Planning and Environment (Planning Schemes) Act 1996

to reform the structure of planning schemes;

to provide for the preparation of municipal strategic statements;

to provide for the making of Victoria Planning Provisions;

to provide a co-ordinated procedure for the issue of planning permits with the approval of related amendments to planning schemes.

any planning scheme existing immediately before that commencement; and

any amendment to a planning scheme of which notice was given under section 19 of the Principal Act but which had not been approved before that commencement; and

any amendment to a planning scheme referred to in paragraph (a) prepared on or after that commencement.

As soon as practicable after the commencement of this Act, each municipal council must prepare a planning scheme for its municipal district and for any area adjoining its municipal district for which it is a planning authority.

Subject to this Part, the Principal Act as amended by this Act and the regulations under the Principal Act apply to the preparation of a planning scheme under this section as if it were an amendment to a planning scheme and the municipal council were the planning authority.

Sections 96A to 96D do not apply in respect of a planning scheme prepared under this section.

This section does not apply to any part of a municipal district that is within the Port of Melbourne Area.

The municipal council must prepare a municipal strategic statement for inclusion in the planning scheme prepared under section 18 on or before the date specified by the Minister in respect of that planning scheme.

If a municipal council has not prepared a municipal strategic statement for inclusion in a planning scheme on or before the date specified by the Minister under subsection (1), the Minister may prepare a municipal strategic statement for inclusion in that planning scheme.

Section 12A of the Principal Act as amended by this Act applies to the preparation of a municipal strategic statement under this section.

The municipal council must submit a planning scheme prepared under section 18 to the Minister for approval under section 31 of the Principal Act on or before the date specified by the Minister in respect of that planning scheme.

If the municipal council does not submit a planning scheme by the date specified by the Minister, the Minister may prepare and approve a planning scheme for that municipal district.

The Principal Act (except sections 12(1)(a) and (e), 12(2), 12(3), Divisions 1 and 2 of Part 3 and section 39 and any regulations made for the purpose of those provisions) applies to the preparation and approval of a planning scheme by the Minister under subsection (2).

A planning scheme approved under this section is deemed to be approved under the Principal Act.

The municipal council must pay to the Crown the costs determined by the Governor in Council to be incurred by the Minister in preparing a planning scheme under this section for the council's municipal district.

The Minister may prepare and approve a planning scheme under this Part for any part of Victoria outside a municipal district.

The Minister may prepare and approve a planning scheme under this Part for the Port of Melbourne Area.

Subject to this Part, the Principal Act as amended by this Act and the regulations under the Principal Act apply to the preparation of a planning scheme under this section as if it were an amendment to a planning scheme and the Minister were the planning authority.

Sections 96A to 96D do not apply in respect of a planning scheme prepared under this section.

A planning scheme prepared under this Part and approved or purporting to have been approved is deemed to have been duly approved in accordance with all of the requirements of this Part and the Principal Act and to be valid and effective in all respects.

A planning scheme referred to in subsection (1) must not be called into question in any proceeding in any court or tribunal or in any proceeding by way of review under the Principal Act or this Part.

Nothing in this section applies to an amendment to a planning scheme referred to in subsection (1).

If—

a municipal council prepares a planning scheme under this Part for an area; and

the municipal council determines under section 96G(1)(c) of the Principal Act to recommend to the Minister that a permit be granted under Division 5 of Part 4 of the Principal Act—

The notice must be accompanied by a copy of the proposed permit.

The Principal Act applies in relation to a planning scheme prepared under this Part as if—

in section 96E(1)(a) the words "as amended by the proposed amendment" were omitted; and

for section 96G(1)(c) there were substituted—

Section 96I of the Principal Act applies in relation to a planning scheme prepared under this Part as if that section permitted the Minister—

to grant a permit subject to any conditions the Minister thinks fit, if the Minister considers that it is appropriate that a permit be granted under that section for any purpose for which the planning scheme would require the permit to be obtained; and

to grant any permit under that section within 3 months after the date of approval of the planning scheme.

If, in relation to a planning scheme prepared under this Part, the Minister grants a permit under section 96I of the Principal Act for the use of land or the development and use of land for an extractive industry, the permit may specify that the permit expires if the use is discontinued for a period (being not less than 2 years) specified in the permit.

If a permit specifies a period for expiry in accordance with subsection (5)—

the permit expires if the use is discontinued for the period specified in the permit; and

sections 68(2)(b) and 68(3)(d) of the Principal Act do not apply to that permit.

On the commencement of a new planning scheme prepared under this Part in respect of an area, any planning scheme in force in that area immediately before that commencement is revoked.

All acts matters or things of a continuing nature made, done or commenced under or in relation to a revoked scheme that could have been made, done or commenced under or in relation to the new planning scheme are to be taken, so far as relates to any period after the commencement of the new planning scheme, to have been made, done or commenced in relation to the new planning scheme.

On and from the commencement of the new planning scheme—

all proceedings commenced by or against a responsible authority under or in relation to the revoked scheme may be continued by or against the responsible authority for the new planning scheme; and

any arrangement, contract or agreement entered into by or on behalf of a responsible authority in relation to the revoked scheme that could be entered into under the Principal Act in relation to the new planning scheme may be enforced by or against the responsible authority for the new planning scheme; and

all rights and liabilities existing under or in relation to the revoked scheme immediately before the commencement of the new planning scheme continue under or in relation to the new planning scheme, to the extent that the new planning scheme has provisions to the like effect as provisions of the revoked scheme, and may be enforced by or against—

the Minister, if they were rights and liabilities of or enforceable against the Minister immediately before that commencement; or

the responsible authority for the new planning scheme, if they were rights and liabilities of or enforceable against the responsible authority under or in relation to the revoked scheme immediately before that commencement.