Planning and Environment Amendment (General) Act 2013

Planning and Environment Amendment (General) Act 2013

No. 3 of 2013

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Development Assessment Committees Abolished

3Exemption from giving notice

4Responsible authority to consider all applications

5Repeal of Part 4AA

6Section 219 repealed

7Section 78B(3)(ca) of the Local Government Act 1989
repealed

Part 3—Planning Application Committee

8Definitions

9Responsible authority to consider all applications

58AResponsible authority may request advice from
Planning Application Committee

10Insertion of new Part 4AA

Part 4AA—Planning Application Committee

97MAPlanning Application Committee

97MBMembership of Planning Application Committee

97MCFunctions of the Planning Application Committee

97MDProceedings of Planning Application Committee

97MESubcommittees

97MFDelegation to subcommittee

97MGPayment of members of Committee and
subcommittees

97MHResponsible authority to assist Planning
Application Committee

97MIResponsible authority to contribute to costs of
Planning Application Committee

11Responsible authorities may delegate certain powers to
Planning Application Committee

12Minister may delegate certain powers to Planning
Application Committee

13Indirect interest because of conflicting duties

Part 4—Amendments Relating to Referral Authorities

14Definitions

15New section 14A inserted

14AWhat are the duties of a referral authority?

16Responsible authority to keep register

17Application to go to referral authorities

18Action by referral authority on application

19New section 56A inserted

56AReferral authority to keep register

20Amended application may go to referral authorities

21Decision on application

22What conditions can be put on permits?

23Grant of permit

24New section 64A inserted

64AGrant of permit—recommending referral authority objected or recommended condition that was not included

25Refusal of permit

26Notice to referral authority

27Issue of amended permit if no objectors

28New section 75A inserted

75ADecision to amend permit if recommending referral authority objected to or recommended condition that
was not included

29Refusal of amendment

30Notice to referral authority

31Powers of Minister in relation to application

32New section 82AAA inserted

82AAARequest for review by recommending referral authority

33Parties to review

34Objectors entitled to notice

35New section 83AB inserted

83ABRecommending referral authority entitled to notice

36Tribunal may confine review with agreement

37Right to compensation

38Referral of applications to Minister

39Notice of availability

40Cancellation or amendment of certificate

41Expedition

Part 5—Authorisation of Planning Authorities

42Section 8A substituted and new section 8B inserted

8AMunicipal council as planning authority for its
municipal district

8BMunicipal council as planning authority for area adjoining municipal district

Part 6—Streamlined Process for Prescribed Amendments

43Restrictions and powers relating to the preparation of amendments

44New section 20A inserted

20AMinister may determine to prepare prescribed amendments—exception to sections17, 18 and19

45Parliament may revoke an amendment

Part 7—Agreements

46Insertion of headings in Division 2 of Part 9

47Bonds and guarantees

48When does an agreement end?

49Section 178 substituted and new sections 178A to 178I
inserted

178Amendment of agreements

178AProposal to amend or end agreement

178BMatters to be considered in considering proposal
to amend or end agreement

178CNotice of proposal

178DObjections and submissions to responsible authority

178EDecision to amend or end agreement

178FNotice of decision to amend or end agreement

178GCopy of amended agreement to be given to parties

178HResponsible authority may require payment of costs

178IWhen does the amendment or ending of an
agreement take effect?

50Copy of agreement to be kept

51Recording of agreement

52New section 182A inserted

182ANew parties to an agreement

53Application to Tribunal

54New sections 184A to 184G inserted

184AApplication to Tribunal by applicant in relation to decisions under Subdivision 2

184BApplication to Tribunal by party to agreement

184CApplication to Tribunal by objector

184DApplication to Tribunal by affected person

184EObjectors entitled to notice

184FApplication to amend or end agreement may be determined after application for review lodged

184GDetermination of application

55Secretary's powers to dispose of land

Part 8—Acquiring Authorities and Compensation

56Designation of acquiring authorities in planning schemes

57Loss on sale—notice to acquiring authority

58When is compensation payable by other authorities?

59Reimbursement of compensation paid

Part 9—Proceedings before the Tribunal

60Application for amendment of permit

61Applications for review relating to extensions of time

62Notice if permit application was made without notice

63New section 84AB inserted

84ABTribunal may confine review with agreement

64Determination of applications

65Hearing by Tribunal

66Review of failure or refusal to issue certificate

67Application by specified person for declaration

68Insertion of section headings

Part 10—General Amendments to Planning and Environment Act 1987

69Definitions

70Removal of power to authorise planning authorities to
approve amendments

71What are the duties and powers of planning authorities?

72What are the duties of a responsible authority?

73Copies of amendment to be given to certain persons

74Hearing by panel

75Amendments to change term "working days" to
"business days"

76What matters must a responsible authority consider?

