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Planning and Environment Amendment
Bill 2007
Introduction Print
EXPLANATORY MEMORANDUM
General
The main purpose of this Bill is to streamline the operation of the planning
system established under the Planning and Environment Act 1987.
The Bill also amends the Transfer of Land Act 1958 to provide for
approved forms to be made available electronically.
The Bill also makes minor amendments to the Subdivision Act 1988.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill which are--
(a) to amend the Planning and Environment Act 1987 to--
(i) extend the powers of the Victorian Civil and
Administrative Tribunal to cancel or amend planning
permits issued at its direction; and
(ii) to make other miscellaneous amendments to improve
the operation of that Act; and
(b) to amend the Transfer of Land Act 1958 to provide for
approved forms to be made available electronically; and
(c) to make minor amendments to the Subdivision Act 1988.
Clause 2 provides for the commencement of the Bill, apart from clause 9,
on the day after it receives Royal Assent. Clause 9 is to
commence on a day to be proclaimed, or on 1 September 2008, to
enable consequential regulations to be developed in the interim.
561060 1 BILL LA INTRODUCTION 20/6/2007
PART 2--AMENDMENTS TO THE PLANNING AND
ENVIRONMENT ACT 1987
In this Part, a reference to the Principal Act means the Planning and
Environment Act 1987.
Clause 3 updates definitions in the Principal Act to reflect current
administrative arrangements.
Clause 4 inserts in the Principal Act a new section 8A to clarify the
general responsibility of a municipal council as a planning
authority for any planning scheme in force in its municipal
district as well as for planning schemes for which it is preparing
amendments. Apart from this amendment, the new section 8A
has a similar effect to the existing section 9 of the Principal Act,
in that it provides for the powers of a municipal council to
prepare amendments to planning schemes. A municipal council
may only prepare an amendment if it is authorised to do so by
the Minister. The Minister may authorise a municipal council
to prepare an amendment to a planning scheme in force in its
municipal district or an adjoining municipal district.
The authorisation may be subject to conditions.
Special constraints apply to any planning scheme applying to
the Port of Melbourne area.
Clause 5 substitutes in the Principal Act a new section 9 making provision
for the Minister to authorise any other Minister or public
authority to prepare an amendment. The new section has a
similar effect to the existing section 9 of the Principal Act but
does not apply to municipal councils as municipal councils are to
be dealt with in the new section 8A inserted by clause 4.
Clause 6 repeals section 10(4) of the Principal Act, which is a provision
relating to the Port of Melbourne area now to be included in the
new section 8A.
Clause 7 updates section 12A(4) of the Principal Act for consistency with
the Local Government Act 1989.
Section 12A(4) requires that a municipal strategic statement
(part of a planning scheme) must be consistent with the current
Council Plan required under the Local Government Act 1989.
Clause 8 amends section 12B(1) of the Principal Act to alter the timeframe
within which a municipal council must review its planning
scheme. A planning authority which is a municipal council must
review its planning scheme no later than one year after the date
by which it is required to approve a Council Plan under the Local
Government Act 1989. The Minister may extend this period.
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Clause 9 amends section 49(1) of the Principal Act to alter a requirement
in relation to the register of applications for permits and decisions
and determinations relating to permits. Instead of the existing
requirement that the register be kept in a prescribed form, this
clause requires that the register include prescribed information.
Flexibility of format will facilitate use of new technology in
keeping the register.
Clause 10 repeals a section 82A of the Principal Act, which gave the former
Liquor Licensing Commission its own specific power to apply to
the Tribunal for review of a decision of the responsible authority.
The former Liquor Licensing Commission was established under
the repealed Liquor Control Act 1987. That body ceased to
exist after the enactment of the current Liquor Control Reform
Act 1998. The statutory basis for the provision no longer exists
and the power is no longer relevant or necessary.
Clause 11 amends subsection 87(6) of the Principal Act as a consequence
of the new section 87A inserted by clause 12 of this Bill.
This amendment is necessary to distinguish the power to cancel
or amend a permit under section 87 from the new power to cancel
or amend a permit under new section 87A. The fact that a permit
had been issued at the direction of the Tribunal will not itself
preclude the Tribunal from cancelling or amending that permit,
whether under section 87 or the new section 87A.
