Planning and Environment (Amendment) Act 1998 (Vic)

Planning and Environment (Amendment) Act 1998

Act No. 72/1998

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	New Part 3C inserted	2
PART 3C—MELBOURNE AIRPORT ENVIRONS
STRATEGY PLAN	2
46R. Definitions	2

46S.	Melbourne Airport Environs Area	3
46T.	Preparation of strategy plan	3
46U.	Approval of Parliament needed	4
46V.	Availability of amendment	4

46W. Amendment of approved strategy plan 5

46X.	Planning schemes to comply with approved strategy plan	5
46Y.	Works to be in conformity with approved strategy plan	6

4.	Conditions on permits	6
5.	Matters Tribunal to take into account	6
6.	Panel fees	7
7.	Advisory committees	7
8.	Statute law revision	8
9.	Amendment of Environment Effects Act 1978	8
10.	Amendment of Planning and Environment (Planning
Schemes) Act 1996	8

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NOTES 10

i

Victoria

No. 72 of 1998

Planning and Environment

(Amendment) Act 1998†

[Assented to 4 November 1998]

The Parliament of Victoria enacts as follows:

1. Purposes

The main purposes of this Act are—

(a) to amend the Planning and Environment Act 1987—

(i)  to provide for a Melbourne Airport Environs Strategy Plan; and

(ii)  to generally improve the operation of that Act; and

Planning and Environment (Amendment) Act 1998

Act No. 72/1998 s. 2

(b)	to amend the Environment Effects Act 1978; and
(c)	to amend the Planning and Environment (Planning Schemes) Act 1996.

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal

Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 July 1999, it

comes into operation on that day.

3. New Part 3C inserted

After Part 3B of the Planning and Environment

Act 1987 insert—

'PART 3C—MELBOURNE AIRPORT

ENVIRONS STRATEGY PLAN

46R. Definitions

(1) In this Part—

"approved strategy plan" means the

Melbourne Airport Environs Strategy Plan approved under section 46U(2) as that plan is amended from time to time under this Part;

"Melbourne Airport Environs Area"

means—

(a) the Melbourne Airport Environs
Area declared by order under
section 46S(1); and

Planning and Environment (Amendment) Act 1998

s. 3 Act No. 72/1998

(b)

any area included in the under section 46S(2)—

but excludes any area excluded from
the Melbourne Airport Environs Area

under section 46S(2).

46S. Melbourne Airport Environs Area

(1) The Governor in Council may by order

published in the Government Gazette declare
an area of land to be the Melbourne Airport

Environs Area.

(2) The Governor in Council may by order

published in the Government Gazette—

(a)	include any area of land in the Melbourne Airport Environs Area; or
(b)	exclude any area of land from the Melbourne Airport Environs Area.

46T. Preparation of strategy plan

(1) The Minister may at any time prepare a strategy plan for the Melbourne Airport Environs Area or any part of that area.

(2) The strategy plan is to be known as the

Melbourne Airport Environs Strategy Plan.

(3) Subject to section 46U, Part 3 (except

sections 36 to 39 and Division 4) applies to

the preparation of the strategy plan as if—

(a)	the plan were an amendment to a planning scheme; and
(b)	the Minister were the planning authority.

(4) The strategy plan may make provision with

respect to any matters referred to in section 6
and any other matters which the Minister

Planning and Environment (Amendment) Act 1998

Act No. 72/1998 s. 3

considers necessary or desirable to be

included in the plan.

46U. Approval of Parliament needed

(1) The Minister must cause the Melbourne

Airport Environs Strategy Plan to be laid
before each House of Parliament within
7 sitting days of that House after the plan is
approved under section 35.

(2) The strategy plan does not take effect unless it is also approved by a resolution passed by each House of Parliament within 10 sitting

days after it is laid before that House.

(3) The Minister must publish a notice of the

approval of the strategy plan under sub-
section (2) in the Government Gazette
specifying the place or places at which any
person may inspect the plan.

(4) The approved strategy plan comes into

operation—

(a)	when the notice of approval of the plan is published in the Government Gazette; or
(b)	on any later day or days specified in the notice.

46V. Availability of amendment

(1) The Minister must lodge the prescribed documents and a copy of the approved strategy plan with every municipal council

whose municipal district is wholly or partly
within the Melbourne Airport Environs Area.

(2) The approved strategy plan must be lodged before notice of the approval of the plan is published in the Government Gazette.

Planning and Environment (Amendment) Act 1998

s. 3 Act No. 72/1998

(3) The Minister and every municipal council

whose municipal district is wholly or partly
within the Melbourne Airport Environs Area
must make a copy of the approved strategy
plan and any documents lodged with it
available at their respective offices during
office hours for any person to inspect free of
charge for two months after the plan comes
into operation and after that period on
payment of the prescribed fee.