77Extension of time

78Application for amendment of permit

79Panel

80Application for amendment of permit

81New section 152 inserted

152Powers of advisory committee

82New Division 1A inserted in Part 8

158AAppointment of directions panel

158BDirections by directions panel

83Directions about hearings

84New section 170 substituted

170Immunity for panel members

85Transitional provisions

221Transitional provisions—Planning and Environment Amendment (General) Act 2013

Part 11—Amendments to the Subdivision Act 1988

86Construction and maintenance of works

87Council may require public open space

88New section 18A inserted in the Subdivision Act1988

18ARequirement for public open space in planning
scheme

89Valuation of land for public open space

90Statement of compliance with statutory requirements

91Enforcement of agreements

Part 12—Repeal of Amending Act

92Repeal of amending Act

═══════════════

Endnotes

SectionPage

Victoria

SectionPage

Planning and Environment Amendment (General) Act 2013[†]

No. 3 of 2013

[Assented to 19 February 2013]

Planning and Environment Amendment (General) Act 2013
No. 3 of 2013

The Parliament of Victoriaenacts:

Part 12—Repeal of Amending Act

Planning and Environment Amendment (General) Act 2013
No. 3 of 2013

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Planning and Environment Act 1987—

(i) to abolish Development Assessment Committees;

(ii) to establish the Planning Application Committee;

(iii) to streamline processes under that Act;

(iv) to improve generally the operation of that Act; and

(b)to amend the Subdivision Act 1988 in relation to public open space; and

(c)to make consequential amendments to the Local Government Act 1989.

2Commencement

s. 2

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 28 October2013, it comes into operation on that day.

______

Part 2—Development Assessment Committees Abolished

3Exemption from giving notice

s. 3

See:
Act No.
45/1987.
Reprint No. 10
as at
27 April 2012
and amending
Act Nos
38/2012 and 43/2012.
LawToday:
www.
legislation.
vic.gov.au

Section 20(6) of the Planning and Environment Act 1987 is repealed.

4Responsible authority to consider all applications

(1)In section 58(1) of the Planning and Environment Act 1987, for "Subject to subsection (2), the" substitute "The".

(2)Section 58(2) of the Planning and Environment Act 1987 is repealed.

5Repeal of Part 4AA

Part 4AA of the Planning and Environment Act 1987 is repealed.

6Section 219 repealed

Section 219 of the Planning and Environment Act 1987 is repealed.

See:
Act No.
11/1989.
Reprint No. 11
as at
1January 2012
and amending
Act Nos
65/2010 and 20/2012.
LawToday:
www.
legislation.
vic.gov.au

7Section 78B(3)(ca) of the Local Government Act 1989 repealed

s. 7

Section 78B(3)(ca) of the Local Government Act 1989 is repealed.

______

Part 3—Planning Application Committee

8Definitions

s. 8

Insert the following definition in section 3(1) of the Planning and Environment Act 1987—

"Planning Application Committee means the Planning Application Committee established under Part 4AA;".

9Responsible authority to consider all applications

After section 58 of the Planning and Environment Act 1987 insert—

"58A Responsible authority may request advice from Planning Application Committee

A responsible authority, with the consent of the Minister, may ask the Planning Application Committee for advice in relation to an application for a permit or a class of applications for permits.".

10Insertion of new Part 4AA

After Part 4 of the Planning and Environment Act 1987 insert—

"Part 4AA—Planning Application Committee

97MAPlanning Application Committee

The Minister may establish a Planning Application Committee.

97MBMembership of Planning Application Committee

(1)The Planning Application Committee is to consist of—

(a)a chairperson appointed by the Minister from the list of persons prepared under subsection (2); and

(b)at least 4 other members appointed by the Minister.

(2)The Minister must prepare a list of names of persons available for appointment as a chairperson of the Planning Application Committee.

(3)The Minister must consult with the following bodies in respect of the list before making any appointment from that list—

(a)the Municipal Association of Victoria established under the Municipal Association Act 1907;

(b)the Victorian Local Governance Association;

(4)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Planning Application Committee in respect of the office of member.

97MCFunctions of the Planning Application Committee

The Planning Application Committee has the following functions—

s. 10

(a)to advise the Minister on any matters which the Minister refers to it in relation to an application for a permit or class of applications for permits;

(b)to advise a responsible authority on any matters which the authority, with the consent of the Minister, refers to it in relation to an application for a permit or class of applications for permits;

(c)to carry out, as delegate, any function delegated to it by the Minister under section 190;

(d)to carry out, as delegate, any function delegated to it by a responsible authority under section 188.

97MD Proceedings of Planning Application Committee

Subject to the regulations (if any), the Planning Application Committee may regulate its own proceedings.

97MESubcommittees

(1)The Planning Application Committee may appoint one or more subcommittees for the purposes of carrying out any of its functions.

