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PLANNING AND ENVIRONMENT ACT 1987 - NOTES

Version No. 146

No. 45 of 1987
Version incorporating amendments as at
22 December 2020

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Version No. 146

Planning and Environment Act 1987

No. 45 of 1987

Version incorporating amendments as at
22 December 2020

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative 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Schedule items 118, 119 were repealed unproclaimed by No. 86/1989.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Planning and Environment Act 1987 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Planning and Environment Act 1987, No. 45/1987

Assent Date:

27.5.87

Commencement Date:

S. 224(6) on 2.7.18: Special Gazette (No. 305) 26.6.18 p. 1

Note:

S. 224(6) provided that s. 224 expired on 1.9.20

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Loddon–Campaspe 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 1–3, 5–9, 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. 2211—See Interpretation of Legislation Act 1984

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Transport (Amendment) Act 1989, No. 44/1989

Assent Date:

6.6.89

Commencement Date:

S. 41(Sch. 2 item 31) on 1.7.89: s. 2(1)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:

14.6.89

Commencement Date:

S. 3(Sch. item 153) on 1.9.90: Government Gazette 25.7.90 p. 2217

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment (Amendment) Act 1989, No. 86/1989 (as amended by No. 48/1991)

Assent Date:

5.12.89

Commencement Date:

S. 24 on 6.12.89: s. 2(1); s. 26(2) on 30.9.92: s. 2(2); s. 29(1)–(4)(6)(10) on 16.2.88: s. 2(3); s. 29(8) immediately before 16.2.88: s. 2(4); s. 29(9) on 3.5.88: s. 2(5); rest of Act on 5.12.89: s. 2(6)

Current State:

All of Act in operation

Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991

Assent Date:

25.6.91

Commencement Date:

Ss 59–66 on 25.6.91: s. 2(4)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Administrative Appeals Tribunal (Planning) Act 1991, No. 62/1991

Assent Date:

12.11.91

Commencement Date:

S. 39 on 29.5.90: s. 2(2); rest of Act on 8.1.92: Government Gazette 8.1.92 p. 2

Current State:

All of Act in operation

Albury–Wodonga Agreement (Amendment) Act 1991, No. 88/1991

Assent Date:

10.12.91

Commencement Date:

17.2.92: Government Gazette 12.2.92 p. 314

Current State:

All of Act in operation

City of Greater Geelong Act 1993, No. 16/1993

Assent Date:

18.5.93

Commencement Date:

All of Act (except s. 24) on 18.5.93: s. 2(1); s. 24 on 3.12.93: Special Gazette (No. 92) 2.12.93 p. 2

Current State:

All of Act in operation

Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993

Assent Date:

7.12.93

Commencement Date:

Ss 4(2), 6, 9 on 1.10.95: s. 2(1); s. 37(2) on 3.12.91: s. 2(2); s. 37(3) on 1.6.93: s. 2(3); rest of Act on 7.12.93: s. 2(4)

Current State:

All of Act in operation

Building Act 1993, No. 126/1993

Assent Date:

14.12.93

Commencement Date:

S. 264(Sch. 5 items 17.1–17.3) on 1.7.94: Special Gazette (No. 42) 1.7.94 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment (Amendment) Act 1993, No. 128/1993

Assent Date:

14.12.93

Commencement Date:

14.12.93

Current State:

All of Act in operation

Planning Authorities Repeal Act 1994, No. 118/1994

Assent Date:

20.12.94

Commencement Date:

S. 13 on 1.7.95: Special Gazette (No. 63) 29.6.95 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Coastal Management Act 1995, No. 8/1995

Assent Date:

26.4.95

Commencement Date:

Ss 43–45 on 26.4.97: s. 2(3)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Latrobe Regional Commission (Repeal) Act 1995, No. 16/1995

Assent Date:

9.5.95

Commencement Date:

All of Act (except s. 7) on 9.5.95: s. 2(1); s. 7 on 15.8.95: Government Gazette 27.7.95 p. 1880

Current State:

All of Act in operation

Planning and Environment (Miscellaneous Amendments) Act 1995, No. 35/1995

Assent Date:

6.6.95

Commencement Date:

All of Act (except s. 4) on 6.6.95: s. 2(1); s. 4 on 6.12.95: s. 2(3)

Current State:

All of Act in operation

Planning and Environment (Development Contributions) Act 1995, No. 50/1995

Assent Date:

14.6.95

Commencement Date:

