Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


PLANNING AND ENVIRONMENT (GROWTH AREAS AUTHORITY) BILL 2006

                 PARLIAMENT OF VICTORIA

         Planning and Environment (Growth Areas
                   Authority) Act 2006
                                     Act No.


                         TABLE OF PROVISIONS
Clause                                                                    Page
  1.     Purpose                                                             1
  2.     Commencement                                                        1
  3.     Principal Act                                                       2
  4.     Definitions                                                         2
  5.     New Part 3AAB inserted                                              2
         PART 3AAB--GROWTH AREAS AUTHORITY                                   2
         Division 1--Introduction                                            2
         46AN. Definitions                                                   2
         46AO. What is a growth area?                                        3
         46AP. What is a growth area council?                                3
         Division 2--Growth Areas Authority                                  4
         46AQ.        Growth Areas Authority                                 4
         46AR.        Objectives                                             4
         46AS.        Functions                                              5
         46AT.        Powers                                                 6
         46AU.        Minister may give directions to the Growth Areas
                      Authority                                              6
         46AV.        Members                                                6
         46AW.        Chairperson and Deputy Chairperson                     7
         46AX.        Conditions of appointment of members                   7
         46AY.        Meetings                                               7
         46AZ.        Validity of decisions                                  8
         46AZA.       Disclosure of interests                                9
         46AZB.       Chief Executive Officer                               10
         46AZC.       Staff                                                 11
         46AZD.       Power of delegation                                   11
         Division 3--Business Plan                                          11
         46AZE. Annual business plan                                        11
         Division 4--General                                                12
         46AZF. Confidential information                                    12




                                          i
551459B.I1-2/5/2006                               BILL LA INTRODUCTION 2/5/2006

 


 

