Planning and Environment (Port of Melbourne) Act 2003 (Vic)

Planning and Environment (Port of Melbourne) Act

2003

ts	Act No. 77/2003
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e
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u	TABLE OF PROVISIONS
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o	Section	Page
D	PART 1—PRELIMINARY	1

ry	1.	Purposes	1
ta	2.	Commencement	2

n	PART 2—AMENDMENT OF PLANNING AND ENVIRONMENT
e	ACT 1987 3

m	3.	Definition of Port of Melbourne Area	3
ia	4.	Councils not to plan for Port of Melbourne Area	3
rl	5.	Municipal strategic statement not required for Port of Melbourne
a	Area	4
P	6.	Change of responsible authority arising from changes in Port of
Melbourne Area	4
d	7.	New section 201CA inserted	4
n	201CA. Change in boundary of Port of Melbourne Area	4
a

n	PART 3—AMENDMENT OF PLANNING AND ENVIRONMENT
(PLANNING SCHEMES) ACT 1996 6
o

ti	8.	New section 16A inserted	6
la	16A.	Definition of Port of Melbourne Area	6

9. Municipal councils not to plan for Port of Melbourne Area 6

is	10.	Minister may prepare planning scheme for Port of Melbourne
g	Area 6
e	11.	Supreme Court—limitation of jurisdiction 7

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n	No. 77 of 2003
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rl	Planning and Environment (Port of
a	Melbourne) Act 2003†
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[Assented to 21 October 2003]

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ti	The Parliament of Victoria enacts as follows:
la
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g	PART 1—PRELIMINARY
e
L	1. Purposes
n	The purposes of this Act are—
a

ri	(a)	to amend the Planning and Environment
to	Act 1987 to facilitate planning for the Port of
Melbourne; and
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Planning and Environment (Port of Melbourne) Act 2003

Act No. 77/2003

Part 1—Preliminary

s. 2

(b) to amend the Planning and Environment (Planning Schemes) Act 1996 to provide for the preparation under that Act of a new

ts	planning scheme for the Port of Melbourne.
n
e	2. Commencement
m	This Act comes into operation on the day after the
u	day on which it receives the Royal Assent.
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Planning and Environment (Port of Melbourne) Act 2003

Act No. 77/2003

Part 2—Amendment of Planning and Environment Act 1987

s. 3

PART 2—AMENDMENT OF PLANNING AND

ENVIRONMENT ACT 1987

ts

n	3. Definition of Port of Melbourne Area
e	See:

(1) In section 3(1) of the Planning and Environment

Act No.

m	Act 1987 insert the following definition—	45/1987.
u	Reprint No. 7
c	' "Port of Melbourne Area" means—	as at
o	13 December

(a) the land shown red on plan numbered 2000 and

D amending

LEGL./02–023 and lodged in the Act No.

ry	Central Plan Office established under	43/2003. LawToday:
ta	the Survey Co-ordination Act 1958;
and	dpc.vic.
n	gov.au
e	(b)	any area included in the Port of
m	Melbourne Area under sub-
ia	section (3)—

rl	but excludes any area excluded from the Port
a	of Melbourne Area under sub-section (3);'.
P

(2) After section 3(2) of the Planning and

d

n	Environment Act 1987 insert—
a	"(3) The Governor in Council may by order
n	published in the Government Gazette—
o

ti	(a)	include any area of land adjoining the
la	Port of Melbourne Area in the Port of
is	Melbourne Area; or

(b) exclude any area of land from the Port

g

e	of Melbourne Area.".
L	4. Councils not to plan for Port of Melbourne Area
n
a	After section 8(3) of the Planning and
ri	Environment Act 1987 insert—
to	"(4) Despite sub-section (3), a municipal council
ic	does not have power under that sub-section
V	to prepare an amendment to any planning scheme applying to the Port of Melbourne

Planning and Environment (Port of Melbourne) Act 2003

Act No. 77/2003

Part 2—Amendment of Planning and Environment Act 1987

s. 5

Area unless the amendment does not affect or apply to land in that Area.".

