Victorian Current Acts

PLANNING AND ENVIRONMENT ACT 1987 - SECT 46AZJ

    (1)     If a Statement of Planning Policy applies to any land to which a management plan under the Heritage Rivers Act 1992 applies, the Statement of Planning Policy must not be inconsistent with—

        (a)     that Act; or

        (b)     the management plan under that Act that applies to the land, unless the Minister administering that Act, after consulting the Minister administering the Act under which that land is controlled or managed, gives a specific written endorsement to the planning Minister authorising the inconsistency.

    (2)     If a Statement of Planning Policy applies to any land in a park within the meaning of the National Parks Act 1975 , the Statement of Planning Policy must not be inconsistent with—

        (a)     that Act; or

        (b)     any management plan under that Act unless the Minister administering that Act gives a specific written endorsement to the planning Minister authorising the inconsistency.

    (3)     If a Statement of Planning Policy applies to any land that is reserved under the Crown Land (Reserves) Act 1978 , the Statement of Planning Policy must not be inconsistent with—

        (a)     that Act; or

        (b)     the purpose for which that land is reserved; or

        (c)     any relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under  section 10(3) of that Act (as so in force); or

        (d)     any Government response (or amended Government response) under section 25, 26 or 26G of the Victorian Environmental Assessment Council Act 2001 to any report under section 23 or 26E of that Act applying to the land.

    (4)     If a Statement of Planning Policy applies to any land that is reserved under the Crown Land (Reserves) Act 1978 , and that land is subject to additional management requirements as a State Wildlife Reserve or a Nature Reserve under the Wildlife Act 1975 , the Statement of Planning Policy must not be inconsistent with—

        (a)     the Wildlife Act 1975 ; or

        (b)     any plan of management under the Wildlife Act 1975 unless the Minister administering that Act gives a specific written endorsement to the planning Minister authorising the inconsistency.

    (5)     If a Statement of Planning Policy applies to any land in a waterway management district for which a regional waterway strategy has been prepared under section 190 of the Water Act 1989 , the Statement of Planning Policy must not be inconsistent with—

        (a)     that Act; or

        (b)     that strategy unless the water Minister and the environment Minister (within the meaning of the Water Act 1989 ) jointly give a specific written endorsement to the planning Minister authorising the inconsistency.

    (6)     If a Statement of Planning Policy applies to any land which is the subject of a joint management plan under Part 8A of the  Conservation, Forests and Lands Act 1987 , the Statement of Planning Policy must not be inconsistent with—

        (a)     that Act; or

        (b)     that joint management plan unless the Minister responsible for Part 8A of that Act and the Traditional Owner Land Management Board in relation to the land jointly give a specific written endorsement to the planning Minister authorising the inconsistency.

    (7)     Notice of any endorsement under this section must be published in the Government Gazette by the entity giving the endorsement.

    (8)     In this section—

"planning Minister" means the Minister administering this Act;

"water Minister" means the Minister administering the Water Act 1989 .

Division 5—Duties of responsible public entities

S. 46AZK inserted by No. 17/2018 s. 4.