Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Planning and Environment Amendment
(Distinctive Areas and Landscapes) Act 2018
No. 17 of 2018
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2—Amendment of Planning and Environment Act 1987 3
3 Definitions 3
4 New Part 3AAB inserted 6
5 New section 4AB inserted 24
Part 3—Consequential amendment of other Acts 25
Division 1—Amendment of Catchment and Land Protection
Act 1994 25
6 Definitions 25
7 New section 12AA inserted 25
Division 2—Amendment of Conservation, Forests and Lands
Act 1987 26
8 Definitions 26
9 Joint preparation of management plans 26
Division 3—Amendment of Crown Land (Reserves) Act 1978 27
10 Definitions 27
11 New section 18D inserted 27
12 New section 21AC inserted 28
Division 4—Amendment of Forests Act 1958 29
13 Definitions 29
14 New section 18C inserted 29
Division 5—Amendment of Heritage Rivers Act 1992 30
15 Contents of management plans 30
Division 6—Amendment of Local Government Act 1989 30
16 Definitions 30
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17 New section 3H inserted 31
Division 7—Amendment of National Parks Act 1975 32
18 Definitions 32
19 New section 20B inserted 32
20 New section 27BB inserted 33
Division 8—Amendment of Parks Victoria Act 1998 33
21 Definitions 33
22 New section 8B inserted 33
Division 9—Amendment of Traditional Owner Settlement
Act 2010 34
23 Definition of land use activity 34
24 Definition of decision maker 34
Division 10—Amendment of Transport Integration Act 2010 35
25 Definitions 35
26 New section 89B inserted 35
27 New section 127A inserted 36
Division 11—Amendment of Victorian Planning Authority
Act 2017 37
28 Definitions 37
29 New section 10B inserted 37
Division 12—Amendment of Water Act 1989 38
30 Definitions 38
31 New section 124B inserted 38
32 New section 171J inserted 39
33 Preparation of regional waterway strategies 40
Division 13—Amendment of Wildlife Act 1975 40
34 Definitions 40
35 New section 14B inserted 40
Part 4—Repeal of amending Act 42
36 Repeal of amending Act 42
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Endnotes 43
1 General information 43
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Planning and Environment Amendment
(Distinctive Areas and Landscapes)
Act 2018 †
No. 17 of 2018
[Assented to 29 May 2018]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to amend the Planning and Environment
Act 1987 to provide for—
(i) the declaration of distinctive areas and
landscapes; and
Victoria
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(ii) the preparation and implementation
of a Statement of Planning Policy in
relation to each declared area to ensure
coordinated decision-making by public
entities; and
(b) to make consequential amendments to other
Acts.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Part 2—Amendment of Planning and
Environment Act 1987
3 Definitions
In section 3(1) of the Planning and Environment
Act 1987—
(a) insert the following definitions—
"declared area means an area to which an
order under section 46AO applies;
declared area framework plan means a plan
described in section 46AV(2);
declared area planning scheme means a
planning scheme applying to land that
is wholly or partially within a declared
area;
protected settlement boundary means a
settlement boundary in a declared area
that is protected under a Statement of
Planning Policy;
protected settlement boundary amendment
means an amendment that alters a
protected settlement boundary in a
planning scheme;
public entity has the same meaning as in the
Public Administration Act 2004;
revocation order means an order made under
section 46AQ(1);
settlement boundary, in relation to a plan of
an area, means the boundary marking
the limit of urban development in that
area;
Statement of Planning Policy means a
Statement of Planning Policy approved
under Part 3AAB in relation to a
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declared area, as amended from time to
time;
water corporation has the same meaning as
in the Water Act 1989;";
(b) for the definition of responsible public entity
substitute—
"responsible public entity—
(a) in Part 3AAA, has the same
meaning as it has in the Yarra
River Protection (Wilip-gin
Birrarung murron) Act 2017;
and
(b) in Part 3AAB, means any of the
following, in relation to a declared
area—
(i) the Secretary (within
the meaning of the
Conservation, Forests
and Lands Act 1987);
(ii) the water corporation
responsible for the area in
which the declared area is
located;
(iii) a municipal council whose
municipal district contains
land in the declared area;
(iv) Parks Victoria established
under Part 2 of the Parks
Victoria Act 1998;
(v) the Victorian Planning
Authority established under
Part 2 of the Victorian
Planning Authority
Act 2017;
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(vi) a Catchment Management
Authority established under
Part 2 of the Catchment and
Land Protection Act 1994
for a catchment and land
protection region that
contains land in the
declared area;
(vii) the Roads Corporation
continued under section 80
of the Transport
Integration Act 2010;
(viii) Victorian Rail Track
continued under section 116
of the Transport Integration
Act 2010;
(ix) any committee of
management or trustees
under the Crown Land
(Reserves) Act 1978 in
relation to land in the
declared area;
(x) any Traditional Owner
Land Management Board
established under Part 8A of
the Conservation, Forests
and Lands Act 1987 in
relation to land in the
declared area;
(xi) any other public entity
prescribed to be a
responsible public entity
in relation to the declared
area;".