Clause 12 inserts in the Principal Act a new section 87A. The Tribunal
may, at the request of the owner or occupier of the land
concerned, or any person who is entitled to use or develop the
land concerned, cancel or amend a permit that has been issued at
its direction, if it considers it appropriate to do so. This power is
wider than that under section 87, in that the power is not
constrained by any limits similar to those found in section 87(1).
Those constraints are intended to protect the rights of owners
and occupiers of land in the case of requests by the responsible
authority or other persons to cancel or amend a permit.
Those constraints are not considered necessary in relation to the
new section 87A, given that this provision is only available to
owners and occupiers of the land concerned and persons who are
entitled to use or develop the land concerned.
Clause 13 amends section 88 of the Principal Act to confine its effect to
requests made under section 87, as distinct from requests made
under the new section 87A. The constraints imposed by section
88 about the time and circumstances under which a permit can be
amended or cancelled are not considered necessary in relation to
new section 87A, given that this new provision is only open to
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owners and occupiers of the land concerned and persons who are
entitled to use or develop the land concerned.
Clause 14 amends section 90(1)(d) of the Principal Act to ensure that a
person who makes a request under the new section 87A is
entitled to be heard at any Tribunal hearing about that request.
Clause 15 amends section 156 of the Principal Act to broaden the kinds of
costs and expenses associated with a panel that are able to be
recovered. Section 156 already requires the relevant planning
authority to pay fees, allowances and other costs and expenses
of panel members. The amendment extends this to require the
relevant planning authority to pay any reasonable costs and
expenses incurred for or by a panel in carrying out its functions,
unless the Minister otherwise directs.
Clause 16 amends section 202 of the Principal Act to broaden the
regulation-making power in that Act. The new provisions
provide that regulations may be of limited or general application,
may differ according to differences in time, place or
circumstance and may leave any matter or thing to be decided by
a responsible authority or a planning authority. The regulations
may also confer a discretionary authority or impose a duty on a
specified person or class of persons and may apply, adopt or
incorporate any matter contained in a document, whether wholly
or partially or as amended by the regulations or as in force at a
particular time or from time to time.
Clause 17 inserts new section 217 in the Principal Act, which is a
transitional provision consequential on the substitution of
section 9 in clause 5 of the Bill. New section 217 provides that
authorisations given by the Minister to municipal councils to
prepare amendments to planning schemes under section 9 will be
taken to be authorisations under new section 8A.
PART 3--AMENDMENTS TO OTHER ACTS
Division 1--Amendments to the Transfer of Land Act 1958
Clause 18 amends the definition of approved form in section 4(1) of the
Transfer of Land Act 1958. An approved form is no longer
required to bear the seal of the Office of Titles. This is necessary
to enable forms to be made available electronically.
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Clause 19 amends the provisions of section 121 of the Transfer of Land
Act 1958 to authorise the electronic provision of approved forms.
The Registrar of Titles may supply forms or make forms
available electronically free of charge or at moderate charge.
The Registrar of Titles may also license another person to print
and sell the form, or make it available electronically.
Division 2--Amendments to the Subdivision Act 1988
Clause 20 substitutes a new section 19(4) of the Subdivision Act 1988 to
ensure consistency with the Valuation of Land Act 1960.
The provision relates to a Council's valuation of land for the
purpose of section 19 of the Subdivision Act 1988 and provides
that such a valuation may be subject to the objection, appeal and
review mechanisms that are available under Part III of the
Valuation of Land Act 1960.
Clause 21 amends section 40(1)(c) of the Subdivision Act 1988 to clarify
that an applicant for subdivision may apply to the Victorian Civil
and Administrative Tribunal for review of a decision of a
municipal council or referral authority to require alterations to an
engineering plan.
Clause 22 amends the regulation-making power in section 43 of the
Subdivision Act 1988 to refer to an "application for review to
the Victorian Civil and Administrative Tribunal" in place of the
earlier terminology of an "appeal", which is no longer
appropriate.
PART 4--REPEAL OF AMENDING ACT
Clause 23 provides for the automatic repeal of this amending Act on
1 September 2009. As suggested by the Scrutiny of Acts and
Regulations Committee, all amending Acts now contain an
automatic repeal provision, which will save the time and expense
of having to repeal amending Acts in statute law revision Bills.
The repeal of this Act does not affect in any way the operation of
the amendments made by this Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
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