Planning and Environment Amendment Act 2007

Planning and Environment Amendment Act 2007 No. 47 of 2007 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENTS TO THE PLANNING AND ENVIRONMENT ACT 1987 3 3 Definitions 3 4 New section 8A inserted 3 8A Municipal councils are planning authorities 3 5 New section 9 substituted 4 9 Authorised Ministers and authorities are planning authorities 4 6 Restrictions and powers relating to the preparation of amendments 5 7 Municipal strategic statement 5 8 Review of planning schemes 5 9 Register of applications 6 10 Repeal of section 82A—Appeal by Liquor Licensing Commission 6 11 Cancellation and amendment of permits by Tribunal 6 12 New section 87A inserted 6 87A Cancellation or amendment of permit issued at direction of Tribunal 6 13 Limits on the power to cancel or amend a permit 7 14 Hearing by Tribunal 7 15 Costs and expenses of panel 7 16 General regulation-making powers 7 17 New section 217 inserted 8 217 Transitional—Planning and Environment Amendment Act 2007 8 ` i -- 1 of 15 -- Section Page PART 3—AMENDMENTS TO OTHER ACTS 9 Division 1—Amendments to the Transfer of Land Act 1958 9 18 Definition 9 19 Approved forms 9 Division 2—Amendments to the Subdivision Act 1988 11 20 Valuation of land for public open space 11 21 Review of decision requiring alteration to engineering plan 11 22 Regulations 11 PART 4—REPEAL OF AMENDING ACT 12 23 Repeal of Act 12 ═══════════════ ENDNOTES 13 ii -- 2 of 15 -- Victoria Planning and Environment Amendment Act 2007† No. 47 of 2007 [Assented to 25 September 2007] 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— (i) to extend the powers of the Victorian Civil and Administrative Tribunal to cancel or amend planning permits issued at its direction; and 1 -- 3 of 15 -- Part 1—Preliminary Planning and Environment Amendment Act 2007 No. 47 of 2007 s. 2 (ii) to make other miscellaneous amendments to improve the operation of that Act; and (b) to amend the Transfer of Land Act 1958 to provide for approved forms to be made available electronically; and (c) to make minor amendments to the Subdivision Act 1988. 2 Commencement (1) This Act (except section 9) comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to subsection (3), section 9 comes into operation on a day to be proclaimed. (3) If section 9 does not come into operation before 1 September 2008, it comes into operation on that day. __________________ 2 -- 4 of 15 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment Act 2007 No. 47 of 2007 s. 3 PART 2—AMENDMENTS TO THE PLANNING AND ENVIRONMENT ACT 1987 3 Definitions (1) In section 3(1) of the Planning and Environment Act 1987, for the definition of Department substitute— See: Act No. 45/1987. Reprint No. 8 as at 17 August 2005 and amending Act Nos 18/2005, 32/2006, 33/2006, 80/2006 and 81/2006. LawToday: www. legislation. vic.gov.au "Department means the Department of Planning and Community Development;". (2) In section 3(2) of the Planning and Environment Act 1987, for "Department of Infrastructure" substitute "Department of Planning and Community Development". 4 New section 8A inserted After section 8 of the Planning and Environment Act 1987 insert— "8A Municipal councils are planning authorities (1) A municipal council is a planning authority— (a) for any planning scheme in force in its municipal district; and (b) for any other planning scheme for which it is authorised under this section to prepare an amendment. (2) Despite subsection (1)(a), a municipal council may only prepare an amendment to a planning scheme if authorised to do so by the Minister under this section. 3 -- 5 of 15 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment Act 2007 No. 47 of 2007 s. 5 (3) The Minister, on the application of a municipal council, may authorise that municipal council to prepare an amendment to any part of the State standard provisions and local provisions of— (a) a planning scheme in force in its municipal district; or (b) a planning scheme applying to an area adjoining its municipal district. (4) An application under subsection (3) must be in writing in a form approved by the Minister and contain the information required by the Minister. (5) An authorisation must be in writing. (6) The Minister may authorise the preparation of an amendment subject to any conditions the Minister wishes to impose, including conditions relating to the giving of notice of the amendment. (7) The Minister cannot authorise a municipal council to prepare an amendment to a planning scheme applying to the Port of Melbourne Area unless the amendment does not affect or apply to land in that Area.". 