Victorian Consolidated Legislation

Planning and Environment Act 1987 - SECT 3

Definitions

3. Definitions



(1) In this Act-





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amendment includes addition, deletion or substitution;

area includes two or more areas of land that are not adjoining;

building includes-

   (a)  a structure and part of a building or a structure; and

   (b)  fences, walls, out-buildings, service installations and other
        appurtenances of a building; and

   (c)  a boat or a pontoon which is permanently moored or fixed to land;

committee of management means a committee of management of Crown lands
appointed under an Act;

conservation includes preservation, maintenance, sustainable use, and
restoration of the natural and cultural environment;

construct includes reconstruct or make structural changes;

Crown land means land which is or is deemed to be unalienated land of the
Crown and includes-

   (a)  land of the Crown reserved permanently or temporarily by or under an
        Act; and

   (b)  land of the Crown occupied by a person under a lease licence or other
        right; Department means the Department of Planning and Community
        Development;





development includes-

   (a)  the construction or exterior alteration or exterior decoration of a
        building; and

   (b)  the demolition or removal of a building or works; and

   (c)  the construction or carrying out of works; and

   (d)  the subdivision or consolidation of land, including buildings or
        airspace; and

   (e)  the placing or relocation of a building or works on land; and

   (f)  the construction or putting up for display of signs or hoardings;
        growth area means an area of land for the time being declared under
        section 46AO;

Growth Areas Authority means the Growth Areas Authority established under
section 46AQ;



land includes-

   (a)  buildings and other structures permanently fixed to land; and

   (b)  land covered with water; and

   (c)  any estate, interest, easement, servitude, privilege or right in or
        over land;

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occupier includes a committee of management of Crown land;

owner-

   (a)  in relation to land which has been alienated in fee by the Crown and
        is under the operation of the Transfer of Land Act 1958 (other than
        land in an identified folio under that Act), means the person who is
        registered or entitled to be registered as proprietor, or the persons
        who are registered or entitled to be registered as proprietors, of an
        estate in fee simple in the land; and

   (b)  in relation to land which has been alienated in fee by the Crown and
        is land in an identified folio under the Transfer of Land Act 1958 or
        land not under the operation of the Transfer of Land Act 1958, means
        the person who is the owner, or the persons who are the owners, of the
        fee or equity of redemption; and

   (c)  in relation to Crown land reserved under the
        Crown Land (Reserves) Act 1978 and managed or controlled by a
        committee of management, means the Minister administering that Act;
        and

   (d)  in relation to any other Crown land, means the Minister or public
        authority that manages or controls the land; Port of Melbourne Area
        means-

   (a)  the land shown red on plan numbered LEGL./02-023 and lodged in the
        Central Plan Office established under the
        Survey Co-ordination Act 1958; and

   (b)  any area included in the Port of Melbourne Area under subsection (3)-
        but excludes any area excluded from the Port of Melbourne Area under
        subsection (3);

principal registrar means principal registrar of the Tribunal;



public authority means a body established for a public purpose by or under any
Act but does not include a municipal council;

public purpose includes any purpose for which land may be compulsorily
acquired under any Act to which the Land Acquisition and Compensation Act 1986
applies;

registered restrictive covenant means a restriction within the meaning of the
Subdivision Act 1988;



road includes highway, street, lane, footway, square, court, alley or right of
way, whether a thoroughfare or not and whether accessible to the public
generally or not;

secretary in relation to a responsible authority or planning authority being-

   (a)  a Minister, means the Department Head of the Minister's department;
        and

   (b)  a municipal council, means the Chief Executive Officer of the council;
        and

   (c)  any other responsible authority or planning authority, means the Chief
        Executive Officer of the authority-

and includes any person for the time being authorised by the authority to
exercise the powers and perform the duties of that office;

subdivision means the division of land into two or more parts which can be
disposed of separately;

Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998;

use in relation to land includes use or proposed use for the purpose for which
the land has been or is being or may be developed;

Victoria Planning Provisions means the Victoria Planning Provisions approved
under Part 1A as amended from time to time1;



works includes any change to the natural or existing condition or topography
of land including the removal, destruction or lopping of trees and the removal
of vegetation or topsoil.

(2) If under the Public Administration Act 2004 the name of the Department of
Planning and Community Development is changed, the reference in the definition
of Department in subsection (1) to that Department must, from the date when
the name is changed, be treated as a reference to the Department by its new
name.

(3) The Governor in Council may by order published in the Government Gazette-

   (a)  include any area of land adjoining the Port of Melbourne Area in the
        Port of Melbourne Area; or

   (b)  exclude any area of land from the Port of Melbourne Area.