Planning and Environment (Metropolitan Green Wedge Protection) Act 2003 (Vic)

Planning and Environment (Metropolitan Green

Wedge Protection) Act 2003

Act No. 43/2003

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Insertion of new Part 3AA	2
PART 3AA—METROPOLITAN GREEN WEDGE
PROTECTION	2
Division 1—Introductory	2
46AA.	What is a metropolitan fringe planning scheme?	2
46AB.	What is an urban growth boundary?	3
46AC.	What is green wedge land?	3

Division 2—Ministerial Authorisation to Prepare

Amendments to Planning Schemes 3

46AD.	To which amendments does this Division apply?	3
46AE.	Planning authority must obtain authorisation from
Minister to prepare amendment	4

Division 3—Ratification by Parliament for Amendments to

Planning Schemes 4

46AF.	To which amendments does this Division apply?	4
46AG.	Ratification by Parliament required for amendments to
which this Division applies	5

46AH. Procedure for ratification 5

46AI.	Notice of ratification	6
46AJ.	When does a ratified amendment commence?	6
46AK.	When does an amendment lapse?	6
46AL.	Application of sections 40, 41 and 42	7

46AM. Application of Division 5 of Part 4 7

4.	When does an amendment lapse?	7
5.	Proof of existence and contents of planning scheme	7

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ENDNOTES 9

i

Victoria

No. 43 of 2003

Planning and Environment

(Metropolitan Green Wedge Protection)

Act 2003†

[Assented to 11 June 2003]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the

Planning and Environment Act 1987—

(a) to require the authorisation of the Minister for the preparation of certain amendments to planning schemes applying to green wedge land in certain metropolitan fringe areas; and

Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003

Act No. 43/2003 s. 2

(b) to require ratification by Parliament of certain amendments to planning schemes applying to green wedge land in certain metropolitan fringe areas.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. Insertion of new Part 3AA

After Part 3 of the Planning and Environment

Act 1987 insert—

"PART 3AA—METROPOLITAN GREEN

WEDGE PROTECTION

Division 1—Introductory

46AA. What is a metropolitan fringe planning

scheme?

For the purposes of this Part, a metropolitan fringe planning scheme is a planning scheme applying to the municipal district of any of

the following municipal councils—

(a) Brimbank City Council;

(b) Cardinia Shire Council;

(c) Casey City Council;

(d) Frankston City Council;

(e) Greater Dandenong City Council;

(f) Hobsons Bay City Council;

(g) Hume City Council;

(h) Kingston City Council;

(i) Knox City Council;

(j) Manningham City Council;

Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003

s. 3 Act No. 43/2003

(k) Maroondah City Council;

(l) Melton Shire Council;

(m) Mornington Peninsula Shire Council;

(n) Nillumbik Shire Council;

(o) Whittlesea City Council;

(p) Wyndham City Council;

(q) Yarra Ranges Shire Council.

46AB. What is an urban growth boundary? For the purposes of this Part, an urban growth boundary is a boundary that is specified or is to be specified as an urban

growth boundary in a metropolitan fringe

planning scheme.

46AC. What is green wedge land?

For the purposes of this Part, green wedge land is land that is described in a metropolitan fringe planning scheme as being outside an urban growth boundary.

Division 2—Ministerial Authorisation to

Prepare Amendments to Planning Schemes

46AD. To which amendments does this Division

apply?

(1) This Division applies to an amendment to a

metropolitan fringe planning scheme—

(a)	to amend or insert an urban growth boundary; or
(b)	to amend or insert a provision that relates to or affects any green wedge land.

Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003

Act No. 43/2003 s. 3

(2) This Division does not apply to an

amendment to a metropolitan fringe planning
scheme if notice of the amendment was
given under section 19 before the
commencement of the Planning and
Environment (Metropolitan Green Wedge

Protection) Act 2003.

46AE. Planning authority must obtain

authorisation from Minister to prepare
amendment

(1) Despite section 8, a planning authority, other

than the Minister, must not prepare an
amendment to which this Division applies
unless the Minister has authorised the
preparation of the amendment.

