Division 6—Powers of Minister in relation to applications 170 97A Definition 170 97B Call in power 170 97C Request by responsible authority 171 97D Referral of applications to Minister 171 97E Panel 172 97F Decision of Minister 173 97G Notice of availability 173 97H Effect of issue of permit 174 97I Application for amendment of permit 175 97J Decision on amendment 176 97K Notice of decision 176 97L Register 176 97M Provisions of Act not to apply 177 178 Division 1—General 178 97MA Definitions 178 Division 2—Establishment and functions of DACs 181 97MB Governor in Council may establish development assessment committees 181 97MC Variation or revocation of order establishing DAC 182 97MCA Referral to Advisory Committee 182 97MD Functions of a DAC 183 97ME Applications to be considered by a DAC 184 97MF Powers of a DAC 184 97MG Responsible authority to provide documents and information to DAC 184 97MH Responsible authority to provide assistance to DAC 185 97MJ Decision of DAC taken to be decision of responsible authority 185 Division 3—Membership of DAC 186 97MK Members 186 97ML Alternate members 187 97MM Removal, suspension or resignation of members 188 97MN Vacancies 188 97MO Minister to publish details of members 189 97MP Conditions of membership 189 97MQ Payment of members 189
(2) In its report, the panel may make any recommendation it thinks fit. S. 25(3) inserted by No. 77/1996 s. 12(4). (3) A panel must not make a recommendation that an amendment be adopted with changes to the terms of any State standard provision to be included in the planning scheme. S. 25(4) inserted by No. 77/1996 s. 12(4). (4) Despite subsection (3), a panel may make a recommendation that an amendment provide for a State standard provision to be included in or deleted from the planning scheme. S. 25A inserted by No. 77/1996 s. 13. 25A Recommendation by panel to Minister (1) The panel may recommend to the Minister that an amendment be prepared to the Victoria Planning Provisions. (2) Subsection (1) does not apply if the Minister is the planning authority. S. 26 substituted by No. 5/1988 s. 4. 26 Reports to be made public s. 25A (1) The planning authority may make the panel's report available at its office during office hours for any person to inspect free of charge at any time after the planning authority receives the report and must make it so available forthwith if— (a) the planning authority has decided whether or not to adopt the amendment; or (b) 28 days have elapsed since it received the panel's report. (2) A report made available for inspection under subsection (1) must be kept available for inspection until the end of two months after the amendment comes into operation or lapses.
(i) whether or not the amendment or part has lapsed; and (ii) if relevant, of any longer period allowed under subsection (1)(a)(ii); and (b) confirm the information in writing if so requested. S. 31 amended by No. 128/1993 s. 8(a). 31 Planning authority to submit amendment to Minister s. 31 (1) A planning authority other than the Minister must submit an adopted amendment to the Minister together with the prescribed information. S. 31(2) inserted by No. 128/1993 s. 8(b). (2) If a planning authority did not give notice of the amendment under section 19(1)(b) for the reasons set out in section 19(1A), the planning authority must inform the Minister of this when submitting the adopted amendment under subsection (1) and give the Minister details of the steps taken under section 19(1B) in respect of the amendment. S. 31(3) inserted by No. 81/2004 s. 8. (3) This section and sections 32 to 35 do not apply to an amendment if a planning authority is authorised under section 11 to approve that amendment. 32 More notice s. 32 (1) The Minister may direct the planning authority to give more notice of the amendment if the Minister thinks that the notice which the planning authority gave was inadequate, even if the planning authority has complied with section 19. (2) The planning authority must give the notice of the amendment required by the Minister and comply again with sections 21 to 31 in relation to all matters after the giving of notice. 33 Notice of changes
