Planning and Environment Amendment Regulations 2022 (Vic)

Planning and Environment Amendment Regulations 2022

S.R. No. 114/2022

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Notices under section 19

5Prescribed amendments

6Information required in relation to section 60(1A)(g)

7Notice under section 96C

8New regulation 69 inserted

9Schedule 1—Form 2 substituted

10Schedule 1—Form 3 substituted

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Endnotes

statutory rules 2022

S.R. No. 114/2022

Planning and Environment Act 1987

Planning and Environment Amendment Regulations 2022

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 11 October 2022

Responsible Minister:

LIZZIE BLANDTHORN
Minister for Planning

Alexandra Debeljakovic

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Planning and Environment Regulations 2015—

(a)to reflect changes made in relation to the publication of notices and inspection of documents by Division 1 of Part 4 of the Planning and Environment Amendment Act 2021; and

(b)to make other minor and technical amendments.

2Authorising provision

These Regulations are made under section 202 of the Planning and Environment Act 1987.

3Principal Regulations

In these Regulations, the Planning and Environment Regulations 2015[1] are called the Principal Regulations.

4Notices under section 19

(1)For regulation 7(e) and (f) of the Principal Regulations substitute—

"(e)state the name of the planning authority; and

(f)state that copies of the following documents may be inspected—

(i)the amendment;

(ii)any documents that support the amendment;

(iii)the explanatory report in respect of the amendment; and

(fa)if the planning authority intends to make the documents referred to in paragraph (f) available in person in accordance with the requirements set out in section 197B of the Act—

(i)state that those documents may be inspected at the office of the planning authority during office hours free of charge; and

(ii)state the address or addresses where those documents may be inspected; and

(fb)if the planning authority intends to make the documents referred to in paragraph (f) available electronically and on request in accordance with the requirements set out in sections 197C and 197D of the Act—

(i)state that those documents may be inspected free of charge either—

(A)on the planning authority's Internet site; or

(B)on request at the office of the planning authority during office hours; and

(ii)state the address of the planning authority's Internet site; and

(iii)state the planning authority's contact details for making a request to inspect those documents; and".

(2)In regulation 7(i) of the Principal Regulations—

(a)omit "at its office";

(b)omit "during office hours".

5Prescribed amendments

In regulation 8(1)(l) of the Principal Regulations, for "Road Zone" substitute "Transport Zone".

6Information required in relation to section 60(1A)(g)

(1)In regulation 25(a) of the Principal Regulations, for "for inspection free of charge at its offices" substitute "in accordance with the public availability requirements".

(2)In regulation 25(b) of the Principal Regulations, for "for inspection free of charge at the municipal council's offices" substitute "in accordance with the public availability requirements".

7Notice under section 96C

(1)For regulation 41(1)(i) and (j) of the Principal Regulations substitute—

"(i)   state the name of the planning authority; and

(j)state that copies of the following documents may be inspected—

(i)the amendment;

(ii)the application;

(iii)any documents that support the amendment and the application;

(iv)the explanatory report in respect of the amendment; and

(ja)if the planning authority intends to make the documents referred to in paragraph (j) available in person in accordance with the requirements set out in section 197B of the Act—

(i)state that those documents may be inspected at the office of the planning authority during office hours free of charge; and

(ii)state the address or addresses where those documents may be inspected; and

(jb)if the planning authority intends to make the documents referred to in paragraph (j) available electronically and on request in accordance with the requirements set out in sections 197C and 197D of the Act—

(i)state that those documents may be inspected free of charge either—

(A)on the planning authority's Internet site; or

(B)on request at the office of the planning authority during office hours; and

(ii)state the address of the planning authority's Internet site; and

(iii)state the planning authority's contact details for making a request to inspect those documents; and".

(2)In regulation 41(1)(m) of the Principal Regulations—

(a)omit "at its office";

(b)omit "during office hours".

8New regulation 69 inserted

After regulation 68 of the Principal Regulations insert—

"69   Transitional provision—Planning and Environment Amendment Regulations 2022

(1)For a period of 3 months from the commencement of the Planning and Environment Amendment Regulations 2022, it is sufficient compliance with these Regulations if the Minister, a responsible authority or a planning authority complies with the requirements of these Regulations, as in force immediately before the commencement of the Planning and Environment Amendment Regulations 2022, in relation to a specified requirement.

