Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


PLANNING LEGISLATION AMENDMENT BILL 2009

                 PARLIAMENT OF VICTORIA

       Planning Legislation Amendment Bill 2009



                         TABLE OF PROVISIONS
Clause                                                                      Page

PART 1--PRELIMINARY                                                            1
  1      Purposes                                                              1
  2      Commencement                                                          2

PART 2--AMENDMENTS TO THE PLANNING AND
ENVIRONMENT ACT 1987                                                           3
  3      What is a growth area?                                                3
  4      Section 46AP repealed                                                 3
  5      Responsible authority to consider all applications                    3
  6      New Part 4AA inserted                                                 4
         PART 4AA--DEVELOPMENT ASSESSMENT
         COMMITTEES                                                            4
         Division 1--General                                                   4
         97MA         Definitions                                              4
         Division 2--Establishment and functions of DACs                       5
         97MB         Governor in Council may establish development
                      assessment committees                                    5
         97MC         Variation or revocation of order establishing DAC        6
         97MD         Functions of a DAC                                       7
         97ME         DAC must consider all applications within its
                      operational area                                         8
         97MF         Powers of a DAC                                          8
         97MG         Responsible authority to provide documents and
                      information to DAC                                       8
         97MH         Responsible authority to provide assistance to DAC       9
         97MI         Costs and expenses of DAC                                9
         97MJ         Decision of DAC taken to be decision of responsible
                      authority                                                9
         Division 3--Membership of DAC                                        10
         97MK         Members                                                 10
         97ML         Alternate members                                       10



561356B.I-31/3/2009                       i     BILL LA INTRODUCTION 31/3/2009

 


 

Clause Page 97MM Removal, suspension or resignation of members 11 97MN Vacancies 12 97MO Minister to publish details of members 13 97MP Conditions of membership 13 97MQ Payment of members 13 Division 4--Procedure of DAC 14 97MR General procedures 14 97MS Procedures at meetings of a DAC 14 97MT Validity of decisions 15 97MU Additional procedures 15 97MV Application of section 144 15 Division 5--Probity requirements for DAC members 16 Subdivision 1--General 16 97MW Definition 16 Subdivision 2--Conduct principles 16 97MX Conduct principles for DAC members 16 Subdivision 3--Misuse of position 17 97MY Definition 17 97MZ Misuse of position 17 Subdivision 4--Conflict of interests 19 97MZA Disclosure of conflicts of interest by DAC members 19 97MZB Persons to disclose interests when providing advice or report 19 97MZC Conflict of interest 20 97MZD Direct interest 21 97MZE Indirect interest by close association 21 97MZF Indirect interest that is an indirect financial interest 23 97MZG Indirect interest because of conflicting duties 25 97MZH Indirect interest because of receipt of an applicable gift 26 97MZI Indirect interest as a consequence of becoming an interested party 26 Subdivision 5--Returns of interests of DAC members 27 97MZJ Application of Subdivision 27 97MZK Definition 27 97MZL DAC members to submit primary returns 27 97MZM DAC members to submit ordinary returns 29 561356B.I-31/3/2009 ii BILL LA INTRODUCTION 31/3/2009

 


 

Clause Page Subdivision 6--Register of interests of DAC members 30 97MZN Secretary to maintain register 30 97MZO Inspection of register 30 97MZP Member may inspect records 31 97MZQ Persons not to publish information from register 31 97MZR Department employees must not divulge or use information 31 97MZS Removal of returns from register 32 97MZT Retention of returns of ceased members 32 PART 3--AMENDMENTS TO OTHER ACTS 33 7 Amendment to Docklands Act 1991 33 8 Amendment to the Heritage Act 1995 33 9 Amendment to the Local Government Act 1989 34 10 Amendments to the Melbourne Convention and Exhibition Trust Act 1996 34 PART 4--REPEAL OF AMENDING ACT 35 11 Repeal of amending Act 35 ENDNOTES 36 561356B.I-31/3/2009 iii BILL LA INTRODUCTION 31/3/2009