Division 5—Special provisions 43 Roads on Crown land (1) Any unalienated Crown land forming the whole or part of a road which is closed by an amendment to a planning scheme vests in the Minister administering the Land Act 1958 upon the publication of the notice of approval of the amendment in the Government Gazette if it is not already vested in that Minister. (2) The Minister administering the Land Act 1958 may alienate any land vested in the Minister under subsection (1) by public auction, private agreement or otherwise and subject to any terms and conditions the Minister thinks fit. 44 Roads on land other than Crown land s. 44 (1) Any land in a road which is closed by an amendment to a planning scheme vests in— (a) the municipal council in whose municipal district the land is situated; or (b) the Minister, if the land is not in a municipal district; or S. 44(1)(c) amended by No. 12/2004 s. 166(a). (c) the Minister administering the Road Management Act 2004 despite anything to the contrary in paragraph (a) or (b), if the road was— S. 44(1)(c)(i) amended by No. 12/2004 s. 166(b). (i) a freeway or an arterial road within the meaning of that Act; or S. 44(1)(c)(ii) amended by No. 44/1989 s. 41(Sch. 2 item 31). (ii) vested in the Roads Corporation— upon the publication of the notice of approval of the amendment in the
Division 1—Introductory S. 46AA inserted by No. 43/2003 s. 3. 46AA What is a metropolitan fringe planning scheme? s. 46AA For the purposes of this Part, a metropolitan fringe planning scheme is a planning scheme applying to the municipal district of any of the following municipal councils— (a) Brimbank City Council; (b) Cardinia Shire Council; (c) Council; (d) Frankston City Council; (e) Greater Dandenong City Council; (f) Hobsons Bay City Council; (g) Council; (h) Council; (i) Council; (j) Manningham City Council; (k) Maroondah City Council; (l) Melton Shire Council; (m) Shire Council; (n) Nillumbik Shire Council; (o) Whittlesea City Council; (p) Wyndham City Council; (q) Yarra Ranges Shire Council.
S. 46AQ inserted by No. 33/2006 s. 5. 46AQ Growth Areas Authority (1) The Growth Areas Authority is established. (2) The Growth Areas Authority— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name; and (d) is capable of acquiring, holding and disposing of property; and (e) subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The common seal of the Growth Areas Authority can only be used in a way approved by the Growth Areas Authority. (4) All courts and persons acting judicially must take judicial notice of the imprint of the common seal of the Growth Areas Authority on a document and, until the contrary is proved, must presume that the document was properly sealed. S. 46AR inserted by No. 33/2006 s. 5. 46AR Objectives s. 46AR The objectives of the Growth Areas Authority are— (a) to ensure that development in growth areas occurs in a coordinated and timely manner; S. 46AR(aa) inserted by No. 6/2010 s. 25(5)(Sch. 2 item 10.2) (as amended by No. 45/2010 s. 6). (aa) to integrate land use and transport to enable the coordinated provision of a sustainable transport system for the benefit of the community;
(c) to any person to whom the planning scheme requires it to give notice; and S. 52(1)(ca) inserted by No. 100/2000 s. 7(1). (ca) to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of land benefited by a registered restrictive covenant, if anything authorised by the permit would result in a breach of the covenant; and S. 52(1)(cb) inserted by No. 100/2000 s. 7(1), amended by No. 10/2005 s. 3(Sch. 1 item 17.2). (cb) to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of land benefited by a registered restrictive covenant, if the application is to remove or vary the covenant; and s. 52 (d) to any other persons, if the responsible authority considers that the grant of the permit may cause material detriment to them. S. 52(1AA) inserted by No. 100/2000 s. 7(2). (1AA) If an application is made for a permit to remove or vary a registered restrictive covenant or for a permit which would authorise anything which would result in a breach of a registered restrictive covenant, then unless the responsible authority requires the applicant to give notice, the responsible authority must give notice of the application in a prescribed form— (a) by placing a sign on the land which is the subject of the application; and (b) by publishing a notice in a newspaper generally circulating in the area in which that land is situated.
