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Planning and Building Legislation Amendment
(Housing Affordability and Other Matters)
Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendment of Planning and Environment Act 1987 3
Division 1--Facilitation of affordable housing supply 3
3 Definitions 3
4 New sections 3AA and 3AB inserted 3
5 Objectives 5
6 Responsible authority may enter into agreements 5
Division 2--Applications to amend referred wind energy facility
planning permits 5
7 Definitions 5
8 What can a planning scheme provide for? 6
9 Application for amendment of permit 6
Part 3--Amendment of Building Act 1993 7
10 Work not to be carried out until protection requirements met 7
11 Grounds for immediate suspension 7
12 Council to administer building provisions in its municipal
district 7
13 Proceedings for offences 7
Part 4--Amendment of Building Amendment (Enforcement and
Other Measures) Act 2017 8
14 New sections 80A and 80B inserted 8
Part 5--Repeal of amending Act 9
15 Repeal of amending Act 9
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Clause Page
Endnotes 10
1 General information 10
ii
Planning and Building Legislation
Amendment (Housing Affordability and
Other Matters) Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Planning and Environment
Act 1987--
(i) to facilitate affordable housing supply;
and
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Planning and Building Legislation Amendment (Housing Affordability and
Other Matters) Act 2017
No. of 2017
Part 1--Preliminary
(ii) to modify the requirements for
determining certain applications to
amend wind farm planning permits; and
(b) to make miscellaneous amendments to
the Building Act 1993 and the Building
Amendment (Enforcement and Other
Measures) Act 2017.
2 Commencement
(1) This Act (except Part 2) comes into operation on
the day after the day on which this Act receives
the Royal Assent.
(2) Subject to subsection (3), Part 2 comes into
operation on a day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 1 June 2018, it
comes into operation on that day.
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Planning and Building Legislation Amendment (Housing Affordability and
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No. of 2017
Part 2--Amendment of Planning and Environment Act 1987
Part 2--Amendment of Planning and
Environment Act 1987
Division 1--Facilitation of affordable
housing supply
3 Definitions
In section 3(1) of the Planning and Environment
Act 1987 insert the following definition--
"affordable housing has the meaning given by
section 3AA;".
4 New sections 3AA and 3AB inserted
After section 3 of the Planning and
Environment Act 1987 insert--
"3AA Meaning of affordable housing
(1) For the purposes of this Act, affordable
housing is housing, including social
housing, that is appropriate for the housing
needs of any of the following--
(a) very low income households;
(b) low income households;
(c) moderate income households.
(2) For the purposes of determining what is
appropriate for the housing needs of very
low income households, low income
households and moderate income
households, regard must be had to the
matters specified by the Minister by notice
published in the Government Gazette.
(3) Matters specified by the Minister by notice
under subsection (2) cannot include price
ranges or prices for the purchase or rent of
housing.
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Planning and Building Legislation Amendment (Housing Affordability and
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No. of 2017
Part 2--Amendment of Planning and Environment Act 1987
(4) In this section--
low income households means households
with a household income within the
income range specified as a very low
income range by Order under
section 3AB;
moderate income households means
households with a household income
within the income range specified as a
moderate income range by Order under
section 3AB;
social housing has the same meaning as in
section 4(1) of the Housing Act 1983;
very low income households means
households with a household income
within the income range specified as a
very low income range by Order under
section 3AB.
3AB Order in Council specifying income
ranges
(1) The Governor in Council, on the
recommendation of the Minister, by Order
published in the Government Gazette, may
specify--
(a) a range of household income as a very
low income range; and
(b) a range of household income as a low
income range; and
(c) a range of household income as a
moderate income range.
(2) An Order under this section may specify a
range of household income as a very low
income range, a low income range or a
moderate income range by reference to
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Planning and Building Legislation Amendment (Housing Affordability and
Other Matters) Act 2017
No. of 2017
Part 2--Amendment of Planning and Environment Act 1987
statistical data published by the Australian
Bureau of Statistics.".
5 Objectives
After section 4(1)(f) of the Planning and
Environment Act 1987 insert--
"(fa) to facilitate the provision of affordable
housing in Victoria;".
6 Responsible authority may enter into agreements
(1) After section 173(1) of the Planning and
Environment Act 1987 insert--
"(1A) Without limiting subsection (1), a
responsible authority may enter into an
agreement with an owner of land for the
development or provision of land in
relation to affordable housing.".