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Planning Legislation Amendment Bill 2009 A Bill for an Act to amend the Planning and Environment Act 1987, the Docklands Act 1991, the Heritage Act 1995, the Local Government Act 1989 and the Melbourne Convention and Exhibition Trust Act 1996 and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The purposes of this Act are-- (a) to amend the Planning and Environment 5 Act 1987-- (i) to enable certain applications for planning permits and amendments to planning permits to be decided on by 561356B.I-31/3/2009 1 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 1--Preliminary s. 2 development assessment committees; and (ii) to enable growth areas to be declared anywhere in Victoria; and 5 (b) to amend the Docklands Act 1991 to amend the objective of the Victorian Urban Development Authority; and (c) to amend the Heritage Act 1995 to increase the maximum penalty that may be prescribed 10 for an infringement offence; and (d) to amend the Local Government Act 1989 to provide an exception from a conflict of interest provision for a member of a development assessment committee; and 15 (e) to amend the Melbourne Convention and Exhibition Trust Act 1996 to clarify and broaden the powers and functions of the Melbourne Convention and Exhibition Trust. 2 Commencement 20 This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ 561356B.I-31/3/2009 2 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 3 PART 2--AMENDMENTS TO THE PLANNING AND ENVIRONMENT ACT 1987 3 What is a growth area? In section 46AO of the Planning and See: Act No. 5 Environment Act 1987-- 45/1987. Reprint No. 8 (a) in subsection (1), for "the municipal district as at 17 August of one or more growth area councils" (where 2005 twice occurring) substitute "one or more and amending municipal districts"; Act Nos 18/2005, 10 (b) in subsection (2), for "the municipal district 32/2006, of a growth area council" substitute 33/2006, 80/2006 and "a municipal district". 47/2007. LawToday: www. legislation. vic.gov.au 4 Section 46AP repealed Section 46AP of the Planning and Environment 15 Act 1987 is repealed. 5 Responsible authority to consider all applications (1) In section 58 of the Planning and Environment Act 1987, for "The responsible authority" substitute "Subject to subsection (2), the 20 responsible authority". (2) At the end of section 58 of the Planning and Environment Act 1987 insert-- "(2) A responsible authority must not consider or make a decision in respect of a DAC 25 application within the meaning of Part 4AA.". 561356B.I-31/3/2009 3 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 6 New Part 4AA inserted After Part 4 of the Planning and Environment Act 1987 insert-- "PART 4AA--DEVELOPMENT ASSESSMENT 5 COMMITTEES Division 1--General 97MA Definitions In this Part-- DAC means a development assessment 10 committee established under section 97MB; DAC application, in relation to a DAC, means an application for a permit or an amendment to a permit that is within 15 the operational area of that DAC; operational area, in relation to a DAC, means-- (a) the classes of applications for permits described in section 20 97MD(1)(a) that are to be decided on by that DAC; and (b) the types of amendments to permits described in section 97MD(1)(b) that are to be decided 25 on by that DAC. 561356B.I-31/3/2009 4 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 Division 2--Establishment and functions of DACs 97MB Governor in Council may establish development assessment committees 5 (1) The Governor in Council, on the recommendation of the Minister, may by order published in the Government Gazette, establish one or more development assessment committees. 10 (2) An order establishing a DAC must specify-- (a) the class or classes of applications for permits to be decided on by the DAC; and (b) the area or areas of Victoria for which 15 the DAC is established and to which any such class of application applies. (3) An area of Victoria for which a DAC is established-- (a) may be specified in the order by 20 reference to a map or plan including a planning scheme document; and (b) may include land that covers one or more, or parts of one or more, municipal districts. 25 (4) An order under this section takes effect from the day that it is published in the Government Gazette or, if a later day is specified in the order, on that later day. (5) The Minister must publish on the 30 Department's Internet site-- (a) the name of each DAC established by an order under this section; and 561356B.I-31/3/2009 5 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 (b) the class or classes of applications for permits to be decided on by that DAC; and (c) the area or areas of Victoria to which 5 any such class of application applies. 97MC Variation or revocation of order establishing DAC (1) The Governor in Council, on the recommendation of the Minister, may by 10 order published in the Government Gazette-- (a) revoke an order under section 97MB; or (b) vary an order under section 97MB to change-- 15 (i) the class or classes of applications for permits to be decided on by a DAC; and (ii) the area or areas of Victoria to which any such class of 20 application applies. (2) An order under this section takes effect from the day that it is published in the Government Gazette or, if a later day is specified in the order, on that later day. 25 (3) A reference in this Part to an order under section 97MB includes the order as varied from to time under this section. (4) The Minister must publish on the Department's Internet site the details of any 30 variations to an order made under subsection (1)(b). 