Planning and Environment Amendment Act 2021 (Vic)
Planning and Environment Amendment Act 2021
No. 12 of 2021
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments in relation to heritage protection
3Definitions
4New section 6B inserted
5Decision on application
6New Division 2A of Part 6 inserted
7Consequential amendment—Building Act 1993
Part 3—Amendments in relation to compensation
8New section 98AAA inserted
9Right to compensation
10Compensation for removal or lapsing of reservation
11When is compensation payable by other authorities?
12Declaration of proposed reservation
Part 4—Amendments in relation to publication of notices, inspection of documents and panel hearings
Division 1—Amendments in relation to publication of notices and inspection of documents
13Definitions
14Section 4D substituted
15Section 4H substituted
16Section 4I substituted
17Section 18 substituted
18Who may make a submission?
19Section 26 substituted
20Notice of approval
21Section 41 substituted
22Section 42 substituted
23Section 46AI substituted
24Application of Division 5 of Part 4
25Approval of Statement of Planning Policy
26Procedure for ratification of protected settlement boundary amendment
27Application of Division 5 of Part 4 to protected settlement boundary amendment
28Procedure for ratification of amendment
29Application of Division 5 of Part 4 to amendment
30Approval of Parliament needed after appointed day
31Availability of amendment—Upper Yarra Valley and Dandenong Ranges regional strategy plan
32Approval of Parliament needed—Melbourne Airport Environs Strategy Plan
33Availability of amendment—Melbourne Airport Environs Strategy Plan
34Approval of Parliament needed—Williamstown Shipyard Site Strategy Plan
35Availability of approved strategy plan—Williamstown Shipyard Site Strategy Plan
36Responsible authority to keep register
37Section 51 substituted
38Referral authority to keep register
39Objections to applications for permits
40Section 70 substituted
41Notice of amendment, application and permit
42Application of provisions
43Notice of availability
44Section 179 substituted
45New Division 6A inserted in Part 9
Division 2—Amendments in relation to panel hearings
46Definitions
47Directions about hearings
48Hearings to be in public
49New section 160A inserted
50General procedure for hearings
51Who may appear before a panel?
52Section 163 substituted
Division 3—Repeal of Part 10A
53Part 10A repealed
Division 4—Transitional provisions
54New section 226 inserted
Part 5—Miscellaneous amendments in relation to other planning matters
Division 1—Expiry of permits for extractive industry and related uses
55New section 68A inserted
Division 2—Municipal strategic statements
56What can a planning scheme provide for?
57Structure of planning schemes
58What are the duties and powers of planning authorities?
59Section 12A repealed
60Consequential amendment to the Environment Protection Act 1970
61Consequential amendment to the Public Health and Wellbeing Act 2008
Division 3—Victorian Planning Authority
62Infrastructure contributions plans
63Development contributions plan
64Plans not to apply to certain growth area land for provision of State infrastructure
Division 4—Other amendments
65What can a planning scheme provide for?
66Authorised Ministers and authorities are planning authorities
67What are the duties and powers of planning authorities?
68Abandonment of amendment
69To which amendments does this Division apply?
70Extension of time
71New section 185B inserted
72Section 185AA renumbered as section 186AA
Division 5—Transitional provisions
73New section 227 inserted
Part 6—Repeal of this Act
74Repeal of this Act
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Endnotes
1 General information
Planning and Environment Amendment Act 2021
No. 12 of 2021
[Assented to 23 March 2021]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Planning and Environment Act 1987—
(i)in relation to the protection of buildings that have heritage significance; and
(ii)in relation to compensation; and
(iii)in relation to the publication of notices, the inspection of documents and panel hearings; and
(iv)to make other miscellaneous amendments; and
(b)to make consequential amendments to other Acts.
2Commencement
(1)This Part and Parts 4, 5 and 6 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (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 subsection (2) does not come into operation before 1 February 2022, it comes into operation on that day.
Part 2—Amendments in relation to heritage protection
3Definitions
In section 3(1) of the Planning and Environment Act 1987 insert the following definition—
"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;".
4New section 6B inserted
After section 6A of the Planning and Environment Act 1987 insert—
"6B Heritage buildings
(1)Without limiting section 6, a planning scheme may make provision for the additional matters set out in subsection (2) for any of the following purposes—
(a)to further the objectives of planning in Victoria within the area covered by the scheme;
(b)to deter persons from—
(i)unlawfully demolishing heritage buildings; or
(ii)allowing heritage buildings to fall into disrepair;
(c)to prevent persons from obtaining a benefit from—
(i)unlawfully demolishing heritage buildings; or
(ii)allowing heritage buildings to fall into disrepair.
(2)For the purposes of subsection (1), the additional matters are—
(a)to regulate or prohibit the development of land on which there is or was a heritage building that has been unlawfully demolished, in whole or in part, or fallen into disrepair; and
(b)to require that a permit must not be granted for the development of land on which there is or was a heritage building that has been unlawfully demolished, in whole or in part, or fallen into disrepair, unless the development is for or includes—
(i)the reconstruction or reinstatement of the building, in whole or in part; or
(ii)the repair of the building.".
5Decision on application
At the foot of section 61(1) of the Planning and Environment Act 1987 insert—
"Note
The responsible authority must refuse to grant a permit if an Order under section 131 is in effect and applies to the land to which the permit application relates unless the permit is for a use or development that is specified in the Order as an exception—see section 132(1)(c) and (2).".