(2)In this regulation—

specified requirement means a requirement to do any of the following—

(a)give a notice under section 19, 52(1) or 96C of the Act;

(b)make available a copy of a document considered under section 60(1A)(g) of the Act;

(c)give to a municipal council a copy of a document considered under section 60(1A)(g) of the Act.".

9Schedule 1—Form 2 substituted

For Form 2 in Schedule 1 to the Principal Regulations substitute—

"Form 2

Section 52(1)

Notice of an Application for a Planning Permit

The land affected by the application is located at [insert the location of the land].

The application is for a permit to [insert the use, development, or other matter applied for].

*The applicant for the permit is [insert the name of the applicant for the permit].

*Omit if the notice is to be published on the responsible authority's Internet site and the applicant is an individual.

The application reference number is [insert reference number].

[If the responsible authority intends to make a copy of the application and other documents available in person in accordance with the requirements set out in section 197B of the Act, include the following two paragraphs—]

You may look at the application and any documents that support the application at the office of the responsible authority, [insert name of responsible authority and address where the application can be inspected].

This can be done during office hours and is free of charge.

[If the responsible authority intends to make a copy of the application and other documents available electronically and on request in accordance with the requirements set out in sections 197C and 197D of the Act, include the following two paragraphs—]

You may look at the application and any documents that support the application free of charge at: [insert address of the responsible authority's Internet site].

You may also call [insert phone number of the responsible authority] to arrange a time to look at the application and any documents that support the application at the office of the responsible authority, [insert name of responsible authority]. This can be done during office hours and is free of charge.

Any person who may be affected by the granting of the permit may object or make other submissions to the responsible authority.

An objection must be made to the responsible authority in writing, include the reasons for the objection and state how the objector would be affected.

The responsible authority must make a copy of every objection available for any person to inspect free of charge until the end of the period during which an application may be made for review of a decision on the application.

The responsible authority will not decide on the application before [insert a date which is at least 14 days after the date on which the last notice under section 52(1) or (1AA) of the Act is to be given].

If you object, the responsible authority will tell you its decision.".

10Schedule 1—Form 3 substituted

For Form 3 in Schedule 1 to the Principal Regulations substitute—

"Form 3

Section 52(1)

Notice of an Application for an Amendment to
a Planning Permit

The land affected by the application is located at [insert the location of the land].

The application is to amend permit number [insert the reference number for the permit proposed to be amended] by [insert a brief description of the amendment applied for].

*The applicant for the amendment to the permit is [insert the name of the applicant for the amendment to the permit].

*Omit if the notice is to be published on the responsible authority's Internet site and the applicant is an individual.

The application reference number is [insert reference number].

[If the responsible authority intends to make a copy of the application and other documents available in person in accordance with the requirements set out in section 197B of the Act, include the following two paragraphs—]

You may look at the application and any documents that support the application at the office of the responsible authority, [insert name of responsible authority and address where the application can be inspected].

This can be done during office hours and is free of charge.

[If the responsible authority intends to make a copy of the application and other documents available electronically and on request in accordance with the requirements set out in sections 197C and 197D of the Act, include the following two paragraphs—]

You may look at the application and any documents that support the application free of charge at: [insert address of the responsible authority's Internet site].

You may also call [insert phone number of the responsible authority] to arrange a time to look at the application and any documents that support the application at the office of the responsible authority, [insert name of responsible authority]. This can be done during office hours and is free of charge.

Any person who may be affected by the proposed amendment to the permit may object or make other submissions to the responsible authority.

An objection must be made to the responsible authority in writing, include the reasons for the objection and state how the objector would be affected.

The responsible authority must make a copy of every objection available for any person to inspect free of charge until the end of the period during which an application may be made for review of a decision on the application.

The responsible authority will not decide on the application before [insert a date which is at least 14 days after the date on which the last notice under section 52(1) or (1AA) of the Act is to be given].

If you object, the responsible authority will tell you its decision.".

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Endnotes

[1] Reg. 3: S.R. No. 33/2015 as amended by S.R. Nos 148/2016, 76/2018, 93/2018 and 111/2020.