62 What conditions can be put on permits? s. 62 (1) In deciding to grant a permit, the responsible authority must— (a) include any condition which the planning scheme or a relevant referral authority requires to be included; and S. 62(1)(aa) inserted by No. 100/2000 s. 10(1). (aa) if the grant of the permit would authorise anything which would result in a breach of a registered restrictive covenant, include a condition that the permit is not to come into effect until the covenant is removed or varied; and S. 62(1)(b) amended by No. 100/2000 s. 10(2). (b) not include additional conditions which conflict with any condition included under paragraph (a) or (aa). (2) The responsible authority may include any other condition that it thinks fit including— S. 62(2)(a) amended by No. 86/1989 s. 25(b). (a) a condition that specified things are to be done to the satisfaction of the responsible authority a Minister, public authority, municipal council or referral authority; and (b) a condition that the permit is not to come into effect unless a specified permit is cancelled or amended; and (c) in relation to a permit for a use for a specified time, a condition that— (i) any development carried out on the land under the permit is to be removed at the end of the specified time; or (ii) the land is to be restored to a specified state at the end of the specified time; and
(i) must (where appropriate) have regard to any amendment to the approved regional strategy plan under Part 3A adopted under this Act but not, as at the date on which the application for review is determined, approved by the Minister; (j) must (where appropriate) have regard to any amendment to the approved strategy plan under Part 3C adopted under this Act but not, as at the date on which the application for review is determined, approved by the Minister; S. 84B(2)(ja) inserted by No. 44/2005 s. 5(b). (ja) must (where appropriate) have regard to any amendment to the approved strategy plan under Part 3D adopted under this Act but not, as at the date on which the application for review is determined, approved by the Minister; (k) must take account of any other matter which the Tribunal is required by the provisions of this Act or any other Act to take account of in determining the application for review. 85 Determination of appeal S. 85(1) amended by No. 52/1998 s. 191(9)(a)(i). (1) After hearing an application for review, the Tribunal may— s. 85 (a) direct that a permit must not be granted; or S. 85(1)(b) substituted by No. 86/1989 s. 14(1), amended by No. 52/1998 s. 191(9)(a)(ii). (b) in the case of an application for review of a refusal or failure to grant or a decision to grant a permit— (i) grant the permit and direct the responsible authority to issue it; or (ii) grant the permit, direct that the permit must or must not contain any specified conditions and direct the responsible authority to issue the permit; or
S. 97MA(1) def. of DAC application amended by No. 58/2010 s. 37(1)(b). DAC application, in relation to a DAC, means an application for a permit or an amendment to a permit that the DAC is required to consider and decide under section 97MD; S. 97MA(1) def. of operational area repealed by No. 58/2010 s. 37(1)(c). * * * * * S. 97MA(1) def. of Relevant Activity Area substituted by No. 58/2010 s. 37(1)(d). Relevant Activity Area means the land within a suburb set out in Column 1 of the following Table that falls within the municipal district of the corresponding municipal council set out in Column 2 of the Table— Column 1 Suburb Column 2 Municipal council Airport West Council Box Hill City Council Broadmeadows Hume City Council Camberwell Boroondara City Council City Council Moreland City Council Cranbourne Casey City Council Dandenong Greater Dandenong City Council Manningham City Council Epping Whittlesea City Council s. 97MA Footscray Maribyrnong City Council
require a permit or is prohibited under the planning scheme. S. 97P inserted by No. 128/1993 s. 23. 97P Appeal against failure or refusal to issue certificate s. 97P S. 97P(1) amended by No. 52/1998 s. 191(13)(a)(i). (1) An applicant for a certificate may apply to the Tribunal for review of— (a) a decision by the responsible authority to refuse to issue a certificate of compliance; or (b) the failure of the responsible authority to issue the certificate within the prescribed time. S. 97P(2) amended by No. 52/1998 s. 191(13) (a)(ii). (2) After hearing an application, the Tribunal may— (a) direct that a certificate must not be issued; or (b) direct the responsible authority to issue the certificate. S. 97P(3) amended by No. 52/1998 s. 191(13) (a)(iii). (3) The responsible authority must comply with the directions of the Tribunal. S. 97Q inserted by No. 128/1993 s. 23. 97Q Cancellation or amendment of certificate s. 97Q S. 97Q(1) amended by No. 52/1998 s. 191(1). (1) Any person may request the Tribunal to cancel or amend a certificate of compliance issued under this Part if the person believes that the person has been adversely affected by a material misstatement or concealment of fact in relation to the application for the certificate or a material mistake in relation to the issue of the certificate. S. 97Q(2) amended by No. 52/1998 s. 191(1). (2) The Tribunal must give the following persons the opportunity to be heard at the hearing of any request—