6New Division 2A of Part 6 inserted
After Division 2 of Part 6 of the Planning and Environment Act 1987 insert—
"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
(1)The Governor in Council, by Order published in the Government Gazette, may declare any one or more of the following—
(a)that land must not be developed or continue to be developed;
(b)that land must not be developed or continue to be developed, except as specified in the Order;
(c)that land must not be used, except as specified in the Order.
(2)An Order may only be made under subsection (1) if a person has been found guilty of an offence under section 126(1), (2) or (3) in relation to the unlawful demolition of a heritage building, or part of a heritage building, on the land that is to be the subject of the Order.
(3)An Order under subsection (1)—
(a)must specify the period of time for which the Order has effect; and
(b)must not be made more than once in relation to the same conduct.
(4)The Governor in Council, by Order published in the Government Gazette, may amend an Order under subsection (1).
(5)An amendment to an Order may extend the period of time for which the Order has effect, but the total period of time for which the Order has effect must not exceed 10 years.
132Effect of Order
(1)While an Order under section 131 is in effect—
(a)a permit that was granted under this Act before the Order took effect in relation to the land the subject of the Order is of no force or effect; and
(b)a building permit that was issued before the Order took effect in relation to the land the subject of the Order is of no force or effect; and
(c)a responsible authority must refuse to grant a permit under this Act in relation to the land the subject of the Order; and
(d)a relevant building surveyor must refuse a building permit in relation to the land the subject of the Order.
(2)Subsection (1)(a) and (c) do not apply in relation to a permit or the grant of a permit under this Act for a use or development that is specified in the Order under section 131(1)(b) or (c) as an exception.
(3)Subsection (1)(b) and (d) do not apply in relation to a building permit or the issue of a building permit for building work in respect of a development that is specified in the Order under section 131(1)(b) as an exception.
(4)A permit granted in contravention of subsection (1)(c) is invalid and of no force or effect.
(5)A building permit issued in contravention of subsection (1)(d) is invalid and of no force or effect.
132ANothing in Order prevents emergency order
Nothing in an Order under section 131 prevents the making or otherwise affects the operation of an emergency order under Division 1 of Part 8 of the Building Act 1993.".
7Consequential amendment—Building Act 1993
At the foot of section 19(1) of the Building Act 1993 insert—
"Note
The relevant building surveyor must refuse a permit if an Order under section 131 of the Planning and Environment Act 1987 is in effect and applies to the land to which the permit application relates unless the permit is for building work in respect of a development that is specified in the Order as an exception—see section 132 of that Act.".
Part 3—Amendments in relation to compensation
8New section 98AAA inserted
Before section 98AA of the Planning and Environment Act 1987 insert—
"98AAA Part 5 to not apply to inner public purpose land
This Part does not apply to inner public purpose land (within the meaning of section 46GA).".
9Right to compensation
(1)In section 98(1) of the Planning and Environment Act 1987—
(a)in paragraph (a), before "the land" insert "subject to subsection (1A),";
(b)in paragraph (b), before "the land" insert "subject to subsection (1B),".
(2)After section 98(1) of the Planning and Environment Act 1987 insert—
'(1A)Subsection (1)(a) only applies if the provision of the planning scheme that has been applied to and reserves the land expressly states as a purpose "to reserve land for a public purpose".
(1B)Subsection (1)(b) only applies if the provision of the planning scheme that is to be applied to and reserve the land (as a result of the proposed amendment) expressly states as a purpose "to reserve land for a public purpose".'.
(3)In section 98(2) of the Planning and Environment Act 1987, for "The owner" substitute "Subject to subsection (2A), the owner".
(4)After section 98(2) of the Planning and Environment Act 1987 insert—
"(2A)Subsection (2) does not apply if the planning scheme prohibits or otherwise prevents the type of use or development that has been applied for in the permit application.".
(5)In section 98(3)(b) of the Planning and Environment Act 1987, for "payable; or" substitute "payable.".
(6)Section 98(3)(c) and (d) of the Planning and Environment Act 1987 are repealed.
(7)For section 98(5) of the Planning and Environment Act 1987 substitute—
"(5)In subsection (1)—
planning authority means—
(a)in relation to a claim under subsection (1)(a), the planning authority that prepared the planning scheme or amendment that reserved the land for a public purpose; or
(b)in relation to a claim under subsection (1)(b), the planning authority that prepared the proposed amendment to the planning scheme that shows the land as being reserved for a public purpose; or
(c)in relation to a claim under subsection (1)(c), the Minister, public authority or municipal council specified in the declaration as responsible for the proposal; or
(d)in relation to a claim under subsection (1)(d), the planning authority that prepared the planning scheme or amendment that restricted access to the land by the closure of a road.".
10Compensation for removal or lapsing of reservation
(1)In section 107(1) of the Planning and Environment Act 1987—
(a)in paragraph (a), before "the amendment" insert "subject to subsection (1A),";
(b)in paragraph (b), before "the lapsing" insert "subject to subsection (1B),".
(2)After section 107(1) of the Planning and Environment Act 1987 insert—
'(1A)Subsection (1)(a) only applies if the provision of the planning scheme that reserved the land and has been removed (by the amendment) expressly states as a purpose "to reserve land for a public purpose".
(1B)Subsection (1)(b) only applies if the provision of the planning scheme that was to be applied to and reserve the land (as a result of the proposed amendment which has lapsed) expressly states as a purpose "to reserve land for a public purpose".'.
