Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PLANNING AND ENVIRONMENT ACT 1987 - SECT 8B

Municipal council as planning authority for area adjoining municipal district

    (1)     A municipal council is a planning authority for any planning scheme applying to an area adjoining its municipal district for which it is authorised under this section to prepare an amendment.

S. 8B(2) amended by No. 43/2021 s. 120(1).

    (2)     Subject to subsection (5A), the Minister, on the application of a municipal council under this section, may authorise that municipal council to prepare an amendment to any part of the State standard provisions and local provisions of a planning scheme applying to an area adjoining its municipal district.

    (3)     The authorisation must be in writing.

    (4)     An application under this section must be made in accordance with the regulations and contain the information required by the Minister.

    (5)     The Minister may authorise the preparation of an amendment subject to any conditions the Minister wishes to impose, including conditions relating to the giving of notice of the amendment.

S. 8B(5A) inserted by No. 43/2021 s. 120(2).

    (5A)     If an application is for the preparation of an amendment that will apply to land to which a Suburban Rail Loop planning area declaration applies, the Minister—

        (a)     must refer the application to the Suburban Rail Loop Minister; and

        (b)     must not authorise the preparation of the amendment without the consent of the Suburban Rail Loop Minister under section 8C.

    (6)     The Minister cannot authorise a municipal council to prepare an amendment to a planning scheme applying to the Port of Melbourne Area unless the amendment does not affect or apply to land in that Area.

S. 8C inserted by No. 43/2021 s. 121.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback