PLANNING AND ENVIRONMENT ACT 1987

Victorian Consolidated Legislation

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PLANNING AND ENVIRONMENT ACT 1987

No. 45 of 1987
Version incorporating amendments as at 15 December 2011

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
3A. Transport Integration Act 2010.
4. Objectives

PART 1A-VICTORIA PLANNING PROVISIONS

4A. Victoria Planning Provisions
4B. Amendment of Victoria Planning Provisions
4C. Approval of amendment
4D. Notice of approval
4E. Commencement
4F. Application of planning scheme provisions to amendments
to VPPs
4G. Lodging of Victoria Planning Provisions and approved amendments
4H. Who must keep a copy of an approved amendment available
for inspection?
4I. Who must keep up to date copy of Victoria Planning
Provisions?
4J. Amendment of planning schemes by Victoria Planning Provisions

PART 2-PLANNING SCHEMES

5. What are the planning schemes to which this Act applies?
6. What can a planning scheme provide for?
6A. Easements, restrictions etc.
7. Structure of planning schemes
8. Minister is planning authority
8A. Municipal councils are planning authorities
9. Authorised Ministers and authorities are planning authorities
10. Restrictions and powers relating to the preparation of amendments
11. Minister may authorise planning authority to approve
amendment
12. What are the duties and powers of planning authorities?
12A. Municipal strategic statements
12B. Review of planning schemes
13. Responsible authority
14. What are the duties of a responsible authority?
15. Changes in boundaries
16. Application of planning scheme

PART 3-AMENDMENT OF PLANNING SCHEMES

Division 1-Exhibition and notice of amendment

17. Copies of amendment to be given to certain persons
18. Availability of amendment
19. What notice of an amendment must a planning authority give?
20. Exemption from giving notice

Division 2-Public submissions about an amendment

21. Who may make a submission?,
21A. Joint submissions
22. Planning authority to consider submissions
23. Decisions about submissions,
24. Hearing by panel
25. Report by panel
25A. Recommendation by panel to Minister
26. Reports to be made public
27. Planning authority to consider panel's report
28. Abandonment of amendment

Division 3-Adoption and approval of amendment

29. Adoption of amendment
30. When does an amendment lapse?
31. Planning authority to submit amendment to Minister
32. More notice
33. Notice of changes
34. Submissions
35. Approval of amendment by Minister
35A. Approving planning authority to first seek certification of Secretary
35B. Approval of amendment by planning authority
36. Notice of approval
37. Commencement of amendment
38. Parliament may revoke an amendment
39. Defects in procedure

Division 4-Availability of approved amendments and schemes

40. Lodging of approved amendment
41. Who must keep a copy of an approved amendment for inspection?
42. Who must keep an up to date copy of a planning scheme?

Division 5-Special provisions

43. Roads on Crown land
44. Roads on land other than Crown land
45. Effect on easements for public utilities
46. Planning schemes may apply to reserved land

PART 3AA-METROPOLITAN GREEN WEDGE
PROTECTION

Division 1-Introductory

46AA. What is a metropolitan fringe planning scheme?
46AB. Repealed
46AC. What is green wedge land?

Division 2-Repealed

46AD, 46AE Repealed

Division 3-Ratification by Parliament for amendments to
planning schemes

46AF. To which amendments does this Division apply?
46AG. Ratification by Parliament required for amendments to
which this Division applies
46AH. Procedure for ratification
46AI. Notice of ratification
46AJ. When does a ratified amendment commence?
46AK. When does an amendment lapse?
46AL. Application of sections 40, 41 and 42.
46AM. Application of Division 5 of Part 4.

PART 3AAB-GROWTH AREAS AUTHORITY

Division 1-Introduction

46AN. Definitions
46AO. What is a growth area?
46AP. What is a growth area council?

