Planning and Environment (Amendment) Act 2000

i Planning and Environment (Amendment) Act 2000 Act No. 28/2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENTS TO PLANNING AND ENVIRONMENT ACT 1987 4 3. Increase of penalties 4 4. Conditions on permit 4 5. Decision to amend by responsible authority 4 6. Matters which the Tribunal must take into account 4 7. New section 90A inserted 5 90A. Matters which Tribunal must take into account 5 8. Notice of amendment and application 5 9. Repeal of provision relating to convictions 5 10. Increase of penalties 5 11. Transitional provisions 6 213. Transitional provisions 6 PART 3—AMENDMENTS TO BUILDING ACT 1993 8 12. Definition of reporting authority 8 13. Building permit to be consistent with planning permit 8 14. Special buildings 8 15. New sections 29A and 29B inserted 9 29A. Application for building permit for demolition 9 29B. Suspension of demolition permit pending amendment of planning scheme 10 16. Regulation making powers 12 17. Consultation with reporting authorities 12 18. New clause 6A inserted in Schedule 2 13 6A. What if the reporting authority is the responsible authority under the Planning and Environment Act 1987? 13 19. Building surveyor to consider report of reporting authority 14 -- 1 of 20 -- Section Page ii 20. Statute law revision 14 PART 4—AMENDMENTS TO OTHER ACTS 16 21. Increase in penalties in Prostitution Control Act 1994 16 22. Amendment of Residential Tenancies Act 1997 16 23. Amendment of Subdivision Act 1988 16 ═══════════════ NOTES 18 -- 2 of 20 -- 1 Planning and Environment (Amendment) Act 2000 † [Assented to 30 May 2000] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The main purposes of this Act are— (a) to amend the Planning and Environment Act 1987— (i) to increase the penalties under that Act; and Victoria No. 28 of 2000 -- 3 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 2 (ii) to provide for matters to be taken into account in considering applications for amendments to planning permits; and (b) to amend the Building Act 1993— (i) to provide for consistency between planning permits and building permits; and (ii) to require the consent and report of the relevant responsible authority in relation to applications for demolition permits; and (iii) to enable the suspension of applications for demolition permits pending amendment of planning schemes; and (iv) to provide for fees to be paid to reporting authorities for considering certain applications for building permits; and (c) to amend the Prostitution Control Act 1994 to increase the penalties under that Act; and (d) to amend the Residential Tenancies Act 1997 to apply the plumbing provisions of the Building Act 1993 to mobile homes in caravan parks. (e) to amend the Subdivision Act 1988 to include additional regulation-making powers in relation to bodies corporate. 2. Commencement (1) This Part and Parts 2 and 4 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), Part 3 comes into operation on a day to be proclaimed. s. 2 -- 4 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 3 (3) If Part 3 does not come into operation before 1 January 2001, it comes into operation on that day. _______________ s. 2 -- 5 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 4 PART 2—AMENDMENTS TO PLANNING AND ENVIRONMENT ACT 1987 3. Increase of penalties In section 48(2) of the Planning and Environment Act 1987, for "50 penalty units" substitute "60 penalty units". 4. Conditions on permit In section 62 of the Planning and Environment Act 1987, for sub-section (3) substitute— "(3) The responsible authority may approve an amendment to any plans, drawings or other documents approved under a permit if the amendment is consistent with— (a) the planning scheme currently applying to the land; and (b) the permit.". 5. Decision to amend by responsible authority After section 73(b) of the Planning and Environment Act 1987 insert— "(ba) is consistent with the planning scheme currently applying to the land the subject of the permit; and". 6. Matters which the Tribunal must take into account (1) In section 84B(1)(i) of the Planning and Environment Act 1987, after "this Act" insert "or any other Act". (2) In section 84B(2) of the Planning and Environment Act 1987 after "have regard to" insert "or is required to take account of or have regard to". s. 3 No. 45/1987. Reprint No. 6 as at 12 August 1999. -- 6 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 5 7. New section 90A inserted After section 90 of the Planning and Environment Act 1987, insert— "90A. Matters which Tribunal must take into account (1) In determining a request, the Tribunal must take into account the matters set out in section 84B(1) as if the request were an application for review. (2) The matters set out in section 84B(1) are in addition to any other matters which the Tribunal can properly take account of or have regard to or is required to take account of or have regard to in determining a request.". 8. Notice of amendment and application In section 96C(1) of the Planning and Environment Act 1987— (a) for "Division to" substitute "Division"; (b) in paragraph (a) for "every" substitute "to every". 9. Repeal of provision relating to convictions In section 122 of the Planning and Environment Act 1987, sub-section (4) is repealed. 10. Increase of penalties (1) In section 127 of the Planning and Environment Act 1987, for paragraph (a), substitute— "(a) a penalty of not more than 1200 penalty units; and". (2) In section 127(b) of the Planning and Environment Act 1987, for "4 penalty units" substitute "60 penalty units". s. 7 -- 7 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 6 (3) In section 130 of the Planning and Environment Act 1987, for sub-section (3) substitute— "(3) The penalty for the purposes of this section for an offence against section 126 is— (a) in the case of a natural person, 5 penalty units; and (b) in the case of a body corporate, 10 penalty units.". (4) In section 137 of the Planning and Environment Act 1987, for "5 penalty units" substitute "60 penalty units". (5) In section 169 of the Planning and Environment Act 1987, for "5 penalty units" substitute "60 penalty units". 