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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Planning and Environment (Planning Schemes) Act
1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Principal Act 2
PART 2--AMENDMENT OF PLANNING AND ENVIRONMENT
ACT 1987 3
4. Definition 3
5. New Part 1A inserted 3
PART 1A--VICTORIA PLANNING PROVISIONS 3
4A. Victoria Planning Provisions 3
4B. Amendment of Victoria Planning Provisions 3
4C. Approval of amendment 4
4D. Notice of approval 5
4E. Commencement 5
4F. Application of planning scheme provisions to
amendments to VPPs 5
4G. Lodging of Victoria Planning Provisions and approved
amendments 5
4H. Who must keep a copy of an approved amendment
available for inspection? 6
4I. Who must keep up to date copy of Victoria Planning
Provisions? 6
4J. Amendment of planning schemes by Victoria Planning
Provisions 6
6. What can a planning scheme provide for? 7
7. New section 7 substituted 8
7. Structure of planning schemes 8
8. Who can prepare planning schemes or amendments? 9
9. Who can be authorised to prepare an amendment to a planning
scheme? 10
10. Duties and powers of planning authorities 10
11. New section 12A inserted 10
12A. Municipal strategic statements 10
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Clause Page
12. Submissions 12
13. New section 25A inserted 13
25A. Recommendation by panel to Minister 13
14. New Division 5 inserted in Part 4 13
Division 5--Combined permit and amendment process 13
96A. Application for permit when amendment requested. 13
96B. Application of provisions 14
96C. Notice of amendment, application and permit 15
96D. Hearing by panel 18
96E. Report by panel on proposed permit 18
96F. Planning authority to consider panel's report 18
96G. Determination by planning authority 18
96H. Recommendation by planning authority 19
96I. Minister may grant permit on approval of amendment 20
96J. Issue of permit 21
96K. Notice of refusal 22
96L. Cancellation of permit 22
96M. Application of provisions 22
96N. Who is to be the responsible authority? 23
15. Panel procedure 23
16. Supreme court--limitation of jurisdiction 23
PART 3--TRANSITIONAL 25
17. Existing Act to continue to apply to existing schemes 25
18. Municipal councils to prepare new schemes 25
19. Municipal councils to prepare municipal strategic statements 26
20. Submission of planning scheme for approval 26
21. Minister may prepare planning scheme 27
22. Validity of schemes 27
23. Issue of permits with schemes 28
24. Effect of new scheme 28
25. Applications for permits 30
26. Appeals 30
27. Supreme Court--limitation of jurisdiction 31
NOTES 33
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531081B.I1-11/11/96 BILL LA INTRODUCTION 11/11/96
A BILL
to amend the Planning and Environment Act 1987 in relation to
planning schemes and for other purposes.
Planning and Environment (Planning
Schemes) Act 1996
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the
Planning and Environment Act 1987--
(a) to reform the structure of planning schemes;
5
(b) to provide for the preparation of municipal
strategic statements;
(c) to provide for the making of Victoria
Planning Provisions;
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(d) to provide a co-ordinated procedure for the
issue of planning permits with the approval
of related amendments to planning schemes.
2. Commencement
This Act comes into operation on the day on
5
which it receives the Royal Assent.
No. 45/1987.
3. Principal Act Reprinted to
No. 93/1995
In this Act the Planning and Environment Act and
1987 is called the Principal Act. subsequently
10 amended by
_______________ No. 22/1996.
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PART 2--AMENDMENT OF PLANNING AND
ENVIRONMENT ACT 1987
4. Definition
In section 3 of the Principal Act insert--
' "Victoria Planning Provisions" means the
5
Victoria Planning Provisions approved under
Part 1A as amended from time to time.'
5. New Part 1A inserted
After Part 1 of the Principal Act insert--
"PART 1A--VICTORIA PLANNING
10
PROVISIONS
4A. Victoria Planning Provisions
(1) To assist in providing a consistent and co-
ordinated framework for planning schemes
in Victoria, the Minister may prepare and
15
approve standard planning provisions to be
called the Victoria Planning Provisions.
(2) The Victoria Planning Provisions may
contain any matter which may be included in
a planning scheme under section 6.
