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PARLIAMENT OF VICTORIA
Planning Legislation Amendment Bill 2009
(No. 2)
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO THE PLANNING AND
ENVIRONMENT ACT 1987 3
3 Exemption from giving notice 3
4 Responsible authority to consider all applications 3
5 New Part 4AA inserted 4
PART 4AA--DEVELOPMENT ASSESSMENT
COMMITTEES 4
Division 1--General 4
97MA Definitions 4
Division 2--Establishment and functions of DACs 7
97MB Governor in Council may establish development
assessment committees 7
97MC Variation or revocation of order establishing DAC 8
97MCA Referral to Advisory Committee 9
97MD Functions of a DAC 9
97ME DAC must consider all applications within its
operational area 10
97MF Powers of a DAC 11
97MG Responsible authority to provide documents and
information to DAC 11
97MH Responsible authority to provide assistance to DAC 11
97MJ Decision of DAC taken to be decision of responsible
authority 12
561443B.I-14/9/2009 i BILL LA INTRODUCTION 14/9/2009
Clause Page
Division 3--Membership of DAC 12
97MK Members 12
97ML Alternate members 13
97MM Removal, suspension or resignation of members 14
97MN Vacancies 15
97MO Minister to publish details of members 15
97MP Conditions of membership 16
97MQ Payment of members 16
Division 4--Procedure of DAC 16
97MR General procedures 16
97MS Procedures at meetings of a DAC 17
97MT Validity of decisions 17
97MTA Meetings to be open to the public 18
97MU Additional procedures 18
97MV Application of section 144 19
Division 5--Probity requirements for DAC members 19
Subdivision 1--General 19
97MW Definition 19
Subdivision 2--Conduct principles 19
97MX Conduct principles for DAC members 19
Subdivision 3--Misuse of position 20
97MY Definition 20
97MZ Misuse of position 21
Subdivision 4--Conflict of interests 22
97MZA Disclosure of conflicts of interest by DAC members 22
97MZB Persons to disclose interests when providing advice
or report 22
97MZC Conflict of interest 23
97MZD Direct interest 24
97MZE Indirect interest by close association 24
97MZF Indirect interest that is an indirect financial interest 27
97MZG Indirect interest because of conflicting duties 28
97MZH Indirect interest because of receipt of an applicable
gift 29
97MZI Indirect interest as a consequence of becoming an
interested party 30
561443B.I-14/9/2009 ii BILL LA INTRODUCTION 14/9/2009
Clause Page
Subdivision 5--Returns of interests of DAC members 30
97MZJ Application of Subdivision 30
97MZK Definition 30
97MZL DAC members to submit primary returns 30
97MZM DAC members to submit ordinary returns 32
Subdivision 6--Register of interests of DAC members 33
97MZN Secretary to maintain register 33
97MZO Inspection of register 33
97MZP Member may inspect records 34
97MZQ Persons not to publish information from register 34
97MZR Department employees must not divulge or use
information 34
97MZS Removal of returns from register 35
97MZT Retention of returns of ceased members 35
PART 3--AMENDMENTS TO OTHER ACTS 36
6 Amendment to Docklands Act 1991 36
7 Amendment to the Heritage Act 1995 36
8 Amendment to the Local Government Act 1989 37
9 Amendments to the Melbourne Convention and Exhibition
Trust Act 1996 37
PART 4--REPEAL OF AMENDING ACT 38
10 Repeal of amending Act 38
ENDNOTES 39
561443B.I-14/9/2009 iii BILL LA INTRODUCTION 14/9/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
(No. 2)
Planning Legislation Amendment
Bill 2009
A Bill for an Act to amend the Planning and Environment Act 1987,
the Docklands Act 1991, the Heritage Act 1995, the Local
Government Act 1989 and the Melbourne Convention and
Exhibition Trust Act 1996 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Planning and Environment
5 Act 1987--
(i) to enable certain applications for
planning permits and amendments to
planning permits to be decided on by
561443B.I-14/9/2009 1 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 1--Preliminary
s. 2
development assessment committees;
and
(ii) to enable growth areas to be declared
anywhere in Victoria; and
5 (b) to amend the Docklands Act 1991 to amend
the objective of the Victorian Urban
Development Authority; and
(c) to amend the Heritage Act 1995 to increase
the maximum penalty that may be prescribed
10 for an infringement offence; and
(d) to amend the Local Government Act 1989
to provide an exception from a conflict of
interest provision for a member of a
development assessment committee; and
15 (e) to amend the Melbourne Convention and
Exhibition Trust Act 1996 to clarify and
broaden the powers and functions of the
Melbourne Convention and Exhibition Trust.
2 Commencement
20 This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
561443B.I-14/9/2009 2 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 3
PART 2--AMENDMENTS TO THE PLANNING AND
ENVIRONMENT ACT 1987
3 Exemption from giving notice
After section 20(5) of the Planning and See:
Act No.