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4 New Part 3AAB inserted
After Part 3AA of the Planning and
Environment Act 1987 insert—
"Part 3AAB—Distinctive areas
and landscapes
Division 1—Objects
46AN Objects
The objects of this Part are—
(a) to recognise the importance of
distinctive areas and landscapes to the
people of Victoria and to protect and
conserve the unique features and
special characteristics of those areas
and landscapes; and
(b) to enhance the conservation of the
environment in declared areas including
the unique habitats, ecosystems and
biodiversity of declared areas; and
(c) to enable the integration of policy
development, implementation and
decision-making for declared areas
under Statements of Planning Policy;
and
(d) to recognise the connection and
stewardship of traditional owners in
relation to land in declared areas.
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Division 2—Declaration of distinctive
areas and landscapes
46AO Governor in Council may declare area to
be a distinctive area and landscape
(1) The Governor in Council, on the
recommendation of the Minister, may
declare an area of Victoria to be a distinctive
area and landscape by order published in the
Government Gazette.
(2) An order under subsection (1)—
(a) must include a description of the area
declared, which may be by reference to
an incorporated plan; and
(b) must specify the attributes under
section 46AP(1) that qualify the area as
a distinctive area and landscape; and
(c) must identify the relevant threat of
significant or irreversible land use
change to the area, as described in
section 46AP(2); and
(d) may include a preamble setting out any
of the following—
(i) the significance of the area to the
people of Victoria;
(ii) statements recognising the
significance of the area to
traditional owners, including
statements in traditional languages
together with their English
translations.
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(3) Before making a recommendation under
subsection (1), the Minister—
(a) must be satisfied that the area meets the
requirements set out in section 46AP(1)
and (2); and
(b) must consult the Premier and the
Treasurer.
(4) An order under subsection (1) takes effect
on the date of publication of the order in
the Government Gazette or on a later date
specified in the order.
46AP Requirements for area to be declared as a
distinctive area and landscape
(1) The Minister must be satisfied that an area
has a majority of the following attributes in
order to recommend that the area be declared
as a distinctive area and landscape—
(a) outstanding environmental significance;
(b) significant geographical features,
including natural landforms;
(c) heritage and cultural significance;
(d) natural resources or productive land of
significance;
(e) strategic infrastructure or built form of
significance;
(f) an attribute prescribed for the purposes
of this section.
(2) The Minister must be satisfied that an area
is under threat of significant or irreversible
land use change that would affect the
environmental, social or economic value
of the area in order to recommend that the
area be declared as a distinctive area and
landscape, whether that threat arises from—
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(a) land use conflicts; or
(b) multiple land use changes over time; or
(c) any other land use threat prescribed for
the purposes of this section.
46AQ Governor in Council may revoke
declaration
(1) The Governor in Council, on the
recommendation of the Minister, may revoke
a declaration under section 46AO by order
published in the Government Gazette.
(2) A revocation order must include a statement
that it does not take effect unless ratified by
Parliament in accordance with this Division.
(3) The Minister must consult the Premier and
the Treasurer before making a
recommendation under subsection (1).
46AR Procedure for ratification of revocation
order
(1) The Minister must cause a revocation order
to be laid before each House of Parliament
within 7 sitting days of that House after the
publication of the order.
(2) A revocation order does not take effect
unless it is ratified by a resolution passed by
each House of Parliament within 10 sitting
days after the revocation order is laid before
that House.
(3) The Minister must publish a notice of the
ratification of a revocation order in the
Government Gazette.
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(4) A revocation order that has been ratified
under this section comes into effect—
(a) when the notice of ratification is
published in the Government Gazette;
or
(b) on any later day specified in the notice
of ratification.
46AS When does a revocation order lapse?
(1) A revocation order that has not been ratified
in accordance with section 46AR lapses
on the day immediately after the last day
on which it could have been so ratified.
(2) When a revocation order has lapsed under
subsection (1), the Minister must publish
a notice in the Government Gazette setting
out the date on which the order lapsed.
(3) The publication of the notice under
subsection (2) is conclusive proof of the
date that the revocation order lapsed.
Division 3—Statements of Planning
Policy for distinctive areas and
landscapes
Subdivision 1—Preparation and
approval of Statement of
Planning Policy
46AT Minister to develop Statement of Planning
Policy for declared area
(1) The Minister must prepare a Statement of
Planning Policy for a declared area.
(2) The declaration of the declared area lapses
if the Statement of Planning Policy is not
endorsed in accordance with section 46AX
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and approved in accordance with
section 46AY within—
(a) one year after the declaration of the
area under section 46AO takes effect;
or
(b) a period approved by the Governor in
Council under subsection (3).
(3) Before the end of the period specified in
subsection (2)(a), the Governor in Council,
by order published in the Government
Gazette, may approve a period not exceeding
2 years after the declaration of the area
under section 46AO takes effect for the
preparation, endorsement and approval of
the Statement of Planning Policy for the
declared area.