ts	5.	Municipal strategic statement not required for Port
n	of Melbourne Area
e	(1) After section 7(3) of the Planning and

m	Environment Act 1987 insert—
u
c	"(3A) Sub-section (3)(a)(i) does not apply to any
o	part of a municipal district that is within the
D	Port of Melbourne Area.".
ry	(2) After section 12A(6) of the Planning and
ta	Environment Act 1987 insert—
n	"(7) This section does not apply to any part of a
e	municipal district that is within the Port of
m	Melbourne Area.".
ia	6. Change of responsible authority arising from
rl	changes in Port of Melbourne Area
a
P	In section 201A(a) of the Planning and Environment Act 1987, for "or 96" substitute
d	", 96 or 201CA".
n
a	7. New section 201CA inserted
n	After section 201C of the Planning and
o
ti	Environment Act 1987 insert—
la	"201CA. Change in boundary of Port of Melbourne
is	Area
g	(1) If any land in the Port of Melbourne Area is
e	excluded from that Area by order under
L	section 3(3)—
n	(a) any planning scheme applying to the
a
ri	excluded land immediately before the
to	commencement of that order; and
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Planning and Environment (Port of Melbourne) Act 2003

Act No. 77/2003

Part 2—Amendment of Planning and Environment Act 1987

s. 7

(b) all things done under that scheme—

continue to have the same operation and

ts	effect as they would have had if the order
n	had not been made except that the
e	responsible authority for the subsequent
m	administration and enforcement of the
u	planning scheme to the extent that it applies
c	to the excluded land is the council of the
o	municipal district in which the excluded land
D	is situated.
ry	(2) If any land in a municipal district is included
ta	in the Port of Melbourne Area by order
under section 3(3)—
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e	(a)	any planning scheme applying to the
m	included land immediately before the
ia	commencement of that order; and

rl	(b) all things done under that scheme—
a
P	continue to have the same operation and effect as they would have had if the order
d
n	had not been made except that the
a	responsible authority for the subsequent administration and enforcement of the
n
o	planning scheme to the extent that it applies
ti	to the included land is the Minister.".
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Planning and Environment (Port of Melbourne) Act 2003

Act No. 77/2003

Part 3—Amendment of Planning and Environment (Planning Schemes) Act

s. 8

1996

PART 3—AMENDMENT OF PLANNING AND

ENVIRONMENT (PLANNING SCHEMES) ACT 1996

ts

n 8. New section 16A inserted

e	See:	In Part 3 of the Planning and Environment
m	Act No.
77/1996	(Planning Schemes) Act 1996, before section 17
u	and	insert—
c	amending
o	Act No.

'16A. Definition of Port of Melbourne Area

72/1998.

D	LawToday:
In this Part "Port of Melbourne Area" has
ry	dpc.vic. the same meaning as it has in the Planning
gov.au
ta	and Environment Act 1987.'.
n	9. Municipal councils not to plan for Port of
e	Melbourne Area
m
ia	After section 18(3) of the Planning and
rl	Environment (Planning Schemes) Act 1996
insert—
a
P	"(4) This section does not apply to any part of a
d	municipal district that is within the Port of
n	Melbourne Area.".
a	10. Minister may prepare planning scheme for Port of
n	Melbourne Area
o
ti	After section 21(1) of the Planning and
la	Environment (Planning Schemes) Act 1996
is	insert—
g	"(1A) The Minister may prepare and approve a
e	planning scheme under this Part for the Port
L	of Melbourne Area.".
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Planning and Environment (Port of Melbourne) Act 2003

Act No. 77/2003

Part 3—Amendment of Planning and Environment (Planning Schemes) Act

s. 11

1996

11. Supreme Court—limitation of jurisdiction

At the end of section 27 of the Planning and

ts	Environment (Planning Schemes) Act 1996
n	insert—
e	"(2) Without limiting sub-section (1), it is the
m	intention of section 22(2) (to the extent that
u	it applies to any planning scheme prepared
c	and approved by the Minister under section
o	21(1A) for the Port of Melbourne Area) to
D	alter or vary section 85 of the Constitution
ry	Act 1975.".
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Planning and Environment (Port of Melbourne) Act 2003

Act No. 77/2003

Endnotes

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 18 September 2003
e
Legislative Council: 9 October 2003
m
u	The long title for the Bill for this Act was "to amend the Planning and
c	Environment Act 1987 and the Planning and Environment (Planning
o	Schemes) Act 1996 in relation to planning for the Port of Melbourne."
D	Constitution Act 1975:
ry	Section 85(5) statement:
ta	Legislative Assembly: 18 September 2003
n
e	Legislative Council: 9 October 2003
m	Absolute majorities:
ia	Legislative Assembly: 7 October 2003
rl	Legislative Council: 14 October 2003
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