Division 2-Growth Areas Authority

46AQ. Growth Areas Authority
46AR. Objectives
46AS. Functions
46AT. Powers
46AU. Minister may give directions to the Growth Areas Authority
46AV. Members
46AW. Chairperson and Deputy Chairperson
46AX. Conditions of appointment of members
46AY. Meetings
46AZ. Validity of decisions
46AZA. Disclosure of interests
46AZB. Chief Executive Officer
46AZC. Staff
46AZD. Power of delegation

Division 3-Business plan

46AZE. Annual business plan

Division 4-General

46AZF. Confidential information

PART 3A-UPPER YARRA VALLEY AND DANDENONG RANGES-REGIONAL STRATEGY PLAN

46A. Definitions
46B. Saving of approved regional strategy plan and amending
plans
46C. Amendment of strategy plan
46D. Approval of Parliament needed after appointed day
46E. Availability of amendment
46F. Planning schemes to comply with approved regional strategy plan
46G. Works to be in conformity with approved regional strategy plan

PART 3B-DEVELOPMENT CONTRIBUTIONS

46H. Definitions
46I. Development contributions plan
46IA. Plans not to apply to certain growth area land for provision
of State infrastructure
46J. What can a plan provide for?
46K. Contents of plan
46L. Community infrastructure levy not to exceed maximum
46M. Directions
46N. Collection of development infrastructure levy
46O. Collection of community infrastructure levy
46P. Provisions applying to collection of levies
46Q. Responsibilities of municipal councils
46QA. Responsibilities of collecting agencies
46QB. Responsibilities of development agencies
46QC. Recovery of levy as debt

PART 3C-MELBOURNE AIRPORT ENVIRONS STRATEGY PLAN

46R. Definitions
46S. Melbourne Airport Environs Area
46T. Preparation of strategy plan
46U. Approval of Parliament needed
46V. Availability of amendment
46W. Amendment of approved strategy plan
46X. Planning schemes to comply with approved strategy plan
46Y. Works to be in conformity with approved strategy plan

PART 3D-WILLIAMSTOWN SHIPYARD SITE STRATEGY PLAN

46Z. Purpose of Part
46ZA. Definitions
46ZB. Williamstown Shipyard Site
46ZC. Preparation of Williamstown Shipyard Site Strategy Plan
46ZD. Procedure for making of Williamstown Shipyard Site
Strategy Plan
46ZE. Approval of Parliament needed
46ZF. Availability of approved strategy plan
46ZG. Amendments to approved strategy plan
46ZH. Amendment of planning schemes

PART 4-PERMITS

Division 1-Permits required by planning schemes

47. Applications for permits
48. What if the applicant is not the owner?
49. Register of applications
50. Amendment to application at request of applicant before
notice
50A. Amendment of application by responsible authority before
notice
51. Applications to be made available to the public
52. Notice of application
53. What are the duties of applicants?
54. More information
54A. Applicant may apply for extension of time to provide more information
54B. When does an application lapse?
55. Application to go to referral authorities
55A. Repealed
56. Action by referral authority on application
57. Objections to applications for permits
57A. Amendments to application after notice of application is given
57B. Notice of amended application
57C. Amended application may go to referral authorities
58. Responsible authority to consider all applications
59. Time for decision
60. What matters must a responsible authority consider?
61. Decision on application
62. What conditions can be put on permits?
63. Grant of permit if no objectors
64. Grant of permit if there are objectors
65. Refusal of permit
66. Notice to referral authority
67. When does a permit begin?
68. When does a permit expire?
69. Extension of time
70. Availability of permit
71. Correction of mistakes

Division 1A-Amendment of permits by responsible authority

72. Application for amendment of permit
73. What is the procedure for the application?
74. Issue of amended permit if no objectors
75. Decision to amend permit if there are objectors
76. Refusal of amendment
76A. Notice to referral authority
76B. When does an amendment to a permit begin?
76C. Review of decision on amendment
76D. Powers of Minister in relation to application

Division 2-Reviews by Tribunal

77. Appeals against refusal
78. Appeals against requirements
79. Appeals against failure to grant permit
80. Appeals against conditions on permits
81. Appeals relating to extensions of time
82. Appeals where objectors
82A. Repealed
82AA. Appeals relating to coastal Crown land
82B. Affected person may seek leave to apply for review
83. Parties to review
83A. Objectors entitled to notice
83B. Notice if permit application was made without notice
84. An application may be determined after an appeal has been lodged
84A. Parties not restricted to grounds previously notified
84B. Matters for Tribunal to take into account
85. Determination of appeal
86. Issue of permit

