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PLANNING AND ENVIRONMENT ACT 1987

Table of Provisions

PART 1--PRELIMINARY

PART 1A--VICTORIA PLANNING PROVISIONS[2]

PART 2--PLANNING SCHEMES

  • 5 What are the planning schemes to which this Act applies?  
  • 6 What can a planning scheme provide for?  
  • 6A Easements, restrictions etc.  
  • 6B Heritage buildings  
  • 7 Structure of planning schemes[5]  
  • 8 Minister is planning authority  
  • 8A Municipal council as planning authority for its municipal district  
  • 8B Municipal council as planning authority for area adjoining municipal district  
  • 8C Consent of the Suburban Rail Loop Minister required for authorisations of certain planning scheme amendments  
  • 8D Applications for planning amendment authorisations received before applicable Suburban Rail Loop planning area declarations  
  • 9 Authorised Ministers and authorities are planning authorities  
  • 9A Suburban Rail Loop Authority is a planning authority  
  • 10 Restrictions and powers relating to the preparation of amendments  
  • 12 What are the duties and powers of planning authorities?  
  • 12B Review of planning schemes  
  • 13 Responsible authority  
  • 14 What are the duties of a responsible authority?  
  • 14A What are the duties of a referral authority?  
  • 15 Changes in boundaries  
  • 16 Application of planning scheme  

PART 3--AMENDMENT OF PLANNING SCHEMES

Division 1--Exhibition and notice of amendment

Division 2--Public submissions about an amendment

  • 21 Who may make a submission?[11], [12]  
  • 21A Joint submissions[13]  
  • 22 Planning authority to consider submissions[14]  
  • 23 Decisions about submissions[15], [16]  
  • 24 Hearing by panel  
  • 25 Report by panel[17]  
  • 25A Recommendation by panel to Minister[18]  
  • 26 Reports to be made public  
  • 27 Planning authority to consider panel's report  
  • 28 Abandonment of amendment  

Division 3--Adoption and approval of amendment

Division 4--Availability of approved amendments and schemes

  • 40 Lodging of approved amendment  
  • 41 Who must keep a copy of an approved amendment for inspection?  
  • 42 Who must keep a copy of a planning scheme?  

Division 5--Special provisions

PART 3AAA--YARRA RIVER LAND PROTECTION

Division 1--Compliance with Yarra Strategic Plan

Division 2--Ratification by Parliament for amendments to planning schemes

PART 3AA--METROPOLITAN GREEN WEDGE PROTECTION

Division 1--Introductory

  • 46AA What is a metropolitan fringe planning scheme?  
  • 46AC What is green wedge land?  

Division 2--Green wedge management plans

Division 3--Ratification by Parliament for amendments to planning schemes

PART 3AAB--DISTINCTIVE AREAS AND LANDSCAPES

Division 1--Objects

Division 2--Declaration of distinctive areas and landscapes

Division 3--Statements of Planning Policy for distinctive areas and landscapes

Division 4--Interaction between specific legislation and Statement of Planning Policy

  • 46AZJ Specific legislation  

Division 5--Duties of responsible public entities

Division 6--Transitional provision

  • 46AZM Transitional provision—Consultation in relation to Macedon Ranges Localised Planning Statement  

PART 3AAC--AMENDMENTS IN THE GREAT OCEAN ROAD REGION

Division 1--Compliance with Great Ocean Road strategic framework plan

  • 46AZN Responsible entities to comply with Great Ocean Road strategic framework plan  

Division 2--Ratification by Parliament for amendments to Great Ocean Road scenic landscapes area planning scheme

PART 3A--UPPER YARRA VALLEY ANDDANDENONG RANGES--REGIONAL STRATEGY PLAN

  • 46A Definitions  
  • 46B Saving of approved regional strategy plan and amending plans  
  • 46C Amendment of strategy plan  
  • 46D Approval of Parliament needed after appointed day  
  • 46E Availability of amendment  
  • 46F Planning schemes to comply with approved regional strategy plan  
  • 46G Works to be in conformity with approved regional strategy plan  