5 Environment Act 1987 insert-- 45/1987.
Reprint No. 8
"(6) The Minister cannot, under this section, as at
17 August
exempt a planning authority or himself or 2005
herself from any requirement if the and
amending
amendment is to include an Activity Centre Act Nos
10 Zone for a Relevant Activity Area within the 18/2005,
32/2006,
meaning of Part 4AA or to amend the 33/2006,
boundaries of such a Zone.". 80/2006 and
47/2007.
LawToday:
www.
legislation.
vic.gov.au
4 Responsible authority to consider all applications
(1) In section 58 of the Planning and Environment
15 Act 1987, for "The responsible authority"
substitute "Subject to subsection (2), the
responsible authority".
(2) At the end of section 58 of the Planning and
Environment Act 1987 insert--
20 "(2) A responsible authority must not consider or
make a decision in respect of a DAC
application within the meaning of
Part 4AA.".
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Part 2--Amendments to the Planning and Environment Act 1987
s. 5
5 New Part 4AA inserted
After Part 4 of the Planning and Environment
Act 1987 insert--
"PART 4AA--DEVELOPMENT ASSESSMENT
5 COMMITTEES
Division 1--General
97MA Definitions
(1) In this Part--
DAC means a development assessment
10 committee established under
section 97MB;
DAC application, in relation to a DAC,
means an application for a permit or an
amendment to a permit that is within
15 the operational area of that DAC;
operational area, in relation to a DAC,
means--
(a) the classes of applications for
permits described in section
20 97MD(1)(a) that are to be decided
on by that DAC; and
(b) the types of amendments to
permits described in section
97MD(1)(b) that are to be decided
25 on by that DAC.
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Part 2--Amendments to the Planning and Environment Act 1987
s. 5
Relevant Activity Area means any of the
suburbs listed in Column 1 of the
following Table--
Column 1 Column 2
Suburb Municipal District in
which suburb is located:
Municipal district of:
Airport West Moonee Valley City
Council
Box Hill Whitehorse City Council
Broadmeadows Hume City Council
Camberwell Boroondara City Council
Chadstone Stonnington City Council
Cheltenham Kingston City Council
Coburg Moreland City Council
Cranbourne Casey City Council
Dandenong Greater Dandenong City
Council
Doncaster Manningham City
Council
Epping Whittlesea City Council
Footscray Maribyrnong City
Council
Frankston Frankston City Council
Geelong Greater Geelong City
Council
Glen Waverley Monash City Council
Greensborough Banyule City Council
Hawthorn Boroondara City Council
Maribyrnong Maribyrnong City
Council
Moonee Ponds Moonee Valley City
Council
Narre Warren Casey City Council
561443B.I-14/9/2009 5 BILL LA INTRODUCTION 14/9/2009
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Part 2--Amendments to the Planning and Environment Act 1987
s. 5
Column 1 Column 2
Suburb Municipal District in
which suburb is located:
Municipal district of:
Prahran Stonnington City Council
South Yarra Stonnington City Council
Preston Darebin City Council
Ringwood Maroondah City Council
Sunshine Brimbank City Council
Sydenham Brimbank City Council
Wantirna South Knox City Council
Werribee Wyndham City Council
Relevant Activity Centre Zone means a
contiguous area designated in a
planning scheme in respect of a
Relevant Activity Area as an Activity
5 Centre Zone.
(2) Despite anything to the contrary in this
Act--
(a) not more than one Activity Centre Zone
may be designated in a planning
10 scheme in respect of each Relevant
Activity Area other than Preston; and
(b) not more than 2 Activity Centre Zones
may be designated in a planning
scheme in respect of the Preston
15 Relevant Activity Area.
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Part 2--Amendments to the Planning and Environment Act 1987
s. 5
Division 2--Establishment and functions
of DACs
97MB Governor in Council may establish
development assessment committees
5 (1) The Governor in Council, on the
recommendation of the Minister, may by
order published in the Government Gazette,
establish one or more development
assessment committees.
10 (2) An order establishing a DAC must specify--
(a) the class or classes of applications for
permits to be decided on by the DAC;
and
(b) the area or areas in a Relevant Activity
15 Centre Zone or Zones for which the
DAC is established and to which any
such class of application applies.
(3) An area or areas for which a DAC is
established--
20 (a) may be specified in the order by
reference to a map or plan including a
planning scheme document; and
(b) may include land that covers one or
more, or parts of one or more,
25 municipal districts.
(4) An order under this section takes effect from
the day that it is published in the
Government Gazette or, if a later day is
specified in the order, on that later day.
30 (5) The Minister must publish on the
Department's Internet site--
(a) the name of each DAC established by
an order under this section; and
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s. 5
(b) the class or classes of applications for
permits to be decided on by that DAC;
and
(c) the area or areas for which the DAC is
5 established to which any such class of
application applies.
97MC Variation or revocation of order
establishing DAC
(1) The Governor in Council, on the
10 recommendation of the Minister, may by
order published in the Government
Gazette--
(a) revoke an order under section 97MB; or
(b) vary an order under section 97MB to
15 change--
(i) the class or classes of applications
for permits to be decided on by a
DAC; and
(ii) the area or areas of Victoria to
20 which any such class of
application applies.
