information on registers

197HException to compliance with certain inspection requirements when an emergency declaration is in force

Division 7—Planning certificates

198Application for planning certificate

199Planning certificates

200Certificate to be proof of certain matters

201Underlying zoning

Division 8—Change of responsible authority or area

201AWhat if the responsible authority changes?

201BWhat if area of planning scheme changes?

201CChanges to schemes arising from changes to municipal boundaries

201CAChange in boundary of Port of Melbourne Area

Division 9—Supreme Court—limitation of jurisdiction

201DSupreme Court—limitation of jurisdiction

Part 9A—Projects of State or regional significance

201EDefinitions

201FDeclaration of project

201GDelegation

201HAcquisition by agreement

201IPowers of compulsory acquisition

201JSecretary's powers to dispose of land

201KRecommendation of closure of roads

201LOrder for closure of road

201MTemporary closure of road

201NRecommendation for removal of easements and restrictions

201OOrder for removal of easement or restriction

201PCompensation

201QAction by Registrar of Titles and Registrar-General

Part 9AB—Precinct project development

Division 1—Preliminary

201QADefinitions

Division 2—Precinct project declarations

201QBPrecinct project declaration

201QCContent of precinct project declaration

201QDPublication of precinct project declaration

201QEWhen a precinct project declaration takes effect

201QFPrecinct project declaration guidelines

201QGPremier to ensure consolidated version of precinct project declaration is available

201QHInterrelationship with Major Transport Projects Facilitation Act 2009

Division 3—Completion of precinct projects

201QINotification of completion of precinct project or a part of a precinct project

201QJ Project completion declaration

201QKContent of project completion declaration

201QLPublication of project completion declaration

201QMWhen project completion declaration takes effect

201QNProject authority ceases to have functions in relation to applicable project area under the Major Transport Projects Facilitation Act 2009

Division 4—Special precinct project development related functions and powers

201QOPower to enter land by persons authorised by Secretary

201QPAuthorised persons for the purposes of section 201QO

Division 5—Utility interface

201QRUtility interface powers in relation to planning development of precincts

201QSSpecification of area or areas of land for purposes of Division

Division 6—Miscellaneous

201QTAgreements for land within or anticipated to be within a project area

Part 9B—Growth areas infrastructure contribution

Division 1—Introductory

Subdivision 1—Definitions

201RDefinitions

Subdivision 2—Other important terms

201RAAMinister may declare growth area

201RAGAIC events

201RBExcluded events

201RCContribution area

201RDWhat is a sub-sale of dutiable property?

201REWhat is a significant acquisition?

Subdivision 3—Excluded subdivisions and building work

201RFExcluded subdivisions of land

201RGExcluded building work

Subdivision 4—General

201RHTaxation Administration Act 1997

201RIPart binds the Crown

201RJApplication of Divisions 2 and 3 if there is GAIC event that is a certification of a non‑SOC plan of subdivision

Division 2—Imposition of growth areas infrastructure contribution

Subdivision 1—Liability for GAIC

201SImposition of growth areas infrastructure contribution

201SACircumstances where GAIC not imposed

201SBLiability for GAIC taken not to have arisen in certain circumstances

201SCLiability for GAIC arising when GAIC event occurs

201SDLiability for GAIC arising after GAIC event occurs

201SETime of occurrence of GAIC event

201SFPersons liable to pay GAIC

Subdivision 2—Amount of GAIC and when payable

201SGAmount of GAIC

201SGAApportionment of GAIC on issue of statement of compliance

201SHMinister may fix lower increase in GAIC

201SIGovernor in Council may fix lower GAIC

201SJInstrument or statement must be lodged evidencing dutiable transaction

201SKAcquisition statement

201SLWhen and to whom the GAIC is payable

201SLARefund of GAIC if land no longer in contribution area

Subdivision 2A—Work-in-kind agreements

201SLBMinister may enter into agreements

201SLCMatters to be included in a work-in-kind agreement

201SLDWork-in-kind agreement may contain restriction on land dealings

201SLECopy of work-in-kind agreement must be given to Commissioner and Victorian Planning Authority

201SLFAmendment of work-in-kind agreement

201SLGEnding of work-in-kind agreement

201SLHWork-in-kind agreements to be recorded by Registrar of Titles

201SLIRestrictions on dealings with land

201SLJEntering into a work-in-kind agreement does not discharge GAIC

201SLKPerson must notify the Victorian Planning Authority of performance of agreement

201SLLVictorian Planning Authority must determine whether agreement has been performed

201SLMPerformance of work-in-kind agreement taken to be payment of GAIC

201SLNPerson in default if work-in-kind agreement not performed by due date

Subdivision 3—Deferral of GAIC

201SMPerson may elect to defer payment of GAIC

201SMAALiability to pay deferred GAIC in relation to subsequent dutiable transactions

201SMAIndexation and interest applying to deferred GAIC

201SNMethod of calculating indexation of deferred GAIC

201SOInterest payable on deferred GAIC

201SOARemission of interest by Commissioner

201SOBRemoval of liability for GAIC if land ceases to be in contribution area

201SOCApportionment of GAIC on issue of statement of compliance

201SPDeferred GAIC and interest must be paid to Commissioner by due date

201SPAATime for payment of apportioned and deferred GAIC on public purpose land subdivision

201SPADefault on payment of deferred GAIC

201SQDeferred GAIC becomes a charge on the land

Subdivision 4—Staged payment of GAIC

201SRApproval by Minister for staged payment of GAIC for subdivisions or building works

201SRASubsequent owner of land in respect of which approval granted liable to pay GAIC

201SSTime for paying GAIC does not apply if approval for staged payment

201STInterest payable on GAIC subject to staged payment

201SUMinister must give person notice of staged payment approval

201SVStaged payment approval payments to be paid to Commissioner

201SWGAIC subject to staged payment is a charge on land

Subdivision 5—Certificates and notice issued by Commissioner relating to GAIC

201SXCommissioner to give certain certificates to persons relating to their GAIC liability

201SYCertificate of release

201SZCertificate of deferral

201SZACertificate of staged payment approval

201SZBCertificate of partial release

201SZCCertificate of exemption

201SZDCertificate of no GAIC liability

201SZECertificates issued under this Subdivision

201SZFGAIC certificate

201SZGNotice to Registrar regarding registration of subdivision or transfer of land

201SZHCommissioner may seek assistance for issuing certificates

201SZICertificate not to be taken as an assessment

Subdivision 6—GAIC to be paid into Consolidated Fund

201SZJCommissioner to pay GAIC into Consolidated Fund

Division 3—Exemptions and reductions of GAIC liability

Subdivision 2—Exemptions other than exemptions granted by Governor in Council

201TAExemption from paying GAIC if no consideration

201TBExemption from paying GAIC if duties exemption would apply

201TCExemption from paying GAIC for land dealings involving public authorities and councils

201TDExemption for transfer of land by owner to superannuation fund or to beneficiaries

