Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Planning and Environment (Growth Areas
Authority) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Definitions 2
5. New Part 3AAB inserted 2
PART 3AAB--GROWTH AREAS AUTHORITY 2
Division 1--Introduction 2
46AN. Definitions 2
46AO. What is a growth area? 3
46AP. What is a growth area council? 3
Division 2--Growth Areas Authority 4
46AQ. Growth Areas Authority 4
46AR. Objectives 4
46AS. Functions 5
46AT. Powers 6
46AU. Minister may give directions to the Growth Areas
Authority 6
46AV. Members 6
46AW. Chairperson and Deputy Chairperson 7
46AX. Conditions of appointment of members 7
46AY. Meetings 7
46AZ. Validity of decisions 8
46AZA. Disclosure of interests 9
46AZB. Chief Executive Officer 10
46AZC. Staff 11
46AZD. Power of delegation 11
Division 3--Business Plan 11
46AZE. Annual business plan 11
Division 4--General 12
46AZF. Confidential information 12
i
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Clause Page
6. Responsibilities of development agencies 13
7. Minister may delegate some powers 13
8. Planning authorities and responsible authorities may delegate
powers 14
9. Minister may delegate administration of planning schemes 14
ENDNOTES 15
ii
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Planning and Environment Act 1987 to establish the
Growth Areas Authority and for other purposes.
Planning and Environment (Growth
Areas Authority) Act 2006
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Planning and Environment Act 1987 to
establish the Growth Areas Authority.
2. Commencement
5
(1) Subject to sub-section (2), this Act comes into
operation on a day to be proclaimed.
1
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Planning and Environment (Growth Areas Authority) Act 2006
s. 3
Act No.
(2) If this Act does not come into operation before
1 November 2006, it comes into operation on that
day.
3. Principal Act
See: In this Act, the Planning and Environment Act
5 Act No.
1987 is called the Principal Act.
45/1987.
Reprint No. 8
as at
17 August
2005
and
amending
Act No.
18/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Definitions
In section 3(1) of the Principal Act insert the
following definitions--
' "growth area" means an area of land for the
10
time being declared under section 46AO;
"Growth Areas Authority" means the Growth
Areas Authority established under
section 46AQ;'.
5. New Part 3AAB inserted
15
After Part 3AA of the Principal Act insert--
'PART 3AAB--GROWTH AREAS AUTHORITY
Division 1--Introduction
46AN. Definitions
In this Part--
20
"Chief Executive Officer" means the Chief
Executive Officer appointed under
section 46AZB;
2
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Planning and Environment (Growth Areas Authority) Act 2006
s. 5
Act No.
"member" means a member of the Growth
Areas Authority.
46AO. What is a growth area?
(1) The Minister may, by order published in the
Government Gazette--
5
(a) declare an area of land in the municipal
district of one or more growth area
councils to be a growth area for the
purposes of this Part; and
(b) add land in the municipal district of one
10
or more growth area councils to that
declared area; and
(c) remove land from that declared area.
(2) A growth area declared under sub-section (1)
may cover the whole or part of the municipal
15
district of a growth area council.
(3) An order under sub-section (1) may specify a
growth area by reference to a map,
description or document.
46AP. What is a growth area council?
20
For the purposes of this Part, a growth area
council is any of the following municipal
councils--
(a) Cardinia Shire Council;
(b) Casey City Council;
25
(c) Hume City Council;
(d) Melton Shire Council;
(e) Whittlesea City Council;
(f) Wyndham City Council.
3
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Planning and Environment (Growth Areas Authority) Act 2006
s. 5
Act No.
Division 2--Growth Areas Authority
46AQ. Growth Areas Authority
(1) The Growth Areas Authority is established.
(2) The Growth Areas Authority--
(a) is a body corporate with perpetual
5
succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate
name; and
(d) is capable of acquiring, holding and
10
disposing of property; and
(e) subject to this Act, may do and suffer
all acts and things that a body corporate
may by law do and suffer.
(3) The common seal of the Growth Areas
15
Authority can only be used in a way
approved by the Growth Areas Authority.
(4) All courts and persons acting judicially must
take judicial notice of the imprint of the
common seal of the Growth Areas Authority
20
on a document and, until the contrary is
proved, must presume that the document was
properly sealed.
46AR. Objectives
The objectives of the Growth Areas
25
Authority are--
(a) to ensure that development in growth
areas occurs in a coordinated and
timely manner;
4
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Planning and Environment (Growth Areas Authority) Act 2006
s. 5
Act No.
(b) to ensure that infrastructure, services
and facilities are provided in growth
areas in a coordinated and timely
manner;
(c) to promote sustainable development of
5
land in growth areas;
(d) to promote housing diversity and
affordability in growth areas;
(e) to promote employment opportunities
in growth areas;
10
(f) to ensure that land is provided for
commercial and industrial purposes in
growth areas in a coordinated and
timely manner;
(g) to foster the development of
15
communities in growth areas.
