See www.legislation.vic.gov.au for Victorian Bills, Acts and current
Versions of legislation and up-to-date legislative 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.".
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Schedule items 118, 119 were repealed unproclaimed by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.
Section 54A of the ILA authorises the making of the style changes set out
in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided section or clause of a Schedule is amended by
the insertion of one or more subsections or subclauses, the original section or
clause becomes subsection or subclause (1) and is amended by the insertion of
the expression "(1)" at the beginning of the original section or
clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001
form part of that Act. Any heading inserted in an Act which was passed before 1
January 2001, by an Act passed on or after 1 January 2001, forms part of that
Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule;
sections; clauses; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or
after 1 January 2001 form part of that Act. Any examples, diagrams or notes
inserted in an Act which was passed before 1 January 2001, by an Act passed on
or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January
2001 forms part of that Act. Any punctuation inserted in an Act which was
passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13
October 2004, a legislative item relating to a provision of an Act is taken to
be at the foot of that provision even if it is preceded or followed by another
legislative item that relates to that provision. For example, if a penalty at
the foot of a provision is followed by a note, both of these legislative items
will be regarded as being at the foot of that provision. See section
36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
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
S. 390(Sch. 1 items 77.2–77.4, 77.7–77.9)
on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1
items 77.1, 77.5, 77.6) on 24.10.20: s. 2(3)(f)
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.
(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.
(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).
(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
"(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.
(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.
(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.
(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.
(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.
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.
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.
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.
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.
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.
(6) On and from 16 February 1988 until the coming into operation of
section 43 of the Extractive Industries Act 1966, section 97(2)(a) of the
Principal Act has effect and must be taken always to have had effect as if it
referred to the Extractive Industries Advisory Committee instead of to the
Extractive Industries Board.
(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 Crownland before the date of commencement of this section, as if section 4 of this
Act had not been enacted.