Subdivision 3—Reductions and exemptions granted by the Governor in Council or Minister

201TEGovernor in Council may grant reduction or exemption of GAIC in certain circumstances

201TFReduction of GAIC if agreement to provide State infrastructure or funds

201TGNotice of determination of application

Division 4—Powers and duties of Victorian Planning Authority, Commissioner and Registrar of Titles regarding GAIC

201UVictorian Planning Authority to keep record of contribution area

201UAAccess to records and information relating to GAIC

201UAAVictorian Planning Authority to inform Commissioner when precinct structure plan applies to contribution area land

201UABVictorian Planning Authority may request council to provide information about contribution area land

201UBVictorian Planning Authority to notify the Registrar of land subject to GAIC

201UCApplication to remove recording on land relating to GAIC

201UDRegistrar to make a recording on land that may be subject to GAIC

201UERegistrar to remove recordings on land not subject to GAIC

201UFNo entitlement to compensation in connection with Registrar's duties

201UGRegistrar not to accept transfer unless accompanied by notice or application from Commissioner or Victorian Planning Authority

Division 5—Growth areas funds

201VEstablishment of growth areas funds

201VAApplication of Growth Areas Public Transport Fund

201VBApplication of Building New Communities Fund

201VCDepartment and Victorian Planning Authority to report on GAIC and growth area funds

Part 10—Regulations

202General regulation-making powers

203Fees regulations

Part 11—Repeals, transitional and savings

206Savings generally

207Schemes and orders

208Permits

211Savings for permits issued in accordance with revoked scheme or order

212Savings for appeals determined in accordance with revoked scheme or order

213Transitional provisions

214Transitional provisions

215Transitional—Planning and Environment (General Amendment) Act 2004

216Transitional—Amendment of permits

217Transitional—Planning and Environment Amendment Act 2007

218Transitional provisions—Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011

220Transitional provisions—Duties Amendment (Landholder) Act 2012

220ATransitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013

220BTransitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013

221Transitional provisions—Planning and Environment Amendment (General) Act 2013

222Transitional provisions—State Taxation Acts Further Amendment Act 2016

223Transitional provisions—Victorian Planning Authority Act 2017

225Transitional provision—Project Development and Construction Management Amendment Act 2020

226Transitional provisions about publication and inspection requirements—Planning and Environment Amendment Act 2021

227Transitional provision about directions—Planning and Environment Amendment Act 2021

228Transitional and savings provisions—Building and Planning Legislation Amendment Act 2023

229Transitional provisions—State Taxation Acts Amendment Act 2023

230Transitional provisions—Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024

231Transitional provisions—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025

Schedules

Schedule 1––Growth areas infrastructure contribution

Schedule 2—Metropolitan Melbourne

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 163

Planning and Environment Act 1987

No. 45 of 1987

Version incorporating amendments as at

26 November 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to establish a framework for planning the use, development and protection of land in Victoria in the present and long-term interests of all Victorians.

2Commencement

(1)Part 1 and section 204 come into operation on the day on which this Act receives the Royal Assent.

(2)The rest of this Act comes into operation on a day or days to be proclaimed.

3Definitions

(1)In this Act—

*                *                *                *                *

affordable housing has the meaning given by section 3AA;

amendment includes addition, deletion or substitution;

approved development contributions plan—see section 46H;

approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

approved infrastructure contributions plan—see section 46GA;

area includes two or more areas of land that are not adjoining;

audio link has the same meaning as in section 42C of the Evidence (Miscellaneous Provisions) Act 1958;

audio visual link has the same meaning as in section 42C of the Evidence (Miscellaneous Provisions) Act 1958;

building includes—

(a)a structure and part of a building or a structure; and

(b)fences, walls, out-buildings, service installations and other appurtenances of a building; and

(c)a boat or a pontoon which is permanently moored or fixed to land;

building permit has the same meaning as in Part 3 of the Building Act 1993;

building work has the same meaning as in section 3(1) of the Building Act 1993;

business day means a day other than—

(a)a Saturday or a Sunday; or

(b)a day appointed under the Public Holidays Act 1993 as a public holiday or public half-holiday;

collecting agency—see section 46GA;

Commissioner means the Commissioner of State Revenue referred to in section 62 of the Taxation Administration Act 1997;

committee of management means a committee of management of Crown lands appointed under an Act;

conservation includes preservation, maintenance, sustainable use, and restoration of the natural and cultural environment;

construct includes reconstruct or make structural changes;

consumer price index means the all groups consumer price index for Melbourne in original terms published by the Australian Bureau of Statistics;

Crown land means land which is or is deemed to be unalienated land of the Crown and includes—

(a)land of the Crown reserved permanently or temporarily by or under an Act; and

(b)land of the Crown occupied by a person under a lease licence or other right;

declared area means an area to which an order under section 46AO applies;

declared area framework plan means a plan described in section 46AV(2);

declared area planning scheme means a planning scheme applying to land that is wholly or partially within a declared area;

Department means the Department of Transport and Planning;

Department Head has the same meaning as in the Public Administration Act 2004;

determining referral authority means, in relation to an application for a permit or an amendment to a permit, a person or body that a planning scheme specifies as a determining referral authority for applications of that kind;

development includes—

(a)the construction or exterior alteration or exterior decoration of a building; and

(b)the demolition or removal of a building or works; and

(c)the construction or carrying out of works; and

(d)the subdivision or consolidation of land, including buildings or airspace; and

(e)the placing or relocation of a building or works on land; and

(f)the construction or putting up for display of signs or hoardings;

development agency—see section 46GA;

emissions reductions target means—

(a)an interim emissions reduction target within the meaning of the Climate Action Act 2017; and

(b)a long-term emissions reduction target within the meaning of the Climate Action Act 2017;

Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road scenic landscapes area planning scheme means a planning scheme applying to land that is wholly or partially within the Great Ocean Road scenic landscapes area;

Great Ocean Road settlement boundary has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road settlement boundary amendment means an amendment under this Act that alters a Great Ocean Road settlement boundary in a planning scheme;

Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Greater Yarra Urban Parklands has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

green wedge management plan means a plan prepared under section 46AE(1);

growth area means an area of land for the time being declared under section 201RAA;

*                *                *                *                *

Head, Transport for Victoria has the same meaning as it has in section 3 of the Transport Integration Act 2010;

heritage building means a building which is a place, or forms part of a place, that has been given heritage protection under a planning scheme;

ICP plan area—see section 46GA;

infrastructure contributions plan—see section 46GG;

inner public purpose land—see section 46GA;

land includes—

(a)buildings and other structures permanently fixed to land; and

(b)land covered with water; and

(c)any estate, interest, easement, servitude, privilege or right in or over land;

land credit amount—see section 46GA;

land equalisation amount—see section 46GF;

leviable planning permit application has the meaning given in section 96P;

levy certificate means—

(a)a certificate issued under section 96T; or

(b)a revised certificate issued under section 96U;

levy exemption certificate means a certificate granted under section 96UB;

low‑impact amendment means an amendment to a planning scheme referred to in section 16N(1);

metropolitan Melbourne means the aggregate area consisting of—

(a)the area within the municipal districts of the municipal councils set out in Schedule 2; and

