PLANNING AND ENVIRONMENT ACT 1987

Victorian Consolidated Legislation

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PLANNING AND ENVIRONMENT ACT 1987 - NOTES

No. 45 of 1987
Version incorporating amendments as at 30 June 2009

ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 26 February 1987
Legislative Council: 24 March 1987
The long title for the Bill for this Act was "A Bill to establish a framework for planning the use and development of land in Victoria and for other purposes.".
The Planning and Environment Act 1987 was assented to on 27 May 1987 and came into operation as follows:
Part 1, section 204 on 27 May 1987: section 2(1); rest of Act (except Schedule items 118, 119) on 16 February 1988: Government Gazette 10 February 1988 page 218.
Schedule items 118, 119 were repealed unproclaimed by No. 86/1989.
2. Table of Amendments
This Version incorporates amendments made to the Planning and Environment Act 1987 by Acts and subordinate instruments
-------------------------------------------------------------
Loddon-Campaspe Regional Planning Authority Act 1987, No. 59/1987
Assent Date:
27.10.87
Commencement Date:
S. 14 on 16.2.88: s. 2(2); rest of Act on 15.2.88: Government Gazette 10.2.88 p. 218
Current State:
All of Act in operation
Liquor Control Act 1987, No. 97/1987 (as amended by No. 70/1988)
Assent Date:
1.12.87
Commencement Date:
S. 176(1)(2) on 3.5.88: Government Gazette 27.4.88 p. 1044; s. 176(3) uncommenced, later repealed by No. 122/1993
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Planning and Environment (Amendment) Act 1988, No. 5/1988
Assent Date:
15.4.88
Commencement Date:
Ss 1-3, 5-9, 11 on 16.2.88: s. 2(1); ss 4, 10 on 15.4.88: s. 2(2)
Current State:
All of Act in operation
Subdivision Act 1988, No. 53/1988 (as amended by No. 47/1989)
Assent Date:
31.5.88
Commencement Date:
30.10.89: Government Gazette 4.10.89 p. 2532
Current State:
All of Act in operation
Local Government (Consequential Provisions) Act 1989, No. 12/1989
Assent Date:
9.5.89
Commencement Date:
S. 4(1)(Sch. 2 item 90.1) on 1.11.89: Government Gazette 1.11.89 p. 2798; s. 4(1)(Sch. 2 items 90.2, 90.3) on 1.10.92: Government Gazette 23.9.92 p. 2789
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date:
16.5.89
Commencement Date:
3.2.92: Government Gazette 18.12.91 p. 3488
Current State:
All of Act in operation
Extractive Industries (Amendment) Act 1989, No. 31/1989
Assent Date:
6.6.89
Commencement Date:
S. 13(4) on 16.2.88: s. 2(4); s. 13(5) on 30.8.89: Government Gazette 30.8.89 p. 2211-See Interpretation of Legislation Act 1984
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987

Transport (Amendment) Act 1989, No. 44/1989
Assent Date:
6.6.89
Commencement Date:
S. 41(Sch. 2 item 31) on 1.7.89: s. 2(1)
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 3(Sch. item 153) on 1.9.90: Government Gazette 25.7.90 p. 2217
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Planning and Environment (Amendment) Act 1989, No. 86/1989 (as amended by No. 48/1991)
Assent Date:
5.12.89
Commencement Date:
S. 24 on 6.12.89: s. 2(1); s. 26(2) on 30.9.92: s. 2(2); s. 29(1)-(4)(6)(10) on 16.2.88: s. 2(3); s. 29(8) immediately before 16.2.88: s. 2(4); s. 29(9) on 3.5.88: s. 2(5); rest of Act on 5.12.89: s. 2(6)
Current State:
All of Act in operation
Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991
Assent Date:
25.6.91
Commencement Date:
Ss 59-66 on 25.6.91: s. 2(4)
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Administrative Appeals Tribunal (Planning) Act 1991, No. 62/1991
Assent Date:
12.11.91
Commencement Date:
S. 39 on 29.5.90: s. 2(2); rest of Act on 8.1.92: Government Gazette 8.1.92 p. 2
Current State:
All of Act in operation
Albury-Wodonga Agreement (Amendment) Act 1991, No. 88/1991
Assent Date:
10.12.91
Commencement Date:
17.2.92: Government Gazette 12.2.92 p. 314
Current State:
All of Act in operation
City of Greater Geelong Act 1993, No. 16/1993
Assent Date:
18.5.93
Commencement Date:
All of Act (except s. 24) on 18.5.93: s. 2(1); s. 24 on 3.12.93: Special Gazette (No. 92) 2.12.93 p. 2
Current State:
All of Act in operation
Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993
Assent Date:
7.12.93
Commencement Date:
Ss 4(2), 6, 9 on 1.10.95: s. 2(1); s. 37(2) on 3.12.91: s. 2(2); s. 37(3) on 1.6.93: s. 2(3); rest of Act on 7.12.93: s. 2(4)
Current State:
All of Act in operation

