Professional Documents
Culture Documents
091
Planning and Environment Act 1987
No. 45 of 1987
Version incorporating amendments as at 8 June 2010
TABLE OF PROVISIONS
Section Page
PART 1PRELIMINARY 1
1 Purpose 1
2 Commencement 1
3 Definitions 1
4 Objectives 7
i
Section Page
ii
Section Page
iii
Section Page
46AT Powers 64
46AU Minister may give directions to the Growth Areas
Authority 64
46AV Members 64
46AW Chairperson and Deputy Chairperson 65
46AX Conditions of appointment of members 65
46AY Meetings 65
46AZ Validity of decisions 66
46AZA Disclosure of interests 67
46AZB Chief Executive Officer 68
46AZC Staff 68
46AZD Power of delegation 68
Division 3Business plan 69
46AZE Annual business plan 69
Division 4General 70
46AZF Confidential information 70
iv
Section Page
v
Section Page
vi
Section Page
vii
Section Page
viii
Section Page
ix
Section Page
x
Section Page
xi
Section Page
xii
Section Page
xiii
Section Page
SCHEDULERepealed 299
ENDNOTES 300
1. General Information 300
2. Table of Amendments 301
3. Explanatory Details 308
xiv
Version No. 091
Planning and Environment Act 1987
No. 45 of 1987
Version incorporating amendments as at 8 June 2010
PART 1PRELIMINARY
1 Purpose
The purpose of this Act is to establish a
framework for planning the use, development and
protection of land in Victoria in the present and
long-term interests of all Victorians.
2 Commencement
(1) Part 1 and section 204 come into operation on the
day on which this Act receives the Royal Assent.
(2) The rest of this Act comes into operation on a day
or days to be proclaimed.
3 Definitions
(1) In this Act S. 3(1)
amended by
No. 46/1998
s. 7(Sch. 1)
(ILA s. 39B(1)).
* * * * * S. 3(1) def. of
Administrative
Appeals
Tribunal
repealed by
No. 52/1998
s. 183(a).
1
Planning and Environment Act 1987
No. 45 of 1987
Part 1Preliminary
s. 3
building includes
(a) a structure and part of a building or a
structure; and
(b) fences, walls, out-buildings, service
installations and other appurtenances of
a building; and
(c) a boat or a pontoon which is
permanently moored or fixed to land;
S. 3(1) def. of committee of management means a committee of
committee of
management management of Crown lands appointed
inserted by under an Act;
No. 86/1989
s. 4(1)(a).
2
Planning and Environment Act 1987
No. 45 of 1987
Part 1Preliminary
s. 3
land includes
(a) buildings and other structures
permanently fixed to land; and
(b) land covered with water; and
(c) any estate, interest, easement, servitude,
privilege or right in or over land;
3
Planning and Environment Act 1987
No. 45 of 1987
Part 1Preliminary
s. 3
S. 3(1) def. of * * * * *
municipal
council
repealed by
No. 12/1989
s. 4(1)(Sch. 2
item 90.1).
4
Planning and Environment Act 1987
No. 45 of 1987
Part 1Preliminary
s. 3
and
(b) any area included in the Port of
Melbourne Area under subsection (3)
but excludes any area excluded from the Port
of Melbourne Area under subsection (3);
principal registrar means principal registrar of S. 3(1) def. of
principal
the Tribunal; registrar
inserted by
No. 52/1998
s. 183(b).
5
Planning and Environment Act 1987
No. 45 of 1987
Part 1Preliminary
s. 3
6
Planning and Environment Act 1987
No. 45 of 1987
Part 1Preliminary
s. 4
7
Planning and Environment Act 1987
No. 45 of 1987
Part 1Preliminary
s. 4
8
Planning and Environment Act 1987
No. 45 of 1987
Part 1Preliminary
s. 4
9
Planning and Environment Act 1987
No. 45 of 1987
Part 1AVictoria Planning Provisions
s. 4A
10
Planning and Environment Act 1987
No. 45 of 1987
Part 1AVictoria Planning Provisions
s. 4C
4C Approval of amendment S. 4C
inserted by
(1) The Minister may No. 77/1996
s. 5.
(a) approve an amendment or part of an
amendment to the Victoria Planning
Provisions prepared by the Minister or
submitted to the Minister under section 4B
(i) with or without changes; and
(ii) subject to any conditions the Minister
wishes to impose; or
(b) refuse to approve the amendment or part of
the amendment.
(2) If the Minister approves only part of an
amendment to the Victoria Planning Provisions
that part becomes a separate amendment.
(3) The Minister may approve further parts of an
amendment to the Victoria Planning Provisions at
any time.
4D Notice of approval S. 4D
inserted by
No. 77/1996
The Minister must publish notice of the s. 5.
approval of an amendment to the Victoria
Planning Provisions in the Government Gazette,
specifying the place or places at which any person
may inspect the amendment.
4E Commencement S. 4E
inserted by
No. 77/1996
An amendment to the Victoria Planning s. 5.
Provisions comes into operation
(a) when the notice of approval of the
amendment is published in the Government
Gazette; or
(b) on any later day or days specified in the
notice.
11
Planning and Environment Act 1987
No. 45 of 1987
Part 1AVictoria Planning Provisions
s. 4F
12
Planning and Environment Act 1987
No. 45 of 1987
Part 1AVictoria Planning Provisions
s. 4I
13
Planning and Environment Act 1987
No. 45 of 1987
Part 1AVictoria Planning Provisions
s. 4J
14
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 5
15
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 6
16
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 6
17
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 6
18
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 6A
19
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 6A
prescription, abandonment, or
otherwise by operation of law; or
(ii) the creation, variation or removal of
easements or restrictions by or under an
Act other than the Subdivision Act
1988; or
(iii) a person from proceeding under the
Subdivision Act 1988 in relation to the
creation, variation or removal of an
easement or restriction referred to in
subparagraph (i) or (ii); or
(b) regulate or provide for
S. 6A(3)(b)(i) (i) the variation or removal of a covenant
amended by
No. 93/1995 under Division 2 of Part 4 of the
s. 218(1) Heritage Act 1995 or section 3A of the
(Sch. 2
item 7.1). Victorian Conservation Trust Act
1972; or
(ii) the variation or removal of an easement
required to be created in favour of a
public authority, Council, Minister or
other person under an Act other than
the Subdivision Act 1988, without the
consent of that person; or
(c) allow a person to proceed under section 23
of the Subdivision Act 1988 to create, vary
or remove an easement or restriction over
land that the person does not own.
