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Bill homepage (legislation.vic.gov.au)The main purposes of this Act are—
to establish the Victorian Planning Authority; and
to amend the Planning and Environment Act 1987 to abolish the Growth Areas Authority; and
to make consequential and other amendments to other Acts.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation before 1 December 2017, it comes into operation on that day.
In this Act—
S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 110.
approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
Authority means the Victorian Planning Authority established under section 4;
board means the board of directors of the Authority;
chief executive officer means the chief executive officer of the Authority appointed under section 21;
committee means a committee established by the board under section 38;
consultant means a lawyer, an engineer, an architect, a town planner, an urban designer or other professional adviser engaged by the Authority to assist with the carrying out of its objects, functions, powers and duties;
S. 3(1) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 110).
Council has the same meaning as in the Local Government Act 2020;
S. 3(1) def. of declared area inserted by No. 17/2018 s. 28.
declared area has the same meaning as in the Planning and Environment Act 1987;
Department has the same meaning as in the Public Administration Act 2004;
designated area means an area of land designated under section 37;
domestic partner, of a person, means—
a person who is in a registered relationship with the person; or
a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 110.
Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 110.
Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
S. 3(1) def. of Great Ocean Road region inserted by No. 19/2020 s. 110.
Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 110.
Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
interface body has the same meaning as in the Transport Integration Act 2010;
objectives of planning in Victoria means the objectives of planning in Victoria set out in section 4(1) of the Planning and Environment Act 1987;
planning authority means a planning authority under the Planning and Environment Act 1987;
public sector body has the same meaning as in the Public Administration Act 2004;
public service body has the same meaning as in the Public Administration Act 2004;
public statutory authority means a body established by or under an Act for a public purpose;
referral authority has the same meaning as in the Planning and Environment Act 1987;
relevant person means—
a director of the Authority; or
the chief executive officer; or
a member of a committee; or
an employee of the Authority; or
a seconded staff member; or
a consultant;
responsible authority means a responsible authority under the Planning and Environment Act 1987;
seconded staff member means a member of staff of a public sector body who provides services to the Authority under an agreement or arrangement referred to in section 23(2);
S. 3(1) def. of Statement of Planning Policy inserted by No. 17/2018 s. 28.
Statement of Planning Policy has the same meaning as in the Planning and Environment Act 1987;
S. 3(1) def. of superseded Authority amended by No. 49/2017 s. 91(1).
superseded Authority means the Growth Areas Authority established by section 46AQ of the Planning and Environment Act 1987 as in force from time to time before the day on which section 56 came into operation;
S. 3(1) def. of Yarra protection principles inserted by No. 49/2017 s. 91(2).
Yarra protection principles has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;
S. 3(1) def. of Yarra River land inserted by No. 49/2017 s. 91(2).
Yarra River land has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;
S. 3(1) def. of Yarra Strategic Plan inserted by No. 49/2017 s. 91(2).
Yarra Strategic Plan has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;
S. 3(1) def. of Yarra Strategic Plan area inserted by No. 49/2017 s. 91(2).
Yarra Strategic Plan area has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017.
For the purposes of the definition of domestic partner in subsection (1)—
registered relationship has the same meaning as in the Relationships Act 2008; and
in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
The Victorian Planning Authority is established.
The Authority—
is a body corporate with perpetual succession; and
has an official seal; and
may sue and be sued; and
may acquire, hold and dispose of personal property; and
may take land on lease and grant sub-leases of leased land; and
may do and suffer all acts and things that a body corporate may by law do and suffer.
The official seal of the Authority must—
be kept in such custody as the Authority directs; and
not be used except as authorised by the Authority.
All courts must take judicial notice of the official seal of the Authority affixed to any document and, until the contrary is proved, presume that it was duly affixed.
In performing its functions and exercising its powers, the Authority represents the Crown.
The primary object of the Authority is to provide advice and assistance that is in accordance with the objectives of planning in Victoria.
Without limiting subsection (1), the primary object includes collaborating with government agencies (including public sector bodies) and Councils—
to promote the objectives of planning in Victoria; and
to support productivity, liveability, housing affordability and environmental quality for Victorian communities; and
for facilitation of timely and coordinated delivery of infrastructure and services; and
to promote the alignment of decisions made by government about infrastructure with land use planning; and
to promote the supply of housing; and
to encourage land development that is sustainable and that takes into account natural and other hazards.
For the purposes of achieving its objects, the Authority has the following functions—
to provide the Minister with advice and assistance in relation to planning the use, development and protection of land in Victoria;
subject to subsection (3), to provide Councils and public sector bodies with advice and assistance in relation to planning the use, development and protection of land in Victoria;
to perform any other functions conferred on it under this Act, the Planning and Environment Act 1987 or any other enactment.
The Authority also has the following functions in relation to designated areas for the purposes of achieving its objects—
to undertake integrated land use and infrastructure planning in those areas;
to coordinate State Government action in relation to planning the use, development and protection of land in those areas.
The Authority must not give advice or provide assistance under subsection (1)(b) unless the Minister, or a person authorised by the Minister, has approved the giving of advice or the provision of assistance in a specified case or class of cases.
Note
The Authority is also an interface body within the meaning of the Transport Integration Act 2010.
The Authority has power to do all things that are necessary or convenient to be done for or in connection with the achievement of its objects and the performance of its functions.
Without limiting subsection (1), the Authority may—
enter into any agreements, contracts or arrangements in connection with its objects, functions or powers; and
exercise the powers conferred on the Authority by this Act or any other enactment.
Notes
The Authority must perform its functions and exercise its powers under this Act in accordance with—
the objectives of planning in Victoria; and
any economic and social objectives established from time to time by the State Government.
In performing its functions and exercising its powers, the Authority must—
engage, consult and collaborate with other planning entities, including Councils, in relation to their functions as planning authorities and responsible authorities; and
have regard to the whole of the functions conferred on Councils, planning authorities and responsible authorities by the Planning and Environment Act 1987; and
have regard to the functions of public sector bodies, including public sector bodies that have responsibility for the planning and delivery of infrastructure and related services; and
Example
The Authority, in performing its functions and exercising its powers, must have regard to the functions of agencies under the Transport Integration Act 2010.
seek to achieve State Government policy objectives through coordination between all levels of government, government agencies (including public sector bodies) and with the private sector.
The Authority must have regard to its current annual business plan under section 44 in performing its functions.
The Authority is subject to the general direction and control of the Minister.
Note
The Minister may give written directions to the Authority under section 36 regarding the performance of its functions or the exercise of its powers.
S. 10A inserted by No. 49/2017 s. 92.
The Authority—
must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Authority 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 Authority, 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. 10A(2) substituted by No. 43/2021 s. 219(Sch. 1 item 13.1).
Subsection (1) does not apply to the performance of a function or the exercise of a power by the Authority 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. 10B inserted by No. 17/2018 s. 29.
The Authority, 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 Authority; and
must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Authority; and
must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.
S. 10B(2) substituted by No. 43/2021 s. 219(Sch. 1 item 13.2).
Subsection (1) does not apply to the performance of a function or the exercise of a power by the Authority 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. 10C inserted by No. 19/2020 s. 111.
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