11. Transitional provisions After section 212 of the Planning and Environment Act 1987 insert— '213. Transitional provisions (1) This Act as amended by the Planning and Environment (Amendment) Act 2000 applies to— (a) a request or an application for an amendment to a permit that was lodged but not determined by the responsible authority or the Tribunal before the commencement day; and (b) an application for review relating to a permit application that was made to the Tribunal but not determined before the commencement day; and (c) an application for review made to the Tribunal after the commencement day in respect of a determination made s. 11 -- 8 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 7 before the commencement day by a responsible authority in respect of a permit application. (2) In this section "commencement day" means the date of commencement of section 11 of the Planning and Environment (Amendment) Act 2000.'. _______________ s. 11 -- 9 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 8 PART 3—AMENDMENTS TO BUILDING ACT 1993 12. Definition of reporting authority In section 3(1) of the Building Act 1993, in the definition of "reporting authority" after "required by" insert "this Act or". 13. Building permit to be consistent with planning permit In section 24(1) of the Building Act 1993— (a) in paragraph (b) after "required under" insert "this Act or"; (b) for paragraph (c) substitute— "(c) any relevant planning permit or other prescribed approval has been obtained; and (d) the building permit will be consistent with that planning permit or other prescribed approval.". 14. Special buildings (1) In section 28(1) of the Building Act 1993, paragraph (b) is repealed. (2) After section 28(3) of the Building Act 1993 insert— "(4) The consent and report of the Executive Director under the Heritage Act 1995 must be obtained to an application to demolish or alter a building which is on a register established under that Act.". s. 12 No. 126/1993. Reprint No. 3 as at 1 January 1999. Further amended by Nos 99/1997, 18/1998, 75/1998, 91/1998 and 17/1999. -- 10 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 9 15. New sections 29A and 29B inserted After section 29 of the Building Act 1993 insert— '29A. Application for building permit for demolition (1) If an application is made to the relevant building surveyor under this Act for a building permit for the demolition of a building on land and— (a) the demolition and all other demolitions completed or permitted in respect of the building within the period of 3 years immediately preceding the date of the application would together amount to the demolition of more than one half of the volume of the building as it existed at the date of the first building permit to be issued within that period for the demolition of any part of the building; or (b) the demolition is of any part of the facade of a building— then the report and consent of the responsible authority under the Planning and Environment Act 1987 for the planning scheme relating to that land must be obtained to that application. (2) The responsible authority as reporting authority must refuse its consent to an application to which sub-section (1) applies if a planning permit is required for the demolition and has not been obtained but must not otherwise refuse its consent to the application. s. 15 -- 11 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 10 (3) In this section— "facade" means— (a) an external wall, including any verandah, balcony or balustrade or architectural feature attached to or forming part of an external wall; or (b) a part of a roof; or (c) a chimney— that faces a street and at least part of which is visible from the street it faces; "street" includes road, highway, carriageway, square and court. 29B. Suspension of demolition permit pending amendment of planning scheme (1) If— (a) the report and consent of the responsible authority as reporting authority under section 29A has been sought in relation to an application for a building permit; and (b) during the prescribed time referred to in clause 6A(2) of Schedule 2— (i) an application is made to the Minister for an exemption under section 20(1) of the Planning and Environment Act 1987 in respect of an amendment to the planning scheme affecting the land; or (ii) if a request is made to the Minister to prepare an amendment to a planning scheme affecting the land and to exempt himself or s. 15 -- 12 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 11 herself under section 20(4) of the Planning and Environment Act 1987 from certain requirements in respect of that amendment— the responsible authority must give written notice without delay to the relevant building surveyor of the application or request. (2) On receipt of a notice under sub-section (1) the relevant building surveyor must suspend consideration of the application for the building permit. (3) The responsible authority must give written notice to the relevant building surveyor without delay of— (a) the withdrawal of an application or request referred to in sub-section (1)(b); or (b) the refusal of an application or request referred to in sub-section (1)(b); or (c) the coming into operation of an amendment referred to in sub-section (1)(b); or (d) the lapsing of an amendment referred to in sub-section (1)(b). (4) The prescribed time within which the relevant building surveyor must decide an application for a permit— (a) ceases to run at the time that notice affecting the application is received by the relevant building surveyor under sub-section (1); and (b) recommences to run only when notice affecting the application is received by s. 15 -- 13 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 12 the relevant building surveyor under sub-section (3). (5) If a notice of an amendment has been given to the relevant building surveyor under sub- section (3)(c) the relevant building surveyor must, in considering under section 24 whether a building permit is consistent with any relevant planning permit, consider the requirements of the relevant planning scheme as amended by the amendment.'