20
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 7
21
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 8A
8
22
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
23
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 9
24
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 11
25
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 12
26
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 12A
27
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 12B
28
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 13
29
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 14
30
Planning and Environment Act 1987
No. 45 of 1987
Part 2Planning Schemes
s. 16
31
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 17
32
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 19
33
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 19
34
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 20
35
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 20
36
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 21
37
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 21A
38
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 22
in the notice.
(2) The planning authority may consider a late
submission and must consider one if the Minister
directs.
(3) A planning authority must not consider a S. 22(3)
inserted by
submission which requests a change to the terms No. 77/1996
of any State standard provision to be included in s. 12(2).
39
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 24
40
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 25A
Planning Provisions.
(2) Subsection (1) does not apply if the Minister is the
planning authority.
26 Reports to be made public S. 26
substituted by
No. 5/1988
(1) The planning authority may make the panel's s. 4.
report available at its office during office hours
for any person to inspect free of charge at any
time after the planning authority receives the
report and must make it so available forthwith
if
(a) the planning authority has decided whether
or not to adopt the amendment; or
(b) 28 days have elapsed since it received the
panel's report.
(2) A report made available for inspection under
subsection (1) must be kept available for
inspection until the end of two months after the
amendment comes into operation or lapses.
27 Planning authority to consider panel's report S. 27
amended by
No. 86/1989
(1) The planning authority must consider the panel's s. 9(a).
report before deciding whether or not to adopt
the amendment.
(2) A planning authority may apply to the Minister S. 27(2)
inserted by
to exempt it from subsection (1) if the planning No. 86/1989
authority has not received the panel's report at s. 9(b).
the end of
(a) 6 months from the panel's appointment; or
(b) 3 months from the date on which the panel
completed its hearing
whichever is earlier.
41
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 28
42
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 31
Note Note to
s. 30(1)
An amendment may also lapse under Part 3AA. inserted by
No. 43/2003
s. 4(2).
43
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 32
44
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 35
45
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 35A
46
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 36
47
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 38
48
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 39
49
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 39
50
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 40
51
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 41
52
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 44
53
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 45
S. 44(4) (4) If
amended by
No. 18/1989
s. 13(Sch. 2
(a) a Minister or a council transfers land to any
item 63(a)). other person under subsection (3); and
(b) the instrument of transfer is lodged with the
Registrar of Titles together with a copy from
the Government Gazette of the notice of
approval of the amendment to the planning
scheme
the Registrar of Titles must make any recordings
in the Register that are necessary to give effect to
the transfer, without the production of any other
document.
(5) If a Minister or a council decides to keep the land
in the road for any purpose, section 54 of the
Transfer of Land Act 1958 applies as if the
Minister or the council had acquired the land
compulsorily.
45 Effect on easements for public utilities
Unless the planning scheme provides otherwise,
any right, power or interest which a municipal
council or a public authority had in the road in
connection with any drains, pipes, wires or cables
laid or erected in, on or over the road
(a) is not affected by the closure of the road by
an amendment to a planning scheme; and
(b) continues in the land after it vests in any
person or is sold under this Division; and
(c) may be noted by the Registrar of Titles as an
encumbrance on every certificate of title
issued as a result of this Division.
54
Planning and Environment Act 1987
No. 45 of 1987
Part 3Amendment of Planning Schemes
s. 46
55
Planning and Environment Act 1987
No. 45 of 1987
Part 3AAMetropolitan Green Wedge Protection
s. 46AA
56
Planning and Environment Act 1987
No. 45 of 1987
Part 3AAMetropolitan Green Wedge Protection
* * * * * S. 46AB
inserted by
No. 43/2003
s. 3,
repealed by
No. 23/2010
s. 4.
57
Planning and Environment Act 1987
No. 45 of 1987
Part 3AAMetropolitan Green Wedge Protection
s. 46AG
58
Planning and Environment Act 1987
No. 45 of 1987
Part 3AAMetropolitan Green Wedge Protection
s. 46AI
59
Planning and Environment Act 1987
No. 45 of 1987
Part 3AAMetropolitan Green Wedge Protection
s. 46AM
60
Planning and Environment Act 1987
No. 45 of 1987
Part 3AABGrowth Areas Authority
s. 46AN
61
Planning and Environment Act 1987
No. 45 of 1987
Part 3AABGrowth Areas Authority
s. 46AP
62
Planning and Environment Act 1987
No. 45 of 1987
Part 3AABGrowth Areas Authority
s. 46AR
63
Planning and Environment Act 1987
No. 45 of 1987
Part 3AABGrowth Areas Authority
s. 46AT
64
Planning and Environment Act 1987
No. 45 of 1987
Part 3AABGrowth Areas Authority
s. 46AW
65
Planning and Environment Act 1987
No. 45 of 1987
Part 3AABGrowth Areas Authority
s. 46AZ
66
Planning and Environment Act 1987
No. 45 of 1987
Part 3AABGrowth Areas Authority
s. 46AZA
67
Planning and Environment Act 1987
No. 45 of 1987
Part 3AABGrowth Areas Authority
s. 46AZB
68
Planning and Environment Act 1987
No. 45 of 1987
Part 3AABGrowth Areas Authority
s. 46AZE
69
Planning and Environment Act 1987
No. 45 of 1987
Part 3AABGrowth Areas Authority
s. 46AZF
Division 4General
S. 46AZF 46AZF Confidential information
inserted by
No. 33/2006 (1) A person who is, or has been
s. 5.
(a) a member of the Growth Areas Authority; or
(b) the Chief Executive Officer; or
(c) a person employed to assist the Growth
Areas Authority to carry out its functions or
achieve its objectives
must not release information that the person
knows, or should reasonably know, is confidential
information.
Penalty: 100 penalty units.
(2) For the purposes of this section, confidential
information is information that
(a) the Growth Areas Authority has determined
by resolution to be confidential; or
(b) the Chief Executive Officer has designated
in writing to be confidential.
