Victorian Consolidated Legislation

Planning and Environment (Planning Schemes) Act 1996 - SECT 7

New section 7 substituted

7. New section 7 substituted

For section 7 of the Principal Act substitute-

"7. Structure of planning schemes

(1) A planning scheme for an area must include and must specify separately-

   (a)  State standard provisions; and

   (b)  local provisions.

(2) The State standard provisions must consist of provisions selected from the
Victoria Planning Provisions.

(3) The local provisions-

   (a)  must include-

   (i)  a municipal strategic statement, if the area of the planning scheme
        includes the whole or part of a municipal district; and

   (ii) any other provision which the Minister directs to be included in the
        planning scheme; and

   (b)  may include any other provision which applies only to the area of the
        planning scheme.

(4) If there appears to be an inconsistency between different provisions of a
planning scheme-

   (a)  the scheme must, so far as practicable, be read so as to resolve the
        inconsistency; and

   (b)  subject to paragraph (a)-

   (i)  the State standard provisions prevail over the local provisions; and

   (ii) a specific control over land prevails over a municipal strategic
        statement or any strategic plan, policy statement, code or guideline
        in the planning scheme.

(5) The Minister may issue directions or guidelines as to the form and content
of any planning scheme or planning schemes.

(6) A planning authority must comply with a direction of the Minister under
subsection (5).".