Clause Page 6. Responsibilities of development agencies 13 7. Minister may delegate some powers 13 8. Planning authorities and responsible authorities may delegate powers 14 9. Minister may delegate administration of planning schemes 14 ENDNOTES 15 ii 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Planning and Environment Act 1987 to establish the Growth Areas Authority and for other purposes. Planning and Environment (Growth Areas Authority) Act 2006 The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Planning and Environment Act 1987 to establish the Growth Areas Authority. 2. Commencement 5 (1) Subject to sub-section (2), this Act comes into operation on a day to be proclaimed. 1 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Planning and Environment (Growth Areas Authority) Act 2006 s. 3 Act No. (2) If this Act does not come into operation before 1 November 2006, it comes into operation on that day. 3. Principal Act See: In this Act, the Planning and Environment Act 5 Act No. 1987 is called the Principal Act. 45/1987. Reprint No. 8 as at 17 August 2005 and amending Act No. 18/2005. LawToday: www.dms. dpc.vic. gov.au 4. Definitions In section 3(1) of the Principal Act insert the following definitions-- ' "growth area" means an area of land for the 10 time being declared under section 46AO; "Growth Areas Authority" means the Growth Areas Authority established under section 46AQ;'. 5. New Part 3AAB inserted 15 After Part 3AA of the Principal Act insert-- 'PART 3AAB--GROWTH AREAS AUTHORITY Division 1--Introduction 46AN. Definitions In this Part-- 20 "Chief Executive Officer" means the Chief Executive Officer appointed under section 46AZB; 2 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Planning and Environment (Growth Areas Authority) Act 2006 s. 5 Act No. "member" means a member of the Growth Areas Authority. 46AO. What is a growth area? (1) The Minister may, by order published in the Government Gazette-- 5 (a) declare an area of land in the municipal district of one or more growth area councils to be a growth area for the purposes of this Part; and (b) add land in the municipal district of one 10 or more growth area councils to that declared area; and (c) remove land from that declared area. (2) A growth area declared under sub-section (1) may cover the whole or part of the municipal 15 district of a growth area council. (3) An order under sub-section (1) may specify a growth area by reference to a map, description or document. 46AP. What is a growth area council? 20 For the purposes of this Part, a growth area council is any of the following municipal councils-- (a) Cardinia Shire Council; (b) Casey City Council; 25 (c) Hume City Council; (d) Melton Shire Council; (e) Whittlesea City Council; (f) Wyndham City Council. 3 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Planning and Environment (Growth Areas Authority) Act 2006 s. 5 Act No. Division 2--Growth Areas Authority 46AQ. Growth Areas Authority (1) The Growth Areas Authority is established. (2) The Growth Areas Authority-- (a) is a body corporate with perpetual 5 succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name; and (d) is capable of acquiring, holding and 10 disposing of property; and (e) subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The common seal of the Growth Areas 15 Authority can only be used in a way approved by the Growth Areas Authority. (4) All courts and persons acting judicially must take judicial notice of the imprint of the common seal of the Growth Areas Authority 20 on a document and, until the contrary is proved, must presume that the document was properly sealed. 46AR. Objectives The objectives of the Growth Areas 25 Authority are-- (a) to ensure that development in growth areas occurs in a coordinated and timely manner; 4 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Planning and Environment (Growth Areas Authority) Act 2006 s. 5 Act No. (b) to ensure that infrastructure, services and facilities are provided in growth areas in a coordinated and timely manner; (c) to promote sustainable development of 5 land in growth areas; (d) to promote housing diversity and affordability in growth areas; (e) to promote employment opportunities in growth areas; 10 (f) to ensure that land is provided for commercial and industrial purposes in growth areas in a coordinated and timely manner; (g) to foster the development of 15 communities in growth areas. 46AS. Functions The functions of the Growth Areas Authority are-- (a) to make recommendations and report to 20 the Minister on-- (i) the planning, use, development and protection of land in growth areas; and (ii) the use and expenditure of levies 25 collected in growth areas under development contribution plans; and (iii) if requested by the Minister, any matter relating to the functions 30 and powers of the Growth Areas Authority; and 5 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Planning and Environment (Growth Areas Authority) Act 2006 s. 5 Act No. (iv) the Minister's functions and powers under this Act in respect of growth areas; and (b) to carry out any other function conferred on the Growth Areas 5 Authority under this Act. 46AT. Powers (1) The Growth Areas Authority may do all things that are necessary or convenient to enable it to perform its functions and achieve 10 its objectives. (2) Without limiting sub-section (1), the Growth Areas Authority may enter into any agreements, contracts or arrangements related to its functions, powers and 15 objectives. 46AU. Minister may give directions to the Growth Areas Authority (1) The Minister may give written directions to the Growth Areas Authority regarding the 20 exercise of its functions and powers. (2) The Growth Areas Authority must comply with a written direction of the Minister. 46AV. Members (1) The Growth Areas Authority is to consist of 25 not less than 5 members and not more than 7 members. (2) Members are to be appointed by the Governor in Council on the recommendation of the Minister. 30 6 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Planning and Environment (Growth Areas Authority) Act 2006 s. 5 Act No. (3) When recommending persons to be members, the Minister must ensure as far as is practicable that collectively the members of the Growth Areas Authority have skills, experience or knowledge relating to, 5 planning, development, economics, financial management, local government and housing. 46AW. Chairperson and Deputy Chairperson The Minister must appoint-- (a) one of the members to be the 10 Chairperson of the Growth Areas Authority; and (b) one of the members to be the Deputy Chairperson of the Growth Areas Authority. 15 46AX. Conditions of appointment of members (1) A member-- (a) holds office for the period specified in the instrument of appointment, which must be a period of not more than 20 5 years; (b) holds office on the terms and conditions determined by the Minister; (c) may be re-appointed. (2) A member is entitled to be paid the 25 remuneration and allowances set by the Minister in respect of that member. 46AY. Meetings (1) A meeting of the Growth Areas Authority is to be presided over by-- 30 (a) the Chairperson; or (b) in the absence of the Chairperson, the Deputy Chairperson; or 7 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Planning and Environment (Growth Areas Authority) Act 2006 s. 5 Act No. (c) in the absence of both the Chairperson and Deputy Chairperson, a member elected by the members present at the meeting. (2) A majority of the members for the time 5 being of the Authority constitutes a quorum at a meeting of the Authority. (3) The decision on a question of the majority of members present and voting on the question is the decision of the Growth Areas 10 Authority. (4) The person presiding at a meeting has-- (a) a deliberative vote; and (b) in the event of an equality of votes on any question, a second or casting vote. 15 (5) The Growth Areas Authority may conduct all or any part of a meeting by using telephones, video links or any other system of telecommunication. (6) Subject to this Part, the Growth Areas 20 Authority may otherwise regulate its own procedure. 