S. 3 on 30.11.95: Government Gazette 30.11.95
p. 3303; s. 4 on 30.5.97: s. 2(3)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Extractive Industries Development Act 1995, No. 67/1995

Assent Date:

17.10.95

Commencement Date:

Pt 1 (ss 1–7), s. 60(1)(2) on 17.10.95: s. 2(1); rest of Act on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4

Current State:

All of Act in operation

Heritage Act 1995, No. 93/1995

Assent Date:

5.12.95

Commencement Date:

S. 218(1)(Sch. 2 item 7) on 23.5.96: Government Gazette 23.5.96 p. 1248

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Miscellaneous Acts (Omnibus Amendments) Act 1996, No. 22/1996

Assent Date:

2.7.96

Commencement Date:

S. 17 on 2.7.96: s. 2(1)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment (Planning Schemes) Act 1996, No. 77/1996

Assent Date:

17.12.96

Commencement Date:

17.12.96: s. 2

Current State:

All of Act in operation

Alpine Resorts (Management) Act 1997, No. 89/1997

Assent Date:

9.12.97

Commencement Date:

S. 75 on 30.4.98: Government Gazette 30.4.98 p. 926

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment (Amendment) Act 1997, No. 103/1997

Assent Date:

16.12.97

Commencement Date:

16.12.97: s. 2

Current State:

All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:

26.5.98

Commencement Date:

S. 7(Sch. 1) on 1.7.98: s. 2(2)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:

2.6.98

Commencement Date:

Ss 182–192 on 1.7.98: Government Gazette 18.6.98 p. 1512

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment (Amendment) Act 1998, No. 72/1998

Assent Date:

4.11.98

Commencement Date:

Ss 3–8 on 3.12.98: Government Gazette 26.11.98 p. 2851

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:

17.11.98

Commencement Date:

S. 24(Sch. item 45) on 1.1.99: s. 2(3)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Liquor Control Reform Act 1998, No. 94/1998

Assent Date:

24.11.98

Commencement Date:

S. 183(Sch. 4 item 3) on 17.2.99: Special Gazette (No. 22) 16.2.99 p. 3

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Licensing and Tribunal (Amendment) Act 1998, No. 101/1998

Assent Date:

1.12.98

Commencement Date:

S. 27 on 1.2.99: Government Gazette 24.12.98 p. 3204

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment (Amendment) Act 2000, No. 28/2000

Assent Date:

30.5.00

Commencement Date:

Ss 3–11 on 31.5.00: s. 2(1)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment (Restrictive Covenants) Act 2000, No. 100/2000

Assent Date:

12.12.00

Commencement Date:

13.12.00: s. 2

Current State:

All of Act in operation

Planning and Environment (Metropolitan Green Wedge Protection) Act 2003, No. 43/2003

Assent Date:

11.6.03

Commencement Date:

12.6.03: s. 2

Current State:

All of Act in operation

Planning and Environment (Port of Melbourne) Act 2003, No. 77/2003

Assent Date:

21.10.03

Commencement Date:

22.10.03: s. 2

Current State:

All of Act in operation

Road Management Act 2004, No. 12/2004

Assent Date:

11.5.04

Commencement Date:

S. 166 on 1.7.04: s. 2(2)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Mitcham-Frankston Project Act 2004, No. 39/2004

Assent Date:

8.6.04

Commencement Date:

S. 261 on 1.7.04: Special Gazette (No. 148) 25.6.04 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Sustainable Forests (Timber) Act 2004, No. 48/2004

Assent Date:

16.6.04

Commencement Date:

S. 137 on 17.6.04: s. 2(1)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment (General Amendment) Act 2004, No. 81/2004

Assent Date:

16.11.04

Commencement Date:

23.5.05: Government Gazette 19.5.05 p. 930

Current State:

All of Act in operation

Planning and Environment (Development Contributions) Act 2004, No. 101/2004

Assent Date:

14.12.04

Commencement Date:

15.12.04: s. 2

Current State:

All of Act in operation

Public Administration Act 2004, No. 108/2004

Assent Date:

21.12.04

Commencement Date:

S. 117(1)(Sch. 3 item 155) on 5.4.05: Government Gazette 31.3.05 p. 602

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Statute Law Revision Act 2005, No. 10/2005

Assent Date:

27.4.05

Commencement Date:

S. 3(Sch. 1 item 17) on 28.4.05: s. 2

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:

24.5.05

Commencement Date:

