Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
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 2003
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Insertion of new Part 3AA 2
PART 3AA--METROPOLITAN GREEN WEDGE
PROTECTION 2
Division 1--Introductory 2
46AA. What is a metropolitan fringe planning scheme? 2
46AB. What is an urban growth boundary? 3
46AC. What is green wedge land? 3
Division 2--Ministerial Authorisation to Prepare
Amendments to Planning Schemes 3
46AD. To which amendments does this Division apply? 3
46AE. Planning authority must obtain authorisation from
Minister to prepare amendment 4
Division 3--Ratification by Parliament for Amendments to
Planning Schemes 4
46AF. To which amendments does this Division apply? 4
46AG. Ratification by Parliament required for amendments to
which this Division applies 5
46AH. Procedure for ratification 5
46AI. Notice of ratification 6
46AJ. When does a ratified amendment commence? 6
46AK. When does an amendment lapse? 6
46AL. Application of sections 40, 41 and 42 7
46AM. Application of Division 5 of Part 4 7
4. When does an amendment lapse? 7
5. Proof of existence and contents of planning scheme 7
ENDNOTES 9
i
551015B.I1-1/5/2003 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 29 April 2003
A BILL
to amend the Planning and Environment Act 1987 to provide
increased planning protection for green wedge land in certain
metropolitan fringe areas and for other purposes.
Planning and Environment
(Metropolitan Green Wedge Protection)
Act 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Planning and Environment Act 1987--
(a) to require the authorisation of the Minister
5 for the preparation of certain amendments to
planning schemes applying to green wedge
land in certain metropolitan fringe areas; and
1
551015B.I1-1/5/2003 BILL LA CIRCULATION 25-10-2004
Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003
s. 2
Act No.
(b) to require ratification by Parliament of
certain amendments to planning schemes
applying to green wedge land in certain
metropolitan fringe areas.
5 2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Insertion of new Part 3AA
After Part 3 of the Planning and Environment
10 Act 1987 insert--
"PART 3AA--METROPOLITAN GREEN
WEDGE PROTECTION
Division 1--Introductory
46AA. What is a metropolitan fringe planning
15 scheme?
For the purposes of this Part, a metropolitan
fringe planning scheme is a planning scheme
applying to the municipal district of any of
the following municipal councils--
20 (a) Brimbank City Council;
(b) Cardinia Shire Council;
(c) Casey City Council;
(d) Frankston City Council;
(e) Greater Dandenong City Council;
25 (f) Hobsons Bay City Council;
(g) Hume City Council;
(h) Kingston City Council;
(i) Knox City Council;
(j) Manningham City Council;
2
551015B.I1-1/5/2003 BILL LA CIRCULATION 25-10-2004
Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003
s. 3
Act No.
(k) Maroondah City Council;
(l) Melton Shire Council;
(m) Mornington Peninsula Shire Council;
(n) Nillumbik Shire Council;
5 (o) Whittlesea City Council;
(p) Wyndham City Council;
(q) Yarra Ranges Shire Council.
46AB. What is an urban growth boundary?
For the purposes of this Part, an urban
10 growth boundary is a boundary that is
specified or is to be specified as an urban
growth boundary in a metropolitan fringe
planning scheme.
46AC. What is green wedge land?
15 For the purposes of this Part, green wedge
land is land that is described in a
metropolitan fringe planning scheme as
being outside an urban growth boundary.
Division 2--Ministerial Authorisation to
20 Prepare Amendments to Planning Schemes
46AD. To which amendments does this Division
apply?
(1) This Division applies to an amendment to a
metropolitan fringe planning scheme--
25 (a) to amend or insert an urban growth
boundary; or
(b) to amend or insert a provision that
relates to or affects any green wedge
land.
3
551015B.I1-1/5/2003 BILL LA CIRCULATION 25-10-2004
Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003
s. 3
Act No.
(2) This Division does not apply to an
amendment to a metropolitan fringe planning
scheme if notice of the amendment was
given under section 19 before the
5 commencement of the Planning and
Environment (Metropolitan Green Wedge
Protection) Act 2003.
46AE. Planning authority must obtain
authorisation from Minister to prepare
10 amendment
(1) Despite section 8, a planning authority, other
than the Minister, must not prepare an
amendment to which this Division applies
unless the Minister has authorised the
15 preparation of the amendment.
(2) A planning authority may apply to the
Minister for an authorisation under this
section.
(3) The Minister may--
20 (a) authorise the preparation of the
amendment subject to any conditions
the Minister wishes to impose; or
(b) refuse to authorise the preparation of
the amendment.
