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Planning and Environment Amendment
(VicSmart Planning Assessment) Bill
2012
Introduction Print
EXPLANATORY MEMORANDUM
General
The Planning and Environment Amendment (VicSmart Planning
Assessment) Bill 2012 amends the Planning and Environment Act 1987
to introduce a new assessment process for specified planning permit
applications.
The new assessment process will reduce the time taken to consider and
decide straightforward, low impact permit applications.
The Bill will enable the new assessment process to be set up in planning
schemes. Planning schemes will set out the operational aspects of the new
process, not the Act.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the main purpose of the Bill which is to amend the
Planning and Environment Act 1987 to introduce a new
assessment process for specified permit applications.
Clause 2 provides for the Act to come into operation on a day or days to
be proclaimed. If a provision of the Act does not come into
operation before 20 May 2013, it comes into operation on that
day.
571299 1 BILL LC INTRODUCTION 6/6/2012
PART 2--VICSMART PLANNING ASSESSMENT PROCESS
FOR PERMITS
Clause 3 amends section 6(2) of the Planning and Environment Act
1987 to enable a planning scheme to set out different procedures
for particular classes of permit applications.
New paragraph (hb) enables a planning scheme to set out
different procedures for particular classes of applications for
permits. This will enable a different procedure to be set out for
specified permit applications in planning schemes.
New paragraphs (kca), (kcb) and (kda) enable a planning scheme
to set out--
· classes of permit applications that are exempted from
the further information requirements of section 54 of the
Planning and Environment Act 1987;
· classes of permit applications that are exempted wholly
or in part from the matters to be considered by the
responsible authority in section 60(1)(b) to (e) and (1A)
of that Act; and
· classes of applications for review that are exempted
wholly or in part from the matters to be considered by
the Victorian Civil and Administrative Tribunal
(VCAT) in section 84B(2)(b) to (ja) of that Act.
Clause 4 substitutes section 13 of the Planning and Environment Act
1987 to clarify that a person or body can be the responsible
authority for the administration and enforcement of a planning
scheme, or a provision of a planning scheme, or an area of land
covered by the planning scheme, or a type of use or development
in the planning scheme, or in relation to a class or classes or
application. The clause also provides for the person who is the
responsible authority. The person is the same person as specified
in existing section 13.
Clause 5 inserts a new section 49(3) into the Planning and Environment
Act 1987 to provide that the register kept by the municipal
council under section 49 must also include applications for
permits for which an officer of that council is the responsible
authority. This will avoid the need for a municipal council to
keep two separate planning registers.
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Clause 6 inserts a new section 54(3) into the Planning and Environment
Act 1987 to provide that the responsible authority cannot make a
formal request for further information under section 54 of that
Act where the application is for a permit that is of a class
exempted by the planning scheme from the requirements of
section 54. Nothing in this section prevents the responsible
authority from making informal requests for information, but
there will be no impact on prescribed timelines.
Clause 7 inserts a new section 60(3A) into the Planning and
Environment Act 1987 to provide that if an application for a
permit is of a class that is exempted by a planning scheme wholly
or in part from the requirements of subsections (1)(b) to (e)
and (1A), the responsible authority is not required to consider the
exempted matters before deciding the application.
Clause 8 inserts a new section 61A into the Planning and Environment
Act 1987. This section is included to provide a process in the
case of conflicts of interest where the Chief Executive Officer or
other officer of the municipal council is the responsible authority
for specified applications in the new assessment process.
Subsection (1) provides that new section 61A applies if a council
officer has a power, duty or function as a responsible authority.
Subsection (2) provides that section 80B of the Local
Government Act 1989 applies to the council officer as if he or
she were a member of Council staff who has been delegated a
power, duty or function by the council.
Subsection (3) provides that the council officer must delegate the
power, duty or function to another council officer if, under
section 80B of the Local Government Act 1989, the council
officer is prohibited from exercising that power or discharging
that duty or function because he or she has a conflict of interest.
Subsection (4) provides that any permit issued by the council
officer is taken to be a permit issued by the municipal council as
the responsible authority, except for the purposes of a review
under section 80 of the Planning and Environment Act 1987.
Subsection (5) provides that a "council officer" means a Chief
Executive Officer and a member of Council staff, as defined in
section 3(1) of the Local Government Act 1989.
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Clause 9 inserts a new section 84B(3) into the Planning and
Environment Act 1987 to provide that if an application for
review is of a class that is exempted by a planning scheme
wholly or in part from the requirements of section 84B(2)(b)
to (ja) of that Act, VCAT is not required to take into account
or have regard to the exempted matters in determining the
application.
Clause 10 inserts a new section 201A(ba) into the Planning and
Environment Act 1987 to provide for the possibility that the
responsible authority for a permit application may change
because of an amendment to that application during the course
of the permit process.
PART 3--REPEAL OF AMENDING ACT
Clause 11 provides for the automatic repeal of this amending Act on
20 May 2014. The repeal of this Act does not affect the
continuing operation of the amendments made by it
(see section 15(1) of the Interpretation of Legislation Act
1984).
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