(b)the area within the urban growth boundary specified in the planning scheme that is in force in the municipal district of the Mitchell Shire Council;

*                *                *                *                *

occupier includes a committee of management of Crown land;

owner—

(a)in relation to land which has been alienated in fee by the Crown and is under the operation of the Transfer of Land Act 1958 (other than land in an identified folio under that Act), means the person who is registered or entitled to be registered as proprietor, or the persons who are registered or entitled to be registered as proprietors, of an estate in fee simple in the land; and

(b)in relation to land which has been alienated in fee by the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of the Transfer of Land Act 1958, means the person who is the owner, or the persons who are the owners, of the fee or equity of redemption; and

(c)in relation to Crown land reserved under the Crown Land (Reserves) Act 1978 and managed or controlled by a committee of management, means—

(i)in Part 3, if the land is agreement land within the meaning of the Traditional Owner Settlement Act 2010, each of the following—

(A)the traditional owner group entity within the meaning of Traditional Owner Settlement Act 2010 for the land;

(B)the Minister administering the Crown Land (Reserves) Act 1978;

(ii)in any other case, the Minister administering the Crown Land (Reserves) Act 1978; and

(d)in relation to any other Crown land, means—

(i)in Part 3, if the land is agreement land within the meaning of the Traditional Owner Settlement Act 2010, each of the following—

(A)the traditional owner group entity within the meaning of Traditional Owner Settlement Act 2010 for the land;

(B)the Minister or public authority that manages or controls the land;

(ii)in any other case, the Minister or public authority that manages or controls the land;

permit includes any plans, drawings or other documents approved under a permit;

personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;

Planning Application Committee means the Planning Application Committee established under Part 4AA;

police officer has the same meaning as in the Victoria Police Act 2013;

Port of Melbourne Area means—

(a)the land shown red on plan numbered LEGL./02–023 and lodged in the Central Plan Office; and

(b)any area included in the Port of Melbourne Area under subsection (3)—

but excludes any area excluded from the Port of Melbourne Area under subsection (3);

precinct structure plan in relation to land means a precinct structure plan which has been incorporated by the planning scheme applying to that land;

principal registrar means principal registrar of the Tribunal;

protected settlement boundary means a settlement boundary in a declared area that is protected under a Statement of Planning Policy;

protected settlement boundary amendment means an amendment that alters a protected settlement boundary in a planning scheme;

public authority means a body established for a public purpose by or under any Act but does not include a municipal council;

public availability requirements—see section 197A;

public entity has the same meaning as in the Public Administration Act 2004;

public purpose includes any purpose for which land may be compulsorily acquired under any Act to which the Land Acquisition and Compensation Act 1986 applies;

recommending referral authority means, in relation to an application for a permit or an amendment to a permit, a person or body that a planning scheme specifies as a recommending referral authority for applications of that kind;

referral authority means a body or person specified in a planning scheme as—

(a)a determining referral authority; or

(b)a recommending referral authority;

referred wind energy facility permit means a permit required by a planning scheme to be obtained for the use or development of land as a wind energy facility, the application for which was referred to and determined by the Minister under Division 6 of Part 4;

registered restrictive covenant means a restriction within the meaning of the Subdivision Act 1988;

responsible entity has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

responsible public entity—

(a)in Part 3AAA, has the same meaning as it has in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017; and

(b)in Part 3AAB, means any of the following, in relation to a declared area—

(i)the Secretary (within the meaning of the Conservation, Forests and Lands Act 1987);

(ii)the water corporation responsible for the area in which the declared area is located;

(iii)a municipal council whose municipal district contains land in the declared area;

(iv)Parks Victoria established under Part 2 of the Parks Victoria Act 1998;

(v)the Victorian Planning Authority established under Part 2 of the Victorian Planning Authority Act 2017;

(vi)a Catchment Management Authority under the Catchment and Land Protection Act 1994 for a catchment and land protection region that contains land in the declared area;

(vii)the Head, Transport for Victoria within the meaning of the Transport Integration Act 2010;

(viii)Victorian Rail Track continued under section 116 of the Transport Integration Act 2010;

(ix)any committee of management or trustees under the Crown Land (Reserves) Act 1978 in relation to land in the declared area;

(x)any Traditional Owner Land Management Board established under Part 8A of the Conservation, Forests and Lands Act 1987 in relation to land in the declared area;

(xi)any other public entity prescribed to be a responsible public entity in relation to the declared area;

revocation order means an order made under section 46AQ(1);

road includes highway, street, lane, footway, square, court, alley or right of way, whether a thoroughfare or not and whether accessible to the public generally or not;

secretary in relation to a responsible authority or planning authority being—

(a)a Minister, means the Department Head of the Minister's department; and

(b)a municipal council, means the Chief Executive Officer of the council; and

(c)any other responsible authority or planning authority, means the Chief Executive Officer of the authority—

and includes any person for the time being authorised by the authority to exercise the powers and perform the duties of that office;

settlement boundary, in relation to a plan of an area, means the boundary marking the limit of urban development in that area;

statement of compliance means a statement of compliance issued under section 21 of the Subdivision Act 1988;

Statement of Planning Policy means a Statement of Planning Policy approved under Part 3AAB in relation to a declared area, as amended from time to time;

subdivision means the division of land into two or more parts which can be disposed of separately;

Suburban Rail Loop Authority means the Authority established by section 8 of the Suburban Rail Loop Act 2021;

Suburban Rail Loop Minister means the Minister administering section 65 of the Suburban Rail Loop Act 2021;

Suburban Rail Loop planning area declaration has the same meaning as in section 3 of the Suburban Rail Loop Act 2021;

Suburban Rail Loop program has the same meaning as in section 3 of the Suburban Rail Loop Act 2021;

Suburban Rail Loop program objectives has the same meaning as in section 3 of the Suburban Rail Loop Act 2021;

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

urban growth boundary means a boundary that is specified or is to be specified as an urban growth boundary in a planning scheme;

use in relation to land includes use or proposed use for the purpose for which the land has been or is being or may be developed;

Victoria Planning Provisions means the Victoria Planning Provisions approved under Part 1A as amended from time to time[1];

Victorian Planning Authority means the Victorian Planning Authority established under section 4 of the Victorian Planning Authority Act 2017;

water corporation has the same meaning as in the Water Act 1989;

wind energy facility means an electricity generation facility that generates electricity by converting wind energy into electricity;

works includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil;

Yarra protection principles has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra River land has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra Strategic Plan has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra Strategic Plan area has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017.

(2)If under the Public Administration Act 2004 the name of the Department of Transport and Planning is changed, the reference in the definition of Department in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

(3)The Governor in Council may by order published in the Government Gazette—

(a)include any area of land adjoining the Port of Melbourne Area in the Port of Melbourne Area; or

(b)exclude any area of land from the Port of Melbourne Area.