20
(3) The Minister must publish notice of the
approval of the Victoria Planning Provisions
in the Government Gazette.
4B. Amendment of Victoria Planning
Provisions
25
(1) The Minister may at any time prepare an
amendment to the Victoria Planning
Provisions.
(2) The Minister may authorise any other
Minister or any public authority or municipal
30
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council to prepare an amendment to the
Victoria Planning Provisions.
(3) Subject to sub-section (4), sections 17 to 34
and Part 8 apply to the preparation of an
amendment to the Victoria Planning
5
Provisions as if--
(a) the amendment were an amendment to
a planning scheme prepared under Part
3; and
(b) the Minister or the authorised body or
10
person were the planning authority.
(4) Sections 21(3), 22(3), 23(3) and 25(3) do not
apply to the preparation of an amendment to
the Victoria Planning Provisions.
4C. Approval of amendment
15
(1) The Minister may--
(a) approve an amendment or part of an
amendment to the Victoria Planning
Provisions prepared by the Minister or
submitted to the Minister under section
20
4B--
(i) with or without changes; and
(ii) subject to any conditions the
Minister wishes to impose; or
(b) refuse to approve the amendment or
25
part of the amendment.
(2) If the Minister approves only part of an
amendment to the Victoria Planning
Provisions that part becomes a separate
amendment.
30
(3) The Minister may approve further parts of an
amendment to the Victoria Planning
Provisions at any time.
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4D. Notice of approval
The Minister must publish notice of the
approval of an amendment to the Victoria
Planning Provisions in the Government
Gazette, specifying the place or places at
5
which any person may inspect the
amendment.
4E. Commencement
An amendment to the Victoria Planning
Provisions comes into operation--
10
(a) when the notice of approval of the
amendment is published in the
Government Gazette; or
(b) on any later day or days specified in the
notice.
15
4F. Application of planning scheme provisions
to amendments to VPPs
Sections 38 and 39 apply as if the
amendment to the Victoria Planning
Provisions were an amendment to a planning
20
scheme.
4G. Lodging of Victoria Planning Provisions
and approved amendments
(1) The Minister must lodge the prescribed
documents and a copy of the Victoria
25
Planning Provisions and every approved
amendment to the Victoria Planning
Provisions with--
(a) each responsible authority; and
(b) each municipal council; and
30
(c) any other person or persons whom the
Minister specifies.
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(2) An amendment must be lodged before notice
of approval of the amendment is published in
the Government Gazette.
4H. Who must keep a copy of an approved
amendment available for inspection?
5
The Minister, each responsible authority and
any person with whom a copy of an
approved amendment is lodged under section
4G must make the copy and any documents
lodged with it available at their respective
10
offices during office hours for any person to
inspect free of charge for two months after
the amendment comes into operation and
after that period on payment of the
prescribed fee.
15
4I. Who must keep up to date copy of Victoria
Planning Provisions?
The Minister, the responsible authority and
any person with whom an amendment is
lodged under section 4G must keep a copy of
20
the Victoria Planning Provisions
incorporating all amendments to them and of
all documents lodged with those
amendments available at their respective
offices during office hours for any person to
25
inspect free of charge.
4J. Amendment of planning schemes by
Victoria Planning Provisions
(1) An amendment to the Victoria Planning
Provisions may also provide for an
30
amendment to one or more specified
planning schemes.
(2) On the approval of an amendment to the
Victoria Planning Provisions which provides
for an amendment to a planning scheme, the
35
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amendment to the planning scheme is
deemed to be approved under Part 3.
(3) The notice of the approval of the amendment
to the Victoria Planning Provisions given
under section 4D is deemed also to be notice
5
of the approval under Part 3 of each
amendment of a planning scheme provided
for in the amendment to the Victoria
Planning Provisions.
(4) An amendment to a planning scheme
10
provided for in an amendment to the Victoria
Planning Provisions comes into operation--
(a) when the amendment to the Victoria
Planning Provisions comes into
operation; or
15
(b) on any later day or days specified in the
notice of approval of the amendment to
the Victoria Planning Provisions given
under section 4D.
(5) Part 3 (except Divisions 1 and 2 and sections
20
29 to 37) applies to an amendment to a
planning scheme provided for in an
amendment to the Victoria Planning
Provisions.
