Untitled document
Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013
No. 21 of 2013
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Amendment of Planning and Environment Act 1987
Division 1—Amendments relating to growth areas and the Growth Areas Authority
3What is a growth area?
4Repeal of section 46AP—What is a growth area council?
5Objectives of Growth Areas Authority
6Functions of Growth Areas Authority
7Definition of growth area in Part 9B
Division 2—Amendments relating to permit applications referred
to the Minister
8Powers of Minister in relation to application
9Who is to be the responsible authority?
10Repeal of section 97A
11Referral of applications to Minister
12Notice of availability
13Effect of issue of permit
14Notice of decision
15Register
16What if the responsible authority changes?
Division 3—Amendments relating to directors' liability
17Section 128 substituted
128Criminal liability of officers of bodies corporate—
failure to exercise due diligence
18Insertion of notes
Division 4—Other amendments to the Planning and Environment Act 1987
19What is a metropolitan fringe planning scheme?
20New sections 220A and 220B inserted
220ATransitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013
220BTransitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013
21Investigation areas
22Statute law revision amendment
Part 3—Repeal of amending Act
23Repeal of amending Act
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Endnotes
Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013
No. 21 of 2013
[Assented to 23 April 2013]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The main purpose of this Act is to amend the Planning and Environment Act 1987—
(a)to enable growth areas to be declared anywhere in Victoria; and
(b)to expand the functions of the Growth Areas Authority; and
(c)to make further provision in relation to the criminal liability of officers of bodies corporate; and
(d)to generally improve the operation of that Act.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 19 March 2014, it comes into operation on that day.
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Part 2—Amendment of Planning and Environment Act 1987
Division 1—Amendments relating to growth areas and the Growth Areas Authority
3What is a growth area?
For section 46AO(1) and (2) of the Planning and Environment Act 1987 substitute—
"(1)The Minister may, by order published in the Government Gazette—
(a)declare an area of land in Victoria to be a growth area for the purposes of this Part; and
(b)add land to that declared area; and
(c)remove land from that declared area.".
4Repeal of section 46AP—What is a growth area council?
Section 46AP of the Planning and Environment Act 1987 is repealed.
5Objectives of Growth Areas Authority
(1)In section 46AR(g) of the Planning and Environment Act 1987, for "areas." substitute "areas;".
(2)After section 46AR(g) of the Planning and Environment Act 1987 insert—
"(h)to ensure that advice and recommendations provided under this Part are consistent with the objectives of planning in Victoria.".
6Functions of Growth Areas Authority
(1)In section 46AS(a)(iii) of the Planning and Environment Act 1987, after "Authority" insert "or any other matter relating to land in Victoria or an objective of planning in Victoria".
(2)After section 46AS(ab) of the Planning and Environment Act 1987 insert—
"(ac)at the direction of the Minister, to provide a municipal council with advice requested by that municipal council on any matter relating to land in Victoria or an objective of planning in Victoria; and".
7Definition of growth area in Part 9B
Insert the following definition in section 201R of the Planning and Environment Act 1987—
"growth area means an area of land for the time being declared under section 46AO in the municipal district of one or more of the following municipal councils—
(a)Cardinia Shire Council;
(b)Casey City Council;
(c)Hume City Council;
(d)Melton City Council;
(e)Mitchell Shire Council;
(f)Whittlesea City Council;
(g)Wyndham City Council;".
Division 2—Amendments relating to permit applications referred to the Minister
8Powers of Minister in relation to application
In section 76D of the Planning and Environment Act 1987—
(a)in subsection (1), for "97A, 97B, 97C, 97D(1)" substitute "97B, 97C, 97D(1) and (3)";
(b)in subsection (2)(b), for "first responsible authority" substitute "referring responsible authority (within the meaning of section 97D(3))";
(c)in subsections (4) and (5), for "first responsible authority" substitute "responsible authority specified in the planning scheme".
9Who is to be the responsible authority?