3AAMeaning of affordable housing

(1)For the purposes of this Act, affordable housing is housing, including social housing, that is appropriate for the housing needs of any of the following—

(a)very low income households;

(b)low income households;

(c)moderate income households.

(2)For the purposes of determining what is appropriate for the housing needs of very low income households, low income households and moderate income households, regard must be had to the matters specified by the Minister by notice published in the Government Gazette.

(3)Matters specified by the Minister by notice under subsection (2) cannot include price ranges or prices for the purchase or rent of housing.

(4)In this section—

low income households means households with a household income within the income range specified as a low income range by Order under section 3AB;

moderate income households means households with a household income within the income range specified as a moderate income range by Order under section 3AB;

social housing has the same meaning as in section 4(1) of the Housing Act 1983;

very low income households means households with a household income within the income range specified as a very low income range by Order under section 3AB.

3ABOrder in Council specifying income ranges

(1)The Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, may specify—

(a)a range of household income as a very low income range; and

(b)a range of household income as a low income range; and

(c)a range of household income as a moderate income range.

(2)An Order under this section may specify a range of household income as a very low income range, a low income range or a moderate income range by reference to statistical data published by the Australian Bureau of Statistics.

3ATransport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

4Objectives

(1)The objectives of planning in Victoria are—

(a)to provide for the fair, orderly, economic and sustainable use, and development of land;

(b)to provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity;

(c)to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria;

(d)to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value;

(e)to protect public utilities and other assets and enable the orderly provision and co‑ordination of public utilities and other facilities for the benefit of the community;

(f)to facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e);

(fa)to facilitate the provision of affordable housing in Victoria;

(g)to balance the present and future interests of all Victorians.

(2)The objectives of the planning framework established by this Act are—

(a)to ensure sound, strategic planning and co‑ordinated action at State, regional and municipal levels;

(b)to establish a system of planning schemes based on municipal districts to be the principal way of setting out objectives, policies and controls for the use, development and protection of land;

(c)to enable land use and development planning and policy to be easily integrated with environmental, social, economic, conservation and resource management policies at State, regional and municipal levels;

(d)to ensure that the effects on the environment are considered and provide for explicit consideration of social and economic effects when decisions are made about the use and development of land;

(da)to provide for explicit consideration of the policies and obligations of the State relating to climate change, including but not limited to greenhouse gas emissions reduction targets and the need to increase resilience to climate change, when decisions are made about the use and development of land;

(e)to facilitate development which achieves the objectives of planning in Victoria and planning objectives set up in planning schemes;

(f)to provide for a single authority to issue permits for land use or development and related matters, and to co-ordinate the issue of permits with related approvals;

(g)to encourage the achievement of planning objectives through positive actions by responsible authorities and planning authorities;

(h)to establish a clear procedure for amending planning schemes, with appropriate public participation in decision making;

(i)to ensure that those affected by proposals for the use, development or protection of land or changes in planning policy or requirements receive appropriate notice;

(j)to provide an accessible process for just and timely review of decisions without unnecessary formality;

(k)to provide for effective enforcement procedures to achieve compliance with planning schemes, permits and agreements;

(l)to provide for compensation when land is set aside for public purposes and in other circumstances.

4AAObligations of Department Head in relation to Yarra River land

(1)The Department Head of the Department—

(a)must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Department Head when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and

(b)must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the Department Head, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by the Department Head of the Department in relation to—

(a)a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b)a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

4ABObligations of Department Head in relation to declared areas

(1)The Department Head of the Department, when performing a function or duty or exercising a power under this Act in relation to a declared area—

(a)must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Department Head; and

(b)must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Department Head; and

(c)must have regard to the principles set out in section 46AZL.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by the Department Head of the Department in relation to—

(a)a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b)a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

4ACObligations of Department Head in relation to the Great Ocean Road region

(1)The Department Head of the Department, when performing a function or duty or exercising a power under this Act—

(a)must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Department Head in relation to the Great Ocean Road scenic landscapes area; and

(b)must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and

(c)must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Department Head in relation to the Great Ocean Road region.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by the Department Head of the Department in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.

PART 1A—VICTORIA PLANNING PROVISIONS[2]

4AVictoria Planning Provisions

(1)To assist in providing a consistent and

co-ordinated framework for planning schemes in Victoria, the Minister may prepare and approve standard planning provisions to be called the Victoria Planning Provisions.

(2)The Victoria Planning Provisions may contain any matter which may be included in a planning scheme under section 6.

(3)The Minister must publish notice of the approval of the Victoria Planning Provisions in the Government Gazette.

4BAmendment of Victoria Planning Provisions

(1)The Minister may at any time prepare an amendment to the Victoria Planning Provisions.

(2)The Minister may authorise any other Minister or any public authority or municipal council to prepare an amendment to the Victoria Planning Provisions.

(3)Subject to subsection (4), sections 17 to 34 and Part 8 apply to the preparation of an amendment to the Victoria Planning Provisions as if—

(a)the amendment were an amendment to a planning scheme prepared under Part 3; and

(b)the Minister or the authorised body or person were the planning authority.

(4)Sections 21(3), 22(3), 23(3) and 25(3) do not apply to the preparation of an amendment to the Victoria Planning Provisions.

4CApproval of amendment

(1)The Minister may—

(a)approve an amendment or part of an amendment to the Victoria Planning Provisions prepared by the Minister or submitted to the Minister under section 4B—

(i)with or without changes; and

(ii)subject to any conditions the Minister wishes to impose; or

(b)refuse to approve the amendment or part of the amendment.

(2)If the Minister approves only part of an amendment to the Victoria Planning Provisions that part becomes a separate amendment.

(3)The Minister may approve further parts of an amendment to the Victoria Planning Provisions at any time.

4DNotice of approval

The Minister must publish notice of the approval of an amendment to the Victoria Planning Provisions in the Government Gazette—

(a)if the Minister intends to make a copy of the approved amendment available in person in accordance with the requirements set out in section 197B, specifying the places at which any person may inspect a copy of the approved amendment; or

(b)if the Minister intends to make a copy of the approved amendment available electronically and on request in accordance with the requirements set out in sections 197C and 197D, specifying—

(i)the address of the Department's Internet site at which a copy of the approved amendment will be published; and

(ii)the Department's contact details for making a request to inspect a copy of the approved amendment.

4ECommencement

An amendment to the Victoria Planning Provisions comes into operation—

(a)when the notice of approval of the amendment is published in the Government Gazette; or

(b)on any later day or days specified in the notice.

4FApplication of planning scheme provisions to amendments to VPPs

Sections 38 and 39 apply as if the amendment to the Victoria Planning Provisions were an amendment to a planning scheme.

4GLodging of Victoria Planning Provisions and approved amendments

(1)The Minister must lodge the prescribed documents and a copy of the Victoria Planning Provisions and every approved amendment to the Victoria Planning Provisions with—

(a)each responsible authority; and

(b)each municipal council; and

(c)any other person or persons whom the Minister specifies.