(2) An order under this section takes effect from
the day that it is published in the
Government Gazette or, if a later day is
25 specified in the order, on that later day.
(3) A reference in this Part to an order under
section 97MB includes the order as varied
from to time under this section.
(4) The Minister must publish on the
30 Department's Internet site the details of any
variations to an order made under
subsection (1)(b).
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s. 5
97MCA Referral to Advisory Committee
(1) Before making a recommendation to the
Governor in Council under section 97MB
or 97MC, the Minister must refer the matter
5 to an Advisory Committee under section 151
for advice as to the classes of applications
for permits that are to be decided on by the
DAC.
(2) The Advisory Committee must consult with
10 the following before giving advice to the
Minister under this section--
(a) any municipal council for the area or
areas for which the DAC is to be
established;
15 (b) the owners and occupiers of land that it
believes may be materially affected by
the proposal;
(c) any public authority that it believes
may be materially affected by the
20 proposal.
97MD Functions of a DAC
(1) The functions of a DAC are to consider and
decide under Part 4--
(a) any application for a permit--
25 (i) that is within the class or classes
of applications for permits
specified in the order under
section 97MB establishing that
DAC; and
30 (ii) that is within the area or areas
specified in that order for which
the DAC is established and to
which the application applies; and
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s. 5
(b) any application for an amendment to a
permit where--
(i) the decision to grant the permit
was made by the DAC and the
5 permit, when amended, will be
within a class of permits referred
to in paragraph (a); or
(ii) the decision to grant the permit
was made by the responsible
10 authority and the permit, once
amended, will be within a class of
permits referred to in
paragraph (a).
(2) Despite subsection (1), a DAC must not
15 decide or continue to decide an application
for a permit--
(a) that is required or directed to be
referred to the Minister under
Division 4 of Part 4; or
20 (b) to which Division 5 of Part 4 applies; or
(c) that is directed to be referred to the
Minister under Division 6 of Part 4.
(3) Sections 59, 60, 61, 62, 73(2), 84(1), 97B
and 197 apply in respect of an application for
25 a permit or an amendment to a permit within
the operational area of a DAC as if a
reference to the responsible authority were a
reference to that DAC.
97ME DAC must consider all applications within
30 its operational area
A DAC must consider every application for a
permit or an amendment to a permit within
its operational area.
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s. 5
97MF Powers of a DAC
In deciding a DAC application, the DAC has
all the powers that the responsible authority
would have had to decide on the application
5 if it were not a DAC application.
97MG Responsible authority to provide
documents and information to DAC
To enable a DAC to decide on a DAC
application, the responsible authority must
10 provide the following to each member of the
DAC constituted to decide that application--
(a) a copy of the application;
(b) a copy of any comments from a referral
authority relating to the application;
15 (c) a copy of any report of a member of
staff of the responsible authority in
respect of the application;
(d) any other document or information
relating to the application that is
20 relevant to deciding the application;
(e) any other document or information that
has been reasonably requested by the
DAC to assist it in deciding on the
application.
25 97MH Responsible authority to provide
assistance to DAC
To enable a DAC to decide on a DAC
application, the responsible authority must
provide the DAC with any technical advice,
30 administrative support and any other support
reasonably required by the DAC.
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s. 5
97MJ Decision of DAC taken to be decision of
responsible authority
(1) A decision or failure to make a decision by a
DAC on a DAC application is taken to be a
5 decision or failure to make a decision on that
application by the responsible authority.
(2) The responsible authority must ensure that
the register of applications kept under
section 49 specifies whether a decision on an
10 application for a permit or an amendment to
a permit relating to its municipal district has
been made by a DAC.
(3) Any reference in Division 1, 1A, 2 or 3 of
Part 4 or in sections 98(2), 99(a)(i) or
15 99(a)(iii) to an application for a permit or an
amendment to a permit or a permit or
amendment to a permit having been decided
in favour of by a responsible authority or
having been granted, issued, refused or failed
20 to be granted within the prescribed time by a
responsible authority, is taken to include an
application for a permit or an amendment to
a permit that has been decided on by a DAC
or a permit or amendment to a permit that a
25 DAC has decided to grant or refused to grant
or has failed to grant within the prescribed
time.
Division 3--Membership of DAC
97MK Members
30 (1) A DAC is to consist of the following
members in relation to DAC applications
applying to land in a particular municipal
district--
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s. 5
(a) a Chairperson nominated by the
Minister from the list of persons
prepared under subsection (3);
(b) 2 other members nominated by the
5 Minister;
(c) 2 other members, nominated by the
municipal council for the municipal
district, who must be drawn from a
group of 5 persons who are councillors
10 or members of staff of that council and
who have been nominated by that
council.
(2) The members of the DAC are to be
appointed by the Governor in Council.