11When is compensation payable by other authorities?
In section 109(1) of the Planning and Environment Act 1987—
(a)in paragraph (a), for "purpose; or" substitute "purpose.";
(b)paragraph (b) is repealed.
12Declaration of proposed reservation
At the end of section 113 of the Planning and Environment Act 1987 insert—
"(2)If a declaration under subsection (1) is made at the request of a Minister, public authority or municipal council, the declaration must specify the requesting Minister, public authority or municipal council as responsible for the proposal.".
Part 4—Amendments in relation to publication of notices, inspection of documents and panel hearings
Division 1—Amendments in relation to publication of notices and inspection of documents
13Definitions
In section 3(1) of the Planning and Environment Act 1987 insert the following definitions—
"personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;
public availability requirements—see section 197A;".
14Section 4D substituted
For section 4D of the Planning and Environment Act 1987 substitute—
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.".
15Section 4H substituted
For section 4H of the Planning and Environment Act 1987 substitute—
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.".
16Section 4I substituted
For section 4I of the Planning and Environment Act 1987 substitute—
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.".
17Section 18 substituted
For section 18 of the Planning and Environment Act 1987 substitute—
18Availability of amendment"
(1)Each relevant person must make the documents specified in subsection (2) available in accordance with the public availability requirements.
(2)For the purposes of subsection (1), the documents are—
(a)a copy of a proposed amendment to a planning scheme prepared by a planning authority; and
(b)a copy of the explanatory report in respect of the proposed amendment; and
(c)a copy of any document that is applied, adopted or incorporated in the proposed amendment; and
(d)a copy of any accompanying agreement to the proposed amendment referred to in section 17(2).
(3)Each relevant person must make the documents available under subsection (1) until the proposed amendment is approved or lapses.
(4)In this section—
relevant person means the following persons—
(a)the planning authority that prepared the proposed amendment;
(b)a person who is given a copy of a proposed amendment under section 17(1)(a) or (c).".
18Who may make a submission?
For section 21(2) of the Planning and Environment Act 1987 substitute—
"(2)The planning authority must make a copy of every submission available in accordance with the public availability requirements until the end of 2 months after the amendment comes into operation or lapses.".
19Section 26 substituted
For section 26 of the Planning and Environment Act 1987 substitute—
26Reports to be made public"
(1)At any time after the planning authority receives the panel's report, the planning authority may make the report available in person in accordance with the requirements set out in section 197B.
(2)During the inspection period, the planning authority must make the panel's report available in accordance with the public availability requirements.
(3)In this section—
inspection period means the period—
(a)beginning on the earlier of the following days—
(i)the day after the day on which the planning authority decides whether or not to adopt the amendment;
(ii)the day that is 10 business days after the day the planning authority received the panel's report; and
(b)ending on the day that is 2 months after the day on which either of the following occurs—
(i)the amendment comes into operation;
(ii)the amendment lapses.".
20Notice of approval
For section 36(1) of the Planning and Environment Act 1987 substitute—
"(1)The Minister must publish notice of the approval of an amendment 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.".
21Section 41 substituted
For section 41 of the Planning and Environment Act 1987 substitute—
41Who must keep a copy of an approved amendment for inspection?"
(1)During the inspection period, each relevant person must make a copy of an approved amendment to a planning scheme, 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 the 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 amendment comes into operation;
relevant person means the following persons—
(a)the Minister;
(b)a responsible authority;
(c)a planning authority;
(d)any person with whom a copy of an approved amendment is lodged under section 40.".
22Section 42 substituted
For section 42 of the Planning and Environment Act 1987 substitute—
42Who must keep a copy of a planning scheme?"
(1)Each relevant person must keep a copy of the planning scheme incorporating all amendments to it and all documents lodged with those amendments under section 40.
(2)Each relevant person must make a copy of the planning scheme incorporating all amendments to it, and all documents lodged with those amendments under section 40, available in accordance with the public availability requirements.
(3)In this section—
relevant person means the following persons—
(a)the Minister;
(b)the responsible authority;
(c)the municipal council, if it is not the responsible authority.".
23Section 46AI substituted
For section 46AI of the Planning and Environment Act 1987 substitute—
46AINotice of ratification"
The Minister must publish notice of the ratification under section 46AG of an amendment in the Government Gazette—
(a)if the Minister intends to make a copy of the 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 amendment; or
(b)if the Minister intends to make a copy of the 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 amendment will be published; and
(ii)the Department's contact details for making a request to inspect a copy of the amendment.".
24Application of Division 5 of Part 4
For section 46AM(b) of the Planning and Environment Act 1987 substitute—
"(b)if the amendment is ratified under this Division, the notice under section 46AI must also—
(i)if the responsible authority intends to make a copy of the permit available in person in accordance with the requirements set out in section 197B, specify the places at which any person may inspect a copy of the permit; or
(ii)if the responsible authority intends to make a copy of the permit available electronically and on request in accordance with the requirements set out in sections 197C and 197D, specify—
(A)the address of the responsible authority's Internet site at which a copy of the permit will be published; and
(B)the responsible authority's contact details for making a request to inspect a copy of the permit.
Note
The responsible authority must make a copy of the permit available in accordance with the public availability requirements—see section 70.".