Building Act 1993, No. 126/1993
Assent Date:
14.12.93
Commencement Date:
S. 264(Sch. 5 items 17.1-17.3) on 1.7.94: Special Gazette (No. 42) 1.7.94 p. 1
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Planning and Environment (Amendment) Act 1993, No. 128/1993
Assent Date:
14.12.93
Commencement Date:
14.12.93
Current State:
All of Act in operation
Planning Authorities Repeal Act 1994, No. 118/1994
Assent Date:
20.12.94
Commencement Date:
S. 13 on 1.7.95: Special Gazette (No. 63) 29.6.95 p. 1
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Coastal Management Act 1995, No. 8/1995
Assent Date:
26.4.95
Commencement Date:
Ss 43-45 on 26.4.97: s. 2(3)
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Latrobe Regional Commission (Repeal) Act 1995, No. 16/1995
Assent Date:
9.5.95
Commencement Date:
All of Act (except s. 7) on 9.5.95: s. 2(1); s. 7 on 15.8.95: Government Gazette 27.7.95 p. 1880
Current State:
All of Act in operation
Planning and Environment (Miscellaneous Amendments) Act 1995, No. 35/1995
Assent Date:
6.6.95
Commencement Date:
All of Act (except s. 4) on 6.6.95: s. 2(1); s. 4 on 6.12.95: s. 2(3)
Current State:
All of Act in operation
Planning and Environment (Development Contributions) Act 1995, No. 50/1995
Assent Date:
14.6.95
Commencement Date:
S. 3 on 30.11.95: Government Gazette 30.11.95 
p. 3303; s. 4 on 30.5.97: s. 2(3)
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Extractive Industries Development Act 1995, No. 67/1995
Assent Date:
17.10.95
Commencement Date:
Pt 1 (ss 1-7), s. 60(1)(2) on 17.10.95: s. 2(1); rest of Act on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4
Current State:
All of Act in operation



Heritage Act 1995, No. 93/1995
Assent Date:
5.12.95
Commencement Date:
S. 218(1)(Sch. 2 item 7) on 23.5.96: Government Gazette 23.5.96 p. 1248
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Miscellaneous Acts (Omnibus Amendments) Act 1996, No. 22/1996
Assent Date:
2.7.96
Commencement Date:
S. 17 on 2.7.96: s. 2(1)
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Planning and Environment (Planning Schemes) Act 1996, No. 77/1996
Assent Date:
17.12.96
Commencement Date:
17.12.96: s. 2
Current State:
All of Act in operation
Alpine Resorts (Management) Act 1997, No. 89/1997
Assent Date:
9.12.97
Commencement Date:
S. 75 on 30.4.98: Government Gazette 30.4.98 p. 926
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Planning and Environment (Amendment) Act 1997, No. 103/1997
Assent Date:
16.12.97
Commencement Date:
16.12.97: s. 2
Current State:
All of Act in operation
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date:
2.6.98
Commencement Date:
Ss 182-192 on 1.7.98: Government Gazette 18.6.98 p. 1512
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Planning and Environment (Amendment) Act 1998, No. 72/1998
Assent Date:
4.11.98
Commencement Date:
Ss 3-8 on 3.12.98: Government Gazette 26.11.98 p. 2851
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987



