Untitled document
Planning and Environment (General Amendment) Act 2004
Act No. 81/2004
table of provisions
Section Page
Part 1—Preliminary
1.Purpose
2.Commencement
Part 2—Amendments to the Planning and Environment Act 1987
3.New sections 8 to 11 substituted
8.Minister is planning authority
9.Authorised persons and bodies are planning authorities
10.Restrictions and powers relating to the preparation of amendments
11.Minister may authorise planning authority to approve amendment
4.Municipal strategic statements
5.New section 12B inserted
12B.Review of planning schemes
6.Duties of responsible authority
7.Notice of amendment
8.Planning authority to submit adopted amendment to Minister
9.New heading to section 35
10.New sections 35A and 35B inserted
35A.Approving planning authority to first seek certification of Secretary
35B.Approval of amendment by planning authority
11.Notice to Parliament
12.Defects in procedure
13.Lodging of approved amendment
14.Who must keep up to date copy of planning scheme?
15.Repeal of Division 2 of Part 3AA
16.New section 46F substituted
46F.Planning schemes to comply with approved regional strategy plan
17.New section 46X substituted
46X.Planning schemes to comply with approved strategy
plan
18.New section 50 substituted and section 50A inserted
50.Amendment to application at request of applicant before notice
50A.Amendment of application by responsible authority before notice
19.More information regarding permit application
20.New sections 54A and 54B inserted
54A.Applicant may apply for extension of time to provide more information
54B.When does an application lapse?
21.New sections 57A to 57C inserted
57A.Amendments to application after notice of application is given
57B.Notice of amended application
57C.Amended application may go to referral authorities
22.Time for decision
23.What matters must a responsible authority consider?
24.Amendment to plans, drawings and other documents
25.Correction and amendment of permits
26.New Division 1A inserted in Part 4
Division 1A—Amendment of Permits by Responsible Authority
72.Application for amendment of permit
73.What is the procedure for the application?
74.Issue of amended permit if no objectors
75.Decision to amend permit if there are objectors
76.Refusal of amendment
76A.Notice to referral authority
76B.When does an amendment to a permit begin?
76C.Review of decision on amendment
76D.Powers of Minister in relation to application
27.Appeals against requirements
28.Appeal relating to extension of time to provide information
29.New section 84B substituted
84B.Matters for Tribunal to take into account
30.Determination of application for review
31.Amendment of heading to Division 3 of Part 4
32.Grounds for cancellation or amendment of permit
33.Matters which tribunal must take into account
34.Determination by Tribunal
35.Land owned or permit required by responsible authorities
36.Application for permit when amendment requested
37.Application of provisions to permit granted under Division 5 of Part 4
38.Powers of Minister in respect of application
39.General provisions
40.Powers of compulsory acquisition
41.Planning certificates
42.Regulation-making powers
43.New section 215 inserted
215.Transitional—Planning and Environment (General Amendment) Act 2004
44.New section 216 inserted
216.Transitional—Amendment of permits
Part 3—Amendments to Other Acts
45.Catchment and Land Protection Act 1994
46.Environment Effects Act 1978
47.Environment Protection Act 1970
48.Flora and Fauna Guarantee Act 1988
49.Local Government Act 1989
50.Mitcham-Frankston Project Act 2004
51.Subdivision Act 1988
52.Water Act 1989
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Endnotes
Planning and Environment (General Amendment) Act 2004
[Assented to 16 November 2004]
The Parliament of Victoria enacts as follows:
Part 1Preliminary—
1.Purpose
The main purpose of this Act is to amend the Planning and Environment Act 1987 to improve the planning system in Victoria.
2.Commencement
(1)Subject to sub-section (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 1 January 2006, it comes into operation on that day.
__________________
Part 2Amendments to the Planning and Environment Act 1987—
3.New sections 8 to 11 substituted
For sections 8, 9 and 11 of the Planning and Environment Act 1987 substitute—
"8.Minister is planning authority
(1)The Minister may prepare—
(a)a planning scheme for any municipal district or other area of Victoria; or
(b)amendments to any provision of a planning scheme.
(2)The Minister is a planning authority under this Act.
(3)This Act applies to a planning scheme prepared by the Minister as if it were an amendment to a planning scheme.
