Planning and Environment Amendment Regulations 2024 (Vic)

Planning and Environment Amendment Regulations 2024

S.R. No. 107/2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Recording of agreements under section 181

6Cancellation or amendment of recorded agreements under section 183

7Schedule 1—Form 2

8Schedule 1—Form 4

9Schedule 1—Form 5

10Schedule 1—Form 7

11Schedule 1—Form 8

12Schedule 1—Form 9

13Schedule 1—Form 10

14Schedule 1—Form 11

15Schedule 1—Form 12

16Schedule 1—Form 13

17Schedule 1—Revocation of Forms

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Endnotes

STATUTORY RULES 2024

S.R. No. 107/2024

Planning and Environment Act 1987

Planning and Environment Amendment Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 8 October 2024

Responsible Minister:

SONYA KILKENNY
Minister for Planning

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

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

(a)to amend prescribed forms with respect to planning permits to update the matters contained in those forms; and

(b)to revoke certain forms that are no longer required.

2Authorising provision

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

3Commencement

(1)These Regulations, except regulations 7 to 16, come into operation on the day on which they are made.

(2)Regulations 7 to 16 come into operation on 1 December 2024.

4Principal Regulations

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

5Recording of agreements under section 181

(1)In regulation 59(1) of the Principal Regulations, for "Form 21 in Schedule 1" substitute "the form approved under the Transfer of Land Act 1958 for the purposes of recording an agreement relating to land other than Crown land".

(2)For regulation 59(2) of the Principal Regulations substitute—

"(2)For the purposes of section 181(2) of the Act, the prescribed particulars are—

(a)a description of the land affected; and

(b)the name of the responsible authority; and

(c)the section and Act under which the agreement was made.".

6Cancellation or amendment of recorded agreements under section 183

In regulation 60 of the Principal Regulations—

(a)for paragraphs (a) and (b) substitute—

"(a)of the ending of an agreement relating to land other than Crown land is to lodge a form approved under the Transfer of Land Act 1958 for the purposes of the ending of the agreement wholly or in part or as to any part of the land; or

(b)of an amendment to an agreement relating to land other than Crown land is to lodge—

(i)a form approved under the Transfer of Land Act 1958 for the purposes of the amendment; and

(ii)a copy of the amended agreement.";

(b)paragraphs (c) and (d) are revoked.

7Schedule 1—Form 2

In Schedule 1 to the Principal Regulations, in Form 2, for—

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

substitute—

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

A permit is required under the following clauses of the planning scheme: [include all matters for which a permit is required in the following table. Insert a new row for each planning scheme clause and subclause—]

Planning scheme clause	Matter for which a permit is required
[Insert the planning scheme clause and subclause]	[For each planning scheme clause and subclause, list the matter for which a permit is required]

".

8Schedule 1—Form 4

In Schedule 1 to the Principal Regulations, in Form 4—

(a)for—

"THE PERMIT ALLOWS: [All matters that the responsible authority has decided to grant the permit for must be included in the description of what the permit allows.]"

substitute—

"THE PERMIT ALLOWS: [include all matters for which the responsible authority has decided to grant the permit in the following table. Insert a new row for each planning scheme clause and subclause—]

Planning scheme clause	Matter for which the permit has been granted
[Insert the planning scheme clause and subclause]	[For each planning scheme clause and subclause, list the matter for which the permit has been granted]

";

(b)for—

"If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit, and the name of the responsible authority that approved the amendment—]

THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:

Date of amendment Brief description of amendment Name of responsible authority that approved the amendment

"

substitute—

"[If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit, the name of the responsible authority that approved the amendment, and the section of the Act under which the permit has been amended. Insert a new row for each amendment—]

THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:

Date of amendment	Brief description of amendment	Name of responsible authority that approved the amendment	Section of the Act under which the permit has been amended
[The date the responsible authority amended the permit]	[Specify if an existing condition has been deleted or changed, or a new condition included. If a condition has changed, briefly describe the change]	[Insert name of responsible authority]	[Section 74, 75, 75A, 87 or 87A]

[If the permit has been extended under section 69 of the Act, include the following table. Insert a new row for each extension—]

THE PERMIT HAS BEEN EXTENDED AS FOLLOWS:

Date of extension	Brief description of the extension	Duration of extension
[The date the responsible authority extended the permit]	[Describe if it is an extension to commence a use or development, or to complete a development or stage of development, or an extension to certify a plan of subdivision]	[Include the duration of the extension]

".

9Schedule 1—Form 5

In Schedule 1 to the Principal Regulations, in Form 5, for—

"[All matters that the responsible authority has decided to grant the permit for must be included in the description of what the permit allows.]"

substitute—

"[Include all matters for which the responsible authority has decided to grant the permit in the following table. Insert a new row for each planning scheme clause and subclause—]

Planning scheme clause	Matter for which the permit has been granted
[Insert the planning scheme clause and subclause]	[For each planning scheme clause and subclause, list the matter for which the permit has been granted]

".

10Schedule 1—Form 7

In Schedule 1 to the Principal Regulations, in Form 7, after—

"WHAT HAS BEEN REFUSED?"

insert—

"An application for a permit under the following clauses of the planning scheme: [include all matters for which the planning permit was required in the following table. Insert a new row for each planning scheme clause and subclause—]

Planning scheme clause	Matter for which the permit has been refused
[Insert the planning scheme clause and subclause]	[For each planning scheme clause and subclause, list the matter for which the permit has been refused]

".