142 Evidence of agreements under section 173 s. 142 (1) In any proceedings under this Act a statement in writing appearing to be signed by the secretary of the responsible authority to the effect that at a specified date an agreement or agreements entered into by a responsible authority under section 173 and identified in the statement were in operation in respect of the land described in the statement is evidence of the matters stated. (2) In any proceedings, the production of a document purporting to be a true copy of an agreement entered into by the responsible authority under section 173 and appearing to be certified by the secretary of the authority to be a true copy of the agreement is to be treated as a true copy until the contrary is proved. 143 Constitution and procedure of planning authority or responsible authority Until evidence is given to the contrary, no proof is required in any proceedings under this Act— (a) of the proper constitution of a planning authority or responsible authority or of its membership; or (b) that a planning authority is the relevant planning authority for the purposes of this Act; or (c) that a responsible authority is the relevant responsible authority for the purposes of this Act; or (d) of any order or direction to prosecute or of the particular or general appointment of an officer of a responsible authority to take proceedings against any person; or (e) of the power of any officer of a responsible authority to prosecute; or
S. 156(4) inserted by No. 86/1989 s. 21(1), amended by No. 22/1996 s. 17(3). (4) If, when asked, a person does not agree to contribute to the amount required to be paid by the planning authority, the planning authority may abandon the amendment or a part of it without referring submissions to a panel. S. 157 substituted by No. 128/1993 s. 28. 157 Panels with more than one member s. 157 The following provisions apply to panels with more than one member— (a) in the case of a panel of 2 members, the chairperson constitutes a quorum; (b) in the case of a panel of more than 2 members, a quorum is half the number of members constituting the panel and, if this would not be a whole number, the next highest whole number; (c) the members of a panel of more than 2 members may appoint a member to act as chairperson at a meeting of the panel if the chairperson is unable to attend; (d) the chairperson has an additional or casting vote if there is an equality of votes at a meeting of the panel; (e) if there is a quorum, the panel may act despite a vacancy in its membership; (f) the Minister may appoint another member to a panel if there is a vacancy. 158 Planning authority to provide assistance s. 158 The relevant planning authority must provide a panel with any secretarial and other assistance that the panel requires to carry out its functions under this Part. Division 2—Hearings 159 Directions about hearings
Registrar of Titles may make any amendment in that description or folio which is in his or her opinion necessary or desirable. S. 201Q(5) repealed by No. 85/1998 s. 24(Sch. item 45.10). * * * * * s. 201Q _______________ Pt 9B (Heading and ss inserted by No. 23/2010 s. 9. Division 1—Introductory Subdivision 1—Definitions S. 201R inserted by No. 23/2010 s. 9. 201R Definitions s. 201R In this Part— associated person has the same meaning as in section 3(1) of the Duties Act 2000; building permit has the same meaning as in Part 3 of the Building Act 1993; building work has the same meaning as in section 3(1) of the Building Act 1993; Central Plan Office means the Central Plan Office of the Department of Sustainability and Environment; certificate of deferral has the meaning set out in section 201SZ; certificate of exemption has the meaning set out in section 201SZC; certificate of no GAIC liability has the meaning set out in section 201SZD; INFRASTRUCTURE CONTRIBUTION
growth areas infrastructure contribution means a contribution imposed under section 201S; investigation area means an area of land described in Part 2 of Schedule 1; land rich landholder means a landholder that is land rich for the purposes of section 71 of the Duties Act 2000; lot has the same meaning as in section 3(1) of the Subdivision Act 1988; S. 201R def. of plan of subdivision inserted by No. 31/2011 s. 4(2). plan of subdivision has the same meaning as in section 3(1) of the Subdivision Act 1988; precinct structure plan in relation to land means a precinct structure plan which has been incorporated by the planning scheme applying to that land; precinct structure plan area means an area or areas of land to which a precinct structure plan applies; relevant building surveyor has the same meaning as in section 3(1) of the Building Act 1993; relevant day means— s. 201R (a) in the case of type A land or type B1 land, the first announcement day; (b) in the case of type B-2 land, the second announcement day; (c) in the case of type C land, the day on which the land became type C land; second announcement day means 19 May 2009; Note