561356B.I-31/3/2009 6 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 97MD Functions of a DAC (1) The functions of a DAC are to consider and decide under Part 4-- (a) any application for a permit-- 5 (i) that is within the class or classes of applications for permits specified in the order under section 97MB establishing that DAC; and 10 (ii) that is within the area or areas in Victoria specified in that order for which the DAC is established and to which the application applies; and 15 (b) any application for an amendment to a permit where-- (i) the decision to grant the permit was made by the DAC and the permit, when amended, will be 20 within a class of permits referred to in paragraph (a); or (ii) the decision to grant the permit was made by the responsible authority and the permit, once 25 amended, will be within a class of permits referred to in paragraph (a). (2) Despite subsection (1), a DAC must not decide or continue to decide an application 30 for a permit-- (a) that is required or directed to be referred to the Minister under Division 4 of Part 4; or 561356B.I-31/3/2009 7 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 (b) to which Division 5 of Part 4 applies; or (c) that is directed to be referred to the Minister under Division 6 of Part 4. (3) Sections 59, 60, 61, 62, 73(2), 84(1), 97B 5 and 197 apply in respect of an application for a permit or an amendment to a permit within the operational area of a DAC as if a reference to the responsible authority were a reference to that DAC. 10 97ME DAC must consider all applications within its operational area A DAC must consider every application for a permit or an amendment to a permit within its operational area. 15 97MF Powers of a DAC In deciding a DAC application, the DAC has all the powers that the responsible authority would have had to decide on the application if it were not a DAC application. 20 97MG Responsible authority to provide documents and information to DAC To enable a DAC to decide on a DAC application, the responsible authority must provide the following to each member of the 25 DAC constituted to decide that application-- (a) a copy of the application; (b) a copy of any comments from a referral authority relating to the application; (c) a copy of any report of a member of 30 staff of the responsible authority in respect of the application; (d) any other document or information relating to the application that is relevant to deciding the application; 561356B.I-31/3/2009 8 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 (e) any other document or information that has been reasonably requested by the DAC to assist it in deciding on the application. 5 97MH Responsible authority to provide assistance to DAC To enable a DAC to decide on a DAC application, the responsible authority must provide the DAC with any technical advice, 10 administrative support and any other support reasonably required by the DAC. 97MI Costs and expenses of DAC The responsible authority must pay for, or reimburse, any reasonable costs and 15 expenses incurred for or by a DAC in performing its functions under this Part, unless the Minister otherwise directs. 97MJ Decision of DAC taken to be decision of responsible authority 20 (1) A decision or failure to make a decision by a DAC on a DAC application is taken to be a decision or failure to make a decision on that application by the responsible authority. (2) The responsible authority must ensure that 25 the register of applications kept under section 49 specifies whether a decision on an application for a permit or an amendment to a permit relating to its municipal district has been made by a DAC. 30 (3) Any reference in Division 1, 1A, 2 or 3 of Part 4 or in sections 98(2), 99(a)(i) or 99(a)(iii) to an application for a permit or an amendment to a permit or a permit or amendment to a permit having been decided 35 in favour of by a responsible authority or having been granted, issued, refused or failed 561356B.I-31/3/2009 9 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 to be granted within the prescribed time by a responsible authority, is taken to include an application for a permit or an amendment to a permit that has been decided on by a DAC 5 or a permit or amendment to a permit that a DAC has decided to grant or refused to grant or has failed to grant within the prescribed time. Division 3--Membership of DAC 10 97MK Members (1) A DAC is to consist of the following members in relation to DAC applications applying to land in a particular municipal district-- 15 (a) a Chairperson nominated by the Minister; (b) 2 other members nominated by the Minister; (c) 2 other members, nominated by the 20 municipal council for the municipal district, who must be drawn from a group of 5 persons who are councillors or members of staff of that council and who have been nominated by that 25 council. (2) The members of the DAC are to be appointed by the Governor in Council. 