Victorian Consolidated Legislation

Planning and Environment Act 1987 - SECT 8A

Municipal councils are planning authorities

8A. Municipal councils are planning authorities



(1) A municipal council is a planning authority-

   (a)  for any planning scheme in force in its municipal district; and

   (b)  for any other planning scheme for which it is authorised under this
        section to prepare an amendment.

(2) Despite subsection (1)(a), a municipal council may only prepare an
amendment to a planning scheme if authorised to do so by the Minister under
this section.

(3) The Minister, on the application of a municipal council, may authorise
that municipal council to prepare an amendment to any part of the State
standard provisions and local provisions of-

   (a)  a planning scheme in force in its municipal district; or

   (b)  a planning scheme applying to an area adjoining its municipal
        district.

(4) An application under subsection (3) must be in writing in a form approved
by the Minister and contain the information required by the Minister.

(5) An authorisation must be in writing.

(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 of the amendment.

(7) The Minister cannot authorise a municipal council to 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.