9.Authorised persons and bodies are planning authorities
(1)The Minister may authorise any other Minister or public authority to prepare an amendment to any part of the State standard provisions and local provisions of a planning scheme.
(2)The Minister, on the application of a municipal council, may authorise that municipal council to prepare an amendment to any part of the State standard provisions and local provisions of—
(a)a planning scheme in force in its municipal district; or
(b)a planning scheme applying to an area adjoining its municipal district.
(3)An application under sub-section (2) must be in writing in a form approved by the Minister and contain the information required by the Minister.
(4)An authorisation must be in writing.
(5)The Minister may authorise the preparation of an amendment subject to any conditions the Minister wishes to impose, including conditions relating to the giving of notice of the amendment.
(6)A person or body who is authorised under this section to prepare an amendment to a planning scheme is a planning authority under this Act.
10.Restrictions and powers relating to the preparation of amendments
(1)The power given to a planning authority to prepare an amendment to the State standard provisions of a planning scheme extends only to the inclusion of a provision in or deletion of a provision from the State standard provisions of the planning scheme.
(2)A planning authority that is given power to amend more than one planning scheme may prepare amendments to two or more of those schemes in the one instrument.
(3)Only the Minister may include in an amendment a provision setting out the classes of land, use or development exempted from section 96(1) or 96(2).
(4)The Minister cannot authorise a municipal council to prepare an amendment to a planning scheme applying to the Port of Melbourne Area unless the amendment does not affect or apply to land in that Area.
11.Minister may authorise planning authority to approve amendment
(1)If the Minister authorises the preparation of an amendment to a planning scheme, the Minister must state in the authorisation whether—
(a)the planning authority is also authorised to approve the amendment under section 35B; or
(b)the amendment must be submitted to the Minister under section 31 for approval.
(2)The Minister, at any time before notice of the approval of the amendment is published in the Government Gazette under section 36, may, in writing, withdraw an authorisation under sub-section (1)(a).
(3)If the Minister withdraws an authorisation under sub-section (1)(a)—
(a)any approval of the amendment by the planning authority is, and is deemed always to have been, of no effect; and
(b)the amendment must be submitted to the Minister under section 31 for approval.
(4)The Minister cannot authorise a planning authority to approve an amendment under section 35B if—
(a)it is an amendment to a metropolitan fringe planning scheme within the meaning of Part 3AA—
(i)that amends or inserts an urban growth boundary within the meaning of that Part; or
(ii)that has the effect of altering or removing any controls over the subdivision of any green wedge land within the meaning of that Part to allow the land to be subdivided into more lots or into smaller lots than allowed for in the planning scheme; or
(b)the amendment is to be considered concurrently with an application for a permit under Division 5 of Part 4.".
4.Municipal strategic statements
Sections 12A(5) and 12A(6) of the Planning and Environment Act 1987 are repealed.
5.New section 12B inserted
After section 12A of the Planning and Environment Act 1987 insert—
"12B.Review of planning schemes
(1)A planning authority which is a municipal council must review its planning scheme at least once in every 3 years after the commencement of section 5 of the Planning and Environment (General Amendment) Act 2004.
(2)A planning authority which is a municipal council must also review its planning scheme at any other time that the Minister directs.
(3)The objective of a review under this section is to enhance the effectiveness and efficiency of the planning scheme in achieving—
(a)the objectives of planning in Victoria; and
(b)the objectives of the planning framework established by this Act.
(4)The review must evaluate the planning scheme to ensure that it—
(a)is consistent in form and content with the directions or guidelines issued by the Minister under section 7; and
(b)sets out effectively the policy objectives for use and development of land in the area to which the planning scheme applies; and
(c)makes effective use of State provisions and local provisions to give effect to State and local planning policy objectives.
(5)On completion of a review under this section, the planning authority must without delay report the findings of the review to the Minister.".
6.Duties of responsible authority
In section 14(a) of the Planning and Environment Act 1987 before "administer" insert "efficiently".
7.Notice of amendment
In section 19(5) of the Planning and Environment Act 1987 after "adoption" insert "or approval".
8.Planning authority to submit adopted amendment to Minister
After section 31(2) of the Planning and Environment Act 1987 insert—
"(3)This section and sections 32 to 35 do not apply to an amendment if a planning authority is authorised under section 11 to approve that amendment.".