Transfer of Land (Single Register) Act 1998, No. 85/1998
Assent Date:
17.11.98
Commencement Date:
S. 24(Sch. item 45) on 1.1.99: s. 2(3)
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Liquor Control Reform Act 1998, No. 94/1998
Assent Date:
24.11.98
Commencement Date:
S. 183(Sch. 4 item 3) on 17.2.99: Special Gazette (No. 22) 16.2.99 p. 3
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Licensing and Tribunal (Amendment) Act 1998, No. 101/1998
Assent Date:
1.12.98
Commencement Date:
S. 27 on 1.2.99: Government Gazette 24.12.98 p. 3204
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Planning and Environment (Amendment) Act 2000, No. 28/2000
Assent Date:
30.5.00
Commencement Date:
Ss 3-11 on 31.5.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Planning and Environment (Restrictive Covenants) Act 2000, No. 100/2000
Assent Date:
12.12.00
Commencement Date:
13.12.00: s. 2
Current State:
All of Act in operation
Planning and Environment (Metropolitan Green Wedge Protection) Act 2003, No. 43/2003
Assent Date:
11.6.03
Commencement Date:
12.6.03: s. 2
Current State:
All of Act in operation
Planning and Environment (Port of Melbourne) Act 2003, No. 77/2003
Assent Date:
21.10.03
Commencement Date:
22.10.03: s. 2
Current State:
All of Act in operation
Road Management Act 2004, No. 12/2004
Assent Date:
11.5.04
Commencement Date:
S. 166 on 1.7.04: s. 2(2)
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Mitcham-Frankston Project Act 2004, No. 39/2004
Assent Date:
8.6.04
Commencement Date:
S. 261 on 1.7.04: Special Gazette (No. 148) 25.6.04 p. 1
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987

Sustainable Forests (Timber) Act 2004, No. 48/2004
Endnotes
Assent Date:
16.6.04
Commencement Date:
S. 137 on 17.6.04: s. 2(1)
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Planning and Environment (General Amendment) Act 2004, No. 81/2004
Assent Date:
16.11.04
Commencement Date:
23.5.05: Government Gazette 19.5.05 p. 930
Current State:
All of Act in operation
Planning and Environment (Development Contributions) Act 2004, No. 101/2004
Assent Date:
14.12.04
Commencement Date:
15.12.04: s. 2
Current State:
All of Act in operation
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 155) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Statute Law Revision Act 2005, No. 10/2005
Assent Date:
27.4.05
Commencement Date:
S. 3(Sch. 1 item 17) on 28.4.05: s. 2
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 81) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Planning and Environment (Williamstown Shipyard) Act 2005, No. 44/2005
Assent Date:
16.8.05
Commencement Date:
17.8.05: s. 2
Current State:
All of Act in operation
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Assent Date:
13.6.06
Commencement Date:
S. 94(Sch. item 37) on 1.7.06: Government Gazette 29.6.06 p. 1315
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Planning and Environment (Growth Areas Authority) Act 2006, No. 33/2006
Assent Date:
13.6.06
Commencement Date:
Ss 4-9 on 1.9.06: Government Gazette 31.8.06 p. 1816
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date:
10.10.06
Commencement Date:
S. 26(Sch. item 82) on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Road Legislation (Projects and Road Safety) Act 2006, No. 81/2006
Endnotes
Assent Date:
10.10.06
Commencement Date:
S. 60 on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Planning and Environment Amendment Act 2007, No. 47/2007
Assent Date:
25.9.07
Commencement Date:
Ss 3-8, 10-17 on 26.9.07: s. 2(1); s. 9 on 1.9.08: s. 2(3)
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
Public Administration Amendment Act 2009, No. 27/2009
Assent Date:
17.6.09
Commencement Date:
Ss 24(1), 25 on 18.6.09: s. 2(1); s. 24(2) on 30.6.09: s. 2(3)
Current State:
This information relates only to the provision/s amending the Planning and Environment Act 1987
-------------------------------------------------------------
3. Explanatory Details