97ML Alternate members (1) There are to be the following alternate 30 members of a DAC in relation to a DAC application applying to land in a particular municipal district-- (a) an alternate Chairperson nominated by the Minister; 561356B.I-31/3/2009 10 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 (b) an alternate member nominated by the Minister for each member of the DAC nominated by the Minister; (c) 3 other alternate members who are to 5 be the persons forming part of the group of persons referred to in section 97MK(1)(c) who were not appointed as members of the DAC under section 97MK. 10 (2) Alternate members of a DAC are to be appointed by the Governor in Council. (3) Subject to section 97MS(d)(ii), a person appointed as an alternate member for a member of a DAC is to act for that member 15 if the member is incapable of performing his or her duties of office or is to be absent for any other reason. (4) Subject to section 97MS(d)(ii), a municipal council may nominate one of the 3 alternate 20 members of a DAC referred to in subsection (1)(c) to act for a member of that DAC nominated by that council if he or she is incapable of performing his or her duties of office or is to be absent for any other reason. 25 (5) An alternate member who is nominated to act for a member under subsection (4) is to act for that member. (6) An alternate member of a DAC while acting for a member has the powers, authority and 30 duties of that member. 97MM Removal, suspension or resignation of members (1) The Minister may suspend a member or an alternate member of a DAC for up to 35 3 months if the Minister believes on reasonable grounds that the member has-- 561356B.I-31/3/2009 11 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 (a) breached any requirement in Division 5; or (b) acted corruptly in performing his or her duties as a member of the DAC; or 5 (c) acted in a way that is not in the best interests of the DAC. (2) The Governor in Council may at any time remove a member or an alternate member of a DAC from office. 10 (3) A member or an alternate member of a DAC may resign by giving a written resignation to the Minister. 97MN Vacancies (1) The office of a member or an alternate 15 member of a DAC becomes vacant if the member-- (a) becomes insolvent under administration; or (b) is convicted of an indictable offence or 20 an offence that, if committed in Victoria, would be an indictable offence; (c) retires, resigns or is removed from office; or 25 (d) dies or becomes permanently incapable of performing the duties of office. (2) If there is a vacancy in the office of a member or an alternate member of a DAC, the Governor in Council may appoint a 30 member or an alternate member to fill the vacancy in accordance with section 97MK or 97ML (as the case requires). 561356B.I-31/3/2009 12 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 97MO Minister to publish details of members The Minister must publish on the Department's Internet site the following details relating to the members and alternate 5 members of a DAC-- (a) the names of the members and alternate members of the DAC from to time; and (b) if the DAC is established in respect of more than one municipal district, the 10 members and alternate members who constitute the DAC in respect of each municipal district. 97MP Conditions of membership A member or an alternate member of a DAC-- 15 (a) holds office for the period specified in the instrument of appointment, which must be a period of not more than 3 years; and (b) holds office on the terms and conditions determined by the Minister; and 20 (c) may be reappointed. 97MQ Payment of members Each member or alternate member of a DAC is entitled to receive any fees and allowances fixed by the Minister in respect of that 25 member, unless the person is employed by or on behalf of the Crown or a municipal council or is a member of a municipal council. 561356B.I-31/3/2009 13 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 Division 4--Procedure of DAC 97MR General procedures In deciding on a DAC application, the DAC-- 5 (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. 97MS Procedures at meetings of a DAC 10 The following provisions apply to a DAC in deciding on a DAC application-- (a) if either the Chairperson or the alternate Chairperson is for any reason unable to attend a meeting of the DAC, the 15 members present must elect an acting Chairperson for that meeting; (b) the quorum for a meeting of the DAC is 3 members (including any alternate member acting for a member) of the 20 DAC; (c) the DAC may act despite a vacancy in its membership as long as there is a quorum; (d) if a member of the DAC absents 25 himself or herself from the DAC after it has commenced to consider an application-- (i) the DAC may continue to consider that application; and 30 (ii) despite section 97ML, the absent member is not to be replaced by an alternate member during the consideration of that application. 561356B.I-31/3/2009 14 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 97MT Validity of decisions An act or decision of a DAC is not invalid by reason only of-- (a) a vacancy in the office of a member or 5 an alternate member of the DAC; or (b) a defect or irregularity in or in connection with the appointment of a member or an alternate member of the DAC; or 10 (c) in the case of a person purporting to act as a member or an alternate member of the DAC-- (i) the occasion for the appointment of the person to act had not arisen; 15 or (ii) there was a defect or irregularity in or in connection with the appointment of the member; or (iii) the appointment or the occasion 20 for the person to act had ceased. 97MU Additional procedures (1) In addition to the procedures set out in this Division, a DAC must act in accordance with any procedures determined by the Minister 25 and published in the Government Gazette from time to time. (2) Subject to this Division, a DAC may regulate its own procedures. 