Planning and Environment (Port of Melbourne) Act 2003

Victorian Legislation and Parliamentary Documents i Planning and Environment (Port of Melbourne) Act 2003 Act No. 77/2003 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. Definition of Port of Melbourne Area 3 4. Councils not to plan for Port of Melbourne Area 3 5. Municipal strategic statement not required for Port of Melbourne Area 4 6. Change of responsible authority arising from changes in Port of Melbourne Area 4 7. New section 201CA inserted 4 201CA. Change in boundary of Port of Melbourne Area 4 PART 3—AMENDMENT OF PLANNING AND ENVIRONMENT (PLANNING SCHEMES) ACT 1996 6 8. New section 16A inserted 6 16A. Definition of Port of Melbourne Area 6 9. Municipal councils not to plan for Port of Melbourne Area 6 10. Minister may prepare planning scheme for Port of Melbourne Area 6 11. Supreme Court—limitation of jurisdiction 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Victorian Legislation and Parliamentary Documents 1 Planning and Environment (Port of Melbourne) Act 2003† [Assented to 21 October 2003] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to amend the Planning and Environment Act 1987 to facilitate planning for the Port of Melbourne; and Victoria No. 77 of 2003 -- 2 of 9 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Planning and Environment (Port of Melbourne) Act 2003 Act No. 77/2003 2 (b) to amend the Planning and Environment (Planning Schemes) Act 1996 to provide for the preparation under that Act of a new planning scheme for the Port of Melbourne. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 3 of 9 -- Victorian Legislation and Parliamentary Documents Part 2—Amendment of Planning and Environment Act 1987 Planning and Environment (Port of Melbourne) Act 2003 Act No. 77/2003 3 PART 2—AMENDMENT OF PLANNING AND ENVIRONMENT ACT 1987 3. Definition of Port of Melbourne Area (1) In section 3(1) of the Planning and Environment Act 1987 insert the following definition— ' "Port of Melbourne Area" means— (a) the land shown red on plan numbered LEGL./02–023 and lodged in the Central Plan Office established under the Survey Co-ordination Act 1958; and (b) any area included in the Port of Melbourne Area under sub- section (3)— but excludes any area excluded from the Port of Melbourne Area under sub-section (3);'. (2) After section 3(2) of the Planning and Environment Act 1987 insert— "(3) The Governor in Council may by order published in the Government Gazette— (a) include any area of land adjoining the Port of Melbourne Area in the Port of Melbourne Area; or (b) exclude any area of land from the Port of Melbourne Area.". 4. Councils not to plan for Port of Melbourne Area After section 8(3) of the Planning and Environment Act 1987 insert— "(4) Despite sub-section (3), a municipal council does not have power under that sub-section to prepare an amendment to any planning scheme applying to the Port of Melbourne s. 3 See: Act No. 45/1987. Reprint No. 7 as at 13 December 2000 and amending Act No. 43/2003. LawToday: www.dms. dpc.vic. gov.au -- 4 of 9 -- Victorian Legislation and Parliamentary Documents Part 2—Amendment of Planning and Environment Act 1987 Planning and Environment (Port of Melbourne) Act 2003 Act No. 77/2003 4 Area unless the amendment does not affect or apply to land in that Area.". 5. Municipal strategic statement not required for Port of Melbourne Area (1) After section 7(3) of the Planning and Environment Act 1987 insert— "(3A) Sub-section (3)(a)(i) does not apply to any part of a municipal district that is within the Port of Melbourne Area.". (2) After section 12A(6) of the Planning and Environment Act 1987 insert— "(7) This section does not apply to any part of a municipal district that is within the Port of Melbourne Area.". 6. Change of responsible authority arising from changes in Port of Melbourne Area In section 201A(a) of the Planning and Environment Act 1987, for "or 96" substitute ", 96 or 201CA". 7. New section 201CA inserted After section 201C of the Planning and Environment Act 1987 insert— "201CA. Change in boundary of Port of Melbourne Area (1) If any land in the Port of Melbourne Area is excluded from that Area by order under section 3(3)— (a) any planning scheme applying to the excluded land immediately before the commencement of that order; and s. 5 -- 5 of 9 -- Victorian Legislation and Parliamentary Documents Part 2—Amendment of Planning and Environment Act 1987 Planning and Environment (Port of Melbourne) Act 2003 Act No. 77/2003 5 (b) all things done under that scheme— continue to have the same operation and effect as they would have had if the order had not been made except that the responsible authority for the subsequent administration and enforcement of the planning scheme to the extent that it applies to the excluded land is the council of the municipal district in which the excluded land is situated. (2) If any land in a municipal district is included in the Port of Melbourne Area by order under section 3(3)— (a) any planning scheme applying to the included land immediately before the commencement of that order; and (b) all things done under that scheme— continue to have the same operation and effect as they would have had if the order had not been made except that the responsible authority for the subsequent administration and enforcement of the planning scheme to the extent that it applies to the included land is the Minister.". __________________ s. 7 -- 6 of 9 -- Victorian Legislation and Parliamentary Documents Part 3—Amendment of Planning and Environment (Planning Schemes) Act 1996 Planning and Environment (Port of Melbourne) Act 2003 Act No. 77/2003 6 PART 3—AMENDMENT OF PLANNING AND ENVIRONMENT (PLANNING SCHEMES) ACT 1996 8. New section 16A inserted In Part 3 of the Planning and Environment (Planning Schemes) Act 1996, before section 17 insert— '16A. Definition of Port of Melbourne Area In this Part "Port of Melbourne Area" has the same meaning as it has in the Planning and Environment Act 1987.'. 9. Municipal councils not to plan for Port of Melbourne Area After section 18(3) of the Planning and Environment (Planning Schemes) Act 1996 insert— "(4) This section does not apply to any part of a municipal district that is within the Port of Melbourne Area.". 10. Minister may prepare planning scheme for Port of Melbourne Area After section 21(1) of the Planning and Environment (Planning Schemes) Act 1996 insert— "(1A) The Minister may prepare and approve a planning scheme under this Part for the Port of Melbourne Area.". s. 8 See: Act No. 77/1996 and amending Act No. 72/1998. LawToday: www.dms. dpc.vic. gov.au -- 7 of 9 -- Victorian Legislation and Parliamentary Documents Part 3—Amendment of Planning and Environment (Planning Schemes) Act 1996 Planning and Environment (Port of Melbourne) Act 2003 Act No. 77/2003 7 11. Supreme Court—limitation of jurisdiction At the end of section 27 of the Planning and Environment (Planning Schemes) Act 1996 insert— "(2) Without limiting sub-section (1), it is the intention of section 22(2) (to the extent that it applies to any planning scheme prepared and approved by the Minister under section 21(1A) for the Port of Melbourne Area) to alter or vary section 85 of the Constitution Act 1975.". ═══════════════ s. 11 -- 8 of 9 -- Victorian Legislation and Parliamentary Documents Planning and Environment (Port of Melbourne) Act 2003 Act No. 77/2003 8 ENDNOTES † Minister's second reading speech— Legislative Assembly: 18 September 2003 Legislative Council: 9 October 2003 The long title for the Bill for this Act was "to amend the Planning and Environment Act 1987 and the Planning and Environment (Planning Schemes) Act 1996 in relation to planning for the Port of Melbourne." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 18 September 2003 Legislative Council: 9 October 2003 Absolute majorities: Legislative Assembly: 7 October 2003 Legislative Council: 14 October 2003 Endnotes -- 9 of 9 --