(2) A planning authority may apply to the

Minister for an authorisation under this section.

(3) The Minister may—

(a)

authorise the preparation of the the Minister wishes to impose; or

(b) refuse to authorise the preparation of the amendment.

Division 3—Ratification by Parliament for

Amendments to Planning Schemes

46AF. To which amendments does this Division

apply?

(1) This Division applies to an amendment to a

metropolitan fringe planning scheme that has been approved by the Minister under section 35 and—

(a) that amends or inserts an urban growth boundary; or

Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003

s. 3 Act No. 43/2003

(b)	that has the effect of altering or removing any controls over the subdivision of any green wedge land to
allow the land to be subdivided into more lots or into smaller lots than allowed for in the planning scheme.

(2) This Division does not apply to an

amendment to a metropolitan fringe planning
scheme if the amendment was approved by
the Minister before the commencement of
the Planning and Environment
(Metropolitan Green Wedge Protection)

Act 2003.

46AG. Ratification by Parliament required for

amendments to which this Division applies

(1) An amendment to which this Division

applies does not take effect unless ratified by Parliament in accordance with this Division.

(2) Sections 36, 37 and 38 do not apply to an amendment to which this Division applies.

46AH. Procedure for ratification

(1) The Minister must cause an amendment to

which this Division applies to be laid before
each House of Parliament within 7 sitting
days of that House after it is approved.

(2) If a permit has been granted under section 96I in respect of an amendment to which this notice specifying that the permit has been granted to be laid before each House of Parliament at the same time that the amendment is laid before that House under sub-section (1).

Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003

Act No. 43/2003 s. 3

(3) An amendment to which this Division applies does not take effect unless it is ratified by a resolution passed by each House

of Parliament within 10 sitting days after it is

laid before that House.

46AI. Notice of ratification

The Minister must publish a notice of the
ratification under section 46AG of an
amendment in the Government Gazette
specifying the place or places at which any

person may inspect the amendment.

46AJ. When does a ratified amendment

commence?

An amendment that has been ratified under

this Division comes into operation—

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

46AK. When does an amendment lapse?

(1) An amendment to which this Division

applies that has not been ratified in
accordance with section 46AH lapses on the
day immediately after the last day on which

it could have been so ratified.

(2) When an amendment has lapsed under sub-

section (1) the Minister must publish a notice
in the Government Gazette setting out the

date on which the amendment lapsed.

(3) The publication of the notice under sub-

section (2) is conclusive proof of the date
that the amendment lapsed.

Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003

s. 4 Act No. 43/2003

46AL. Application of sections 40, 41 and 42

Sections 40, 41 and 42 do not apply to an amendment to which this Division applies unless and until the amendment is ratified under this Division.

46AM. Application of Division 5 of Part 4

If a permit has been granted under Division 5 of Part 4 and the amendment to which the permit applies is an amendment to which this Division applies—

(a)	if the amendment lapses under section 46AK(1), the permit is deemed to be cancelled on that lapsing;
(b)	if the amendment is ratified under this Division, the notice under section 46AI of ratification must also specify the places at which any person may inspect the permit.".

4. When does an amendment lapse?

(1) In section 30(1)(d) of the Planning and

Environment Act 1987, for "section 35" substitute "this Act".

(2) At the foot of section 30(1) of the Planning and

Environment Act 1987 insert—

"Note: An amendment may also lapse under Part 3AA.".

5. Proof of existence and contents of planning scheme

In section 140(2) of the Planning and

Environment Act 1987—

(a)	in paragraph (a), after "approval" insert ", or the ratification under Part 3AA,";
(b)	in paragraph (b), after "as approved" insert "or as approved and ratified (as the case may be)";

Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003

Act No. 43/2003 s. 5

(c) for "contents of the approved amendment" substitute "contents of the amendment".

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Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003

Endnotes Act No. 43/2003

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 1 May 2003

Legislative Council: 3 June 2003

The long title for the Bill for this Act was "to amend the Planning and
Environment Act 1987 to provide increased planning protection for
green wedge land in certain metropolitan fringe areas and for other
purposes."