11Schedule 1—Form 8

In Schedule 1 to the Principal Regulations, in Form 8, for—

"WHAT HAS BEEN REFUSED?"

substitute—

"WHAT AMENDMENT HAS BEEN REFUSED? [Include all amendments that the responsible authority has decided to refuse in the description of what amendment has been refused.]".

12Schedule 1—Form 9

In Schedule 1 to the Principal Regulations, in Form 9—

(a)for—

"THE PERMIT ALLOWS: [All matters that the Minister has decided to grant the permit for must be included in the description of what the permit allows.]"

substitute—

"THE PERMIT ALLOWS: [include all matters for which the Minister has decided to grant the permit in the following table. Insert a new row for each planning scheme clause and subclause—]

Planning scheme clause	Matter for which the permit has been granted
[Insert the planning scheme clause and subclause]	[For each planning scheme clause and subclause, list the matter for which the permit has been granted]

";

(b)for—

"[If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit, and the name of the responsible authority that approved the amendment—]

THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:

Date of amendment Brief description of amendment Name of responsible authority that approved the amendment

"

substitute—

"[If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit, the name of the responsible authority that approved the amendment, and the section of the Act under which the permit has been amended—]

THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:

Date of amendment	Brief description of amendment	Name of responsible authority that approved the amendment	Section of the Act under which the permit has been amended
[The date the responsible authority amended the permit]	[Specify if an existing condition has been deleted or changed, or a new condition included. If a condition has changed, briefly describe the change]	[Insert name of responsible authority]	[Section 74, 75, 75A, 87 or 87A]

[If the permit has been extended under section 69 of the Act, include the following table. Insert a new row for each extension—]

THE PERMIT HAS BEEN EXTENDED AS FOLLOWS:

Date of extension	Brief description of the extension	Duration of extension
[The date the responsible authority extended the permit]	[Describe if it is an extension to commence a use or development, or to complete a development or stage of development, or an extension to certify a plan of subdivision]	[Include the duration of the extension]

".

13Schedule 1—Form 10

In Schedule 1 to the Principal Regulations, in Form 10, after—

"WHAT HAS BEEN REFUSED?"

insert—

"An application for a permit under the following clauses of the planning scheme: [include all matters for which the planning permit was required in the following table. Insert a new row for each planning scheme clause and subclause—]

Planning scheme clause	Matter for which the permit has been refused
[Insert the planning scheme clause and subclause]	[For each planning scheme clause and subclause, list the matter for which the permit has been refused]

".

14Schedule 1—Form 11

In Schedule 1 to the Principal Regulations, in Form 11—

(a)for—

"THE PERMIT ALLOWS: [All matters that the Minister has decided to grant the permit for must be included in the description of what the permit allows.]"

substitute—

"THE PERMIT ALLOWS: [include all matters for which the Minister has decided to grant the permit in the following table. Insert a new row for each planning scheme clause and subclause—]

Planning scheme clause	Matter for which the permit has been granted
[Insert the planning scheme clause and subclause]	[For each planning scheme clause and subclause, list the matter for which the permit has been granted]

";

(b)for—

"[If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit—]

THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:

Date of amendment Brief description of amendment

"

substitute—

"[If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit, the name of the responsible authority that approved the amendment, and the section of the Act under which the permit has been amended. Insert a new row for each amendment—]

THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:

Date of amendment	Brief description of amendment	Name of responsible authority that approved the amendment
[The date the responsible authority amended the permit]	[Specify if an existing condition has been deleted or changed, or a new condition included. If a condition has changed, briefly describe the change]	[Insert name of responsible authority]

[If the permit has been extended under section 69 of the Act, include the following table. Insert a new row for each extension—]

THE PERMIT HAS BEEN EXTENDED AS FOLLOWS:

Date of extension	Brief description of the extension	Duration of extension
[The date the responsible authority extended the permit]	[Describe if it is an extension to commence a use or development, or to complete a development or stage of development, or an extension to certify a plan of subdivision]	[Include the duration of the extension]

".

15Schedule 1—Form 12

In Schedule 1 to the Principal Regulations, in Form 12, after—

"WHAT HAS BEEN REFUSED?"

insert—

"An application for a permit under the following clauses of the planning scheme: [include all matters for which the planning permit was required in the following table. Insert a new row for each planning scheme clause and subclause—]

Planning scheme clause	Matter for which the permit has been refused
[Insert the planning scheme clause and subclause]	[For each planning scheme clause and subclause, list the matter for which the permit has been refused]

".

16Schedule 1—Form 13

In Schedule 1 to the Principal Regulations, in Form 13, for—

"WHAT HAS BEEN REFUSED?"

substitute—

"WHAT AMENDMENT HAS BEEN REFUSED? [include all amendments that the Minister has decided to refuse in the description of what amendment has been refused.]".

17Schedule 1—Revocation of Forms

In Schedule 1 to the Principal Regulations, Forms 21, 22, 23 and 24 are revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 33/2015 as amended by S.R. Nos 148/2016, 76/2018, 93/2018, 111/2020 and 114/2022.