S. 18(Sch. 1 item 81) on 12.12.05: Government Gazette 1.12.05 p. 2781

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment (Williamstown Shipyard) Act 2005, No. 44/2005

Assent Date:

16.8.05

Commencement Date:

17.8.05: s. 2

Current State:

All of Act in operation

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:

13.6.06

Commencement Date:

S. 94(Sch. item 37) on 1.7.06: Government Gazette 29.6.06 p. 1315

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment (Growth Areas Authority) Act 2006, No. 33/2006

Assent Date:

13.6.06

Commencement Date:

Ss 4–9 on 1.9.06: Government Gazette 31.8.06 p. 1816

Current State:

All of Act in operation

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 3–8, 10–17 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 3–5 on 18.11.09: s. 2

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:

2.3.10

Commencement Date:

Ss 25(5)(Sch. 2 item 10), 203(1)(Sch. 6 item 35) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1

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 3–5 on 8.6.10: Special Gazette (No. 212) 8.6.10 p. 1; ss 6–13 on 1.7.10: Special Gazette (No. 242) 25.6.10 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Local Government and Planning Legislation Amendment Act 2010, No. 58/2010

Assent Date:

14.9.10

Commencement Date:

Ss 36–43 on 24.9.10: Government Gazette 23.9.10 p. 2186

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Statute Law Revision Act 2011, No. 29/2011

Assent Date:

21.6.11

Commencement Date:

S. 3(Sch. 1 item 70) on 22.6.11: s. 2(1)

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 2011, No. 31/2011

Assent Date:

29.6.11

Commencement Date:

Ss 4, 5, 7–27 on 30.6.11: s. 2(1); s. 6 on 1.7.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011

Assent Date:

15.11.11

Commencement Date:

S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 7 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (Schools) Act 2012, No. 2/2012

Assent Date:

14.2.12

Commencement Date:

15.2.12: s. 2

Current State:

All of Act in operation

Duties Amendment (Landholder) Act 2012, No. 38/2012

Assent Date:

27.6.12

Commencement Date:

Ss 16–25 on 1.7.12: s. 2

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Statute Law Revision Act 2012, No. 43/2012

Assent Date:

27.6.12

Commencement Date:

S. 3(Sch. item 39) on 28.6.12: s. 2(1)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (VicSmart Planning Assessment) Act 2012, No. 53/2012

Assent Date:

18.9.12

Commencement Date:

Ss 3–10 on 20.5.13: s. 2(2)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (General) Act 2013, No. 3/2013 (as amended by No. 34/2013)

Assent Date:

19.2.13

Commencement Date:

Ss 3–6, 8–12, 15, 16, 37, 41, 47, 50, 56–69, 71(1), 72, 74, 75, 77–85 on 22.7.13: Special Gazette (No. 250) 2.7.13 p. 1; ss 14, 17–36, 38–40, 42–46, 48, 49, 51–55, 70, 71(2), 73, 76 on 28.10.13: s. 2(2)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Traditional Owner Settlement Amendment Act 2013, No. 4/2013

Assent Date:

19.2.13

Commencement Date:

S. 30 on 8.3.13: Special Gazette (No. 70) 5.3.13 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013, No. 21/2013

Assent Date:

23.4.13

Commencement Date:

Ss 3–22 on 22.7.13: Special Gazette (No. 250) 2.7.13 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013

Assent Date:

18.6.13

Commencement Date:

S. 35(Sch. 2 item 7) on 1.7.13: s. 2

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Statute Law Revision Act 2013, No. 70/2013

Assent Date:

19.11.13

Commencement Date:

S. 4(Sch. 2 item 36) on 1.12.13: s. 2(1)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:

25.3.14

Commencement Date:

S. 160(Sch. 2 item 71) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:

3.6.14

Commencement Date:

S. 10(Sch. item 124) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014, No. 40/2014

Assent Date:

17.6.14

Commencement Date:

Ss 30–37 on 1.7.15: s. 2(4)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:

27.6.14

Commencement Date:

S. 33(Sch. item 18) on 30.6.14: s. 2(5)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014

Assent Date:

9.9.14

Commencement Date:

Ss 53, 54 on 10.9.14: s. 2(1)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (Recognising Objectors) Act 2015, No. 30/2015

Assent Date:

11.8.15

Commencement Date:

Ss 3–5 on 12.10.15: Special Gazette (No. 294) 6.10.15 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (Infrastructure Contributions) Act 2015, No. 35/2015

