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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Planning and Environment Amendment (VicSmart
Planning Assessment) Bill 2012
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 1
PART 2--VICSMART PLANNING ASSESSMENT PROCESS
FOR PERMITS 3
3 What can a planning scheme provide for? 3
4 New section 13 substituted 3
13 Responsible authority 3
5 Register of applications 4
6 More information 5
7 Responsible authority not required to consider exempted matters 5
8 New section 61A inserted 5
61A Decisions where responsible authority is a council
officer 5
9 Matters for Tribunal to take into account 6
10 What if the responsible authority changes? 7
PART 3--REPEAL OF AMENDING ACT 8
11 Repeal of amending Act 8
ENDNOTES 9
571299B.I-6/6/2012 i BILL LC INTRODUCTION 6/6/2012
PARLIAMENT OF VICTORIA
Introduced in the Council
Planning and Environment Amendment
(VicSmart Planning Assessment) Bill
2012
A Bill for an Act to amend the Planning and Environment Act 1987
to introduce a new assessment process for specified permit
applications 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 to
5 introduce a new assessment process for specified
permit applications.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
571299B.I-6/6/2012 1 BILL LC INTRODUCTION 6/6/2012
Planning and Environment Amendment (VicSmart Planning Assessment)
Bill 2012
Part 1--Preliminary
s. 2
(2) If a provision of this Act does not come into
operation on or before 20 May 2013, it comes into
operation on that day.
__________________
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Planning and Environment Amendment (VicSmart Planning Assessment)
Bill 2012
Part 2--VicSmart Planning Assessment Process for Permits
s. 3
PART 2--VICSMART PLANNING ASSESSMENT PROCESS
FOR PERMITS
3 What can a planning scheme provide for?
(1) After section 6(2)(ha) of the Planning and See:
Act No.
5 Environment Act 1987 insert-- 45/1987.
Reprint No. 10
"(hb) set out different procedures for particular as at
27 April 2012.
classes of applications for permits;". LawToday:
www.
(2) After section 6(2)(kc) of the Planning and legislation.
Environment Act 1987 insert-- vic.gov.au
10 "(kca) set out classes of applications for permits
that are exempted from the requirements of
section 54;
(kcb) set out classes of applications for permits
that are exempted wholly or in part from the
15 requirements of section 60(1)(b) to (e)
and (1A);".
(3) After section 6(2)(kd) of the Planning and
Environment Act 1987 insert--
"(kda) set out classes of applications for review that
20 are exempted wholly or in part from the
requirements of section 84B(2)(b) to (ja);".
4 New section 13 substituted
For section 13 of the Planning and Environment
Act 1987 substitute--
25 "13 Responsible authority
(1) This section specifies who is the responsible
authority for the administration and
enforcement of--
(a) a planning scheme;
30 (b) a provision of a planning scheme;
571299B.I-6/6/2012 3 BILL LC INTRODUCTION 6/6/2012
Planning and Environment Amendment (VicSmart Planning Assessment)
Bill 2012
Part 2--VicSmart Planning Assessment Process for Permits
s. 5
(c) a planning scheme or a provision of a
planning scheme in relation to an area
of land covered by the planning
scheme;
5 (d) a planning scheme or a provision of a
planning scheme in relation to a type of
use or development;
(e) a planning scheme or a provision of a
planning scheme in relation to a class
10 or classes of application.
(2) The person who is the responsible authority
is--
(a) the municipal council, if the planning
scheme applies to land which is wholly
15 or partly in its municipal district, unless
the planning scheme specifies any other
person as the responsible authority; or
(b) the Minister, if the planning scheme
applies only to land outside a municipal
20 district, unless the planning scheme
specifies any other person as the
responsible authority; or
(c) any person whom the planning scheme
specifies as a responsible authority for
25 that purpose.".
5 Register of applications
After section 49(2) of the Planning and
Environment Act 1987 insert--
"(3) If the responsible authority in relation to an
30 application for a permit is an officer of the
municipal council, the responsible authority
in relation to the application for the purposes
of this section is the municipal council.".
571299B.I-6/6/2012 4 BILL LC INTRODUCTION 6/6/2012
Planning and Environment Amendment (VicSmart Planning Assessment)
Bill 2012
Part 2--VicSmart Planning Assessment Process for Permits
s. 6
6 More information
After section 54(2) of the Planning and
Environment Act 1987 insert--
"(3) If an application for a permit is of a class that
5 is exempted by a planning scheme from the
requirements of this section, the responsible
authority must not require the applicant to
provide it or the referral authority with more
information under this section before it deals
10 with the application.".
7 Responsible authority not required to consider
exempted matters
After section 60(3) of the Planning and
Environment Act 1987 insert--
15 "(3A) If an application for a permit is of a class that
is exempted by a planning scheme wholly or
in part from the requirements of subsections
(1)(b) to (e) and (1A), the responsible
authority is not required to consider the
20 exempted matters before deciding the
application.".
8 New section 61A inserted
After section 61 of the Planning and
Environment Act 1987 insert--
25 "61A Decisions where responsible authority is a
council officer
(1) This section applies if a council officer has a
power, duty or function as a responsible
authority.
30 (2) Section 80B of the Local Government Act
1989 applies to the council officer in relation
to the power, duty or function as if he or she
were a member of Council staff who has
been delegated the power, duty or function
35 by the municipal council.
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Planning and Environment Amendment (VicSmart Planning Assessment)
Bill 2012
Part 2--VicSmart Planning Assessment Process for Permits
s. 9
(3) The council officer must delegate the power,
duty or function to another council officer of
the municipal council if, under section 80B
of the Local Government Act 1989, the
5 council officer is prohibited from exercising
that power or discharging that duty or
function because he or she has a conflict of
interest.
(4) Any permit issued by the council officer is
10 taken to be a permit issued by the municipal
council as the responsible authority (except
for the purposes of a review under
section 80).
(5) In this section--
15 council officer means--
(a) a Chief Executive Officer within
the meaning of section 3(1) of the
Local Government Act 1989; or
(b) a member of Council staff within
20 the meaning of section 3(1) of the
Local Government Act 1989.".
9 Matters for Tribunal to take into account
After section 84B(2) of the Planning and
Environment Act 1987 insert--
25 "(3) If an application for review is of a class that
is exempted by a planning scheme wholly or
in part from the requirements of subsection
(2)(b) to (ja), the Tribunal is not required to
take into account or have regard to the
30 exempted matters in determining the
application.".
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Planning and Environment Amendment (VicSmart Planning Assessment)
Bill 2012
Part 2--VicSmart Planning Assessment Process for Permits
s. 10
10 What if the responsible authority changes?
After section 201A(b) of the Planning and
Environment Act 1987 insert--
"(ba) an amendment to an application for a permit;
5 or".
__________________
571299B.I-6/6/2012 7 BILL LC INTRODUCTION 6/6/2012
Planning and Environment Amendment (VicSmart Planning Assessment)
Bill 2012
Part 3--Repeal of amending Act
s. 11
PART 3--REPEAL OF AMENDING ACT
11 Repeal of amending Act
This Act is repealed on 20 May 2014.
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).
571299B.I-6/6/2012 8 BILL LC INTRODUCTION 6/6/2012
Planning and Environment Amendment (VicSmart Planning Assessment)
Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571299B.I-6/6/2012 9 BILL LC INTRODUCTION 6/6/2012
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