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BUILDING AND PLANNING LEGISLATION AMENDMENT ACT 2023 (NO. 1 OF 2023) - SECT 36

New Division 2 inserted in Part 3AA

After Division 1 of Part 3AA of the Planning and Environment Act 1987 insert

" Division 2—Green wedge management plans

        46AD     Objects of Division

The objects of this Division are—

        (a)     to recognise the importance of green wedge land; and

        (b)     to protect, enhance and promote non‑urban values and non‑urban uses of green wedge land, and to give primacy to those values and uses; and

        (c)     to enable strategic planning for and management of green wedge land; and

        (d)     to provide for the beneficial use of green wedge land that contributes to the sustainability, prosperity, health and wellbeing of Victorians; and

        (e)     to support primary production on green wedge land and to enable its growth by preventing incompatible uses and development; and

        (f)     to manage threats of land use change that would detract from non‑urban values and non‑urban uses of green wedge land; and

        (g)     to recognise the connection and stewardship of traditional owners in relation to land that is green wedge land.

        46AE     Preparation of green wedge management plans

    (1)     A municipal council referred to in section 46AA must prepare a plan to manage green wedge land within its municipal district.

    (2)     A municipal council must prepare a green wedge management plan in accordance with any directions issued by the Minister under section 46AEA.

    (3)     On completing a green wedge management plan, the municipal council must give the Minister a copy of the plan.

        46AEA     Ministerial directions in relation to green wedge management plans

The Minister may issue directions in relation to the preparation and content of green wedge management plans.

        46AEB     Minister may require councils to prepare revised green wedge management plans

The Minister may require a municipal council referred to in section 46AA to prepare a revised green wedge management plan if 10 years have elapsed since the council gave the Minister a copy of its green wedge management plan under section 46AE(3).

        46AEC     Minister may exempt councils from requirement to prepare green wedge management plan

The Minister, by notice published in the Government Gazette, may declare that a municipal council referred to in section 46AA is exempt from section 46AE(1).".

Division 2—Amendments in relation to distinctive areas and landscapes



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