46AU Purpose of Statement of Planning Policy
The purpose of a Statement of Planning
Policy for a declared area is to create
a framework for the future use and
development of land in the declared area
to ensure the protection and conservation of
the distinctive attributes of the declared area.
46AV Contents of Statement of Planning Policy
(1) The Statement of Planning Policy for a
declared area must—
(a) set a vision for a period of at least
50 years that identifies the values,
priorities and preferences of the
Victorian community in relation to the
distinctive attributes of the declared
area, including preferences for future
land use, protection and development;
and
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(b) set out the long-term needs for the
integration of decision-making and
planning for the declared area; and
(c) state the parts of the Statement that are
binding on responsible public entities
and the parts that are in the nature of
recommendations to which responsible
public entities are only required to have
regard; and
(d) include a declared area framework plan
in accordance with subsection (2); and
(e) set out Aboriginal tangible and
intangible cultural values, and other
cultural and heritage values, in relation
to the declared area.
(2) The declared area framework plan must
provide a framework for decision-making in
relation to the future use and development of
land in the declared area that—
(a) integrates environmental, social,
cultural and economic factors for
the benefit of the community and
encourages sustainable development
and identifies areas for protection
and conservation of the distinctive
attributes of the declared area; and
(b) may specify settlement boundaries in
the declared area or designate specific
settlement boundaries in the declared
area as protected settlement boundaries.
46AW Consultation
The Minister must consult the following
when preparing a Statement of Planning
Policy for a declared area—
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(a) each responsible public entity for the
area;
(b) the local community;
(c) any other person or entity that the
Minister considers may be affected by
the Statement of Planning Policy.
46AX Endorsement of Statement of Planning
Policy
(1) The Minister must give a copy of the
draft Statement of Planning Policy to each
responsible public entity specified in the
Statement for endorsement by the entity
and the Minister responsible for that entity.
(2) The Minister responsible for a responsible
public entity may give a written direction to
the entity in relation to the endorsement of
the draft Statement of Planning Policy.
46AY Approval of Statement of Planning Policy
(1) The Governor in Council may approve a
Statement of Planning Policy that has been
endorsed in accordance with section 46AX.
(2) The Minister must publish a notice of
an approval under subsection (1) in the
Government Gazette specifying where
a person may inspect the Statement.
46AZ Commencement of Statement of Planning
Policy
(1) A Statement of Planning Policy takes
effect—
(a) on the day the notice of approval is
published in the Government Gazette;
or
(b) on a later day specified in the notice.
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(2) A Statement of Planning Policy is taken to
form part of the State standard provisions
of the Victoria Planning Provisions on the
commencement of the Statement of Planning
Policy.
46AZA Amendment of Statement of Planning
Policy
(1) The Minister may prepare an amendment to
a Statement of Planning Policy.
(2) Sections 46AV to 46AZ apply to an
amendment to a Statement of Planning
Policy as if a reference in those sections
to a Statement of Planning Policy were a
reference to an amendment to a Statement
of Planning Policy.
(3) The Governor in Council, on the
recommendation of the Minister, may
make a minor or technical correction to
a Statement of Planning Policy by order
published in the Government Gazette.
Subdivision 2—Amendment of declared
area planning scheme
46AZB Amendment of declared area planning
scheme to give effect to Statement of
Planning Policy
(1) The Minister must prepare an amendment
to a declared area planning scheme to give
effect to—
(a) a Statement of Planning Policy that has
been approved under section 46AY;
and
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(b) an amendment to a Statement of
Planning Policy that has been prepared
under section 46AZA(1) and approved
under section 46AY.
(2) Part 3 (except Divisions 1 and 2 and
sections 39(1), 39(2), 39(3), 39(4) and 39(5))
applies to the preparation and approval of
an amendment to a declared area planning
scheme under this section.
46AZC Amendment of declared area planning
scheme
(1) The Minister must not approve an
amendment to a declared area planning
scheme if the amendment is inconsistent
with a Statement of Planning Policy for
that declared area.
(2) A responsible public entity which is a
planning authority must not prepare an
amendment to a declared area planning
scheme that is inconsistent with a Statement
of Planning Policy for the declared area that
is expressed to be binding on the responsible
public entity.
Subdivision 3—Protected settlement
boundary amendments
46AZD Protected settlement boundary
amendment
(1) Sections 36, 37 and 38 do not apply to an
amendment to a declared area planning
scheme—
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(a) that is approved after a Statement of
Planning Policy has been approved in
relation to that area; and
(b) that is or includes a protected
settlement boundary amendment.
(2) A protected settlement boundary amendment
does not take effect unless ratified by
Parliament in accordance with this
Subdivision.
46AZE Procedure for ratification of protected
settlement boundary amendment
(1) The Minister must cause a protected
settlement boundary amendment to be laid
before each House of Parliament within
7 sitting days of that House after it is
approved.
