Victorian Numbered Acts

PLANNING AND ENVIRONMENT AMENDMENT (GENERAL) ACT 2013 (NO. 3 OF 2013) - SECT 42

For section 8A of the Planning and Environment Act 1987 substitute —

        " 8A     Municipal council as planning authority for its municipal district

    (1)     A municipal council is a planning authority for any planning scheme in force in its municipal district.

    (2)     A municipal council must not prepare an amendment to the State standard provisions or the local provisions of a planning scheme in force in its municipal district unless it has applied to the Minister under this section and the Minister has authorised it to do so.

    (3)     An application under this section must be made in accordance with the regulations and contain the information required by the Minister.

    (4)     The Minister, on the application of a municipal council under this section, may decide—

        (a)     to authorise the municipal council to prepare the amendment; or

        (b)     that the application requires further review; or

        (c)     to refuse to authorise the municipal council to prepare the amendment.

    (5)     The Minister must notify the municipal council in writing of his or her decision.

    (6)     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 under the amendment.

    (7)     Despite subsection (2), a municipal council that has made an application under this section may prepare the amendment specified in the application without the authorisation after the end of the period of 10 business days after the Minister receives the application if the Minister has not notified the council of his or her decision within that period.

    (8)     If the Minister decides that an application requires further review, the Minister may, following that review, decide to authorise or refuse to authorise the municipal council to prepare the amendment.
s. 42

    (9)     Despite anything to the contrary in this section, a municipal council must not 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.

        8B     Municipal council as planning authority for area adjoining municipal district

    (1)     A municipal council is a planning authority for any planning scheme applying to an area adjoining its municipal district for which it is authorised under this section to prepare an amendment.

    (2)     The Minister, on the application of a municipal council under this section, may authorise that municipal council to prepare an amendment to any part of the State standard provisions and local provisions of a planning scheme applying to an area adjoining its municipal district.

    (3)     The authorisation must be in writing.

    (4)     An application under this section must be made in accordance with the regulations and contain the information required by the Minister.
s. 42

    (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)     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.".

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PART 6—STREAMLINED PROCESS FOR PRESCRIBED AMENDMENTS