9.New heading to section 35
Insert the following heading to section 35 of the Planning and Environment Act 1987—
"Approval of amendment by Minister".
10.New sections 35A and 35B inserted
After section 35 of the Planning and Environment Act 1987 insert—
"35A.Approving planning authority to first seek certification of Secretary
(1)This section applies if a planning authority is authorised under section 11 to approve an amendment and has adopted the amendment under section 29.
(2)The planning authority must not approve the amendment under section 35B unless the amendment has been certified by the Secretary to the Department as being in an appropriate form.
(3)Before certifying an amendment under this section, the Secretary to the Department may require any changes to the amendment that are necessary to ensure that it is an appropriate form.
35B.Approval of amendment by planning authority
(1)If a planning authority is authorised under section 11 to approve an amendment, the planning authority may approve the amendment in the form certified under section 35A.
(2)A planning authority must give to the Minister—
(a)a notice of the approval of a planning scheme under this section; and
(b)a copy of the approved amendment and any documents prescribed for the purposes of section 40; and
(c)any other prescribed documents and information in relation to the planning scheme.
(3)The notice of approval must contain the prescribed information.".
11.Notice to Parliament
After section 38(1) of the Planning and Environment Act 1987 insert—
"(1AA)If the amendment was approved by the planning authority under section 35B, the notice under sub-section (1)—
(a)must state that the amendment was approved under the Minister's authority; and
(b)must state the date that the authority was given.".
12.Defects in procedure
In section 39(4)(b)(i) of the Planning and Environment Act 1987 after "adopt" insert "or approve".
13.Lodging of approved amendment
(1)For section 40(1) of the Planning and Environment Act 1987 substitute—
"(1)If the Minister approves an amendment to a planning scheme under section 35, the Minister, or if the Minister directs, the planning authority, must lodge the prescribed documents and a copy of the approved amendment with the relevant authorities.
(1A)If the planning authority approves an amendment to a planning scheme under section 35B, the planning authority must lodge the prescribed documents and a copy of the approved amendment with the relevant authorities.".
(2)After section 40(2) of the Planning and Environment Act 1987 insert—
"(3)In this section the relevant authorities are—
(a)the responsible authority; and
(b)the municipal council if the planning scheme applies to its municipal district and it is not the responsible authority; and
(c)any other person or persons whom the Minister specifies generally for the planning scheme or for the particular amendment.".
14.Who must keep up to date copy of planning scheme?
In section 42 of the Planning and Environment Act 1987 for "any person with whom an amendment to a planning scheme must be lodged under section 40(1)(aa) or (b)" substitute "the municipal council, if it is not the responsible authority,".
15.Repeal of Division 2 of Part 3AA
Division 2 of Part 3AA of the Planning and Environment Act 1987 is repealed.
16.New section 46F substituted
For section 46F of the Planning and Environment Act 1987 substitute—
"46F.Planning schemes to comply with approved regional strategy plan
Despite anything to the contrary in this Act, an amendment to a planning scheme must not be approved under section 35 or 35B in relation to the region if the amendment is inconsistent with the approved regional strategy plan.".
17.New section 46X substituted
For section 46X of the Planning and Environment Act 1987 substitute—
"46X.Planning schemes to comply with approved strategy plan
Despite anything to the contrary in this Act, an amendment to a planning scheme must not be approved under section 35 or 35B in relation to the Melbourne Airport Environs Area if the amendment is inconsistent with the approved strategy plan.".
18.New section 50 substituted and section 50A inserted
For section 50 of the Planning and Environment Act 1987 substitute—
"50.Amendment to application at request of applicant before notice
(1)An applicant may ask the responsible authority to amend an application before notice of the application is first given under section 52.
(2)An amendment to an application may include—
(a)an amendment to the use or development mentioned in the application; and
(b)an amendment to the description of land to which the application applies; and
(c)an amendment to any plans and other documents forming part of or accompanying the application.
(3)A request under this section must—
(a)be accompanied by the prescribed fee (if any); and
(b)be accompanied by any information or document referred to in section 47(1)(c) to 47(1)(e) that relates to the proposed amendment to the application and that was not provided with the original application; and
(c)if the applicant is not the owner of the land to which the application applies, be signed by the owner or include a declaration by the applicant, that the applicant has notified the owner about the request.