(6) Nothing in section 8 limits the power of a
25
person authorised under section 4B to
prepare an amendment to a planning scheme
under this section.".
6. What can a planning scheme provide for?
(1) After section 6(1)(a) of the Principal Act insert--
30
"(aa) must contain a municipal strategic statement,
if the scheme applies to the whole or part of
a municipal district; and".
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(2) After section 6(2)(c) of the Principal Act insert--
"(d) include strategic plans, policy statements,
codes or guidelines relating to the use or
development of land;".
7. New section 7 substituted
5
For section 7 of the Principal Act substitute--
"7. Structure of planning schemes
(1) A planning scheme for an area must include
and must specify separately--
(a) State standard provisions; and
10
(b) local provisions.
(2) The State standard provisions must consist of
provisions selected from the Victoria
Planning Provisions.
(3) The local provisions--
15
(a) must include--
(i) a municipal strategic statement, if
the area of the planning scheme
includes the whole or part of a
municipal district; and
20
(ii) any other provision which the
Minister directs to be included in
the planning scheme; and
(b) may include any other provision which
applies only to the area of the planning
25
scheme.
(4) If there appears to be an inconsistency
between different provisions of a planning
scheme--
(a) the scheme must, so far as practicable,
30
be read so as to resolve the
inconsistency; and
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(b) subject to paragraph (a)--
(i) the State standard provisions
prevail over the local provisions;
and
(ii) a specific control over land
5
prevails over a municipal strategic
statement or any strategic plan,
policy statement, code or
guideline in the planning scheme.
(5) The Minister may issue directions or
10
guidelines as to the form and content of any
planning scheme or planning schemes.
(6) A planning authority must comply with a
direction of the Minister under sub-section
(5).".
15
8. Who can prepare planning schemes or amendments?
(1) In section 8(1)(a) of the Principal Act omit
"which does not have a planning scheme applying
to it".
(2) In section 8(1)(b) of the Principal Act for
20
"section" substitute "provision".
(3) For sections 8(3) to 8(6) of the Principal Act
substitute--
"(3) A municipal council may prepare
amendments to the State standard provisions
25
and local provisions of a planning scheme in
force in its municipal district.
(4) The Alpine Resorts Commission may
prepare amendments to the State standard
provisions and local provisions of a planning
30
scheme in force in an alpine resort within the
meaning of the Alpine Resorts Act 1983.
(5) A person whom the Minister authorises
under section 11 may prepare amendments to
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any part of the State standard provisions and
local provisions of a planning scheme which
the Minister authorises under that section.
(6) The power given under this section to
prepare an amendment to the State standard
5
provisions of a planning scheme extends
only to the inclusion of a provision in or
deletion of a provision from the State
standard provisions of the planning
scheme.".
10
9. Who can be authorised to prepare an amendment to a
planning scheme?
In section 11(b) of the Principal Act omit "the
local section of".
10. Duties and powers of planning authorities
15
After section 12(2)(a) of the Principal Act
insert--
"(aa) must have regard to the Victoria Planning
Provisions; and
(ab) in the case of an amendment, must have
20
regard to any municipal strategic statement,
strategic plan, policy statement, code or
guideline which forms part of the scheme;
and".
11. New section 12A inserted
25
After section 12 of the Principal Act insert--
"12A. Municipal strategic statements
(1) A planning authority which is a municipal
council must prepare a municipal strategic
statement for its municipal district.
30
(2) A municipal strategic statement must further
the objectives of planning in Victoria to the
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extent that they are applicable in the
municipal district.
(3) A municipal strategic statement must
contain--
(a) the strategic planning, land use and
5
development objectives of the planning
authority; and
(b) the strategies for achieving the
objectives; and
(c) a general explanation of the
10
relationship between those objectives
and strategies and the controls on the
use and development of land in the
planning scheme; and
(d) any other provision or matter which the
15
Minister directs to be included in the
municipal strategic statement.
(4) A municipal strategic statement must be
consistent with the current corporate plan
prepared under section 153A of the Local
20
Government Act 1989 for the municipal
district.
(5) A municipal council must review its
municipal strategic statement at least once in
every 3 years after it is prepared.