1 S. 3(1) def. of Victoria Planning Provisions: Part 3 (ss 16A-27) of the Planning and Environment (Planning Schemes) Act 1996, No. 77/1996 reads as follows:
PART 3-TRANSITIONAL
S. 16A inserted by No. 77/2003 s. 8.
	16A.	Definition of Port of Melbourne Area
In this Part Port of Melbourne Area has the same meaning as it has in the Planning and Environment Act 1987.
	17.	Existing Act to continue to apply to existing schemes
		Despite the amendment of the Principal Act by this Act, the Principal Act as in force immediately before the commencement of this Act continues to apply in relation to-
	(a)	any planning scheme existing immediately before that commencement; and
	(b)	any amendment to a planning scheme of which notice was given under section 19 of the Principal Act but which had not been approved before that commencement; and
	(c)	any amendment to a planning scheme referred to in paragraph (a) prepared on or after that commencement.
	18.	Municipal councils to prepare new schemes
	(1)	As soon as practicable after the commencement of this Act, each municipal council must prepare a planning scheme for its municipal district and for any area adjoining its municipal district for which it is a planning authority.

	(2)	Subject to this Part, the Principal Act as amended by this Act and the regulations under the Principal Act apply to the preparation of a planning scheme under this section as if it were an amendment to a planning scheme and the municipal council were the planning authority.
	(3)	Sections 96A to 96D do not apply in respect of a planning scheme prepared under this section.
S. 18(4) inserted by No. 77/2003 s. 9.
	(4)	This section does not apply to any part of a municipal district that is within the Port of Melbourne Area.
	19.	Municipal councils to prepare municipal strategic statements
	(1)	The municipal council must prepare a municipal strategic statement for inclusion in the planning scheme prepared under section 18 on or before the date specified by the Minister in respect of that planning scheme.
	(2)	If a municipal council has not prepared a municipal strategic statement for inclusion in a planning scheme on or before the date specified by the Minister under subsection (1), the Minister may prepare a municipal strategic statement for inclusion in that planning scheme.
	(3)	Section 12A of the Principal Act as amended by this Act applies to the preparation of a municipal strategic statement under this section.
	20.	Submission of planning scheme for approval
	(1)	The municipal council must submit a planning scheme prepared under section 18 to the Minister for approval under section 31 of the Principal Act on or before the date specified by the Minister in respect of that planning scheme.
	(2)	If the municipal council does not submit a planning scheme by the date specified by the Minister, the Minister may prepare and approve a planning scheme for that municipal district.
	(3)	The Principal Act (except sections 12(1)(a) and (e), 12(2), 12(3), Divisions 1 and 2 of Part 3 and section 39 and any regulations made for the purpose of those provisions) applies to the preparation and approval of a planning scheme by the Minister under subsection (2).
	(4)	A planning scheme approved under this section is deemed to be approved under the Principal Act.
	(5)	The municipal council must pay to the Crown the costs determined by the Governor in Council to be incurred by the Minister in preparing a planning scheme under this section for the council's municipal district.
	21.	Minister may prepare planning scheme
	(1)	The Minister may prepare and approve a planning scheme under this Part for any part of Victoria outside a municipal district.
S. 21(1A) inserted by No. 77/2003 s. 10.
	(1A)	The Minister may prepare and approve a planning scheme under this Part for the Port of Melbourne Area.
	(2)	Subject to this Part, the Principal Act as amended by this Act and the regulations under the Principal Act apply to the preparation of a planning scheme under this section as if it were an amendment to a planning scheme and the Minister were the planning authority.
	(3)	Sections 96A to 96D do not apply in respect of a planning scheme prepared under this section.