Division 3-Cancellation and amendment of permits by Tribunal

87. What are the grounds for cancellation or amendment of
permits?
87A. Cancellation or amendment of permit issued at direction
of Tribunal
88. What are the limits on the power to cancel or amend a
permit?
89. Request for cancellation or amendment
90. Hearing by Tribunal
90A. Matters which Tribunal must take into account
91. Determination by Tribunal
92. Notice of the cancellation or amendment
93. Order to stop development
94. Right to compensation

Division 4-Provisions relating to Ministers, government departments and responsible authorities

95. Permits required by Ministers or government departments
96. Land owned or permit required by responsible authorities

Division 5-Combined permit and amendment process

96A. Application for permit when amendment requested
96B. Application of provisions
96C. Notice of amendment, application and permit
96D. Hearing by panel
96E. Report by panel on proposed permit
96F. Planning authority to consider panel's report
96G. Determination by planning authority
96H. Recommendation by planning authority
96I. Minister may grant permit on approval of amendment
96J. Issue of permit
96K. Notice of refusal
96L. Cancellation of permit
96M. Application of provisions
96N. Who is to be the responsible authority?
97. Repealed

Division 6-Powers of Minister in relation to applications

97A. Definition
97B. Call in power
97C. Request by responsible authority
97D. Referral of applications to Minister
97E. Panel
97F. Decision of Minister
97G. Notice of availability
97H. Effect of issue of permit
97I. Application for amendment of permit
97J. Decision on amendment
97K. Notice of decision
97L. Register
97M. Provisions of Act not to apply

PART 4AA-DEVELOPMENT ASSESSMENT COMMITTEES

Division 1-General

97MA. Definitions

Division 2-Establishment and functions of DACs

97MB. Governor in Council may establish development
assessment committees
97MC. Variation or revocation of order establishing DAC
97MCA. Referral to Advisory Committee
97MD. Functions of a DAC
97ME. Applications to be considered by a DAC
97MF. Powers of a DAC
97MG. Responsible authority to provide documents and
information to DAC
97MH. Responsible authority to provide assistance to DAC
97MJ. Decision of DAC taken to be decision of responsible
authority

Division 3-Membership of DAC

97MK. Members
97ML. Alternate members
97MM. Removal, suspension or resignation of members
97MN. Vacancies
97MO. Minister to publish details of members
97MP. Conditions of membership
97MQ. Payment of members

Division 4-Procedure of DAC

97MR. General procedures
97MS. Procedures at meetings of a DAC
97MT. Validity of decisions
97MTA. Meetings to be open to the public
97MU. Additional procedures
97MV. Application of section 144.

Division 5-Probity requirements for DAC members
Subdivision 1-General

97MW. Definition
Subdivision 2-Conduct principles
97MX. Conduct principles for DAC members
Subdivision 3-Misuse of position
97MY. Definition
97MZ. Misuse of position
Subdivision 4-Conflict of interests
97MZA. Disclosure of conflicts of interest by DAC members
97MZB. Persons to disclose interests when providing advice or
report
97MZC. Conflict of interest
97MZD. Direct interest
97MZE. Indirect interest by close association
97MZF. Indirect interest that is an indirect financial interest
97MZG. Indirect interest because of conflicting duties
97MZH. Indirect interest because of receipt of an applicable gift
97MZI. Indirect interest as a consequence of becoming an
interested party
Subdivision 5-Returns of interests of DAC members
97MZJ. Application of Subdivision
97MZK. Definition
97MZL. DAC members to submit primary returns
97MZM. DAC members to submit ordinary returns
Subdivision 6-Register of interests of DAC members
97MZN. Secretary to maintain register
97MZO. Inspection of register
97MZP. Member may inspect records
97MZQ. Persons not to publish information from register
97MZR. Department employees must not divulge or use information
97MZS. Removal of returns from register
97MZT. Retention of returns of ceased members

PART 4A-CERTIFICATES OF COMPLIANCE

97N. Application for certificate
97O. Certificate of compliance
97P. Appeal against failure or refusal to issue certificate
97Q. Cancellation or amendment of certificate
97R. Register

