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PARLIAMENT OF VICTORIA
Planning and Environment (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause 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
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Clause 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
NOTES 18
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541039B.A1-12/5/2000 BILL LA AS SENT 12/5/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 12 April 2000
As amended by Assembly 11 May 2000
A BILL
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.
Planning and Environment
(Amendment) Act 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
5 Act 1987--
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Planning and Environment (Amendment) Act 2000
s. 2
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(i) to increase the penalties under that Act;
and
(ii) to provide for matters to be taken into
account in considering applications for
5 amendments to planning permits; and
(b) to amend the Building Act 1993--
(i) to provide for consistency between
planning permits and building permits;
and
10 (ii) to require the consent and report of the
relevant responsible authority in
relation to applications for demolition
permits; and
(iii) to enable the suspension of applications
15 for demolition permits pending
amendment of planning schemes; and
(iv) to provide for fees to be paid to
reporting authorities for considering
certain applications for building
20 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
25 Building Act 1993 to mobile homes in
caravan parks.
(e) to amend the Subdivision Act 1988 to
include additional regulation-making powers
in relation to bodies corporate.
30 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.
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(2) Subject to sub-section (3), Part 3 comes into
operation on a day to be proclaimed.
(3) If Part 3 does not come into operation before
1 January 2001, it comes into operation on that
5 day.
_______________
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Planning and Environment (Amendment) Act 2000
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Act No.
PART 2--AMENDMENTS TO PLANNING AND
ENVIRONMENT ACT 1987
3. Increase of penalties
No. 45/1987. In section 48(2) of the Planning and
Reprint No. 6
5 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--
10 "(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
15 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--
20 "(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
25 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
30 regard to".
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7. New section 90A inserted
After section 90 of the Planning and
Environment Act 1987, insert--
"90A. Matters which Tribunal must take into
5 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.
10 (2) The matters set out in section 84B(1) are in
addition to any other matters which the
Tribunal can properly take account of or
have regard to or is required to take account
of or have regard to in determining a
15 request.".
8. Notice of amendment and application
In section 96C(1) of the Planning and
Environment Act 1987--
(a) for "Division to" substitute "Division";
20 (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.
25 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".
30 (2) In section 127(b) of the Planning and
Environment Act 1987, for "4 penalty units"
substitute "60 penalty units".
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(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--
5 (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
10 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".
15 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
20 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
25 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
30 commencement day; and
(c) an application for review made to the
Tribunal after the commencement day
in respect of a determination made
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before the commencement day by a
responsible authority in respect of a
permit application.
(2) In this section "commencement day"
5 means the date of commencement of section
11 of the Planning and Environment
(Amendment) Act 2000.'.
_______________
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Act No.
PART 3--AMENDMENTS TO BUILDING ACT 1993
12. Definition of reporting authority
No. 126/1993. In section 3(1) of the Building Act 1993, in the
Reprint No. 3
definition of "reporting authority" after "required
as at
5 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
10 "this Act or";
(b) for paragraph (c) substitute--
"(c) any relevant planning permit or other
prescribed approval has been obtained;
and
15 (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,
20 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
25 be obtained to an application to demolish or
alter a building which is on a register
established under that Act.".
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15. New sections 29A and 29B inserted
After section 29 of the Building Act 1993
insert--
'29A. Application for building permit for
5 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--
10 (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
15 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;
20 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
25 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
30 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.
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(3) In this section--
"facade" means--
(a) an external wall, including any
verandah, balcony or balustrade or
5 architectural feature attached to or
forming part of an external wall;
or
(b) a part of a roof; or
(c) a chimney--
10 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
15 amendment of planning scheme
(1) If--
(a) the report and consent of the
responsible authority as reporting
authority under section 29A has been
20 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) an application is made to the
25 Minister for an exemption under
section 20(1) of the Planning and
Environment Act 1987 in respect
of an amendment to the planning
scheme affecting the land; or
30 (ii) if a request is made to the Minister
to prepare an amendment to a
planning scheme affecting the
land and to exempt himself or
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herself under section 20(4) of the
Planning and Environment Act
1987 from certain requirements in
respect of that amendment--
5 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
10 consideration of the application for the
building permit.
(3) The responsible authority must give written
notice to the relevant building surveyor
without delay of--
15 (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
20 (c) the coming into operation of an
amendment referred to in sub-section
(1)(b); or
(d) the lapsing of an amendment referred to
in sub-section (1)(b).
25 (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
30 the relevant building surveyor under
sub-section (1); and
(b) recommences to run only when notice
affecting the application is received by
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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-
5 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
10 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
15 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
20 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
25 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".
30 (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
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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--
5 "(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).".
10 (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
Environment Act 1987 in its capacity as a
15 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--
20 "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
25 Environment Act 1987 in its capacity as a
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,
30 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.
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(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
5 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
10 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
prescribed time informed the relevant
15 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--
20 "(4) For the purposes of sub-clause (2) and
without limiting that sub-clause--
(a) a responsible authority under the
Planning and Environment Act 1987
is a prescribed reporting authority; and
25 (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
30 "Commission's";
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(b) in section 221ZV(5) for "Building Appeals
Commission" substitute "Building Appeals
Board";
(c) in sections 221ZW(7), 221ZX(1),
5 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
10 first occurring) substitute "Commission".
_______________
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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--
5 "(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".
10 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
15 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
20 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
25 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
30 behalf of the members of a body
corporate of money held by a body
corporate; and"; and
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(b) in paragraph (ia) after "regulating" insert
"and requiring".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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