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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Planning and Environment (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. New Part 3C inserted 2
PART 3C--MELBOURNE AIRPORT ENVIRONS
STRATEGY PLAN 2
46R. Definitions 2
46S. Melbourne Airport Environs Area 3
46T. Preparation of strategy plan 3
46U. Approval of Parliament needed 4
46V. Availability of amendment 4
46W. Amendment of approved strategy plan 5
46X. Planning schemes to comply with approved strategy plan 6
46Y. Works to be in conformity with approved strategy plan 6
4. Conditions on permits 6
5. Matters Tribunal to take into account 7
6. Panel fees 7
7. Advisory committees 7
8. Statute law revision 8
9. Amendment of Environment Effects Act 1978 8
10. Amendment of Planning and Environment (Planning
Schemes) Act 1996 8
NOTES 10
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PARLIAMENT OF VICTORIA
A BILL
to amend the Planning and Environment Act 1987, the
Environment Effects Act 1978 and the Planning and Environment
(Planning Schemes) Act 1996 and for other purposes.
Planning and Environment
(Amendment) Act 1998
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to amend the Planning and Environment
Act 1987--
5 (i) to provide for a Melbourne Airport
Environs Strategy Plan; and
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(ii) to generally improve the operation of
that Act; and
(b) to amend the Environment Effects Act
1978; and
5 (c) to amend the Planning and Environment
(Planning Schemes) Act 1996.
2. Commencement
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
10 Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
15 not come into operation before 1 July 1999, it
comes into operation on that day.
3. New Part 3C inserted
After Part 3B of the Planning and Environment
Act 1987 insert--
20 'PART 3C--MELBOURNE AIRPORT
ENVIRONS STRATEGY PLAN
46R. Definitions
(1) In this Part--
"approved strategy plan" means the
25 Melbourne Airport Environs Strategy
Plan approved under section 46U(2) as
that plan is amended from time to time
under this Part;
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"Melbourne Airport Environs Area"
means--
(a) the Melbourne Airport Environs
Area declared by order under
5 section 46S(1); and
(b) any area included in the
Melbourne Airport Environs Area
under section 46S(2)--
but excludes any area excluded from
10 the Melbourne Airport Environs Area
under section 46S(2).
46S. Melbourne Airport Environs Area
(1) The Governor in Council may by order
published in the Government Gazette declare
15 an area of land to be the Melbourne Airport
Environs Area.
(2) The Governor in Council may by order
published in the Government Gazette--
(a) include any area of land in the
20 Melbourne Airport Environs Area; or
(b) exclude any area of land from the
Melbourne Airport Environs Area.
46T. Preparation of strategy plan
(1) The Minister may at any time prepare a
25 strategy plan for the Melbourne Airport
Environs Area or any part of that area.
(2) The strategy plan is to be known as the
Melbourne Airport Environs Strategy Plan.
(3) Subject to section 46U, Part 3 (except
30 sections 36 to 39 and Division 4) applies to
the preparation of the strategy plan as if--
(a) the plan were an amendment to a
planning scheme; and
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(b) the Minister were the planning
authority.
(4) The strategy plan may make provision with
respect to any matters referred to in section 6
5 and any other matters which the Minister
considers necessary or desirable to be
included in the plan.
46U. Approval of Parliament needed
(1) The Minister must cause the Melbourne
10 Airport Environs Strategy Plan to be laid
before each House of Parliament within
7 sitting days of that House after the plan is
approved under section 35.
(2) The strategy plan does not take effect unless
15 it is also approved by a resolution passed by
each House of Parliament within 10 sitting
days after it is laid before that House.
(3) The Minister must publish a notice of the
approval of the strategy plan under sub-
20 section (2) in the Government Gazette
specifying the place or places at which any
person may inspect the plan.
(4) The approved strategy plan comes into
operation--
25 (a) when the notice of approval of the plan
is published in the Government
Gazette; or
(b) on any later day or days specified in the
notice.
30 46V. Availability of amendment
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(1) The Minister must lodge the prescribed
documents and a copy of the approved
strategy plan with every municipal council
whose municipal district is wholly or partly
5 within the Melbourne Airport Environs Area.
(2) The approved strategy plan must be lodged
before notice of the approval of the plan is
published in the Government Gazette.
(3) The Minister and every municipal council
10 whose municipal district is wholly or partly
within the Melbourne Airport Environs Area
must make a copy of the approved strategy
plan and any documents lodged with it
available at their respective offices during
15 office hours for any person to inspect free of
charge for two months after the plan comes
into operation and after that period on
payment of the prescribed fee.
