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  • 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 1PRELIMINARY 1

    1 Purpose 12 Commencement 13 Definitions 13A Transport Integration Act 2010 74 Objectives 7

    PART 1AVICTORIA PLANNING PROVISIONS 10

    4A Victoria Planning Provisions 104B Amendment of Victoria Planning Provisions 104C Approval of amendment 114D Notice of approval 114E Commencement 114F Application of planning scheme provisions to amendments

    to VPPs 124G Lodging of Victoria Planning Provisions and approved

    amendments 124H Who must keep a copy of an approved amendment available

    for inspection? 124I Who must keep up to date copy of Victoria Planning

    Provisions? 134J Amendment of planning schemes by Victoria Planning

    Provisions 13

    PART 2PLANNING SCHEMES 15

    5 What are the planning schemes to which this Act applies? 156 What can a planning scheme provide for? 156A Easements, restrictions etc. 197 Structure of planning schemes 208 Minister is planning authority 228A Municipal councils are planning authorities 229 Authorised Ministers and authorities are planning authorities 23

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    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? 2512A Municipal strategic statements 2712B Review of planning schemes 2813 Responsible authority 2914 What are the duties of a responsible authority? 2915 Changes in boundaries 3016 Application of planning scheme 31

    PART 3AMENDMENT OF PLANNING SCHEMES 32

    Division 1Exhibition and notice of amendment 32

    17 Copies of amendment to be given to certain persons 3218 Availability of amendment 3219 What notice of an amendment must a planning authority give? 3320 Exemption from giving notice 35

    Division 2Public submissions about an amendment 37

    21 Who may make a submission?, 3721A Joint submissions 3722 Planning authority to consider submissions 3923 Decisions about submissions, 3924 Hearing by panel 4025 Report by panel 4025A Recommendation by panel to Minister 4126 Reports to be made public 4127 Planning authority to consider panel's report 4128 Abandonment of amendment 42

    Division 3Adoption and approval of amendment 42

    29 Adoption of amendment 4230 When does an amendment lapse? 4231 Planning authority to submit amendment to Minister 4332 More notice 4433 Notice of changes 4434 Submissions 4435 Approval of amendment by Minister 4535A Approving planning authority to first seek certification of

    Secretary 4635B Approval of amendment by planning authority 4636 Notice of approval 4737 Commencement of amendment 4738 Parliament may revoke an amendment 4739 Defects in procedure 49

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    Division 4Availability of approved amendments and schemes 51

    40 Lodging of approved amendment 5141 Who must keep a copy of an approved amendment for

    inspection? 5242 Who must keep an up to date copy of a planning scheme? 52

    Division 5Special provisions 52

    43 Roads on Crown land 5244 Roads on land other than Crown land 5345 Effect on easements for public utilities 5446 Planning schemes may apply to reserved land 55

    PART 3AAMETROPOLITAN GREEN WEDGE PROTECTION 56

    Division 1Introductory 56

    46AA What is a metropolitan fringe planning scheme? 5646AB Repealed 57 46AC What is green wedge land? 57

    Division 2Repealed 57

    46AD, 46AE Repealed 57 Division 3Ratification by Parliament for amendments to planning schemes 57

    46AF To which amendments does this Division apply? 5746AG Ratification by Parliament required for amendments to

    which this Division applies 5846AH Procedure for ratification 5846AI Notice of ratification 5946AJ When does a ratified amendment commence? 5946AK When does an amendment lapse? 5946AL Application of sections 40, 41 and 42 5946AM Application of Division 5 of Part 4 60

    PART 3AABGROWTH AREAS AUTHORITY 61

    Division 1Introduction 61

    46AN Definitions 6146AO What is a growth area? 6146AP What is a growth area council? 62

    Division 2Growth Areas Authority 62

    46AQ Growth Areas Authority 6246AR Objectives 6346AS Functions 64

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    46AT Powers 6446AU Minister may give directions to the Growth Areas Authority 6546AV Members 6546AW Chairperson and Deputy Chairperson 6546AX Conditions of appointment of members 6546AY Meetings 6646AZ Validity of decisions 6746AZA Disclosure of interests 6746AZB Chief Executive Officer 6846AZC Staff 6946AZD Power of delegation 69

