Victorian Consolidated Legislation

Planning and Environment (Planning Schemes) Act 1996 - SECT 5

New Part 1A inserted

5. New Part 1A inserted



After Part 1 of the Principal Act insert-

"PART 1A-VICTORIA PLANNING PROVISIONS
4A. Victoria Planning Provisions

(1) To assist in providing a consistent and co-ordinated framework for
planning schemes in Victoria, the Minister may prepare and approve standard
planning provisions to be called the Victoria Planning Provisions.

(2) The Victoria Planning Provisions may contain any matter which may be
included in a planning scheme under section 6.

(3) The Minister must publish notice of the approval of the Victoria Planning
Provisions in the Government Gazette.
4B. Amendment of Victoria Planning Provisions

(1) The Minister may at any time prepare an amendment to the Victoria Planning
Provisions.

(2) The Minister may authorise any other Minister or any public authority or
municipal council to prepare an amendment to the Victoria Planning Provisions.

(3) Subject to subsection (4), sections 17 to 34 and Part 8 apply to the
preparation of an amendment to the Victoria Planning Provisions as if-

   (a)  the amendment were an amendment to a planning scheme prepared under
        Part 3; and

   (b)  the Minister or the authorised body or person were the planning
        authority.

(4) Sections 21(3), 22(3), 23(3) and 25(3) do not apply to the preparation of
an amendment to the Victoria Planning Provisions.
4C. Approval of amendment

(1) The Minister may-

   (a)  approve an amendment or part of an amendment to the Victoria Planning
        Provisions prepared by the Minister or submitted to the Minister under
        section 4B-

   (i)  with or without changes; and

   (ii) subject to any conditions the Minister wishes to impose; or

   (b)  refuse to approve the amendment or part of the amendment.

(2) If the Minister approves only part of an amendment to the Victoria
Planning Provisions that part becomes a separate amendment.

(3) The Minister may approve further parts of an amendment to the Victoria
Planning Provisions at any time.
4D. Notice of approval
The Minister must publish notice of the approval of an amendment to the
Victoria Planning Provisions in the Government Gazette, specifying the place
or places at which any person may inspect the amendment.
4E. Commencement
An amendment to the Victoria Planning Provisions comes into operation-

   (a)  when the notice of approval of the amendment is published in the
        Government Gazette; or

   (b)  on any later day or days specified in the notice.
4F. Application of planning scheme provisions to amendments to VPPs
Sections 38 and 39 apply as if the amendment to the Victoria Planning
Provisions were an amendment to a planning scheme.
4G. Lodging of Victoria Planning Provisions and approved amendments

(1) The Minister must lodge the prescribed documents and a copy of the
Victoria Planning Provisions and every approved amendment to the Victoria
Planning Provisions with-

   (a)  each responsible authority; and

   (b)  each municipal council; and

   (c)  any other person or persons whom the Minister specifies.

(2) An amendment must be lodged before notice of approval of the amendment is
published in the Government Gazette.
4H. Who must keep a copy of an approved amendment available for inspection?
The Minister, each responsible authority and any person with whom a copy of an
approved amendment is lodged under section 4G must make the copy and any
documents lodged with it available at their respective offices during office
hours for any person to inspect free of charge for two months after the
amendment comes into operation and after that period on payment of the
prescribed fee.
4I. Who must keep up to date copy of Victoria Planning Provisions?
The Minister, the responsible authority and any person with whom an amendment
is lodged under section 4G must keep a copy of the Victoria Planning
Provisions incorporating all amendments to them and of all documents lodged
with those amendments available at their respective offices during office
hours for any person to inspect free of charge.
4J. Amendment of planning schemes by Victoria Planning Provisions

(1) An amendment to the Victoria Planning Provisions may also provide for an
amendment to one or more specified planning schemes.

(2) On the approval of an amendment to the Victoria Planning Provisions which
provides for an amendment to a planning scheme, the amendment to the planning
scheme is deemed to be approved under Part 3.

(3) The notice of the approval of the amendment to the Victoria Planning
Provisions given under section 4D is deemed also to be notice of the approval
under Part 3 of each amendment of a planning scheme provided for in the
amendment to the Victoria Planning Provisions.

(4) An amendment to a planning scheme provided for in an amendment to the
Victoria Planning Provisions comes into operation-

   (a)  when the amendment to the Victoria Planning Provisions comes into
        operation; or

   (b)  on any later day or days specified in the notice of approval of the
        amendment to the Victoria Planning Provisions given under section 4D.

(5) Part 3 (except Divisions 1 and 2 and sections 29 to 37) applies to an
amendment to a planning scheme provided for in an amendment to the Victoria
Planning Provisions.

(6) Nothing in section 8 limits the power of a person authorised under section
4B to prepare an amendment to a planning scheme under this section.".