(2) Despite subsection (1), a person remains liable under the work-in-kind agreement to perform the obligations under the agreement. Subdivision 3—Deferral of GAIC S. 201SM inserted by No. 23/2010 s. 9. 201SM Person may elect to defer payment of GAIC s. 201SM S. 201SM(1) substituted by No. 31/2011 s. 10(1). (1) Subject to subsection (2), a person who is liable to pay a growth areas infrastructure contribution imposed in respect of a dutiable transaction relating to land may elect to defer the payment of up to 100% of that contribution. S. 201SM(2) amended by No. 31/2011 s. 10(2). (2) A person who is liable to pay a growth areas infrastructure contribution under section 201SMAA may elect to defer the payment of the whole of that contribution. (3) An election must be made to the Commissioner— (a) in a form approved by the Commissioner; and (b) before the day on which the contribution is payable. (4) An election to defer the payment of the whole or part of a growth areas infrastructure contribution under subsection (1) takes effect from the time that the liability to pay the contribution arises. S. 201SM(5) amended by No. 31/2011 s. 10(3). (5) An election to defer the payment of a growth area infrastructure contribution under subsection (2) takes effect from the time the liability to pay the contribution arises in accordance with section 201SMAA(5). (6) A person who has deferred the payment of part of a growth areas infrastructure contribution under this section must pay the part of the contribution
S. 203(1)(ab) inserted by No. 23/2010 s. 11. (ab) certificates relating to growth areas infrastructure contributions issued under Subdivision 5 of Division 2 of Part 9B; and S. 203(1)(ac) inserted by No. 23/2010 s. 11. (ac) any matter relating to a function or duty performed by the Registrar of Titles under Part 9B; and (b) considering applications for permits; and S. 203(1)(ba) inserted by No. 128/1993 s. 36(a). (ba) considering applications for certificates of compliance; and S. 203(1)(c) amended by No. 86/1989 s. 21(2). (c) amendments to planning schemes including but not limited to— (i) considering proposals for amendment; and (ii) any stage in the amendment process; and (iii) considering whether or not to approve the amendment; and (d) giving notice of permit applications; and S. 203(1)(e) amended by No. 128/1993 s. 36(b). (e) determining whether anything has been done to the satisfaction of a responsible authority, Minister, public authority, municipal council or a referral authority; and s. 203 (f) providing maps showing the location of boundaries in a planning scheme; and (g) any other thing for which fees are authorised or required to be prescribed under this Act. (2) A regulation under subsection (1) may— S. 203(2)(a) amended by No. 86/1989 s. 21(3)(a). (a) prescribe different fees for different cases or classes of cases; and
__________________ Sch. amended by Nos 5/1988 s. 9(a)–(c), 53/1988 s. 45(Sch. 3 item 58) (as amended by No. 47/1989 s. 23(2)), 86/1989 s. 29(8), repealed by No. 86/1989 s. 24, new Sch. inserted as Sch. 1 by No. 23/2010 s. 13. SCHEDULE 1 Sch. 1 PART 1 GENERAL 1 Definitions In this Schedule, words and expressions have the same meanings as they have in Part 9B. 2 Section 201R INVESTIGATION AREAS 2 Investigation areas For the purposes of Part 9B, the following areas of land are investigation areas— (a) investigation area 1—the area of land in the municipal district of Casey City Council shown as the investigation area on the plan lodged in the Central Plan Office and numbered LEGL./09-311; (b) investigation area 2—the area of land in the municipal district of Hume City Council shown as the investigation area on the plan lodged in the Central Plan Office and numbered LEGL./09-312; (c) investigation area 3—the area of land in the municipal district of Melton Shire Council shown as the investigation area on the plan lodged in the Central Plan Office and numbered LEGL./09-313;
Assent Date: 2.6.98 Commencement Date: Ss 182–192 on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment (Amendment) Act 1998, No. 72/1998 Assent Date: 4.11.98 Commencement Date: Ss 3–8 on 3.12.98: Government Gazette 26.11.98 p. 2851 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Transfer of Land (Single Register) Act 1998, No. 85/1998 Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 45) on 1.1.99: s. 2(3) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Liquor Control Reform Act 1998, No. 94/1998 Assent Date: 24.11.98 Commencement Date: S. 183(Sch. 4 item 3) on 17.2.99: Special Gazette (No. 22) 16.2.99 p. 3 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Licensing and Tribunal (Amendment) Act 1998, No. 101/1998 Assent Date: 1.12.98 Commencement Date: S. 27 on 1.2.99: Government Gazette 24.12.98 p. 3204 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment (Amendment) Act 2000, No. 28/2000 Assent Date: 30.5.00 Commencement Date: Ss 3–11 on 31.5.00: s. 2(1) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Endnotes Planning and Environment (Restrictive Covenants) Act 2000, No. 100/2000 Assent Date: 12.12.00 Commencement Date: 13.12.00: s. 2 : All of Act in operation Planning and Environment (Metropolitan Green Wedge Protection) Act 2003, No. 43/2003