	22.	Validity of schemes
	(1)	A planning scheme prepared under this Part and approved or purporting to have been approved is deemed to have been duly approved in accordance with all of the requirements of this Part and the Principal Act and to be valid and effective in all respects.
	(2)	A planning scheme referred to in subsection (1) must not be called into question in any proceeding in any court or tribunal or in any proceeding by way of review under the Principal Act or this Part.
	(3)	Nothing in this section applies to an amendment to a planning scheme referred to in subsection (1).
	23.	Issue of permits with schemes
	(1)	If-
	(a)	a municipal council prepares a planning scheme under this Part for an area; and
	(b)	the municipal council determines under section 96G(1)(c) of the Principal Act to recommend to the Minister that a permit be granted under Division 5 of Part 4 of the Principal Act-
		the municipal council must give the owner and the occupier of land to which the proposed permit would apply at least 30 days notice of its intention to recommend to the Minister that a permit be granted under that Division in respect of the land.
	(2)	The notice must be accompanied by a copy of the proposed permit.


	(3)	The Principal Act applies in relation to a planning scheme prepared under this Part as if-
	(a)	in section 96E(1)(a) the words "as amended by the proposed amendment" were omitted; and
	(b)	for section 96G(1)(c) there were substituted-
	"(c)	the planning authority considers it appropriate that a permit be granted under this Division for any purpose for which the planning scheme would require a permit to be obtained.".
	(4)	Section 96I of the Principal Act applies in relation to a planning scheme prepared under this Part as if that section permitted the Minister-
	(a)	to grant a permit subject to any conditions the Minister thinks fit, if the Minister considers that it is appropriate that a permit be granted under that section for any purpose for which the planning scheme would require the permit to be obtained; and
	(b)	to grant any permit under that section within 3 months after the date of approval of the planning scheme.
S. 23(5) inserted by No. 72/1998 s. 10.
	(5)	If, in relation to a planning scheme prepared under this Part, the Minister grants a permit under section 96I of the Principal Act for the use of land or the development and use of land for an extractive industry, the permit may specify that the permit expires if the use is discontinued for a period (being not less than 2 years) specified in the permit.

S. 23(6) inserted by No. 72/1998 s. 10.
	(6)	If a permit specifies a period for expiry in accordance with subsection (5)-
	(a)	the permit expires if the use is discontinued for the period specified in the permit; and
	(b)	sections 68(2)(b) and 68(3)(d) of the Principal Act do not apply to that permit.
	24.	Effect of new scheme
	(1)	On the commencement of a new planning scheme prepared under this Part in respect of an area, any planning scheme in force in that area immediately before that commencement is revoked.
	(2)	All acts matters or things of a continuing nature made, done or commenced under or in relation to a revoked scheme that could have been made, done or commenced under or in relation to the new planning scheme are to be taken, so far as relates to any period after the commencement of the new planning scheme, to have been made, done or commenced in relation to the new planning scheme.
	(3)	On and from the commencement of the new planning scheme-
	(a)	all proceedings commenced by or against a responsible authority under or in relation to the revoked scheme may be continued by or against the responsible authority for the new planning scheme; and
	(b)	any arrangement, contract or agreement entered into by or on behalf of a responsible authority in relation to the revoked scheme that could be entered into under the Principal Act in relation to the new planning scheme may be enforced by or against the responsible authority for the new planning scheme; and
	(c)	all rights and liabilities existing under or in relation to the revoked scheme immediately before the commencement of the new planning scheme continue under or in relation to the new planning scheme, to the extent that the new planning scheme has provisions to the like effect as provisions of the revoked scheme, and may be enforced by or against-
	(i)	the Minister, if they were rights and liabilities of or enforceable against the Minister immediately before that commencement; or
	(ii)	the responsible authority for the new planning scheme, if they were rights and liabilities of or enforceable against the responsible authority under or in relation to the revoked scheme immediately before that commencement.
	25.	Applications for permits
	(1)	Any application for a permit in respect of land which was made under the Principal Act but which had not been decided before the commencement of a new planning scheme prepared under this Part and applying to that land must be decided in accordance with the provisions of the new planning scheme as in force at the date of the decision.
	(2)	Subject to subsection (3), Part 4 of the Principal Act as amended by this Act applies to an application referred to in subsection (1) as if a reference in that Part to a planning scheme were a reference to the new planning scheme.
	(3)	If notice had been given of an application under section 52 of the Principal Act before the commencement of the new planning scheme-
	(a)	any exemption in the new planning scheme from the giving of that notice does not apply; and
	(b)	any additional requirements for notice in the new planning scheme do not apply.
	26.	Appeals
	(1)	If before the commencement of a new planning scheme prepared under this Part-
	(a)	the responsible authority had decided an application for a permit under the Principal Act in respect of land to which the new planning scheme applies; and
	(b)	an appeal against the decision had not been lodged before that commencement and the time for lodging had not expired; and
	(c)	an appeal is made to the Administrative Appeals Tribunal against that decision after that commencement-
		the new planning scheme as in force at the date of the determination by the Tribunal applies to the hearing and determination of the appeal.
	(2)	If before the commencement of a new planning scheme prepared under this Part-
	(a)	the responsible authority had decided an application for a permit under the Principal Act in respect of land to which the new planning scheme applies; and