(2) If a permit has been granted under
section 96I in respect of a protected
settlement boundary amendment, the
Minister must cause a notice specifying that
the permit has been granted to be laid before
each House of Parliament at the same time
that the protected settlement boundary
amendment is laid before that House.
(3) A protected settlement boundary amendment
does not take effect unless it is ratified by
a resolution passed by each House of
Parliament within 10 sitting days after
it is laid before that House.
(4) The Minister must publish a notice of the
ratification of the protected settlement
boundary amendment in the Government
Gazette specifying where a person may
inspect the amendment.
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(5) A protected settlement boundary amendment
that has been ratified comes into operation—
(a) when the notice of ratification of the
amendment is published in the
Government Gazette; or
(b) on any later day specified in the notice.
46AZF When does a protected settlement
boundary amendment lapse?
(1) A protected settlement boundary amendment
that has not been ratified lapses on the day
immediately after the last day on which it
could have been ratified.
(2) When a protected settlement boundary
amendment has lapsed, the Minister must
publish a notice in the Government Gazette
setting out the date on which the amendment
lapsed.
(3) The publication of the notice of lapsing is
conclusive proof of the date that the
amendment lapsed.
(4) An amendment to a Statement of Planning
Policy that requires the preparation of the
protected settlement boundary amendment
lapses if that protected settlement boundary
amendment has lapsed under subsection (1).
46AZG Application of Act provisions to protected
settlement boundary amendment
Sections 4G, 4H, 4I, 40, 41 and 42 (as the
case requires) do not apply to a protected
settlement boundary amendment unless
and until the amendment is ratified.
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46AZH Application of Division 5 of Part 4 to
protected settlement boundary
amendment
If a permit has been granted under Division 5
of Part 4 and the planning scheme
amendment to which the permit applies is a
protected settlement boundary amendment—
(a) if the amendment lapses, the permit is
taken to be cancelled on that lapsing;
and
(b) if the amendment is ratified, the notice
of ratification must also specify where a
person may inspect the permit.
Subdivision 4—Review of Statement
of Planning Policy
46AZI Review of Statement of Planning Policy
(1) The Minister must ensure that a review
of the Statement of Planning Policy for a
declared area is completed no later than
10 years after the commencement of the
Statement.
(2) After a review, the Minister may prepare—
(a) a new Statement of Planning Policy; or
(b) an amendment to the existing Statement
of Planning Policy in accordance with
section 46AZA(1).
(3) Sections 46AV to 46AZ apply with any
necessary modifications to the preparation
of a new Statement of Planning Policy.
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Division 4—Interaction between
specific legislation and Statement
of Planning Policy
46AZJ Specific legislation
(1) If a Statement of Planning Policy applies to
any land to which a management plan under
the Heritage Rivers Act 1992 applies, the
Statement of Planning Policy must not be
inconsistent with—
(a) that Act; or
(b) the management plan under that Act
that applies to the land, unless the
Minister administering that Act, after
consulting the Minister administering
the Act under which that land is
controlled or managed, gives a specific
written endorsement to the planning
Minister authorising the inconsistency.
(2) If a Statement of Planning Policy applies to
any land in a park within the meaning of the
National Parks Act 1975, the Statement of
Planning Policy must not be inconsistent
with—
(a) that Act; or
(b) any management plan under that Act
unless the Minister administering
that Act gives a specific written
endorsement to the planning Minister
authorising the inconsistency.
(3) If a Statement of Planning Policy applies to
any land that is reserved under the Crown
Land (Reserves) Act 1978, the Statement
of Planning Policy must not be inconsistent
with—
(a) that Act; or
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(b) the purpose for which that land is
reserved; or
(c) any relevant recommendation of the
Land Conservation Council under
section 5(1) of the Land Conservation
Act 1970 (as in force immediately
before its repeal) applying to the land,
of which notice has been given by the
Governor in Council under section
10(3) of that Act (as so in force); or
(d) any Government response (or amended
Government response) under
section 25, 26 or 26G of the Victorian
Environmental Assessment Council
Act 2001 to any report under section 23
or 26E of that Act applying to the land.
(4) If a Statement of Planning Policy applies
to any land that is reserved under the
Crown Land (Reserves) Act 1978, and
that land is subject to additional management
requirements as a State Wildlife Reserve or a
Nature Reserve under the Wildlife Act 1975,
the Statement of Planning Policy must not be
inconsistent with—
(a) the Wildlife Act 1975; or
(b) any plan of management under the
Wildlife Act 1975 unless the Minister
administering that Act gives a specific
written endorsement to the planning
Minister authorising the inconsistency.
(5) If a Statement of Planning Policy applies to
any land in a waterway management district
for which a regional waterway strategy has
been prepared under section 190 of the
Water Act 1989, the Statement of Planning
Policy must not be inconsistent with—
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(a) that Act; or
(b) that strategy unless the water Minister
and the environment Minister (within
the meaning of the Water Act 1989)
jointly give a specific written
endorsement to the planning Minister
authorising the inconsistency.
