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PARLIAMENT OF VICTORIA
Planning and Environment Amendment (Growth
Areas Authority and Miscellaneous) Bill 2013
TABLE OF PROVISIONS
Clause 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
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Clause Page
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
571388B.I-5/3/2013 ii BILL LA INTRODUCTION 5/3/2013
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Planning and Environment Amendment
(Growth Areas Authority and
Miscellaneous) Bill 2013
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.
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--
5 (a) to enable growth areas to be declared
anywhere in Victoria; and
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Planning and Environment Amendment (Growth Areas Authority and
Miscellaneous) Bill 2013
Part 1--Preliminary
s. 2
(b) to expand the functions of the Growth Areas
Authority; and
(c) to make further provision in relation to the
criminal liability of officers of bodies
5 corporate; and
(d) to generally improve the operation of that
Act.
2 Commencement
(1) Subject to subsection (2), this Act comes into
10 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.
__________________
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Planning and Environment Amendment (Growth Areas Authority and
Miscellaneous) Bill 2013
Part 2--Amendment of Planning and Environment Act 1987
s. 3
PART 2--AMENDMENT OF PLANNING AND
ENVIRONMENT ACT 1987
Division 1--Amendments relating to growth areas and the
Growth Areas Authority
5 3 What is a growth area?
For section 46AO(1) and (2) of the Planning and See:
Act No.
Environment Act 1987 substitute-- 45/1987.
Reprint No. 10
"(1) The Minister may, by order published in the as at
27 April 2012
Government Gazette-- and
amending
10 (a) declare an area of land in Victoria to be Act Nos
a growth area for the purposes of this 38/2012,
43/2012,
Part; and 53/2012,
3/2013 and
(b) add land to that declared area; and 4/2013.
LawToday:
(c) remove land from that declared area.". www.
legislation.
vic.gov.au
15 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
20 (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--
25 "(h) to ensure that advice and recommendations
provided under this Part are consistent with
the objectives of planning in Victoria.".
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Miscellaneous) Bill 2013
Part 2--Amendment of Planning and Environment Act 1987
s. 6
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
5 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
10 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
15 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--
20 (a) Cardinia Shire Council;
(b) Casey City Council;
(c) Hume City Council;
(d) Melton City Council;
(e) Mitchell Shire Council;
25 (f) Whittlesea City Council;
(g) Wyndham City Council;".
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Planning and Environment Amendment (Growth Areas Authority and
Miscellaneous) Bill 2013
Part 2--Amendment of Planning and Environment Act 1987
s. 8
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
5 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
10 authority" substitute "referring responsible
authority (within the meaning of
section 97D(3))";
(c) in subsections (4) and (5), for "first
responsible authority" substitute
15 "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)
20 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
25 (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--
30 "(3) In this section referring responsible
authority means the responsible authority
that referred an application to the Minister
under section 97B or 97C.".
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Part 2--Amendment of Planning and Environment Act 1987
s. 12
12 Notice of availability
In section 97G(3) and (6) of the Planning and
Environment Act 1987, for "first responsible
authority" substitute "responsible authority
5 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
10 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
15 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
20 planning scheme".
16 What if the responsible authority changes?
In section 201A(a) of the Planning and
Environment Act 1987, after "96" insert ", 97H".
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Planning and Environment Amendment (Growth Areas Authority and
Miscellaneous) Bill 2013
Part 2--Amendment of Planning and Environment Act 1987
s. 17
Division 3--Amendments relating to directors' liability
17 Section 128 substituted
For section 128 of the Planning and
Environment Act 1987 substitute--
5 "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
10 (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.
15 (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);
20 (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
25 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
30 in relation to the commission of the
offence by the body corporate; and
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Miscellaneous) Bill 2013
Part 2--Amendment of Planning and Environment Act 1987
s. 17
(c) what steps the officer took, or could
reasonably have taken, to prevent the
commission of the offence by the body
corporate; and
5 (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
10 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
15 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--
20 body corporate has the same meaning as
corporation has in section 57A of the
Corporations Act;
officer in relation to a body corporate
means--
25 (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
30 referred to in paragraph (a)), by
whatever name called, who is
concerned in, or takes part in, the
management of the body
corporate.".
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Part 2--Amendment of Planning and Environment Act 1987
s. 18
18 Insertion of notes
(1) At the foot of section 48(2) of the Planning and
Environment Act 1987 insert--
"Note
5 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.".
10 (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).".
15 (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
20 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".
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Miscellaneous) Bill 2013
Part 2--Amendment of Planning and Environment Act 1987
s. 20
20 New sections 220A and 220B inserted
After section 220 of the Planning and
Environment Act 1987 insert--
"220A Transitional provision--Planning and
5 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
10 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
15 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
20 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
25 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
30 Planning and Environment Act 1987, for
"Shire" substitute "City".
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Planning and Environment Amendment (Growth Areas Authority and
Miscellaneous) Bill 2013
Part 2--Amendment of Planning and Environment Act 1987
s. 22
22 Statute law revision amendment
In the second example at the foot of section
201RE of the Planning and Environment Act
1987--
5 (a) omit "Example";
(b) for "RST Pty" substitute "2 RST Pty".
__________________
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Planning and Environment Amendment (Growth Areas Authority and
Miscellaneous) Bill 2013
Part 3--Repeal of amending Act
s. 23
PART 3--REPEAL OF AMENDING ACT
23 Repeal of amending Act
This Act is repealed on 19 March 2015.
Note
5 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 Environment Amendment (Growth Areas Authority and
Miscellaneous) Bill 2013
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571388B.I-5/3/2013 13 BILL LA INTRODUCTION 5/3/2013
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