PLANNING AND ENVIRONMENT ACT 1987 - SECT 8A Municipal council as planning authority for its municipal district

PLANNING AND ENVIRONMENT ACT 1987 - SECT 8A

    (1)     A municipal council is a planning authority for any planning scheme in force in its municipal district.

    (2)     A municipal council must not prepare an amendment to the State standard provisions or the local provisions of a planning scheme in force in its municipal district unless it has applied to the Minister under this section and the Minister has authorised it to do so.

    (3)     An application under this section must be made in accordance with the regulations and contain the information required by the Minister.

S. 8A(4) amended by No. 43/2021 s. 119(1).

    (4)     Subject to subsection (6A), the Minister, on the application of a municipal council under this section, may decide—

        (a)     to authorise the municipal council to prepare the amendment; or

        (b)     that the application requires further review; or

        (c)     to refuse to authorise the municipal council to prepare the amendment.

    (5)     The Minister must notify the municipal council in writing of his or her decision.

    (6)     The Minister may authorise the preparation of an amendment subject to any conditions the Minister wishes to impose, including conditions relating to the giving of notice under the amendment.

S. 8A(6A) inserted by No. 43/2021 s. 119(2).

    (6A)     If an application is for the preparation of an amendment that will apply to land to which a Suburban Rail Loop planning area declaration applies, the Minister—

        (a)     must refer the application to the Suburban Rail Loop Minister; and

        (b)     must not authorise the preparation of the amendment without the consent of the Suburban Rail Loop Minister under section 8C.

S. 8A(7) amended by No. 43/2021 s. 119(3).

    (7)     Despite subsection (2) but subject to subsection (7A), a municipal council that has made an application under this section may prepare the amendment specified in the application without the authorisation after the end of the period of 10 business days after the Minister receives the application if the Minister has not notified the council of his or her decision within that period.

S. 8A(7A) inserted by No. 43/2021 s. 119(4).

    (7A)     Subsection (7) does not apply in relation to an application for the preparation of an amendment that will apply to land to which a Suburban Rail Loop planning area declaration applies.

    (8)     If the Minister decides that an application requires further review, the Minister may, following that review, decide to authorise or refuse to authorise the municipal council to prepare the amendment.

    (9)     Despite anything to the contrary in this section, a municipal council must not prepare an amendment to a planning scheme applying to the Port of Melbourne Area unless the amendment does not affect or apply to land in that Area.

S. 8B inserted by No. 3/2013 s. 42.