Planning and Environment Act 1987 - Victorian Legislation and ...

Version No. 084
Planning and Environment Act 1987 Act No. 45/1987 Version incorporating amendments as at 11 October 2006
table of provisions
Section Page Part 1-Preliminary 1 1. Purpose 1
2. Commencement 1
3. Definitions 1
4. Objectives 7 Part 1A-Victoria Planning Provisions 10 4A. Victoria Planning Provisions 10
4B. Amendment of Victoria Planning Provisions 10
4C. Approval of amendment 11
4D. Notice of approval 11
4E. Commencement 11
4F. Application of planning scheme provisions to amendments to VPPs 12
4G. Lodging of Victoria Planning Provisions and approved amendments 12
4H. Who must keep a copy of an approved amendment available
for inspection? 12
4I. Who must keep up to date copy of Victoria Planning
Provisions? 13
4J. Amendment of planning schemes by Victoria Planning Provisions 13 Part 2-Planning Schemes 15 5. What are the planning schemes to which this Act applies? 15
6. What can a planning scheme provide for? 15
6A. Easements, restrictions etc. 19
7. Structure of planning schemes 21
8. Minister is planning authority 22
9. Authorised persons and bodies are planning authorities 23
10. Restrictions and powers relating to the preparation of amendments 24
11. Minister may authorise planning authority to approve
amendment 24
12. What are the duties and powers of planning authorities? 26
12A. Municipal strategic statements 27
12B. Review of planning schemes 28
13. Responsible authority 29
14. What are the duties of a responsible authority? 29
15. Changes in boundaries 30
16. Application of planning scheme 31 Part 3-Amendment of Planning Schemes 32 Division 1-Exhibition and Notice of Amendment 32 17. Copies of amendment to be given to certain persons 32
18. Availability of amendment 32
19. What notice of an amendment must a planning authority give? 33
20. Exemption from giving notice 35 Division 2-Public Submissions about an Amendment 37 21. Who may make a submission? 37
21A. Joint submissions 37
22. Planning authority to consider submissions 38
23. Decisions about submissions 39
24. Hearing by panel 40
25. Report by panel 40
25A. Recommendation by panel to Minister 40
26. Reports to be made public 41
27. Planning authority to consider panel's report 41
28. Abandonment of amendment 42 Division 3-Adoption and Approval of Amendment 42 29. Adoption of amendment 42
30. When does an amendment lapse? 42
31. Planning authority to submit amendment to Minister 43
32. More notice 44
33. Notice of changes 44
34. Submissions 44
35. Approval of amendment by Minister 45
35A. Approving planning authority to first seek certification of Secretary
46
35B. Approval of amendment by planning authority 46
36. Notice of approval 47
37. Commencement of amendment 47
38. Parliament may revoke an amendment 47
39. Defects in procedure 49 Division 4-Availability of Approved Amendments and Schemes 51 40. Lodging of approved amendment 51
41. Who must keep a copy of an approved amendment for inspection? 52
42. Who must keep an up to date copy of a planning scheme? 52 Division 5-Special Provisions 52 43. Roads on Crown land 52
44. Roads on land other than Crown land 53
45. Effect on easements for public utilities 54
46. Planning schemes may apply to reserved land 55 Part 3AA-Metropolitan Green Wedge
Protection 56 Division 1-Introductory 56 46AA. What is a metropolitan fringe planning scheme? 56
46AB. What is an urban growth boundary? 57
46AC. What is green wedge land? 57 Division 2-Repealed 57 46AD, 46AE. Repealed 57 Division 3-Ratification by Parliament for Amendments to Planning Schemes
57 46AF. To which amendments does this Division apply? 57
46AG. Ratification by Parliament required for amendments to which this
Division applies 58
46AH. Procedure for ratification 58
46AI. Notice of ratification 59
46AJ. When does a ratified amendment commence? 59
46AK. When does an amendment lapse? 59
46AL. Application of sections 40, 41 and 42 59
46AM. Application of Division 5 of Part 4 60 Part 3AAB-Growth Areas Authority 61 Division 1-Introduction 61 46AN. Definitions 61
46AO. What is a growth area? 61
46AP. What is a growth area council? 62 Division 2-Growth Areas Authority 62 46AQ. Growth Areas Authority 62
46AR. Objectives 63
46AS. Functions 63
46AT. Powers 64
46AU. Minister may give directions to the Growth Areas
Authority 64
46AV. Members 64
46AW. Chairperson and Deputy Chairperson 65
