Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 No. 21 of 2013 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 PART 2—AMENDMENT OF PLANNING AND ENVIRONMENT ACT 1987 3 Division 1—Amendments relating to growth areas and the Growth Areas Authority 3 3 What is a growth area? 3 4 Repeal of section 46AP—What is a growth area council? 3 5 Objectives of Growth Areas Authority 3 6 Functions of Growth Areas Authority 4 7 Definition of growth area in Part 9B 4 Division 2—Amendments relating to permit applications referred to the Minister 5 8 Powers of Minister in relation to application 5 9 Who is to be the responsible authority? 5 10 Repeal of section 97A 5 11 Referral of applications to Minister 5 12 Notice of availability 6 13 Effect of issue of permit 6 14 Notice of decision 6 15 Register 6 16 What if the responsible authority changes? 6 Division 3—Amendments relating to directors' liability 7 17 Section 128 substituted 7 128 Criminal liability of officers of bodies corporate— failure to exercise due diligence 7 18 Insertion of notes 9 -- 1 of 15 -- Section Page ii Authorised by the Chief Parliamentary Counsel Division 4—Other amendments to the Planning and Environment Act 1987 9 19 What is a metropolitan fringe planning scheme? 9 20 New sections 220A and 220B inserted 10 220A Transitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 10 220B Transitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 10 21 Investigation areas 10 22 Statute law revision amendment 11 PART 3—REPEAL OF AMENDING ACT 12 23 Repeal of amending Act 12 ═══════════════ ENDNOTES 13 -- 2 of 15 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 † No. 21 of 2013 [Assented to 23 April 2013] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The main purpose of this Act is to amend the Planning and Environment Act 1987— (a) to enable growth areas to be declared anywhere in Victoria; and (b) to expand the functions of the Growth Areas Authority; and Victoria -- 3 of 15 -- Part 1—Preliminary Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 No. 21 of 2013 2 Authorised by the Chief Parliamentary Counsel (c) to make further provision in relation to the criminal liability of officers of bodies corporate; and (d) to generally improve the operation of that Act. 2 Commencement (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 19 March 2014, it comes into operation on that day. __________________ s. 2 -- 4 of 15 -- Part 2—Amendment of Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 No. 21 of 2013 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT OF PLANNING AND ENVIRONMENT ACT 1987 Division 1—Amendments relating to growth areas and the Growth Areas Authority 3 What is a growth area? For section 46AO(1) and (2) of the Planning and Environment Act 1987 substitute— "(1) The Minister may, by order published in the Government Gazette— (a) declare an area of land in Victoria to be a growth area for the purposes of this Part; and (b) add land to that declared area; and (c) remove land from that declared area.". 4 Repeal of section 46AP—What is a growth area council? Section 46AP of the Planning and Environment Act 1987 is repealed. 5 Objectives of Growth Areas Authority (1) In section 46AR(g) of the Planning and Environment Act 1987, for "areas." substitute "areas;". (2) After section 46AR(g) of the Planning and Environment Act 1987 insert— "(h) to ensure that advice and recommendations provided under this Part are consistent with the objectives of planning in Victoria.". s. 3 See: Act No. 45/1987. Reprint No. 10 as at 27 April 2012 and amending Act Nos 38/2012, 43/2012, 53/2012, 3/2013 and 4/2013. LawToday: www. legislation. vic.gov.au -- 5 of 15 -- Part 2—Amendment of Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 No. 21 of 2013 4 Authorised by the Chief Parliamentary Counsel 6 Functions of Growth Areas Authority (1) In section 46AS(a)(iii) of the Planning and Environment Act 1987, after "Authority" insert "or any other matter relating to land in Victoria or an objective of planning in Victoria". (2) After section 46AS(ab) of the Planning and Environment Act 1987 insert— "(ac) at the direction of the Minister, to provide a municipal council with advice requested by that municipal council on any matter relating to land in Victoria or an objective of planning in Victoria; and". 7 Definition of growth area in Part 9B Insert the following definition in section 201R of the Planning and Environment Act 1987— "growth area means an area of land for the time being declared under section 46AO in the municipal district of one or more of the following municipal councils— (a) Cardinia Shire Council; (b) Casey City Council; (c) Hume City Council; (d) Melton City Council; (e) Mitchell Shire Council; (f) Whittlesea City Council; (g) Wyndham City Council;". s. 6 -- 6 of 15 -- Part 2—Amendment of Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 No. 21 of 2013 5 Authorised by the Chief Parliamentary Counsel Division 2—Amendments relating to permit applications referred to the Minister 8 Powers of Minister in relation to application In section 76D of the Planning and Environment Act 1987— (a) in subsection (1), for "97A, 97B, 97C, 97D(1)" substitute "97B, 97C, 97D(1) and (3)"; (b) in subsection (2)(b), for "first responsible authority" substitute "referring responsible authority (within the meaning of section 97D(3))"; (c) in subsections (4) and (5), for "first responsible authority" substitute "responsible authority specified in the planning scheme". 9 Who is to be the responsible authority? In section 96N of the Planning and Environment Act 1987, for "under" (where secondly occurring) substitute "specified in". 10 Repeal of section 97A Section 97A of the Planning and Environment Act 1987 is repealed. 