PLANNING AND ENVIRONMENT ACT 1987 - SECT 46B Saving of approved regional strategy plan and amending plans

PLANNING AND ENVIRONMENT ACT 1987 - SECT 46B

    (1)     The repeal of the Upper Yarra Valley and Dandenong Ranges Authority Act 1976 by section 12 of the Planning Authorities Repeal Act 1994 does not affect the continuity, status or effect of the approved regional strategy plan or any amending regional strategy plan existing under that Act immediately before that repeal.

    (2)     An amending regional strategy plan prepared under the Upper Yarra Valley and Dandenong Ranges Authority Act 1976 but not declared to be approved under that Act before the repeal of that Act is deemed to be an amendment to the approved regional strategy plan prepared by the Minister under section 46C(1).

    (3)     For the purposes of subsection (2) and section 46C(2)—

        (a)     an amending strategy plan adopted by the Authority under section 14(11) of the Upper Yarra Valley and Dandenong Ranges Authority Act 1976 and for which notice has been given under section 14(13) of that Act is deemed to have complied with Division 1 of Part 3 of the Planning and Environment Act 1987 ;

        (b)     any representations made in relation to an amending regional strategy plan by a person under section 14(16) of the Upper Yarra Valley and Dandenong Ranges Authority Act 1976 within the period specified under that section are deemed to be submissions made under Division 2 of Part 3 of the Planning and Environment Act 1987 ;

        (c)     a panel appointed under section 14(17) of the  Upper Yarra Valley and Dandenong Ranges Authority Act 1976 in relation to an amending regional strategy plan and existing immediately before the repeal of that Act is deemed to be a panel appointed under Part 8 of the Planning and Environment Act 1987 ;

        (d)     a report of a panel under section 14(29) of the Upper Yarra Valley and Dandenong Ranges Authority Act 1976 in relation to an amending regional strategy plan is deemed to be a report of a panel under section 25 of the Planning and Environment Act 1987 ;

        (e)     a decision by the Minister under section 16(a) or (b) of the Upper Yarra Valley and Dandenong Ranges Authority Act 1976 to proceed with a regional strategy plan is deemed to be an approval by the Minister under section 35(1)(a) or (b) (as the case requires) of the Planning and Environment Act 1987 .

    (4)     Despite the repeal of the Upper Yarra Valley and Dandenong Ranges Authority Act 1976 —

        (a)     section 19(2) of that Act continues to apply to any amending regional strategy plan laid before both Houses of Parliament under section 19(1) of that Act before that repeal; and

        (b)     if an amending regional strategy plan is revoked under section 19(2) it ceases to form part of the approved strategy plan for the purposes of this Part.

S. 46C inserted by No. 118/1994 s. 13.