25 Division 3--Ratification by Parliament for
Amendments to Planning Schemes
46AF. To which amendments does this Division
apply?
(1) This Division applies to an amendment to a
30 metropolitan fringe planning scheme that
has been approved by the Minister under
section 35 and--
(a) that amends or inserts an urban growth
boundary; or
4
551015B.I1-1/5/2003 BILL LA CIRCULATION 25-10-2004
Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003
s. 3
Act No.
(b) that has the effect of altering or
removing any controls over the
subdivision of any green wedge land to
allow the land to be subdivided into
5 more lots or into smaller lots than
allowed for in the planning scheme.
(2) This Division does not apply to an
amendment to a metropolitan fringe planning
scheme if the amendment was approved by
10 the Minister before the commencement of
the Planning and Environment
(Metropolitan Green Wedge Protection)
Act 2003.
46AG. Ratification by Parliament required for
15 amendments to which this Division applies
(1) An amendment to which this Division
applies does not take effect unless ratified by
Parliament in accordance with this Division.
(2) Sections 36, 37 and 38 do not apply to an
20 amendment to which this Division applies.
46AH. Procedure for ratification
(1) The Minister must cause an amendment to
which this Division applies to be laid before
each House of Parliament within 7 sitting
25 days of that House after it is approved.
(2) If a permit has been granted under section
96I in respect of an amendment to which this
Division applies, the Minister must cause a
notice specifying that the permit has been
30 granted to be laid before each House of
Parliament at the same time that the
amendment is laid before that House under
sub-section (1).
5
551015B.I1-1/5/2003 BILL LA CIRCULATION 25-10-2004
Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003
s. 3
Act No.
(3) An 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
5 laid before that House.
46AI. Notice of ratification
The Minister must publish a notice of the
ratification under section 46AG of an
amendment in the Government Gazette
10 specifying the place or places at which any
person may inspect the amendment.
46AJ. When does a ratified amendment
commence?
An amendment that has been ratified under
15 this Division comes into operation--
(a) when the notice of ratification of the
amendment is published in the
Government Gazette; or
(b) on any later day or days specified in the
20 notice.
46AK. When does an amendment lapse?
(1) An amendment to which this Division
applies that has not been ratified in
accordance with section 46AH lapses on the
25 day immediately after the last day on which
it could have been so ratified.
(2) When an amendment has lapsed under sub-
section (1) the Minister must publish a notice
in the Government Gazette setting out the
30 date on which the amendment lapsed.
(3) The publication of the notice under sub-
section (2) is conclusive proof of the date
that the amendment lapsed.
6
551015B.I1-1/5/2003 BILL LA CIRCULATION 25-10-2004
Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003
s. 4
Act No.
46AL. Application of sections 40, 41 and 42
Sections 40, 41 and 42 do not apply to an
amendment to which this Division applies
unless and until the amendment is ratified
5 under this Division.
46AM. Application of Division 5 of Part 4
If a permit has been granted under Division 5
of Part 4 and the amendment to which the
permit applies is an amendment to which this
10 Division applies--
(a) if the amendment lapses under section
46AK(1), the permit is deemed to be
cancelled on that lapsing;
(b) if the amendment is ratified under this
15 Division, the notice under section 46AI
of ratification must also specify the
places at which any person may inspect
the permit.".
4. When does an amendment lapse?
20 (1) In section 30(1)(d) of the Planning and
Environment Act 1987, for "section 35"
substitute "this Act".
(2) At the foot of section 30(1) of the Planning and
Environment Act 1987 insert--
25 "Note: An amendment may also lapse under Part 3AA.".
5. Proof of existence and contents of planning scheme
In section 140(2) of the Planning and
Environment Act 1987--
(a) in paragraph (a), after "approval" insert ", or
30 the ratification under Part 3AA,";
(b) in paragraph (b), after "as approved" insert
"or as approved and ratified (as the case may
be)";
7
551015B.I1-1/5/2003 BILL LA CIRCULATION 25-10-2004
Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003
s. 5
Act No.
(c) for "contents of the approved amendment"
substitute "contents of the amendment".
8
551015B.I1-1/5/2003 BILL LA CIRCULATION 25-10-2004
Planning and Environment (Metropolitan Green Wedge
Protection) Act 2003
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
9
551015B.I1-1/5/2003 BILL LA CIRCULATION 25-10-2004
[Index] [Search] [Download] [Related Items] [Help]