Untitled document

Planning and Environment (Amendment) Act 2000

Act No. 28/2000

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—AMENDMENTS TO PLANNING AND ENVIRONMENT

ACT 1987 4

3.	Increase of penalties	4
4.	Conditions on permit	4
5.	Decision to amend by responsible authority	4
6.	Matters which the Tribunal must take into account	4
7.	New section 90A inserted	5

90A. Matters which Tribunal must take into account 5

8.	Notice of amendment and application	5
9.	Repeal of provision relating to convictions	5
10.	Increase of penalties	5
11.	Transitional provisions	6

213. Transitional provisions 6

PART 3—AMENDMENTS TO BUILDING ACT 1993 8

12.	Definition of reporting authority	8
13.	Building permit to be consistent with planning permit	8
14.	Special buildings	8
15.	New sections 29A and 29B inserted	9

29A.	Application for building permit for demolition	9
29B.	Suspension of demolition permit pending amendment of
planning scheme	10

16.	Regulation making powers	12
17.	Consultation with reporting authorities	12
18.	New clause 6A inserted in Schedule 2	13

6A.	What if the reporting authority is the responsible
authority under the Planning and Environment Act
1987? 13

19. Building surveyor to consider report of reporting authority 14

i

Section Page

20. Statute law revision 14

PART 4—AMENDMENTS TO OTHER ACTS 16

21.	Increase in penalties in Prostitution Control Act 1994	16
22.	Amendment of Residential Tenancies Act 1997	16
23.	Amendment of Subdivision Act 1988	16

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NOTES 18

ii

Victoria

No. 28 of 2000

Planning and Environment

(Amendment) Act 2000†

[Assented to 30 May 2000]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a) to amend the Planning and Environment Act 1987—

(i)  to increase the penalties under that Act; and

Planning and Environment (Amendment) Act 2000

Act No. 28/2000 s. 2

(ii)  to provide for matters to be taken into account in considering applications for amendments to planning permits; and

(b) to amend the Building Act 1993—

(i)

to provide for consistency between and

(ii) relevant responsible authority in

to require the consent and report of the permits; and

(iii)

to enable the suspension of applications amendment of planning schemes; and

(iv) reporting authorities for considering

to provide for fees to be paid to permits; and

(c)	to amend the Prostitution Control Act 1994 to increase the penalties under that Act; and
(d)	to amend the Residential Tenancies Act 1997 to apply the plumbing provisions of the Building Act 1993 to mobile homes in caravan parks.
(e)

to amend the Subdivision Act 1988 to in relation to bodies corporate.

2. Commencement

(1) This Part and Parts 2 and 4 come into operation on

the day after the day on which this Act receives

the Royal Assent.

(2) Subject to sub-section (3), Part 3 comes into
operation on a day to be proclaimed.
Planning and Environment (Amendment) Act 2000

s. 2 Act No. 28/2000

(3) If Part 3 does not come into operation before

1 January 2001, it comes into operation on that

day.

_______________
Planning and Environment (Amendment) Act 2000

Act No. 28/2000 s. 3

PART 2—AMENDMENTS TO PLANNING AND

ENVIRONMENT ACT 1987

3. Increase of penalties

In section 48(2) of the Planning and	No. 45/1987. Reprint No. 6
Environment Act 1987, for "50 penalty units"	as at
substitute "60 penalty units".	12 August 1999.

4. Conditions on permit

In section 62 of the Planning and Environment
Act 1987, for sub-section (3) substitute—

"(3) The responsible authority may approve an

amendment to any plans, drawings or other
documents approved under a permit if the

amendment is consistent with—

(a) the planning scheme currently applying to the land; and

(b) the permit.".

5. Decision to amend by responsible authority
After section 73(b) of the Planning and
Environment Act 1987 insert—

"(ba) is consistent with the planning scheme

currently applying to the land the subject of

the permit; and".

6. Matters which the Tribunal must take into account

(1) In section 84B(1)(i) of the Planning and

Environment Act 1987, after "this Act" insert

"or any other Act".