25Approval of Statement of Planning Policy
For section 46AY(2) of the Planning and Environment Act 1987 substitute—
"(2)The Minister must publish a notice of an approval under subsection (1) in the Government Gazette—
(a)if the Minister intends to make a copy of the Statement available in person in accordance with the requirements set out in section 197B, specifying a place at which any person may inspect a copy of the Statement; or
(b)if the Minister intends to make a copy of the Statement 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 Statement will be published; and
(ii)the Department's contact details for making a request to inspect a copy of the Statement.
Note
A Statement of Planning Policy is taken to form part of the State standard provisions of the Victoria Planning Provisions—see section 46AZ(2). The Minister 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—see section 4I.".
26Procedure for ratification of protected settlement boundary amendment
For section 46AZE(4) of the Planning and Environment Act 1987 substitute—
"(4)The Minister must publish a notice of the ratification of the protected settlement boundary amendment in the Government Gazette—
(a)if the Minister intends to make a copy of the amendment available in person in accordance with the requirements set out in section 197B, specifying a place at which any person may inspect a copy of the amendment; or
(b)if the Minister intends to make a copy of the 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 amendment will be published; and
(ii)the Department's contact details for making a request to inspect a copy of the amendment.
Note
Section 41(1) provides that the Minister must make a copy of an approved amendment to a planning scheme, and any documents lodged with it, available in accordance with the public availability requirements.".
27Application of Division 5 of Part 4 to protected settlement boundary amendment
For section 46AZH(b) of the Planning and Environment Act 1987 substitute—
"(b)if the amendment is ratified, the notice of ratification must also—
(i)if the responsible authority intends to make a copy of the permit available in person in accordance with the requirements set out in section 197B, specify the places at which any person may inspect a copy of the permit; or
(ii)if the responsible authority intends to make a copy of the permit available electronically and on request in accordance with the requirements set out in sections 197C and 197D, specify—
(A)the address of the responsible authority's Internet site at which a copy of the permit will be published; and
(B)the responsible authority's contact details for making a request to inspect a copy of the permit.
Note
Section 96M provides that sections 68 to 76D apply to permits granted under Division 5 of Part 4. Section 70 provides that a responsible authority must make a copy of every permit it issues available in accordance with the public availability requirements.".
28Procedure for ratification of amendment
For section 46AZQ(4) of the Planning and Environment Act 1987 substitute—
"(4)The Minister must publish a notice of the ratification of an amendment to which this Division applies in the Government Gazette—
(a)if the Minister intends to make a copy of the amendment available in person in accordance with the requirements set out in section 197B, specifying a place at which any person may inspect a copy of the amendment; or
(b)if the Minister intends to make a copy of the 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 amendment will be published; and
(ii)the Department's contact details for making a request to inspect a copy of the amendment.
Note
Section 41(1) provides that the Minister must make a copy of an approved amendment to a planning scheme, and any documents lodged with it, available in accordance with the public availability requirements.".
29Application of Division 5 of Part 4 to amendment
For section 46AZT(b) of the Planning and Environment Act 1987 substitute—
"(b)if the amendment is ratified, the notice of ratification must also—
(i)if the responsible authority intends to make a copy of the permit available in person in accordance with the requirements set out in section 197B, specify the places at which any person may inspect a copy of the permit; or
(ii)if the responsible authority intends to make a copy of the permit available electronically and on request in accordance with the requirements set out in sections 197C and 197D, specify—
(A)the address of the responsible authority's Internet site at which a copy of the permit will be published; and
(B)the responsible authority's contact details for making a request to inspect a copy of the permit.
Note
The responsible authority must make a copy of the permit available in accordance with the public availability requirements—see section 70.".
30Approval of Parliament needed after appointed day
For section 46D(2) of the Planning and Environment Act 1987 substitute—
"(2)The Minister must publish a notice of an approval of an amendment under subsection (1) in the Government Gazette—
(a)if the Minister intends to make a copy of the amendment available in person in accordance with the requirements set out in section 197B, specifying a place at which any person may inspect a copy of the amendment; or
(b)if the Minister intends to make a copy of the 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 amendment will be published; and
(ii)the Department's contact details for making a request to inspect a copy of the amendment.".
31Availability of amendment—Upper Yarra Valley and Dandenong Ranges regional strategy plan
For section 46E(3) and (4) of the Planning and Environment Act 1987 substitute—
"(3)During the inspection period, each relevant person must make a copy of an approved amendment to the regional strategy plan, and any documents lodged with it, available in accordance with the public availability requirements.
(4)After the inspection period ends, each relevant person must make the copy 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.
(5)Each relevant person must keep a copy of the approved regional strategy plan incorporating all amendments to it.
(6)Each relevant person must make available a copy of the approved regional strategy plan incorporating all amendments to it in accordance with the public availability requirements.
(7)In this section—
inspection period means the period of 2 months beginning on the day on which the amendment comes into operation;
relevant person means the following persons—
(a)the Minister;
(b)a municipal council whose municipal district is wholly or partly within the region.".
32Approval of Parliament needed—Melbourne Airport Environs Strategy Plan
For section 46U(3) of the Planning and Environment Act 1987 substitute—
"(3)The Minister must publish a notice of the approval of the strategy plan under subsection (2) in the Government Gazette—
(a)if the Minister intends to make a copy of the plan available in person in accordance with the requirements set out in section 197B, specifying a place at which any person may inspect a copy of the plan; or
(b)if the Minister intends to make a copy of the plan 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 plan will be published; and
(ii)the Department's contact details for making a request to inspect a copy of the plan.".