97MV Application of section 144 30 Section 144 applies in respect of a meeting to decide a DAC application as if a reference to the responsible authority were a reference to the DAC. 561356B.I-31/3/2009 15 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 Division 5--Probity requirements for DAC members Subdivision 1--General 97MW Definition 5 In this Division (except in Subdivisions 5 and 6), a member of a DAC includes an alternate member of that DAC when acting for a member of the DAC. Subdivision 2--Conduct principles 10 97MX Conduct principles for DAC members In performing the role of a member of a DAC, a member must-- (a) act with integrity; and (b) impartially decide DAC applications in 15 accordance with this Act and the relevant planning scheme; and (c) not improperly seek to confer an advantage or disadvantage on any person; and 20 (d) avoid conflicts between his or her public duties as a member of the DAC and his or her personal interests and obligations; and (e) act honestly and avoid statements 25 (whether oral or in writing) or actions that will or are likely to mislead or deceive a person; and 561356B.I-31/3/2009 16 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 (f) treat all persons with respect and have due regard to the opinions, beliefs, rights and responsibilities of other members of the DAC, employees of a 5 responsible authority providing services to the DAC and other persons; and (g) endeavour to ensure that public resources are used prudently and solely in the public interest; and 10 (h) act lawfully; and (i) support and promote these principles by leadership and example and act in a way that secures and preserves public confidence in the DAC. 15 Subdivision 3--Misuse of position 97MY Definition In this Subdivision, confidential information means information provided to a member of a DAC-- 20 (a) which was identified as being provided in confidence by the responsible authority or person who provided the information; or (b) which the DAC has identified as being 25 confidential. 97MZ Misuse of position (1) A person who is, or has been, a member of a DAC must not misuse his or her position or former position-- 30 (a) to gain or attempt to gain, directly or indirectly, an advantage for themselves or for any other person; or 561356B.I-31/3/2009 17 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 (b) to cause, or attempt to cause, detriment to the DAC or to a responsible authority. Penalty: 100 penalty units. 5 (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-- 10 (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 15 (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 20 (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. 25 (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 30 (b) does not prevent the institution of any criminal or civil proceedings in respect of that liability. 561356B.I-31/3/2009 18 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 Subdivision 4--Conflict of interests 97MZA Disclosure of conflicts of interest by DAC members (1) If a member of a DAC has a conflict of 5 interest within the meaning of section 97MZC relating to DAC application, the member must without delay advise the Secretary of that conflict and take no part in deciding on the application. 10 (2) A member of a DAC who, without reasonable excuse, fails to comply with this section is guilty of an offence and liable to a penalty of not more than 100 penalty units. 97MZB Persons to disclose interests when 15 providing advice or report (1) This section applies to members of staff of a responsible authority and other persons who have a duty or are engaged to provide advice or a report to a DAC. 20 (2) A person, who is providing advice or a report to a meeting of a DAC or otherwise to a DAC and who has a direct interest or an indirect interest (within the meaning of this Subdivision) in a matter to which the advice 25 or report relates, must not, without reasonable excuse, fail to disclose the type of interest when providing the advice or report to the DAC. Penalty: 50 penalty units. 30 (3) A disclosure made by a person under subsection (2) must be recorded in the minutes of any relevant meeting of the DAC. 561356B.I-31/3/2009 19 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 (4) A person who has made a disclosure under subsection (2) must disclose the nature of the interest if required to make that disclosure by the DAC. 5 97MZC Conflict of interest (1) In this Subdivision, a person has a conflict of interest in respect of a matter if the person has a direct interest or indirect interest in the matter. 10 (2) A person has a direct interest in a matter if the person has an interest of a kind described in section 97MZD. (3) A person has an indirect interest in a matter if the person has-- 15 (a) a close association as specified in section 97MZE; or (b) an indirect financial interest as specified in section 97MZF; or (c) a conflicting duty as specified in 20 section 97MZG; or (d) received an applicable gift as specified in section 97MZH; or (e) become an interested party as specified in section 97MZI. 25 (4) A person does not have a conflict of interest in a matter if the direct interest or indirect interest of the person is so remote or insignificant that the direct interest or indirect interest could not reasonably be 30 regarded as capable of influencing any actions or decisions of the person in relation to the matter. 