PART 5-COMPENSATION

98AA. Definitions
98. Right to compensation
99. When does the right to compensation arise?
100. Increased compensation for effect on residence
101. Claim for expenses
102. What if compensation has been previously paid?
103. Small claims
104. Maximum amount of compensation payable
104A. Actual zoning of land may be considered in determining compensation
105. Land Acquisition and Compensation Act 1986 to apply
106. Loss on sale
107. Compensation for removal or lapsing of reservation
108. Persons who are not eligible to claim compensation
109. When is compensation payable by other authorities?
110. Compensation paid to be noted on title
111. Recovery of compensation previously paid
112. Reimbursement of compensation paid
113. Declaration of proposed reservation

PART 6-ENFORCEMENT AND LEGAL PROCEEDINGS

Division 1-Enforcement orders

114. Application for enforcement order
115. Notice of application
116. Determination of Tribunal where no objections
117. Determination of Tribunal where objections are received
118. Repealed
119. What can an enforcement order provide for?
120. Interim enforcement orders
121. Cancellation of enforcement order or interim enforcement order
122. Offences
123. Responsible authority may carry out work
124. Orders to bind future owners and occupiers
125. Injunctions

Division 2-Offences and penalties

126. Offence to contravene scheme, permit or agreement
127. General penalties
128. Offences by corporations
129. Penalties to be paid to prosecuting authority
130. Planning infringements
131, 132. Repealed

Division 3-Powers of entry

133. Powers of entry
134. What must be done before entry?
135. Powers of authorised persons who enter land
136. Police to assist authorised persons
137. Offence to obstruct
138. No legal proceedings against authorised persons

Division 4-Evidence and notices

139. Evidence of ownership
140. Proof of existence and contents of planning scheme
141. Evidence of planning scheme provisions and permits
142. Evidence of agreements under section 173.
143. Constitution and procedure of planning authority or
responsible authority
144. Evidence of minutes
145. Notices and service of orders
146. Copies of schemes and amendments
147. General provisions

Division 5-Applications to Tribunal.

148. Definitions
149. Application for review
149A. Application by specified person for declaration
149B. General application for declaration
150. Tribunal orders in relation to proceedings

PART 7-ADVISORY COMMITTEES

151. Advisory committees
152. Repealed

PART 8-PANELS

Division 1-Appointment of panels

153. Appointment of panels
154. Composition of panels
155. Chairperson
156. Costs and expenses of panel
157. Panels with more than one member
158. Planning authority to provide assistance

Division 2-Hearings

159. Directions about hearings
160. Hearings to be in public
161. General procedure for hearings
162. Who may appear before a panel?
163. Effect of failure to attend hearing
164. Panel may hear two or more submissions together
165. Adjournment of hearings
166. Technical defects
167. Panel may regulate its own proceedings
168. Panel may take into account any relevant matter
169. Offences
170. No legal proceedings against panel members

PART 9-ADMINISTRATION

Division 1-General powers

171. Powers of responsible authority
172. Powers of compulsory acquisition

Division 2-Agreements

173. Responsible authority may enter into agreements
174. Form and contents of agreement
175. Bonds and guarantees
176. When does an agreement begin?
177. When does an agreement end?
178. Amendment of agreements
179. Agreement to be lodged with Minister
180. Agreement may not breach planning scheme
181. Registration of agreement
182. Effect of registration
183. Cancellation or alteration of registration
184. Application to Tribunal

Division 3-Powers of Minister

185. Inquiry powers
185A. Expedition of planning process

Division 4-Delegation

185AA. Interpretation
186. Minister may delegate some powers
187. Secretary may delegate powers to employees
188. Planning authorities and responsible authorities may
delegate powers
189. Minister may delegate to advisory committees and regional planning authorities
190. Minister may delegate administration of planning schemes

Division 5-Hearings

191. Appointment of committee
192. Who may be on the committee?
193. Who may attend the hearing?
194. Functions of committee
195. Effect of hearing
196. Fees and allowances

Division 6-Time

197. Expedition

Division 7-Planning certificates

198. Application for planning certificate
199. Planning certificates
200. Certificate to be proof of certain matters
201. Underlying zoning

Division 8-Change of responsible authority or area

201A. What if the responsible authority changes?
201B. What if area of planning scheme changes?
201C. Changes to schemes arising from changes to municipal boundaries
201CA. Change in boundary of Port of Melbourne Area