33Availability of amendment—Melbourne Airport Environs Strategy Plan
(1)For section 46V(3) and (4) of the Planning and Environment Act 1987 substitute—
"(3)During the inspection period, each relevant person must make a copy of the approved strategy plan, and any documents lodged with it, available in accordance with the public availability requirements.
(4)After the inspection period ends, each relevant person must make the copy of the approved strategy plan, 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.
(5)Each relevant person must keep a copy of the approved strategy plan incorporating all amendments to it.
(6)Each relevant person must make a copy of the approved strategy plan incorporating all amendments to it available in accordance with the public availability requirements.
(7)In this section—
inspection period means the period of 2 months beginning on the day on which the approved strategy plan comes into operation;
relevant person means the following persons—
(a)the Minister;
(b)a municipal council whose municipal district is wholly or partly within the Melbourne Airport Environs Area.".
(2)In section 46W(2) of the Planning and Environment Act 1987, for "(2) and (3)" substitute "(2), (3) and (4)".
34Approval of Parliament needed—Williamstown Shipyard Site Strategy Plan
For section 46ZE(3) of the Planning and Environment Act 1987 substitute—
"(3)The Minister must publish a notice of the approval of the strategy plan under subsection (2) in the Government Gazette—
(a)if the Minister intends to make a copy of the plan available in person in accordance with the requirements set out in section 197B, specifying a place at which any person may inspect a copy of the plan; or
(b)if the Minister intends to make a copy of the plan 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 plan will be published; and
(ii)the Department's contact details for making a request to inspect a copy of the plan.".
35Availability of approved strategy plan—Williamstown Shipyard Site Strategy Plan
(1)For section 46ZF(3) and (4) of the Planning and Environment Act 1987 substitute—
"(3)During the inspection period, each relevant person must make a copy of the approved strategy plan, and any documents lodged with it, available in accordance with the public availability requirements.
(4)After the inspection period ends, each relevant person must make the copy 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.
(5)Each relevant person must keep a copy of the approved strategy plan incorporating all amendments to it.
(6)Each relevant person must make a copy of the approved strategy plan incorporating all amendments to it available in accordance with the public availability requirements.
(7)In this section—
inspection period means the period of 2 months beginning on the day on which the approved strategy plan comes into operation;
relevant person means the following persons—
(a)the Minister;
(b)the municipal council in the municipal district of which the Williamstown Shipyard Site is situated.".
(2)In section 46ZG(2) of the Planning and Environment Act 1987, for "46ZF(2) and 46ZF(3)" substitute "46ZF(2), 46ZF(3) and 46ZF(4)".
36Responsible authority to keep register
For section 49(2) of the Planning and Environment Act 1987 substitute—
"(2)The responsible authority must make the register available in accordance with the public availability requirements.".
37Section 51 substituted
For section 51 of the Planning and Environment Act 1987 substitute—
51Applications to be made available to the public"
(1)The responsible authority must make a copy of every application, and the prescribed information supplied in respect of it, available in accordance with the public availability requirements.
(2)The responsible authority must make the application and prescribed information available under subsection (1) until—
(a)the last day on which an application for review may be made under section 77, 79, 80 or 82 in relation to the application or the permit; or
(b)if an application for review is made to the Tribunal before the day referred to in paragraph (a), the application is determined by the Tribunal or withdrawn.".
38Referral authority to keep register
For section 56A(2) of the Planning and Environment Act 1987 substitute—
"(2)The referral authority must make the register available in accordance with the public availability requirements.".
39Objections to applications for permits
For section 57(5) of the Planning and Environment Act 1987 substitute—
"(5)The responsible authority must make a copy of every objection available in accordance with the public availability requirements.
(6)The responsible authority must make a copy of every objection available under subsection (5) until the end of the period during which an application may be made for review of a decision on the application.".
40Section 70 substituted
For section 70 of the Planning and Environment Act 1987 substitute—
70Availability of permit"
The responsible authority must make a copy of every permit that it issues available in accordance with the public availability requirements.".
41Notice of amendment, application and permit
(1)For section 96C(2B) of the Planning and Environment Act 1987 substitute—
"(2B)A sign under subsection (2A) must—
(a)if the planning authority intends to make a copy of the proposed permit available in person in accordance with the requirements set out in section 197B, state the place where a copy of the proposed permit under this Division may be inspected; or
(b)if the planning authority intends to make a copy of the proposed permit available electronically and on request in accordance with the requirements set out in sections 197C and 197D, state—
(i)the address of the planning authority's Internet site at which a copy of the proposed permit will be published; and
(ii)the planning authority's contact details for making a request to inspect the proposed permit.".
(2)For section 96C(8A) of the Planning and Environment Act 1987 substitute—
"(8A)The planning authority must make a copy of the proposed permit under this Division available in accordance with the public availability requirements.
(8B)The planning authority must make a copy of the proposed permit available under subsection (8A) until the amendment to which the proposed permit applies is approved or lapses.".