(4)Subject to sub-section (5), the responsible authority must amend the application in accordance with the request.
(5)The responsible authority may refuse to amend the application if it considers that the amendment is so substantial that a new application for a permit should be made.
(6)The responsible authority must make a note in the register if any amendment is made to an application under this section.
(7)On the amendment of an application under this section, the amended application is to be taken—
(a)to be the application for the purposes of this Act; and
(b)to have been received on the day that the request for amendment was received by the responsible authority.
50A.Amendment of application by responsible authority before notice
(1)With the agreement of the applicant and after giving notice to the owner, the responsible authority may make any amendments to an application that it thinks necessary before notice of the application is first given under section 52.
(2)An amendment to an application may include—
(a)an amendment to the use or development mentioned in the application; and
(b)an amendment to the description of land to which the application applies; and
(c)an amendment to any plans and other documents forming part of or accompanying the application.
(3)The responsible authority may require the applicant—
(a)to notify the owner under sub-section (1); and
(b)to make a declaration that that notice has been given.
(4)The responsible authority must make a note in the register if any amendment is made to an application under this section.
(5)On the amendment of an application under this section, the amended application is to be taken—
(a)to be the application for the purposes of this Act; and
(b)to have been received on the day that the applicant agreed to the amendment.".
19.More information regarding permit application
After section 54(1) of the Planning and Environment Act 1987 insert—
"(1A)A requirement under sub-section (1) must be made by giving notice in writing setting out the information to be provided.
(1B)If a requirement is made under sub-section (1) within the prescribed time, the notice must also state that the application will lapse on the lapse date specified in the notice if the required information is not given before that date.
Note :Section 54A allows an extension of time to be sought.
(1C)The lapse date must be a day not less than 30 days after the date of the notice.".
20.New sections 54A and 54B inserted
After section 54 of the Planning and Environment Act 1987 insert—
"54A.Applicant may apply for extension of time to provide more information
(1)An applicant may apply to the responsible authority for an extension of time to give the information required under section 54 if the requirement was made within the prescribed time under that section.
(2)An application for an extension of time must be made before the lapse date specified in the requirement notice.
(3)The responsible authority may decide to extend the time to give the required information or refuse to extend that time.
(4)The responsible authority must give the applicant written notice of its decision under sub-section (3).
(5)If the responsible authority decides to extend the time, the notice must set out a new lapse date for the application.
(6)If the responsible authority decides to refuse to extend the time and, at the date of the decision, the lapse date has passed or will occur within the next 14 days, the notice must set out a new lapse date that is 14 days from the date of the decision.
54B.When does an application lapse?
(1)An application for a permit lapses if the information required under section 54(1) within the prescribed time under that section (or that requirement as changed by the Tribunal under section 78(b)) is not given by the final lapse date for the application.
(2)The final lapse date for an application is the last of the following to occur—
(a)the lapse date specified in the notice under section 54(1A);
(b)the new lapse date set out in a notice under section 54A, if applicable;
(c)if the applicant has made an application to the Tribunal under section 78(b) in respect of the requirement for more information and the Tribunal has confirmed or changed the requirement, the new lapse date determined by the Tribunal under section 85(3);
(d)if the applicant has made an application to the Tribunal under section 81(2) in respect of the refusal or failure of the responsible authority to extend the time to give the information and the Tribunal extends the time, the day after the end of the extended time;
(e)if the applicant has made an application to the Tribunal under section 81(2) in respect of the refusal or failure of the responsible authority to extend the time to give the information and the Tribunal refuses to extend the time, the day that is 14 days after the day on which the Tribunal makes its determination.".
21.New sections 57A to 57C inserted
After section 57 of the Planning and Environment Act 1987 insert—
"57A.Amendments to application after notice of application is given
(1)An applicant may ask the responsible authority to amend an application after notice of the application is given under section 52.
(2)An amendment to an application may include—
(a)an amendment to the use or development mentioned in the application; and
(b)an amendment to the description of land to which the application applies; and
(c)an amendment to any plans and other documents forming part of or accompanying the application.
(3)A request under this section must—
(a)be accompanied by the prescribed fee (if any); and
(b)be accompanied by any information or document referred to in section 47(1)(c) to 47(1)(e) that relates to the proposed amendment to the application and that was not provided with the original application; and
(c)if the applicant is not the owner of the land to which the application applies, be signed by the owner or include a declaration by the applicant that the applicant has notified the owner about the request.