25
(6) A municipal council must also review its
municipal strategic statement at any other
time that the Minister directs.".
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12. Submissions
(1) After section 21(2) of the Principal Act insert--
"(3) A person is not entitled to make a
submission which requests a change to the
terms of any State standard provision to be
5
included in a planning scheme by the
amendment.
(4) Despite sub-section (3), a person is entitled
to make a submission which requests that a
State standard provision be included in or
10
deleted from the scheme.".
(2) After section 22(2) of the Principal Act insert--
"(3) A planning authority must not consider a
submission which requests a change to the
terms of any State standard provision to be
15
included in the planning scheme by the
amendment.
(4) Despite sub-section (3), a planning authority
may consider a submission which requests
that a State standard provision be included in
20
or deleted from the scheme.".
(3) After section 23(2) of the Principal Act insert--
"(3) Sub-section (1) does not apply to a
submission which requests a change to the
terms of any State standard provision to be
25
included in the planning scheme by the
amendment.
(4) Despite sub-section (3), sub-section (1) does
apply to a submission which requests that a
State standard provision be included in or
30
deleted from the scheme.".
(4) After section 25(2) of the Principal Act insert--
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"(3) A panel must not make a recommendation
that an amendment be adopted with changes
to the terms of any State standard provision
to be included in the planning scheme.
(4) Despite sub-section (3), a panel may make a
5
recommendation that an amendment provide
for a State standard provision to be included
in or deleted from the planning scheme.".
13. New section 25A inserted
After section 25 of the Principal Act insert--
10
"25A. Recommendation by panel to Minister
(1) The panel may recommend to the Minister
that an amendment be prepared to the
Victoria Planning Provisions.
(2) Sub-section (1) does not apply if the
15
Minister is the planning authority.".
14. New Division 5 inserted in Part 4
After Division 4 of Part 4 of the Principal Act
insert--
'Division 5--Combined permit and amendment
20
process
96A. Application for permit when amendment
requested.
(1) A person who requests a planning authority
to prepare an amendment to a planning
25
scheme may also apply to the planning
authority for a permit for any purpose for
which the planning scheme as amended by
the proposed amendment would require a
permit to be obtained.
30
(2) The planning authority may agree to
consider the application for the permit
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concurrently with the preparation of the
proposed amendment.
(3) An application may be made for a permit
under this section even if it could not be
granted under the existing planning scheme.
5
(4) The application for the permit must--
(a) be accompanied by the prescribed fee;
and
(b) be accompanied by the information
required by the planning scheme.
10
(5) An application cannot be made under this
section after the notice of the proposed
amendment to the planning scheme has been
given under section 19.
(6) Sections 48, 49 and 50 apply to an
15
application under this section as if--
(a) it were an application under Division 1;
and
(b) in section 50(1) and (2) a reference--
(i) to the responsible authority were a
20
reference to the planning
authority; and
(ii) to section 52 were a reference to
section 96C(1).
96B. Application of provisions
25
(1) Subject to this Division, if a planning
authority has agreed to consider an
application for a permit concurrently with
the preparation of a proposed amendment--
(a) sections 17, 18 and 20 to 25 and Part 8
30
apply to the application as if--
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(i) except in section 23, the
application were an amendment to
a planning scheme; and
(ii) any reference in those sections to
section 19 were a reference to
5
section 96C; and
(iii) any reference in section 23 to an
amendment were a reference to
the proposed permit; and
(b) Parts 3 and 5 apply to the proposed
10
amendment as if any reference in those
Parts to section 19 were a reference to
section 96C.
(2) Sections 166 and 185A apply to an
application for a permit under this Division
15
as if it were an amendment to a planning
scheme and as if any reference in those
sections to Part 3 included a reference to this
Division.