42Application of provisions
For section 96M(5)(a) of the Planning and Environment Act 1987 substitute—
"(a)the notice under section 36(1) of approval of the amendment to which the permit applies must also—
(i)if the responsible authority intends to make a copy of the permit available in person in accordance with the requirements set out in section 197B, specify the places at which any person may inspect a copy of the permit; or
(ii)if the responsible authority intends to make a copy of the permit available electronically and on request in accordance with the requirements set out in sections 197C and 197D, specify—
(A)the address of the responsible authority's Internet site at which a copy of the permit will be published; and
(B)the responsible authority's contact details for making a request to inspect a copy of the permit; and
Note
The responsible authority must make a copy of the permit available in accordance with the public availability requirements—see section 70.".
43Notice of availability
For section 97G(6) of the Planning and Environment Act 1987 substitute—
"(6)The Minister and the responsible authority specified in the planning scheme must make a copy of every permit issued under section 97F available in accordance with the public availability requirements.".
44Section 179 substituted
For section 179 of the Planning and Environment Act 1987 substitute—
179Responsible authority to keep and make available a copy of agreement"
(1)A responsible authority must keep a copy of each agreement indicating any amendment made to it.
(2)A responsible authority must make a copy of each agreement indicating any amendment made to it available in accordance with the public availability requirements.".
45New Division 6A inserted in Part 9
After Division 6 of Part 9 of the Planning and Environment Act 1987 insert—
"Division 6A—Publication and inspection of documents and register requirements
197APublic availability requirements
(1)For the purposes of this Act, a person or body makes a document available in accordance with the public availability requirements if the person or body makes the document available—
(a)in person in accordance with the requirements set out in section 197B; or
(b)both—
(i)electronically in accordance with the requirements set out in section 197C; and
(ii)on request, in accordance with the requirements set out in section 197D.
(2)For the purposes of this Act, a responsible authority or referral authority makes a register available in accordance with the public availability requirements if the authority makes the register available—
(a)in person in accordance with the requirements set out in section 197B; or
(b)both—
(i)electronically in accordance with the requirements set out in section 197E; and
(ii)on request, in accordance with the requirements set out in section 197D.
197BIn person inspection requirements
(1)The requirements for making a document or register available in person are that a person (other than the Minister) or body makes the document or register available for inspection—
(a)at the person's or body's office; and
(b)at any time during the person's or body's office hours.
(2)For the Minister, the requirements for making a document or register available in person are that the Minister makes a document or register available for inspection—
(a)at any office of the Department that the Minister specifies; and
(b)at any time during the office hours of that specified office.
(3)A document or register made available in accordance with the requirements set out in this section must be made available free of charge unless otherwise provided by this Act.
197CElectronic publication requirements
(1)For the Minister, the requirements for making a document available electronically are that the Minister publishes and makes the document available, free of charge—
(a)if the Minister has published a notice specifying an address of an Internet site at which a copy of the document is published, at that address; or
(b)in any other case, on the Department's Internet site.
(2)For any other person or body, the requirements for making a document available electronically are—
(a)that the person or body publishes and makes a document available, free of charge, on an Internet site maintained by or for the person or body; or
(b)if the Minister publishes and makes a document available electronically, that the person or body publishes, on an Internet site maintained by or for the person or body, the address of the Internet site at which a copy of the document is published and made available by the Minister.
197DOn request inspection requirements
(1)The requirements for making a document or register available on request are that a person (other than the Minister) or body makes the document or register available for inspection—
(a)on the request of any person who wants to inspect the document or register; and
(b)at the person's or body's office; and
(c)at a time that is—
(i)agreed with the person who requests to inspect the document or register; and
(ii)during the person's or body's office hours; and
(d)free of charge.
(2)For the Minister, the requirements for making a document or register available on request are that the Minister makes the document or register available for inspection—
(a)on the request of any person who wants to inspect the document or register; and
(b)at any office of the Department that the Minister specifies; and
(c)at a time that is—
(i)agreed with the person who requests to inspect the document or register; and
(ii)during the office hours of the specified office; and
(d)free of charge.
197EElectronic register requirements
The requirements for making a register available electronically are that a responsible authority or referral authority makes—
(a)the register searchable, free of charge, on an Internet site maintained by or for the authority; and
(b)any information on the register available, free of charge, on an Internet site maintained by or for the authority.
197FElectronic disclosure of certain personal information in permits and other documents
(1)The Minister, a responsible authority or planning authority that makes any of the following available electronically in accordance with the requirements set out in section 197C must not disclose personal information about an individual, other than the information specified in subsection (2), without the individual's consent—
(a)a copy of a submission referred to in section 21(2);
(b)a copy of an application and the information referred to in section 51;
(c)a copy of an objection referred to in section 57(5);
(d)a copy of a permit referred to in section 70;
(e)a copy of a proposed permit referred to in section 96C(8A);
(f)a copy of a permit referred to in section 97G(6);
(g)a copy of an agreement referred to in section 179(2).
(2)For the purposes of subsection (1), the following information is specified—
(a)for a copy of a submission referred to in section 21(2), the address of land to which the proposed amendment to a planning scheme relates;
(b)for an application and the information referred to in section 51, the address of land to which the application applies;
(c)for a copy of an objection referred to in section 57(5), the address of land to which the application being objected to applies;
(d)for a copy of a permit referred to in section 70 or 97G(6), the address of land to which the permit applies;
(e)for a copy of a proposed permit referred to in section 96C(8A), the address of land to which the permit would apply if it were granted under section 96I;
(f)for a copy of an agreement referred to in section 179(2), the address of the land to which the agreement relates.