561356B.I-31/3/2009 20 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 97MZD Direct interest (1) A person has a direct interest in a matter if there is a reasonable likelihood that the benefits, obligations, opportunities or 5 circumstances of the person would be directly altered if the matter is decided in a particular way. (2) Without limiting subsection (1), a person has a direct interest in a matter if-- 10 (a) there is a reasonable likelihood that the person will receive a direct benefit or loss that can be measured in financial terms if the matter is decided in a particular way; or 15 (b) there is a reasonable likelihood that the residential amenity of the person will be directly affected if the matter is decided in a particular way. 97MZE Indirect interest by close association 20 (1) In this section-- daughter of a person means a biological daughter, stepdaughter, adopted daughter, or female child for whom the person has custodial responsibilities; 25 direct relative of a person means the spouse, domestic partner, son, daughter, mother, father, brother or sister of the person; domestic partner of a person means-- 30 (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a 561356B.I-31/3/2009 21 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for 5 the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides 10 domestic support and personal care to the person-- (i) for fee or reward; or (ii) on behalf of another person or an organisation (including 15 a government or government agency, a body corporate or a charitable or benevolent organisation); family member of a person means-- 20 (a) a spouse or domestic partner of the person; or (b) a son, daughter, mother, father, brother or sister that regularly resides with the person; 25 relative of a person means-- (a) a direct relative of the person; (b) a direct relative of a person who is the direct relative of the person; son of a person means a biological son, 30 stepson, adopted son or male child for whom the person has custodial responsibilities. 561356B.I-31/3/2009 22 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 (2) A person has an indirect interest by close association in a matter if-- (a) a family member of the person has a direct interest or an indirect interest in a 5 matter; or (b) a relative of the person has a direct interest in a matter; or (c) a member of the person's household has a direct interest in a matter. 10 (3) For the purposes of the definition of domestic partner in subsection (1)-- (a) registered relationship has the same meaning as in the Relationships Act 2008; and 15 (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any 20 one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and (c) a person is not a domestic partner of 25 another person only because they are co-tenants. 97MZF Indirect interest that is an indirect financial interest (1) A person has an indirect financial interest in 30 a matter if the person is likely to receive a benefit or incur a loss, measurable in monetary terms, as a consequence of a benefit received or loss incurred by another person who has a direct or indirect interest in 35 the matter. 561356B.I-31/3/2009 23 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 (2) Without limiting subsection (1), a person has an indirect financial interest that is a conflict of interest if-- (a) the person has a beneficial interest in 5 shares of a company or other body that has a direct interest in the matter, except in the circumstances specified in subsection (3); (b) the person is owed money from another 10 person and that other person has a direct interest in the matter. (3) If a person, and family members of the person, hold shares in a company or body that has a direct or indirect interest in a 15 matter with a combined total value that does not exceed $10 000 and the total value of issued shares of the company or body exceeds $10 million, the person's indirect financial interest is not a conflict of interest. 20 (4) Subsection (2)(b) does not apply if the other person is an authorised deposit-taking institution. (5) For the purposes of determining the value of shares under this section, the share value is 25 to be taken from-- (a) the close of business on the most recent of 30 June or 31 December; or (b) if the person has submitted an ordinary return to the Secretary (within the 30 meaning of Subdivision 5) since the most recent of 30 June or 31 December, the close of business on the date the return was submitted. 561356B.I-31/3/2009 24 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 97MZG Indirect interest because of conflicting duties (1) A person has an indirect interest in a matter because of a conflicting duty if the person-- 5 (a) is a manager or a member of a governing body of a company or body that has a direct interest in a matter; (b) is a partner, consultant, contractor, agent or employee of a person, 10 company or body that has a direct interest in a matter; (c) is a trustee for a person who has a direct interest in a matter. (2) A person has an indirect interest in a matter 15 because of a conflicting duty if the person held a position or role specified in subsection (1) and, in that position or role, dealt with the matter. (3) A person does not have an indirect interest 20 because of a conflicting duty-- (a) by virtue of the fact that the person is an employee in the service of the Crown or of a body established by or under any Act for a public purpose, if 25 the person has no current or expected responsibilities as that employee in relation to a matter; or (b) by virtue of the fact that the person holds a position in a not-for-profit 30 organisation for which the person receives no remuneration and the person was appointed or nominated to that position by a municipal council; or 561356B.I-31/3/2009 25 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 (c) by virtue of the fact that the person is the Mayor or Chief Executive Officer of a municipal council or a councillor or member of staff of that council; 5 (d) if the person holds a position that has been declared for the purposes of this section by the Minister in an order published in the Government Gazette. 