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PLANNING AND ENVIRONMENT ACT 1987 - SECT 3

Definitions

S. 3(1) amended by No. 46/1998 s. 7(Sch. 1) (ILA s. 39B(1)).

    (1)     In this Act—

S. 3(1) def. of Administrative Appeals Tribunal repealed by
No. 52/1998 s. 183(a).

    *     *     *     *     *

S. 3(1) def. of affordable housing inserted by No. 47/2017 s. 3.

affordable housing has the meaning given by section 3AA;

"amendment" includes addition, deletion or substitution;

S. 3(1) def. of approved development contributions plan inserted by No. 7/2018 s. 4.

approved development contributions plan —see section 46H;

S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 74.

approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of approved infrastructure contributions plan inserted by No. 7/2018 s. 4.

approved infrastructure contributions plan —see section 46GA;

"area" includes two or more areas of land that are not adjoining;

"building" includes—

        (a)     a structure and part of a building or a structure; and

        (b)     fences, walls, out-buildings, service installations and other appurtenances of a building; and

        (c)     a boat or a pontoon which is permanently moored or fixed to land;

S. 3(1) def. of building permit inserted by No. 7/2018 s. 4.

"building permit" has the same meaning as in Part 3 of the Building Act 1993 ;

S. 3(1) def. of building work inserted by No. 7/2018 s. 4.

"building work" has the same meaning as in section 3(1) of the Building Act 1993 ;

S. 3(1) def. of business day inserted by No. 3/2013 s. 75(1).

"business day" means a day other than—

        (a)     a Saturday or a Sunday; or

        (b)     a day appointed under the Public Holidays Act 1993 as a public holiday or public half-holiday;

S. 3(1) def. of collecting agency inserted by No. 7/2018 s. 4.

"collecting agency"—see section 46GA;

S. 3(1) def. of Commis-sioner inserted by No. 40/2014 s. 30.

"Commissioner" means the Commissioner of State Revenue referred to in section 62 of the Taxation Administration Act 1997 ;

S. 3(1) def. of committee of management inserted by No. 86/1989 s. 4(1)(a).

"committee of management" means a committee of management of Crown lands appointed under an Act;

"conservation" includes preservation, maintenance, sustainable use, and restoration of the natural and cultural environment;

"construct" includes reconstruct or make structural changes;

S. 3(1) def. of consumer price index inserted by No. 40/2014 s. 30.

"consumer price index" means the all groups consumer price index for Melbourne in original terms published by the Australian Bureau of Statistics;

S. 3(1) def. of Crown land inserted by No. 86/1989 s. 4(1)(b).

"Crown land" means land which is or is deemed to be unalienated land of the Crown and includes—

        (a)     land of the Crown reserved permanently or temporarily by or under an Act; and

        (b)     land of the Crown occupied by a person under a lease licence or other right;

S. 3(1) def. of declared area inserted by No. 17/2018 s. 3(a).

"declared area "means an area to which an order under section 46AO applies;

S. 3(1) def. of declared area framework plan inserted by No. 17/2018 s. 3(a).

"declared area framework plan" means a plan described in section 46AV(2);

S. 3(1) def. of declared area planning scheme inserted by No. 17/2018 s. 3(a).

"declared area planning scheme" means a planning scheme applying to land that is wholly or partially within a declared area;

S. 3(1) def. of Department inserted by No. 35/1995 s. 11(1)(a), amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 47/2007 s. 3(1), amended by Nos 70/2013 s. 4(Sch. 2 item 36.1), 49/2017 s. 61(1).

"Department" means the Department of Environment, Land, Water and Planning;

S. 3(1) def. of Department Head inserted by No. 49/2017 s. 61(3).

"Department Head" has the same meaning as in the Public Administration Act 2004 ;

S. 3(1) def. of determining referral authority inserted by No. 3/2013 s. 14.

"determining referral authority" means, in relation to an application for a permit or an amendment to a permit, a person or body that a planning scheme specifies as a determining referral authority for applications of that kind;

S. 3(1) def. of development amended by No. 53/1988 s. 45(Sch. 2 item 29) (as amended by No. 47/1989 s. 19(w)(i)(ii)).

"development" includes—

        (a)     the construction or exterior alteration or exterior decoration of a building; and

        (b)     the demolition or removal of a building or works; and

        (c)     the construction or carrying out of works; and

        (d)     the subdivision or consolidation of land, including buildings or airspace; and

        (e)     the placing or relocation of a building or works on land; and

        (f)     the construction or putting up for display of signs or hoardings;

S. 3(1) def. of development agency inserted by No. 7/2018 s. 4.

"development agency"—see section 46GA;

S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 74.