PART 3AB--INFRASTRUCTURE CONTRIBUTIONS

Division 1--Preliminary

Division 2--Infrastructure contributions plans

Division 3--Directions of Minister

  • 46GJ Directions of Minister  
  • 46GK Planning authorities must comply with directions of Minister  

Division 4--Valuation and dispute resolution process for inner public purpose land

Division 5--Imposition and collection of infrastructure contribution

Division 6--Responsibilities of collecting agencies and development agencies

Division 7--Responsibilities of collecting agencies and development agencies if infrastructure contributions not expended

Division 8--General

PART 3B--DEVELOPMENT CONTRIBUTIONS

PART 3C--MELBOURNE AIRPORT ENVIRONS STRATEGY PLAN

PART 3D--WILLIAMSTOWN SHIPYARD SITE STRATEGY PLAN

PART 4--PERMITS

Division 1--Permits required by planning schemes

  • 47 Applications for permits  
  • 48 What if the applicant is not the owner?  
  • 49 Responsible authority to keep register  
  • 50 Amendment to application at request of applicant before notice  
  • 50A Amendment of application by responsible authority before notice  
  • 51 Applications to be made available to the public  
  • 52 Notice of application  
  • 53 What are the duties of applicants?  
  • 54 More information  
  • 54A Applicant may apply for extension of time to provide more information  
  • 54B When does an application lapse?  
  • 55 Application to go to referral authorities  
  • 56 Action by referral authority on application  
  • 56A Referral authority to keep register  
  • 57 Objections to applications for permits  
  • 57A Amendments to application after notice of application is given  
  • 57B Notice of amended application  
  • 57C Amended application may go to referral authorities  
  • 58 Responsible authority to consider all applications  
  • 58A Responsible authority may request advice from Planning Application Committee  
  • 59 Time for decision  
  • 60 What matters must a responsible authority consider?  
  • 61 Decision on application  
  • 61A Decisions where responsible authority is a council officer  
  • 62 What conditions can be put on permits?  
  • 63 Grant of permit if no objectors  
  • 64 Grant of permit if there are objectors  
  • 64A Grant of permit—recommending referral authority objected or recommended condition that was not included  
  • 65 Refusal of permit  
  • 66 Notice to referral authority  
  • 67 When does a permit begin?  
  • 68 When does a permit expire?  
  • 68A Expiration of permits for extractive industry  
  • 69 Extension of time  
  • 70 Availability of permit  
  • 71 Correction of mistakes  

Division 1A--Amendment of permits by responsible authority

Division 2--Reviews by Tribunal

  • 77 Applications for review of refusals to grant permits  
  • 78 Applications for review of requirements  
  • 79 Applications for review of failures to grant permits  
  • 80 Applications for review of conditions on permits  
  • 81 Applications for review relating to extensions of time  
  • 82 Applications for review where objectors  
  • 82AAA Request for review by recommending referral authority  
  • 82AA Applications for review—marine and coastal Crown land  
  • 82B Affected person may seek leave to apply for review  
  • 83 Parties to review  
  • 83A Objectors entitled to notice  
  • 83AB Recommending referral authority entitled to notice  
  • 83B Notice if permit application was made without notice  
  • 84 An application may be determined after an appeal has been lodged  
  • 84A Parties not restricted to grounds previously notified  
  • 84AB Tribunal may confine review with agreement  
  • 84B Matters for Tribunal to take into account  
  • 85 Determination of applications  
  • 86 Issue of permit  

Division 3--Cancellation and amendment of permits by Tribunal

Division 4--Provisions relating to Ministers, government departments and responsible authorities

Division 5--Combined permit and amendment process[22]

  • 96A Application for permit when amendment requested  
  • 96B Application of provisions  
  • 96C Notice of amendment, application and permit  
  • 96D Hearing by panel  
  • 96E Report by panel on proposed permit  
  • 96F Planning authority to consider panel's report  
  • 96G Determination by planning authority  
  • 96H Recommendation by planning authority  
  • 96I Minister may grant permit on approval of amendment  
  • 96J Issue of permit  
  • 96K Notice of refusal  
  • 96L Cancellation of permit  
  • 96M Application of provisions  
  • 96N Who is to be the responsible authority?  

