Victorian Consolidated Legislation

Planning and Environment Act 1987 - SECT 11

Minister may authorise planning authority to approve amendment

11. Minister may authorise planning authority to approve amendment



(1) If the Minister authorises the preparation of an amendment to a planning
scheme, the Minister must state in the authorisation whether-

   (a)  the planning authority is also authorised to approve the amendment
        under section 35B; or

   (b)  the amendment must be submitted to the Minister under section 31 for
        approval.

(2) The Minister, at any time before notice of the approval of the amendment
is published in the Government Gazette under section 36, may, in writing,
withdraw an authorisation under subsection (1)(a).

(3) If the Minister withdraws an authorisation under subsection (1)(a)-

   (a)  any approval of the amendment by the planning authority is, and is
        deemed always to have been, of no effect; and

   (b)  the amendment must be submitted to the Minister under section 31 for
        approval.

(4) The Minister cannot authorise a planning authority to approve an amendment
under section 35B if-

   (a)  it is an amendment to a metropolitan fringe planning scheme within the
        meaning of Part 3AA-

   (i)  that amends or inserts an urban growth boundary within the meaning of
        that Part; or

   (ii) that has the effect of altering or removing any controls over the
        subdivision of any green wedge land within the meaning of that Part to
        allow the land to be subdivided into more lots or into smaller lots
        than allowed for in the planning scheme; or

   (b)  the amendment is to be considered concurrently with an application for
        a permit under Division 5 of Part 4.