Division 9-Supreme Court-limitation of jurisdiction

201D. Supreme Court-limitation of jurisdiction

PART 9A-PROJECTS OF STATE OR REGIONAL SIGNIFICANCE

201E. Definitions
201F. Declaration of project
201G. Delegation
201H. Acquisition by agreement
201I. Powers of compulsory acquisition
201J. Secretary's powers to dispose of land
201K. Recommendation of closure of roads
201L. Order for closure of road
201M. Temporary closure of road
201N. Recommendation for removal of easements and restrictions
201O. Order for removal of easement or restriction
201P. Compensation
201Q. Action by Registrar of Titles and Registrar-General

PART 9B-GROWTH AREAS INFRASTRUCTURE CONTRIBUTION

Division 1-Introductory
Subdivision 1-Definitions

201R. Definitions
Subdivision 2-Other important terms
201RA. GAIC events
201RB. Excluded events
201RC. Contribution area
201RD. What is a sub-sale of dutiable property?
201RE. What is a significant acquisition?
Subdivision 3-Excluded subdivisions and building work
201RF. Excluded subdivisions of land
201RG. Excluded building work
Subdivision 4-General
201RH. Taxation Administration Act 1997.
201RI. Part binds the Crown

Division 2-Imposition of growth areas infrastructure
contribution
Subdivision 1-Liability for GAIC

201S. Imposition of growth areas infrastructure contribution
201SA. Circumstances where GAIC not imposed
201SB. Liability for GAIC taken not to have arisen in certain circumstances
201SC. Liability for GAIC arising when GAIC event occurs
201SD. Liability for GAIC arising after GAIC event occurs
201SE. Time of occurrence of GAIC event
201SF. Persons liable to pay GAIC
Subdivision 2-Amount of GAIC and when payable
201SG. Amount of GAIC
201SH. Minister may fix lower increase in GAIC
201SI. Governor in Council may fix lower GAIC
201SJ. Instrument or statement must be lodged evidencing
dutiable transaction
201SK. Acquisition statement
201SL. When and to whom the GAIC is payable
201SLA. Refund of GAIC if land no longer in contribution area
Subdivision 2A-Work-in-kind agreements
201SLB. Minister may enter into agreements
201SLC. Matters to be included in a work-in-kind agreement
201SLD. Work-in-kind agreement may contain restriction on
land dealings
201SLE. Copy of work-in-kind agreement must be given to Commissioner and Growth Areas Authority
201SLF. Amendment of work-in-kind agreement
201SLG. Ending of work-in-kind agreement
201SLH. Work-in-kind agreements to be recorded by Registrar
of Titles
201SLI. Restrictions on dealings with land
201SLJ. Entering into a work-in-kind agreement does not
discharge GAIC
201SLK. Person must notify the Growth Areas Authority of performance of agreement
201SLL. Growth Areas Authority must determine whether agreement has been performed
201SLM. Performance of work-in-kind agreement taken to be payment of GAIC
201SLN. Person in default if work-in-kind agreement not
performed by due date
Subdivision 3-Deferral of GAIC
201SM. Person may elect to defer payment of GAIC
201SMAA.Liability to pay deferred GAIC in relation to
subsequent dutiable transactions
201SMA. Indexation and interest applying to deferred GAIC
201SN. Method of calculating indexation of deferred GAIC
201SO. Interest payable on deferred GAIC
201SOA. Remission of interest by Commissioner
201SOB. Removal of liability for GAIC if land ceases to be in
contribution area
201SP. Deferred GAIC and interest must be paid to
Commissioner by due date
201SPA. Default on payment of deferred GAIC
201SQ. Deferred GAIC becomes a charge on the land
Subdivision 4-Staged payment of GAIC
201SR. Approval by Minister for staged payment of GAIC
for subdivisions or building works
201SRA. Subsequent owner of land in respect of which
approval granted liable to pay GAIC
201SS. Time for paying GAIC does not apply if approval
for staged payment
201ST. Interest payable on GAIC subject to staged payment
201SU. Minister must give person notice of staged payment
approval
201SV. Staged payment approval payments to be paid to Commissioner
201SW. GAIC subject to staged payment is a charge on land
Subdivision 5-Certificates and notice issued by Commissioner relating to GAIC
201SX. Commissioner to give certain certificates to persons
relating to their GAIC liability
201SY. Certificate of release
201SZ. Certificate of deferral
201SZA. Certificate of staged payment approval
201SZB. Certificate of partial release
201SZC. Certificate of exemption
201SZD. Certificate of no GAIC liability
201SZE. Certificates issued under this Subdivision
201SZF. GAIC certificate
201SZG. Notice to Registrar regarding registration of
subdivision or transfer of land
201SZH. Commissioner may seek assistance for issuing
certificates
201SZI. Certificate not to be taken as an assessment
Subdivision 6-GAIC to be paid into Consolidated Fund
201SZJ. Commissioner to pay GAIC into Consolidated Fund