_______________
70
Planning and Environment Act 1987
No. 45 of 1987
Part 3AUpper Yarra Valley and Dandenong RangesRegional Strategy
Plan s. 46A
71
Planning and Environment Act 1987
No. 45 of 1987
Part 3AUpper Yarra Valley and Dandenong RangesRegional Strategy
s. 46B Plan
72
Planning and Environment Act 1987
No. 45 of 1987
Part 3AUpper Yarra Valley and Dandenong RangesRegional Strategy
Plan s. 46B
73
Planning and Environment Act 1987
No. 45 of 1987
Part 3AUpper Yarra Valley and Dandenong RangesRegional Strategy
s. 46C Plan
74
Planning and Environment Act 1987
No. 45 of 1987
Part 3AUpper Yarra Valley and Dandenong RangesRegional Strategy
Plan s. 46E
75
Planning and Environment Act 1987
No. 45 of 1987
Part 3AUpper Yarra Valley and Dandenong RangesRegional Strategy
s. 46F Plan
76
Planning and Environment Act 1987
No. 45 of 1987
Part 3BDevelopment Contributions
s. 46H
77
Planning and Environment Act 1987
No. 45 of 1987
Part 3BDevelopment Contributions
s. 46I
78
Planning and Environment Act 1987
No. 45 of 1987
Part 3BDevelopment Contributions
s. 46K
79
Planning and Environment Act 1987
No. 45 of 1987
Part 3BDevelopment Contributions
s. 46L
80
Planning and Environment Act 1987
No. 45 of 1987
Part 3BDevelopment Contributions
s. 46M
81
Planning and Environment Act 1987
No. 45 of 1987
Part 3BDevelopment Contributions
s. 46N
82
Planning and Environment Act 1987
No. 45 of 1987
Part 3BDevelopment Contributions
s. 46O
agreement.
46O Collection of community infrastructure levy S. 46O
inserted by
No. 50/1995
(1) If s. 3.
(a) an approved development contributions
plan provides that a community
infrastructure levy is payable in respect of
the development of any land; and
(b) an application is made under the Building
Act 1993 for a building permit to carry out
building work in respect of that
development
the applicant must, before the building permit is
issued
(c) pay the amount of the levy to the relevant S. 46O(1)(c)
amended by
collecting agency; or No. 101/2004
s. 7.
agreement.
83
Planning and Environment Act 1987
No. 45 of 1987
Part 3BDevelopment Contributions
s. 46P
(2) If
(a) an approved development contributions plan
provides that a community infrastructure
levy is payable in respect of the development
of any land; and
(b) a building permit under the Building Act
1993 is not required for the building work
for that development
a person who proposes to carry out that
development of the land must, before
commencing the development
S. 46O(2)(c) (c) pay the amount of the levy to the relevant
amended by
No. 101/2004 collecting agency; or
s. 7.
84
Planning and Environment Act 1987
No. 45 of 1987
Part 3BDevelopment Contributions
s. 46Q
85
Planning and Environment Act 1987
No. 45 of 1987
Part 3BDevelopment Contributions
s. 46QA
S. 46Q(4) (4) If
amended by
No. 101/2004
s. 8(3)(b).
86
Planning and Environment Act 1987
No. 45 of 1987
Part 3BDevelopment Contributions
s. 46QB
87
Planning and Environment Act 1987
No. 45 of 1987
Part 3BDevelopment Contributions
s. 46QB
88
Planning and Environment Act 1987
No. 45 of 1987
Part 3BDevelopment Contributions
s. 46QC
89
Planning and Environment Act 1987
No. 45 of 1987
Part 3CMelbourne Airport Environs Strategy Plan
s. 46R
90
Planning and Environment Act 1987
No. 45 of 1987
Part 3CMelbourne Airport Environs Strategy Plan
s. 46T
91
Planning and Environment Act 1987
No. 45 of 1987
Part 3CMelbourne Airport Environs Strategy Plan
s. 46V
92
Planning and Environment Act 1987
No. 45 of 1987
Part 3CMelbourne Airport Environs Strategy Plan
s. 46W
93
Planning and Environment Act 1987
No. 45 of 1987
Part 3CMelbourne Airport Environs Strategy Plan
s. 46Y
94
Planning and Environment Act 1987
No. 45 of 1987
Part 3DWilliamstown Shipyard Site Strategy Plan
s. 46Z
95
Planning and Environment Act 1987
No. 45 of 1987
Part 3DWilliamstown Shipyard Site Strategy Plan
s. 46ZC
96
Planning and Environment Act 1987
No. 45 of 1987
Part 3DWilliamstown Shipyard Site Strategy Plan
s. 46ZD
97
Planning and Environment Act 1987
No. 45 of 1987
Part 3DWilliamstown Shipyard Site Strategy Plan
s. 46ZF
98
Planning and Environment Act 1987
No. 45 of 1987
Part 3DWilliamstown Shipyard Site Strategy Plan
s. 46ZH
99
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 47
PART 4PERMITS
100
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 48
orally or in writing.
Penalty: 60 penalty units.
49 Register of applications
(1) The responsible authority must keep a register S. 49(1)
amended by
containing the prescribed information in respect No. 47/2007
of s. 9.
101
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 50
102
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 50A
103
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 51
104
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 52
105
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 52
106
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 53
applications.
(6) If an application for a permit could fall within S. 52(6)
inserted by
more than one class of applications under No. 128/1993
subsection (4), the notice requirements relating s. 13(3).
52(1AA).
107
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 54
108
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 54A
109
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 54B
110
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 55
111
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 57
112
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 57A
113
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 57A
114
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 57B
115
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 58
116
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 60
117
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 60
118
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 60
119
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 60
120
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 61
121
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 62
122
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 62
123
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 62
S. 62(2)(k) * * * * *
inserted by
No. 53/1988
s. 45(Sch. 2
item 33) (as
amended by
No. 47/1989
s. 6(3)(f)),
repealed by
No. 48/1991
s. 62(a).
124
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 62
* * * * * S. 62(3)
substituted by
Nos 28/2000
s. 4, 100/2000
s. 11(1),
repealed by
No. 81/2004
s. 24.
125
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 63
126
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 65
or
(b) if an application for review is made within
that period, until the application is
determined by the Tribunal or withdrawn.
(4) A planning scheme may set out classes of S. 64(4)
inserted by
applications the decisions on which are No. 128/1993
exempted from the requirements of subsections s. 16(3).
