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PARLIAMENT OF VICTORIA
Planning and Environment Amendment Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO THE PLANNING AND
ENVIRONMENT ACT 1987 3
3 Definitions 3
4 New section 8A inserted 3
8A Municipal councils are planning authorities 3
5 New section 9 substituted 4
9 Authorised Ministers and authorities are planning
authorities 4
6 Restrictions and powers relating to the preparation of
amendments 5
7 Municipal strategic statement 5
8 Review of planning schemes 5
9 Register of applications 6
10 Repeal of section 82A--Appeal by Liquor Licensing
Commission 6
11 Cancellation and amendment of permits by Tribunal 6
12 New section 87A inserted 6
87A Cancellation or amendment of permit issued at direction
of Tribunal 6
13 Limits on the power to cancel or amend a permit 7
14 Hearing by Tribunal 7
15 Costs and expenses of panel 7
16 General regulation-making powers 7
17 New section 217 inserted 8
217 Transitional--Planning and Environment
Amendment Act 2007 8
`
561060B.I-20/6/2007 i BILL LA INTRODUCTION 20/6/2007
Clause Page
PART 3--AMENDMENTS TO OTHER ACTS 9
Division 1--Amendments to the Transfer of Land Act 1958 9
18 Definition 9
19 Approved forms 9
Division 2--Amendments to the Subdivision Act 1988 11
20 Valuation of land for public open space 11
21 Review of decision requiring alteration to engineering plan 11
22 Regulations 11
PART 4--REPEAL OF AMENDING ACT 12
23 Repeal of Act 12
ENDNOTES 13
561060B.I-20/6/2007 ii BILL LA INTRODUCTION 20/6/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Planning and Environment Amendment
Bill 2007
A Bill for an Act to amend the Planning and Environment Act 1987,
the Transfer of Land Act 1958 and the Subdivision Act 1988 and
for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Planning and Environment
5 Act 1987--
(i) to extend the powers of the Victorian
Civil and Administrative Tribunal to
cancel or amend planning permits
issued at its direction; and
561060B.I-20/6/2007 1 BILL LA INTRODUCTION 20/6/2007
Planning and Environment Amendment Bill 2007
Part 1--Preliminary
s. 2
(ii) to make other miscellaneous
amendments to improve the operation
of that Act; and
(b) to amend the Transfer of Land Act 1958 to
5 provide for approved forms to be made
available electronically; and
(c) to make minor amendments to the
Subdivision Act 1988.
2 Commencement
10 (1) This Act (except section 9) comes into operation
on the day after the day on which it receives the
Royal Assent.
(2) Subject to subsection (3), section 9 comes into
operation on a day to be proclaimed.
15 (3) If section 9 does not come into operation before
1 September 2008, it comes into operation on that
day.
__________________
561060B.I-20/6/2007 2 BILL LA INTRODUCTION 20/6/2007
Planning and Environment Amendment Bill 2007
Part 2--Amendments to the Planning and Environment Act 1987
s. 3
PART 2--AMENDMENTS TO THE PLANNING AND
ENVIRONMENT ACT 1987
3 Definitions
(1) In section 3(1) of the Planning and Environment See:
Act No.
5 Act 1987, for the definition of Department 45/1987.
substitute-- Reprint No. 8
as at
17 August
"Department means the Department of 2005
Sustainability and Environment;". and
amending
(2) In section 3(2) of the Planning and Environment Act Nos
18/2005,
10 Act 1987, for "Department of Infrastructure" 32/2006,
substitute "Department of Sustainability and 33/2006,
80/2006 and
Environment". 81/2006.
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4 New section 8A inserted
After section 8 of the Planning and
15 Environment Act 1987 insert--
"8A Municipal councils are planning
authorities
(1) A municipal council is a planning
authority--
20 (a) for any planning scheme in force in its
municipal district; and
(b) for any other planning scheme for
which it is authorised under this section
to prepare an amendment.
25 (2) Despite subsection (1)(a), a municipal
council may only prepare an amendment to a
planning scheme if authorised to do so by the
Minister under this section.
561060B.I-20/6/2007 3 BILL LA INTRODUCTION 20/6/2007
Planning and Environment Amendment Bill 2007
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
(3) 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
5 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.
10 (4) An application under subsection (3) must be
in writing in a form approved by the Minister
and contain the information required by the
Minister.
(5) An authorisation must be in writing.