46AS. Functions
The functions of the Growth Areas Authority
are--
(a) to make recommendations and report to
20
the Minister on--
(i) the planning, use, development
and protection of land in growth
areas; and
(ii) the use and expenditure of levies
25
collected in growth areas under
development contribution plans;
and
(iii) if requested by the Minister, any
matter relating to the functions
30
and powers of the Growth Areas
Authority; and
5
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Planning and Environment (Growth Areas Authority) Act 2006
s. 5
Act No.
(iv) the Minister's functions and
powers under this Act in respect
of growth areas; and
(b) to carry out any other function
conferred on the Growth Areas
5
Authority under this Act.
46AT. Powers
(1) The Growth Areas Authority may do all
things that are necessary or convenient to
enable it to perform its functions and achieve
10
its objectives.
(2) Without limiting sub-section (1), the Growth
Areas Authority may enter into any
agreements, contracts or arrangements
related to its functions, powers and
15
objectives.
46AU. Minister may give directions to the
Growth Areas Authority
(1) The Minister may give written directions to
the Growth Areas Authority regarding the
20
exercise of its functions and powers.
(2) The Growth Areas Authority must comply
with a written direction of the Minister.
46AV. Members
(1) The Growth Areas Authority is to consist of
25
not less than 5 members and not more than
7 members.
(2) Members are to be appointed by the
Governor in Council on the recommendation
of the Minister.
30
6
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Planning and Environment (Growth Areas Authority) Act 2006
s. 5
Act No.
(3) When recommending persons to be
members, the Minister must ensure as far as
is practicable that collectively the members
of the Growth Areas Authority have skills,
experience or knowledge relating to,
5
planning, development, economics, financial
management, local government and housing.
46AW. Chairperson and Deputy Chairperson
The Minister must appoint--
(a) one of the members to be the
10
Chairperson of the Growth Areas
Authority; and
(b) one of the members to be the Deputy
Chairperson of the Growth Areas
Authority.
15
46AX. Conditions of appointment of members
(1) A member--
(a) holds office for the period specified in
the instrument of appointment, which
must be a period of not more than
20
5 years;
(b) holds office on the terms and conditions
determined by the Minister;
(c) may be re-appointed.
(2) A member is entitled to be paid the
25
remuneration and allowances set by the
Minister in respect of that member.
46AY. Meetings
(1) A meeting of the Growth Areas Authority is
to be presided over by--
30
(a) the Chairperson; or
(b) in the absence of the Chairperson, the
Deputy Chairperson; or
7
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Planning and Environment (Growth Areas Authority) Act 2006
s. 5
Act No.
(c) in the absence of both the Chairperson
and Deputy Chairperson, a member
elected by the members present at the
meeting.
(2) A majority of the members for the time
5
being of the Authority constitutes a quorum
at a meeting of the Authority.
(3) The decision on a question of the majority of
members present and voting on the question
is the decision of the Growth Areas
10
Authority.
(4) The person presiding at a meeting has--
(a) a deliberative vote; and
(b) in the event of an equality of votes on
any question, a second or casting vote.
15
(5) The Growth Areas Authority may conduct
all or any part of a meeting by using
telephones, video links or any other system
of telecommunication.
(6) Subject to this Part, the Growth Areas
20
Authority may otherwise regulate its own
procedure.
46AZ. Validity of decisions
(1) An act or decision of the Growth Areas
Authority is not invalid merely because of--
25
(a) a vacancy, including an initial vacancy,
in the membership of the Authority; or
(b) a defect or irregularity in, or in
connection with, the appointment of a
member of the Authority.
30
8
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Planning and Environment (Growth Areas Authority) Act 2006
s. 5
Act No.
(2) Anything done by or in relation to a person
purporting to act as a member of the Growth
Areas Authority is not invalid merely
because--
(a) the occasion for the appointment had
5
not arisen; or
(b) there was a defect or irregularity in
relation to the appointment; or
(c) the appointment had ceased to have
effect; or
10
(d) the occasion for the person to act had
ceased.
46AZA. Disclosure of interests
(1) A member who has a direct or an indirect
pecuniary interest in any matter being
15
considered, or about to be considered, by the
Growth Areas Authority must disclose the
nature of that interest at a meeting of the
Authority as soon as possible after becoming
aware of the relevant facts.
20
(2) A member who holds an office or possesses
property as a result of which, directly or
indirectly, duties or interests may be created
in conflict with his or her duties as a
member, must disclose that fact at a meeting
25
of the Growth Areas Authority as soon as
possible after becoming aware of the
potential conflict.
(3) The person presiding at a meeting at which a
disclosure under this section is made must
30
ensure that the disclosure is recorded in the
minutes of the meeting, and that the minutes
also record full details of who voted on any
matter in respect of which the disclosure was
made.
35
9
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Planning and Environment (Growth Areas Authority) Act 2006
s. 5
Act No.