15 (3) The Minister must prepare a list of names of
persons available for appointment as
Chairperson or Alternate Chairperson of a
DAC and must consult with the following
bodies in respect of that list before making
20 any nomination from that list--
(a) the Municipal Association of Victoria;
(b) the Victorian Local Government
Association.
97ML Alternate members
25 (1) There are to be the following alternate
members of a DAC in relation to a DAC
application applying to land in a particular
municipal district--
(a) an alternate Chairperson nominated by
30 the Minister from the list of persons
prepared by the Minister under
section 97MK(3);
(b) an alternate member nominated by the
Minister for each member of the DAC
35 nominated by the Minister;
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s. 5
(c) 3 other alternate members who are to
be the persons forming part of the
group of persons referred to in section
97MK(1)(c) who were not appointed as
5 members of the DAC under
section 97MK.
(2) Alternate members of a DAC are to be
appointed by the Governor in Council.
(3) Subject to section 97MS(d)(ii), a person
10 appointed as an alternate member for a
member of a DAC is to act for that member
if the member is incapable of performing his
or her duties of office or is to be absent for
any other reason.
15 (4) Subject to section 97MS(d)(ii), a municipal
council may nominate one of the 3 alternate
members of a DAC referred to in subsection
(1)(c) to act for a member of that DAC
nominated by that council if he or she is
20 incapable of performing his or her duties of
office or is to be absent for any other reason.
(5) An alternate member who is nominated to
act for a member under subsection (4) is to
act for that member.
25 (6) An alternate member of a DAC while acting
for a member has the powers, authority and
duties of that member.
97MM Removal, suspension or resignation of
members
30 (1) The Minister may suspend a member or an
alternate member of a DAC for up to
3 months if the Minister believes on
reasonable grounds that the member has--
(a) breached any requirement in
35 Division 5; or
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s. 5
(b) acted corruptly in performing his or her
duties as a member of the DAC.
(2) The Governor in Council may at any time
remove a member or an alternate member of
5 a DAC from office.
(3) A member or an alternate member of a DAC
may resign by giving a written resignation to
the Minister.
97MN Vacancies
10 (1) The office of a member or an alternate
member of a DAC becomes vacant if the
member--
(a) becomes insolvent under
administration; or
15 (b) is convicted of an indictable offence or
an offence that, if committed in
Victoria, would be an indictable
offence;
(c) retires, resigns or is removed from
20 office; or
(d) dies or becomes permanently incapable
of performing the duties of office.
(2) If there is a vacancy in the office of a
member or an alternate member of a DAC,
25 the Governor in Council may appoint a
member or an alternate member to fill the
vacancy in accordance with section 97MK
or 97ML (as the case requires).
97MO Minister to publish details of members
30 The Minister must publish on the
Department's Internet site the following
details relating to the members and alternate
members of a DAC--
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s. 5
(a) the names of the members and alternate
members of the DAC from time to
time; and
(b) if the DAC is established in respect of
5 more than one municipal district, the
members and alternate members who
constitute the DAC in respect of each
municipal district.
97MP Conditions of membership
10 A member or an alternate member of a DAC--
(a) holds office for the period specified in the
instrument of appointment, which must be a
period of not more than 3 years; and
(b) holds office on the terms and conditions
15 determined by the Minister; and
(c) may be reappointed.
97MQ Payment of members
Each member or alternate member of a DAC
is entitled to receive any fees and allowances
20 fixed by the Minister in respect of that
member, unless the person is employed by or
on behalf of the Crown or a municipal
council or is a member of a municipal
council.
25 Division 4--Procedure of DAC
97MR General procedures
In deciding on a DAC application, the
DAC--
(a) must act according to equity and good
30 conscience without regard to
technicalities or legal forms; and
(b) is bound by the rules of natural justice.
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s. 5
97MS Procedures at meetings of a DAC
The following provisions apply to a DAC in
deciding on a DAC application--
(a) if either the Chairperson or the alternate
5 Chairperson is for any reason unable to
attend a meeting of the DAC, the
members present must elect an acting
Chairperson for that meeting;
(b) the quorum for a meeting of the DAC is
10 3 members (including any alternate
member acting for a member) of the
DAC;
(c) the DAC may act despite a vacancy in
its membership as long as there is a
15 quorum;
(d) if a member of the DAC absents
himself or herself from the DAC after it
has commenced to consider an
application--
20 (i) the DAC may continue to consider
that application; and
(ii) despite section 97ML, the absent
member is not to be replaced by
an alternate member during the
25 consideration of that application.
97MT Validity of decisions
An act or decision of a DAC is not invalid by
reason only of--
(a) a vacancy in the office of a member or
30 an alternate member of the DAC; or
(b) a defect or irregularity in or in
connection with the appointment of a
member or an alternate member of the
DAC; or
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s. 5
(c) in the case of a person purporting to act
as a member or an alternate member of
the DAC--
(i) the occasion for the appointment
5 of the person to act had not arisen;
or
(ii) there was a defect or irregularity
in or in connection with the
appointment of the member; or
10 (iii) the appointment or the occasion
for the person to act had ceased.