(4)Subject to sub-section (5), the responsible authority must amend the application in accordance with the request.
(5)The responsible authority may refuse to amend the application if it considers that the amendment is so substantial that a new application for a permit should be made.
(6)The responsible authority must make a note in the register if any amendment is made to an application under this section.
(7)On the amendment of an application under this section—
(a)the amended application is to be taken—
(i)to be the application for the purposes of this Act; and
(ii)to have been received on the day that the request for amendment was received by the responsible authority; and
(b)all objections made in relation to the original application are to be taken to be objections to the amended application.
(8)Nothing in this section affects any right a person may have to make a request under section 87 or 89 in respect of anything done or not done in relation to the original application.
(9)Sections 52 and 55 do not apply to an amended application.
57B.Notice of amended application
(1)If an application is amended under section 57A, the responsible authority must determine—
(a)whether and to whom notice should be given in respect of the amended application; and
(b)if notice is to be given, the nature and extent of that notice.
(2)In determining whether or not notice should be given of an amended application, the responsible authority must consider whether, as a result of the amendments made to the application, the grant of the permit would cause material detriment to any person.
(3)Section 53 applies to a notice under this section as if it were a notice under section 52(1).
57C.Amended application may go to referral authorities
(1)The responsible authority must give a copy of an amended application to every person or body that the planning scheme specifies as a referral authority for applications of that kind without delay unless the responsible authority considers that the amendment to the application would not adversely affect the interests of the referral authority.
(2)A referral authority must tell the responsible authority in writing within the prescribed time after getting the amended application if it needs any more information in respect of the amendment.".
22.Time for decision
(1)For section 59(1) of the Planning and Environment Act 1987 substitute—
"(1)The responsible authority may decide on an application without delay if—
(a)the responsible authority is not required to give notice under section 52(1) or 52(1AA); or
(b)the responsible authority does not require notice to be given under section 57B; or
(c)the application is not required to be referred to a referral authority under section 55 or 57C.".
(2)In sections 59(2)(b) and 59(3)(b) of the Planning and Environment Act 1987 for "and 52(1AA)" substitute ", 52(1AA) and 57B".
23.What matters must a responsible authority consider?
(1)For section 60(1) of the Planning and Environment Act 1987 substitute—
"(1)Before deciding on an application, the responsible authority must consider—
(a)the relevant planning scheme; and
(b)the objectives of planning in Victoria; and
(c)all objections and other submissions which it has received and which have not been withdrawn; and
(d)any decision and comments of a referral authority which it has received; and
(e)any significant effects which the responsible authority considers the use or development may have on the environment or which the responsible authority considers the environment may have on the use or development.
(1A)Before deciding on an application, the responsible authority, if the circumstances appear to so require, may consider—
(a)any significant social and economic effects of the use or development for which the application is made; and
(b)the approved regional strategy plan under Part 3A; and
(c)any amendment to the approved regional strategy plan under Part 3A adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and
(d)the approved regional strategy plan under Part 3C; and
(e)any amendment to the approved regional strategy plan under Part 3C adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and
(f)any relevant State environment protection policy declared in any Order made by the Governor in Council under section 16 of the Environment Protection Act 1970; and
(g)any other strategic plan, policy statement, code or guideline which has been adopted by a Minister, government department, public authority or municipal council; and
(h)any amendment to the planning scheme which has been adopted by a planning authority but not, as at the date on which the application is considered, approved by the Minister or a planning authority; and
(i)any agreement made pursuant to section 173 affecting the land the subject of the application; and
(j)any other relevant matter.".
(2)In section 60(3) of the Planning and Environment Act 1987—
(a)for "sub-section (1)(a)(i)" substitute "sub‑section (1)(c)"; and
(b)after "section 52(1)" insert "or 57B".
24.Amendment to plans, drawings and other documents
Section 62(3) of the Planning and Environment Act 1987 is repealed.
25.Correction and amendment of permits
(1)In section 71(1) of the Planning and Environment Act 1987 after "the responsible authority" insert "(including a permit issued at the direction of the Tribunal)".
(2)Sections 72 to 76 of the Planning and Environment Act 1987 are repealed.