11 Referral of applications to Minister (1) In section 97D(1) and (2) of the Planning and Environment Act 1987, for "first" substitute "referring". (2) After section 97D(2) of the Planning and Environment Act 1987 insert— "(3) In this section referring responsible authority means the responsible authority that referred an application to the Minister under section 97B or 97C.". s. 8 -- 7 of 15 -- Part 2—Amendment of Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 No. 21 of 2013 6 Authorised by the Chief Parliamentary Counsel 12 Notice of availability In section 97G(3) and (6) of the Planning and Environment Act 1987, for "first responsible authority" substitute "responsible authority specified in the planning scheme". 13 Effect of issue of permit In section 97H of the Planning and Environment Act 1987, for "first responsible authority" substitute "responsible authority specified in the planning scheme". 14 Notice of decision In section 97K(1)(b) of the Planning and Environment Act 1987, for "first responsible authority" substitute "responsible authority specified in the planning scheme". 15 Register In section 97L of the Planning and Environment Act 1987, for "first responsible authority" substitute "responsible authority specified in the planning scheme". 16 What if the responsible authority changes? In section 201A(a) of the Planning and Environment Act 1987, after "96" insert ", 97H". s. 12 -- 8 of 15 -- Part 2—Amendment of Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 No. 21 of 2013 7 Authorised by the Chief Parliamentary Counsel Division 3—Amendments relating to directors' liability 17 Section 128 substituted For section 128 of the Planning and Environment Act 1987 substitute— "128 Criminal liability of officers of bodies corporate—failure to exercise due diligence (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 48(2); (b) section 93(3); (c) section 126(1), (2) and (3); (d) section 137. (3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to— (a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and (b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and s. 17 -- 9 of 15 -- Part 2—Amendment of Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 No. 21 of 2013 8 Authorised by the Chief Parliamentary Counsel (c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and (d) any other relevant matter. (4) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (6) In this section— body corporate has the same meaning as corporation has in section 57A of the Corporations Act; officer in relation to a body corporate means— (a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.". s. 17 -- 10 of 15 -- Part 2—Amendment of Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 No. 21 of 2013 9 Authorised by the Chief Parliamentary Counsel 18 Insertion of notes (1) At the foot of section 48(2) of the Planning and Environment Act 1987 insert— "Note Section 128 applies to an offence against this subsection.". (2) At the foot of section 93(3) of the Planning and Environment Act 1987 insert— "Note Section 128 applies to an offence against this subsection.". (3) At the foot of section 126 of the Planning and Environment Act 1987 insert— "Note Section 128 applies to an offence against subsection (1), (2) or (3).". (4) At the foot of section 137 of the Planning and Environment Act 1987 insert— "Note Section 128 applies to an offence against this section.". Division 4—Other amendments to the Planning and Environment Act 1987 19 What is a metropolitan fringe planning scheme? In section 46AA(l) of the Planning and Environment Act 1987, for "Shire" substitute "City". s. 18 -- 11 of 15 -- Part 2—Amendment of Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 No. 21 of 2013 10 Authorised by the Chief Parliamentary Counsel 20 New sections 220A and 220B inserted After section 220 of the Planning and Environment Act 1987 insert— "220A Transitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 Section 97H, as amended by section 13 of the Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013, applies in relation to a permit issued under section 97F before or after the commencement of section 13. 220B Transitional provision—Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 (1) For the avoidance of doubt, section 128 applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 17 of the Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013. (2) This section does not limit section 14 of the Interpretation of Legislation Act 1984.". 21 Investigation areas In clause 2(c) and (g) in Schedule 1 to the Planning and Environment Act 1987, for "Shire" substitute "City". s. 20 -- 12 of 15 -- Part 2—Amendment of Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 No. 21 of 2013 11 Authorised by the Chief Parliamentary Counsel 22 Statute law revision amendment In the second example at the foot of section 201RE of the Planning and Environment Act 1987— (a) omit "Example"; (b) for "RST Pty" substitute "2 RST Pty". __________________ s. 22 -- 13 of 15 -- Part 3—Repeal of amending Act Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 No. 21 of 2013 12 Authorised by the Chief Parliamentary Counsel PART 3—REPEAL OF AMENDING ACT 23 Repeal of amending Act This Act is repealed on 19 March 2015. 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). ═══════════════ s. 23 -- 14 of 15 -- Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 No. 21 of 2013 13 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 6 March 2013 Legislative Council: 21 March 2013 The long title for the Bill for this Act was "A Bill for an Act to amend the Planning and Environment Act 1987 to enable growth areas to be declared anywhere in Victoria, to expand the functions of the Growth Areas Authority and to make other amendments to improve the operation of that Act and for other purposes." Endnotes -- 15 of 15 --