	(b)	an appeal had been lodged but not determined before that commencement-
		the new planning scheme as in force at the date of the determination by the Tribunal applies to the hearing and determination of the appeal.
	(3)	If on an appeal referred to in this section, the Tribunal determines that a permit should be granted, the new planning scheme as in force for the time being applies to the grant of the permit and anything done under or in relation to the permit.
S. 27 amended by No. 77/2003 s. 11 (ILA s. 39B(1)).
	27.	Supreme Court-limitation of jurisdiction
	(1)	It is the intention of section 22(2) to alter or vary section 85 of the Constitution Act 1975.
S. 27(2) inserted by No. 77/2003 s. 11.
	(2)	Without limiting subsection (1), it is the intention of section 22(2) (to the extent that it applies to any planning scheme prepared and approved by the Minister under section 21(1A) for the Port of Melbourne Area) to alter or vary section 85 of the Constitution Act 1975.

2 Pt 1A (ss 4A-4J): See note 1. 
3 S. 6(1)(aa): See note 1.
4 S. 6(2)(d): See note 1. 

5 S. 6(2)(g): Sections 64, 65 of the Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991 read as follows:
	64.	Amendment of planning schemes concerning easements, restrictions etc.
	(1)	In addition to any other powers to prepare or approve amendments to any planning scheme, the Minister may prepare and approve an amendment to any planning scheme to incorporate any of the provisions authorised by section 6(2)(g), (ga) or (gb) of the Planning and Environment Act 1987.
	(2)	Subsection (1) authorises the preparation of only one amendment to each existing planning scheme.
	(3)	The Planning and Environment Act 1987, except for section 12 and Divisions 1 and 2 of Part 3, applies to the preparation and approval of an amendment under subsection (1).
	(4)	An amendment under subsection (1) must not itself create, vary or remove an easement or restriction within the meaning of the Subdivision Act 1988.
	(5)	As soon as possible after the commencement of this section the Minister must prepare and approve an amendment to each planning scheme to provide that a permit is required to use or develop land in a residential zone for two dwellings, if there is a restriction prohibiting that use or development.
	(6)	Subclause (5) only applies to restrictions registered or lodged for registration prior to October 30 1989.
	(7)	The Planning and Environment Act 1987, except for section 12 and Divisions 1 and 2 of Part 3, applies to the preparation and approval of an amendment under subsection (5).
	65.	Transitional provision: permits
	(1)	If on or after 30 October 1989 but before the date of commencement of an amendment approved under section 64 a decision is made to grant a permit, or a permit is issued, that (by condition or otherwise) requires, provides for, directs or authorises the creation, variation or removal of an easement or restriction (within the meaning of the Subdivision Act 1988), that requirement, provision, direction or authorisation must for all purposes be taken to be and always to have been valid and effective, and its inclusion in the decision or permit must be taken not to invalidate and never to have invalidated the decision or permit or anything in it.
	(2)	Anything done in giving effect to a requirement, provision, direction or authorisation validated by subsection (1) must, if done in accordance with it, be taken for all purposes to be and always to have been validly done.
	(3)	This section applies to-
	(a)	a permit issued on or after the date of commencement of an amendment referred to in subsection (1), as the result of a decision made before that commencement; and
	(b)	anything done in relation to a permit or a decision referred to in subsection (1) whether before or after the date of commencement of that amendment.
	(4)	On the date of commencement of an amendment to a planning scheme approved under section 64, an application for a permit authorised by the amendment and made before the amendment commenced (whether before or after the commencement of this section) may be dealt with as if the amendment had been in operation when the application was made.
	(5)	Expressions used in this section have the same meanings as in the Planning and Environment Act 1987.
6 S. 6(2)(ga): See note 5.
7 S. 6(2)(gb): See note 5.
8 S. 7: See note 1.
9 S. 12(2)(aa): See note 1.
10 S. 12(2)(ab): See note 1.