97MZH Indirect interest because of receipt of an 10 applicable gift (1) In this section, applicable gift means one or more gifts with a total value of $200 or more, received from a person or persons specified in subsection (2), in the 5 years 15 preceding the decision or the exercise of the power, duty or function relating to the matter. (2) A person has an indirect interest in a matter if the person has received an applicable gift, 20 directly or indirectly, from-- (a) a person who has a direct interest in the matter; or (b) a director, contractor, consultant, agent or employee of a person, company or 25 body that the person knows has a direct interest in a matter; or (c) a person who gives the applicable gift to the person on behalf of a person, company or body that has a direct 30 interest in the matter. 97MZI Indirect interest as a consequence of becoming an interested party A person has an indirect interest in a matter if the person has become an interested party 35 in the matter by initiating civil proceedings 561356B.I-31/3/2009 26 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 or a proceeding in the Tribunal in relation to the matter or becoming a party to civil proceedings or a proceeding in the Tribunal in relation to the matter. 5 Subdivision 5--Returns of interests of DAC members 97MZJ Application of Subdivision This Subdivision does not apply to any member or alternate member of a DAC who 10 is required to submit returns under section 81 of the Local Government Act 1989. 97MZK Definition In this Subdivision return period, in relation to the ordinary return of a member or an 15 alternate member of a DAC, means-- (a) if the last return of the member was a primary return, the period between the date of the primary return and the date the ordinary return is submitted; or 20 (b) if the last return of the member was an ordinary return, the period between the date of that return and the date the current ordinary return is submitted. 97MZL DAC members to submit primary returns 25 (1) Each member and alternate member of a DAC must submit a primary return in accordance with subsection (2) to the Secretary within 30 days after his or her appointment, unless that member is 30 reappointed after completion of his or her term of office. 561356B.I-31/3/2009 27 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 (2) A member or an alternate member of a DAC must disclose the following information in the primary return as at the date of the primary return-- 5 (a) the name of any company or other body in which he or she holds any office whether as a director or otherwise; (b) the name or description of any company or body in which he or she 10 holds a beneficial interest unless the total value of the interest does not exceed $10 000 and the total value of issued shares of the company or body exceeds $10 million; 15 (c) the address or description of any land in an area of Victoria for which the DAC is established, or of any adjoining land, in which he or she has any beneficial interest other than by way of security 20 for any debt; (d) a concise description of any trust in which he or she holds a beneficial interest or of which he or she is a trustee and a member of his or her 25 family holds a beneficial interest; (e) any other substantial interest whether of a pecuniary nature or not of him or her or of a member of his or her family of which he or she is aware and which he 30 or she considers might appear to raise a material conflict between his or her private interest and his or her public duty as a member or alternate member of a DAC. 561356B.I-31/3/2009 28 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 97MZM DAC members to submit ordinary returns (1) Each member and alternate member of a DAC must submit an ordinary return in accordance with subsection (2) to the 5 Secretary within 30 days after the anniversary of his or her appointment each year. (2) A member or an alternate member of a DAC must disclose in an ordinary return the 10 following information in relation to the return period-- (a) if he or she has held an office whether as director or otherwise in any company or body, corporate or unincorporate-- 15 the name of the company or body; (b) the name or description of any company or body in which he or she holds or has held a beneficial interest unless the total value of the interest 20 does or did not exceed $10 000 and the total value of issued shares of the company or body exceeds $10 million; (c) the address or description of any land in any area of Victoria for which the DAC 25 is established, or of any adjoining land, in which he or she has any beneficial interest other than by way of security for any debt; (d) a concise description of any trust in 30 which he or she held a beneficial interest or of which he or she is a trustee and a member of his or her family held a beneficial interest; 561356B.I-31/3/2009 29 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 (e) particulars of any gift of or above the amount or value of $200 received by him or her, either directly or indirectly, from a person other than a relative 5 (within the meaning of section 97MZE) of him or her; (f) any other substantial interest, whether of a pecuniary nature or not, of him or her or of a member of his or her family 10 of which he or she is aware and which he or she considers might appear to raise a material conflict between his or her private interest and his or her public duty as a member or alternate member 15 of a DAC. Subdivision 6--Register of interests of DAC members 97MZN Secretary to maintain register The Secretary must maintain a register of the 20 interests of each member and alternate member of a DAC consisting of the last 3 returns that those members were required to submit under Subdivision 5. 