97MTA Meetings to be open to the public
(1) Unless subsection (2) applies, any meeting of
a DAC must be open to members of the
15 public.
(2) A DAC may close a meeting to the public if
the meeting is discussing confidential
information or legal advice or any other
matter that the DAC considers would
20 prejudice the DAC or another person.
(3) If a DAC decides to close a meeting to
members of the public, the reason must be
recorded in the minutes of the meeting.
(4) A DAC must give public notice of a meeting
25 of the DAC if practicable.
97MU Additional procedures
(1) In addition to the procedures set out in this
Division, a DAC must act in accordance with
any procedures determined by the Minister
30 and published in the Government Gazette
from time to time.
(2) Subject to this Division, a DAC may regulate
its own procedures.
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97MV Application of section 144
Section 144 applies in respect of a meeting
to decide a DAC application as if a reference
to the responsible authority were a reference
5 to the DAC.
Division 5--Probity requirements for DAC
members
Subdivision 1--General
97MW Definition
10 In this Division (except in Subdivisions 5
and 6), a member of a DAC includes an
alternate member of that DAC when acting
for a member of the DAC.
Subdivision 2--Conduct principles
15 97MX Conduct principles for DAC members
In performing the role of a member of a
DAC, a member must--
(a) act with integrity; and
(b) impartially decide DAC applications in
20 accordance with this Act and the
relevant planning scheme; and
(c) not improperly seek to confer an
advantage or disadvantage on any
person; and
25 (d) avoid conflicts between his or her
public duties as a member of the DAC
and his or her personal interests and
obligations; and
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(e) act honestly and avoid statements
(whether oral or in writing) or actions
that will or are likely to mislead or
deceive a person; and
5 (f) treat all persons with respect and have
due regard to the opinions, beliefs,
rights and responsibilities of other
members of the DAC, employees of a
responsible authority providing services
10 to the DAC and other persons; and
(g) endeavour to ensure that public
resources are used prudently and solely
in the public interest; and
(h) act lawfully; and
15 (i) support and promote these principles by
leadership and example and act in a
way that secures and preserves public
confidence in the DAC.
Subdivision 3--Misuse of position
20 97MY Definition
In this Subdivision, confidential
information means information provided to
a member of a DAC--
(a) which was identified as being provided
25 in confidence by the responsible
authority or person who provided the
information; or
(b) which the DAC has identified as being
confidential.
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97MZ Misuse of position
(1) A person who is, or has been, a member of a
DAC must not misuse his or her position or
former position--
5 (a) to gain or attempt to gain, directly or
indirectly, an advantage for themselves
or for any other person; or
(b) to cause, or attempt to cause, detriment
to the DAC or to a responsible
10 authority.
Penalty: 100 penalty units.
(2) For the purposes of this section,
circumstances involving the misuse of a
position or former position by a person who
15 is, or has been, a member of a DAC
include--
(a) making improper use of information
acquired as a result of being a member
of the DAC; or
20 (b) disclosing information that is
confidential information; or
(c) seeking to improperly influence a
person who has a duty or is engaged to
provide advice, a report or other
25 services, including administrative
services, to the DAC; or
(d) attempting to exercise a power or
function that he or she is not authorised
to exercise; or
30 (e) using public funds improperly or in an
unauthorised manner.
561443B.I-14/9/2009 21 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
(3) This section--
(a) has effect in addition to, and not in
derogation from, any Act or law
relating to the criminal or civil liability
5 of a member of a DAC; and
(b) does not prevent the institution of any
criminal or civil proceedings in respect
of that liability.
Subdivision 4--Conflict of interests
10 97MZA Disclosure of conflicts of interest by DAC
members
(1) If a member of a DAC has a conflict of
interest within the meaning of section
97MZC relating to DAC application, the
15 member must without delay advise the
Secretary of that conflict and take no part in
deciding on the application.
(2) A member of a DAC who, without
reasonable excuse, fails to comply with this
20 section is guilty of an offence and liable to a
penalty of not more than 100 penalty units.
97MZB Persons to disclose interests when
providing advice or report
(1) This section applies to members of staff of a
25 responsible authority and other persons who
have a duty or are engaged to provide advice
or a report to a DAC.
(2) A person, who is providing advice or a report
to a meeting of a DAC or otherwise to a
30 DAC and who has a direct interest or an
indirect interest (within the meaning of this
Subdivision) in a matter to which the advice
or report relates, must not, without
reasonable excuse, fail to disclose the type of
561443B.I-14/9/2009 22 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
interest when providing the advice or report
to the DAC.
Penalty: 50 penalty units.
(3) A disclosure made by a person under
5 subsection (2) must be recorded in the
minutes of any relevant meeting of the DAC.
(4) A person who has made a disclosure under
subsection (2) must disclose the nature of the
interest if required to make that disclosure by
10 the DAC.
97MZC Conflict of interest
(1) In this Subdivision, a person has a conflict of
interest in respect of a matter if the person
has a direct interest or indirect interest in the
15 matter.