(4) A person who has made a disclosure under
this section must not take any further part in
the discussion of, or vote on, the matter to
which the disclosure relates.
(5) If a member votes on a matter in
5
contravention of sub-section (4), the vote of
the member must be disallowed.
(6) A member is not to be regarded as having a
pecuniary interest--
(a) in a matter relating to the supply of
10
goods or services to or by the member
if the goods or services are, or are to be,
available to members of the public on
the same terms and conditions; or
(b) in a contract or arrangement only
15
because that contract or arrangement
may benefit a company or other body in
which the member has a beneficial
interest that does not exceed 1% of the
total nominal value of beneficial
20
interests in that company or body.
46AZB. Chief Executive Officer
(1) The Growth Areas Authority may, with the
approval of the Minister, appoint a person as
Chief Executive Officer of the Growth Areas
25
Authority.
(2) The Chief Executive Officer may be
appointed for a period not exceeding five
years.
(3) The Chief Executive Officer holds office on
30
the terms and conditions specified in his or
her instrument of appointment.
10
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Planning and Environment (Growth Areas Authority) Act 2006
s. 5
Act No.
46AZC. Staff
The Growth Areas Authority may employ
any person that it considers necessary to
assist the Authority to perform its functions
under this Act.
5
46AZD. Power of delegation
The Growth Areas Authority may, by
instrument, delegate to the Chief Executive
Officer any function or power of the Growth
Areas Authority under this Act, other than
10
this power of delegation.
Division 3--Business Plan
46AZE. Annual business plan
(1) Each year the Growth Areas Authority must
submit to the Minister for approval, on or
15
before the date required by the Minister, a
draft business plan that sets out--
(a) its objectives and priorities for the next
3 financial years;
(b) financial projections for the next
20
3 financial years;
(c) its budget for the next financial year;
(d) what it intends to do over the next
financial year;
(e) any other matters that the Minister
25
requires in writing.
(2) After amending its draft business plan in any
way required by the Minister, the Growth
Areas Authority must submit a final business
plan to the Minister for approval on or before
30
the date required by the Minister.
11
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Planning and Environment (Growth Areas Authority) Act 2006
s. 5
Act No.
(3) The Growth Areas Authority must not depart
significantly from its budget without first
obtaining the approval of the Minister.
(4) The Growth Areas Authority must have
regard to its current business plan in carrying
5
out its functions.
(5) The Growth Areas Authority must ensure
that a copy of its current business plan is--
(a) available for inspection by members of
the public at its principal place of
10
business whenever that place is open to
the public; and
(b) published on the Internet.
Division 4--General
46AZF. Confidential information
15
(1) A person who is, or has been--
(a) a member of the Growth Areas
Authority; or
(b) the Chief Executive Officer; or
(c) a person employed to assist the Growth
20
Areas Authority to carry out its
functions or achieve its objectives--
must not release information that the person
knows, or should reasonably know, is
confidential information.
25
Penalty: 100 penalty units.
(2) For the purposes of this section,
"confidential information" is information
that--
(a) the Growth Areas Authority has
30
determined by resolution to be
confidential; or
12
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Planning and Environment (Growth Areas Authority) Act 2006
s. 6
Act No.
(b) the Chief Executive Officer has
designated in writing to be
confidential.".
6. Responsibilities of development agencies
After section 46QB(3) of the Principal Act
5
insert--
"(3A) If the Growth Areas Authority is a collecting
agency under this Part, a development
agency to which an amount of levy is paid by
the Growth Areas Authority under this Part
10
must, in accordance with any requirements
of the Authority--
(a) report on the use of the amount in the
development agency's annual report;
and
15
(b) provide reports on the use of the
amount to the Authority.".
7. Minister may delegate some powers
(1) Insert the following heading to section 186 of the
Principal Act--
20
"Minister may delegate some powers".
(2) In section 186(1) of the Principal Act--
(a) in paragraph (c), for "Department."
substitute "Department; or";
(b) after paragraph (c) insert--
25
"(d) the Growth Areas Authority; or
(e) the Chief Executive Officer of the
Growth Areas Authority.".
13
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Planning and Environment (Growth Areas Authority) Act 2006
s. 8
Act No.
8. Planning authorities and responsible authorities
may delegate powers
After section 188(1)(b) of the Principal Act
insert--
"(c) the Growth Areas Authority; or
5
(d) the Chief Executive Officer of the Growth
Areas Authority.".
9. Minister may delegate administration of planning
schemes
In section 190(1) of the Principal Act--
10
(a) in paragraph (b), for "council." substitute
"council; or";
(b) after paragraph (b) insert--
"(c) if the Minister is a responsible authority
for a growth area or any part of a
15
growth area--
(i) the Growth Areas Authority; or
(ii) the Chief Executive Officer of the
Growth Areas Authority.".
14
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Planning and Environment (Growth Areas Authority) Act 2006
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
15
551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
[Index] [Search] [Download] [Related Items] [Help]