26.New Division 1A inserted in Part 4
After Division 1 of Part 4 of the Planning and Environment Act 1987 insert—
"Division 1A—Amendment of Permits by Responsible Authority
72.Application for amendment of permit
(1)A person who is entitled to use or develop land in accordance with a permit may apply to the responsible authority for an amendment to the permit.
(2)This section does not apply to—
(a)a permit issued at the direction of the Tribunal; or
(b)a permit issued under Division 6.
(3)In this section a reference to a permit includes any plans, drawings or other documents approved under a permit.
73.What is the procedure for the application?
(1)Subject to this section, sections 47 to 62 (with any necessary changes) apply to an application to the responsible authority to amend a permit as if—
(a)the application were an application for a permit; and
(b)any reference to a permit were a reference to the amendment to the permit.
(2)If the responsible authority decides to grant an amendment to a permit subject to conditions, the conditions must relate to the amendment to the permit; and
(3)Any conditions to which an amendment to a permit is subject form part of the permit when it is issued.
Note:An application may be made under section 69 to extend the time within which a use or development or any stage of it is to be started or a development or any stage of it is to be completed.
74.Issue of amended permit if no objectors
Once it has decided in favour of an application to amend a permit, the responsible authority must issue an amended permit to the applicant if no one has objected or if notice of the decision to grant the amendment to the permit is not required to be given to objectors under section 64.
75.Decision to amend permit if there are objectors
Section 64 (with any necessary changes) applies to a decision to grant an amendment to a permit as if—
(a) a reference to a decision to grant a permit were a reference to the decision to grant the amendment; and
(b)a reference to the issue of a permit were a reference to the issue of an amended permit.
76.Refusal of amendment
(1)The responsible authority must give the applicant and each objector a notice in the prescribed form of its decision to refuse to grant an amendment to a permit.
(2)The notice must set out the specific grounds on which the application is refused and state whether the grounds were those of the responsible authority or a referral authority.
76A.Notice to referral authority
The responsible authority must give each relevant referral authority a copy of the amended permit, if it decides to grant an amendment to the permit, and a copy of any notice given under section 64 or 76.
76B.When does an amendment to a permit begin?
An amendment to a permit under this Division operates—
(a)from the date specified in the amended permit; or
(b)if no date is specified, from—
(i)the date of the decision of the Tribunal if the amended permit was issued at the direction of the Tribunal; or
(ii)the day on which the amended permit is issued, in any other case.
76C.Review of decision on amendment
Division 2 (with any necessary changes) applies to an application for an amendment of a permit and an amendment of a permit as if—
(a)a reference to an application for a permit were a reference to an application for the amendment; and
(b)a reference to the grant of a permit were a reference to the grant of the amendment; and
(c)a reference to the issue of a permit were a reference to the issue of an amended permit.
76D.Powers of Minister in relation to application
(1)Sections 97A, 97B, 97C, 97D(1), 97E, 97F(1), 97G(1) to (5) (with any necessary changes) apply to an application for an amendment to a permit under this Division as if—
(a)a reference to an application for a permit were a reference to an application for the amendment; and
(b)a reference to the grant of a permit were a reference to the grant of the amendment.
(2)Subject to sub-sections (3) and (6), this Division applies to an application referred to the Minister under this section as if—
(a)the Minister were the responsible authority; and
(b)all steps taken under this Division by the first responsible authority had been taken by the Minister.
(3)Sections 59, 61, 64, 65, 66 and 74 do not apply to an application referred to the Minister under this section.
(4)Once the Minister has decided in favour of an application, the Minister must direct the first responsible authority to issue an amended permit to the applicant.
(5)The first responsible authority must comply with a direction under sub-section (4).
(6)Section 76C and Division 3 of this Part do not apply in relation to—
(a)an application referred to the Minister under this section; or
(b)an amendment of a permit granted under this section.
(7)Division 5 of Part 6 does not apply in respect of a matter that an amendment to a permit under this Division specifies is to be done by, approved by or done to the satisfaction of the Minister.".
27.Appeals against requirements
In section 78(a) of the Planning and Environment Act 1987 after "section 52(1)(d)" insert "or 57B".