(2) A person has a direct interest in a matter if
the person has an interest of a kind described
in section 97MZD.
(3) A person has an indirect interest in a matter
20 if the person has--
(a) a close association as specified in
section 97MZE; or
(b) an indirect financial interest as
specified in section 97MZF; or
25 (c) a conflicting duty as specified in
section 97MZG; or
(d) received an applicable gift as specified
in section 97MZH; or
(e) become an interested party as specified
30 in section 97MZI.
(4) A person does not have a conflict of interest
in a matter if the direct interest or indirect
interest of the person is so remote or
561443B.I-14/9/2009 23 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
insignificant that the direct interest or
indirect interest could not reasonably be
regarded as capable of influencing any
actions or decisions of the person in relation
5 to the matter.
97MZD Direct interest
(1) A person has a direct interest in a matter if
there is a reasonable likelihood that the
benefits, obligations, opportunities or
10 circumstances of the person would be
directly altered if the matter is decided in a
particular way.
(2) Without limiting subsection (1), a person has
a direct interest in a matter if--
15 (a) there is a reasonable likelihood that the
person will receive a direct benefit or
loss that can be measured in financial
terms if the matter is decided in a
particular way; or
20 (b) there is a reasonable likelihood that the
residential amenity of the person will
be directly affected if the matter is
decided in a particular way.
97MZE Indirect interest by close association
25 (1) In this section--
daughter of a person means a biological
daughter, stepdaughter, adopted
daughter, or female child for whom the
person has custodial responsibilities;
30 direct relative of a person means the spouse,
domestic partner, son, daughter,
mother, father, brother or sister of the
person;
561443B.I-14/9/2009 24 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the
5 person is not married but with
whom the person is in a
relationship as a couple where one
or each of them provides personal
or financial commitment and
10 support of a domestic nature for
the material benefit of the other,
irrespective of their genders and
whether or not they are living
under the same roof, but does not
15 include a person who provides
domestic support and personal
care to the person--
(i) for fee or reward; or
(ii) on behalf of another person
20 or an organisation (including
a government or government
agency, a body corporate or
a charitable or benevolent
organisation);
25 family member of a person means--
(a) a spouse or domestic partner of
the person; or
(b) a son, daughter, mother, father,
brother or sister that regularly
30 resides with the person;
relative of a person means--
(a) a direct relative of the person;
(b) a direct relative of a person who is
the direct relative of the person;
561443B.I-14/9/2009 25 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
son of a person means a biological son,
stepson, adopted son or male child for
whom the person has custodial
responsibilities.
5 (2) A person has an indirect interest by close
association in a matter if--
(a) a family member of the person has a
direct interest or an indirect interest in a
matter; or
10 (b) a relative of the person has a direct
interest in a matter; or
(c) a member of the person's household has
a direct interest in a matter.
(3) For the purposes of the definition of
15 domestic partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act
2008; and
(b) in determining whether persons who
20 are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
to be taken into account, including any
one or more of the matters referred to in
25 section 35(2) of the Relationships Act
2008 as may be relevant in a particular
case; and
(c) a person is not a domestic partner of
another person only because they are
30 co-tenants.
561443B.I-14/9/2009 26 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
97MZF Indirect interest that is an indirect
financial interest
(1) A person has an indirect financial interest in
a matter if the person is likely to receive a
5 benefit or incur a loss, measurable in
monetary terms, as a consequence of a
benefit received or loss incurred by another
person who has a direct or indirect interest in
the matter.
10 (2) Without limiting subsection (1), a person has
an indirect financial interest that is a conflict
of interest if--
(a) the person has a beneficial interest in
shares of a company or other body that
15 has a direct interest in the matter,
except in the circumstances specified in
subsection (3);
(b) the person is owed money from another
person and that other person has a
20 direct interest in the matter.
(3) If a person, and family members of the
person, hold shares in a company or body
that has a direct or indirect interest in a
matter with a combined total value that does
25 not exceed $10 000 and the total value of
issued shares of the company or body
exceeds $10 million, the person's indirect
financial interest is not a conflict of interest.
(4) Subsection (2)(b) does not apply if the other
30 person is an authorised deposit-taking
institution.
(5) For the purposes of determining the value of
shares under this section, the share value is
to be taken from--
35 (a) the close of business on the most recent
of 30 June or 31 December; or
561443B.I-14/9/2009 27 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
(b) if the person has submitted an ordinary
return to the Secretary (within the
meaning of Subdivision 5) since the
most recent of 30 June or 31 December,
5 the close of business on the date the
return was submitted.
97MZG Indirect interest because of conflicting
duties
(1) A person has an indirect interest in a matter
10 because of a conflicting duty if the person--
(a) is a manager or a member of a
governing body of a company or body
that has a direct interest in a matter;
(b) is a partner, consultant, contractor,
15 agent or employee of a person,
company or body that has a direct
interest in a matter;
(c) is a trustee for a person who has a
direct interest in a matter.