197GElectronic disclosure of certain personal information on registers
A responsible authority or referral authority that makes a register available electronically under section 49 or 56A in accordance with the requirements set out in section 197E, must not disclose personal information about an individual, other than the address of land to which an application for a permit applies, without the individual's consent.
197HException to compliance with certain inspection requirements when an emergency declaration is in force
(1)A person or body is not required to make a document available in person under section 4H(2), 41(2), 46E(4), 46V(4) or 46ZF(4) in accordance with the requirements set out in section 197B if, at the time a request to inspect the document is made—
(a)there is an emergency declaration in force; and
(b)it is not reasonably practicable for the person or body to do so because of a fact or circumstance arising out of the emergency or serious risk to public health in respect of which the declaration has been made.
(2)A person or body is not required to make a document or register available on request in accordance with the requirements set out in section 197D if, at the time a request to inspect a document or register is made—
(a)there is an emergency declaration in force; and
(b)it is not reasonably practicable for the person or body to do so because of a fact or circumstance arising out of the emergency or serious risk to public health in respect of which the declaration has been made.
(3)In this section—
emergency declaration means—
(a)a declaration of a state of disaster under section 23 of the Emergency Management Act 1986; or
(b)a declaration of a state of emergency under section 198 of the Public Health and Wellbeing Act 2008.".
Division 2—Amendments in relation to panel hearings
46Definitions
In section 3(1) of the Planning and Environment Act 1987 insert the following definitions—
"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;".
47Directions about hearings
In section 159(1)(c) of the Planning and Environment Act 1987, after "hearings" insert ", including the manner by which hearings are conducted, whether in person or by audio link or audio visual link".
48Hearings to be in public
For section 160(1) of the Planning and Environment Act 1987 substitute—
"(1)A panel must conduct its hearings publicly.
(1A)Despite subsection (1), the panel is not required to conduct a hearing, or part of a hearing, publicly if—
(a)a person making a submission objects to making the submission publicly; and
(b)the panel is satisfied that the submission is of a confidential nature.".
49New section 160A inserted
After section 160 of the Planning and Environment Act 1987 insert—
160AHearings may be conducted in person or by audio link or audio visual link"
(1)A hearing may be conducted—
(a)in person; or
(b)by audio link or audio visual link.
(2)For the purposes of section 160(1), a hearing that is conducted publicly by audio link must be available to be heard by members of the public by audio link—
(a)while the hearing is being held; or
(b)as soon as reasonably practicable afterwards.
(3)For the purposes of section 160(1), a hearing that is conducted publicly by audio visual link must be available to be viewed and heard by members of the public by audio visual link—
(a)while the hearing is being held; or
(b)as soon as reasonably practicable afterwards.".
50General procedure for hearings
After section 161(5) of the Planning and Environment Act 1987 insert—
"(6)A panel may require a person or the person's representative to appear and be heard—
(a)at a specified time; and
(b)in a specified manner, being—
(i)in person at a specified location; or
(ii)by audio link or audio visual link.".
51Who may appear before a panel?
For section 162(a) of the Planning and Environment Act 1987 substitute—
"(a)be self-represented; or".
52Section 163 substituted
For section 163 of the Planning and Environment Act 1987 substitute—
163Effect of failure to attend hearing"
A panel may report and make recommendations on a submission without hearing the person who made the submission if the person does not appear or is not represented—
(a)at the specified time for the hearing; or
(b)in the specified manner for the hearing.".
Division 3—Repeal of Part 10A
53Part 10A repealed
Part 10A of the Planning and Environment Act 1987 is repealed.
Division 4—Transitional provisions
54New section 226 inserted
After section 225 of the of the Planning and Environment Act 1987 insert—
226Transitional provisions about publication and inspection requirements—Planning and Environment Amendment Act 2021"
(1)A provision specified in subsection (2), as in force immediately before the commencement of Part 4 of the amending Act (including as modified by Part 10A), continues to apply in respect of any document or information required to be made available for inspection free of charge under the provision if the document or information is required to be made available for a period—
(a)that begins before that commencement; and
(b)that ends on or after that commencement.
(2)For the purposes of subsection (1), the following provisions are specified—
(a)section 4H;
(b)section 18;
(c)section 21(2);
(d)section 41;
(e)section 46E(3);
(f)section 46V(3);
(g)section 46ZF(3);
(h)section 51;
(i)section 57(5);
(j)section 96C(8A).
(3)Sections 46E(4), 46V(4), 46W(2), 46ZF(4) and 46ZG(2), as in force immediately before the commencement of Part 4 of the amending Act (including as modified by Part 10A), continue to apply in respect of any plan that was—
(a)approved before that commencement; and
(b)required to be made available for inspection free of charge under those sections before that commencement.
(4)Section 26, as in force immediately before the commencement of Part 4 of the amending Act (including as modified by Part 10A), continues to apply in respect of any report—
(a)that was received by a planning authority before that commencement; and
(b)that is required under that section to be made available for inspection for a period ending on or after that commencement.
(5)In this section—
amending Act means the Planning and Environment Amendment Act 2021.".
Part 5—Miscellaneous amendments in relation to other planning matters
Division 1—Expiry of permits for extractive industry and related uses
55New section 68A inserted
After section 68 of the Planning and Environment Act 1987 insert—
"68A Expiration of permits for extractive industry
(1)Despite section 68(2)(b) and (3)(d), a permit that authorises the use of land for extractive industry expires if the use authorised by the permit is discontinued for a period of 10 years.