(2) In section 84B(2) of the Planning and

Environment Act 1987 after "have regard to" insert "or is required to take account of or have regard to".

Planning and Environment (Amendment) Act 2000

s. 7 Act No. 28/2000

7. New section 90A inserted

After section 90 of the Planning and

Environment Act 1987, insert—

"90A. Matters which Tribunal must take into

account

(1) In determining a request, the Tribunal must

take into account the matters set out in
section 84B(1) as if the request were an
application for review.

(2) The matters set out in section 84B(1) are in addition to any other matters which the have regard to or is required to take account of or have regard to in determining a request.".

8. Notice of amendment and application

In section 96C(1) of the Planning and

Environment Act 1987—

(a) for "Division to" substitute "Division";

(b) in paragraph (a) for "every" substitute "to every".

9. Repeal of provision relating to convictions

In section 122 of the Planning and Environment

Act 1987, sub-section (4) is repealed.

10. Increase of penalties

(1) In section 127 of the Planning and Environment

Act 1987, for paragraph (a), substitute—

"(a) a penalty of not more than 1200 penalty

units; and".

(2) In section 127(b) of the Planning and

Environment Act 1987, for "4 penalty units" substitute "60 penalty units".

Planning and Environment (Amendment) Act 2000

Act No. 28/2000 s. 11

(3) In section 130 of the Planning and Environment

Act 1987, for sub-section (3) substitute—

"(3) The penalty for the purposes of this section

for an offence against section 126 is—

(a)	in the case of a natural person, 5 penalty units; and
(b)	in the case of a body corporate, 10 penalty units.".

(4) In section 137 of the Planning and Environment

Act 1987, for "5 penalty units" substitute

"60 penalty units".

(5) In section 169 of the Planning and Environment

Act 1987, for "5 penalty units" substitute

"60 penalty units".

11. Transitional provisions

After section 212 of the Planning and
Environment Act 1987 insert—
'213. Transitional provisions

(1) This Act as amended by the Planning and

Environment (Amendment) Act 2000
applies to—

(a)	a request or an application for an amendment to a permit that was lodged but not determined by the responsible authority or the Tribunal before the commencement day; and
(b)	an application for review relating to a permit application that was made to the Tribunal but not determined before the commencement day; and
(c)	an application for review made to the Tribunal after the commencement day in respect of a determination made

Planning and Environment (Amendment) Act 2000

s. 11	Act No. 28/2000
before the commencement day by a responsible authority in respect of a permit application.

(2) In this section "commencement day"

means the date of commencement of section
11 of the Planning and Environment
(Amendment) Act 2000.'.

_______________
Planning and Environment (Amendment) Act 2000

Act No. 28/2000 s. 12

PART 3—AMENDMENTS TO BUILDING ACT 1993

12. Definition of reporting authority

In section 3(1) of the Building Act 1993, in the	No. 126/1993. Reprint No. 3
definition of "reporting authority" after "required	as at
by" insert "this Act or".	1 January 1999. Further
amended by
Nos 99/1997,
18/1998,
75/1998, 91/1998 and
17/1999.

13. Building permit to be consistent with planning permit

In section 24(1) of the Building Act 1993—

(a)	in paragraph (b) after "required under" insert "this Act or";
(b)	for paragraph (c) substitute— "(c) any relevant planning permit or other

prescribed approval has been obtained;

and

(d) the building permit will be consistent with that planning permit or other prescribed approval.".

14. Special buildings

(1) In section 28(1) of the Building Act 1993,

paragraph (b) is repealed.

(2) After section 28(3) of the Building Act 1993

insert—
"(4) The consent and report of the Executive

Director under the Heritage Act 1995 must be obtained to an application to demolish or alter a building which is on a register

established under that Act.".