96C. Notice of amendment, application and
20
permit
(1) A planning authority must give notice of its
preparation of an amendment to a planning
scheme and notice of an application being
considered concurrently with the amendment
25
under this Division to--
(a) every Minister, public authority and
municipal council that it believes may
be materially affected by the
amendment or application; and
30
(b) to the owners (except persons entitled
to be registered under the Transfer of
Land Act 1958 as proprietor of an
estate in fee simple) and occupiers of
land that it believes may be materially
35
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affected by the amendment or
application; and
(c) to any Minister, public authority,
municipal council or person prescribed;
and
5
(d) to the Minister administering the Land
Act 1958 if the amendment provides
for the closure of a road wholly or
partly on Crown land; and
(e) to the responsible authority, if it is not
10
the planning authority; and
(f) to the owners (except persons entitled
to be registered under the Transfer of
Land Act 1958 as proprietor of an
estate in fee simple) and occupiers of
15
allotments or lots adjoining the land to
which the application applies unless the
planning authority is satisfied that the
grant of the permit would not cause
material detriment to any person.
20
(2) A planning authority must publish a notice
of the amendment and the application in a
newspaper generally circulating in the area
to which the amendment applies.
(3) On the same day that it gives the last of the
25
notices under sub-section (1) and (2) or after
that day, the planning authority must publish
a notice of the preparation of the amendment
and of the application in the Government
Gazette.
30
(4) Any notice must--
(a) be given in accordance with the
regulations; and
(b) set a date for submissions to the
planning authority which, if notice of
35
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the preparation of the amendment and
the application is given in the
Government Gazette, must be not less
than one month after the date that the
notice is given in the Government
5
Gazette.
(5) The failure of a planning authority to give a
notice under sub-section (1) does not
prevent--
(a) the adoption of the amendment by the
10
planning authority or its submission to
or approval by the Minister; or
(b) the grant of a permit under this
Division.
(6) Sub-section (5)(a) does not apply to a failure
15
to notify an owner of land about the
preparation of an amendment which provides
for--
(a) the reservation of that land for public
purposes; or
20
(b) the closure of a road which provides
access to that land.
(7) A planning authority may take any other
steps it thinks necessary to tell anyone who
may be affected by the amendment about its
25
preparation.
(8) The planning authority must give a copy of
the proposed permit under this Division to
each person to whom the notice of the
amendment and application is given under
30
sub-section (1).
(9) The applicant for a permit under this
Division must pay to the planning authority
the cost of any notice of the amendment and
the application given under this section.
35
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(10) Section 19 does not apply to an amendment
of which notice is given under this section.
96D. Hearing by panel
Section 24 applies in respect of an
application under this Division as if it also
5
required the panel to give a reasonable
opportunity to be heard to the applicant.
96E. Report by panel on proposed permit
(1) Without limiting section 25(2), if a panel
recommends under that section that an
10
amendment be adopted, the panel may also
recommend--
(a) that a permit be granted under this
Division for any purpose for which the
planning scheme as amended by the
15
proposed amendment would require a
permit to be obtained; and
(b) the conditions to which the permit
should be subject.
(2) Sub-section (1) applies whether or not an
20
application has been made under this
Division for the permit.
96F. Planning authority to consider panel's
report
The planning authority must consider the
25
panel's report under section 96E before
deciding whether or not to recommend the
granting of a permit.
96G. Determination by planning authority
(1) A planning authority may determine to
30
recommend to the Minister that a permit be
granted under this Division with or without
changes if--
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(a) an application for a permit has been
made under this Division and sections
96A to 96F have been complied with;
or
(b) a panel has recommended the grant of a
5
permit under this Division and section
96F has been complied with; or
(c) as a result of changes made to an
amendment under Part 3, the planning
authority considers it appropriate that a
10
permit be granted under this Division
for any purpose for which the planning
scheme as amended by the proposed
amendment would require a permit to
be obtained.
15
(2) A planning authority may only make a
determination under sub-section (1) if it has
adopted the amendment or the part of the
amendment to which the permit applies.
(3) If an amendment or the part of the
20
amendment to which the permit applies
lapses under Part 3, the permit application
also lapses.
(4) If a planning authority determines to refuse
to recommend to the Minister that a permit
25
be granted under this Division for which an
application has been made, the planning
authority must notify the applicant in writing
of the determination and the reasons for the
determination.
30
96H. Recommendation by planning authority
(1) If the planning authority has determined
under section 96G to recommend the
granting of a permit, the planning authority
must submit the recommendation and the
35
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proposed permit to the Minister at the same
time as it submits the adopted amendment to
which the permit applies.
