Victorian Consolidated Legislation

Planning and Environment Act 1987 - SECT 19

What notice of an amendment must a planning authority give?

19. What notice of an amendment must a planning authority give?



(1) A planning authority must give notice of its preparation of an amendment
to a planning scheme-

   (a)  to every Minister, public authority and municipal council that it
        believes may be materially affected by the amendment; and

   (b)  to the owners (except persons entitled to be registered under the
        Transfer of Land Act 1958 as proprietor of an estate in fee simple)
        and occupiers of land that it believes may be materially affected by
        the amendment; and

   (c)  to any Minister, public authority, municipal council or person
        prescribed; and

   (ca) to owners (except persons entitled to be registered under the
        Transfer of Land Act 1958 as proprietor of an estate in fee simple)
        and occupiers of land benefited by a registered restrictive covenant,
        if the amendment provides for the removal or variation of the
        covenant; and

   (d)  to the Minister administering the Land Act 1958 if the amendment
        provides for the closure of a road wholly or partly on Crown land.

(1A) Subject to subsection (1C), the planning authority is not required to
give notice of an amendment under subsection (1)(b) if it considers the number
of owners and occupiers affected makes it impractical to notify them all
individually about the amendment.





(1B) A planning authority which does not give notice under subsection (1)(b)
for the reasons set out in subsection (1A) must take reasonable steps to
ensure that-

   (a)  public notice of the proposed amendment is given in the area affected
        by the amendment; and

   (b)  that notice states that owners and occupiers of land referred to in
        subsection (1)(b) are entitled to make submissions in accordance with
        sections 21 and 21A.

(1C) Subsection (1A) does not apply in relation to the giving of notice to an
owner of land of an amendment which provides for-

   (a)  the reservation of that land for public purposes; or

   (b)  the closure of a road which provides access to that land.

(2) A planning authority must publish a notice of any amendment it prepares in
a newspaper generally circulating in the area to which the amendment applies.

(2A) A planning authority must cause notice of an amendment providing for the
removal or variation of a registered restrictive covenant to be given by
placing a sign on the land which is the subject of the amendment.

(3) On the same day as it gives the last of the notices required under
subsections (1), (2) and (2A) or after all other notices have been given under
this section, the planning authority must publish a notice of the preparation
of the amendment in the Government Gazette13.





(4) Any notice must-

   (a)  be given in accordance with the regulations; and

   (b)  set a date for submissions to the planning authority which, if notice
        of the preparation of the amendment is given in the Government
        Gazette, must be not less than one month after the date that the
        notice is given in the Government Gazette.

(5) The failure of a planning authority to give a notice under subsection (1)
does not prevent the adoption or approval of the amendment by the planning
authority or its submission to or approval by the Minister.

(6) Subsection (5) does not apply to a failure to notify an owner of land
about the preparation of an amendment which provides for-

   (a)  the reservation of that land for public purposes; or

   (b)  the closure of a road which provides access to that land.

(7) A planning authority may take any other steps it thinks necessary to tell
anyone who may be affected by the amendment about its preparation.