s 1Purpose
The purpose of this Act is to establish a framework for planning the use, development and protection of land in Victoria in the present and long-term interests of all Victorians.
The purpose of this Act is to establish a framework for planning the use, development and protection of land in Victoria in the present and long-term interests of all Victorians.
Part 1 and section 204 come into operation on the day on which this Act receives the Royal Assent.
The rest of this Act comes into operation on a day or days to be proclaimed.
For the purposes of this Act, affordable housing is housing, including social housing, that is appropriate for the housing needs of any of the following—
very low income households;
low income households;
moderate income households.
For the purposes of determining what is appropriate for the housing needs of very low income households, low income households and moderate income households, regard must be had to the matters specified by the Minister by notice published in the Government Gazette.
Matters specified by the Minister by notice under subsection (2) cannot include price ranges or prices for the purchase or rent of housing.
In this section—
S. 3AA(4) def. of low income households amended by No. 7/2018 s. 23.
low income households means households with a household income within the income range specified as a low income range by Order under section 3AB;
moderate income households means households with a household income within the income range specified as a moderate income range by Order under section 3AB;
social housing has the same meaning as in section 4(1) of the Housing Act 1983;
very low income households means households with a household income within the income range specified as a very low income range by Order under section 3AB.
S. 3AB inserted by No. 47/2017 s. 4.
The Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, may specify—
a range of household income as a very low income range; and
a range of household income as a low income range; and
a range of household income as a moderate income range.
An Order under this section may specify a range of household income as a very low income range, a low income range or a moderate income range by reference to statistical data published by the Australian Bureau of Statistics.
S. 3A inserted by No. 6/2010 s. 25(5)(Sch. 2 item 10.1) (as amended by No. 45/2010 s. 6).
This Act is interface legislation within the meaning of the Transport Integration Act 2010.
The objectives of planning in Victoria are—
to provide for the fair, orderly, economic and sustainable use, and development of land;
to provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity;
to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria;
to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value;
to protect public utilities and other assets and enable the orderly provision and co‑ordination of public utilities and other facilities for the benefit of the community;
to facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e);
S. 4(1)(fa) inserted by No. 47/2017 s. 5.
to facilitate the provision of affordable housing in Victoria;
to balance the present and future interests of all Victorians.
The objectives of the planning framework established by this Act are—
to ensure sound, strategic planning and co‑ordinated action at State, regional and municipal levels;
to establish a system of planning schemes based on municipal districts to be the principal way of setting out objectives, policies and controls for the use, development and protection of land;
to enable land use and development planning and policy to be easily integrated with environmental, social, economic, conservation and resource management policies at State, regional and municipal levels;
to ensure that the effects on the environment are considered and provide for explicit consideration of social and economic effects when decisions are made about the use and development of land;
S. 4(2)(da) inserted by No. 9/2024 s. 16.
to provide for explicit consideration of the policies and obligations of the State relating to climate change, including but not limited to greenhouse gas emissions reduction targets and the need to increase resilience to climate change, when decisions are made about the use and development of land;
to facilitate development which achieves the objectives of planning in Victoria and planning objectives set up in planning schemes;
to provide for a single authority to issue permits for land use or development and related matters, and to co-ordinate the issue of permits with related approvals;
to encourage the achievement of planning objectives through positive actions by responsible authorities and planning authorities;
to establish a clear procedure for amending planning schemes, with appropriate public participation in decision making;
to ensure that those affected by proposals for the use, development or protection of land or changes in planning policy or requirements receive appropriate notice;
to provide an accessible process for just and timely review of decisions without unnecessary formality;
to provide for effective enforcement procedures to achieve compliance with planning schemes, permits and agreements;
to provide for compensation when land is set aside for public purposes and in other circumstances.
S. 4AA inserted by No. 49/2017 s. 62.
The Department Head of the Department—
must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Department Head when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and
must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the Department Head, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.
S. 4AA(2) substituted by No. 43/2021 s. 117.
Subsection (1) does not apply to the performance of a function or the exercise of a power by the Department Head of the Department in relation to—
a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or
a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.
S. 4AB inserted by No. 17/2018 s. 5.
The Department Head of the Department, when performing a function or duty or exercising a power under this Act in relation to a declared area—
must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Department Head; and
must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Department Head; and
must have regard to the principles set out in section 46AZL.
S. 4AB(2) substituted by No. 43/2021 s. 118.
Subsection (1) does not apply to the performance of a function or the exercise of a power by the Department Head of the Department in relation to—
a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or
a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.
S. 4AC inserted by No. 19/2020 s. 75.
The Department Head of the Department, when performing a function or duty or exercising a power under this Act—
must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Department Head in relation to the Great Ocean Road scenic landscapes area; and
must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and
must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Department Head in relation to the Great Ocean Road region.
Subsection (1) does not apply to the performance of a function or the exercise of a power by the Department Head of the Department in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.
Pt 1A (Heading and ss 4A–4J) inserted by No. 77/1996 s. 5.
Part 1A—Victoria Planning Provisions[2]
S. 4A inserted by No. 77/1996 s. 5.
(1) To assist in providing a consistent and co-ordinated framework for planning schemes in Victoria, the Minister may prepare and approve standard planning provisions to be called the Victoria Planning Provisions.
The Victoria Planning Provisions may contain any matter which may be included in a planning scheme under section 6.
The Minister must publish notice of the approval of the Victoria Planning Provisions in the Government Gazette.
S. 4B inserted by No. 77/1996 s. 5.
The Minister may at any time prepare an amendment to the Victoria Planning Provisions.
The Minister may authorise any other Minister or any public authority or municipal council to prepare an amendment to the Victoria Planning Provisions.
Subject to subsection (4), sections 17 to 34 and Part 8 apply to the preparation of an amendment to the Victoria Planning Provisions as if—
the amendment were an amendment to a planning scheme prepared under Part 3; and
the Minister or the authorised body or person were the planning authority.
Sections 21(3), 22(3), 23(3) and 25(3) do not apply to the preparation of an amendment to the Victoria Planning Provisions.
S. 4C inserted by No. 77/1996 s. 5.
The Minister may—
approve an amendment or part of an amendment to the Victoria Planning Provisions prepared by the Minister or submitted to the Minister under section 4B—
with or without changes; and
subject to any conditions the Minister wishes to impose; or
refuse to approve the amendment or part of the amendment.
If the Minister approves only part of an amendment to the Victoria Planning Provisions that part becomes a separate amendment.
The Minister may approve further parts of an amendment to the Victoria Planning Provisions at any time.
S. 4D inserted by No. 77/1996 s. 5, substituted by No. 12/2021 s. 14.
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