Assent Date:

1.9.15

Commencement Date:

Ss 3–15 on 1.6.16: s. 2(2)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

State Taxation and Other Acts Amendment Act 2016, No. 40/2016

Assent Date:

28.6.16

Commencement Date:

Ss 45–47 on 30.6.14: s. 2(2); s. 44 on 1.7.15: s. 2(4); s. 48 on 29.6.16: s. 2(1)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

State Taxation Acts Further Amendment Act 2016, No. 66/2016

Assent Date:

15.11.16

Commencement Date:

Ss 8–25 on 16.11.16: s. 2(1)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017

Assent Date:

14.2.17

Commencement Date:

S. 50(Sch. 1 item 4) on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Heritage Act 2017, No. 7/2017

Assent Date:

15.3.17

Commencement Date:

S. 305 on 1.11.17: s. 2(2)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Victorian Planning Authority Act 2017, No. 11/2017

Assent Date:

27.3.17

Commencement Date:

Ss 55–97 on 1.7.17: Special Gazette (No. 150) 16.5.17 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

State Taxation Acts Amendment Act 2017, No. 28/2017

Assent Date:

27.6.17

Commencement Date:

S. 79 on 28.6.17: s. 2(2)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Act 2017, No. 47/2017

Assent Date:

26.9.17

Commencement Date:

Ss 7–9 on 15.11.17: Special Gazette (No. 388) 15.11.17 p. 1; ss 3–6 on 1.6.18: s. 2(3)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017

Assent Date:

26.9.17

Commencement Date:

Ss 61, 62 on 1.12.17: s. 2(3)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date:

24.10.17

Commencement Date:

S. 88 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (Public Land Contributions) Act 2018, No. 7/2018

Assent Date:

27.2.18

Commencement Date:

Ss 4–15, 23–25 on 2.7.18: Special Gazette (No. 305) 26.6.18 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018

Assent Date:

29.5.18

Commencement Date:

Ss 3–5 on 30.5.18: s. 2

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Marine and Coastal Act 2018, No. 26/2018

Assent Date:

26.6.18

Commencement Date:

S. 96 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:

3.12.19

Commencement Date:

S. 186(Sch. 4 item 33) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Local Government Act 2020, No. 9/2020

Assent Date:

24.3.20

Commencement Date:

S. 390(Sch. 1 items 77.2–77.4, 77.7–77.9) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 77.1, 77.5, 77.6) on 24.10.20: s. 2(3)(f)

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020

Assent Date:

24.4.20

Commencement Date:

S. 58 on 25.4.20: s. 2

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Great Ocean Road and Environs Protection Act 2020, No. 19/2020

Assent Date:

23.6.20

Commencement Date:

Ss 74−76 on 1.12.20: s. 2(2)

Current State:

This information relates only to the provisions amending the Planning and Environment Act 1987

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date:

20.10.20

Commencement Date:

S. 40 on 21.10.20: s. 2

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

Project Development and Construction Management Amendment Act 2020, No. 30/2020

Assent Date:

27.10.20

Commencement Date:

Ss 26, 27 on 22.12.20: Special Gazette (No. 685) 22.12.20 p. 1

Current State:

This information relates only to the provision/s amending the Planning and Environment Act 1987

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

    4     Explanatory details


[1] S. 3(1) def. of Victoria Planning Provisions: Part 3 (ss 16A–27) of the Planning and Environment (Planning Schemes) Act 1996, No. 77/1996 reads as follows:

Part 3—Transitional

S. 16A inserted by No. 77/2003 s. 8.

        16A     Definition of Port of Melbourne Area

In this Part Port of Melbourne Area has the same meaning as it has in the Planning and Environment Act 1987.

        17     Existing Act to continue to apply to existing schemes

Despite the amendment of the Principal Act by this Act, the Principal Act as in force immediately before the commencement of this Act continues to apply in relation to—

        (a)     any planning scheme existing immediately before that commencement; and

        (b)     any amendment to a planning scheme of which notice was given under section 19 of the Principal Act but which had not been approved before that commencement; and

        (c)     any amendment to a planning scheme referred to in paragraph (a) prepared on or after that commencement.

        18     Municipal councils to prepare new schemes

    (1)     As soon as practicable after the commencement of this Act, each municipal council must prepare a planning scheme for its municipal district and for any area adjoining its municipal district for which it is a planning authority.