46AX. Conditions of appointment of members 65
46AY. Meetings 65
46AZ. Validity of decisions 66
46AZA. Disclosure of interests 67
46AZB. Chief Executive Officer 68
46AZC. Staff 68
46AZD. Power of delegation 68 Division 3-Business Plan 69 46AZE. Annual business plan 69 Division 4-General 70 46AZF. Confidential information 70 Part 3A-Upper Yarra Valley and Dandenong Ranges-Regional Strategy Plan
71 46A. Definitions 71
46B. Saving of approved regional strategy plan and amending plans 72
46C. Amendment of strategy plan 74
46D. Approval of Parliament needed after appointed day 74
46E. Availability of amendment 75
46F. Planning schemes to comply with approved regional strategy plan 76
46G. Works to be in conformity with approved regional strategy plan 76 Part 3B-Development Contributions 77 46H. Definitions 77
46I. Development contributions plan 78
46J. What can a plan provide for? 78
46K. Contents of plan 78
46L. Community infrastructure levy not to exceed maximum 80
46M. Directions 81
46N. Collection of development infrastructure levy 82
46O. Collection of community infrastructure levy 83
46P. Provisions applying to collection of levies 84
46Q. Responsibilities of municipal councils 85
46QA. Responsibilities of collecting agencies 86
46QB. Responsibilities of development agencies 87
46QC. Recovery of levy as debt 89 Part 3C-Melbourne Airport Environs Strategy Plan 90 46R. Definitions 90
46S. Melbourne Airport Environs Area 90
46T. Preparation of strategy plan 91
46U. Approval of Parliament needed 91
46V. Availability of amendment 92
46W. Amendment of approved strategy plan 93
46X. Planning schemes to comply with approved strategy plan 93
46Y. Works to be in conformity with approved strategy plan 93 Part 3D-Williamstown Shipyard Site Strategy Plan 95 46Z. Purpose of Part 95
46ZA. Definitions 95
46ZB. Williamstown Shipyard Site 95
46ZC. Preparation of Williamstown Shipyard Site Strategy Plan 96
46ZD. Procedure for making of Williamstown Shipyard Site Strategy Plan
97
46ZE. Approval of Parliament needed 97
46ZF. Availability of approved strategy plan 98
46ZG. Amendments to approved strategy plan 98
46ZH. Amendment of planning schemes 99 Part 4-Permits 100 Division 1-Permits Required by Planning Schemes 100 47. Applications for permits 100
48. What if the applicant is not the owner? 101
49. Register of applications 101
50. Amendment to application at request of applicant before
notice 102
50A. Amendment of application by responsible authority before
notice 103
51. Applications to be made available to the public 104
52. Notice of application 104
53. What are the duties of applicants? 107
54. More information 108
54A. Applicant may apply for extension of time to provide more information
109
54B. When does an application lapse? 110
55. Application to go to referral authorities 111
55A. Repealed 111
56. Action by referral authority on application 111
57. Objections to applications for permits 112
57A. Amendments to application after notice of application is given
113
57B. Notice of amended application 115
57C. Amended application may go to referral authorities 115
58. Responsible authority to consider all applications 116
59. Time for decision 116
60. What matters must a responsible authority consider? 117
61. Decision on application 121
62. What conditions can be put on permits? 122
63. Grant of permit if no objectors 126
64. Grant of permit if there are objectors 126
65. Refusal of permit 127
66. Notice to referral authority 127
67. When does a permit begin? 128
68. When does a permit expire? 128
69. Extension of time 130
70. Availability of permit 130
71. Correction of mistakes 130 Division 1A-Amendment of Permits by Responsible Authority 131 72. Application for amendment of permit 131
73. What is the procedure for the application? 132
74. Issue of amended permit if no objectors 132
75. Decision to amend permit if there are objectors 132
76. Refusal of amendment 133
76A. Notice to referral authority 133
76B. When does an amendment to a permit begin? 133
76C. Review of decision on amendment 134
76D. Powers of Minister in relation to application 134 Division 2-Reviews by Tribunal 135 77. Appeals against refusal 135
78. Appeals against requirements 135
79. Appeals against failure to grant permit 136
80. Appeals against conditions on permits 136
81. Appeals relating to extensions of time 136
82. Appeals where objectors 137
82A. Appeal by Liquor Licensing Commis