Division 5A--Metropolitan Planning Levy

Division 6--Powers of Minister in relation to applications

  • 97B Call in power  
  • 97C Request by responsible authority  
  • 97D Referral of applications to Minister  
  • 97E Panel  
  • 97F Decision of Minister  
  • 97G Notice of availability  
  • 97H Effect of issue of permit  
  • 97I Application for amendment of permit  
  • 97J Decision on amendment  
  • 97K Notice of decision  
  • 97L Register  
  • 97M Provisions of Act not to apply  
    • Divisions 2 and 3 of this Part and section 149A do not apply in relation to--

PART 4AA--PLANNING APPLICATION COMMITTEE

PART 4A--CERTIFICATES OF COMPLIANCE

  • 97N Application for certificate  
  • 97O Certificate of compliance  
  • 97P Review of failure or refusal to issue certificate  
  • 97Q Cancellation or amendment of certificate  
  • 97R Register  

PART 5--COMPENSATION

  • 98AAA Part 5 to not apply to inner public purpose land  
  • 98AA Definitions  
  • 98 Right to compensation  
  • 99 When does the right to compensation arise?  
  • 100 Increased compensation for effect on residence  
  • 101 Claim for expenses  
  • 102 What if compensation has been previously paid?  
  • 103 Small claims  
  • 104 Maximum amount of compensation payable  
  • 104A Actual zoning of land may be considered in determining compensation  
  • 105 Land Acquisition and Compensation Act 1986 to apply  
  • 106 Loss on sale  
  • 107 Compensation for removal or lapsing of reservation  
  • 108 Persons who are not eligible to claim compensation  
  • 109 When is compensation payable by other authorities?  
  • 110 Compensation paid to be noted on title  
  • 111 Recovery of compensation previously paid  
  • 112 Reimbursement of compensation paid  
  • 113 Declaration of proposed reservation  

PART 6--ENFORCEMENT AND LEGAL PROCEEDINGS

Division 1--Enforcement orders

  • 114 Application for enforcement order  
  • 115 Notice of application  
  • 116 Determination of Tribunal where no objections  
  • 117 Determination of Tribunal where objections are received  
  • 119 What can an enforcement order provide for?  
  • 120 Interim enforcement orders  
  • 121 Cancellation of enforcement order or interim enforcement order  
  • 122 Offences  
  • 123 Responsible authority may carry out work  
  • 124 Orders to bind future owners and occupiers  
  • 125 Injunctions  

Division 2--Offences and penalties

  • 126 Offence to contravene scheme, permit or agreement  
  • 127 General penalties  
  • 128 Criminal liability of officers of bodies corporate—failure to exercise due diligence  
  • 129 Penalties to be paid to prosecuting authority  
  • 130 Planning infringements  

Division 2A--Order prohibiting the use or development of land under this Act and the Building Act 1993 for period of time

  • 131 Order prohibiting the use or development of land for period of time  
  • 132 Effect of Order  
  • 132A Nothing in Order prevents emergency order  

Division 3--Powers of entry

  • 133 Powers of entry  
  • 134 What must be done before entry?  
  • 135 Powers of authorised persons who enter land  
  • 136 Police to assist authorised persons  
  • 137 Offence to obstruct  
  • 138 No legal proceedings against authorised persons  

Division 4--Evidence and notices

  • 139 Evidence of ownership  
  • 140 Proof of existence and contents of planning scheme  
  • 141 Evidence of planning scheme provisions and permits  
  • 142 Evidence of agreements under section 173  
  • 143 Constitution and procedure of planning authority or responsible authority  
  • 144 Evidence of minutes  
  • 145 Notices and service of orders  
  • 146 Copies of schemes and amendments  
  • 147 General provisions  