(2) The Minister may direct the planning
authority to give more notice of the
5
application for the permit if the Minister
thinks that the notice which the planning
authority gave was inadequate, even if the
planning authority has complied with section
96C.
10
(3) The planning authority must give the notice
of the application required by the Minister
and comply again with sections 21 to 26 and
sections 96D to 96H (so far as applicable).
(4) Sections 33 and 34 apply to a proposed
15
permit submitted under this section as if it
were an amendment.
96I. Minister may grant permit on approval of
amendment
(1) If a planning authority has recommended the
20
grant of a permit under section 96H, the
Minister may--
(a) grant the permit; or
(b) grant the permit subject to conditions
the Minister thinks fit; or
25
(c) refuse to grant the permit on any
ground the Minister thinks fit.
(2) In addition to sub-section (1), the Minister
may grant a permit under this section subject
to any conditions the Minister thinks fit, if
30
the Minister considers that, as a result of
changes made to an amendment under Part 3,
it is appropriate that a permit be granted
under this section for any purpose for which
the planning scheme as amended by the
35
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proposed amendment would require a permit
to be obtained.
(3) The permit must be granted at the same time
as the approval of the amendment to which
the permit applies.
5
(4) The permit must state that it operates from a
day specified in the permit being a day on or
after the day on which the amendment to
which the permit applies comes into
operation.
10
(5) Section 60(2), (4) and (5) apply to the
consideration of a decision to grant a permit
under this section as if any reference to the
responsible authority were a reference to the
Minister.
15
(6) Section 62(2) to (6) apply to a permit granted
under this section by the Minister as if a
reference to the responsible authority in
section 62(2)(where first occurring), 62(4),
62(5) and 62(6) were a reference to the
20
Minister.
96J. Issue of permit
(1) If the Minister grants a permit under section
96I, the Minister must direct the responsible
authority to issue the permit.
25
(2) The responsible authority must issue the
permit within 7 days after a direction is
given under sub-section (1).
(3) The permit must be issued to--
(a) the applicant; or
30
(b) if there was no application for the
permit under this Division, to the owner
of the land.
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(4) The responsible authority must comply with
a direction of the Minister under this section.
96K. Notice of refusal
(1) The Minister may direct the responsible
authority to give notice of the refusal of the
5
permit to any person or body specified by the
Minister.
(2) The direction and the notice by the
responsible authority must set out the
specific grounds on which the permit is
10
refused.
(3) The responsible authority must comply with
a direction of the Minister under this section.
96L. Cancellation of permit
If a permit is granted under this Division and
15
the amendment to which the permit applies
is revoked under section 38, the permit is
deemed to be cancelled on that revocation.
96M. Application of provisions
(1) Sections 68 to 76 apply to a permit granted
20
under this Division.
(2) Sections 81 and 85(1)(f) apply to a permit
under this Division.
(3) Except as provided in this Division,
Divisions 1 and 2 do not apply to an
25
application or permit under this Division.
(4) Division 3 applies to a permit issued under
this Division as if--
(a) for section 87(1)(e) there were
substituted--
30
"(e) in the case of an application for a
permit under section 96A, any
failure to give notice in
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s. 15 Act No.
accordance with section 96C(1);
or"; and
(b) section 87(1)(f) were omitted.
(5) If a permit is granted under this Division--
(a) the notice under section 36(1) of
5
approval of the amendment to which
the permit applies must also specify the
places at which any person may inspect
the permit; and
(b) the notice under section 38 of approval
10
of the amendment to which the permit
applies must specify that the permit has
been granted.
96N. Who is to be the responsible authority?
Once a permit is granted under this Division,
15
the responsible authority under the planning
scheme becomes the responsible authority in
respect of the permit.'.
15. Panel procedure
For section 161(2) of the Principal Act
20
substitute--
"(2) A panel may require a planning authority or
other body or person to produce any
documents relating to any matter being
considered by the panel under this Act which
25
it reasonably requires.".
16. Supreme court--limitation of jurisdiction
(1) In section 201D of the Principal Act before "It is
the intention" insert "(1)".
(2) At the end of section 201D of the Principal Act
30
insert--
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Act No.
"(2) It is the intention of sections 4F and 4J to
alter or vary section 85 of the Constitution
Act 1975.
