Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Planning and Environment (Williamstown
Shipyard) Bill
Introduction Print
EXPLANATORY MEMORANDUM
Clause 1 sets out the purpose of the Bill, which is to amend the Planning
and Environment Act 1987 to ensure the continued use of the
Williamstown Shipyard Site for industrial and marine
engineering purposes and ancillary purposes.
Clause 2 provides that the Act will come into operation on the day after it
receives the Royal Assent.
Clause 3 inserts new Part 3D into the Planning and Environment Act
1987, which inserts new sections 46Z to 46ZH to provide for the
preparation of a Williamstown Shipyard Site Strategy Plan.
New section 46Z sets out the purpose of Part 3D, which is to
ensure that the Williamstown Shipyard Site continues to be used
for industrial and marine engineering purposes and ancillary
purposes.
New section 46ZA defines "approved strategy plan" to mean
the Williamstown Shipyard Site Strategy Plan approved under
section 46ZE(2) as the plan is amended from time to time under
Part 3D. It also defines "Williamstown Shipyard Site" to mean
the land shown as the Williamstown Shipyard Site on the plan
approved by the Governor in Council under section 46ZB.
New section 46ZB provides a mechanism for the approval of the
plan of the Williamstown Shipyard Site based on the plan
numbered LEGL./05-344 lodged in the Central Plan Office.
New section 46ZC enables the Minister to prepare a strategy plan
for the Williamstown Shipyard Site, which is to be known as the
Williamstown Shipyard Site Strategy Plan.
Sub-section (3) provides that the strategy plan must give effect to
the purposes of Part 3D and may make provision with respect to
any matter in section 6 that the Minister considers necessary or
desirable to be included in the strategy plan.
1
551337 BILL LA INTRODUCTION 25/5/2005
Sub-section (4) provides that the strategy plan must not prevent
the continued use by the public of the parcels of land specified in
paragraph (a) of the sub-section or by the public, or for
navigation, of the waters of Hobsons Bay.
New section 46ZD sets out the procedure for making the
Williamstown Shipyard Site Strategy Plan. This procedure is
similar to the procedure for making a planning scheme.
New section 46ZE sets out the process to be followed for the
approved strategy plan under section 35 of the Planning and
Environment Act 1987 before it can come into effect.
Sub-section (1) provides that the Minister must cause the
Williamstown Shipyard Site Strategy Plan to be laid before each
House of Parliament within 7 sitting days of that House after the
strategy plan has approved under section 35 of the Planning and
Environment Act 1987.
Sub-section (2) provides that the strategy plan does not come into
effect until it has also been approved by a resolution passed by
each House of Parliament within 10 sitting days after it has been
laid before that House.
Sub-section (3) provides that the Minister must publish a notice
of the approval of the strategy plan under sub-section (2) in the
Government Gazette specifying the place or places that any
person may inspect the plan.
Sub-section (4) provides that the strategy plan comes into
operation either on the day that notice of its approval is published
in the Government Gazette or any later day or days specified in
the notice.
New section 46ZF requires the Minister to lodge the prescribed
documents and a copy of the approved strategy plan with the
municipal council in the municipal district of which the
Williamstown Shipyard is situated. A copy of the strategy plan
and (if the plan is amended) a consolidated strategy plan is to be
made available during office hours by the Minister and the
municipal council for any person to inspect.
New section 46ZG enables the Minister to prepare an amendment
to the approved strategy plan and sets out the provisions that
apply to the preparation of an amendment to the approved
strategy plan.
2
New section 46ZH requires the Minister to prepare an
amendment to any planning scheme that applies to the
Williamstown Shipyard Site as soon as practicable after the
approval of the strategy plan to give effect to the approved
strategy plan.
Sub-section (4) provides that particular provisions of the
Planning and Environment Act 1987 do not apply to the
preparation and approval of amendments made pursuant to
sub-section (1).
Sub-section (5) prohibits the Minister from authorising the
preparation or approval of an amendment that is inconsistent with
the approved strategy plan.
Clause 4 amends section 60(1A) of the Planning and Environment Act
1987 to provide that before deciding on a permit application the
responsible authority may, if the circumstances appear to require
it, consider the approved strategy plan and any amendment to the
approved strategy plan,.
Clause 5 amends section 84B(2) of the Planning and Environment Act
1987 to require the Tribunal (where appropriate) to take into
account the approved strategy plan and any amendment to the
approved strategy plan under Part 3D in determining an
application for review under that Act.
3