46AZ. Validity of decisions (1) An act or decision of the Growth Areas Authority is not invalid merely because of-- 25 (a) a vacancy, including an initial vacancy, in the membership of the Authority; or (b) a defect or irregularity in, or in connection with, the appointment of a member of the Authority. 30 8 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Planning and Environment (Growth Areas Authority) Act 2006 s. 5 Act No. (2) Anything done by or in relation to a person purporting to act as a member of the Growth Areas Authority is not invalid merely because-- (a) the occasion for the appointment had 5 not arisen; or (b) there was a defect or irregularity in relation to the appointment; or (c) the appointment had ceased to have effect; or 10 (d) the occasion for the person to act had ceased. 46AZA. Disclosure of interests (1) A member who has a direct or an indirect pecuniary interest in any matter being 15 considered, or about to be considered, by the Growth Areas Authority must disclose the nature of that interest at a meeting of the Authority as soon as possible after becoming aware of the relevant facts. 20 (2) A member who holds an office or possesses property as a result of which, directly or indirectly, duties or interests may be created in conflict with his or her duties as a member, must disclose that fact at a meeting 25 of the Growth Areas Authority as soon as possible after becoming aware of the potential conflict. (3) The person presiding at a meeting at which a disclosure under this section is made must 30 ensure that the disclosure is recorded in the minutes of the meeting, and that the minutes also record full details of who voted on any matter in respect of which the disclosure was made. 35 9 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Planning and Environment (Growth Areas Authority) Act 2006 s. 5 Act No. (4) A person who has made a disclosure under this section must not take any further part in the discussion of, or vote on, the matter to which the disclosure relates. (5) If a member votes on a matter in 5 contravention of sub-section (4), the vote of the member must be disallowed. (6) A member is not to be regarded as having a pecuniary interest-- (a) in a matter relating to the supply of 10 goods or services to or by the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or (b) in a contract or arrangement only 15 because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial 20 interests in that company or body. 46AZB. Chief Executive Officer (1) The Growth Areas Authority may, with the approval of the Minister, appoint a person as Chief Executive Officer of the Growth Areas 25 Authority. (2) The Chief Executive Officer may be appointed for a period not exceeding five years. (3) The Chief Executive Officer holds office on 30 the terms and conditions specified in his or her instrument of appointment. 10 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Planning and Environment (Growth Areas Authority) Act 2006 s. 5 Act No. 46AZC. Staff The Growth Areas Authority may employ any person that it considers necessary to assist the Authority to perform its functions under this Act. 5 46AZD. Power of delegation The Growth Areas Authority may, by instrument, delegate to the Chief Executive Officer any function or power of the Growth Areas Authority under this Act, other than 10 this power of delegation. Division 3--Business Plan 46AZE. Annual business plan (1) Each year the Growth Areas Authority must submit to the Minister for approval, on or 15 before the date required by the Minister, a draft business plan that sets out-- (a) its objectives and priorities for the next 3 financial years; (b) financial projections for the next 20 3 financial years; (c) its budget for the next financial year; (d) what it intends to do over the next financial year; (e) any other matters that the Minister 25 requires in writing. (2) After amending its draft business plan in any way required by the Minister, the Growth Areas Authority must submit a final business plan to the Minister for approval on or before 30 the date required by the Minister. 11 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Planning and Environment (Growth Areas Authority) Act 2006 s. 5 Act No. (3) The Growth Areas Authority must not depart significantly from its budget without first obtaining the approval of the Minister. (4) The Growth Areas Authority must have regard to its current business plan in carrying 5 out its functions. (5) The Growth Areas Authority must ensure that a copy of its current business plan is-- (a) available for inspection by members of the public at its principal place of 10 business whenever that place is open to the public; and (b) published on the Internet. Division 4--General 46AZF. Confidential information 15 (1) A person who is, or has been-- (a) a member of the Growth Areas Authority; or (b) the Chief Executive Officer; or (c) a person employed to assist the Growth 20 Areas Authority to carry out its functions or achieve its objectives-- must not release information that the person knows, or should reasonably know, is confidential information. 25 Penalty: 100 penalty units. (2) For the purposes of this section, "confidential information" is information that-- (a) the Growth Areas Authority has 30 determined by resolution to be confidential; or 12 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Planning and Environment (Growth Areas Authority) Act 2006 s. 6 Act No. (b) the Chief Executive Officer has designated in writing to be confidential.". 6. Responsibilities of development agencies After section 46QB(3) of the Principal Act 5 insert-- "(3A) If the Growth Areas Authority is a collecting agency under this Part, a development agency to which an amount of levy is paid by the Growth Areas Authority under this Part 10 must, in accordance with any requirements of the Authority-- (a) report on the use of the amount in the development agency's annual report; and 15 (b) provide reports on the use of the amount to the Authority.". 7. Minister may delegate some powers (1) Insert the following heading to section 186 of the Principal Act-- 20 "Minister may delegate some powers". (2) In section 186(1) of the Principal Act-- (a) in paragraph (c), for "Department." substitute "Department; or"; (b) after paragraph (c) insert-- 25 "(d) the Growth Areas Authority; or (e) the Chief Executive Officer of the Growth Areas Authority.". 13 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Planning and Environment (Growth Areas Authority) Act 2006 s. 8 Act No. 8. Planning authorities and responsible authorities may delegate powers After section 188(1)(b) of the Principal Act insert-- "(c) the Growth Areas Authority; or 5 (d) the Chief Executive Officer of the Growth Areas Authority.". 9. Minister may delegate administration of planning schemes In section 190(1) of the Principal Act-- 10 (a) in paragraph (b), for "council." substitute "council; or"; (b) after paragraph (b) insert-- "(c) if the Minister is a responsible authority for a growth area or any part of a 15 growth area-- (i) the Growth Areas Authority; or (ii) the Chief Executive Officer of the Growth Areas Authority.". 14 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Planning and Environment (Growth Areas Authority) Act 2006 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 15 551459B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

 


[Index] [Search] [Download] [Related Items] [Help]