20 (2) A person has an indirect interest in a matter
because of a conflicting duty if the person
held a position or role specified in subsection
(1) and, in that position or role, dealt with the
matter.
25 (3) A person does not have an indirect interest
because of a conflicting duty--
(a) by virtue of the fact that the person is
an employee in the service of the
Crown or of a body established by or
30 under any Act for a public purpose, if
the person has no current or expected
responsibilities as that employee in
relation to a matter; or
561443B.I-14/9/2009 28 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
(b) by virtue of the fact that the person
holds a position in a not-for-profit
organisation for which the person
receives no remuneration and the
5 person was appointed or nominated to
that position by a municipal council; or
(c) by virtue of the fact that the person is
the Mayor or Chief Executive Officer
of a municipal council or a councillor
10 or member of staff of that council;
(d) if the person holds a position that has
been declared for the purposes of this
section by the Minister in an order
published in the Government Gazette.
15 97MZH Indirect interest because of receipt of an
applicable gift
(1) In this section, applicable gift means one or
more gifts with a total value of $200 or
more, received from a person or persons
20 specified in subsection (2), in the 5 years
preceding the decision or the exercise of the
power, duty or function relating to the
matter.
(2) A person has an indirect interest in a matter
25 if the person has received an applicable gift,
directly or indirectly, from--
(a) a person who has a direct interest in the
matter; or
(b) a director, contractor, consultant, agent
30 or employee of a person, company or
body that the person knows has a direct
interest in a matter; or
(c) a person who gives the applicable gift
to the person on behalf of a person,
35 company or body that has a direct
interest in the matter.
561443B.I-14/9/2009 29 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
97MZI Indirect interest as a consequence of
becoming an interested party
A person has an indirect interest in a matter
if the person has become an interested party
5 in the matter by initiating civil proceedings
or a proceeding in the Tribunal in relation to
the matter or becoming a party to civil
proceedings or a proceeding in the Tribunal
in relation to the matter.
10 Subdivision 5--Returns of interests of DAC
members
97MZJ Application of Subdivision
This Subdivision does not apply to any
member or alternate member of a DAC who
15 is required to submit returns under section 81
of the Local Government Act 1989.
97MZK Definition
In this Subdivision return period, in relation
to the ordinary return of a member or an
20 alternate member of a DAC, means--
(a) if the last return of the member was a
primary return, the period between the
date of the primary return and the date
the ordinary return is submitted; or
25 (b) if the last return of the member was an
ordinary return, the period between the
date of that return and the date the
current ordinary return is submitted.
97MZL DAC members to submit primary returns
30 (1) Each member and alternate member of a
DAC must submit a primary return in
accordance with subsection (2) to the
Secretary within 30 days after his or her
appointment, unless that member is
561443B.I-14/9/2009 30 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
reappointed after completion of his or her
term of office.
(2) A member or an alternate member of a DAC
must disclose the following information in
5 the primary return as at the date of the
primary return--
(a) the name of any company or other body
in which he or she holds any office
whether as a director or otherwise;
10 (b) the name or description of any
company or body in which he or she
holds a beneficial interest unless the
total value of the interest does not
exceed $10 000 and the total value of
15 issued shares of the company or body
exceeds $10 million;
(c) the address or description of any land in
an area of Victoria for which the DAC
is established, or of any adjoining land,
20 in which he or she has any beneficial
interest other than by way of security
for any debt;
(d) a concise description of any trust in
which he or she holds a beneficial
25 interest or of which he or she is a
trustee and a member of his or her
family holds a beneficial interest;
(e) any other substantial interest whether of
a pecuniary nature or not of him or her
30 or of a member of his or her family of
which he or she is aware and which he
or she considers might appear to raise a
material conflict between his or her
private interest and his or her public
35 duty as a member or alternate member
of a DAC.
561443B.I-14/9/2009 31 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
97MZM DAC members to submit ordinary returns
(1) Each member and alternate member of a
DAC must submit an ordinary return in
accordance with subsection (2) to the
5 Secretary within 30 days after the
anniversary of his or her appointment each
year.
(2) A member or an alternate member of a DAC
must disclose in an ordinary return the
10 following information in relation to the
return period--
(a) if he or she has held an office whether
as director or otherwise in any company
or body, corporate or unincorporate--
15 the name of the company or body;
(b) the name or description of any
company or body in which he or she
holds or has held a beneficial interest
unless the total value of the interest
20 does or did not exceed $10 000 and the
total value of issued shares of the
company or body exceeds $10 million;
(c) the address or description of any land in
any area of Victoria for which the DAC
25 is established, or of any adjoining land,
in which he or she has any beneficial
interest other than by way of security
for any debt;
(d) a concise description of any trust in
30 which he or she held a beneficial
interest or of which he or she is a
trustee and a member of his or her
family held a beneficial interest;
561443B.I-14/9/2009 32 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
(e) particulars of any gift of or above the
amount or value of $200 received by
him or her, either directly or indirectly,
from a person other than a relative
5 (within the meaning of section 97MZE)
of him or her;
(f) any other substantial interest, whether
of a pecuniary nature or not, of him or
her or of a member of his or her family
10 of which he or she is aware and which
he or she considers might appear to
raise a material conflict between his or
her private interest and his or her public
duty as a member or alternate member
15 of a DAC.
