Victorian Numbered Acts Victorian Numbered Acts(1) In section 98(1) of the Planning and Environment Act 1987 —
(a) in paragraph (a), before "the land" insert "subject to subsection (1A),";
(b) in paragraph (b), before "the land" insert "subject to subsection (1B),".
(2) After section 98(1) of the Planning and Environment Act 1987 insert —
'(1A) Subsection (1)(a) only applies if the provision of the planning scheme that has been applied to and reserves the land expressly states as a purpose "to reserve land for a public purpose".
(1B) Subsection (1)(b) only applies if the provision of the planning scheme that is to be applied to and reserve the land (as a result of the proposed amendment) expressly states as a purpose "to reserve land for a public purpose".'.
(3) In section 98(2) of the Planning and Environment Act 1987 , for "The owner" substitute "Subject to subsection (2A), the owner".
(4) After section 98(2) of the Planning and Environment Act 1987 insert —
"(2A) Subsection (2) does not apply if the planning scheme prohibits or otherwise prevents the type of use or development that has been applied for in the permit application.".
(5) In section 98(3)(b) of the Planning and Environment Act 1987 , for "payable; or" substitute "payable.".
(6) Section 98(3)(c) and (d) of the Planning and Environment Act 1987 are repealed .
(7) For section 98(5) of the Planning and Environment Act 1987 substitute —
"(5) In subsection (1)—
"planning authority" means—
(a) in relation to a claim under subsection (1)(a), the planning authority that prepared the planning scheme or amendment that reserved the land for a public purpose; or
(b) in relation to a claim under subsection (1)(b), the planning authority that prepared the proposed amendment to the planning scheme that shows the land as being reserved for a public purpose; or
(c) in relation to a claim under subsection (1)(c), the Minister, public authority or municipal council specified in the declaration as responsible for the proposal; or
(d) in relation to a claim under subsection (1)(d), the planning authority that prepared the planning scheme or amendment that restricted access to the land by the closure of a road.".