Victorian Consolidated Legislation

Planning and Environment Act 1987 - SECT 20

Exemption from giving notice

20. Exemption from giving notice



(1) A planning authority may apply to the Minister to exempt it from any of
the requirements of section 19 or the regulations in respect of an amendment.

(2) If the Minister considers that compliance with any of those requirements
is not warranted, or that the interests of Victoria or any part of Victoria
make such an exemption appropriate, the Minister may-

   (a)  exempt a planning authority from any of those requirements; and

   (b)  impose conditions on that exemption, including a condition which
        requires the planning authority to give notice of the amendment in any
        specified manner.

(3) The Minister cannot exempt a planning authority from the requirement to
give notice-

   (a)  to the owner of any land, of an amendment which provides for-

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

   (ii) the closure of a road which provides access to that land; or

   (b)  to any Minister prescribed under section 19(1)(c); or

   (ba) under section 19(2) or (3), if the amendment proposes a change to
        provisions relating to land set aside or reserved as public open
        space; or

   (c)  to the Minister administering the Land Act 1958 under
        section 19(1)(d).

(4) The Minister may exempt himself or herself from any of the requirements of
sections 17, 18 and 19 and the regulations in respect of an amendment which
the Minister prepares, if the Minister considers that compliance with any of
those requirements is not warranted or that the interests of Victoria or any
part of Victoria make such an exemption appropriate.

(5) The Minister may consult with the responsible authority or any other
person before exercising the powers under subsection (2) or (4).

(6) The Minister cannot, under this section, exempt a planning authority or
himself or herself from any requirement if the amendment is to include a DAC
Activity Centre Area within the meaning of Part 4AA or to amend the boundaries
of such an Area.

Division 2-Public submissions about an amendment