Planning and Environment (Amendment) Act 2000

s. 15 Act No. 28/2000

15. New sections 29A and 29B inserted

After section 29 of the Building Act 1993 insert—

'29A. Application for building permit for

demolition

(1) If an application is made to the relevant

building surveyor under this Act for a building permit for the demolition of a building on land and—

(a) the demolition and all other demolitions completed or permitted in respect of the building within the period of 3 years

immediately preceding the date of the application would together amount to the demolition of more than one half of

the volume of the building as it existed at the date of the first building permit to be issued within that period for the demolition of any part of the building; or
(b)	the demolition is of any part of the facade of a building—

then the report and consent of the
responsible authority under the Planning
and Environment Act 1987 for the planning
scheme relating to that land must be obtained
to that application.

(2) The responsible authority as reporting authority must refuse its consent to an application to which sub-section (1) applies

if a planning permit is required for the
demolition and has not been obtained but
must not otherwise refuse its consent to the
application.

Planning and Environment (Amendment) Act 2000

Act No. 28/2000 s. 15

(3) In this section—

"facade" means—

(a) verandah, balcony or balustrade or
architectural feature attached to or

an external wall, including any or

(b) a part of a roof; or

(c) a chimney—

that faces a street and at least part of

which is visible from the street it faces;

"street" includes road, highway,

carriageway, square and court.

29B. Suspension of demolition permit pending amendment of planning scheme

(1) If—

(a)

the report and consent of the authority under section 29A has been sought in relation to an application for a building permit; and

(b) during the prescribed time referred to in clause 6A(2) of Schedule 2—

(i) Minister for an exemption under
section 20(1) of the Planning and
Environment Act 1987 in respect

an application is made to the scheme affecting the land; or

(ii) to prepare an amendment to a

if a request is made to the Minister land and to exempt himself or

Planning and Environment (Amendment) Act 2000

s. 15 Act No. 28/2000

herself under section 20(4) of the Planning and Environment Act 1987 from certain requirements in respect of that amendment—

the responsible authority must give written
notice without delay to the relevant building
surveyor of the application or request.

(2) On receipt of a notice under sub-section (1) the relevant building surveyor must suspend consideration of the application for the

building permit.

(3) The responsible authority must give written

notice to the relevant building surveyor
without delay of—

(a)	the withdrawal of an application or request referred to in sub-section (1)(b); or
(b)	the refusal of an application or request referred to in sub-section (1)(b); or
(c)

the coming into operation of an (1)(b); or

(d) the lapsing of an amendment referred to in sub-section (1)(b).

(4) The prescribed time within which the

relevant building surveyor must decide an

application for a permit—

(a)	ceases to run at the time that notice affecting the application is received by the relevant building surveyor under sub-section (1); and
(b)	recommences to run only when notice affecting the application is received by

Planning and Environment (Amendment) Act 2000

Act No. 28/2000	s. 16
the relevant building surveyor under sub-section (3).

(5) If a notice of an amendment has been given to the relevant building surveyor under sub- section (3)(c) the relevant building surveyor must, in considering under section 24

whether a building permit is consistent with
any relevant planning permit, consider the
requirements of the relevant planning

scheme as amended by the amendment.'.

16. Regulation making powers

After section 261(l) of the Building Act 1993
insert—

"(la) fees payable for consideration of

applications for permits under this Act by
reporting authorities under section 28 or

29A;".

17. Consultation with reporting authorities

(1) After clause 1(d) of Schedule 2 to the Building Act 1993 insert—

"and

(e) if the relevant building surveyor is required to give a copy of the application to an authority which is a reporting authority under section 28 or 29A, be accompanied by the relevant prescribed fees (if any) for payment to the reporting authority.".

(2) In clause 4(1) of Schedule 2 to the Building Act

1993 after "required by" insert "this Act or".

(3) After clause 4(2) of Schedule 2 to the Building

Act 1993 insert—
"(3) The relevant building surveyor must forward

to a reporting authority with the copy of an
application, any fees paid to the building

Planning and Environment (Amendment) Act 2000

s. 18 Act No. 28/2000

surveyor under clause 1(e) in respect of that
application and that reporting authority.".

(4) After clause 5(1) of Schedule 2 to the Building Act 1993 insert—

"(1A) If the applicant applies for a consent or

report to an authority which is a reporting
authority under section 28 or 29A, the
application must be accompanied by the
relevant prescribed fee (if any).".