(2)A subcommittee may consist of—

(a)members of the Planning Application Committee; or

(b)one or more members of the Planning Application Committee and co-opted members appointed by the Committee.

(3)The Planning Application Committee must appoint a member of the Planning Application Committee to be the chairperson of a subcommittee.

s. 10

97MFDelegation to subcommittee

The Planning Application Committee may, by instrument, delegate to the members of a subcommittee any of its functions, including any function delegated to it, but not including this power of delegation.

97MG Payment of members of Committee and subcommittees

A member of the Planning Application Committee or a subcommittee of that Committee is entitled to be paid the fees and allowances (if any) fixed in respect of the member by the Minister.

97MH Responsible authority to assist Planning Application Committee

A responsible authority, which has requested the advice of the Planning Application Committee or delegated a function to the Committee, must provide the Committee with any information or assistance that the Committee requires in order to provide the advice or carry out the function.

97MIResponsible authority to contribute to costs ofPlanning Application Committee

A responsible authority must, on the request of the Minister, contribute an amount specified by the Minister towards the costs of the Planning Application Committee or a subcommittee of that Committee that are incurred in providing advice to, or carrying out a function under delegation from, that authority.

______".

11Responsible authorities may delegate certain powers to Planning Application Committee

s. 11

After section 188(2) of the Planning and Environment Act 1987 insert—

"(3)A responsible authority, with the consent of the Minister, may by instrument delegate to the Planning Application Committee any of its powers, discretions or functions under sections 58, 59, 60, 61 and 62 in relation to an application for a permit or an amendment to a permit, or a class of applications for permits or amendments to permits.".

12Minister may delegate certain powers to Planning Application Committee

After section 190(1) of the Planning and Environment Act 1987 insert—

"(1A) The Minister may, by instrument, delegate to the Planning Application Committee any of the Minister's powers, discretions or functions as the responsible authority under sections 58, 59, 60, 61 and 62 in relation to an application for a permit or an amendment to a permit, or a class of applications for permits or amendments to permits.".

13Indirect interest because of conflicting duties

s. 12

After section 78B(3)(c) of the Local Government Act 1989 insert—

"(ca)the person is only a member of the Planning Application Committee established under Part 4AA of the Planning and Environment Act 1987or a member or coopted member of a subcommittee of that Committee;".

______

Part 4—Amendments Relating to Referral Authorities

14Definitions

s. 14

In section 3(1) of the Planning and Environment Act 1987 insert the following definitions—

"determining referral authority means, in relation to an application for a permit or an amendment to a permit, a person or body that a planning scheme specifies as a determining referral authority for applications of that kind;

recommending referral authority means, in relation to an application for a permit or an amendment to a permit, a person or body that a planning scheme specifies as a recommending referral authority for applications of that kind;

referral authoritymeans a body or person specified in a planning scheme as—

(a)adetermining referral authority; or

(b)arecommending referral authority;".

15New section 14A inserted

After section 14 of the Planning and Environment Act 1987insert—

"14A What are the duties of a referral authority?

A referral authority must, in relation to any matter referred to it under this Act—

(a)have regard to the objectives of planning in Victoria in considering the matter; and

(b)have regard to the Minister's directions; and

(c)comply with this Act; and

(d)have regard to the planning scheme; and

(e)provide information and reports as required by the Minister.".

16Responsible authority to keep register

s. 16

Insert the following heading to section 49 of the Planning and Environment Act 1987—

"Responsible authority to keep register".

17Application to go to referral authorities

(1)In section 55(1) of the Planning and Environment Act 1987, after "must give a copy of an application" insert ", together with the prescribed information,".

(2) After section 55(2) of the Planning and Environment Act 1987insert—

"(3)The referral authority must give to the applicant, without delay, a copy of any request that it makes to the responsible authority under subsection (2) in respect of the application.

(4)A planning scheme may specify that a referral authority is—

(a)adetermining referral authority; or

(b)arecommending referral authority.".

18Action by referral authority on application

After section 56(3) of the Planning and Environment Act 1987insert—

"(3A) The referral authority must give to the applicant, without delay, a copy of any decision and comments it gives to the responsible authority in respect of the application.".

19New section 56A inserted

After section 56 of the Planning and Environment Act 1987 insert—

s. 19

"56A Referral authority to keep register

(1)The referral authority must keep a register containing the prescribed information in respect of all applications referred to it under sections55 and57C.

(2)The referral authority must make the register available at its office during office hours for any person to inspect free of charge.".

20Amended application may go to referral authorities

(1)In section 57C(1) of the Planning and Environment Act 1987, after "amended application" insert ", together with the prescribed information,".

(2)After section 57C(2) of the Planning and Environment Act 1987 insert—

"(3)A referral authority must give to the applicant, without delay, a copy of any request that it makes to the responsible authority under subsection (2) in respect of the amended application.".