127
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 67
128
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 68
129
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 69
69 Extension of time
(1) Before the permit expires or within three months
afterwards, the owner or the occupier of the land
to which it applies may ask the responsible
authority for an extension of time.
S. 69(2) (2) The responsible authority may extend the time
amended by
No. 48/1991 within which the use or development or any stage
s. 61(3)(b). of it is to be started or the development or any
stage of it is to be completed or within which a
plan under the Subdivision Act 1988 is to be
certified.
(3) If the time is extended after the permit has lapsed
the extension operates from the day the permit
expired.
70 Availability of permit
The responsible authority must make a copy of
every permit that it issues available at its office for
inspection by any person during office hours free
of charge.
71 Correction of mistakes
S. 71(1) (1) A responsible authority may correct a permit
amended by
No. 81/2004 issued by the responsible authority (including a
s. 25(1). permit issued at the direction of the Tribunal) if
the permit contains
(a) a clerical mistake or an error arising from
any accidental slip or omission; or
(b) an evident material miscalculation of figures
or an evident material mistake in the
description of any person, thing or property
referred to in the permit.
(2) The responsible authority must note the correction
in the register.
130
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 72
* * * * * S. 72
amended by
No. 86/1989
s. 4(2)(b),
repealed by
No. 81/2004
s. 25(2).
* * * * * S. 73
amended by
Nos 128/1993
s. 18(a)(b),
52/1998
s. 191(1),
28/2000 s. 5,
100/2000
s. 11(2) (ILA
s. 39B(1)),
repealed by
No. 81/2004
s. 25(2).
* * * * * Ss 7476
repealed by
No. 81/2004
s. 25(2).
131
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 73
132
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 76
133
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 76C
134
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 77
135
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 79
136
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 82
* * * * * S. 82A
inserted by
No. 97/1987
s. 176(2),
amended by
Nos 86/1989
s. 29(9),
52/1998
s. 191(4)(b),
repealed by
No. 47/2007
s. 10.
137
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 82B
138
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 83
83 Parties to review S. 83
amended by
No. 86/1989
(1) In addition to any other party to a proceeding for s. 11,
review under this Act, a referral authority is a substituted by
No. 52/1998
party to a proceeding for review s. 184.
(a) of a refusal to grant a permit if
(i) the referral authority had objected to
the grant of the permit; or
(ii) it was refused because a condition
required by the referral authority
conflicted with a condition required by
another referral authority; and
(b) of a permit condition if the referral authority
had required the condition to be included in
the permit.
(2) In addition to any other party to a proceeding for
review under this Act, an objector is a party to a
proceeding for review if the objector
(a) is given notice of the application for review
under this Act; and
(b) in accordance with the Victorian Civil and
Administrative Tribunal Act 1998, lodges
with the Tribunal a statement of the grounds
on which the objector intends to rely at the
hearing of the proceeding.
83A Objectors entitled to notice S. 83A
inserted by
No. 52/1998
(1) A person who objected to the grant of a permit s. 184.
is entitled to notice of an application by the
139
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 83B
140
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 84
141
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 84A
142
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 84B
143
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 85
144
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 85
145
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
146
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 87
86
86 Issue of permit S. 86
repealed by
If an order made by the Tribunal requires a No. 86/1989
responsible authority to issue a permit, the s. 15,
new s. 86
responsible authority must issue that permit inserted by
No. 62/1991
(a) if the responsible authority is a Minister, s. 34,
repealed by
within 3 working days after the day on No. 35/1995
which the responsible authority receives a s. 11(2),
new s. 86
copy of the order; or inserted by
No. 52/1998
(b) in any other case, within 3 working days s. 187.
after the first ordinary meeting of the
responsible authority held after it receives a
copy of the order.
Pt 4 Div. 3
Division 3Cancellation and amendment of permits by (Heading)
amended by
Tribunal No. 81/2004
s. 31.
147
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 87
148
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
149
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 87A
89
150
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
review.
151
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 90A
91
152
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 92
153
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 94
154
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 95
155
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
156
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 96
157
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 96A
S. 96(8) * * * * *
substituted by
No. 86/1989
s. 4(2)(e),
repealed by
No. 89/1997
s. 75(2).
Pt 4 Div. 5
(Heading and
Division 5Combined permit and amendment process25
ss 96A96N)
inserted by
No. 77/1996
s. 14.
S. 96A 96A Application for permit when amendment requested
inserted by
No. 77/1996
s. 14.
158
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 96A
159
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 96B
160
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 96C
application; and
(b) to the owners (except persons entitled to be
registered under the Transfer of Land Act
1958 as proprietor of an estate in fee simple)
and occupiers of land that it believes may be
materially affected by the amendment or
application; and
(c) to any Minister, public authority, municipal
council or person prescribed; and
(d) to the Minister administering the Land Act
1958 if the amendment provides for the
closure of a road wholly or partly on Crown
land; and
(e) to the responsible authority, if it is not the
planning authority; and
161
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 96C
162
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
163
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 96D
96E
164
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
165
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 96H
96I
166
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
167
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 96J
96K
168
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
169
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 97A
96N
S. 97 * * * * *
amended by
No. 31/1989
s. 13(4),
repealed by
No. 67/1995
26, 27
s. 57(2).
Pt 4 Div. 6
(Heading and Division 6Powers of Minister in relation to applications
ss 97A97M)
inserted by
No. 128/1993
s. 22.
170
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 97C
171
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 97E
172
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 97F
173
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
174
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 97H
97I
175
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
176
Planning and Environment Act 1987
No. 45 of 1987
Part 4Permits
s. 97M
97K
177
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MA
178
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MA
Column 1 Column 2
Suburb Municipal District in which
suburb is located:
Municipal district of:
Cranbourne Casey City Council
Dandenong Greater Dandenong City
Council
Doncaster Manningham City Council
Epping Whittlesea City Council
Footscray Maribyrnong City Council
Frankston Frankston City Council
Geelong Greater Geelong City Council
Glen Waverley Monash City Council
Greensborough Banyule City Council
Hawthorn Boroondara City Council
Maribyrnong Maribyrnong City Council
Moonee Ponds Moonee Valley City Council
Narre Warren Casey City Council
Prahran Stonnington City Council
South Yarra Stonnington City Council
Preston Darebin City Council
Ringwood Maroondah City Council
Sunshine Brimbank City Council
Sydenham Brimbank City Council
Wantirna South Knox City Council
Werribee Wyndham City Council
179
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MB
180
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MC
181
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MCA
182
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MD
183
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MG
184
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MK
185
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97ML
186
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MM
187
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MO
188
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MR
189
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MT
190
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MU
Subdivision 1General
97MW Definition S. 97MW
inserted by
In this Division (except in Subdivisions 5 and No. 66/2009
6), a member of a DAC includes an alternate s. 5.
