PLANNING AND ENVIRONMENT ACT 1987 - SECT 12 What are the duties and powers of planning authorities?
PLANNING AND ENVIRONMENT ACT 1987 - SECT 12
What are the duties and powers of planning authorities?(1) A planning authority must—
(a) implement the objectives of planning in Victoria;
(b) provide sound, strategic and co-ordinated planning of the use and development of land in its area;
(c) review regularly the provisions of the planning scheme for which it is a planning authority;
(d) prepare amendments to a planning scheme for which it is a planning authority;
S. 12(1)(e) amended by No. 3/2013 s. 71(1)(a).
(e) prepare an explanatory report in respect of any proposed amendment to a planning scheme;
S. 12(1)(f) inserted by No. 3/2013 s. 71(1)(b).
(f) provide information and reports as required by the Minister.
S. 12(1A) inserted by No. 12/2021 s. 67.
(1A) The Minister may issue directions in relation to the preparation of an amendment to a planning scheme.
(2) In preparing a planning scheme or amendment, a planning authority—
(a) must have regard to the Minister's directions; and
S. 12(2)(aa) inserted by No. 77/1996 s. 10.
(aa) must have regard to the Victoria Planning Provisions [6] ; and
S. 12(2)(ab) inserted by No. 77/1996 s. 10, amended by No. 12/2021 s. 58.
(ab) in the case of an amendment, must have regard to any strategic plan, policy statement, code or guideline which forms part of the scheme [7] ; and
S. 12(2)(b) amended by No. 86/1989 s. 25(d).
(b) must take into account any significant effects which it considers the scheme or amendment might have on the environment or which it considers the environment might have on any use or development envisaged in the scheme or amendment [8] ; and
S. 12(2)(c) amended by No. 3/2013 s. 71(2).
(c) must take into account its social effects and economic effects.
(3) A planning authority may—
(a) carry out studies and commission reports; and
(b) do all things necessary to encourage and promote the orderly and proper use, development and protection of land in the area for which it is a planning authority; and
(c) take any steps and consult with any other persons it considers necessary to ensure the co-ordination of the planning scheme with proposals by those other persons.
S. 12A inserted by No. 77/1996 s. 11, amended by Nos 77/2003 s. 5(2), 81/2004 s. 4, 47/2007 s. 7, 9/2020 s. 390(Sch. 1 item 77.1), repealed by No. 12/2021 s. 59. [9]
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S. 12B inserted by No. 81/2004 s. 5.