(2)An amendment must be lodged before notice of approval of the amendment is published in the Government Gazette.

4HInspection and electronic publication of approved amendments

(1)During the inspection period, each relevant person must make a copy of an approved amendment to the Victoria Planning Provisions, and any documents lodged with it, available in accordance with the public availability requirements.

(2)After the inspection period ends, each relevant person must make a copy of the approved amendment and any documents lodged with it available—

(a)in person in accordance with the requirements set out in section 197B; and

(b)on payment of the prescribed fee. 

(3)In this section—

inspection period means the period of 2 months beginning on the day on which the approved amendment comes into operation;

relevant person means the following persons—

(a)the Minister;

(b)a responsible authority;

(c)a person with whom a copy of an approved amendment is lodged under section 4G.

4IWho must keep and make available a copy of the Victoria Planning Provisions?

(1)Each relevant person must keep a copy of the Victoria Planning Provisions incorporating all amendments to them and all documents lodged with those amendments.

(2)Each relevant person must make a copy of the Victoria Planning Provisions incorporating all amendments to them, and all documents lodged with those amendments, available in accordance with the public availability requirements.

(3)In this section—

relevant person means the following persons—

(a)the Minister;

(b)a responsible authority;

(c)a person with whom a copy of an approved amendment is lodged under section 4G.

4JAmendment of planning schemes by Victoria Planning Provisions

(1)An amendment to the Victoria Planning Provisions may also provide for an amendment to one or more specified planning schemes.

(2)On the approval of an amendment to the Victoria Planning Provisions which provides for an amendment to a planning scheme, the amendment to the planning scheme is deemed to be approved under Part 3.

(3)The notice of the approval of the amendment to the Victoria Planning Provisions given under section 4D is deemed also to be notice of the approval under Part 3 of each amendment of a planning scheme provided for in the amendment to the Victoria Planning Provisions.

(4)An amendment to a planning scheme provided for in an amendment to the Victoria Planning Provisions comes into operation—

(a)when the amendment to the Victoria Planning Provisions comes into operation; or

(b)on any later day or days specified in the notice of approval of the amendment to the Victoria Planning Provisions given under section 4D.

(5)Part 3 (except Divisions 1 and 2 and sections 29 to 37) applies to an amendment to a planning scheme provided for in an amendment to the Victoria Planning Provisions.

(6)Nothing in section 8 limits the power of a person authorised under section 4B to prepare an amendment to a planning scheme under this section.

PART 2—PLANNING SCHEMES

5What are the planning schemes to which this Act applies?

This Act applies to any planning scheme approved under this Act as in force from time to time under this Act.

6What can a planning scheme provide for?

(1)A planning scheme for an area—

(a)must seek to further the objectives of planning in Victoria within the area covered by the scheme; and

*                *                *                *                *

(b)may make any provision which relates to the use, development, protection or conservation of any land in the area.

(2)Without limiting subsection (1), a planning scheme may—

(a)set out policies and specific objectives;

(b)regulate or prohibit the use or development of any land;

(c)designate land as being reserved for public purposes;

(d)include strategic plans, policy statements, codes or guidelines relating to the use or development of land[4];

(e)regulate or prohibit any use or development in hazardous areas or in areas which are likely to become hazardous areas;

(f)set out requirements for the provision of public utility services to land;

(fa)designate a Minister, public authority or municipal council as an acquiring authority for the purposes of this Act for land reserved for public purposes;

(g)subject to section 6A, regulate or provide for the creation, variation or removal of easements or restrictions under section 23 of the Subdivision Act 1988;

(ga)subject to section 6A, regulate or provide for the variation or removal of conditions in the nature of easements in Crown grants, under section 23 of the Subdivision Act 1988;

(gb)subject to section 6A, regulate or provide for the creation or removal of easements or rights of way under section 36 of the Subdivision Act 1988;

(h)require specified things to be done to the satisfaction of the responsible authority, a Minister, public authority, municipal council or referral authority;

(ha)require specified information to be provided with an application for a permit;

(hb)set out different procedures for particular classes of applications for permits;

(i)state the provisions of the planning scheme which would have applied to land reserved for a public purpose under the planning scheme if it had not been reserved for this purpose;

(j)apply, adopt or incorporate any document which relates to the use, development or protection of land;

(k)provide that any use or development of land is conditional on an agreement being entered into with the responsible authority or a referral authority;

(ka)set out classes of land, use or development exempted from section 96(1) or (2);

(kb)make any provision in relation to any of the things listed in the Table in section 24A(1) of the Subdivision Act 1988;

(kc)set out classes of applications for permits exempted wholly or in part from section 52(1) and set out notice requirements (if any) to apply in place of the requirements of that subsection;

(kca)set out classes of applications for permits that are exempted from the requirements of section 54;

(kcb)set out classes of applications for permits that are exempted wholly or in part from the requirements of section 60(1)(b) to (f), (1A) and (1B);

(kd)set out classes of applications the decisions on which are exempted from the requirements of section 64(1), (2) and (3) and section 82(1);

(kda)set out classes of applications for review that are exempted wholly or in part from the requirements of section 84B(2)(b) to (jb);

(ke)subject to subsection (3), specify what effect (if any) the planning scheme will have on a use or development of land for which a permit or certificate of compliance has been issued;

Planning and Environment (General Amendment) Act 2004, No. 81/2004

Assent Date:	16.11.04
Commencement Date:	23.5.05: Government Gazette 19.5.05 p. 930
CurrentState:	All of Act in operation

Planning and Environment (Development Contributions) Act 2004, No. 101/2004

Assent Date:	14.12.04
Commencement Date:	15.12.04: s. 2
CurrentState:	All of Act in operation

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 155) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Statute Law Revision Act 2005, No. 10/2005

Assent Date:	27.4.05
Commencement Date:	S. 3(Sch. 1 item 17) on 28.4.05: s. 2
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 81) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment (Williamstown Shipyard) Act 2005, No. 44/2005

Assent Date:	16.8.05
Commencement Date:	17.8.05: s. 2
CurrentState:	All of Act in operation

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 37) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment (Growth Areas Authority) Act 2006, No. 33/2006

Assent Date:	13.6.06
Commencement Date:	Ss 4–9 on 1.9.06: Government Gazette 31.8.06 p. 1816
CurrentState:	All of Act in operation

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 82) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Road Legislation (Projects and Road Safety) Act 2006, No. 81/2006

Assent Date:	10.10.06
Commencement Date:	S. 60 on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment Act 2007, No. 47/2007

Assent Date:	25.9.07
Commencement Date:	Ss 3–8, 10–17 on 26.9.07: s. 2(1); s. 9 on 1.9.08: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Public Administration Amendment Act 2009, No. 27/2009

Assent Date:	17.6.09
Commencement Date:	Ss 24(1), 25 on 18.6.09: s. 2(1); s. 24(2) on 30.6.09: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning Legislation Amendment Act 2009, No. 66/2009

