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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Planning and Environment (Metropolitan Green
Wedge Protection) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Insertion of new Division 3A in Part 3 2
Division 3A--Ratification by Parliament 2
39A. What is a metropolitan fringe planning scheme? 2
39B. What is green wedge land? 3
39C. To which amendments does this Division apply? 3
39D. Ratification by Parliament required for green wedge
subdivision amendments 4
39E. Procedure for ratification 4
39F. Notice of ratification 4
39G. When does a ratified amendment commence? 4
39H. Application of sections 40, 41 and 42 5
4. Proof of existence and contents of planning scheme 5
ENDNOTES 6
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PARLIAMENT OF VICTORIA
Initiated in Assembly 9 October 2002
A BILL
to amend the Planning and Environment Act 1987 to require
ratification by Parliament of amendments to subdivision controls in
planning schemes applying to green wedge land in certain
metropolitan fringe areas and for other purposes.
Planning and Environment
(Metropolitan Green Wedge Protection)
Act 2002
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 require
ratification by Parliament of amendments to
5 subdivision controls in planning schemes applying
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Planning and Environment (Metropolitan Green Wedge
Protection) Act 2002
s. 2
Act No.
to green wedge land in certain metropolitan fringe
areas.
2. Commencement
This Act comes into operation on the day after the
5 day on which it receives the Royal Assent.
3. Insertion of new Division 3A in Part 3
In Part 3 of the Planning and Environment Act
1987, after Division 3 insert--
"Division 3A--Ratification by Parliament
10 39A. What is a metropolitan fringe planning
scheme?
For the purposes of this Division a
metropolitan fringe planning scheme is a
planning scheme applying to the municipal
15 district of any of the following municipal
councils--
(a) Brimbank City Council;
(b) Cardinia Shire Council;
(c) Casey City Council;
20 (d) Frankston City Council;
(e) Greater Dandenong City Council;
(f) Hobsons Bay City Council;
(g) Hume City Council;
(h) Kingston City Council;
25 (i) Knox City Council;
(j) Manningham City Council;
(k) Maroondah City Council;
(l) Melton Shire Council;
(m) Mornington Peninsula Shire Council;
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Act No.
(n) Nillumbik Shire Council;
(o) Whittlesea City Council;
(p) Wyndham City Council;
(q) Yarra Ranges Shire Council.
5 39B. What is green wedge land?
For the purposes of this Division green
wedge land is land that on 8 October 2002
was described in a metropolitan fringe
planning scheme as being outside an urban
10 growth boundary.
39C. To which amendments does this Division
apply?
(1) This Division applies to an approved
amendment to a metropolitan fringe planning
15 scheme--
(a) that has the effect of altering or
removing any controls over the
subdivision of green wedge land; and
(b) that is approved by the Minister on or
20 after the commencement of the
Planning and Environment
(Metropolitan Green Wedge
Protection) Act 2002.
(2) This Division does not apply to an
25 amendment relating to the subdivision of
buildings.
(3) This Division does not apply to an
amendment that alters or removes a
statement of policy that must be taken into
30 account in determining an application for a
permit to subdivide land.
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Act No.
39D. Ratification by Parliament required for
green wedge subdivision amendments
(1) An approved amendment to which this
Division applies does not take effect unless
5 ratified by Parliament in accordance with
this Division.
(2) Sections 36, 37 and 38 do not apply to an
amendment to which this Division applies.
39E. Procedure for ratification
10 (1) The Minister must cause an approved
amendment to which this Division applies to
be laid before each House of Parliament
within 7 sitting days of that House after it is
approved.
15 (2) An approved amendment to which this
Division applies does not take effect unless it
is ratified by a resolution passed by each
House of Parliament within 10 sitting days
after it is laid before that House.
20 39F. Notice of ratification
The Minister must publish a notice of the
ratification under section 39D of an
approved amendment in the Government
Gazette specifying the place or places at
25 which any person may inspect the
amendment.
39G. When does a ratified amendment
commence?
An approved amendment that has been
30 ratified under this Division comes into
operation--
(a) when the notice of ratification of the
amendment is published in the
Government Gazette; or
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(b) on any later day or days specified in the
notice.
39H. Application of sections 40, 41 and 42
Sections 40, 41 and 42 do not apply to an
5 approved amendment to which this Division
applies unless and until the amendment is
ratified under this Division.".
4. Proof of existence and contents of planning scheme
In section 140(2) of the Planning and
10 Environment Act 1987--
(a) in paragraph (a) after "approval" insert ", or
the ratification under Division 3A of Part 3,";
(b) in paragraph (b) after "as approved" insert
"or as approved and ratified (as the case
15 may be)";
(c) for "contents of the approved amendment"
substitute "contents of the amendment".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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