28.Appeal relating to extension of time to provide information
At the end of section 81 of the Planning and Environment Act 1987 insert—
"(2)An applicant for a permit may apply to the Tribunal for a review of a decision of a responsible authority under section 54A to refuse to extend the time within which information must be given by the applicant under section 54.".
29.New section 84B substituted
For section 84B of the Planning and Environment Act 1987 substitute—
"84B.Matters for Tribunal to take into account
(1)In determining an application for review under this Act, the Tribunal must—
(a)take account of any matter which the person or body in respect of whose decision the application for review is made—
(i)properly took account of in making its decision; or
(ii)was required to take account of in making its decision; and
(b)have regard to any matter which the person or body in respect of whose decision the application for review is made—
(i)properly had regard to in making its decision; or
(ii)is required to have regard to in making its decision.
(2)In determining an application for review under this Act, in addition to the matters referred to in sub-section (1), the Tribunal—
(a)must take into account any relevant planning scheme;
(b)must have regard to the objectives of planning in Victoria;
(c)must (where appropriate) take account of the approved regional strategy plan under Part 3A;
(d)must (where appropriate) take account of the approved strategy plan under Part 3C;
(e)must take account of and give effect to any relevant State environment protection policy declared in any Order made by the Governor in Council under section 16 of the Environment Protection Act 1970;
(f)must (where appropriate) take account of the extent to which persons residing or owning land in the vicinity of the land which is the subject of the application for review were able to and in fact did participate in the procedures required to be followed under this Act before the responsible authority could make a decision in respect of the application for a permit;
(g)must (where appropriate) have regard to any amendment to a planning scheme which has been adopted by the planning authority but not, as at the date on which the application for review is determined, approved by the Minister or the planning authority;
(h)must (where appropriate) have regard to any agreement made pursuant to section 173 affecting the land the subject of the application for review;
(i)must (where appropriate) have regard to any amendment to the approved regional strategy plan under Part 3A adopted under this Act but not, as at the date on which the application for review is determined, approved by the Minister;
(j)must (where appropriate) have regard to any amendment to the approved strategy plan under Part 3C adopted under this Act but not, as at the date on which the application for review is determined, approved by the Minister;
(k)must take account of any other matter which the Tribunal is required by the provisions of this Act or any other Act to take account of in determining the application for review.".
30.Determination of application for review
(1)In section 85(1)(c) of the Planning and Environment Act 1987 after "section 52(1)(d)" insert "or 57B".
(2)After section 85(1)(d) of the Planning and Environment Act 1987 insert—
"(da)direct that the time within which information is to be given under section 54 must be extended for a specified period or must not be extended, in the case of an application for review of the refusal or failure of the responsible authority to extend the time under section 54A; or".
(3)For section 85(3) of the Planning and Environment Act 1987 substitute—
"(3)If the Tribunal gives a direction under sub-section (1)(d)(ii) or (1)(d)(iii) in respect of a requirement for more information which was made within the prescribed time under section 54, the Tribunal must determine a new lapse date for the application which must permit a period for compliance that is not less than the period allowed for in the notice of the requirement.".
31.Amendment of heading to Division 3 of Part 4
In the heading to Division 3 of Part 4 of the Planning and Environment Act 1987 after "Permits" insert "by Tribunal".
32.Grounds for cancellation or amendment of permit
(1)In section 87(1)(e) of the Planning and Environment Act 1987 for "section 52" substitute "this Act".
(2)After section 87(3)(d) of the Planning and Environment Act 1987 insert—
"; or
(e)any person who is entitled to use or develop the land concerned.".
(3)For section 87(4) of the Planning and Environment Act 1987 substitute—
"(4)Nothing in this Division affects the power of a responsible authority to amend a permit under Division 1A.".
33.Matters which tribunal must take into account
In section 90A(1) and (2) of the Planning and Environment Act 1987 for "section 84B(1)" substitute "section 84B(2)".
34.Determination by Tribunal
After section 91(2) of the Planning and Environment Act 1987 insert—
"(2A)If the Tribunal directs the responsible authority to amend a permit, the responsible authority must issue an amended permit to the owner of land to which the permit relates.".
35.Land owned or permit required by responsible authorities
In section 96(4) of the Planning and Environment Act 1987 after "Divisions 1," insert "1A,".