Subdivision 6--Register of interests of DAC
members
97MZN Secretary to maintain register
The Secretary must maintain a register of the
20 interests of each member and alternate
member of a DAC consisting of the last
3 returns that those members were required
to submit under Subdivision 5.
97MZO Inspection of register
25 (1) The Secretary must allow a person to inspect
the register if that person has previously
made written application to the Secretary to
do so and the application meets the
requirements of the regulations (if any).
30 (2) The register may be inspected at the offices
of the Department during normal office
hours.
561443B.I-14/9/2009 33 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
(3) The Secretary must take all reasonable steps
to ensure that no person, other than a person
who has made an application in accordance
with this section, has access to or is
5 permitted to inspect the register or any
return.
(4) The Secretary must maintain a record of the
names of persons who have inspected the
register of interests under subsection (2).
10 97MZP Member may inspect records
A member or an alternate member of a DAC
whose interests are recorded in the register
may inspect the record kept under section
97MZO(4) of names of persons who have
15 inspected his or her personal records.
97MZQ Persons not to publish information from
register
A person must not publish any information
derived from the register unless that
20 information is a fair and accurate summary
or copy of the information derived from the
register.
Penalty: 20 penalty units.
97MZR Department employees must not divulge
25 or use information
A person employed by the Department must
not, whether before or after he or she ceases
to be so employed--
(a) make a record of, divulge or
30 communicate to any person any
information in relation to a matter dealt
with under Subdivision 5 or this
Subdivision that is gained by or
conveyed to him or her during his or
561443B.I-14/9/2009 34 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 2--Amendments to the Planning and Environment Act 1987
s. 5
her employment with the Department;
or
(b) make use of that information--
for any purpose other than the discharge of
5 his or her official duties under Subdivision 5
or this Subdivision.
Penalty: 50 penalty units.
97MZS Removal of returns from register
As soon as practicable after a person ceases
10 to be a member or an alternate member of a
DAC, the Secretary must remove all the
returns submitted by that person from the
register.
97MZT Retention of returns of ceased members
15 The Secretary must--
(a) retain the returns of a member or an
alternate member of a DAC for a period
of 3 years after the person has ceased to
be such a member; and
20 (b) at the end of that period, cause the
returns to be destroyed.
__________________".
__________________
561443B.I-14/9/2009 35 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 3--Amendments to Other Acts
s. 6
PART 3--AMENDMENTS TO OTHER ACTS
See: 6 Amendment to Docklands Act 1991
Act No.
22/1991.
Reprint No. 4
In section 9 of the Docklands Act 1991 omit "and
as at to complete its involvement in that development
1 March 2005
5 and
by 31 December 2005".
amending
Act Nos
108/2004,
95/2005,
69/2006,
74/2006 and
80/2006.
LawToday:
www.
legislation.
vic.gov.au
See: 7 Amendment to the Heritage Act 1995
Act No.
93/1995.
Reprint No. 4
In section 185(k) of the Heritage Act 1995, for
as at "4 penalty units" substitute "10 penalty units".
1 January
2006
and
amending
Act Nos
32/2006,
80/2006 and
48/2008.
LawToday:
www.
legislation.
vic.gov.au
561443B.I-14/9/2009 36 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 3--Amendments to Other Acts
s. 8
8 Amendment to the Local Government Act 1989 See:
Act No.
After section 78B(3)(c) of the Local Government 11/1989.
Act 1989 insert-- Reprint No. 9
as at
1 April 2007
"(ca) the person is only a member of a and
5 development assessment committee amending
Act Nos
established under Part 4AA of the Planning 26/2007,
and Environment Act 1987;". 2/2008,
12/2008,
35/2008 and
67/20008.
LawToday:
www.
legislation.
vic.gov.au
9 Amendments to the Melbourne Convention and See:
Act No.
Exhibition Trust Act 1996 71/1996
and
10 (1) In sections 5(a) and 5(b) of the Melbourne amending
Act Nos
Convention and Exhibition Trust Act 1996, for 46/1998,
"the City of Melbourne and the City of Port 108/2004 and
80/2006.
Phillip" substitute "Victoria, including the use of LawToday:
those facilities and services for entertainment www.
legislation.
15 purposes". vic.gov.au
(2) In section 5(d) of the Melbourne Convention
and Exhibition Trust Act 1996, for "Council of
the Museum of Victoria" substitute "Museums
Board of Victoria".
__________________
561443B.I-14/9/2009 37 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Part 4--Repeal of Amending Act
s. 10
PART 4--REPEAL OF AMENDING ACT
10 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
5 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561443B.I-14/9/2009 38 BILL LA INTRODUCTION 14/9/2009
Planning Legislation Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561443B.I-14/9/2009 39 BILL LA INTRODUCTION 14/9/2009
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