Victorian Consolidated Legislation

Planning and Environment Act 1987 - SECT 38

Parliament may revoke an amendment

38. Parliament may revoke an amendment



(1) The Minister must cause a notice in the prescribed form of the approval of
every amendment to be laid before each House of the Parliament within 10
sitting days after it is approved.

(1AA) If the amendment was approved by the planning authority under section
35B, the notice under subsection (1)-

   (a)  must state that the amendment was approved under the Minister's
        authority; and

   (b)  must state the date that the authority was given.

(1A) A notice under subsection (1) must state whether the Minister has
exempted the planning authority or himself or herself from any of the
requirements of section 17, 18 or 19 or the regulations.



(1B) If an exemption has been given, the notice must-

   (a)  state the nature of the exemption; and

   (b)  state the notice, if any, given of the amendment; and

   (c)  state whether the Minister consulted the responsible authority before
        giving the exemption; and

   (d)  if the responsible authority was consulted, include a summary of the
        authority's recommendations (if any) in relation to the exemption.

(2) An amendment may be revoked wholly or in part by a resolution passed by
either House of the Parliament within 10 sitting days after the notice of
approval of the amendment is laid before that House.

(3) If an amendment is revoked-

   (a)  any provision of a planning scheme that had been revoked by the
        amendment comes back into operation from the beginning of the day on
        which the amendment was revoked; and

   (b)  any provision of a planning scheme that had been directly amended by
        the amendment takes effect without that direct amendment from the
        beginning of the day on which the amendment was revoked as if the
        revoked amendment had not been made.

(4) The Minister must publish a notice of the revocation of an amendment or
part of an amendment in the Government Gazette.

(5) The planning authority must give notice of the revocation of an amendment
or part of an amendment in a manner satisfactory to the Minister.