36.Application for permit when amendment requested
In section 96A(6) of the Planning and Environment Act 1987—
(a)for "49 and 50" substitute "49, 50 and 50A"; and
(b)for "section 50(1) and (2)" substitute "sections 50 and 50A".
37.Application of provisions to permit granted under Division 5 of Part 4
In section 96M of the Planning and Environment Act 1987—
(a)in sub-section (1), for "Sections 68 to 76" substitute "Sections 68 to 76D";
(b)in sub-section (2), for "Sections 81" substitute "Sections 81(1)".
38.Powers of Minister in respect of application
(1)In section 97E(5)(b) of the Planning and Environment Act 1987 after "section 52(1)" insert "or 57B".
(2)Section 97H(b) of the Planning and Environment Act 1987 is repealed.
(3)Section 97H(e) of the Planning and Environment Act 1987 is repealed.
(4)After section 97I(1) of the Planning and Environment Act 1987 insert—
"(1A)In this section a reference to a permit includes any plans, drawings or other documents approved under a permit.".
(5)Section 97I(3) of the Planning and Environment Act 1987 is repealed.
(6)In section 97K(1)(b) of the Planning and Environment Act 1987 omit " or section 73".
39.General provisions
In section 147(1)(c) of the Planning and Environment Act 1987 before "serve" insert "give or".
40.Powers of compulsory acquisition
In section 172(1)(a) of the Planning and Environment Act 1987 after "adopted" insert "or approved".
41.Planning certificates
Section 199(2)(a) of the Planning and Environment Act 1987 is repealed.
42.Regulation-making powers
(1)In section 202(a) of the Planning and Environment Act 1987 after "permit" insert "or an amendment of a permit".
(2)After section 202(b) of the Planning and Environment Act 1987 insert—
"(ba)providing for matters to be covered in a review of a planning scheme; and".
(3)For section 202(g) of the Planning and Environment Act 1987 substitute—
"(g)prescribing the information to be included in or to accompany any application, notice, permit, certificate, or request; and".
43.New section 215 inserted
After section 214 of the Planning and Environment Act 1987 insert—
"215.Transitional—Planning and Environment (General Amendment) Act 2004
The amendment of this Act by sections 3 and 7 to 17 of the Planning and Environment (General Amendment) Act 2004 does not affect—
(a)an amendment to a planning scheme if notice of that amendment was given under section 19 of this Act before the commencement of those sections of that 2004 Act; or
(b)an amendment to a metropolitan fringe planning scheme within the meaning of Part 3AA of this Act if notice of that amendment was given under section 19 before 12 June 2003.".
44.New section 216 inserted
At the end of Part 11 of the Planning and Environment Act 1987 insert—
"216.Transitional—Amendment of permits
Despite the repeal of section 62(3) by the Planning and Environment (General Amendment) Act 2004, that provision continues to apply to any permit granted before or within 3 months after the commencement of section 24 of that Act.".
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Part 3—Amendments to Other Acts
45.Catchment and Land Protection Act 1994
In section 48B(b) of the Catchment and Land Protection Act 1994 after "Minister" insert
"or the planning authority".
46.Environment Effects Act 1978
In section 8(6)(b) of the Environment Effects Act 1978 after "permit" insert "or an amendment to a permit".
47.Environment Protection Act 1970
(1)In section 19B(5A) of the Environment Protection Act 1970 after "Minister" insert
"or the planning authority".
(2)In section 37A(b) of the Environment Protection Act 1970 after "Minister" insert "or the planning authority".
48.Flora and Fauna Guarantee Act 1988
In section 41B(b) of the Flora and Fauna Guarantee Act 1988 after "Minister" insert
"or the planning authority".
49.Local Government Act 1989
In section 185AB(b) of the Local Government Act 1989 after "Minister" insert "or the planning authority".
50.Mitcham-Frankston Project Act 2004
In section 123 of the Mitcham-Frankston Project Act 2004 for "section 11" substitute "section 9".
51.Subdivision Act 1988
In section 41B(b) of the Subdivision Act 1988 after "Minister" insert "or the planning authority".
52.Water Act 1989
In section 305B(b) of the Water Act 1989 after "Minister" insert "or the planning authority".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 16 September 2004
Legislative Council: 4 November 2004
The long title for the Bill for this Act was "to amend the Planning and Environment Act 1987 to improve the planning system in Victoria and for other purposes."
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