5 New section 9 substituted For section 9 of the Planning and Environment Act 1987 substitute— "9 Authorised Ministers and authorities are planning authorities (1) The Minister may authorise any other Minister or public authority to prepare an amendment to any part of the State standard provisions and local provisions of a planning scheme. 4 -- 6 of 15 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment Act 2007 No. 47 of 2007 s. 6 (2) An authorisation must be in writing. (3) The Minister may authorise the preparation of an amendment subject to any conditions the Minister wishes to impose, including conditions relating to the giving of notice of the amendment. (4) A Minister or public body that is authorised under this section to prepare an amendment to a planning scheme is a planning authority under this Act.". 6 Restrictions and powers relating to the preparation of amendments Section 10(4) of the Planning and Environment Act 1987 is repealed. 7 Municipal strategic statement For section 12A(4) of the Planning and Environment Act 1987 substitute— "(4) A municipal strategic statement must be consistent with the current Council Plan for the municipal council approved under section 125 of the Local Government Act 1989.". 8 Review of planning schemes For section 12B(1) of the Planning and Environment Act 1987 substitute— "(1) A planning authority which is a municipal council must review its planning scheme— (a) no later than one year after each date by which it is required to approve a Council Plan under section 125 of the Local Government Act 1989; or (b) within such longer period as is determined by the Minister.". 5 -- 7 of 15 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment Act 2007 No. 47 of 2007 s. 9 9 Register of applications In section 49(1) of the Planning and Environment Act 1987, for "in the prescribed form of" substitute "containing the prescribed information in respect of". 10 Repeal of section 82A—Appeal by Liquor Licensing Commission Section 82A of the Planning and Environment Act 1987 is repealed. 11 Cancellation and amendment of permits by Tribunal For section 87(6) of the Planning and Environment Act 1987 substitute— "(6) Without limiting the powers of the Tribunal, the Tribunal may, under this section, cancel or amend a permit that has been issued at its direction.". 12 New section 87A inserted After section 87 of the Planning and Environment Act 1987 insert— "87A Cancellation or amendment of permit issued at direction of Tribunal (1) In addition to the powers conferred by section 87, the Tribunal may cancel or amend a permit that has been issued at its direction if it considers it appropriate to do so. (2) The Tribunal may only cancel or amend a permit under this section at the request of— (a) the owner or occupier of the land concerned; or (b) any person who is entitled to use or develop the land concerned.". 6 -- 8 of 15 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment Act 2007 No. 47 of 2007 s. 13 13 Limits on the power to cancel or amend a permit In section 88 of the Planning and Environment Act 1987, for "this Division" substitute "section 87". 14 Hearing by Tribunal After section 90(1)(d) of the Planning and Environment Act 1987 insert— "(e) any person who asked for the amendment of the permit under section 87A;". 15 Costs and expenses of panel (1) Insert the following heading to section 156 of the Planning and Environment Act 1987— "Costs and expenses of panel". (2) After section 156(2A) of the Planning and Environment Act 1987 insert— "(2B) The relevant planning authority must pay for, or reimburse, any reasonable costs and expenses incurred for or by a panel in carrying out its functions under this Part unless the Minister otherwise directs.". (3) In section 156(3) of the Planning and Environment Act 1987, for "or (2A)" substitute ", (2A) or (2B)". 