(5) After clause 6(4) of Schedule 2 to the Building

Act 1993 insert—
"(5) This clause does not apply to a responsible

authority under the Planning and reporting authority for the purposes of section 29A of this Act.".

18. New clause 6A inserted in Schedule 2

After clause 6 of Schedule 2 to the Building Act
1993 insert—

"6A. What if the reporting authority is the

responsible authority under the Planning

and Environment Act 1987?

(1) This clause applies only to a responsible

authority under the Planning and reporting authority for the purposes of section 29A of this Act.

(2) Despite anything to the contrary in the

regulations or any other Act or regulations, the relevant building surveyor may proceed to decide an application without a report
being obtained if a copy of the report is not
supplied by the reporting authority within
the prescribed time.

Planning and Environment (Amendment) Act 2000

Act No. 28/2000 s. 19

(3) Subject to sub-clause (4), a reporting

authority is deemed to have consented to a
permit if the authority has not within the
prescribed time informed the relevant

building surveyor of—

(a) its consent to the application; or

(b) its refusal of consent and the reasons for that refusal.

(4) A reporting authority is deemed to have

refused to consent to a permit if—

(a)	the authority is required under section 29A to refuse its consent; and
(b)

the authority has not within the building surveyor of that refusal.".

19.  Building surveyor to consider report of reporting authority

After clause 7(3) of Schedule 2 to the Building
Act 1993 insert—

"(4) For the purposes of sub-clause (2) and

without limiting that sub-clause—

(a)

a responsible authority under the is a prescribed reporting authority; and

(b) a demolition to which section 29A applies is a prescribed matter.".

20. Statute law revision

In the Building Act 1993—

(a) in section 221ZF(2) for "Board's" substitute "Commission's";

Planning and Environment (Amendment) Act 2000

s. 20 Act No. 28/2000

(b)	in section 221ZV(5) for "Building Appeals Commission" substitute "Building Appeals Board";
(c)	in sections 221ZW(7), 221ZX(1), 221ZZE(1), 221ZZN(8) and 221ZZN(9) for "Administrative Appeals Tribunal" (wherever occurring) substitute "Victorian Civil and Administrative Tribunal";
(d)	in section 221ZZZN(1) for "Board" (where first occurring) substitute "Commission".

_______________
Planning and Environment (Amendment) Act 2000

Act No. 28/2000 s. 21

PART 4—AMENDMENTS TO OTHER ACTS

21. Increase in penalties in Prostitution Control Act 1994

(1) In section 77(1) of the Prostitution Control Act

1994, for paragraph (a) substitute—

"(a) a penalty of not more than 1200 penalty

units; and"

(2) In section 77(1)(b) of the Prostitution Control

Act 1994, for "6 penalty units" substitute
"60 penalty units".

22. Amendment of Residential Tenancies Act 1997

In section 517 of the Residential Tenancies Act 1997, after "Building Act 1993" insert ", except Part 12A,".

23. Amendment of Subdivision Act 1988

In section 43(1) of the Subdivision Act 1988—

(a) after paragraph (h)(vii) insert—

"(viia) the powers of a body corporate to

provide services or to enter into
agreements for the provision of services
to members of the body corporate and

the occupiers of lots; and

(viib) the powers of a body corporate to

require an owner of a lot to carry out reasonable repairs, maintenance and other works on that lot and the powers

of a body corporate to carry out those works if the owner of the lot does not; and

(viic) the disposition and investment on

behalf of the members of a body
corporate of money held by a body
corporate; and"; and

Planning and Environment (Amendment) Act 2000

s. 23 Act No. 28/2000

(b) in paragraph (ia) after "regulating" insert "and requiring".

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Planning and Environment (Amendment) Act 2000

Act No. 28/2000 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 13 April 2000

Legislative Council: 23 May 2000

The long title for the Bill for this Act was "to amend the Planning and
Environment Act 1987, the Building Act 1993, the Prostitution
Control Act 1994, the Residential Tenancies Act 1997 and the
Subdivision Act 1988 and for other purposes."