(6) If a Statement of Planning Policy applies
to any land which is the subject of a
joint management plan under Part 8A of
the Conservation, Forests and Lands
Act 1987, the Statement of Planning
Policy must not be inconsistent with—
(a) that Act; or
(b) that joint management plan unless the
Minister responsible for Part 8A of that
Act and the Traditional Owner Land
Management Board in relation to the
land jointly give a specific written
endorsement to the planning Minister
authorising the inconsistency.
(7) Notice of any endorsement under this section
must be published in the Government
Gazette by the entity giving the endorsement.
(8) In this section—
planning Minister means the Minister
administering this Act;
water Minister means the Minister
administering the Water Act 1989.
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Division 5—Duties of responsible
public entities
46AZK Responsible public entities not to act
inconsistently with Statement of Planning
Policy
A responsible public entity must not act
inconsistently with any provision of the
Statement of Planning Policy that is
expressed to be binding on the public
entity when performing a function or duty
or exercising a power in relation to the
declared area.
46AZL Principles
If a responsible public entity develops or
implements policies or programs or makes
decisions in relation to a declared area, the
responsible public entity should—
(a) consult with all levels of government
and government agencies that are
relevant to the decision; and
(b) use best practice measures to protect
and conserve the unique features and
special characteristics of the declared
area; and
(c) undertake continuous improvement
to enhance the conservation of the
environment in declared areas; and
(d) have regard to the principles prescribed
to apply—
(i) to all declared areas; and
(ii) in relation to a particular declared
area.
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Division 6—Transitional provision
46AZM Transitional provision—Consultation in
relation to Macedon Ranges Localised
Planning Statement
(1) This section applies if the Macedon Ranges
area is declared to be a distinctive area and
landscape by the Governor in Council under
section 46AO.
(2) The consultation conducted by the Minister
before the commencement date in relation
to the Macedon Ranges Localised Planning
Statement is taken to satisfy the requirements
of section 46AW for the purposes of a
Statement of Planning Policy in relation to
the Macedon Ranges area.
(3) In this section—
commencement date means the day on
which the Planning and Environment
Amendment (Distinctive Areas and
Landscapes) Act 2018 comes into
operation;
Macedon Ranges area means the policy
area identified in the Macedon Ranges
Localised Planning Statement;
Macedon Ranges Localised Planning
Statement means the draft statement
prepared by the Department in
partnership with the Macedon Ranges
Shire Council and the Victorian
Planning Authority.".
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5 New section 4AB inserted
After section 4AA of the Planning and
Environment Act 1987 insert—
"4AB Obligations of Department Head in
relation to declared areas
(1) The Department Head of the Department,
when performing a function or duty or
exercising a power under this Act in relation
to a declared area—
(a) must not act inconsistently with any
part of a Statement of Planning Policy
that is expressed to be binding on the
Department Head; and
(b) must have regard to those parts of
the Statement of Planning Policy
not expressed to be binding on the
Department Head; and
(c) must have regard to the principles set
out in section 46AZL.
(2) Subsection (1) does not apply to the
performance of a function or the exercise
of a power by the Department Head of the
Department in relation to a declared project
within the meaning of the Major Transport
Projects Facilitation Act 2009.".
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Part 3—Consequential amendment
of other Acts
Division 1—Amendment of Catchment
and Land Protection Act 1994
6 Definitions
In section 3(1) of the Catchment and Land
Protection Act 1994 insert the following
definitions—
"declared area has the same meaning as in the
Planning and Environment Act 1987;
Statement of Planning Policy has the same
meaning as in the Planning and
Environment Act 1987;".
7 New section 12AA inserted
After section 12 of the Catchment and
Land Protection Act 1994 insert—
"12AA Obligations of Catchment Management
Authorities in relation to declared areas
(1) A Catchment Management Authority, when
performing a function or duty or exercising a
power under this Act in relation to a declared
area—
(a) must not act inconsistently with any
part of a Statement of Planning Policy
that is expressed to be binding on the
Catchment Management Authority;
and
(b) must have regard to those parts of
the Statement of Planning Policy
not expressed to be binding on the
Catchment Management Authority;
and
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(c) must have regard to the principles set
out in section 46AZL of the Planning
and Environment Act 1987.
(2) Subsection (1) does not apply to the
performance of a function or the
exercise of a power by a Catchment
Management Authority in relation to a
declared project within the meaning of the
Major Transport Projects Facilitation
Act 2009.".
Division 2—Amendment of Conservation,
Forests and Lands Act 1987
8 Definitions
In section 82A of the Conservation, Forests
and Lands Act 1987 insert the following
definitions—
"declared area has the same meaning as in the
Planning and Environment Act 1987;
Statement of Planning Policy has the same
meaning as in the Planning and
Environment Act 1987;".
9 Joint preparation of management plans
After section 82PA(3) of the Conservation,
Forests and Lands Act 1987 insert—
"(4) The Traditional Owner Land Management
Board and the Secretary must have regard
to a Statement of Planning Policy when
preparing a management plan in relation
to land that is within a declared area.".
