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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Planning and Environment (Restrictive Covenants)
Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Definitions 2
5. Information on registered restrictive covenants to be included in
applications for permits 2
6. Notice of application affecting registered restrictive covenant 2
7. Objections to applications for permits--person affected 3
8. Decision on application for a permit 3
9. Conditions on permit 4
10. Amendments to permits 4
11. Review of permit for development of land burdened by a
registered restrictive covenant 5
12. Application for permit when amendment to planning scheme
requested 5
13. Notice of amendment application and permit 6
14. Decision by Minister under section 96I 7
15. Transitional provisions 8
214. Transitional provisions 8
NOTES 9
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PARLIAMENT OF VICTORIA
Initiated in Assembly 31 May 2000
A BILL
to amend the Planning and Environment Act 1987 in relation to
restrictive covenants and for other purposes.
Planning and Environment (Restrictive
Covenants) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Planning and Environment Act 1987 in relation
to restrictive covenants.
5 2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Act No.
3. Principal Act
No. 45/1987. In this Act, the Planning and Environment Act
Reprint No. 6
1987 is called the Principal Act.
as at
12 August
1999.
4. Definitions
5 In section 3(1) of the Principal Act insert--
' "registered restrictive covenant" means a
restrictive covenant--
(a) registered or recorded in the Register
under the Transfer of Land Act 1958;
10 or
(b) registered under section 6 of the
Property Law Act 1958 before
1 January 1999;'.
5. Information on registered restrictive covenants to be
15 included in applications for permits
After section 47(1)(c) of the Principal Act
insert--
"; and
(d) if the land is burdened by a registered
20 restrictive covenant, be accompanied by a
copy of the covenant.".
6. Notice of application affecting registered restrictive
covenant
(1) After section 52(1)(c) of the Principal Act
25 insert--
"(ca) to the owners of land benefited by a
registered restrictive covenant, if the use or
development would result in a breach of the
covenant; and".
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(2) After section 52(1C) of the Principal Act insert--
"(1D) A notice under sub-section (1)(ca) must be
given--
(a) by placing a sign on the land which is
5 the subject of the application; and
(b) by publishing a notice in a newspaper
generally circulating in the area in
which that land is situated.".
(3) In section 52(2B)(a) of the Principal Act, for
10 "and (c)" substitute ", (c) and (ca)".
(4) In section 52(4) of the Principal Act, after "sub-
section (1)" insert "except paragraph (ca)".
7. Objections to applications for permits--person
affected
15 After section 57(1) of the Principal Act insert--
"(1A) If the use or development for which the
permit is sought would result in a breach of a
registered restrictive covenant, an owner of
any land benefited by the covenant is
20 deemed to be a person affected by the grant
of the permit.".
8. Decision on application for a permit
After section 61(3) of the Principal Act insert--
"(4) If the grant of a permit would allow a use or
25 development which would result in a breach
of a registered restrictive covenant, the
responsible authority must refuse to grant the
permit unless a permit has been issued, or a
decision made to grant a permit, to allow the
30 removal or variation of the covenant.".
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9. Conditions on permit
(1) After section 62(1)(a) of the Principal Act
insert--
"(aa) if the grant of the permit would allow a use
5 or development which would result in a
breach of a registered restrictive covenant,
include a condition that the permit is not to
come into effect until the covenant is
removed or varied; and".
10 (2) In section 62(1)(b) of the Principal Act, after
"paragraph (a)" insert "or (aa)".
10. Amendments to permits
(1) In section 62 of the Principal Act, for sub-section
(3) substitute--
15 "(3) The responsible authority may approve an
amendment to any plans, drawings or other
documents approved under a permit if--
(a) the amendment is consistent with--
(i) the planning scheme currently
20 applying to the land; and
(ii) the permit; and
(b) the amendment will not allow a use or
development which would result in a
breach of a registered restrictive
25 covenant.".
(2) At the end of section 73 of the Principal Act,
insert--
"(2) The responsible authority must not amend
the permit if the amendment of the permit
30 would allow a use or development which
would result in a breach of a registered
restrictive covenant.".