(2)Subsection (1) does not apply to a permit that authorises the use of land for extractive industry if the permit also authorises another use of land.
(3)In this section—
applicable purpose means—
(a)the sale of stone; or
(b)the commercial use of stone; or
(c)the use of stone in construction, building, road or manufacturing works;
extractive industry means the extraction or removal of stone for an applicable purpose and includes any of the following—
(a)the treatment (including crushing and processing) of the stone that occurs on, or adjacent to, land from which the stone was extracted or removed;
(b)the manufacture of bricks, tiles, pottery, cement or asphalt products that occurs on, or adjacent to, land from which the stone was extracted or removed;
(c)rehabilitation of land following the extraction or removal of stone for an applicable purpose.".
Division 2—Municipal strategic statements
56What can a planning scheme provide for?
Section 6(1)(aa) of the Planning and Environment Act 1987 is repealed.
57Structure of planning schemes
(1)For section 7(3)(a) of the Planning and Environment Act 1987 substitute—
"(a)must include any provision which the Minister directs to be included in the planning scheme; and".
(2)In section 7(4)(b)(ii) of the Planning and Environment Act 1987 omit "a municipal strategic statement or".
58What are the duties and powers of planning authorities?
In section 12(2)(ab) of the Planning and Environment Act 1987 omit "municipal strategic statement,".
59Section 12A repealed
Section 12A of the Planning and Environment Act 1987 is repealed.
60Consequential amendment to the Environment Protection Act 1970
In section 19AI(3)(i) of the Environment Protection Act 1970 omit "or any municipal strategic statement within the meaning of that Act".
61Consequential amendment to the Public Health and Wellbeing Act 2008
For section 26(2)(e) of the Public Health and Wellbeing Act 2008 substitute—
"(e)be consistent with the Council Plan prepared under section 90 of the Local Government Act 2020.".
Division 3—Victorian Planning Authority
62Infrastructure contributions plans
In section 46GG(1)(c) of the Planning and Environment Act 1987 omit "(other than the Victorian Planning Authority)".
63Development contributions plan
In section 46I(1)(b) of the Planning and Environment Act 1987 omit "(other than the Victorian Planning Authority)".
64Plans not to apply to certain growth area land for provision of State infrastructure
In section 46IA(b) of the Planning and Environment Act 1987 omit "or for the plan preparation costs".
Division 4—Other amendments
65What can a planning scheme provide for?
In section 6(2)(h) of the Planning and Environment Act 1987, for "responsible authority" substitute "responsible authority,".
66Authorised Ministers and authorities are planning authorities
In section 9(4) of the Planning and Environment Act 1987, for "public body" substitute "public authority".
67What are the duties and powers of planning authorities?
After section 12(1) of the Planning and Environment Act 1987 insert—
"(1A)The Minister may issue directions in relation to the preparation of an amendment to a planning scheme.".
68Abandonment of amendment
At the end of section 28 of the Planning and Environment Act 1987 insert—
"(2)Within 10 business days after the day on which the planning authority tells the Minister about its decision under subsection (1), the planning authority must publish a notice of the decision on its Internet site.
(3)A notice under subsection (2) must include—
(a)a statement of reasons for the decision; and
(b)any other prescribed matter.
(4)A notice published under subsection (2) must be available on the planning authority's Internet site for a period of at least 2 months.".
69To which amendments does this Division apply?
For section 46AF(1)(b) of the Planning and Environment Act 1987 substitute—
"(b)that, on its commencement, will have the effect of allowing green wedge land to be subdivided into more lots or into smaller lots than would have been allowed under the planning scheme as it was in force immediately before that commencement.".
70Extension of time
(1)In section 69(1) of the Planning and Environment Act 1987, after "applies" insert
", or another person with the written consent of the owner,".
(2)In section 69(1A) of the Planning and Environment Act 1987, after "applies" insert
", or another person with the written consent of the owner,".
(3)After section 69(1A) of the Planning and Environment Act 1987 insert—
"(1B)A request under subsection (1) or (1A) by a person who is not the owner or occupier of the land must be accompanied by a copy of the written consent of the owner.".
71New section 185B inserted
After section 185A of the Planning and Environment Act 1987 insert—
"185B Power to request contact details
(1)For the purposes of giving notice under this Act, the Minister may in writing request any of the following to provide the name, address, email address and telephone number of any person to whom the Minister is required to give notice—
(a)a municipal council;
(b)a public authority;
(c)a public entity.
(2)A municipal council, public authority or public entity must comply with a request under subsection (1).".
72Section 185AA renumbered as section 186AA
Section 185AA of the Planning and Environment Act 1987 is renumbered as section 186AA.
Division 5—Transitional provisions
73New section 227 inserted
After section 226 of the Planning and Environment Act 1987 insert—
"227 Transitional provision about directions—Planning and Environment Amendment Act 2021
(1)A direction issued under section 12(2)(a) that was in force immediately before the commencement of section 67 of the amending Act is taken, on that commencement, to have been issued under section 12(1A).
(2)In this section—
amending Act means the Planning and Environment Amendment Act 2021.".
Part 6—Repeal of this Act
74Repeal of this Act
This Act is repealed on 1 February 2023.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 3 February 2021
Legislative Council: 4 March 2021
The long title for the Bill for this Act was "A Bill for an Act to amend the Planning and Environment Act 1987 and for other purposes."
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