Victorian Consolidated Regulations

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PLANNING AND ENVIRONMENT REGULATIONS 2015 - REG 8

Prescribed amendments

    (1)     For the purposes of section 20A(1) of the Act, the prescribed classes of amendment are—

        (a)     an amendment to correct an obvious or technical error in the Victoria Planning Provisions or a planning scheme; and

        (b)     an amendment to delete an expired clause in the Victoria Planning Provisions or a planning scheme; and

        (c)     an amendment to clarify or improve the style, format, language or grammatical form of a clause in the Victoria Planning Provisions or a planning scheme, if the intended effect of that clause or any other clause in the Victoria Planning Provisions or a planning scheme is not changed by that amendment; and

        (d)     an amendment to remove a clause that duplicates another clause in the Victoria Planning Provisions or a planning scheme; and

        (e)     an amendment to the Victoria Planning Provisions or a planning scheme to insert or update a heading; and

        (f)     an amendment to the Victoria Planning Provisions or a planning scheme to update a reference to a clause in the Victoria Planning Provisions or a planning scheme; and

        (g)     an amendment to delete a reference to an incorporated document or a reference document in the Victoria Planning Provisions or a planning scheme if that document has expired or the reference is redundant; and

        (h)     an amendment to the description of a person, body, department, Act or statutory rule in the Victoria Planning Provisions or a planning scheme if the legal description of that person, body, department, Act or statutory rule has changed; and

              (i)     an amendment to delete a reference to a person or body specified as a referral authority in the Victoria Planning Provisions or a planning scheme if that person or body requests the amendment; and

        (j)     an amendment to delete a reference to a person or body to whom notice of an application for permit must be given in the Victoria Planning Provisions or a planning scheme if that person or body requests the amendment; and

        (k)     an amendment to the schedule to the Heritage Overlay in a planning scheme to delete a reference to a heritage place being included on the Victorian Heritage Register under the Heritage Act 1995 if the heritage place is not on that Register; and

Reg. 8(1)(l) amended by S.R. No. 114/2022 reg. 5.

        (l)     an amendment to a planning scheme to include land in the Transport Zone if that land has been declared a freeway or an arterial road under the Road Management Act 2004 ; and

        (m)     an amendment to a planning scheme to delete a Road Closure Overlay from land; and

        (n)     an amendment to a planning scheme to delete a Public Acquisition Overlay from land if the person or body designated in the planning scheme as the acquiring authority for that land has acquired the land; and

        (o)     an amendment to a planning scheme to delete an Environmental Audit Overlay from land if a certificate of environmental audit has been issued for that land in accordance with Part IXD of the Environment Protection Act 1970 ; and

        (p)     an amendment to extend the expiry of a clause in the Victoria Planning Provisions or a planning scheme for a period of 12 months or less, beginning on the day the amendment takes effect, if notice has been published in accordance with section 19(3) of the Act of the preparation of an amendment to introduce a clause that is similar or substantially the same; and

Reg. 8(1)(pa) inserted by S.R. No. 148/2016 reg. 4(1), substituted by S.R. No. 93/2018 reg. 4.

        (pa)     an amendment to a planning scheme to incorporate an infrastructure contributions plan prepared in accordance with Part 3AB of the Act if—

              (i)     an amendment to the planning scheme has been approved to incorporate a precinct structure plan or strategic plan to which the infrastructure contributions plan relates; and

              (ii)     the infrastructure contributions to be imposed by the infrastructure contributions plan relate to land to which the precinct structure plan or strategic plan applies and do not contain a monetary component that includes a supplementary levy within the meaning of Part 3AB of the Act; and

Reg. 8(1)(q) amended by S.R. No. 148/2016 reg. 4(2).

        (q)     any combination of the classes of amendment referred to in paragraphs (a) to (pa).

    (2)     For the purposes of section 20A(4)(b) of the Act, the exempted classes of amendment are—

        (a)     an amendment to the Victoria Planning Provisions; and

        (b)     an amendment to a planning scheme that—

              (i)     is a class of amendment prescribed in subregulation (1); and

              (ii)     is made as a result of an amendment to the Victoria Planning Provisions prepared under section 20A of the Act.



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