11 S. 12(2)(b): Section 32(8) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:
	32.	Transitional provisions: Amendment to planning schemes
	(8)	The amendment made to the Principal Act by section 25(d) applies only to an amendment of a planning scheme prepared on or after the date of commencement of this section.

12 S. 12A: See note 1.

13 S. 19(3): Section 32(3) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:
	32.	Transitional provisions: Amendment to planning schemes
	(3)	The amendment made to the Principal Act by section 25(e) of this Act applies whether any notice required by section 19 of the Principal Act is given before on or after the date of commencement of this section.

14 S. 21: Section 32(4) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:
	32.	Transitional provisions: Amendment to planning schemes
	(4)	The amendment made to the Principal Act by section 25(f) of this Act applies only where a condition requiring notice is imposed under the Principal Act on or after the date of commencement of this section.

15 S. 21: See note 1.



16 S. 21A: Section 32(5) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:
	32.	Transitional provisions: Amendment to planning schemes
	(5)	The amendments made to the Principal Act by section 8 of this Act apply to-
	(a)	a submission received on or after the date of commencement of this section; and
	(b)	a submission received before that date of commencement if at that date of commencement-
	(i)	the submission has not been referred to a panel; and
	(ii)	no notice under the Principal Act has been given to the makers of the submission.

17 S. 22: See note 1.

18 S. 23: Section 32(6) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:
	32.	Transitional provisions: Amendment to planning schemes
	(6)	The amendment made to the Principal Act by section 25(h) of this Act applies to a submission whether received before on or after the date of commencement of this section.

19 S. 23: See note 1.
20 S. 25: See note 1.
21 S. 25A: See note 1.



22 S. 52(1A): Section 33(1) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:
	33.	Transitional provisions: Application for permits
	(1)	The amendment made to the Principal Act by section 13 of this Act applies only to an application for a permit received on or after the date of commencement of this section.

23 S. 52(1B): See note 22.
24 S. 52(1C): See note 22.
25 Pt 4 Div. 5 (ss 96A-96N): See note 1.
26 S. 161(2): See note 1.
27 Pt 9 Div. 2: Section 31(3) of the Planning and Environment (Amendment) Act 1989, No. 86/1989 reads as follows:
	31.	Transitional provisions: Crown land owners and occupiers
	(3)	Division 2 of Part 9 of the Principal Act continues to apply to an agreement entered into between a responsible authority and the occupier of Crown land before the date of commencement of this section, as if section 4 of this Act had not been enacted.

28 S. 201D: See note 1.

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Part 1-Preliminary


Planning and Environment Act 1987
No. 45 of 1987