In section 96N of the Planning and Environment Act 1987, for "under" (where secondly occurring) substitute "specified in".
10Repeal of section 97A
Section 97A of the Planning and Environment Act 1987 is repealed.
11Referral of applications to Minister
(1)In section 97D(1) and (2) of the Planning and Environment Act 1987, for "first" substitute "referring".
(2)After section 97D(2) of the Planning and Environment Act 1987 insert—
"(3)In this section referring responsible authority means the responsible authority that referred an application to the Minister under section 97B or 97C.".
12Notice of availability
In section 97G(3) and (6) of the Planning and Environment Act 1987, for "first responsible authority" substitute "responsible authority specified in the planning scheme".
13Effect of issue of permit
In section 97H of the Planning and Environment Act 1987, for "first responsible authority" substitute "responsible authority specified in the planning scheme".
14Notice of decision
In section 97K(1)(b) of the Planning and Environment Act 1987, for "first responsible authority" substitute "responsible authority specified in the planning scheme".
15Register
In section 97L of the Planning and Environment Act 1987, for "first responsible authority" substitute "responsible authority specified in the planning scheme".
16What if the responsible authority changes?
In section 201A(a) of the Planning and Environment Act 1987, after "96" insert ", 97H".
Division 3—Amendments relating to directors' liability
17Section 128 substituted
For section 128 of the Planning and Environment Act 1987 substitute—
128Criminal liability of officers of bodies corporate—failure to exercise due diligence"
(1)If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate.
(2)For the purposes of subsection (1), the following provisions are specified—
(a)section 48(2);
(b)section 93(3);
(c)section 126(1), (2) and (3);
(d)section 137.
(3)In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to—
(a)what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and
(b)whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and
(c)what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and
(d)any other relevant matter.
(4)Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.
(5)An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.
(6)In this section—
body corporate has the same meaning as corporation has in section 57A of the Corporations Act;
officer in relation to a body corporate means—
(a)a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or
(b)a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.".
18Insertion of notes
(1)At the foot of section 48(2) of the Planning and Environment Act 1987 insert—
"Note
Section 128 applies to an offence against this subsection.".
(2)At the foot of section 93(3) of the Planning and Environment Act 1987 insert—
"Note
Section 128 applies to an offence against this subsection.".
(3)At the foot of section 126 of the Planning and Environment Act 1987 insert—
"Note
Section 128 applies to an offence against subsection (1), (2) or (3).".
(4)At the foot of section 137 of the Planning and Environment Act 1987 insert—
"Note
Section 128 applies to an offence against this section.".
Division 4—Other amendments to the Planning and Environment Act 1987
19What is a metropolitan fringe planning scheme?
In section 46AA(l) of the Planning and Environment Act 1987, for "Shire" substitute "City".
20New sections 220A and 220B inserted
After section 220 of the Planning and Environment Act 1987 insert—
220ATransitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013"
Section 97H, as amended by section 13 of the Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013, applies in relation to a permit issued under section 97F before or after the commencement of section 13.
220BTransitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013
(1)For the avoidance of doubt, section 128 applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 17 of the Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013.
(2)This section does not limit section 14 of the Interpretation of Legislation Act 1984.".
21Investigation areas
In clause 2(c) and (g) in Schedule 1 to the Planning and Environment Act 1987, for "Shire" substitute "City".
22Statute law revision amendment
In the second example at the foot of section 201RE of the Planning and Environment Act 1987—
(a)omit "Example";
(b)for "RST Pty" substitute "2 RST Pty".
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Part 3—Repeal of amending Act
23Repeal of amending Act
This Act is repealed on 19 March 2015.
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
Minister's second reading speech—
Legislative Assembly: 6 March 2013
Legislative Council: 21 March 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the Planning and Environment Act 1987 to enable growth areas to be declared anywhere in Victoria, to expand the functions of the Growth Areas Authority and to make other amendments to improve the operation of that Act and for other purposes."
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