    (2)     Subject to this Part, the Principal Act as amended by this Act and the regulations under the Principal Act apply to the preparation of a planning scheme under this section as if it were an amendment to a planning scheme and the municipal council were the planning authority.

    (3)     Sections 96A to 96D do not apply in respect of a planning scheme prepared under this section.

S. 18(4) inserted by No. 77/2003 s. 9.

    (4)     This section does not apply to any part of a municipal district that is within the Port of Melbourne Area.

        19     Municipal councils to prepare municipal strategic statements

    (1)     The municipal council must prepare a municipal strategic statement for inclusion in the planning scheme prepared under section 18 on or before the date specified by the Minister in respect of that planning scheme.

    (2)     If a municipal council has not prepared a municipal strategic statement for inclusion in a planning scheme on or before the date specified by the Minister under subsection (1), the Minister may prepare a municipal strategic statement for inclusion in that planning scheme.

    (3)     Section 12A of the Principal Act as amended by this Act applies to the preparation of a municipal strategic statement under this section.

        20     Submission of planning scheme for approval

    (1)     The municipal council must submit a planning scheme prepared under section 18 to the Minister for approval under section 31 of the Principal Act on or before the date specified by the Minister in respect of that planning scheme.

    (2)     If the municipal council does not submit a planning scheme by the date specified by the Minister, the Minister may prepare and approve a planning scheme for that municipal district.

    (3)     The Principal Act (except sections 12(1)(a) and (e), 12(2), 12(3), Divisions 1 and 2 of Part 3 and section 39 and any regulations made for the purpose of those provisions) applies to the preparation and approval of a planning scheme by the Minister under subsection (2).

    (4)     A planning scheme approved under this section is deemed to be approved under the Principal Act.

    (5)     The municipal council must pay to the Crown the costs determined by the Governor in Council to be incurred by the Minister in preparing a planning scheme under this section for the council's municipal district.

        21     Minister may prepare planning scheme

    (1)     The Minister may prepare and approve a planning scheme under this Part for any part of Victoria outside a municipal district.

S. 21(1A) inserted by No. 77/2003 s. 10.

    (1A)     The Minister may prepare and approve a planning scheme under this Part for the Port of Melbourne Area.

    (2)     Subject to this Part, the Principal Act as amended by this Act and the regulations under the Principal Act apply to the preparation of a planning scheme under this section as if it were an amendment to a planning scheme and the Minister were the planning authority.

    (3)     Sections 96A to 96D do not apply in respect of a planning scheme prepared under this section.

        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.

    (3)     The Principal Act applies in relation to a planning scheme prepared under this Part as if—

        (a)     in section 96E(1)(a) the words "as amended by the proposed amendment" were omitted; and

        (b)     for section 96G(1)(c) there were substituted

    "(c)     the planning authority considers it appropriate that a permit be granted under this Division for any purpose for which the planning scheme would require a permit to be obtained.".

    (4)     Section 96I of the Principal Act applies in relation to a planning scheme prepared under this Part as if that section permitted the Minister—

        (a)     to grant a permit subject to any conditions the Minister thinks fit, if the Minister considers that it is appropriate that a permit be granted under that section for any purpose for which the planning scheme would require the permit to be obtained; and

        (b)     to grant any permit under that section within 3 months after the date of approval of the planning scheme.

S. 23(5) inserted by No. 72/1998 s. 10.

    (5)     If, in relation to a planning scheme prepared under this Part, the Minister grants a permit under section 96I of the Principal Act for the use of land or the development and use of land for an extractive industry, the permit may specify that the permit expires if the use is discontinued for a period (being not less than 2 years) specified in the permit.

S. 23(6) inserted by No. 72/1998 s. 10.

    (6)     If a permit specifies a period for expiry in accordance with subsection (5)—

        (a)     the permit expires if the use is discontinued for the period specified in the permit; and

        (b)     sections 68(2)(b) and 68(3)(d) of the Principal Act do not apply to that permit.

        24     Effect of new scheme

    (1)     On the commencement of a new planning scheme prepared under this Part in respect of an area, any planning scheme in force in that area immediately before that commencement is revoked.

    (2)     All acts matters or things of a continuing nature made, done or commenced under or in relation to a revoked scheme that could have been made, done or commenced under or in relation to the new planning scheme are to be taken, so far as relates to any period after the commencement of the new planning scheme, to have been made, done or commenced in relation to the new planning scheme.