    Division 3Business plan 69

    46AZE Annual business plan 69

    Division 4General 70

    46AZF Confidential information 70

    PART 3AUPPER YARRA VALLEY AND DANDENONG RANGESREGIONAL STRATEGY PLAN 71

    46A Definitions 7146B Saving of approved regional strategy plan and amending plans 7246C Amendment of strategy plan 7446D Approval of Parliament needed after appointed day 7446E Availability of amendment 7546F Planning schemes to comply with approved regional strategy

    plan 7646G Works to be in conformity with approved regional strategy

    plan 76

    PART 3BDEVELOPMENT CONTRIBUTIONS 77

    46H Definitions 7746I Development contributions plan 7846IA Plans not to apply to certain growth area land for provision

    of State infrastructure 7846J What can a plan provide for? 7846K Contents of plan 7946L Community infrastructure levy not to exceed maximum 8046M Directions 8146N Collection of development infrastructure levy 8246O Collection of community infrastructure levy 8346P Provisions applying to collection of levies 8446Q Responsibilities of municipal councils 8546QA Responsibilities of collecting agencies 8646QB Responsibilities of development agencies 8746QC Recovery of levy as debt 89

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    PART 3CMELBOURNE AIRPORT ENVIRONS STRATEGY PLAN 90

    46R Definitions 9046S Melbourne Airport Environs Area 9046T Preparation of strategy plan 9146U Approval of Parliament needed 9146V Availability of amendment 9246W Amendment of approved strategy plan 9346X Planning schemes to comply with approved strategy plan 9346Y Works to be in conformity with approved strategy plan 93

    PART 3DWILLIAMSTOWN SHIPYARD SITE STRATEGY PLAN 95

    46Z Purpose of Part 9546ZA Definitions 9546ZB Williamstown Shipyard Site 9546ZC Preparation of Williamstown Shipyard Site Strategy Plan 9646ZD Procedure for making of Williamstown Shipyard Site

    Strategy Plan 9746ZE Approval of Parliament needed 9746ZF Availability of approved strategy plan 9846ZG Amendments to approved strategy plan 9846ZH Amendment of planning schemes 99

    PART 4PERMITS 100

    Division 1Permits required by planning schemes 100

    47 Applications for permits 10048 What if the applicant is not the owner? 10149 Register of applications 10150 Amendment to application at request of applicant before

    notice 10250A Amendment of application by responsible authority before

    notice 10351 Applications to be made available to the public 10452 Notice of application 10453 What are the duties of applicants? 10754 More information 10854A Applicant may apply for extension of time to provide more

    information 10954B When does an application lapse? 10955 Application to go to referral authorities 11055A Repealed 111 56 Action by referral authority on application 11157 Objections to applications for permits 11257A Amendments to application after notice of application is given 113

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    57B Notice of amended application 11557C Amended application may go to referral authorities 11558 Responsible authority to consider all applications 11659 Time for decision 11660 What matters must a responsible authority consider? 11761 Decision on application 12162 What conditions can be put on permits? 12263 Grant of permit if no objectors 12664 Grant of permit if there are objectors 12665 Refusal of permit 12766 Notice to referral authority 12767 When does a permit begin? 12768 When does a permit expire? 12869 Extension of time 12970 Availability of permit 13071 Correction of mistakes 130

    Division 1AAmendment of permits by responsible authority 131

    72 Application for amendment of permit 13173 What is the procedure for the application? 13174 Issue of amended permit if no objectors 13275 Decision to amend permit if there are objectors 13276 Refusal of amendment 13276A Notice to referral authority 13376B When does an amendment to a permit begin? 13376C Review of decision on amendment 13376D Powers of Minister in relation to application 133

    Division 2Reviews by Tribunal 135

    77 Appeals against refusal 13578 Appeals against requirements 13579 Appeals against failure to grant permit 13580 Appeals against conditions on permits 13581 Appeals relating to extensions of time 13682 Appeals where objectors 13682A Repealed 137 82AA Appeals relating to coastal Crown land 13782B Affected person may seek leave to apply for review 13783 Parties to review 13883A Objectors entitled to notice 13983B Notice if permit application was made without notice 13984 An application may be determined after an appeal has been

    lodged 14084A Parties not restricted to grounds previously notified 14184B Matters for Tribunal to take into account 14185 Determination of appeal 1

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