15 (6) 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.
20 (7) 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.".
25 5 New section 9 substituted
For section 9 of the Planning and Environment
Act 1987 substitute--
"9 Authorised Ministers and authorities are
planning authorities
30 (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.
561060B.I-20/6/2007 4 BILL LA INTRODUCTION 20/6/2007
Planning and Environment Amendment Bill 2007
Part 2--Amendments to the Planning and Environment Act 1987
s. 6
(2) An authorisation must be in writing.
(3) The Minister may authorise the preparation
of an amendment subject to any conditions
the Minister wishes to impose, including
5 conditions relating to the giving of notice of
the amendment.
(4) A Minister or public body that is authorised
under this section to prepare an amendment
to a planning scheme is a planning authority
10 under this Act.".
6 Restrictions and powers relating to the preparation
of amendments
Section 10(4) of the Planning and Environment
Act 1987 is repealed.
15 7 Municipal strategic statement
For section 12A(4) of the Planning and
Environment Act 1987 substitute--
"(4) A municipal strategic statement must be
consistent with the current Council Plan for
20 the municipal council approved under
section 125 of the Local Government Act
1989.".
8 Review of planning schemes
For section 12B(1) of the Planning and
25 Environment Act 1987 substitute--
"(1) A planning authority which is a municipal
council must review its planning scheme--
(a) no later than one year after each date by
which it is required to approve a
30 Council Plan under section 125 of the
Local Government Act 1989; or
(b) within such longer period as is
determined by the Minister.".
561060B.I-20/6/2007 5 BILL LA INTRODUCTION 20/6/2007
Planning and Environment Amendment Bill 2007
Part 2--Amendments to the Planning and Environment Act 1987
s. 9
9 Register of applications
In section 49(1) of the Planning and
Environment Act 1987, for "in the prescribed
form of" substitute "containing the prescribed
5 information in respect of".
10 Repeal of section 82A--Appeal by Liquor Licensing
Commission
Section 82A of the Planning and Environment
Act 1987 is repealed.
10 11 Cancellation and amendment of permits by
Tribunal
For section 87(6) of the Planning and
Environment Act 1987 substitute--
"(6) Without limiting the powers of the Tribunal,
15 the Tribunal may, under this section, cancel
or amend a permit that has been issued at its
direction.".
12 New section 87A inserted
After section 87 of the Planning and
20 Environment Act 1987 insert--
"87A Cancellation or amendment of permit
issued at direction of Tribunal
(1) In addition to the powers conferred by
section 87, the Tribunal may cancel or
25 amend a permit that has been issued at its
direction if it considers it appropriate to do
so.
(2) The Tribunal may only cancel or amend a
permit under this section at the request of--
30 (a) the owner or occupier of the land
concerned; or
(b) any person who is entitled to use or
develop the land concerned.".
561060B.I-20/6/2007 6 BILL LA INTRODUCTION 20/6/2007
Planning and Environment Amendment Bill 2007
Part 2--Amendments to the Planning and Environment Act 1987
s. 13
13 Limits on the power to cancel or amend a permit
In section 88 of the Planning and Environment
Act 1987, for "this Division" substitute
"section 87".
5 14 Hearing by Tribunal
After section 90(1)(d) of the Planning and
Environment Act 1987 insert--
"(e) any person who asked for the amendment of
the permit under section 87A;".
10 15 Costs and expenses of panel
(1) Insert the following heading to section 156 of the
Planning and Environment Act 1987--
"Costs and expenses of panel".
(2) After section 156(2A) of the Planning and
15 Environment Act 1987 insert--
"(2B) The relevant planning authority must pay for,
or reimburse, any reasonable costs and
expenses incurred for or by a panel in
carrying out its functions under this Part
20 unless the Minister otherwise directs.".
(3) In section 156(3) of the Planning and
Environment Act 1987, for "or (2A)" substitute
", (2A) or (2B)".
16 General regulation-making powers
25 At the end of section 202 of the Planning and
Environment Act 1987 insert--
"(2) The regulations may--
(a) be of limited or general application; and
(b) differ according to differences in time,
30 place or circumstance; and
561060B.I-20/6/2007 7 BILL LA INTRODUCTION 20/6/2007
Planning and Environment Amendment Bill 2007
Part 2--Amendments to the Planning and Environment Act 1987
s. 17
(c) leave any matter or thing to be decided
by a responsible authority or a planning
authority; and
(d) may confer a discretionary authority or
5 impose a duty on a specified person or
a specified class of persons; and
(e) may apply, adopt or incorporate any
matter contained in any document
whether--
10 (a) wholly or partially or as amended
by the regulations; or
(b) as in force at a particular time or
as in force from time to time.".
