Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SECT 25

Powers to amend planning scheme

25. Powers to amend planning scheme



(1) In addition to any other power to prepare, adopt or approve amendments to
planning schemes, the Minister administering the
Planning and Environment Act 1987 may prepare, adopt and approve amendments to
any planning scheme to-

   (a)  set out policies relating to extractive industries; or

   (b)  enable the carrying out of an extractive industry on land with a
        planning permit; or

   (c)  specify the Minister or any other person or body as a referral
        authority for any application for a planning permit to carry out an
        extractive industry.

(2) The Planning and Environment Act 1987 (except section 12(2), Divisions 1
and 2 of Part 3 and section 39(1) to (6) and any regulations made for the
purposes of those provisions) applies to the preparation, adoption and
approval of an amendment under subsection (1).

(3) Section 39(7) of the Planning and Environment Act 1987 applies to an
amendment prepared, adopted or approved under subsection (1) as if before
"Division 1" there were inserted "section 12(1) or".

(4) Section 39(8) of the Planning and Environment Act 1987 applies to an
amendment prepared, adopted or approved under subsection (1) as if-

   (a)  the expression "Except for an application under this section," were
        deleted; and

(b) before "Division 1" there was inserted "section 12(1) or".

(5) Nothing in this section prevents either House of Parliament exercising its
power under section 38 of the Planning and Environment Act 1987.

Division 5-Mineral resources