Victorian Consolidated Legislation

City of Greater Geelong Act 1993 - SECT 23

Transitional provision-planning matters

23. Transitional provision-planning matters



(1) On the appointed day, the Geelong Regional Planning Scheme has effect as
if it were 4 separate planning schemes applying the relevant part of the
regional section of the Scheme to each of-

   (a)  the municipal district of the Greater Geelong City Council;

   (b)  the municipal district of the Shire of Bannockburn;

   (c)  the municipal district of the Borough of Queenscliffe;

   (d)  the municipal district of the Barrabool Shire Council.

(2) Until a day to be specified by Order in Council for the purposes of this
section, each of the Greater Geelong City Council, the Shire of Bannockburn,
the Borough of Queenscliffe and the Barrabool Shire Council is a planning
authority under the Planning and Environment Act 1987 in relation to the
regional section of the planning scheme applying in its municipal district
under subsection (1).

(3) The Greater Geelong City Council is the responsible authority for the
purposes of the Planning and Environment Act 1987 in relation to the planning
scheme applying in its municipal district under subsection (1).

(4) For the purposes of the administration, amendment or enforcement of each
of the planning schemes created by this section-

   (a)  anything of a continuing nature (including a contract, agreement or
        proceeding) done or commenced by or in relation to the Geelong
        Regional Commission under the Geelong Regional Planning Scheme in
        relation to land within the municipal district of the Greater Geelong
        City Council, the Shire of Bannockburn, the Borough of Queenscliffe or
        the Barrabool Shire Council may be done, enforced or completed by or
        in relation to the Greater Geelong City Council, the Shire of
        Bannockburn, the Borough of Queenscliffe or the Barrabool Shire
        Council as the case may be;

   (b)  anything done by or in relation to the Geelong Regional Commission
        that concerns a matter of a continuing nature in relation to the
        planning scheme applying to land in the municipal district of the
        Greater Geelong City Council, the Shire of Bannockburn, the Borough of
        Queenscliffe or the Barrabool Shire Council has effect as if done by
        or in relation to the relevant Council;

   (c)  the Geelong Regional Commission must give to the Greater Geelong City
        Council, the Shire of Bannockburn, the Borough of Queenscliffe or the
        Barrabool Shire Council any document that it holds that is relevant to
        anything done by it as a planning or referral authority in relation to
        the Geelong Regional Planning Scheme so far as it applies to land in
        the municipal district of the relevant Council.

(5) In addition to any other powers to prepare and approve amendments to a
planning scheme, the Minister administering the
Planning and Environment Act 1987 may prepare and approve amendments to the 4
planning schemes created by this section for the purpose of-

   (a)  including provisions incorporating the regional section of the
        planning scheme into the local section;

   (b)  any consequential matter relating to the restructuring of municipal
        boundaries under this Act.

(6) The Planning and Environment Act 1987, except sections 12(1)(d) and (e),
12(2), 12(3), Divisions 1 and 2 of Part 3 and sections 39(1), 39(2), 39(3),
39(4), 39(5) and 39(6), applies to the preparation and approval of amendments
under subsection (5).