(4) The Minister and every municipal council

whose municipal district is wholly or partly
within the Melbourne Airport Environs Area
must keep a copy of the approved strategy
plan incorporating all amendments to it
available at their respective offices during
office hours for any person to inspect free of
charge.

46W. Amendment of approved strategy plan

(1) The Minister may at any time prepare an amendment to the approved strategy plan.

(2) Sections 46S to 46U and section 46V(1), (2) and (3) apply to the preparation and approval of an amendment to the approved strategy

plan as if the amendment were a strategy

plan.

46X. Planning schemes to comply with approved

strategy plan

Despite anything to the contrary in this Act, the Minister must not approve an amendment to a planning scheme under section 35 in relation to the Melbourne Airport Environs Area if the amendment is inconsistent with the approved strategy plan.

Planning and Environment (Amendment) Act 1998

Act No. 72/1998 s. 4

46Y. Works to be in conformity with approved

strategy plan

(1) Subject to sub-section (3), a government

department, public authority or municipal not in conformity with the approved strategy plan.

council must not carry out works in the

(2) If a government department, public authority

or municipal council considers that any works or undertakings which are not in conformity with the approved strategy plan
should be carried out, the department,
authority or council may make submissions
with respect to the proposed works and
undertakings to the Premier.

(3) After considering any submission under sub- section (2), the Premier, on the advice of the Minister, may, despite anything in any other Act, by order prohibit, either absolutely or

on such terms as he or she thinks fit, or
restrict or regulate the carrying out of the
works or undertakings or any part of them

specified in the order.'.

4. Conditions on permits

In section 62(2)(l) of the Planning and Environment Act 1987 after "1988" insert "and that the acquisition or removal will not result in an unreasonable loss of amenity in the area affected by the acquisition or removal".

5. Matters Tribunal to take into account

(1) After section 84B(1)(c) of the Planning and

Environment Act 1987 insert—

"(ca) must (where appropriate) take account of the

approved strategy plan under Part 3C;".

Planning and Environment (Amendment) Act 1998

s. 6 Act No. 72/1998

(2) After section 84B(1)(h) of the Planning and

Environment Act 1987 insert—
"(ha) must (where appropriate) have regard to any

amendment to the approved strategy plan under Part 3C adopted under this Act but not, as at the date on which the application

for review is determined, approved by the

Minister;".

6. Panel fees

After section 97E(5) of the Planning and
Environment Act 1987 insert—

"(6) The Minister may ask the applicant for the

permit or the owner of the land to which the
application relates to contribute an amount
specified by the Minister to the costs of the

panel.".

7. Advisory committees

After section 151(6) of the Planning and
Environment Act 1987 insert—

"(7) If the Minister establishes a committee under

this section to consider a request for the
preparation of an amendment to a planning
scheme, the Minister may ask the person
who requested the amendment to contribute
an amount specified by the Minister to the
costs of the advisory committee.

(8) If the Minister establishes a committee under

this section to consider a matter in a
proceeding which has been referred to the
Governor in Council for determination under
clause 58 of Schedule 1 to the Victorian
Civil and Administrative Tribunal Act
1998, the Minister may ask the following
person to contribute an amount specified by

Planning and Environment (Amendment) Act 1998

Act No. 72/1998 s. 8

the Minister to the costs of the advisory

committee—

(a)	if the proceeding relates to an application for a permit, the applicant for the permit; or
(b)	if the proceeding is for the review of a decision referred to in section 149(1)(a), (b) or (c), the applicant for the review.".

8. Statute law revision

In the Planning and Environment Act 1987—

(a)	in Part 4 omit the heading "Division 5— Extractive Industry";
(b)	in section 82B(4) for "Administrative Appeals Tribunal" substitute "Tribunal".

9. Amendment of Environment Effects Act 1978

After section 9(2) of the Environment Effects
Act 1978 insert—

"(3) If the Minister appoints one or more persons

under sub-section (1) to hold an inquiry into
any works or proposed works, the Minister
may ask the proponent of those works to
contribute an amount specified by the
Minister to the costs of the inquiry.".

10. Amendment of Planning and Environment (Planning Schemes) Act 1996

After section 23(4) of the Planning and
Environment (Planning Schemes) Act 1996
insert—

"(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

Planning and Environment (Amendment) Act 1998

s. 10 Act No. 72/1998

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.

(6) If a permit specifies a period for expiry in accordance with sub-section (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.".

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Planning and Environment (Amendment) Act 1998

Act No. 72/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 3 September 1998

Legislative Council: 21 October 1998

The long title for the Bill for this Act was "to amend the Planning and
Environment Act 1987, the Environment Effects Act 1978 and the
Planning and Environment (Planning Schemes) Act 1996 and for
other purposes."