21Decision on application

(1)In section 61(2) of the Planning and Environment Act 1987, after "a relevant" insert "determining".

(2)After section 61(2) of the Planning and Environment Act 1987 insert—

"(2A) The responsible authority maydecideto refuse to grant a permit if a relevant recommending referral authority objects to the grant of the permit.".

22What conditions can be put on permits?

s. 22

(1)In section 62(1)(a) of the Planning and Environment Act 1987, after "relevant" insert "determining".

(2)After section 62(2)(a) of the Planning and Environment Act 1987 insert—

"(ab) a condition recommended by a recommending referral authority; and".

(3) In section 62(6)(c) of the Planning and Environment Act 1987, after "condition that a" insert "determining".

23Grant of permit

(1)In section 63 of the Planning and Environment Act 1987—

(a)for "Once" substitute "Subject to section64A, once";

(b)after "objected" insert "under section 57".

(2)In section 64(1) of the Planning and Environment Act 1987, for "objector" substitute "person who objected under section 57".

(3)In section 64(3)(a) of the Planning and Environment Act 1987, for "an objector" substitute "a person who objected under section57".

(4)In section 64(5) of the Planning and Environment Act 1987, for "objector" substitute "person who objected under section 57".

24New section 64A inserted

After section 64 of the Planning and Environment Act 1987 insert—

"64A Grant of permit—recommending referral authority objected or recommended condition that was not included

If a relevant recommending referral authority has objected to the grant of a permit, or recommended a condition on the permit that the responsible authority has decided not to include on the permit, the responsible authority must not issue the permit to the applicant—

(a)until the end of the period within which a recommending referral authority may apply to the Tribunal for review of the decision to grant the permit; or

(b)if an application for review is made within that period, until the application is determined by the Tribunal or withdrawn.".

25Refusal of permit

s. 24

(1)In section 65(1) of the Planning and Environment Act 1987, for "objector" substitute "person who objected under section 57".

(2) In section 65(2) of the Planning and Environment Act 1987, for "referral authority" substitute "determining referral authority".

26Notice to referral authority

(1) In section 66 of the Planning and Environment Act 1987, after "relevant" insert "determining".

(2) At the end of section 66 of the Planning and Environment Act 1987 insert—

s. 26

"(2) The responsible authority must give a recommending referral authority a notice in the prescribed form of its decision to grant a permit if—

(a)the recommending referral authority objected to the grant of the permit; or

(b)the responsible authority decided not to include a condition on the permit recommended by the recommending referral authority.

(3)A notice of a decision given under subsection (2) must set out any conditions to which the permit will be subject.

(4) The responsible authority must give a recommending referral authority a notice in the prescribed form of its decision to refuse to grant a permit if—

(a)the recommending referral authority objected to the grant of the permit; or

(b)the recommending referral authority recommended that a condition be included on the permit.

(5)A notice given under subsection (4) must set out the specific grounds on which the permit is refused and state whether the grounds were those of the responsible authority or a determining referral authority.

(6) The responsible authority must give arecommending referral authority a copy of any permit which it decides to grant and a copy of any notice given under section 64 or 65 if—

(a)therecommending referral authority did not object to the grant of the permit; or

(b)therecommending referral authority did not recommend a condition be included on the permit.".

27Issue of amended permit if no objectors

s. 27

In section 74 of the Planning and Environment Act 1987—

(a)for "Once" substitute "Subject to section75A, once";

(b)after "objected" insert "under section 57".

28New section 75A inserted

After section 75 of the Planning and Environment Act 1987 insert—

"75A Decision to amend permit if recommending referral authority objected to or recommended condition that was not included

Section 64A (with any necessary changes) applies to a decision to grant an amendment to a permit as if—

(a)a reference to a decision to grant a permit were a reference to the decision to grant the amendment; and

(b)a reference to the issue of a permit were a reference to the issue of an amended permit.".

29Refusal of amendment

(1)In section 76(1) of the Planning and Environment Act 1987, for "objector" substitute "person who objected under section 57".

(2)In section 76(2) of the Planning and Environment Act 1987, for "referral authority" substitute "determining referral authority".

30Notice to referral authority

(1) In section 76A of the Planning and Environment Act 1987, after "relevant" insert "determining".

(2)At the end of section 76A of the Planning and Environment Act 1987 insert—

"(2) The responsible authority must give a recommending referral authority a notice in the prescribed form of its decision to grant an amendment to a permit if—

(a)the recommending referral authority objected to the grant of the amendment to the permit; or

(b) theresponsible authority decided not to include a condition on the amended permit recommended by the recommending referral authority.

(3)A notice given under subsection (2) must set out any conditions to which the permit will be subject.

s. 30

(4) The responsible authority must give a recommending referral authority a notice in the prescribed form of its decision to refuse to grant an amendment to a permit if—