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Authorised Version No. 102 - legislation.vic.gov.au

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 102 Planning and Environment Act 1987 No. 45 of 1987 Authorised Version incorporating amendments as at 1 July 2012 TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 1 Purpose 1 2 Commencement 1 3 Definitions 1 3A Transport Integration Act 2010 7 4 Objectives

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 102 Planning and Environment Act 1987 No. 45 of 1987 Authorised …

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Transcription of Authorised Version No. 102 - legislation.vic.gov.au

1 Authorised by the Chief Parliamentary Counsel i Authorised Version No. 102 Planning and Environment Act 1987 No. 45 of 1987 Authorised Version incorporating amendments as at 1 July 2012 TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 1 Purpose 1 2 Commencement 1 3 Definitions 1 3A Transport Integration Act 2010 7 4 Objectives

2 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?

3 15 6 What can a planning scheme provide for? 15 6A Easements, restrictions etc. 19 7 Structure of planning schemes 20 8 Minister is planning authority 22 8A Municipal councils are planning authorities 22 9 Authorised Ministers and authorities are planning authorities 23 Authorised by the Chief Parliamentary Counsel Section Page ii 10 Restrictions and powers relating to the preparation of amendments 24 11 Minister may authorise planning authority to approve amendment

4 24 12 What are the duties and powers of planning authorities? 25 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 39 23 Decisions about submissions, 39 24 Hearing by panel 40 25 Report by panel 40 25A Recommendation by panel to Minister 41 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?

5 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 Authorised by the Chief Parliamentary Counsel Section Page iii 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?

6 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 Repealed 57 46AC What is green wedge land?

7 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 3 AAB GROWTH AREAS AUTHORITY 61 Division 1 Introduction 61 46AN Definitions 61 46AO What is a growth area?

8 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 64 Authorised by the Chief Parliamentary Counsel Section Page iv 46AT Powers 64 46AU Minister may give directions to the Growth Areas Authority 65 46AV Members

9 65 46AW Chairperson and Deputy Chairperson 65 46AX Conditions of appointment of members 65 46AY Meetings 66 46AZ Validity of decisions 67 46 AZA Disclosure of interests 67 46 AZB Chief Executive Officer 68 46 AZC Staff 69 46 AZD Power of delegation 69 Division 3 Business plan 69 46 AZE Annual business plan 69 Division 4 General 70 46 AZF 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

10 77 46I Development contributions plan 78 46IA Plans not to apply to certain growth area land for provision of State infrastructure 78 46J What can a plan provide for? 78 46K Contents of plan 79 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 Authorised by the Chief Parliamentary Counsel Section Page


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