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Division 3—Amendment of Crown
Land (Reserves) Act 1978
10 Definitions
In section 3 of the Crown Land (Reserves)
Act 1978 insert the following definitions—
"declared area has the same meaning as in the
Planning and Environment Act 1987;
Statement of Planning Policy has the same
meaning as in the Planning and
Environment Act 1987;".
11 New section 18D inserted
After section 18C of the Crown Land (Reserves)
Act 1978 insert—
"18D Obligations of Secretary in relation to
declared areas
(1) The Secretary, when performing a function
or duty or exercising a power under this Act
in relation to a declared area—
(a) must not act inconsistently with any
part of a Statement of Planning Policy
that is expressed to be binding on the
Secretary; and
(b) must have regard to those parts of the
Statement of Planning Policy not
expressed to be binding on the
Secretary; and
(c) must have regard to the principles set
out in section 46AZL of the Planning
and Environment Act 1987.
(2) Subsection (1) does not apply to
the performance of a function or the
exercise of a power by the Secretary
in relation to a declared project within
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the meaning of the Major Transport
Projects Facilitation Act 2009.".
12 New section 21AC inserted
After section 21AB of the Crown Land
(Reserves) Act 1978 insert—
"21AC Obligations of committees of management
and trustees in relation to declared areas
(1) A committee of management or trustees
in relation to land that forms part of a
declared area, when performing a function or
duty or exercising a power under this Act in
relation to that declared area—
(a) must not act inconsistently with any
part of a Statement of Planning Policy
that is expressed to be binding on the
committee of management or trustees;
and
(b) must have regard to those parts of the
Statement of Planning Policy not
expressed to be binding on the
committee of management or trustees;
and
(c) must have regard to the principles set
out in section 46AZL of the Planning
and Environment Act 1987.
(2) Subsection (1) does not apply to the
performance of a function or the
exercise of a power by a committee of
management or trustees in relation to a
declared project within the meaning of the
Major Transport Projects Facilitation
Act 2009.".
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Division 4—Amendment of Forests Act 1958
13 Definitions
In section 3(1) of the Forests Act 1958 insert
the following definitions—
"declared area has the same meaning as in the
Planning and Environment Act 1987;
Statement of Planning Policy has the same
meaning as in the Planning and
Environment Act 1987;".
14 New section 18C inserted
After section 18B of the Forests Act 1958
insert—
"18C Obligations of Secretary in relation to
declared areas
(1) The Secretary, when performing a function
or duty or exercising a power under this Act
in relation to a declared area—
(a) must not act inconsistently with any
part of a Statement of Planning Policy
that is expressed to be binding on the
Secretary; and
(b) must have regard to those parts of the
Statement of Planning Policy not
expressed to be binding on the
Secretary; and
(c) must have regard to the principles set
out in section 46AZL of the Planning
and Environment Act 1987.
(2) Subsection (1) does not apply to the
performance of a function or the exercise
of a power by the Secretary in relation to
a declared project within the meaning of
the Major Transport Projects Facilitation
Act 2009.".
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Division 5—Amendment of Heritage
Rivers Act 1992
15 Contents of management plans
(1) After section 9(2) of the Heritage Rivers
Act 1992 insert—
"(2A) If the Minister requests a managing
authority or a Catchment Management
Authority to prepare a management plan
in relation to land that forms part of a
declared area, the managing authority or
Catchment Management Authority must
have regard to a Statement of Planning
Policy as it applies to that land.".
(2) In section 9(3) of the Heritage Rivers Act 1992
insert the following definitions—
"declared area has the same meaning as in the
Planning and Environment Act 1987;
Statement of Planning Policy has the same
meaning as in the Planning and
Environment Act 1987;".
Division 6—Amendment of Local
Government Act 1989
16 Definitions
In section 3(1) of the Local Government
Act 1989 insert the following definitions—
"declared area has the same meaning as in the
Planning and Environment Act 1987;
Statement of Planning Policy has the same
meaning as in the Planning and
Environment Act 1987;".
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17 New section 3H inserted
After section 3G of the Local Government
Act 1989 insert—
"3H Obligations of Councils in relation to
declared areas
(1) When performing a function or duty or
exercising a power under this Act in relation
to a declared area, a Council that is a
responsible public entity for the purposes
of Part 3AAB of the Planning and
Environment Act 1987—
(a) must not act inconsistently with any
part of a Statement of Planning Policy
that is expressed to be binding on the
Council; and
(b) must have regard to those parts of
the Statement of Planning Policy not
expressed to be binding on the Council;
and
(c) must have regard to the principles set
out in section 46AZL of the Planning
and Environment Act 1987.
(2) Subsection (1) does not apply to the
performance of a function or the exercise
of a power by a Council in relation to a
declared project within the meaning of the
Major Transport Projects Facilitation
Act 2009.".