(2) In section 173(3) of the Planning and
Environment Act 1987, after "subsection (1)"
insert "or (1A)".
Division 2--Applications to amend referred wind
energy facility planning permits
7 Definitions
In section 3(1) of the Planning and Environment
Act 1987 insert the following definitions--
"referred wind energy facility permit means a
permit required by a planning scheme to be
obtained for the use or development of land
as a wind energy facility, the application for
which was referred to and determined by the
Minister under Division 6 of Part 4;
wind energy facility means an electricity
generation facility that generates electricity
by converting wind energy into electricity;".
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Planning and Building Legislation Amendment (Housing Affordability and
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No. of 2017
Part 2--Amendment of Planning and Environment Act 1987
8 What can a planning scheme provide for?
(1) After section 6(2)(ke) of the Planning and
Environment Act 1987 insert--
"(kf) specify classes of applications to amend
referred wind energy facility permits that
are wholly exempted from the requirements
under section 97E(1) or for which the
requirements under section 97E(1) are
modified so as to require referral of
objections and submissions to an advisory
committee established under section 151;".
(2) After section 6(2) of the Planning and
Environment Act 1987 insert--
"(2A) For the purposes of subsection (2)(kf),
a class of application to amend a referred
wind energy facility permit may be specified
by reference to any of the following
characteristics of a wind energy facility--
(a) the total number of turbines;
(b) the maximum height of turbines;
(c) the location of turbines.".
9 Application for amendment of permit
After section 97I(2) of the Planning and
Environment Act 1987 insert--
"(3) Without limiting subsection (2), if an
application for an amendment of a referred
wind energy facility permit is of a class of
application specified in a planning scheme
for which objections and submissions must
be referred to an advisory committee,
section 97E applies to the application for the
amendment of the permit as if a reference to
a panel were a reference to the advisory
committee.".
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Planning and Building Legislation Amendment (Housing Affordability and
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No. of 2017
Part 3--Amendment of Building Act 1993
Part 3--Amendment of Building Act 1993
10 Work not to be carried out until protection
requirements met
For the note at the foot of section 88(1) of the
Building Act 1993 substitute--
"Note
There is a right of appeal to the Building Appeals
Board under section 141 against a determination under
section 87 as to the appropriateness of protection work or
a requirement under section 87 to give more information.
Under section 146, a decision under section 87 in respect of
which there is a right of appeal does not take effect until the
end of the appeal period, or the decision is affirmed on
appeal.".
11 Grounds for immediate suspension
In section 180(a) of the Building Act 1993, for
"insolvent under administration" (where secondly
occurring) substitute "subject to external
administration within the meaning of section 5-5
of Schedule 2 to the Corporations Act".
12 Council to administer building provisions in its
municipal district
Before section 212(2) of the Building Act 1993
insert--
"(1B) A council is not responsible for enforcing
an indictable offence against this Act.".
13 Proceedings for offences
In section 241(1) of the Building Act 1993, for
"an offence" substitute "a summary offence".
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Planning and Building Legislation Amendment (Housing Affordability and
Other Matters) Act 2017
No. of 2017
Part 4--Amendment of Building Amendment
(Enforcement and Other Measures) Act 2017
Part 4--Amendment of Building Amendment
(Enforcement and Other Measures) Act 2017
14 New sections 80A and 80B inserted
In section 6 of the Building Amendment
(Enforcement and Other Measures) Act 2017,
in proposed section 80A of the Building
Act 1993, for "( ) If" substitute "(4) If".
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Planning and Building Legislation Amendment (Housing Affordability and
Other Matters) Act 2017
No. of 2017
Part 5--Repeal of amending Act
Part 5--Repeal of amending Act
15 Repeal of amending Act
This Act is repealed on 1 June 2019.
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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Planning and Building Legislation Amendment (Housing Affordability and
Other Matters) Act 2017
No. of 2017
Endnotes
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:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Planning and Environment Act 1987 to facilitate affordable housing
supply and to modify the requirements for determining certain
applications to amend wind farm planning permits, to make
miscellaneous amendments to the Building Act 1993 and the Building
Amendment (Enforcement and Other Measures) Act 2017 and for
other purposes."
By Authority. Government Printer for the State of Victoria.
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