Assent Date:	17.11.09
Commencement Date:	Ss 3–5 on 18.11.09: s. 2
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	Ss 25(5)(Sch. 2 item 10), 203(1)(Sch. 6 item 35) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010, No. 23/2010

Assent Date:	1.6.10
Commencement Date:	Ss 3–5 on 8.6.10: Special Gazette (No. 212) 8.6.10 p. 1; ss 6–13 on 1.7.10: Special Gazette (No. 242) 25.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Local Government and Planning Legislation Amendment Act 2010, No. 58/2010

Assent Date:	14.9.10
Commencement Date:	Ss 36–43 on 24.9.10: Government Gazette 23.9.10 p. 2186
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 70) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011, No. 31/2011

Assent Date:	29.6.11
Commencement Date:	Ss 4, 5, 7–27 on 30.6.11: s. 2(1); s. 6 on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011

Assent Date:	15.11.11
Commencement Date:	S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 7 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (Schools) Act 2012, No. 2/2012

Assent Date:	14.2.12
Commencement Date:	15.2.12: s. 2
CurrentState:	All of Act in operation

Duties Amendment (Landholder) Act 2012, No. 38/2012

Assent Date:	27.6.12
Commencement Date:	Ss 16–25 on 1.7.12: s. 2
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 39) on 28.6.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (VicSmart Planning Assessment) Act 2012, No. 53/2012

Assent Date:	18.9.12
Commencement Date:	Ss 3–10 on 20.5.13: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (General) Act 2013, No. 3/2013 (as amended by No. 34/2013)

Assent Date:	19.2.13
Commencement Date:	Ss 3–6, 8–12, 15, 16, 37, 41, 47, 50, 56–69, 71(1), 72, 74, 75, 77–85 on 22.7.13: Special Gazette (No. 250) 2.7.13 p. 1; ss 14, 17–36, 38–40, 42–46, 48, 49, 51–55, 70, 71(2), 73, 76 on 28.10.13: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Traditional Owner Settlement Amendment Act 2013, No. 4/2013

Assent Date:	19.2.13
Commencement Date:	S. 30 on 8.3.13: Special Gazette (No. 70) 5.3.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013, No. 21/2013

Assent Date:	23.4.13
Commencement Date:	Ss 3–22 on 22.7.13: Special Gazette (No. 250) 2.7.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013

Assent Date:	18.6.13
Commencement Date:	S. 35(Sch. 2 item 7) on 1.7.13: s. 2
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 36) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 71) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 124) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014, No. 40/2014

Assent Date:	17.6.14
Commencement Date:	Ss 30–37 on 1.7.15: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:	27.6.14
Commencement Date:	S. 33(Sch. item 18) on 30.6.14: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014

Assent Date:	9.9.14
Commencement Date:	Ss 53, 54 on 10.9.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (Recognising Objectors) Act 2015, No. 30/2015

Assent Date:	11.8.15
Commencement Date:	Ss 3–5 on 12.10.15: Special Gazette (No. 294) 6.10.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (Infrastructure Contributions) Act 2015, No. 35/2015

Assent Date:	1.9.15
Commencement Date:	Ss 3–15 on 1.6.16: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

State Taxation and Other Acts Amendment Act 2016, No. 40/2016

Assent Date:	28.6.16
Commencement Date:	Ss 45–47 on 30.6.14: s. 2(2); s. 44 on 1.7.15: s. 2(4); s. 48 on 29.6.16: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

State Taxation Acts Further Amendment Act 2016, No. 66/2016

Assent Date:	15.11.16
Commencement Date:	Ss 8–25 on 16.11.16: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017

Assent Date:	14.2.17
Commencement Date:	S. 50(Sch. 1 item 4) on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Heritage Act 2017, No. 7/2017

Assent Date:	15.3.17
Commencement Date:	S. 305 on 1.11.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Victorian Planning Authority Act 2017, No. 11/2017

Assent Date:	27.3.17
Commencement Date:	Ss 55–97 on 1.7.17: Special Gazette (No. 150) 16.5.17 p. 1
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

State Taxation Acts Amendment Act 2017, No. 28/2017

Assent Date:	27.6.17
Commencement Date:	S. 79 on 28.6.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Act 2017, No. 47/2017

Assent Date:	26.9.17
Commencement Date:	Ss 7–9 on 15.11.17: Special Gazette (No. 388) 15.11.17 p. 1; ss 3–6 on 1.6.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017

Assent Date:	26.9.17
Commencement Date:	Ss 61, 62 on 1.12.17: s. 2(3); s. 63 on 24.2.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date:	24.10.17
Commencement Date:	S. 88 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (Public Land Contributions) Act 2018, No. 7/2018

Assent Date:	27.2.18
Commencement Date:	Ss 4–15, 23–25 on 2.7.18: Special Gazette (No. 305) 26.6.18 p. 1
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018

Assent Date:	29.5.18
Commencement Date:	Ss 3–5 on 30.5.18: s. 2
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Marine and Coastal Act 2018, No. 26/2018

Assent Date:	26.6.18
Commencement Date:	S. 96 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:	28.8.18
Commencement Date:	S. 49 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 33) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 items 77.2–77.4, 77.7–77.9) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 77.1, 77.5, 77.6) on 24.10.20: s. 2(3)(f)
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020

Assent Date:	24.4.20
Commencement Date:	S. 58 on 25.4.20: s. 2
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Great Ocean Road and Environs Protection Act 2020, No. 19/2020

Assent Date:	23.6.20
Commencement Date:	Ss 74−76 on 1.12.20: s. 2(2)
Current State:	This information relates only to the provisions amending the Planning and Environment Act 1987

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date:	20.10.20
Commencement Date:	S. 40 on 21.10.20: s. 2
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Project Development and Construction Management Amendment Act 2020, No. 30/2020

Assent Date:	27.10.20
Commencement Date:	Ss 26, 27 on 22.12.20: Special Gazette (No. 685) 22.12.20 p. 1
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment Act 2021, No. 12/2021

Assent Date:	23.3.21
Commencement Date:	Ss 13–59, 62–73 on 24.3.21: s. 2(1); ss 3–6, 8–12 on 7.7.21: Special Gazette (No. 372) 6.7.21 p. 1
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Suburban Rail Loop Act 2021, No. 43/2021

Assent Date:	19.10.21
Commencement Date:	Ss 116–131 on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Water and Catchment Legislation Amendment Act 2021, No. 48/2021

Assent Date:	3.11.21
Commencement Date:	S. 147 on 1.1.22: Special Gazette (No. 717) 14.12.21 p. 1
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021

Assent Date:	7.12.21
Commencement Date:	S. 32 on 8.12.21: s. 2(1)
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Building and Planning Legislation Amendment Act 2023, No. 1/2023

Assent Date:	28.2.23
Commencement Date:	Ss 35–39 on 1.3.23: s. 2
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

