Victorian Current Acts

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PLANNING AND ENVIRONMENT ACT 1987 - SECT 171

Powers of responsible authority

    (1)     A responsible authority has all the powers necessary for the purpose of—

        (a)     carrying out its functions and duties under this Act; and

        (b)     carrying into effect the objectives of a planning scheme for which it is the responsible authority.

    (2)     The powers under subsection (1) include the power to—

        (a)     enter into agreements; and

        (b)     purchase, hold, lease and dispose of land by public auction, private treaty or otherwise on terms and conditions satisfactory to the authority; and

        (c)     exchange land for other land and make any financial adjustment required as a result; and

        (d)     consolidate, subdivide, re-subdivide and develop land for any purpose consistent with the planning scheme for which it is the responsible authority; and

        (e)     in the case of a responsible authority other than a municipal council, enter into arrangements with other persons with respect to the development of land within the area of the planning scheme for which it is the responsible authority; and

        (f)     carry out studies and commission reports; and

        (g)     grant and reserve easements; and

        (h)     conserve, restore and enhance areas, buildings and objects of community significance; and

              (i)     carry out any other use or development necessary for the orderly and proper development of the area covered by the planning scheme for which it is the responsible authority.

S. 171(2A) inserted by No. 11/2017 s. 61.

    (2A)     Despite subsection (2), the Victorian Planning Authority does not have power to purchase, hold or dispose of land.

S. 171(3) amended by Nos 62/1991 s. 38, 9/2020 s. 390(Sch.  1 item 77.8).

    (3)     Nothing in subsection (2)(e) affects any power of a municipal council under the Local Government Act 1989 or the Local Government Act 2020 (as the case requires) to enter into any arrangement with respect to the development of land.



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