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Division 7—Amendment of National
Parks Act 1975
18 Definitions
In section 3(1) of the National Parks Act 1975
insert the following definitions—
"declared area has the same meaning as in the
Planning and Environment Act 1987;
Statement of Planning Policy has the same
meaning as in the Planning and
Environment Act 1987;".
19 New section 20B inserted
After section 20A of the National Parks
Act 1975 insert—
"20B Obligations of Secretary in relation to
declared areas
(1) The Secretary, when performing a function
or duty or exercising a power under this Act
in relation to a declared area—
(a) must not act inconsistently with any
part of a Statement of Planning Policy
that is expressed to be binding on the
Secretary; and
(b) must have regard to those parts of the
Statement of Planning Policy not
expressed to be binding on the
Secretary; and
(c) must have regard to the principles set
out in section 46AZL of the Planning
and Environment Act 1987.
(2) Subsection (1) does not apply to the
performance of a function or the exercise
of a power by the Secretary in relation to
a declared project within the meaning of
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the Major Transport Projects Facilitation
Act 2009.".
20 New section 27BB inserted
After section 27BA of the National Parks
Act 1975 insert—
"27BB Secretary must have regard to Statement
of Planning Policy if preparing a
management plan in relation to a park
in a declared area
The Secretary must have regard to a
Statement of Planning Policy if preparing a
management plan in relation to a park that
forms part of a declared area.".
Division 8—Amendment of Parks Victoria Act 1998
21 Definitions
In section 3 of the Parks Victoria Act 1998
insert the following definitions—
"declared area has the same meaning as in the
Planning and Environment Act 1987;
Statement of Planning Policy has the same
meaning as in the Planning and
Environment Act 1987;".
22 New section 8B inserted
After section 8A of the Parks Victoria Act 1998
insert—
"8B Obligations of Parks Victoria in relation
to declared areas
(1) To the extent that Parks Victoria provides
services under any agreement in relation
to a declared area, Parks Victoria, when
performing a function or duty or exercising
a power under this Act in relation to a
declared area—
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(a) must not act inconsistently with any
part of a Statement of Planning Policy
that is expressed to be binding on Parks
Victoria; and
(b) must have regard to those parts of the
Statement of Planning Policy not
expressed to be binding on Parks
Victoria; and
(c) must have regard to the principles set
out in section 46AZL of the Planning
and Environment Act 1987.
(2) Subsection (1) does not apply to the
performance of a function or the exercise
of a power by Parks Victoria in relation to
a declared project within the meaning of
the Major Transport Projects Facilitation
Act 2009.".
Division 9—Amendment of Traditional
Owner Settlement Act 2010
23 Definition of land use activity
(1) In section 28(v) of the Traditional Owner
Settlement Act 2010, for "2017." substitute
"2017;".
(2) After section 28(v) of the Traditional Owner
Settlement Act 2010 insert—
"(w) the preparation of a Statement of Planning
Policy under Part 3AAB of the Planning
and Environment Act 1987.".
24 Definition of decision maker
(1) In section 29(r) of the Traditional Owner
Settlement Act 2010, for "plan." substitute
"plan;".
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(2) After section 29(r) of the Traditional Owner
Settlement Act 2010 insert—
"(s) in relation to the preparation of a Statement
of Planning Policy under Part 3AAB of the
Planning and Environment Act 1987, the
Minister responsible for the preparation of
the Statement.".
Division 10—Amendment of Transport
Integration Act 2010
25 Definitions
In section 3 of the Transport Integration
Act 2010 insert the following definitions—
"declared area has the same meaning as in the
Planning and Environment Act 1987;
Statement of Planning Policy has the same
meaning as in the Planning and
Environment Act 1987;".
26 New section 89B inserted
After section 89A of the Transport Integration
Act 2010 insert—
"89B Obligations of Roads Corporation in
relation to declared areas
(1) The Roads Corporation, when performing
a function or duty or exercising a
power under this Act in relation to a
declared area—
(a) must not act inconsistently with any
part of a Statement of Planning Policy
that is expressed to be binding on the
Roads Corporation; and
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(b) must have regard to those parts of
the Statement of Planning Policy not
expressed to be binding on the Roads
Corporation; and
(c) must have regard to the principles set
out in section 46AZL of the Planning
and Environment Act 1987.
(2) Subsection (1) does not apply to the
performance of a function or the exercise
of a power by the Roads Corporation in
relation to a declared project within the
meaning of the Major Transport Projects
Facilitation Act 2009.".
27 New section 127A inserted
After section 127 of the Transport Integration
Act 2010 insert—
"127A Obligations of Victorian Rail Track in
relation to declared areas
(1) Victorian Rail Track, when performing
a function or duty or exercising a
power under this Act in relation to a
declared area—
(a) must not act inconsistently with any
part of a Statement of Planning Policy
that is expressed to be binding on
Victorian Rail Track; and
(b) must have regard to those parts of
the Statement of Planning Policy not
expressed to be binding on Victorian
Rail Track; and
(c) must have regard to the principles set
out in section 46AZL of the Planning
and Environment Act 1987.