"Great Ocean Road coast and parks "has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 74.

Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of Great Ocean Road region inserted by No. 19/2020 s. 74.

"Great Ocean Road region "has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 74.

"Great Ocean Road scenic landscapes area" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of Great Ocean Road scenic landscapes area planning scheme inserted by No. 19/2020 s. 74.

"Great Ocean Road scenic landscapes area planning scheme" means a planning scheme applying to land that is wholly or partially within the Great Ocean Road scenic landscapes area;

S. 3(1) def. of Great Ocean Road settlement boundary inserted by No. 19/2020 s. 74.

"Great Ocean Road settlement boundary" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of Great Ocean Road settlement boundary amendment inserted by No. 19/2020 s. 74.

"Great Ocean Road settlement boundary amendment" means an amendment under this Act that alters a Great Ocean Road settlement boundary in a planning scheme;

S. 3(1) def. of Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 74.

Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of Greater Yarra Urban Parklands inserted by No. 49/2017 s. 61(3).

"Greater Yarra Urban Parklands" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;

S. 3(1) def. of growth area inserted by No. 33/2006 s. 4,
amended by No. 11/2017 s. 55(b).

"growth area" means an area of land for the time being declared under section 201RAA;

S. 3(1) def. of Growth Areas Authority inserted by No. 33/2006 s. 4,
repealed by No. 11/2017 s. 55(c).

    *     *     *     *     *

S. 3(1) def. of Head, Transport for Victoria inserted by No. 3/2017 s. 50(Sch. 1 item 4.1).

"Head, Transport for Victoria" has the same meaning as it has in section 3 of the Transport Integration Act 2010 ;

S. 3(1) def. of ICP plan area inserted by No. 7/2018 s. 4.

ICP plan area —see section 46GA;

S. 3(1) def. of infrastructure contributions plan inserted by No. 7/2018 s. 4.

"infrastructure contributions plan"—see section 46GG;

S. 3(1) def. of inner public purpose land inserted by No. 7/2018 s. 4.

"inner public purpose land"—see section 46GA;

"land" includes—

        (a)     buildings and other structures permanently fixed to land; and

        (b)     land covered with water; and

        (c)     any estate, interest, easement, servitude, privilege or right in or over land;

S. 3(1) def. of land credit amount inserted by No. 7/2018 s. 4.

"land credit amount"—see section 46GA;

S. 3(1) def. of land equalisation amount inserted by No. 7/2018 s. 4.

"land equalisation amount"—see section 46GF;

S. 3(1) def. of leviable planning permit application inserted by No. 40/2014 s. 30.

leviable planning permit application has the meaning given in section 96P;

S. 3(1) def. of levy certificate inserted by No. 40/2014 s. 30.

"levy certificate" means—

        (a)     a certificate issued under section 96T; or

        (b)     a revised certificate issued under section 96U;

S. 3(1) def. of metropolitan Melbourne inserted by No. 40/2014 s. 30.

"metropolitan Melbourne" means the aggregate area consisting of—

        (a)     the area within the municipal districts of the municipal councils set out in Schedule 2; and

        (b)     the area within the urban growth boundary specified in the planning scheme that is in force in the municipal district of the Mitchell Shire Council;

S. 3(1) def. of municipal council repealed by No. 12/1989 s. 4(1)(Sch. 2 item 90.1).

    *     *     *     *     *

S. 3(1) def. of occupier inserted by No. 86/1989 s. 4(1)(c).

"occupier" includes a committee of management of Crown land;

S. 3(1) def. of owner substituted by No. 86/1989 s. 4(1)(d), amended by Nos 85/1998 s. 24(Sch. item 45.1(a) (b)), 4/2013 s. 30.

"owner"—

        (a)     in relation to land which has been alienated in fee by the Crown and is under the operation of the Transfer of Land Act 1958 (other than land in an identified folio under that Act), means the person who is registered or entitled to be registered as proprietor, or the persons who are registered or entitled to be registered as proprietors, of an estate in fee simple in the land; and

        (b)     in relation to land which has been alienated in fee by the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of the Transfer of Land Act 1958 , means the person who is the owner, or the persons who are the owners, of the fee or equity of redemption; and

        (c)     in relation to Crown land reserved under the Crown Land (Reserves) Act 1978 and managed or controlled by a committee of management, means—

              (i)     in Part 3, if the land is agreement land within the meaning of the Traditional Owner Settlement Act 2010 , each of the following—

