Victorian Current Acts Victorian Current Acts(1) The Minister must cause a notice in the prescribed form of the approval of every amendment to be laid before each House of the Parliament within 10 sitting days after it is approved.
S. 38(1AAA) inserted by No. 3/2013 s. 45(1).
(1AAA) A notice under subsection (1) must state whether the Minister prepared the amendment under section 20A.
S. 38(1AA) inserted by No. 81/2004 s. 11, repealed by No. 3/2013 s. 70(1).
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S. 38(1A) inserted by No. 128/1993 s. 10.
(1A) A notice under subsection (1) must state whether the Minister has exempted the planning authority or himself or herself from any of the requirements of section 17, 18 or 19 or the regulations.
S. 38(1B) inserted by No. 128/1993 s. 10, amended by No. 3/2013 s. 45(2).
(1B) If an exemption referred to in subsection (1A) has been given, the notice must—
(a) state the nature of the exemption; and
(b) state the notice, if any, given of the amendment; and
(c) state whether the Minister consulted the responsible authority before giving the exemption; and
(d) if the responsible authority was consulted, include a summary of the authority's recommendations (if any) in relation to the exemption.
(2) An amendment may be revoked wholly or in part by a resolution passed by either House of the Parliament within 10 sitting days after the notice of approval of the amendment is laid before that House.
(3) If an amendment is revoked—
(a) any provision of a planning scheme that had been revoked by the amendment comes back into operation from the beginning of the day on which the amendment was revoked; and
(b) any provision of a planning scheme that had been directly amended by the amendment takes effect without that direct amendment from the beginning of the day on which the amendment was revoked as if the revoked amendment had not been made.
(4) The Minister must publish a notice of the revocation of an amendment or part of an amendment in the Government Gazette.
(5) The planning authority must give notice of the revocation of an amendment or part of an amendment in a manner satisfactory to the Minister.
S. 38(6) inserted by No. 43/2021 s. 126.
(6) Subsections (2) to (4) do not apply to an amendment to a planning scheme prepared by the Suburban Rail Loop Authority that applies to land to which a Suburban Rail Loop planning area declaration applies.
S. 39 substituted by No. 86/1989 s. 10.