17 New section 217 inserted
15 After section 216 of the Planning and
Environment Act 1987 insert--
"217 Transitional--Planning and Environment
Amendment Act 2007
An authorisation given to a municipal
20 council under section 9(2) of this Act as in
force immediately before the commencement
of section 5 of the Planning and
Environment Amendment Act 2007 is
taken on and after that commencement to be
25 an authorisation of that municipal council
under section 8A(3).".
__________________
561060B.I-20/6/2007 8 BILL LA INTRODUCTION 20/6/2007
Planning and Environment Amendment Bill 2007
Part 3--Amendments to Other Acts
s. 18
PART 3--AMENDMENTS TO OTHER ACTS
Division 1--Amendments to the Transfer of Land Act 1958
18 Definition
In section 4(1) of the Transfer of Land Act 1958, See:
Act No.
5 in the definition of approved form omit ", bearing 6399/
the seal of the Office of Titles,". Reprint No. 15
as at
21 June 2006
and
amending
Act Nos
63/2006 and
69/2006.
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19 Approved forms
(1) Insert the following heading to section 121 of the
Transfer of Land Act 1958--
10 "Approved forms".
(2) In section 121(2)(a) of the Transfer of Land Act
1958, after "fit;" insert "and".
(3) For sections 121(2)(b) and 121(2)(c) of the
Transfer of Land Act 1958 substitute--
15 "(b) the Registrar may do either or both of the
following--
(i) supply the form free of charge or at a
moderate charge;
(ii) make the form available electronically
20 free of charge or at a moderate charge;
and
561060B.I-20/6/2007 9 BILL LA INTRODUCTION 20/6/2007
Planning and Environment Amendment Bill 2007
Part 3--Amendments to Other Acts
s. 19
(c) the Registrar may license a person to do
either or both of the following--
(i) to print and sell the form;
(ii) to make the form available
5 electronically free of charge or at a
charge; and".
(4) For section 121(4)(b) of the Transfer of Land
Act 1958 substitute--
"(b) license that person to do either or both of the
10 following--
(i) to print and sell the form;
(ii) to make the form available
electronically free of charge or at a
charge.".
15 (5) For section 121(7)(b) of the Transfer of Land
Act 1958 substitute--
"(b) authorise that person to do either or both of
the following--
(i) to print the form for use by that person;
20 (ii) to make the form available
electronically for use by that person.".
(6) In section 121(10)(b) of the Transfer of Land
Act 1958 omit "but is sealed with the seal of the
Office of Titles".
561060B.I-20/6/2007 10 BILL LA INTRODUCTION 20/6/2007
Planning and Environment Amendment Bill 2007
Part 3--Amendments to Other Acts
s. 20
Division 2--Amendments to the Subdivision Act 1988
20 Valuation of land for public open space
For section 19(4) of the Subdivision Act 1988 See:
Act No.
substitute-- 53/1988.
Reprint No. 5
5 "(4) Part III of the Valuation of Land Act 1960 as at
1 January
(except Division 2) applies to the valuation 1999
as if the valuation had been made under and
amending
Part 8 of the Local Government Act 1989.". Act Nos
28/2000,
74/2000,
44/2001,
47/2004,
81/2004,
35/2006 and
69/2006.
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21 Review of decision requiring alteration to
10 engineering plan
In section 40(1)(c) of the Subdivision Act 1988,
after "a plan" insert "or an engineering plan".
22 Regulations
In section 43(1)(e) of the Subdivision Act 1988,
15 for "appeal" substitute "application for review to
the Victorian Civil and Administrative Tribunal".
__________________
561060B.I-20/6/2007 11 BILL LA INTRODUCTION 20/6/2007
Planning and Environment Amendment Bill 2007
Part 4--Repeal of Amending Act
s. 23
PART 4--REPEAL OF AMENDING ACT
23 Repeal of Act
This Act is repealed on 1 September 2009.
561060B.I-20/6/2007 12 BILL LA INTRODUCTION 20/6/2007
Planning and Environment Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561060B.I-20/6/2007 13 BILL LA INTRODUCTION 20/6/2007
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