Planning and Environment (Williamstown Shipyard) Act 2005
Act No.
table of provisions
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1. Purpose 1
2. Commencement 1
3. Insertion of new Part 3D 2
Part 3D—Williamstown Shipyard Site Strategy Plan 2
46Z. Purpose of Part 2
46ZA. Definitions 2
46ZB. Williamstown Shipyard Site 2
46ZC. Preparation of Williamstown Shipyard Site Strategy
Plan 3
46ZD. Procedure for making of Williamstown Shipyard Site Strategy Plan 4
46ZE. Approval of Parliament needed 4
46ZF. Availability of approved strategy plan 5
46ZG. Amendments to approved strategy plan 6
46ZH. Amendment of planning schemes 6
4. Matters a responsible authority must consider for permit applications 7
5. Matters for Tribunal to take into account 7
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Endnotes 8
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Initiated in Assembly 25 May 2005
A BILL
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to amend the Planning and Environment Act 1987 in relation to the Williamstown Shipyard Site and for other purposes.
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Planning and Environment (Williamstown Shipyard) Act 2005
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Act No.
Planning and Environment (Williamstown Shipyard) Act 2005
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Act No.
Planning and Environment (Williamstown Shipyard) Act 2005
The Parliament of Victoria enacts as follows:
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Act No.
Planning and Environment (Williamstown Shipyard) Act 2005
1. Purpose
The main purpose of this Act is to amend the Planning and Environment Act 1987 to ensure the continued use of the Williamstown Shipyard Site for industrial and marine engineering purposes and ancillary purposes.
2. Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3. Insertion of new Part 3D
s. 3
See:
Act No.
45/1987.
Reprint No. 7
as at
13 December 2000
and amending
Act Nos
43/2003, 77/2003, 12/2004, 39/2004, 48/2004, 81/2004, 101/2004 and 108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
After Part 3C of the Planning and Environment Act 1987 insert—
'Part 3D—Williamstown Shipyard Site Strategy Plan
46Z. Purpose of Part
The purpose of this Part is to ensure that the Williamstown Shipyard Site continues to be used for industrial and marine engineering purposes and ancillary purposes.
46ZA. Definitions
In this Part—
"approved strategy plan" means the Williamstown Shipyard Site Strategy Plan approved under section 46ZE(2) as that plan is amended from time to time under this Part;
"Williamstown Shipyard Site" means the land shown on the plan approved by the Governor in Council under section 46ZB.
46ZB. Williamstown Shipyard Site
(1) On receiving a plan approved by the Surveyor-General of the land described as the Williamstown Shipyard Site on the plan numbered LEGL./05–344 in the Central Plan Office of the Department of Sustainability and Environment, or that land as nearly as practicable, the Minister may recommend that the Governor in Council approve the plan.
(2) On the Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may approve the plan.
46ZC. Preparation of Williamstown Shipyard Site Strategy Plan
s. 3
(1) The Minister may at any time prepare a strategy plan for the Williamstown Shipyard Site.
(2) The strategy plan is to be known as the Williamstown Shipyard Site Strategy Plan.
(3) The strategy plan—
(a) must give effect to the purposes of this Part by providing for the Williamstown Shipyard Site to continue to be used for industrial and marine engineering purposes and ancillary purposes; and
(b) may make provision with respect to any matters referred to in section 6 and any other matters which the Minister considers necessary or desirable to be included in the strategy plan.
(4) The strategy plan must not prevent—
(a) the continued use by the public of—
(i) the Crown Land described in folio of the Register Volume 1212 Folio 522; and
(ii) any land in the Williamstown Shipyard Site that was reserved for public purposes by Order published in the Government Gazette on 1 April 1999 page 790; or
(b) the continued use by the public, or for navigation, of the waters of Hobsons Bay.
46ZD. Procedure for making of Williamstown Shipyard Site Strategy Plan
Subject to section 46ZE, Part 3 (except sections 36 to 39 and Division 4) applies to the preparation of the Williamstown Shipyard Site Strategy Plan as if—
(a) the plan were an amendment to a planning scheme; and
(b) the Minister were the planning authority.
46ZE. Approval of Parliament needed
s. 3
(1) The Minister must cause the Williamstown Shipyard Site Strategy Plan to be laid before each House of Parliament within 7sitting days of that House after the strategy plan is approved under section 35.
(2) The strategy plan does not take effect unless it is also approved by a resolution passed by each House of Parliament within 10 sitting days after it is laid before that House.
(3) The Minister must publish a notice of the approval of the strategy plan under sub-section (2) in the Government Gazette specifying the place or places at which any person may inspect the plan.
(4) The approved strategy plan comes into operation—
(a) when the notice of approval of the strategy plan is published in the Government Gazette; or
(b) on any later day or days specified in the notice.
46ZF. Availability of approved strategy plan
s. 3
(1) The Minister must lodge the prescribed documents and a copy of the approved strategy plan with the municipal council in the municipal district of which the Williamstown Shipyard Site is situated.
(2) The approved strategy plan must be lodged before notice of the approval of the strategy plan is published in the Government Gazette.
(3) The Minister and the municipal council in the municipal district of which the Williamstown Shipyard Site is situated must make a copy of the approved strategy plan and any documents lodged with it available at their respective offices during office hours for any person to inspect free of charge for 2months after the strategy plan comes into operation and after that period on payment of the prescribed fee.
(4) The Minister and the municipal council in the municipal district of which the Williamstown Shipyard Site is situated must keep a copy of the approved strategy plan incorporating all amendments made to it available at their respective offices during office hours for any person to inspect free of charge.
46ZG. Amendments to approved strategy plan
(1) The Minister may at any time prepare an amendment to the approved strategy plan.
(2) Sections 46ZC to 46ZE and sections 46ZF(1), 46ZF(2) and46ZF(3) apply to the preparation and approval of an amendment to the approved strategy plan as if the amendment were a strategy plan.
46ZH. Amendment of planning schemes
s. 3
(1) The Minister must prepare an amendment to any planning scheme that applies to the Williamstown Shipyard Site to give effect to the approved strategy plan.
(2) An amendment under sub-section (1) must be prepared as soon as practicable after the approval of the Williamstown Shipyard Site Strategy Plan under section 46ZE(2).
(3) An amendment under sub-section (1) may also make any consequential amendments to the planning scheme that are necessary to remove or modify any provisions which are inconsistent with the approved strategy plan.
(4) Sections 12(1)(a), 12(1)(e), 12(2) and 12(3), Divisions 1 and 2 of Part 3 and sections 39(1), 39(2), 39(3), 39(4) and 39(5) and any regulations made for the purposes of those provisions do not apply to the preparation and approval of amendments under sub-section (1).
(5) The Minister must not authorise the preparation of, or approve, an amendment to a planning scheme applying to the Williamstown Shipyard Site if the amendment is inconsistent with the approved strategy plan.'.
4. Matters a responsible authority must consider for permit applications
s. 4
In section 60(1A) of the Planning and Environment Act 1987—
(a) in paragraphs (d) and (e) omit "regional";
(b) after paragraph (e) insert—
"(ea) the approved strategy plan under Part3D; and
(eb) any amendment to the approved strategy plan under Part 3D adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and".
5. Matters for Tribunal to take into account
In section 84B(2) of the Planning and Environment Act 1987—
(a) after paragraph (d) insert—
"(da) must (where appropriate) take account of the approved strategy plan under Part3D;";
(b) after paragraph (j) insert—
"(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;".
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Planning and Environment (Williamstown Shipyard) Act 2005
Endnotes
Endnotes
By Authority. Government Printer for the State of Victoria.
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