Victorian Numbered Acts Victorian Numbered ActsFor sections 8, 9 and 11 of the Planning and Environment Act 1987 substitute —
(1) The Minister may prepare—
(a) a planning scheme for any municipal district or other area of Victoria; or
(b) amendments to any provision of a planning scheme.
(2) The Minister is a planning authority under this Act.
(3) This Act applies to a planning scheme prepared by the Minister as if it were an amendment to a planning scheme.
(1) The Minister may authorise any other Minister or public authority to prepare an amendment to any part of the State standard provisions and local provisions of a planning scheme.
(2) The Minister, on the application of a municipal council, may authorise that municipal council to prepare an amendment to any part of the State standard provisions and local provisions of—
(a) a planning scheme in force in its municipal district; or
(b) a planning scheme applying to an area adjoining its municipal district.
(3) An application under sub-section (2) must be in writing in a form approved by the Minister and contain the information required by the Minister.
(4) An authorisation must be in writing.
(5) The Minister may authorise the preparation of an amendment subject to any conditions the Minister wishes to impose, including conditions relating to the giving of notice of the amendment.
(6) A person or body who is authorised under this
section to prepare an amendment to a planning scheme is a planning authority
under this Act.
s. 3
(1) The power given to a planning authority to prepare an amendment to the State standard provisions of a planning scheme extends only to the inclusion of a provision in or deletion of a provision from the State standard provisions of the planning scheme.
(2) A planning authority that is given power to amend more than one planning scheme may prepare amendments to two or more of those schemes in the one instrument.
(3) Only the Minister may include in an amendment a provision setting out the classes of land, use or development exempted from section 96(1) or 96(2).
(4) The Minister cannot authorise a municipal council to prepare an amendment to a planning scheme applying to the Port of Melbourne Area unless the amendment does not affect or apply to land in that Area.
(1) If the Minister authorises the preparation of an amendment to a planning scheme, the Minister must state in the authorisation whether—
(a) the planning authority is also authorised to approve the amendment under section 35B; or
(b) the amendment must be submitted to the Minister under section 31 for approval.
(2) The Minister, at any time before notice of the
approval of the amendment is published in the Government Gazette under
section 36, may, in writing, withdraw an authorisation under sub-section
(1)(a).
s. 3
(3) If the Minister withdraws an authorisation under sub-section (1)(a)—
(a) any approval of the amendment by the planning authority is, and is deemed always to have been, of no effect; and
(b) the amendment must be submitted to the Minister under section 31 for approval.
(4) The Minister cannot authorise a planning authority to approve an amendment under section 35B if—
(a) it is an amendment to a metropolitan fringe planning scheme within the meaning of Part 3AA—
(i) that amends or inserts an urban growth boundary within the meaning of that Part; or
(ii) that has the effect of altering or removing any controls over the subdivision of any green wedge land within the meaning of that Part to allow the land to be subdivided into more lots or into smaller lots than allowed for in the planning scheme; or
(b) the amendment is to be considered concurrently with an application for a permit under Division 5 of Part 4.".