(4) The Minister and every municipal council
20 whose municipal district is wholly or partly
within the Melbourne Airport Environs Area
must keep a copy of the approved strategy
plan incorporating all amendments to it
available at their respective offices during
25 office hours for any person to inspect free of
charge.
46W. Amendment of approved strategy plan
(1) The Minister may at any time prepare an
amendment to the approved strategy plan.
30 (2) Sections 46S to 46U and section 46V(1), (2)
and (3) apply to the preparation and approval
of an amendment to the approved strategy
plan as if the amendment were a strategy
plan.
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46X. Planning schemes to comply with approved
strategy plan
Despite anything to the contrary in this Act,
the Minister must not approve an amendment
5 to a planning scheme under section 35 in
relation to the Melbourne Airport Environs
Area if the amendment is inconsistent with
the approved strategy plan.
46Y. Works to be in conformity with approved
10 strategy plan
(1) Subject to sub-section (3), a government
department, public authority or municipal
council must not carry out works in the
Melbourne Airport Environs Area which are
15 not in conformity with the approved strategy
plan.
(2) If a government department, public authority
or municipal council considers that any
works or undertakings which are not in
20 conformity with the approved strategy plan
should be carried out, the department,
authority or council may make submissions
with respect to the proposed works and
undertakings to the Premier.
25 (3) After considering any submission under sub-
section (2), the Premier, on the advice of the
Minister, may, despite anything in any other
Act, by order prohibit, either absolutely or
on such terms as he or she thinks fit, or
30 restrict or regulate the carrying out of the
works or undertakings or any part of them
specified in the order.'.
4. Conditions on permits
In section 62(2)(l) of the Planning and
35 Environment Act 1987 after "1988" insert "and
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that the acquisition or removal will not result in an
unreasonable loss of amenity in the area affected
by the acquisition or removal".
5. Matters Tribunal to take into account
5 (1) After section 84B(1)(c) of the Planning and
Environment Act 1987 insert--
"(ca) must (where appropriate) take account of the
approved strategy plan under Part 3C;".
(2) After section 84B(1)(h) of the Planning and
10 Environment Act 1987 insert--
"(ha) 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
15 for review is determined, approved by the
Minister;".
6. Panel fees
After section 97E(5) of the Planning and
Environment Act 1987 insert--
20 "(6) The Minister may ask the applicant for the
permit or the owner of the land to which the
application relates to contribute an amount
specified by the Minister to the costs of the
panel.".
25 7. Advisory committees
After section 151(6) of the Planning and
Environment Act 1987 insert--
"(7) If the Minister establishes a committee under
this section to consider a request for the
30 preparation of an amendment to a planning
scheme, the Minister may ask the person
who requested the amendment to contribute
an amount specified by the Minister to the
costs of the advisory committee.
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(8) If the Minister establishes a committee under
this section to consider a matter in a
proceeding which has been referred to the
Governor in Council for determination under
5 clause 58 of Schedule 1 to the Victorian
Civil and Administrative Tribunal Act
1998, the Minister may ask the following
person to contribute an amount specified by
the Minister to the costs of the advisory
10 committee--
(a) if the proceeding relates to an
application for a permit, the applicant
for the permit; or
(b) if the proceeding is for the review of a
15 decision referred to in section
149(1)(a), (b) or (c), the applicant for
the review.".
8. Statute law revision
In the Planning and Environment Act 1987--
20 (a) in Part 4 omit the heading "Division 5--
Extractive Industry";
(b) in section 82B(4) for "Administrative
Appeals Tribunal" substitute "Tribunal".
9. Amendment of Environment Effects Act 1978
25 After section 9(2) of the Environment Effects
Act 1978 insert--
"(3) If the Minister appoints one or more persons
under sub-section (1) to hold an inquiry into
any works or proposed works, the Minister
30 may ask the proponent of those works to
contribute an amount specified by the
Minister to the costs of the inquiry.".
10. Amendment of Planning and Environment (Planning
Schemes) Act 1996
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After section 23(4) of the Planning and
Environment (Planning Schemes) Act 1996
insert--
"(5) If, in relation to a planning scheme prepared
5 under this Part, the Minister grants a permit
under section 96I of the Principal Act for the
use of land or the development and use of
land for an extractive industry, the permit
may specify that the permit expires if the use
10 is discontinued for a period (being not less
than 2 years) specified in the permit.
(6) If a permit specifies a period for expiry in
accordance with sub-section (5)--
(a) the permit expires if the use is
15 discontinued for the period specified in
the permit; and
(b) sections 68(2)(b) and 68(3)(d) of the
Principal Act do not apply to that
permit.".
20
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Planning and Environment (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Planning and Environment (Amendment) Act 1998
Act No.
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