191
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MY
192
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MZ
former position
(a) to gain or attempt to gain, directly or
indirectly, an advantage for themselves or for
any other person; or
(b) to cause, or attempt to cause, detriment to the
DAC or to a responsible authority.
Penalty: 100 penalty units.
(2) For the purposes of this section, circumstances
involving the misuse of a position or former
position by a person who is, or has been, a
member of a DAC include
(a) making improper use of information
acquired as a result of being a member of the
DAC; or
(b) disclosing information that is confidential
information; or
(c) seeking to improperly influence a person
who has a duty or is engaged to provide
advice, a report or other services, including
administrative services, to the DAC; or
(d) attempting to exercise a power or function
that he or she is not authorised to exercise; or
(e) using public funds improperly or in an
unauthorised manner.
(3) This section
(a) has effect in addition to, and not in
derogation from, any Act or law relating to
the criminal or civil liability of a member of
a DAC; and
193
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MZA
194
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MZC
195
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MZD
196
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MZE
197
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MZF
198
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MZG
199
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MZH
200
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MZI
201
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MZL
202
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MZM
203
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MZN
204
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MZQ
205
Planning and Environment Act 1987
No. 45 of 1987
Part 4AADevelopment Assessment Committees
s. 97MZT
206
Planning and Environment Act 1987
No. 45 of 1987
Part 4ACertificates of Compliance
s. 97N
207
Planning and Environment Act 1987
No. 45 of 1987
Part 4ACertificates of Compliance
s. 97Q
97P
208
Planning and Environment Act 1987
No. 45 of 1987
Part 4ACertificates of Compliance
209
Planning and Environment Act 1987
No. 45 of 1987
Part 4ACertificates of Compliance
s. 97R
210
Planning and Environment Act 1987
No. 45 of 1987
Part 5Compensation
s. 98AA
PART 5COMPENSATION
98AA Definitions S. 98AA
inserted by
In this Part No. 86/1989
s. 17.
occupier does not include a committee of
management;
owner does not include an owner within the
meaning of paragraph (c) or (d) of the
definition of owner in section 3.
98 Right to compensation
(1) The owner or occupier of any land may claim
compensation from the planning authority for
financial loss suffered as the natural, direct and
reasonable consequence of
(a) the land being reserved for a public purpose
under a planning scheme; or
(b) the land being shown as reserved for a public
purpose in a proposed amendment to a
planning scheme of which notice has been
published in the Government Gazette under
section 19; or
(c) a declaration of the Minister under
section 113 that the land is proposed to be
reserved for a public purpose; or
(d) access to the land being restricted by the
closure of a road by a planning scheme.
(2) The owner or occupier of any land may claim
compensation from a responsible authority for
financial loss suffered as the natural, direct and
reasonable consequence of a refusal by the
responsible authority to grant a permit to use or
develop the land on the ground that the land is or
will be needed for a public purpose.
211
Planning and Environment Act 1987
No. 45 of 1987
Part 5Compensation
s. 99
212
Planning and Environment Act 1987
No. 45 of 1987
Part 5Compensation
s. 100
213
Planning and Environment Act 1987
No. 45 of 1987
Part 5Compensation
s. 101
214
Planning and Environment Act 1987
No. 45 of 1987
Part 5Compensation
s. 104
215
Planning and Environment Act 1987
No. 45 of 1987
Part 5Compensation
s. 105
216
Planning and Environment Act 1987
No. 45 of 1987
Part 5Compensation
s. 107
217
Planning and Environment Act 1987
No. 45 of 1987
Part 5Compensation
s. 109
218
Planning and Environment Act 1987
No. 45 of 1987
Part 5Compensation
s. 110
219
Planning and Environment Act 1987
No. 45 of 1987
Part 5Compensation
s. 111
220
Planning and Environment Act 1987
No. 45 of 1987
Part 5Compensation
s. 112
221
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 114
222
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 115
* * * * * S. 115(3)
amended by
No. 62/1991
ss 25(3), 35(3),
repealed by
No. 52/1998
s. 188(3).
* * * * * S. 115(4)
inserted by
No. 62/1991
s. 35(4),
repealed by
No. 52/1998
s. 188(3).
* * * * * S. 115(5)
inserted by
No. 62/1991
s. 35(4),
repealed by
No. 52/1998
s. 188(3).
223
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 116
224
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 119
225
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 120
226
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 121
227
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 122
122 Offences
S. 122(1)(3) * * * * *
repealed by
No. 52/1998
s. 188(4)(e).
S. 122(4) * * * * *
amended by
No. 52/1998
s. 188(4)(f),
repealed by
No. 28/2000
s. 9.
228
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 124
229
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 127
230
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 129
231
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 130
232
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 133
* * * * * S. 131
amended by
No. 86/1989
s. 18(5)(6),
repealed by
No. 32/2006
s. 94(Sch.
item 37(2)).
* * * * * S. 132
amended by
Nos 57/1989
s. 3(Sch.
item 153),
86/1989
s. 18(7)(8),
repealed by
No. 32/2006
s. 94(Sch.
item 37(2)).
233
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 134
234
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 136
235
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 140
236
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 140
237
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 141
238
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 142
239
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 144
240
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 145
241
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 146
242
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 147
243
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 148
244
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 149A
245
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 149B
246
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 150
247
Planning and Environment Act 1987
No. 45 of 1987
Part 6Enforcement and Legal Proceedings
s. 150
248
Planning and Environment Act 1987
No. 45 of 1987
Part 7Advisory Committees
s. 151
249
Planning and Environment Act 1987
No. 45 of 1987
Part 7Advisory Committees
s. 151
_______________
250
Planning and Environment Act 1987
No. 45 of 1987
Part 8Panels
s. 153
PART 8PANELS
251
Planning and Environment Act 1987
No. 45 of 1987
Part 8Panels
s. 157
252
Planning and Environment Act 1987
No. 45 of 1987
Part 8Panels
s. 158
Division 2Hearings
159 Directions about hearings
(1) A panel may give directions about
(a) the times and places of hearings; and
(b) matters preliminary to hearings; and
(c) the conduct of hearings.