State Taxation Acts Amendment Act 2023, No. 18/2023

Assent Date:	27.6.23
Commencement Date:	Ss 84–104 on 28.6.23: s. 2(3)
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024, No. 9/2024

Assent Date:	26.3.24
Commencement Date:	Ss 15–19 on 26.3.25: s. 2(3)
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

State Taxation Amendment Act 2024, No. 22/2024

Assent Date:	4.6.24
Commencement Date:	Ss 18–21 on 5.6.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Transport Infrastructure and Planning Legislation Amendment Act 2024, No. 48/2024

Assent Date:	26.11.24
Commencement Date:	Ss 45–47 on 1.7.25: Special Gazette (No. 308) 17.6.25 p. 1
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, No. 6/2025[27]

Assent Date:	18.3.25
Commencement Date:	Ss 150–164, 173 on 15.10.25: Special Gazette (No. 557) 14.10.25 p. 1; ss 118–133, 135–149, 170–172 on 25.11.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch. 1 item 32) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025, No. 43/2025

Assent Date:	13.11.25
Commencement Date:	Ss 77, 78 on 14.11.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

State Taxation Further Amendment Act 2025, No. 48/2025

Assent Date:	25.11.25
Commencement Date:	S. 72 on 26.11.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Planning and Environment Act 1987

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 3(1) def. of Victoria Planning Provisions: Part 3 (ss 16A–27) of the Planning and Environment (Planning Schemes) Act 1996, No. 77/1996 reads as follows:

PART 3—TRANSITIONAL

S. 16A inserted by No. 77/2003 s. 8.

16ADefinition of Port of Melbourne Area

In this Part Port of Melbourne Area has the same meaning as it has in the Planning and Environment Act 1987.

17Existing Act to continue to apply to existing schemes

Despite the amendment of the Principal Act by this Act, the Principal Act as in force immediately before the commencement of this Act continues to apply in relation to—

(a)any planning scheme existing immediately before that commencement; and

(b)any amendment to a planning scheme of which notice was given under section 19 of the Principal Act but which had not been approved before that commencement; and

(c)any amendment to a planning scheme referred to in paragraph (a) prepared on or after that commencement.

18Municipal councils to prepare new schemes

(1)As soon as practicable after the commencement of this Act, each municipal council must prepare a planning scheme for its municipal district and for any area adjoining its municipal district for which it is a planning authority.

(2)Subject to this Part, the Principal Act as amended by this Act and the regulations under the Principal Act apply to the preparation of a planning scheme under this section as if it were an amendment to a planning scheme and the municipal council were the planning authority.

(3)Sections 96A to 96D do not apply in respect of a planning scheme prepared under this section.

S. 18(4) inserted by No. 77/2003 s. 9.

(4)This section does not apply to any part of a municipal district that is within the Port of Melbourne Area.

19Municipal councils to prepare municipal strategic statements

(1)The municipal council must prepare a municipal strategic statement for inclusion in the planning scheme prepared under section 18 on or before the date specified by the Minister in respect of that planning scheme.

(2)If a municipal council has not prepared a municipal strategic statement for inclusion in a planning scheme on or before the date specified by the Minister under subsection (1), the Minister may prepare a municipal strategic statement for inclusion in that planning scheme.

(3)Section 12A of the Principal Act as amended by this Act applies to the preparation of a municipal strategic statement under this section.

20Submission of planning scheme for approval

(1)The municipal council must submit a planning scheme prepared under section 18 to the Minister for approval under section 31 of the Principal Act on or before the date specified by the Minister in respect of that planning scheme.

(2)If the municipal council does not submit a planning scheme by the date specified by the Minister, the Minister may prepare and approve a planning scheme for that municipal district.

(3)The Principal Act (except sections 12(1)(a) and (e), 12(2), 12(3), Divisions 1 and 2 of Part 3 and section 39 and any regulations made for the purpose of those provisions) applies to the preparation and approval of a planning scheme by the Minister under subsection (2).

(4)A planning scheme approved under this section is deemed to be approved under the Principal Act.

(5)The municipal council must pay to the Crown the costs determined by the Governor in Council to be incurred by the Minister in preparing a planning scheme under this section for the council's municipal district.

21Minister may prepare planning scheme

(1)The Minister may prepare and approve a planning scheme under this Part for any part of Victoria outside a municipal district.

S. 21(1A) inserted by No. 77/2003 s. 10.

(1A)The Minister may prepare and approve a planning scheme under this Part for the Port of Melbourne Area.

(2)Subject to this Part, the Principal Act as amended by this Act and the regulations under the Principal Act apply to the preparation of a planning scheme under this section as if it were an amendment to a planning scheme and the Minister were the planning authority.

(3)Sections 96A to 96D do not apply in respect of a planning scheme prepared under this section.

22Validity of schemes

(1)A planning scheme prepared under this Part and approved or purporting to have been approved is deemed to have been duly approved in accordance with all of the requirements of this Part and the Principal Act and to be valid and effective in all respects.

(2)A planning scheme referred to in subsection (1) must not be called into question in any proceeding in any court or tribunal or in any proceeding by way of review under the Principal Act or this Part.

(3)Nothing in this section applies to an amendment to a planning scheme referred to in subsection (1).

23Issue of permits with schemes

(1)If—

(a)a municipal council prepares a planning scheme under this Part for an area; and

(b)the municipal council determines under section 96G(1)(c) of the Principal Act to recommend to the Minister that a permit be granted under Division 5 of Part 4 of the Principal Act—

the municipal council must give the owner and the occupier of land to which the proposed permit would apply at least 30 days notice of its intention to recommend to the Minister that a permit be granted under that Division in respect of the land.

(2)The notice must be accompanied by a copy of the proposed permit.

(3)The Principal Act applies in relation to a planning scheme prepared under this Part as if—

(a)in section 96E(1)(a) the words "as amended by the proposed amendment" were omitted; and

(b)for section 96G(1)(c) there were substituted—

"(c)the planning authority considers it appropriate that a permit be granted under this Division for any purpose for which the planning scheme would require a permit to be obtained.".

(4)Section 96I of the Principal Act applies in relation to a planning scheme prepared under this Part as if that section permitted the Minister—

(a)to grant a permit subject to any conditions the Minister thinks fit, if the Minister considers that it is appropriate that a permit be granted under that section for any purpose for which the planning scheme would require the permit to be obtained; and

(b)to grant any permit under that section within 3 months after the date of approval of the planning scheme.

S. 23(5) inserted by No. 72/1998 s. 10.

(5)If, in relation to a planning scheme prepared under this Part, the Minister grants a permit under section 96I of the Principal Act for the use of land or the development and use of land for an extractive industry, the permit may specify that the permit expires if the use is discontinued for a period (being not less than 2 years) specified in the permit.

S. 23(6) inserted by No. 72/1998 s. 10.

(6)If a permit specifies a period for expiry in accordance with subsection (5)—

(a)the permit expires if the use is discontinued for the period specified in the permit; and

(b)sections 68(2)(b) and 68(3)(d) of the Principal Act do not apply to that permit.