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(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by Victorian Rail Track in relation
to a declared project within the meaning of
the Major Transport Projects Facilitation
Act 2009.".
Division 11—Amendment of Victorian
Planning Authority Act 2017
28 Definitions
In section 3(1) of the Victorian Planning
Authority Act 2017 insert the following
definitions—
"declared area has the same meaning as in the
Planning and Environment Act 1987;
Statement of Planning Policy has the same
meaning as in the Planning and
Environment Act 1987;".
29 New section 10B inserted
After section 10A of the Victorian Planning
Authority Act 2017 insert—
"10B Obligations of Authority in relation to
declared areas
(1) The Authority, when performing a function
or duty or exercising a power under this Act
in relation to a declared area—
(a) must not act inconsistently with any
part of a Statement of Planning Policy
that is expressed to be binding on the
Authority; and
(b) must have regard to those parts of
the Statement of Planning Policy
not expressed to be binding on the
Authority; and
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(c) must have regard to the principles set
out in section 46AZL of the Planning
and Environment Act 1987.
(2) Subsection (1) does not apply to the
performance of a function or the exercise
of a power by the Authority in relation to a
declared project within the meaning of the
Major Transport Projects Facilitation
Act 2009.".
Division 12—Amendment of Water Act 1989
30 Definitions
In section 3(1) of the Water Act 1989 insert the
following definitions—
"declared area has the same meaning as in the
Planning and Environment Act 1987;
Statement of Planning Policy has the same
meaning as in the Planning and
Environment Act 1987;".
31 New section 124B inserted
After section 124A of the Water Act 1989
insert—
"124B Obligations of Catchment Management
Authorities in relation to declared areas
(1) A Catchment Management Authority, when
performing a function or duty or exercising a
power under this Act in relation to a declared
area—
(a) must not act inconsistently with any
part of a Statement of Planning Policy
that is expressed to be binding on the
Catchment Management Authority; and
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(b) must have regard to those parts of
the Statement of Planning Policy
not expressed to be binding on the
Catchment Management Authority;
and
(c) must have regard to the principles set
out in section 46AZL of the Planning
and Environment Act 1987.
(2) Subsection (1) does not apply to the
performance of a function or the exercise
of a power by a Catchment Management
Authority in relation to a declared project
within the meaning of the Major Transport
Projects Facilitation Act 2009.".
32 New section 171J inserted
After section 171I of the Water Act 1989
insert—
"171J Obligations of water corporations in
relation to declared areas
(1) A water corporation, when performing
a function or duty or exercising a
power under this Act in relation to a
declared area—
(a) must not act inconsistently with any
part of a Statement of Planning Policy
that is expressed to be binding on the
water corporation; and
(b) must have regard to those parts of the
Statement of Planning Policy not
expressed to be binding on the water
corporation; and
(c) must have regard to the principles set
out in section 46AZL of the Planning
and Environment Act 1987.
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(2) Subsection (1) does not apply to the
performance of a function or the exercise
of a power by a water corporation in relation
to a declared project within the meaning of
the Major Transport Projects Facilitation
Act 2009.".
33 Preparation of regional waterway strategies
After section 190(3A) of the Water Act 1989
insert—
"(3B) In preparing a regional waterway strategy
that relates to a declared area, an Authority
that is a water corporation must have regard
to a Statement of Planning Policy that
applies to its waterway management
district.".
Division 13—Amendment of Wildlife Act 1975
34 Definitions
In section 3(1) of the Wildlife Act 1975 insert the
following definitions—
"declared area has the same meaning as in the
Planning and Environment Act 1987;
Statement of Planning Policy has the same
meaning as in the Planning and
Environment Act 1987;".
35 New section 14B inserted
After section 14A of the Wildlife Act 1975
insert—
"14B Obligations of Secretary in relation to
declared areas
(1) The Secretary, when performing a function
or duty or exercising a power under this Act
in relation to a declared area—
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(a) must not act inconsistently with any
part of a Statement of Planning Policy
that is expressed to be binding on the
Secretary; and
(b) must have regard to those parts of
the Statement of Planning Policy
not expressed to be binding on the
Secretary; and
(c) must have regard to the principles set
out in section 46AZL of the Planning
and Environment Act 1987.
(2) Subsection (1) does not apply to the
performance of a function or the exercise
of a power by the Secretary in relation to a
declared project within the meaning of the
Major Transport Projects Facilitation
Act 2009.".
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Part 4—Repeal of amending Act
36 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
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Endnotes
Planning and Environment Amendment (Distinctive Areas and Landscapes)
Act 2018
No. 17 of 2018
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 14 December 2017
Legislative Council: 22 February 2018
The long title for the Bill for this Act was "A Bill for an Act to amend the
Planning and Environment Act 1987 to provide for the protection and
conservation of distinctive areas and landscapes, to make consequential
amendments to other Acts and for other purposes."
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