16 General regulation-making powers At the end of section 202 of the Planning and Environment Act 1987 insert— "(2) The regulations may— (a) be of limited or general application; and (b) differ according to differences in time, place or circumstance; and 7 -- 9 of 15 -- Part 2—Amendments to the Planning and Environment Act 1987 Planning and Environment Amendment Act 2007 No. 47 of 2007 s. 17 (c) leave any matter or thing to be decided by a responsible authority or a planning authority; and (d) may confer a discretionary authority or impose a duty on a specified person or a specified class of persons; and (e) may apply, adopt or incorporate any matter contained in any document whether— (a) wholly or partially or as amended by the regulations; or (b) as in force at a particular time or as in force from time to time.". 17 New section 217 inserted After section 216 of the Planning and Environment Act 1987 insert— "217 Transitional—Planning and Environment Amendment Act 2007 An authorisation given to a municipal council under section 9(2) of this Act as in force immediately before the commencement of section 5 of the Planning and Environment Amendment Act 2007 is taken on and after that commencement to be an authorisation of that municipal council under section 8A(3).". __________________ 8 -- 10 of 15 -- Part 3—Amendments to Other Acts Planning and Environment Amendment Act 2007 No. 47 of 2007 s. 18 PART 3—AMENDMENTS TO OTHER ACTS Division 1—Amendments to the Transfer of Land Act 1958 18 Definition In section 4(1) of the Transfer of Land Act 1958, in the definition of approved form omit ", bearing the seal of the Office of Titles,". See: Act No. 6399. Reprint No. 15 as at 21 June 2006 and amending Act Nos 63/2006 and 69/2006. LawToday: www. legislation. vic.gov.au 19 Approved forms (1) Insert the following heading to section 121 of the Transfer of Land Act 1958— "Approved forms". (2) In section 121(2)(a) of the Transfer of Land Act 1958, after "fit;" insert "and". (3) For sections 121(2)(b) and 121(2)(c) of the Transfer of Land Act 1958 substitute— "(b) the Registrar may do either or both of the following— (i) supply the form free of charge or at a moderate charge; (ii) make the form available electronically free of charge or at a moderate charge; and 9 -- 11 of 15 -- Part 3—Amendments to Other Acts Planning and Environment Amendment Act 2007 No. 47 of 2007 s. 19 (c) the Registrar may license a person to do either or both of the following— (i) to print and sell the form; (ii) to make the form available electronically free of charge or at a charge; and". (4) For section 121(4)(b) of the Transfer of Land Act 1958 substitute— "(b) license that person to do either or both of the following— (i) to print and sell the form; (ii) to make the form available electronically free of charge or at a charge.". (5) For section 121(7)(b) of the Transfer of Land Act 1958 substitute— "(b) authorise that person to do either or both of the following— (i) to print the form for use by that person; (ii) to make the form available electronically for use by that person.". (6) In section 121(10)(b) of the Transfer of Land Act 1958 omit "but is sealed with the seal of the Office of Titles". 10 -- 12 of 15 -- Part 3—Amendments to Other Acts Planning and Environment Amendment Act 2007 No. 47 of 2007 s. 20 Division 2—Amendments to the Subdivision Act 1988 20 Valuation of land for public open space For section 19(4) of the Subdivision Act 1988 substitute— See: Act No. 53/1988. Reprint No. 5 as at 1 January 1999 and amending Act Nos 28/2000, 74/2000, 44/2001, 47/2004, 81/2004, 35/2006 and 69/2006. LawToday: www. legislation. vic.gov.au "(4) Part III of the Valuation of Land Act 1960 (except Division 2) applies to the valuation as if the valuation had been made under Part 8 of the Local Government Act 1989.". 21 Review of decision requiring alteration to engineering plan In section 40(1)(c) of the Subdivision Act 1988, after "a plan" insert "or an engineering plan". 22 Regulations In section 43(1)(e) of the Subdivision Act 1988, for "appeal" substitute "application for review to the Victorian Civil and Administrative Tribunal". __________________ 11 -- 13 of 15 -- Part 4—Repeal of Amending Act Planning and Environment Amendment Act 2007 No. 47 of 2007 s. 23 PART 4—REPEAL OF AMENDING ACT 23 Repeal of Act This Act is repealed on 1 September 2009. ═══════════════ 12 -- 14 of 15 -- Planning and Environment Amendment Act 2007 No. 47 of 2007 Endnotes ENDNOTES † Minister's second reading speech— Legislative Assembly: 21 June 2007 Legislative Council: 23 August 2007 The long title for the Bill for this Act was "A Bill for an Act to amend the Planning and Environment Act 1987, the Transfer of Land Act 1958 and the Subdivision Act 1988 and for other purposes." 13 -- 15 of 15 --