    (A)     the traditional owner group entity within the meaning of Traditional Owner Settlement Act 2010 for the land;

    (B)     the Minister administering the Crown Land (Reserves) Act 1978 ;

              (ii)     in any other case, the Minister administering the Crown Land (Reserves) Act 1978 ; and

        (d)     in relation to any other Crown land, means—

              (i)     in Part 3, if the land is agreement land within the meaning of the Traditional Owner Settlement Act 2010 , each of the following—

    (A)     the traditional owner group entity within the meaning of Traditional Owner Settlement Act 2010 for the land;

    (B)     the Minister or public authority that manages or controls the land;

              (ii)     in any other case, the Minister or public authority that manages or controls the land;

S. 3(1) def. of permit inserted by No. 3/2013 s. 69.

"permit" includes any plans, drawings or other documents approved under a permit;

S. 3(1) def. of Planning Application Committee inserted by No. 3/2013 s. 8.

"Planning Application Committee" means the Planning Application Committee established under Part 4AA;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 124.1).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of Port of Melbourne Area inserted by No. 77/2003 s. 3(1), amended by No. 53/2017 s. 88(1).

"Port of Melbourne Area" means—

        (a)     the land shown red on plan numbered LEGL./02–023 and lodged in the Central Plan Office; and

        (b)     any area included in the Port of Melbourne Area under subsection (3)—

but excludes any area excluded from the Port of Melbourne Area under subsection (3);

S. 3(1) def. of precinct structure plan inserted by No. 35/2015 s. 3.

"precinct structure plan" in relation to land means a precinct structure plan which has been incorporated by the planning scheme applying to that land;

S. 3(1) def. of principal registrar inserted by No. 52/1998 s. 183(b).

"principal registrar" means principal registrar of the Tribunal;

S. 3(1) def. of protected settlement boundary inserted by No. 17/2018 s. 3(a).

"protected settlement boundary "means a settlement boundary in a declared area that is protected under a Statement of Planning Policy;

S. 3(1) def. of protected settlement boundary amendment inserted by No. 17/2018 s. 3(a).

"protected settlement boundary amendment "means an amendment that alters a protected settlement boundary in a planning scheme;

"public authority" means a body established for a public purpose by or under any Act but does not include a municipal council;

S. 3(1) def. of public entity inserted by No. 17/2018 s. 3(a).

"public entity" has the same meaning as in the Public Administration Act 2004 ;

"public purpose" includes any purpose for which land may be compulsorily acquired under any Act to which the Land Acquisition and Compensation Act 1986 applies;

S. 3(1) def. of recommend-ing referral authority inserted by No. 3/2013 s. 14.

"recommending referral authority" means, in relation to an application for a permit or an amendment to a permit, a person or body that a planning scheme specifies as a recommending referral authority for applications of that kind;

S. 3(1) def. of referral authority inserted by No. 3/2013 s. 14.

"referral authority" means a body or person specified in a planning scheme as—

        (a)     a determining referral authority; or

        (b)     a recommending referral authority;

S. 3(1) def. of referred wind energy facility permit inserted by No. 47/2017 s. 7.

"referred wind energy facility permit" means a permit required by a planning scheme to be obtained for the use or development of land as a wind energy facility, the application for which was referred to and determined by the Minister under Division 6 of Part 4;

S. 3(1) def. of registered restrictive covenant inserted by No. 100/2000 s. 4.

"registered restrictive covenant" means a restriction within the meaning of the Subdivision Act 1988 ;

S. 3(1) def. of responsible entity inserted by No. 19/2020 s. 74.

"responsible entity" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of responsible public entity inserted by No. 49/2017 s. 61(3), substituted by No. 17/2018 s. 3(b), amended by No. 49/2019 s 186(Sch. 4 item 33.1).

"responsible public entity"—

        (a)     in Part 3AAA, has the same meaning as it has in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ; and

        (b)     in Part 3AAB, means any of the following, in relation to a declared area

              (i)     the Secretary (within the meaning of the Conservation, Forests and Lands Act 1987 );

              (ii)     the water corporation responsible for the area in which the declared area is located;

              (iii)     a municipal council whose municipal district contains land in the declared area;

              (iv)     Parks Victoria established under Part 2 of the Parks Victoria Act 1998 ;

              (v)     the Victorian Planning Authority established under Part 2 of the Victorian Planning Authority Act 2017 ;

              (vi)     a Catchment Management Authority established under Part 2 of the Catchment and Land Protection Act 1994 for a catchment and land protection region that contains land in the declared area;

              (vii)     the Head, Transport for Victoria within the meaning of the Transport Integration Act 2010 ;