(2) The panel may refuse to hear any person who fails
to comply with a direction of the panel.
160 Hearings to be in public
(1) A panel must conduct its hearings in public unless
any person making a submission objects to
making the submission in public and the panel is
satisfied that the submission is of a confidential
nature.
(2) A panel may by order exclude from its
proceedings a person who does an act referred to
in section 169.
161 General procedure for hearings
(1) In hearing submissions, a panel
(a) must act according to equity and good
conscience without regard to technicalities or
legal forms; and
(b) is bound by the rules of natural justice; and
(c) is not required to conduct the hearing in a
formal manner; and
253
Planning and Environment Act 1987
No. 45 of 1987
Part 8Panels
s. 162
254
Planning and Environment Act 1987
No. 45 of 1987
Part 8Panels
s. 165
255
Planning and Environment Act 1987
No. 45 of 1987
Part 8Panels
s. 169
256
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 171
PART 9ADMINISTRATION
257
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 172
258
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 173
Division 2Agreements29
173 Responsible authority may enter into agreements
(1) A responsible authority may enter into an
agreement with an owner of land in the area
covered by a planning scheme for which it is a
responsible authority.
(2) A responsible authority may enter into the
agreement on its own behalf or jointly with any
other person or body.
(3) A responsible authority may enter into an
agreement under subsection (1) with a person in
anticipation of that person becoming the owner of
the land.
259
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 174
260
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 175
261
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 177
262
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 180
263
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 182
S. 183(4) * * * * *
repealed by
No. 85/1998
s. 24(Sch.
item 45.9).
264
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 184
265
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 185A
266
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 185AA
Division 4Delegation
185AA Interpretation S. 185AA
inserted by
(1) In this Division, Act includes any regulation, No. 128/1993
s. 30.
planning scheme, permit or agreement made
under an Act.
(2) Nothing in subsection (1) limits or affects the
meaning of "Act" in any other provision of this
Act (other than this Division).
S. 186
186 Minister may delegate some powers (Heading)
inserted by
(1) The Minister may by instrument delegate any of No. 33/2006
his or her powers, discretions or functions under s. 7(1).
S. 186(1)(b)
(b) a committee of employees of the substituted by
Department; or No. 35/1995
s. 11(1)(j),
amended by
No. 46/1998
s. 7(Sch. 1).
S. 186(1)(c)
(c) any employee of the Department; or substituted by
No. 35/1995
s. 11(1)(j),
amended by
Nos 46/1998
s. 7(Sch. 1),
33/2006
s. 7(2)(a).
S. 186(1)(d)
(d) the Growth Areas Authority; or inserted by
No. 33/2006
s. 7(2)(b).
S. 186(1)(e)
(e) the Chief Executive Officer of the Growth inserted by
Areas Authority. No. 33/2006
s. 7(2)(b).
267
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 187
268
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 189
269
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 191
Division 5Hearings
191 Appointment of committee
A planning authority or responsible authority may
nominate a committee of two or more persons to
hear any person
(a) whom the authority is authorised or required
to hear before it makes a decision; or
(b) to whom the authority must give an
opportunity to be heard before it makes a
decision.
192 Who may be on the committee?
The committee may include a member of the
planning authority or responsible authority.
270
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 193
271
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 197
Division 6Time
197 Expedition
Where the Minister or any responsible authority,
planning authority, public authority, municipal
council, panel, committee or officer is required to
do any act, including making any decision or
forming any opinion, that act must be done as
promptly as is reasonably practicable, in any event
within the time limits prescribed or any extension
of those time limits allowed by or under this Act,
so that loss or damage to any person from
unreasonable or unnecessary delay is avoided.
272
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 200
* * * * * S. 199(2)(a)
repealed by
No. 81/2004
s. 41.
273
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 201
274
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 201A
275
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 201B
276
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 201C
277
Planning and Environment Act 1987
No. 45 of 1987
Part 9Administration
s. 201D
S. 201D(1) * * * * *
repealed by
No. 52/1998
s. 191(13)(c).
S. 201D(3) * * * * *
inserted by
No. 77/1996
s. 16(2),
repealed by
No. 52/1998
s. 191(13)(c).
_______________
278
Planning and Environment Act 1987
No. 45 of 1987
Part 9AProjects of State or Regional SignIficance
s. 201E
* * * * *
201F Declaration of project S. 201F
inserted by
No. 103/1997
The Minister may, by notice published in the s. 3.
Government Gazette, declare a development or
proposed development to be of State or regional
significance.
279
Planning and Environment Act 1987
No. 45 of 1987
Part 9AProjects of State or Regional SignIficance
s. 201G
280
Planning and Environment Act 1987
No. 45 of 1987
Part 9AProjects of State or Regional SignIficance
s. 201K
281
Planning and Environment Act 1987
No. 45 of 1987
Part 9AProjects of State or Regional SignIficance
s. 201L
282
Planning and Environment Act 1987
No. 45 of 1987
Part 9AProjects of State or Regional SignIficance
s. 201M
283
Planning and Environment Act 1987
No. 45 of 1987
Part 9AProjects of State or Regional SignIficance
s. 201O
284
Planning and Environment Act 1987
No. 45 of 1987
Part 9AProjects of State or Regional SignIficance
s. 201Q
285
Planning and Environment Act 1987
No. 45 of 1987
Part 9AProjects of State or Regional SignIficance
s. 201Q
_______________
286
Planning and Environment Act 1987
No. 45 of 1987
Part 10Regulations
s. 202
PART 10REGULATIONS
202 General regulation-making powers S. 202
amended by
(1) The Governor in Council may make regulations No. 47/2007
with respect to s. 16 (ILA
s. 39B(1)).
(a) prescribing any manner or form of giving S. 202(a)
amended by
notice of a planning scheme or an No. 81/2004
amendment or an application for a permit s. 42(1).
287
Planning and Environment Act 1987
No. 45 of 1987
Part 10Regulations
s. 202
288
Planning and Environment Act 1987
No. 45 of 1987
Part 10Regulations
s. 203
289
Planning and Environment Act 1987
No. 45 of 1987
Part 10Regulations
s. 203
290
Planning and Environment Act 1987
No. 45 of 1987
Part 11Repeals, Transitional and Savings
s. 206
* * * * * S. 205
repealed by
No. 86/1989
s. 24.