(3) It is the intention of sections 96M(2) and (4)
to alter or vary section 85 of the
5
Constitution Act 1975 to the extent that it
applies to an appeal to which section 66A of
the Planning Appeals Act 1980 applies.".
_______________
10
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s. 17 Act No.
PART 3--TRANSITIONAL
17. Existing Act to continue to apply to existing schemes
Despite the amendment of the Principal Act by
this Act, the Principal Act as in force immediately
before the commencement of this Act continues to
5
apply in relation to--
(a) any planning scheme existing immediately
before that commencement; and
(b) any amendment to a planning scheme of
which notice was given under section 19 of
10
the Principal Act but which had not been
approved before that commencement; and
(c) any amendment to a planning scheme
referred to in paragraph (a) prepared on or
after that commencement.
15
18. Municipal councils to prepare new schemes
(1) As soon as practicable after the commencement of
this Act, each municipal council must prepare a
planning scheme for its municipal district and for
any area adjoining its municipal district for which
20
it is a planning authority.
(2) Subject to this Part, the Principal Act as amended
by this Act and the regulations under the Principal
Act apply to the preparation of a planning scheme
under this section as if it were an amendment to a
25
planning scheme and the municipal council were
the planning authority.
(3) Sections 96A to 96D do not apply in respect of a
planning scheme prepared under this section.
30
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19. Municipal councils to prepare municipal strategic
statements
(1) The municipal council must prepare a municipal
strategic statement for inclusion in the planning
scheme prepared under section 18 on or before the
5
date specified by the Minister in respect of that
planning scheme.
(2) If a municipal council has not prepared a
municipal strategic statement for inclusion in a
planning scheme on or before the date specified
10
by the Minister under sub-section (1), the Minister
may prepare a municipal strategic statement for
inclusion in that planning scheme.
(3) Section 12A of the Principal Act as amended by
this Act applies to the preparation of a municipal
15
strategic statement under this section.
20. Submission of planning scheme for approval
(1) The municipal council must submit a planning
scheme prepared under section 18 to the Minister
for approval under section 31 of the Principal Act
20
on or before the date specified by the Minister in
respect of that planning scheme.
(2) If the municipal council does not submit a
planning scheme by the date specified by the
Minister, the Minister may prepare and approve a
25
planning scheme for that municipal district.
(3) The Principal Act (except sections 12(1)(a) and
(e), 12(2), 12(3), Divisions 1 and 2 of Part 3 and
section 39 and any regulations made for the
purpose of those provisions) applies to the
30
preparation and approval of a planning scheme by
the Minister under sub-section (2).
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(4) A planning scheme approved under this section is
deemed to be approved under the Principal Act.
(5) The municipal council must pay to the Crown the
costs determined by the Governor in Council to be
incurred by the Minister in preparing a planning
5
scheme under this section for the council's
municipal district.
21. Minister may prepare planning scheme
(1) The Minister may prepare and approve a planning
scheme under this Part for any part of Victoria
10
outside a municipal district.
(2) Subject to this Part, the Principal Act as amended
by this Act and the regulations under the Principal
Act apply to the preparation of a planning scheme
under this section as if it were an amendment to a
15
planning scheme and the Minister were the
planning authority.
(3) Sections 96A to 96D do not apply in respect of a
planning scheme prepared under this section.
22. Validity of schemes
20
(1) A planning scheme prepared under this Part and
approved or purporting to have been approved is
deemed to have been duly approved in accordance
with all of the requirements of this Part and the
Principal Act and to be valid and effective in all
25
respects.
(2) A planning scheme referred to in sub-section (1)
must not be called into question in any proceeding
in any court or tribunal or in any proceeding by
way of review under the Principal Act or this Part.
30
(3) Nothing in this section applies to an amendment
to a planning scheme referred to in sub-section
(1).
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Act No.
23. Issue of permits with schemes
(1) If--
(a) a municipal council prepares a planning
scheme under this Part for an area; and
(b) the municipal council determines under
5
section 96G(1)(c) of the Principal Act to
recommend to the Minister that a permit be
granted under Division 5 of Part 4 of the
Principal Act--
the municipal council must give the owner and the
10
occupier of land to which the proposed permit
would apply at least 30 days notice of its intention
to recommend to the Minister that a permit be
granted under that Division in respect of the land.