Division 5--Applications to Tribunal

  • 148 Definitions  
  • 149 Application for review  
  • 149A Application by certain persons for declarations  
  • 149B General application for declaration  
  • 150 Tribunal orders in relation to proceedings  

PART 7--ADVISORY COMMITTEES

  • 151 Advisory committees  
  • 152 Powers of advisory committee  

PART 8--PANELS

Division 1--Appointment of panels

  • 153 Appointment of panels  
  • 154 Composition of panels  
  • 155 Chairperson  
  • 156 Costs and expenses of panel  
  • 157 Panels with more than one member  
  • 158 Planning authority to provide assistance  
  • 158AA Terms of reference for panels relating to Suburban Rail Loop program  

Division 1A--Directions panel

  • 158A Appointment of directions panel  
  • 158B Directions by directions panel  

Division 2--Hearings

  • 159 Directions about hearings  
  • 160 Hearings to be in public  
  • 160A Hearings may be conducted in person or by audio link or audio visual link  
  • 161 General procedure for hearings  
  • 162 Who may appear before a panel?  
  • 163 Effect of failure to attend hearing  
  • 164 Panel may hear two or more submissions together  
  • 165 Adjournment of hearings  
  • 166 Technical defects  
  • 167 Panel may regulate its own proceedings  
  • 168 Panel may take into account any relevant matter  
  • 169 Offences  
  • 170 Immunity for panel members  

PART 9--ADMINISTRATION

Division 1--General powers

  • 171 Powers of responsible authority  
  • 172 Powers of compulsory acquisition  

Division 1A--Compulsory acquisition of public purpose land specified in infrastructure contributions plans

Division 2--Agreements[25]

  • 173 Responsible authority may enter into agreements  
  • 174 Form and contents of agreement  
  • 175 Bonds and guarantees  
  • 176 When does an agreement begin?  
  • 177 When does an agreement end?  
  • 178 Amendment of agreements  
  • 178A Proposal to amend or end agreement  
  • 178B Matters to be considered in considering proposal to amend or end agreement  
  • 178C Notice of proposal  
  • 178D Objections and submissions to responsible authority  
  • 178E Decision to amend or end agreement  
  • 178F Notice of decision to amend or end agreement  
  • 178G Copy of amended agreement to be given to parties  
  • 178H Responsible authority may require payment of costs  
  • 178I When does the amendment or ending of an agreement take effect?  
  • 179 Responsible authority to keep and make available a copy of agreement  
  • 180 Agreement may not breach planning scheme  
  • 181 Recording of agreement  
  • 182 Effect of recording  
  • 182A New parties to an agreement  
  • 183 Cancellation or alteration of recording  
  • 184 Application to Tribunal  
  • 184A Application to Tribunal by applicant in relation to decisions under Subdivision 2  
  • 184B Application to Tribunal by party to agreement  
  • 184C Application to Tribunal by objector  
  • 184D Application to Tribunal by affected person  
  • 184E Objectors entitled to notice  
  • 184F Application to amend or end agreement may be determined after application for review lodged  
  • 184G Determination of application  

Division 3--Powers of Minister

  • 185 Inquiry powers  
  • 185A Expedition of planning process  
  • 185B Power to request contact details  

Division 4--Delegation

  • 186AA Interpretation  
  • 186 Minister may delegate some powers  
  • 187 Secretary may delegate powers to employees  
  • 188 Planning authorities and responsible authorities may delegate powers  
  • 188A Victorian Planning Authority may delegate powers  
  • 189 Minister may delegate to advisory committees and regional planning authorities  
  • 190 Minister may delegate administration of planning schemes  