Division 3-Exemptions and reductions of GAIC liability
Subdivision 1-General

201T. Definition
Subdivision 2-Exemptions other than exemptions granted by Governor in Council or Board
201TA. Exemption from paying GAIC if no consideration
201TB. Exemption from paying GAIC if duties exemption
would apply
201TC. Exemption from paying GAIC for land dealings
involving public authorities and councils
201TD. Exemption for transfer of land by owner to
superannuation fund or to beneficiaries
Subdivision 3-Reductions and exemptions granted by the
Governor in Council or Minister
201TE. Governor in Council may grant reduction or exemption of GAIC in exceptional circumstances
201TF. Reduction of GAIC if agreement to provide State infrastructure or funds
201TG. Notice of determination of application
Subdivision 4-Growth Areas Infrastructure Contribution
Hardship Relief Board
201TH. Person liable to pay GAIC may apply to Board for relief
201TI. Vendor of land subject to GAIC may apply to Board for
relief
201TJ. Relief granted by Board
201TK. Board must give notice of determination
201TL. Determination of Board not to be taken as an assessment
201TM. Establishment and procedure of Board

Division 4-Powers and duties of Growth Areas Authority, Commissioner and Registrar of Titles regarding GAIC

201U. Growth Areas Authority to keep record of contribution
area
201UA. Access to records and information relating to GAIC
201UAA. Growth Areas Authority to inform Commissioner
when precinct structure plan applies to contribution
area land
201UAB. Growth Areas Authority may request council to
provide information about contribution area land
201UB. Growth Areas Authority to notify the Registrar of
land subject to GAIC
201UC. Application to remove recording on land relating to
GAIC
201UD. Registrar to make a recording on land that may be
subject to GAIC
201UE. Registrar to remove recordings on land not subject to
GAIC
201UF. No entitlement to compensation in connection with
Registrar's duties
201UG. Registrar not to accept transfer unless accompanied by
notice or application from Commissioner or Growth
Areas Authority

Division 5-Growth areas funds

201V. Establishment of growth areas funds
201VA. Application of Growth Areas Public Transport Fund
201VB. Application of Building New Communities Fund
201VC. Department and Growth Areas Authority to report on
GAIC and growth area funds

PART 10-REGULATIONS

202. General regulation-making powers
203. Fees regulations

PART 11-REPEALS, TRANSITIONAL AND SAVINGS

204, 205. Repealed
206. Savings generally
207. Schemes and orders
208. Permits
209, 210. Repealed
211. Savings for permits issued in accordance with revoked
scheme or order
212. Savings for appeals determined in accordance with revoked scheme or order
213. Transitional provisions
214. Transitional provisions
215. Transitional-Planning and Environment (General Amendment) Act 2004.
216. Transitional-Amendment of permits
217. Transitional-Planning and Environment Amendment Act 2007.
219. Transitional provisions-DAC Activity Centre Areas
__________________
SCHEDULE 1-Growth areas infrastructure contribution

PART 1-GENERAL
1. Definitions

PART 2-INVESTIGATION AREAS
2. Investigation areas

PART 3-INDEXATION OF THRESHOLD AMOUNT FOR EXCLUDED BUILDING WORK
3. Indexation of threshold amount for excluded building work

PART 4-MAXIMUM ADJUSTED GROWTH AREAS INFRASTRUCTURE CONTRIBUTION
4. Maximum adjusted growth areas infrastructure contribution

PART 5-INDEXATION OF DEFERRED GROWTH AREAS INFRASTRUCTURE CONTRIBUTION
5. Adjusted deferred amount of growth areas infrastructure contribution
_______________
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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