              (viii)     Victorian Rail Track continued under section 116 of the Transport Integration Act 2010 ;

              (ix)     any committee of management or trustees under the Crown Land (Reserves) Act 1978 in relation to land in the declared area;

              (x)     any Traditional Owner Land Management Board established under Part 8A of the  Conservation, Forests and Lands Act 1987 in relation to land in the declared area;

              (xi)     any other public entity prescribed to be a responsible public entity in relation to the declared area;

S. 3(1) def. of revocation order inserted by No. 17/2018 s. 3(a).

"revocation order" means an order made under section 46AQ(1);

"road" includes highway, street, lane, footway, square, court, alley or right of way, whether a thoroughfare or not and whether accessible to the public generally or not;

S. 3(1) def. of secretary amended by Nos 125/1993 s. 20(10), 35/1995 s. 11(1)(b).

secretary in relation to a responsible authority or planning authority being—

        (a)     a Minister, means the Department Head of the Minister's department; and

        (b)     a municipal council, means the Chief Executive Officer of the council; and

        (c)     any other responsible authority or planning authority, means the Chief Executive Officer of the authority—

and includes any person for the time being authorised by the authority to exercise the powers and perform the duties of that office;

S. 3(1) def. of settlement boundary inserted by No. 17/2018 s. 3(a).

"settlement boundary", in relation to a plan of an area, means the boundary marking the limit of urban development in that area;

S. 3(1) def. of statement of compliance inserted by No. 7/2018 s. 4.

"statement of compliance" means a statement of compliance issued under section 21 of the Subdivision Act 1988 ;

S. 3(1) def. of Statement of Planning Policy inserted by No. 17/2018 s. 3(a).

"Statement of Planning Policy" means a Statement of Planning Policy approved under Part 3AAB in relation to a declared area, as amended from time to time;

S. 3(1) def. of subdivision amended by No. 53/1988 s. 45(Sch. 2 item 30).

"subdivision" means the division of land into two or more parts which can be disposed of separately;

S. 3(1) def. of Tribunal inserted by No. 52/1998 s. 183(b).

"Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 ;

S. 3(1) def. of urban growth boundary inserted by No. 23/2010 s. 3.

"urban growth boundary" means a boundary that is specified or is to be specified as an urban growth boundary in a planning scheme;

"use" in relation to land includes use or proposed use for the purpose for which the land has been or is being or may be developed;

S. 3(1) def. of Victoria Planning Provisions inserted by No. 77/1996 s. 4.

"Victoria Planning Provisions" means the Victoria Planning Provisions approved under Part 1A as amended from time to time [1] ;

S. 3(1) def. of Victorian Planning Authority inserted by No. 11/2017 s. 55(a).

"Victorian Planning Authority" means the Victorian Planning Authority established under section 4 of the Victorian Planning Authority Act 2017 ;

S. 3(1) def. of water corporation inserted by No. 17/2018 s. 3(a).

"water corporation" has the same meaning as in the Water Act 1989 ;

S. 3(1) def. of wind energy facility inserted by No. 47/2017 s. 7.

"wind energy facility "means an electricity generation facility that generates electricity by converting wind energy into electricity;

S. 3(1) def. of works amended by No. 49/2017 s. 61(2).

"works" includes any change to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil;

S. 3(1) def. of Yarra protection principles inserted by No. 49/2017 s. 61(3).

"Yarra protection principles" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;

S. 3(1) def. of Yarra River land inserted by No. 49/2017 s. 61(3).

Yarra River land has the same meaning as in the  Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;

S. 3(1) def. of Yarra Strategic Plan inserted by No. 49/2017 s. 61(3).

"Yarra Strategic Plan" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;

S. 3(1) def. of Yarra Strategic Plan area inserted by No. 49/2017 s. 61(3).

"Yarra Strategic Plan area" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 .

S. 3(2) inserted by No. 46/1998 s. 7(Sch. 1), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 155.1), 47/2007 s. 3(2), 70/2013 s. 4(Sch. 2 item 36.2).

    (2)     If under the Public Administration Act 2004 the name of the Department of Transport, Planning and Local Infrastructure is changed, the reference in the definition of Department in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

S. 3(3) inserted by No. 77/2003 s. 3(2).

    (3)     The Governor in Council may by order published in the Government Gazette—

        (a)     include any area of land adjoining the Port of Melbourne Area in the Port of Melbourne Area; or

        (b)     exclude any area of land from the Port of Melbourne Area.

S. 3AA inserted by No. 47/2017 s. 4.



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