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Planning and Environment (Port of Melbourne) Bill Victorian Legislation and Parliamentary Documents Circulation Print EXPLANATORY MEMORANDUM PART 1--PRELIMINARY Clause 1 sets out the purposes of the Bill, which are to amend the Planning and Environment Act 1987 and the Planning and Environment (Planning Schemes) Act 1996 to facilitate planning for the Port of Melbourne and to provide for the preparation of a new planning scheme for the Port of Melbourne. Clause 2 provides for the Bill to come into operation on the day after the day on which it receives Royal Assent. PART 2--AMENDMENT OF PLANNING AND ENVIRONMENT ACT 1987 Clause 3 inserts into section 3 of the Planning and Environment Act 1987 a definition of the "Port of Melbourne Area" by reference to a plan lodged in the Central Plan Office. This clause also inserts new section 3(3) into the Planning and Environment Act 1987, which provides for alteration of the Port of Melbourne Area by order of the Governor in Council. Clause 4 inserts new section 8(4) into the Planning and Environment Act 1987, which prohibits a municipal council from preparing a planning scheme amendment relating to land within the Port of Melbourne Area. Clause 5 inserts new sections 7(3A) and 12A(7) into the Planning and Environment Act 1987, which have the effect that the planning scheme for the Port of Melbourne Area need not include a municipal strategic statement. Clause 6 amends section 201A of the Planning and Environment Act 1987 to include in this provision a reference to new section 201CA. New section 201CA provides that changes in boundaries of the Port of Melbourne Area made by an order under new 1 551098 BILL LA CIRCULATION 18/9/2003
section 3(3) will not affect things done under the previous planning scheme. Section 201A provides that things done or commenced by the "old" responsible authority are to have effect Victorian Legislation and Parliamentary Documents as if done, or that they may be completed, by the "new" responsible authority. Clause 7 inserts new section 201CA into the Planning and Environment Act 1987, which provides that if the land within the Port of Melbourne Area is altered by an order under new section 3(3), anything done under the planning scheme applicable to that land before the order continues to operate and have effect. However, subsequent administration and enforcement of that planning scheme in respect of the land is the responsibility of the applicable council (in the case of excluded land) or the Minister (in the case of included land). PART 3--AMENDMENT OF PLANNING AND ENVIRONMENT (PLANNING SCHEMES) ACT 1996 Clause 8 inserts new section 16A into the Planning and Environment (Planning Schemes) Act 1996, which inserts the definition of the "Port of Melbourne Area", this definition having the same meaning as the definition inserted into the Planning and Environment Act 1987 by clause 3. Clause 9 inserts new section 18(3) into the Planning and Environment (Planning Schemes) Act 1996, which exempts any part of a municipal district that is within the Port of Melbourne Area from the requirement for a municipal council to prepare a planning scheme in respect of that part of its municipal district. Clause 10 inserts new section 21(1A) into the Planning and Environment (Planning Schemes) Act 1996, which provides that the Minister for Planning may prepare a new planning scheme for the Port of Melbourne Area. Clause 11 inserts new section 27(2) into the Planning and Environment (Planning Schemes) Act 1996 to provide that it is the intention of section 22(2) of that Act, to the extent that it applies to a planning scheme for the Port of Melbourne Area prepared and approved by the Minister under new section 21(1A) of that Act, to alter or vary section 85 of the Constitution Act 1975. Section 22(2) protects planning schemes from challenges for invalidity and so limits the jurisdiction of the Supreme Court. 2