Untitled document

Planning and Environment Amendment (VicSmart Planning Assessment) Act 2012

No. 53 of 2012

TABLE OF PROVISIONS

Section  Page

PART 1—PRELIMINARY

1Purpose

2Commencement

PART 2—VICSMART PLANNING ASSESSMENT PROCESS FOR PERMITS

3What can a planning scheme provide for?

4New section 13 substituted

13Responsible authority

5Register of applications

6More information

7Responsible authority not required to consider exempted matters

8New section 61A inserted

61ADecisions where responsible authority is a council officer

9Matters for Tribunal to take into account

10What if the responsible authority changes?

PART 3—REPEAL OF AMENDING ACT

11Repeal of amending Act

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ENDNOTES

Planning and Environment Amendment (VicSmart Planning Assessment) Act 2012

No. 53 of 2012

[Assented to 18 September 2012]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purpose

The main purpose of this Act is to amend the Planning and Environment Act 1987 to introduce a new assessment process for specified permit applications.

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 on or before 20 May 2013, it comes into operation on that day.

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PART 2—VICSMART PLANNING ASSESSMENT PROCESS FOR PERMITS

3What can a planning scheme provide for?

(1)After section 6(2)(ha) of the Planning and Environment Act 1987 insert—

"(hb)set out different procedures for particular classes of applications for permits;".

(2)After section 6(2)(kc) of the Planning and Environment Act 1987 insert—

"(kca)set out classes of applications for permits that are exempted from the requirements of section 54;

(kcb)set out classes of applications for permits that are exempted wholly or in part from the requirements of section 60(1)(b) to (e) and (1A);".

(3)After section 6(2)(kd) of the Planning and Environment Act 1987 insert—

"(kda)set out classes of applications for review that are exempted wholly or in part from the requirements of section 84B(2)(b) to (ja);".

4New section 13 substituted

For section 13 of the Planning and Environment Act 1987 substitute—

13Responsible authority"

(1)This section specifies who is the responsible authority for the administration and enforcement of—

(a)a planning scheme;

(b)a provision of a planning scheme;

(c)a planning scheme or a provision of a planning scheme in relation to an area of land covered by the planning scheme;

(d)a planning scheme or a provision of a planning scheme in relation to a type of use or development;

(e)a planning scheme or a provision of a planning scheme in relation to a class or classes of application.

(2)The person who is the responsible authority is—

(a)the municipal council, if the planning scheme applies to land which is wholly or partly in its municipal district, unless the planning scheme specifies any other person as the responsible authority; or

(b)the Minister, if the planning scheme applies only to land outside a municipal district, unless the planning scheme specifies any other person as the responsible authority; or

(c)any person whom the planning scheme specifies as a responsible authority for that purpose.".

5Register of applications

After section 49(2) of the Planning and Environment Act 1987 insert—

"(3)If the responsible authority in relation to an application for a permit is an officer of the municipal council, the responsible authority in relation to the application for the purposes of this section is the municipal council.".

6More information

After section 54(2) of the Planning and Environment Act 1987 insert—

"(3)If an application for a permit is of a class that is exempted by a planning scheme from the requirements of this section, the responsible authority must not require the applicant to provide it or the referral authority with more information under this section before it deals with the application.".

7Responsible authority not required to consider exempted matters

After section 60(3) of the Planning and Environment Act 1987 insert—

"(3A)If an application for a permit is of a class that is exempted by a planning scheme wholly or in part from the requirements of subsections (1)(b) to (e) and (1A), the responsible authority is not required to consider the exempted matters before deciding the application.".

8New section 61A inserted

After section 61 of the Planning and Environment Act 1987 insert—

"61A   Decisions where responsible authority is a council officer

(1)This section applies if a council officer has a power, duty or function as a responsible authority.

(2)Section 80B of the Local Government Act 1989 applies to the council officer in relation to the power, duty or function as if he or she were a member of Council staff who has been delegated the power, duty or function by the municipal council.

(3)The council officer must delegate the power, duty or function to another council officer of the municipal council if, under section 80B of the Local Government Act 1989, the council officer is prohibited from exercising that power or discharging that duty or function because he or she has a conflict of interest.

(4)Any permit issued by the council officer is taken to be a permit issued by the municipal council as the responsible authority (except for the purposes of a review under section 80).

(5)In this section—

council officer means—

(a)a Chief Executive Officer within the meaning of section 3(1) of the Local Government Act 1989; or

(b)a member of Council staff within the meaning of section 3(1) of the Local Government Act 1989.".

9Matters for Tribunal to take into account

After section 84B(2) of the Planning and Environment Act 1987 insert—

"(3)If an application for review is of a class that is exempted by a planning scheme wholly or in part from the requirements of subsection (2)(b) to (ja), the Tribunal is not required to take into account or have regard to the exempted matters in determining the application.".

10What if the responsible authority changes?

After section 201A(b) of the Planning and Environment Act 1987 insert—

"(ba)an amendment to an application for a permit; or".

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PART 3—REPEAL OF AMENDING ACT

11Repeal of amending Act

This Act is repealed on 20 May 2014.

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 Council: 19 June 2012

Legislative Assembly: 29 August 2012

The long title for the Bill for this Act was "A Bill for an Act to amend the Planning and Environment Act 1987 to introduce a new assessment process for specified permit applications and for other purposes."