291
Planning and Environment Act 1987
No. 45 of 1987
Part 11Repeals, Transitional and Savings
s. 207
292
Planning and Environment Act 1987
No. 45 of 1987
Part 11Repeals, Transitional and Savings
s. 208
293
Planning and Environment Act 1987
No. 45 of 1987
Part 11Repeals, Transitional and Savings
s. 208
S. 210 * * * * *
amended by
No. 5/1988
s. 8(1)(2),
repealed by
No. 52/1998
s. 192.
294
Planning and Environment Act 1987
No. 45 of 1987
Part 11Repeals, Transitional and Savings
s. 211
295
Planning and Environment Act 1987
No. 45 of 1987
Part 11Repeals, Transitional and Savings
s. 213
296
Planning and Environment Act 1987
No. 45 of 1987
Part 11Repeals, Transitional and Savings
s. 215
297
Planning and Environment Act 1987
No. 45 of 1987
Part 11Repeals, Transitional and Savings
s. 216
298
Planning and Environment Act 1987
No. 45 of 1987
Sch.
* * * * * Sch.
amended by
Nos 5/1988
s. 9(a)(c),
53/1988
s. 45(Sch. 3
item 58) (as
amended by
No. 47/1989
s. 23(2)),
86/1989
s. 29(8),
repealed by
No. 86/1989
s. 24.
299
Planning and Environment Act 1987
No. 45 of 1987
Endnotes
ENDNOTES
1. General Information
Minister's second reading speech
Legislative Assembly: 26 February 1987
Legislative Council: 24 March 1987
The long title for the Bill for this Act was "A Bill to establish a framework
for planning the use and development of land in Victoria and for other
purposes.".
The Planning and Environment Act 1987 was assented to on 27 May 1987
and came into operation as follows:
Part 1, section 204 on 27 May 1987: section 2(1); rest of Act (except
Schedule items 118, 119) on 16 February 1988: Government Gazette
10 February 1988 page 218.
Schedule items 118, 119 were repealed unproclaimed by No. 86/1989.
300
Planning and Environment Act 1987
No. 45 of 1987
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Planning and
Environment Act 1987 by Acts and subordinate instruments
LoddonCampaspe Regional Planning Authority Act 1987, No. 59/1987
Assent Date: 27.10.87
Commencement Date: S. 14 on 16.2.88: s. 2(2); rest of Act on 15.2.88:
Government Gazette 10.2.88 p. 218
Current State: All of Act in operation
Liquor Control Act 1987, No. 97/1987 (as amended by No. 70/1988)
Assent Date: 1.12.87
Commencement Date: S. 176(1)(2) on 3.5.88: Government Gazette 27.4.88
p. 1044; s. 176(3) uncommenced, later repealed by
No. 122/1993
Current State: This information relates only to the provision/s
amending the Planning and Environment Act 1987
Planning and Environment (Amendment) Act 1988, No. 5/1988
Assent Date: 15.4.88
Commencement Date: Ss 13, 59, 11 on 16.2.88: s. 2(1); ss 4, 10 on 15.4.88:
s. 2(2)
Current State: All of Act in operation
Subdivision Act 1988, No. 53/1988 (as amended by No. 47/1989)
Assent Date: 31.5.88
Commencement Date: 30.10.89: Government Gazette 4.10.89 p. 2532
Current State: All of Act in operation
Local Government (Consequential Provisions) Act 1989, No. 12/1989
Assent Date: 9.5.89
Commencement Date: S. 4(1)(Sch. 2 item 90.1) on 1.11.89: Government
Gazette 1.11.89 p. 2798; s. 4(1)(Sch. 2 items 90.2,
90.3) on 1.10.92: Government Gazette 23.9.92 p. 2789
Current State: This information relates only to the provision/s
amending the Planning and Environment Act 1987
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date: 16.5.89
Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488
Current State: All of Act in operation
Extractive Industries (Amendment) Act 1989, No. 31/1989
Assent Date: 6.6.89
Commencement Date: S. 13(4) on 16.2.88: s. 2(4); s. 13(5) on 30.8.89:
Government Gazette 30.8.89 p. 2211See
Interpretation of Legislation Act 1984
Current State: This information relates only to the provision/s
amending the Planning and Environment Act 1987
301
Planning and Environment Act 1987
No. 45 of 1987
Endnotes
302
Planning and Environment Act 1987
No. 45 of 1987
Endnotes
303
Planning and Environment Act 1987
No. 45 of 1987
Endnotes
304
Planning and Environment Act 1987
No. 45 of 1987
Endnotes
305
Planning and Environment Act 1987
No. 45 of 1987
Endnotes
306
Planning and Environment Act 1987
No. 45 of 1987
Endnotes
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006,
No. 80/2006
Assent Date: 10.10.06
Commencement Date: S. 26(Sch. item 82) on 11.10.06: s. 2(1)
Current State: This information relates only to the provision/s
amending the Planning and Environment Act 1987
Road Legislation (Projects and Road Safety) Act 2006, No. 81/2006
Assent Date: 10.10.06
Commencement Date: S. 60 on 11.10.06: s. 2(1)
Current State: This information relates only to the provision/s
amending the Planning and Environment Act 1987
Planning and Environment Amendment Act 2007, No. 47/2007
Assent Date: 25.9.07
Commencement Date: Ss 38, 1017 on 26.9.07: s. 2(1); s. 9 on 1.9.08: s.