24Effect of new scheme

(1)On the commencement of a new planning scheme prepared under this Part in respect of an area, any planning scheme in force in that area immediately before that commencement is revoked.

(2)All acts matters or things of a continuing nature made, done or commenced under or in relation to a revoked scheme that could have been made, done or commenced under or in relation to the new planning scheme are to be taken, so far as relates to any period after the commencement of the new planning scheme, to have been made, done or commenced in relation to the new planning scheme.

(3)On and from the commencement of the new planning scheme—

(a)all proceedings commenced by or against a responsible authority under or in relation to the revoked scheme may be continued by or against the responsible authority for the new planning scheme; and

(b)any arrangement, contract or agreement entered into by or on behalf of a responsible authority in relation to the revoked scheme that could be entered into under the Principal Act in relation to the new planning scheme may be enforced by or against the responsible authority for the new planning scheme; and

(c)all rights and liabilities existing under or in relation to the revoked scheme immediately before the commencement of the new planning scheme continue under or in relation to the new planning scheme, to the extent that the new planning scheme has provisions to the like effect as provisions of the revoked scheme, and may be enforced by or against—

(i)the Minister, if they were rights and liabilities of or enforceable against the Minister immediately before that commencement; or

(ii)the responsible authority for the new planning scheme, if they were rights and liabilities of or enforceable against the responsible authority under or in relation to the revoked scheme immediately before that commencement.

25Applications for permits

(1)Any application for a permit in respect of land which was made under the Principal Act but which had not been decided before the commencement of a new planning scheme prepared under this Part and applying to that land must be decided in accordance with the provisions of the new planning scheme as in force at the date of the decision.

(2)Subject to subsection (3), Part 4 of the Principal Act as amended by this Act applies to an application referred to in subsection (1) as if a reference in that Part to a planning scheme were a reference to the new planning scheme.

(3)If notice had been given of an application under section 52 of the Principal Act before the commencement of the new planning scheme—

(a)any exemption in the new planning scheme from the giving of that notice does not apply; and

(b)any additional requirements for notice in the new planning scheme do not apply.

26Appeals

(1)If before the commencement of a new planning scheme prepared under this Part—

(a)the responsible authority had decided an application for a permit under the Principal Act in respect of land to which the new planning scheme applies; and

(b)an appeal against the decision had not been lodged before that commencement and the time for lodging had not expired; and

(c)an appeal is made to the Administrative Appeals Tribunal against that decision after that commencement—

the new planning scheme as in force at the date of the determination by the Tribunal applies to the hearing and determination of the appeal.

(2)If before the commencement of a new planning scheme prepared under this Part—

(a)the responsible authority had decided an application for a permit under the Principal Act in respect of land to which the new planning scheme applies; and

(b)an appeal had been lodged but not determined before that commencement—

the new planning scheme as in force at the date of the determination by the Tribunal applies to the hearing and determination of the appeal.

(3)If on an appeal referred to in this section, the Tribunal determines that a permit should be granted, the new planning scheme as in force for the time being applies to the grant of the permit and anything done under or in relation to the permit.

S. 27 amended by No. 77/2003 s. 11 (ILA s. 39B(1)).

27Supreme Court—limitation of jurisdiction

(1)It is the intention of section 22(2) to alter or vary section 85 of the Constitution Act 1975.

S. 27(2) inserted by No. 77/2003 s. 11.

(2)Without limiting subsection (1), it is the intention of section 22(2) (to the extent that it applies to any planning scheme prepared and approved by the Minister under section 21(1A) for the Port of Melbourne Area) to alter or vary section 85 of the Constitution Act 1975.

[2] Pt 1A (ss 4A–4J): See note 1.

[3] S. 6(1)(aa): See note 1.

[4] S. 6(2)(d): See note 1.

[5] S. 7: See note 1.

[6] S. 12(2)(aa): See note 1.

[7] S. 12(2)(ab): See note 1.

[8] S. 12(2)(b): Section 32(8) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:

32Transitional provisions: Amendment to planning schemes

(8)The amendment made to the Principal Act by section 25(d) applies only to an amendment of a planning scheme prepared on or after the date of commencement of this section.

[9] S. 12A: See note 1.

[10] S. 19(3): Section 32(3) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:

32Transitional provisions: Amendment to planning schemes

(3)The amendment made to the Principal Act by section 25(e) of this Act applies whether any notice required by section 19 of the Principal Act is given before on or after the date of commencement of this section.

[11] S. 21: Section 32(4) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:

32Transitional provisions: Amendment to planning schemes

(4)The amendment made to the Principal Act by section 25(f) of this Act applies only where a condition requiring notice is imposed under the Principal Act on or after the date of commencement of this section.

[12] S. 21: See note 1.

[13] S. 21A: Section 32(5) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:

32Transitional provisions: Amendment to planning schemes

(5)The amendments made to the Principal Act by section 8 of this Act apply to—

(a)a submission received on or after the date of commencement of this section; and

(b)a submission received before that date of commencement if at that date of commencement—

(i)the submission has not been referred to a panel; and

(ii)no notice under the Principal Act has been given to the makers of the submission.

[14] S. 22: See note 1.

[15] S. 23: Section 32(6) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:

32Transitional provisions: Amendment to planning schemes

(6)The amendment made to the Principal Act by section 25(h) of this Act applies to a submission whether received before on or after the date of commencement of this section.

[16] S. 23: See note 1.

[17] S. 25: See note 1.

[18] S. 25A: See note 1.

[19] S. 52(1A): Section 33(1) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:

33Transitional provisions: Application for permits

(1)The amendment made to the Principal Act by section 13 of this Act applies only to an application for a permit received on or after the date of commencement of this section.

[20] S. 52(1B): See note 19.

[21] S. 52(1C): See note 19.

[22] Pt 4 Div. 5 (ss 96A–96N): See note 1.

[23] S. 97 (repealed): Section 29(6) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:

29Statute law revision

(6)On and from 16 February 1988 until the coming into operation of section 43 of the Extractive Industries Act 1966, section 97(2)(a) of the Principal Act has effect and must be taken always to have had effect as if it referred to the Extractive Industries Advisory Committee instead of to the Extractive Industries Board.

[24] S. 161(2): See note 1.

[25] Pt 9 Div. 2: Section 31(3) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:

31Transitional provisions: Crown land owners and occupiers

(3)Division 2 of Part 9 of the Principal Act continues to apply to an agreement entered into between a responsible authority and the occupier of Crown land before the date of commencement of this section, as if section 4 of this Act had not been enacted.

[26] S. 201D: See note 1.

[27] Table of Amendments (Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025): The amendment proposed by section 161(3) of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, No. 6/2025 is not included in this publication as the words "hear evidence any submissions" do not appear in section 161(4).

Section 161(3) reads as follows:

161Section 161 amended

(3)In section 161(4) of the Planning and Environment Act 1987, for "hear evidence any submissions" substitute "consider evidence and further submissions".