Victorian Consolidated Legislation

Planning and Environment (Planning Schemes) Act 1996 - SECT 24

Effect of new scheme

24. Effect of new scheme



(1) On the commencement of a new planning scheme prepared under this Part in
respect of an area, any planning scheme in force in that area immediately
before that commencement is revoked.

(2) All acts matters or things of a continuing nature made, done or commenced
under or in relation to a revoked scheme that could have been made, done or
commenced under or in relation to the new planning scheme are to be taken, so
far as relates to any period after the commencement of the new planning
scheme, to have been made, done or commenced in relation to the new planning
scheme.

(3) On and from the commencement of the new planning scheme-

   (a)  all proceedings commenced by or against a responsible authority under
        or in relation to the revoked scheme may be continued by or against
        the responsible authority for the new planning scheme; and

   (b)  any arrangement, contract or agreement entered into by or on behalf of
        a responsible authority in relation to the revoked scheme that could
        be entered into under the Principal Act in relation to the new
        planning scheme may be enforced by or against the responsible
        authority for the new planning scheme; and

   (c)  all rights and liabilities existing under or in relation to the
        revoked scheme immediately before the commencement of the new planning
        scheme continue under or in relation to the new planning scheme, to
        the extent that the new planning scheme has provisions to the like
        effect as provisions of the revoked scheme, and may be enforced by or
        against-

   (i)  the Minister, if they were rights and liabilities of or enforceable
        against the Minister immediately before that commencement; or

   (ii) the responsible authority for the new planning scheme, if they were
        rights and liabilities of or enforceable against the responsible
        authority under or in relation to the revoked scheme immediately
        before that commencement.