Victorian Numbered Acts

PLANNING AND ENVIRONMENT AMENDMENT ACT 2021 (NO. 12 OF 2021) - SECT 45

After Division 6 of Part 9 of the Planning and Environment Act 1987 insert —

" Division 6A—Publication and inspection of documents and register requirements

        197A     Public availability requirements

    (1)     For the purposes of this Act, a person or body makes a document available in accordance with the public availability requirements if the person or body makes the document available—

        (a)     in person in accordance with the requirements set out in section 197B; or

        (b)     both—

              (i)     electronically in accordance with the requirements set out in section 197C; and

              (ii)     on request, in accordance with the requirements set out in section 197D.

    (2)     For the purposes of this Act, a responsible authority or referral authority makes a register available in accordance with the public availability requirements if the authority makes the register available—

        (a)     in person in accordance with the requirements set out in section 197B; or

        (b)     both—

              (i)     electronically in accordance with the requirements set out in section 197E; and

              (ii)     on request, in accordance with the requirements set out in section 197D.

        197B     In person inspection requirements

    (1)     The requirements for making a document or register available in person are that a person (other than the Minister) or body makes the document or register available for inspection—

        (a)     at the person's or body's office; and

        (b)     at any time during the person's or body's office hours.

    (2)     For the Minister, the requirements for making a document or register available in person are that the Minister makes a document or register available for inspection—

        (a)     at any office of the Department that the Minister specifies; and

        (b)     at any time during the office hours of that specified office.

    (3)     A document or register made available in accordance with the requirements set out in this section must be made available free of charge unless otherwise provided by this Act.

        197C     Electronic publication requirements

    (1)     For the Minister, the requirements for making a document available electronically are that the Minister publishes and makes the document available, free of charge—

        (a)     if the Minister has published a notice specifying an address of an Internet site at which a copy of the document is published, at that address; or

        (b)     in any other case, on the Department's Internet site.

    (2)     For any other person or body, the requirements for making a document available electronically are—

        (a)     that the person or body publishes and makes a document available, free of charge, on an Internet site maintained by or for the person or body; or

        (b)     if the Minister publishes and makes a document available electronically, that the person or body publishes, on an Internet site maintained by or for the person or body, the address of the Internet site at which a copy of the document is published and made available by the Minister.

        197D     On request inspection requirements

    (1)     The requirements for making a document or register available on request are that a person (other than the Minister) or body makes the document or register available for inspection—

        (a)     on the request of any person who wants to inspect the document or register; and

        (b)     at the person's or body's office; and

        (c)     at a time that is—

              (i)     agreed with the person who requests to inspect the document or register; and

              (ii)     during the person's or body's office hours; and

        (d)     free of charge.

    (2)     For the Minister, the requirements for making a document or register available on request are that the Minister makes the document or register available for inspection—

        (a)     on the request of any person who wants to inspect the document or register; and

        (b)     at any office of the Department that the Minister specifies; and

        (c)     at a time that is—

              (i)     agreed with the person who requests to inspect the document or register; and

              (ii)     during the office hours of the specified office; and

        (d)     free of charge.

        197E     Electronic register requirements

The requirements for making a register available electronically are that a responsible authority or referral authority makes—

        (a)     the register searchable, free of charge, on an Internet site maintained by or for the authority; and

        (b)     any information on the register available, free of charge, on an Internet site maintained by or for the authority.

        197F     Electronic disclosure of certain personal information in permits and other documents

    (1)     The Minister, a responsible authority or planning authority that makes any of the following available electronically in accordance with the requirements set out in section 197C must not disclose personal information about an individual, other than the information specified in subsection (2), without the individual's consent—

        (a)     a copy of a submission referred to in section 21(2);

        (b)     a copy of an application and the information referred to in section 51;

        (c)     a copy of an objection referred to in section 57(5);

        (d)     a copy of a permit referred to in section 70;

        (e)     a copy of a proposed permit referred to in section 96C(8A);

        (f)     a copy of a permit referred to in section 97G(6);

        (g)     a copy of an agreement referred to in section 179(2).

    (2)     For the purposes of subsection (1), the following information is specified—

        (a)     for a copy of a submission referred to in section 21(2), the address of land to which the proposed amendment to a planning scheme relates;

        (b)     for an application and the information referred to in section 51, the address of land to which the application applies;

        (c)     for a copy of an objection referred to in section 57(5), the address of land to which the application being objected to applies;

        (d)     for a copy of a permit referred to in section 70 or 97G(6), the address of land to which the permit applies;

        (e)     for a copy of a proposed permit referred to in section 96C(8A), the address of land to which the permit would apply if it were granted under section 96I;

        (f)     for a copy of an agreement referred to in section 179(2), the address of the land to which the agreement relates.

        197G     Electronic disclosure of certain personal information on registers

A responsible authority or referral authority that makes a register available electronically under section 49 or 56A in accordance with the requirements set out in section 197E, must not disclose personal information about an individual, other than the address of land to which an application for a permit applies, without the individual's consent.

        197H     Exception to compliance with certain inspection requirements when an emergency declaration is in force

    (1)     A person or body is not required to make a document available in person under section 4H(2), 41(2), 46E(4), 46V(4) or 46ZF(4) in accordance with the requirements set out in section 197B if, at the time a request to inspect the document is made—

        (a)     there is an emergency declaration in force; and

        (b)     it is not reasonably practicable for the person or body to do so because of a fact or circumstance arising out of the emergency or serious risk to public health in respect of which the declaration has been made.

    (2)     A person or body is not required to make a document or register available on request in accordance with the requirements set out in section 197D if, at the time a request to inspect a document or register is made—

        (a)     there is an emergency declaration in force; and

        (b)     it is not reasonably practicable for the person or body to do so because of a fact or circumstance arising out of the emergency or serious risk to public health in respect of which the declaration has been made.

    (3)     In this section—

"emergency declaration" means—

        (a)     a declaration of a state of disaster under section 23 of the Emergency Management Act 1986 ; or

        (b)     a declaration of a state of emergency under section 198 of the Public Health and Wellbeing Act 2008 .".

Division 2—Amendments in relation to panel hearings