(2) The notice must be accompanied by a copy of the
15
proposed permit.
(3) Section 96I of the Principal Act applies in relation
to a planning scheme prepared under this Part as if
that section permitted the Minister--
(a) to grant a permit subject to any conditions
20
the Minister thinks fit, if the Minister
considers that it is appropriate that a permit
be granted under that section for any purpose
for which the planning scheme would require
the permit to be obtained; and
25
(b) to grant any permit under that section within
3 months after the date of approval of the
planning scheme.
24. Effect of new scheme
(1) On the commencement of a new planning scheme
30
prepared under this Part in respect of an area, any
planning scheme in force in that area immediately
before that commencement is revoked.
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s. 24 Act No.
(2) All acts matters or things of a continuing nature
made, done or commenced under or in relation to
a revoked scheme that could have been made,
done or commenced under or in relation to the
new planning scheme are to be taken, so far as
5
relates to any period after the commencement of
the new planning scheme, to have been made,
done or commenced in relation to the new
planning scheme.
(3) On and from the commencement of the new
10
planning scheme--
(a) all proceedings commenced by or against a
responsible authority under or in relation to
the revoked scheme may be continued by or
against the responsible authority for the new
15
planning scheme; and
(b) any arrangement, contract or agreement
entered into by or on behalf of a responsible
authority in relation to the revoked scheme
that could be entered into under the Principal
20
Act in relation to the new planning scheme
may be enforced by or against the
responsible authority for the new planning
scheme; and
(c) all rights and liabilities existing under or in
25
relation to the revoked scheme immediately
before the commencement of the new
planning scheme continue under or in
relation to the new planning scheme, to the
extent that the new planning scheme has
30
provisions to the like effect as provisions of
the revoked scheme, and may be enforced by
or against--
(i) the Minister, if they were rights and
liabilities of or enforceable against the
35
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s. 25
Act No.
Minister immediately before that
commencement; or
(ii) the responsible authority for the new
planning scheme, if they were rights
and liabilities of or enforceable against
5
the responsible authority under or in
relation to the revoked scheme
immediately before that
commencement.
25. Applications for permits
10
(1) Any application for a permit in respect of land
which was made under the Principal Act but
which had not been decided before the
commencement of a new planning scheme
prepared under this Part and applying to that land
15
must be decided in accordance with the provisions
of the new planning scheme as in force at the date
of the decision.
(2) Subject to sub-section (3), Part 4 of the Principal
Act as amended by this Act applies to an
20
application referred to in sub-section (1) as if a
reference in that Part to a planning scheme were a
reference to the new planning scheme.
(3) If notice had been given of an application under
section 52 of the Principal Act before the
25
commencement of the new planning scheme--
(a) any exemption in the new planning scheme
from the giving of that notice does not apply;
and
(b) any additional requirements for notice in the
30
new planning scheme do not apply.
26. Appeals
(1) If before the commencement of a new planning
scheme prepared under this Part--
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s. 27 Act No.
(a) the responsible authority had decided an
application for a permit under the Principal
Act in respect of land to which the new
planning scheme applies; and
(b) an appeal against the decision had not been
5
lodged before that commencement and the
time for lodging had not expired; and
(c) an appeal is made to the Administrative
Appeals Tribunal against that decision after
that commencement--
10
the new planning scheme as in force at the date of
the determination by the Tribunal applies to the
hearing and determination of the appeal.
(2) If before the commencement of a new planning
scheme prepared under this Part--
15
(a) the responsible authority had decided an
application for a permit under the Principal
Act in respect of land to which the new
planning scheme applies; and
(b) an appeal had been lodged but not
20
determined before that commencement--
the new planning scheme as in force at the date of
the determination by the Tribunal applies to the
hearing and determination of the appeal.
(3) If on an appeal referred to in this section, the
25
Tribunal determines that a permit should be
granted, the new planning scheme as in force for
the time being applies to the grant of the permit
and anything done under or in relation to the
permit.
30
27. Supreme Court--limitation of jurisdiction
It is the intention of section 22(2) to alter or vary
section 85 of the Constitution Act 1975.
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Act No.
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Notes Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
34
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