2(3)
Current State: This information relates only to the provision/s
amending the Planning and Environment Act 1987
Public Administration Amendment Act 2009, No. 27/2009
Assent Date: 17.6.09
Commencement Date: Ss 24(1), 25 on 18.6.09: s. 2(1); s. 24(2) on 30.6.09:
s. 2(3)
Current State: This information relates only to the provision/s
amending the Planning and Environment Act 1987
Planning Legislation Amendment Act 2009, No. 66/2009
Assent Date: 17.11.09
Commencement Date: Ss 35 on 18.11.09: s. 2
Current State: This information relates only to the provision/s
amending the Planning and Environment Act 1987
Planning and Environment Amendment (Growth Areas Infrastructure
Contribution) Act 2010, No. 23/2010
Assent Date: 1.6.10
Commencement Date: Ss 35 on 8.6.10: Special Gazette (No. 212) 8.6.10
p. 1
Current State: This information relates only to the provision/s
amending the Planning and Environment Act 1987
307
Planning and Environment Act 1987
No. 45 of 1987
Endnotes
3. Explanatory Details
1
S. 3(1) def. of Victoria Planning Provisions: Part 3 (ss 16A27) of the
Planning and Environment (Planning Schemes) Act 1996, No. 77/1996
reads as follows:
PART 3TRANSITIONAL
S. 16A inserted by No. 77/2003 s. 8.
308
Planning and Environment Act 1987
No. 45 of 1987
309
Planning and Environment Act 1987
No. 45 of 1987
310
Planning and Environment Act 1987
No. 45 of 1987
22 Validity of schemes
(1) A planning scheme prepared under this Part and
approved or purporting to have been approved is
deemed to have been duly approved in accordance
with all of the requirements of this Part and the
Principal Act and to be valid and effective in all
respects.
(2) A planning scheme referred to in subsection (1)
must not be called into question in any proceeding
in any court or tribunal or in any proceeding by
way of review under the Principal Act or this Part.
(3) Nothing in this section applies to an amendment
to a planning scheme referred to in subsection (1).
23 Issue of permits with schemes
(1) If
(a) a municipal council prepares a planning
scheme under this Part for an area; and
(b) the municipal council determines under
section 96G(1)(c) of the Principal Act to
recommend to the Minister that a permit be
granted under Division 5 of Part 4 of the
Principal Act
the municipal council must give the owner and the
occupier of land to which the proposed permit
would apply at least 30 days notice of its intention
to recommend to the Minister that a permit be
granted under that Division in respect of the land.
(2) The notice must be accompanied by a copy of the
proposed permit.
311
Planning and Environment Act 1987
No. 45 of 1987
312
Planning and Environment Act 1987
No. 45 of 1987
313
Planning and Environment Act 1987
No. 45 of 1987
314
Planning and Environment Act 1987
No. 45 of 1987
315
Planning and Environment Act 1987
No. 45 of 1987
2
Pt 1A (ss 4A4J): See note 1.
3
S. 6(1)(aa): See note 1.
4
S. 6(2)(d): See note 1.
5
S. 6(2)(g): Sections 64, 65 of the Subdivision (Miscellaneous
Amendments) Act 1991, No. 48/1991 read as follows:
64 Amendment of planning schemes concerning
easements, restrictions etc.
(1) In addition to any other powers to prepare or
approve amendments to any planning scheme, the
316
Planning and Environment Act 1987
No. 45 of 1987
317
Planning and Environment Act 1987
No. 45 of 1987
318
Planning and Environment Act 1987
No. 45 of 1987
8
S. 7: See note 1.
9
S. 12(2)(aa): See note 1.
10
S. 12(2)(ab): See note 1.
11
S. 12(2)(b): Section 32(8) of the Planning and Environment
(Amendment) Act 1989, No. 86/1989 reads as follows:
32 Transitional provisions: Amendment to planning
schemes
(8) The amendment made to the Principal Act by
section 25(d) applies only to an amendment of a
planning scheme prepared on or after the date of
commencement of this section.
12
S. 12A: See note 1.
13
S. 19(3): Section 32(3) of the Planning and Environment (Amendment)
Act 1989, No. 86/1989 reads as follows:
32 Transitional provisions: Amendment to planning
schemes
(3) The amendment made to the Principal Act by
section 25(e) of this Act applies whether any
notice required by section 19 of the Principal Act
is given before on or after the date of
commencement of this section.
14
S. 21: Section 32(4) of the Planning and Environment (Amendment)
Act 1989, No. 86/1989 reads as follows:
32 Transitional provisions: Amendment to planning
schemes
(4) The amendment made to the Principal Act by
section 25(f) of this Act applies only where a
condition requiring notice is imposed under the
319
Planning and Environment Act 1987
No. 45 of 1987
15
S. 21: See note 1.
16
S. 21A: Section 32(5) of the Planning and Environment (Amendment)
Act 1989, No. 86/1989 reads as follows:
32 Transitional provisions: Amendment to planning
schemes
(5) The amendments made to the Principal Act by
section 8 of this Act apply to
(a) a submission received on or after the date of
commencement of this section; and
(b) a submission received before that date of
commencement if at that date of
commencement
(i) the submission has not been referred to
a panel; and
(ii) no notice under the Principal Act has
been given to the makers of the
submission.
17
S. 22: See note 1.
18
S. 23: Section 32(6) of the Planning and Environment (Amendment)
Act 1989, No. 86/1989 reads as follows:
32 Transitional provisions: Amendment to planning
schemes
320
Planning and Environment Act 1987
No. 45 of 1987
19
S. 23: See note 1.
20
S. 25: See note 1.
21
S. 25A: See note 1.
22
S. 52(1A): Section 33(1) of the Planning and Environment
(Amendment) Act 1989, No. 86/1989 reads as follows:
33 Transitional provisions: Application for permits
(1) The amendment made to the Principal Act by
section 13 of this Act applies only to an
application for a permit received on or after the
date of commencement of this section.
23
S. 52(1B): See note 22.
24
S. 52(1C): See note 22.
25
Pt 4 Div. 5 (ss 96A96N): See note 1.
26
S. 97 (repealed): See Schedule 2 of the Extractive Industries
Development Act 1995, No. 67/1995 for savings and transitionals.
27
S. 97 (repealed): Section 29(6) of the Planning and Environment
(Amendment) Act 1989, No. 86/1989 reads as follows:
29 Statute law revision
(6) On and from 16 February 1988 until the coming
into operation of section 43 of the Extractive
Industries Act 1966, section 97(2)(a) of the
321
Planning and Environment Act 1987
No. 45 of 1987
28
S. 161(2): See note 1.
29
Pt 9 Div. 2: Section 31(3) of the Planning and Environment
(Amendment) Act 1989, No. 86/1989 reads as follows:
31 Transitional provisions: Crown land owners and
occupiers
(3) Division 2 of Part 9 of the Principal Act continues
to apply to an agreement entered into between a
responsible authority and the occupier of Crown
land before the date of commencement of this
section, as if section 4 of this Act had not been
enacted.
30
S. 201D: See note 1.
322