. 16. Regulation making powers After section 261(l) of the Building Act 1993 insert— "(la) fees payable for consideration of applications for permits under this Act by reporting authorities under section 28 or 29A;". 17. Consultation with reporting authorities (1) After clause 1(d) of Schedule 2 to the Building Act 1993 insert— "and (e) if the relevant building surveyor is required to give a copy of the application to an authority which is a reporting authority under section 28 or 29A, be accompanied by the relevant prescribed fees (if any) for payment to the reporting authority.". (2) In clause 4(1) of Schedule 2 to the Building Act 1993 after "required by" insert "this Act or". (3) After clause 4(2) of Schedule 2 to the Building Act 1993 insert— "(3) The relevant building surveyor must forward to a reporting authority with the copy of an application, any fees paid to the building s. 16 -- 14 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 13 surveyor under clause 1(e) in respect of that application and that reporting authority.". (4) After clause 5(1) of Schedule 2 to the Building Act 1993 insert— "(1A) If the applicant applies for a consent or report to an authority which is a reporting authority under section 28 or 29A, the application must be accompanied by the relevant prescribed fee (if any).". (5) After clause 6(4) of Schedule 2 to the Building Act 1993 insert— "(5) This clause does not apply to a responsible authority under the Planning and Environment Act 1987 in its capacity as a reporting authority for the purposes of section 29A of this Act.". 18. New clause 6A inserted in Schedule 2 After clause 6 of Schedule 2 to the Building Act 1993 insert— "6A. What if the reporting authority is the responsible authority under the Planning and Environment Act 1987? (1) This clause applies only to a responsible authority under the Planning and Environment Act 1987 in its capacity as a reporting authority for the purposes of section 29A of this Act. (2) Despite anything to the contrary in the regulations or any other Act or regulations, the relevant building surveyor may proceed to decide an application without a report being obtained if a copy of the report is not supplied by the reporting authority within the prescribed time. s. 18 -- 15 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 14 (3) Subject to sub-clause (4), a reporting authority is deemed to have consented to a permit if the authority has not within the prescribed time informed the relevant building surveyor of— (a) its consent to the application; or (b) its refusal of consent and the reasons for that refusal. (4) A reporting authority is deemed to have refused to consent to a permit if— (a) the authority is required under section 29A to refuse its consent; and (b) the authority has not within the prescribed time informed the relevant building surveyor of that refusal.". 19. Building surveyor to consider report of reporting authority After clause 7(3) of Schedule 2 to the Building Act 1993 insert— "(4) For the purposes of sub-clause (2) and without limiting that sub-clause— (a) a responsible authority under the Planning and Environment Act 1987 is a prescribed reporting authority; and (b) a demolition to which section 29A applies is a prescribed matter.". 20. Statute law revision In the Building Act 1993— (a) in section 221ZF(2) for "Board's" substitute "Commission's"; s. 19 -- 16 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 15 (b) in section 221ZV(5) for "Building Appeals Commission" substitute "Building Appeals Board"; (c) in sections 221ZW(7), 221ZX(1), 221ZZE(1), 221ZZN(8) and 221ZZN(9) for "Administrative Appeals Tribunal" (wherever occurring) substitute "Victorian Civil and Administrative Tribunal"; (d) in section 221ZZZN(1) for "Board" (where first occurring) substitute "Commission". _______________ s. 20 -- 17 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 16 PART 4—AMENDMENTS TO OTHER ACTS 21. Increase in penalties in Prostitution Control Act 1994 (1) In section 77(1) of the Prostitution Control Act 1994, for paragraph (a) substitute— "(a) a penalty of not more than 1200 penalty units; and" (2) In section 77(1)(b) of the Prostitution Control Act 1994, for "6 penalty units" substitute "60 penalty units". 22. Amendment of Residential Tenancies Act 1997 In section 517 of the Residential Tenancies Act 1997, after "Building Act 1993" insert ", except Part 12A,". 23. Amendment of Subdivision Act 1988 In section 43(1) of the Subdivision Act 1988— (a) after paragraph (h)(vii) insert— "(viia) the powers of a body corporate to provide services or to enter into agreements for the provision of services to members of the body corporate and the occupiers of lots; and (viib) the powers of a body corporate to require an owner of a lot to carry out reasonable repairs, maintenance and other works on that lot and the powers of a body corporate to carry out those works if the owner of the lot does not; and (viic) the disposition and investment on behalf of the members of a body corporate of money held by a body corporate; and"; and s. 21 -- 18 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 17 (b) in paragraph (ia) after "regulating" insert "and requiring". ═══════════════ s. 23 -- 19 of 20 -- Act No. 28/2000 Planning and Environment (Amendment) Act 2000 18 NOTES † Minister's second reading speech— Legislative Assembly: 13 April 2000 Legislative Council: 23 May 2000 The long title for the Bill for this Act was "to amend the Planning and Environment Act 1987, the Building Act 1993, the Prostitution Control Act 1994, the Residential Tenancies Act 1997 and the Subdivision Act 1988 and for other purposes." Notes -- 20 of 20 --