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The objective of these Regulations is to prescribe—
the manner and form of giving notice required to be given by the Planning and Environment Act 1987; and
methods of serving notices or other documents under the Act; and
times for applications to the Victorian Civil and Administrative Tribunal under the Act; and
times for doing anything required to be done by the Act; and
forms for the purposes of the Act; and
information to be included in any applications, notices, permits and requests required to be given by the Act; and
the manner of keeping the register required to be kept by the Act; and
information that is to be made available by responsible authorities to the public and the Minister; and
that a responsible authority may require information it is given to be verified by statutory declaration or other means; and
information which must be set out in a planning certificate; and
other matters required by the Act to be prescribed.
These Regulations are made under section 202 of the Planning and Environment Act 1987.
These Regulations come into operation on 9 May 2026.
The following Regulations are revoked—
the Planning and Environment Regulations 2015[1];
the Planning and Environment Amendment (Prescribed Class of Amendment) Regulations 2016[2];
the Planning and Environment Amendment (Objectors Review Timing) Regulations 2018[3];
the Planning and Environment Amendment (Prescribed Class of Amendment) Regulations 2018[4];
the Planning and Environment Amendment (Review Timing) Regulations 2020[5];
the Planning and Environment Amendment Regulations 2022[6];
the Planning and Environment Amendment Regulations 2024[7];
the Planning and Environment Amendment Regulations 2026[8].
In these Regulations—
the Act means the Planning and Environment Act 1987;
VicSmart application means an application for a permit to which the VicSmart planning assessment process applies in accordance with any applicable planning scheme.
For the purposes of section 19(1)(c) of the Act, the following are prescribed—
if the amendment will affect land that is within the municipal district of a municipal council that is not the planning authority for the amendment, that municipal council;
if the amendment will amend the planning scheme to designate a Minister, public authority or municipal council as an acquiring authority, that Minister, public authority or municipal council;
the Minister administering the Conservation, Forests and Lands Act 1987;
the Minister administering the Catchment and Land Protection Act 1994;
the Minister administering the Mineral Resources (Sustainable Development) Act 1990;
the Minister administering the Pipelines Act 2005.
A notice of the preparation of an amendment to a planning scheme given under section 19 of the Act must—
state the name of the planning scheme proposed to be amended; and
state the planning scheme amendment number; and
include a description (which may be by map) to identify the land affected by the amendment; and
briefly describe the effect of the amendment; and
state the name of the planning authority; and
state that copies of the following documents may be inspected—
the amendment;
any documents that support the amendment;
the explanatory report in respect of the amendment; and
if the planning authority intends to make the documents referred to in paragraph (f) available in person in accordance with the requirements set out in section 197B of the Act—
state that those documents may be inspected at the office of the planning authority during office hours free of charge; and
state the address or addresses where those documents may be inspected; and
if the planning authority intends to make the documents referred to in paragraph (f) available electronically and on request in accordance with the requirements set out in sections 197C and 197D of the Act—
state that those documents may be inspected free of charge either—
on the planning authority's Internet site; or
on request at the office of the planning authority during office hours; and
state the address of the planning authority's Internet site; and
state the planning authority's contact details for making a request to inspect those documents; and
state that any person may make a submission to the planning authority about the amendment; and
state the closing date for submissions and the address of the planning authority to which submissions may be sent; and
state that the planning authority must make a copy of every submission available for any person to inspect free of charge until the end of 2 months after the amendment comes into operation or lapses; and
be signed on behalf of the planning authority.
For the purposes of section 20A(1) of the Act, the prescribed classes of amendment are—
an amendment to correct an obvious or technical error in the Victoria Planning Provisions or a planning scheme; and
an amendment to delete an expired clause in the Victoria Planning Provisions or a planning scheme; and
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
an amendment to remove a clause that duplicates another clause in the Victoria Planning Provisions or a planning scheme; and
an amendment to the Victoria Planning Provisions or a planning scheme to insert or update a heading; and
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
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
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
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
an amendment to delete a reference to a person or body to whom notice of an application for a permit must be given in the Victoria Planning Provisions or a planning scheme if that person or body requests the amendment; and
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 2017 if the heritage place is not on that Register; and
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
an amendment to a planning scheme to delete a Road Closure Overlay from land; and
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
an amendment to a planning scheme to delete an Environmental Audit Overlay from land if an environmental audit statement or report has been issued for that land in accordance with Part 8.3 of the Environment Protection Act 2017; and
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
an amendment to a planning scheme to incorporate an infrastructure contributions plan prepared in accordance with Part 3AB of the Act if—
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
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
any combination of the classes of amendment referred to in paragraphs (a) to (q).
For the purposes of section 20A(4)(b) of the Act, the exempted classes of amendment are—
an amendment to the Victoria Planning Provisions; and
an amendment to a planning scheme that—
is a class of amendment prescribed in subregulation (1); and
is made as a result of an amendment to the Victoria Planning Provisions prepared under section 20A of the Act.
For the purposes of section 31(1) of the Act, the following is the prescribed information—
the reasons for the amendment;
a list of the notices given under section 19(1) of the Act;
a summary of action taken under section 19(1B) (if applicable), 19(2), 19(2A), 19(3) and 19(7) of the Act;
copies of any submissions or reports received on the amendment;
the reasons why any recommendations of a panel appointed under Part 8 of the Act were not adopted;
a report on submissions not referred to a panel;
a description of and the reasons for any changes made to the amendment before adoption.
For the purposes of section 35(4)(a) of the Act, the prescribed reasons are—
the amendment may unreasonably prejudice the use or development of land owned, controlled or managed by the Minister administering the Conservation, Forests and Lands Act 1987; or
the amendment may unreasonably prejudice the most suitable use of land in the public interest, for which land there is a special area plan under the Catchment and Land Protection Act 1994; or
the amendment may unreasonably prejudice the operation of a Code of Practice approved under Part 5 of the Conservation, Forests and Lands Act 1987; or
the amendment may unreasonably prejudice the use or development of land for timber production; or
the amendment may unreasonably prejudice the prevention or suppression of fires on Crown land; or
the amendment may unreasonably prejudice exploration or the use and development of land for mining purposes under the Mineral Resources (Sustainable Development) Act 1990; or
the amendment may unreasonably prejudice the extraction of stone under the Mineral Resources (Sustainable Development) Act 1990; or
the amendment may unreasonably prejudice the use of a pipeline for which a licence has been granted or for which a licence application has been made under the Pipelines Act 2005.
For the purposes of section 38(1) of the Act, the prescribed form of a notice to be laid before Parliament is Form 1 of Schedule 1.
For the purposes of sections 4G(1) and 40(1) of the Act, the prescribed documents are the following—
an explanatory report relating to the approved amendment or part of the amendment;
any document applied, adopted or incorporated in the planning scheme or the Victoria Planning Provisions by the amendment;
any agreement under section 173 of the Act which will not come into operation fully unless the amendment comes into operation.