Division 5--Hearings

  • 191 Appointment of committee  
  • 192 Who may be on the committee?  
  • 193 Who may attend the hearing?  
  • 194 Functions of committee  
  • 195 Effect of hearing  
  • 196 Fees and allowances  

Division 6--Time

  • 197 Expedition  

Division 6A--Publication and inspection of documents and register requirements

Division 7--Planning certificates

  • 198 Application for planning certificate  
  • 199 Planning certificates  
  • 200 Certificate to be proof of certain matters  
  • 201 Underlying zoning  

Division 8--Change of responsible authority or area

  • 201A What if the responsible authority changes?  
  • 201B What if area of planning scheme changes?  
  • 201C Changes to schemes arising from changes to municipal boundaries  
  • 201CA Change in boundary of Port of Melbourne Area  

Division 9--Supreme Court--limitation of jurisdiction

  • 201D Supreme Court—limitation of jurisdiction[26]  

PART 9A--PROJECTS OF STATE OR REGIONAL SIGNIFICANCE

  • 201E Definitions  
  • 201F Declaration of project  
  • 201G Delegation  
  • 201H Acquisition by agreement  
  • 201I Powers of compulsory acquisition  
  • 201J Secretary's powers to dispose of land  
  • 201K Recommendation of closure of roads  
  • 201L Order for closure of road  
  • 201M Temporary closure of road  
  • 201N Recommendation for removal of easements and restrictions  
  • 201O Order for removal of easement or restriction  
  • 201P Compensation  
  • 201Q Action by Registrar of Titles and Registrar-General  

PART 9B--GROWTH AREAS INFRASTRUCTURE CONTRIBUTION

Division 1--Introductory

Division 2--Imposition of growth areas infrastructure contribution

  • 201S Imposition of growth areas infrastructure contribution  
  • 201SA Circumstances where GAIC not imposed  
  • 201SB Liability for GAIC taken not to have arisen in certain circumstances  
  • 201SC Liability for GAIC arising when GAIC event occurs  
  • 201SD Liability for GAIC arising after GAIC event occurs  
  • 201SE Time of occurrence of GAIC event  
  • 201SF Persons liable to pay GAIC  
  • 201SG Amount of GAIC  
  • 201SGA Apportionment of GAIC on issue of statement of compliance  
  • 201SH Minister may fix lower increase in GAIC  
  • 201SI Governor in Council may fix lower GAIC  
  • 201SJ Instrument or statement must be lodged evidencing dutiable transaction  
  • 201SK Acquisition statement  
  • 201SL When and to whom the GAIC is payable  
  • 201SLA Refund of GAIC if land no longer in contribution area  
  • 201SLB Minister may enter into agreements  
  • 201SLC Matters to be included in a work-in-kind agreement  
  • 201SLD Work-in-kind agreement may contain restriction on land dealings  
  • 201SLE Copy of work-in-kind agreement must be given to Commissioner and Victorian Planning Authority  
  • 201SLF Amendment of work-in-kind agreement  
  • 201SLG Ending of work-in-kind agreement  
  • 201SLH Work-in-kind agreements to be recorded by Registrar of Titles  
  • 201SLI Restrictions on dealings with land  
  • 201SLJ Entering into a work-in-kind agreement does not discharge GAIC  
  • 201SLK Person must notify the Victorian Planning Authority of performance of agreement  
  • 201SLL Victorian Planning Authority must determine whether agreement has been performed  
  • 201SLM Performance of work-in-kind agreement taken to be payment of GAIC  
  • 201SLN Person in default if work-in-kind agreement not performed by due date  
  • 201SM Person may elect to defer payment of GAIC  
  • 201SMAA Liability to pay deferred GAIC in relation to subsequent dutiable transactions  
  • 201SMA Indexation and interest applying to deferred GAIC  
  • 201SN Method of calculating indexation of deferred GAIC  
  • 201SO Interest payable on deferred GAIC  
  • 201SOA Remission of interest by Commissioner  
  • 201SOB Removal of liability for GAIC if land ceases to be in contribution area  
  • 201SOC Apportionment of GAIC on issue of statement of compliance  
  • 201SP Deferred GAIC and interest must be paid to Commissioner by due date  
  • 201SPAA Time for payment of apportioned and deferred GAIC on public purpose land subdivision  
  • 201SPA Default on payment of deferred GAIC  
  • 201SQ Deferred GAIC becomes a charge on the land  
  • 201SR Approval by Minister for staged payment of GAIC for subdivisions or building works  
  • 201SRA Subsequent owner of land in respect of which approval granted liable to pay GAIC  
  • 201SS Time for paying GAIC does not apply if approval for staged payment  
  • 201ST Interest payable on GAIC subject to staged payment  
  • 201SU Minister must give person notice of staged payment approval  
  • 201SV Staged payment approval payments to be paid to Commissioner  
  • 201SW GAIC subject to staged payment is a charge on land  
  • 201SX Commissioner to give certain certificates to persons relating to their GAIC liability  
  • 201SY Certificate of release  
  • 201SZ Certificate of deferral  
  • 201SZA Certificate of staged payment approval  
  • 201SZB Certificate of partial release  
  • 201SZC Certificate of exemption  
  • 201SZD Certificate of no GAIC liability  
  • 201SZE Certificates issued under this Subdivision  
  • 201SZF GAIC certificate  
  • 201SZG Notice to Registrar regarding registration of subdivision or transfer of land  
  • 201SZH Commissioner may seek assistance for issuing certificates  
  • 201SZI Certificate not to be taken as an assessment  
  • 201SZJ Commissioner to pay GAIC into Consolidated Fund  

