Victorian Consolidated Legislation

Heritage Act 1995 - SECT 48

Amendment of planning schemes

48. Amendment of planning schemes



(1) The Minister administering the Planning and Environment Act 1987 must
prepare and approve an amendment to any planning scheme applying to a place
which is included in the Heritage Register to identify the inclusion of that
place in the Heritage Register.

(2) An amendment under subsection (1) must be prepared-

   (a)  as soon as practicable after notice is given under this Act of the
        inclusion of a place in the Heritage Register; or

   (b)  in the case of any building or land on the Register of Historic
        Buildings under the Historic Buildings Act 1981 immediately before the
        commencement of this section, as soon as practicable after that
        commencement.

(3) An amendment under subsection (1) may also make any consequential
amendments to the planning scheme that are necessary to remove or modify any
provisions which are inconsistent with or duplicate the provisions of this
Act.

(4) The Planning and Environment Act 1987 (except sections 12(1)(a) 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) and any regulations made for the purpose of those
provisions) applies to the preparation and approval of amendments under
subsection (1).