97MZO Inspection of register 25 (1) The Secretary must allow a person to inspect the register if that person has previously made written application to the Secretary to do so and the application meets the requirements of the regulations (if any). 30 (2) The register may be inspected at the offices of the Department during normal office hours. 561356B.I-31/3/2009 30 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 (3) The Secretary must take all reasonable steps to ensure that no person, other than a person who has made an application in accordance with this section, has access to or is 5 permitted to inspect the register or any return. (4) The Secretary must maintain a record of the names of persons who have inspected the register of interests under subsection (2). 10 97MZP Member may inspect records A member or an alternate member of a DAC whose interests are recorded in the register may inspect the record kept under section 97MZO(4) of names of persons who have 15 inspected his or her personal records. 97MZQ Persons not to publish information from register A person must not publish any information derived from the register unless that 20 information is a fair and accurate summary or copy of the information derived from the register. Penalty: 20 penalty units. 97MZR Department employees must not divulge 25 or use information A person employed by the Department must not, whether before or after he or she ceases to be so employed-- (a) make a record of, divulge or 30 communicate to any person any information in relation to a matter dealt with under Subdivision 5 or this Subdivision that is gained by or conveyed to him or her during his or 561356B.I-31/3/2009 31 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 2--Amendments to the Planning and Environment Act 1987 s. 6 her employment with the Department; or (b) make use of that information-- for any purpose other than the discharge of 5 his or her official duties under Subdivision 5 or this Subdivision. Penalty: 50 penalty units. 97MZS Removal of returns from register As soon as practicable after a person ceases 10 to be a member or an alternate member of a DAC, the Secretary must remove all the returns submitted by that person from the register. 97MZT Retention of returns of ceased members 15 The Secretary must-- (a) retain the returns of a member or an alternate member of a DAC for a period of 3 years after the person has ceased to be such a member; and 20 (b) at the end of that period, cause the returns to be destroyed. __________________". __________________ 561356B.I-31/3/2009 32 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 3--Amendments to Other Acts s. 7 PART 3--AMENDMENTS TO OTHER ACTS 7 Amendment to Docklands Act 1991 See: Act No. 22/1991. In section 9 of the Docklands Act 1991 omit "and Reprint No. 4 to complete its involvement in that development as at 1 March 2005 5 by 31 December 2005". and amending Act Nos 108/2004, 95/2005, 69/2006, 74/2006 and 80/2006. LawToday: www. legislation. vic.gov.au 8 Amendment to the Heritage Act 1995 See: Act No. 93/1995. In section 185(k) of the Heritage Act 1995, for Reprint No. 4 "4 penalty units" substitute "10 penalty units". as at 1 January 2006 and amending Act Nos 32/2006, 80/2006 and 48/2008. LawToday: www. legislation. vic.gov.au 561356B.I-31/3/2009 33 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 3--Amendments to Other Acts s. 9 See: 9 Amendment to the Local Government Act 1989 Act No. 11/1989. After section 78B(3)(c) of the Local Government Reprint No. 9 Act 1989 insert-- as at 1 April 2007 and "(ca) the person is only a member of a 5 amending development assessment committee Act Nos 26/2007, established under Part 4AA of the Planning 2/2008, and Environment Act 1987;". 12/2008, 35/2008 and 67/20008. LawToday: www. legislation. vic.gov.au See: 10 Amendments to the Melbourne Convention and Act No. 71/1996 Exhibition Trust Act 1996 and 10 amending (1) In sections 5(a) and 5(b) of the Melbourne Act Nos 46/1998, Convention and Exhibition Trust Act 1996, for 108/2004 and "the City of Melbourne and the City of Port 80/2006. LawToday: Phillip" substitute "Victoria, including the use of www. those facilities and services for entertainment legislation. 15 vic.gov.au purposes". (2) In section 5(d) of the Melbourne Convention and Exhibition Trust Act 1996, for "Council of the Museum of Victoria" substitute "Museums Board of Victoria". __________________ 561356B.I-31/3/2009 34 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Part 4--Repeal of Amending Act s. 11 PART 4--REPEAL OF AMENDING ACT 11 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. 5 Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 561356B.I-31/3/2009 35 BILL LA INTRODUCTION 31/3/2009

 


 

Planning Legislation Amendment Bill 2009 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561356B.I-31/3/2009 36 BILL LA INTRODUCTION 31/3/2009

 


 

 


[Index] [Search] [Download] [Related Items] [Help]