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(3) At the end of section 80 of the Principal Act,
insert--
"(2) This section does not apply to a condition
included in a permit under section
5 62(1)(aa).".
11. Review of permit for development of land burdened by
a registered restrictive covenant
In section 91 of the Principal Act, after sub-
section (3) insert--
10 "(3A) The Tribunal must not direct a responsible
authority to amend a permit if the
amendment would allow a use or
development which would result in a breach
of a registered restrictive covenant.".
15 12. Application for permit when amendment to planning
scheme requested
(1) For section 96A(1) of the Principal Act
substitute--
"(1) A person who requests a planning authority
20 to prepare an amendment to a planning
scheme may also apply to the planning
authority for--
(a) a permit for any purpose for which the
planning scheme as amended by the
25 proposed amendment would require a
permit to be obtained; or
(b) if the amendment provides for the
removal or variation of a restrictive
covenant, a permit for a use or
30 development which would, if the
restrictive covenant were not removed
or varied, result in a breach of that
restrictive covenant.".
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(2) In section 96A(4) of the Principal Act, after
paragraph (b) insert--
"; and
(c) if the land is burdened by a registered
5 restrictive covenant, be accompanied by a
copy of the covenant.".
13. Notice of amendment application and permit
(1) In section 96C(1) of the Principal Act, after
paragraph (f) insert--
10 "; and
(g) to the owners of land benefited by a
registered restrictive covenant, if the use or
development would result in a breach of the
covenant.".
15 (2) In section 96C of the Principal Act, after sub-
section (2) insert--
"(2A) A notice under sub-section (1)(g) must be
given by placing a sign on the land which is
the subject of the amendment.
20 (2B) A sign under sub-section (2A) must state the
place where a copy of the proposed permit
under this Division may be inspected.".
(3) In section 96C of the Principal Act, after sub-
section (6) insert--
25 "(6A) Sub-section (5)(b) does not apply to a failure
to notify an owner of land benefited by a
registered restrictive covenant.".
(4) In section 96C(8) of the Principal Act, for "sub-
section (1)" substitute "sub-section (1)(a) to (f),
30 at the time of giving the notice to that person".
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(5) After section 96C(8) of the Principal Act insert--
"(8A) The planning authority must make a copy of
the proposed permit under this Division
available at its office during office hours for
5 any person to inspect free of charge until the
amendment to which the proposed permit
applies is approved or lapses.".
14. Decision by Minister under section 96I
In section 96I of the Principal Act, after sub-
10 section (1) insert--
"(1A) If the grant of a permit would allow a use or
development which would result in a breach
of a registered restrictive covenant, the
Minister must refuse to grant the permit
15 unless--
(a) the amendment to which the permit
applies provides for the variation or
removal of the covenant; or
(b) a permit has been issued, or a decision
20 made to grant a permit, to allow the
removal or variation of the covenant.
(1B) If the grant of the permit would allow a use
or development which would result in a
breach of a registered restrictive covenant,
25 the permit must be granted subject to a
condition that the permit is not to come into
effect until the covenant is removed or
varied.".
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15. Transitional provisions
After section 213 of the Principal Act insert--
'214. Transitional provisions
(1) This Act as amended by the Planning and
5 Environment (Restrictive Covenants) Act
2000 applies to--
(a) an application for a permit that was
lodged but not determined by the
responsible authority or planning
10 authority or Minister before the
commencement day; and
(b) a request or an application for an
amendment to a permit that was lodged
but not determined by the responsible
15 authority or the Tribunal before the
commencement day; and
(c) an application for review relating to a
permit application that was made to the
Tribunal but not determined before the
20 commencement day; and
(d) an application for review made to the
Tribunal after the commencement day
in respect of a determination made
before the commencement day by a
25 responsible authority or planning
authority or Minister in respect of a
permit application.
(2) In this section "commencement day"
means the date of commencement of the
30 Planning and Environment (Restrictive
Covenants) Act 2000.'.
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Planning and Environment (Restrictive Covenants) Act 2000
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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