Division 3--Exemptions and reductions of GAIC liability

  • 201TA Exemption from paying GAIC if no consideration  
  • 201TB Exemption from paying GAIC if duties exemption would apply  
  • 201TC Exemption from paying GAIC for land dealings involving public authorities and councils  
  • 201TD Exemption for transfer of land by owner to superannuation fund or to beneficiaries  
  • 201TE Governor in Council may grant reduction or exemption of GAIC in certain circumstances  
  • 201TF Reduction of GAIC if agreement to provide State infrastructure or funds  
  • 201TG Notice of determination of application  

Division 4--Powers and duties ofVictorian Planning Authority, Commissioner and Registrar of Titles regarding GAIC

Division 5--Growth areas funds

PART 10--REGULATIONS

  • 202 General regulation-making powers  
  • 203 Fees regulations  

PART 11--REPEALS, TRANSITIONAL AND SAVINGS

  • 206 Savings generally  
  • 207 Schemes and orders  
  • 208 Permits  
  • 211 Savings for permits issued in accordance with revoked scheme or order  
  • 212 Savings for appeals determined in accordance with revoked scheme or order  
  • 213 Transitional provisions  
  • 214 Transitional provisions  
  • 215 Transitional—Planning and Environment (General Amendment) Act 2004  
  • 216 Transitional—Amendment of permits  
  • 217 Transitional—Planning and Environment Amendment Act 2007  
  • 218 Transitional provisions—Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011  
  • 220 Transitional provisions—Duties Amendment (Landholder) Act 2012  
  • 220A Transitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013  
  • 220B Transitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013  
  • 221 Transitional provisions—Planning and Environment Amendment (General) Act 2013  
  • 222 Transitional provisions—State Taxation Acts Further Amendment Act 2016  
  • 223 Transitional provisions—Victorian Planning Authority Act 2017  
  • 225 Transitional provision—Project Development and Construction Management Amendment Act 2020  
  • 226 Transitional provisions about publication and inspection requirements—Planning and Environment Amendment Act 2021  
  • 227 Transitional provision about directions—Planning and Environment Amendment Act 2021  
  • 228 Transitional and savings provisions—Building and Planning Legislation Amendment Act 2023  
  • 229 Transitional provisions—State Taxation Acts Amendment Act 2023  

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