    (3)     On and from the commencement of the new planning scheme—

        (a)     all proceedings commenced by or against a responsible authority under or in relation to the revoked scheme may be continued by or against the responsible authority for the new planning scheme; and

        (b)     any arrangement, contract or agreement entered into by or on behalf of a responsible authority in relation to the revoked scheme that could be entered into under the Principal Act in relation to the new planning scheme may be enforced by or against the responsible authority for the new planning scheme; and

        (c)     all rights and liabilities existing under or in relation to the revoked scheme immediately before the commencement of the new planning scheme continue under or in relation to the new planning scheme, to the extent that the new planning scheme has provisions to the like effect as provisions of the revoked scheme, and may be enforced by or against—

              (i)     the Minister, if they were rights and liabilities of or enforceable against the Minister immediately before that commencement; or

              (ii)     the responsible authority for the new planning scheme, if they were rights and liabilities of or enforceable against the responsible authority under or in relation to the revoked scheme immediately before that commencement.

        25     Applications for permits

    (1)     Any application for a permit in respect of land which was made under the Principal Act but which had not been decided before the commencement of a new planning scheme prepared under this Part and applying to that land must be decided in accordance with the provisions of the new planning scheme as in force at the date of the decision.

    (2)     Subject to subsection (3), Part 4 of the Principal Act as amended by this Act applies to an application referred to in subsection (1) as if a reference in that Part to a planning scheme were a reference to the new planning scheme.

    (3)     If notice had been given of an application under section 52 of the Principal Act before the commencement of the new planning scheme—

        (a)     any exemption in the new planning scheme from the giving of that notice does not apply; and

        (b)     any additional requirements for notice in the new planning scheme do not apply.

        26     Appeals

    (1)     If before the commencement of a new planning scheme prepared under this Part—

        (a)     the responsible authority had decided an application for a permit under the Principal Act in respect of land to which the new planning scheme applies; and

        (b)     an appeal against the decision had not been lodged before that commencement and the time for lodging had not expired; and

        (c)     an appeal is made to the Administrative Appeals Tribunal against that decision after that commencement—

the new planning scheme as in force at the date of the determination by the Tribunal applies to the hearing and determination of the appeal.

    (2)     If before the commencement of a new planning scheme prepared under this Part—

        (a)     the responsible authority had decided an application for a permit under the Principal Act in respect of land to which the new planning scheme applies; and

        (b)     an appeal had been lodged but not determined before that commencement—

the new planning scheme as in force at the date of the determination by the Tribunal applies to the hearing and determination of the appeal.

    (3)     If on an appeal referred to in this section, the Tribunal determines that a permit should be granted, the new planning scheme as in force for the time being applies to the grant of the permit and anything done under or in relation to the permit.

S. 27 amended by No. 77/2003 s. 11 (ILA s. 39B(1)).

        27     Supreme Court—limitation of jurisdiction

    (1)     It is the intention of section 22(2) to alter or vary section 85 of the Constitution Act 1975.

S. 27(2) inserted by No. 77/2003 s. 11.

    (2)     Without limiting subsection (1), it is the intention of section 22(2) (to the extent that it applies to any planning scheme prepared and approved by the Minister under section 21(1A) for the Port of Melbourne Area) to alter or vary section 85 of the Constitution Act 1975.

[2] Pt 1A (ss 4A–4J): See note 1.

[3] S. 6(1)(aa): See note 1.

[4] S. 6(2)(d): See note 1.

[5] S. 7: See note 1.

[6] S. 12(2)(aa): See note 1.

[7] S. 12(2)(ab): See note 1.

[8] 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.

[9] S. 12A: See note 1.

[10] 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.

[11] 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 Principal Act on or after the date of commencement of this section.

[12] S. 21: See note 1.

[13] 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.

[14] S. 22: See note 1.

[15] 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

    (6)     The amendment made to the Principal Act by section 25(h) of this Act applies to a submission whether received before on or after the date of commencement of this section.

[16] S. 23: See note 1.

[17] S. 25: See note 1.

[18] S. 25A: See note 1.

[19] 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.

[20] S. 52(1B): See note 19.

[21] S. 52(1C): See note 19.

[22] Pt 4 Div. 5 (ss 96A–96N): See note 1.

[23] 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 Principal Act has effect and must be taken always to have had effect as if it referred to the Extractive Industries Advisory Committee instead of to the Extractive Industries Board.

[24] S. 161(2): See note 1.

[25] 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.

[26] S. 201D: See note 1.



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