Victorian Numbered Acts

VICTORIAN PLANNING AUTHORITY ACT 2017 (NO. 11 OF 2017)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  

   PART 2--VICTORIAN PLANNING AUTHORITY

           Division 1--Establishment, functions and powers

   4.      Establishment  
   5.      Official seal  
   6.      Authority represents the Crown  
   7.      Objects  
   8.      Functions  
   9.      Powers  
   10.     Performance of functions and exercise of powers in accordance with planning and Government economic and social objectives  

           Division 2--Board of the Victorian Planning Authority

   11.     Board of directors  
   12.     Constitution of the board  
   13.     Appointment of directors  
   14.     Chairperson and deputy chairperson  
   15.     Acting appointments  
   16.     Vacancies, resignations, removal from office  
   17.     Validity of acts or decisions  
   18.     Proceedings of the board  
   19.     Resolutions without meetings  
   20.     Indemnity  

           Division 3--Chief executive officer and staff of the Authority

   21.     Appointment of chief executive officer  
   22.     Appointment of acting chief executive officer  
   23.     Employees and other staff  
   24.     Consultants and contractors  

           Division 4--Conflicts of interest

   25.     Definitions  
   26.     Meaning of general conflict of interest  
   27.     Meaning of specific conflict of interest  
   28.     Circumstances in which a person does not have a conflict of interest  
   29.     Board meetings  
   30.     Board resolutions without meetings  
   31.     Delegates and agents  
   32.     Advisors  

           Division 5--Miscellaneous

   33.     Power to request information or assistance  
   34.     Duty to consult  
   35.     Duty to establish systems and procedures to enable cooperation with Councils and other public sector bodies  
   36.     Minister may give directions to Authority  
   37.     Designated areas  
   38.     Committees  
   39.     Payment of certain members of committees  
   40.     Delegation by the Authority or chief executive officer  
   41.     Confidential information  
   42.     Chief executive officer may issue evidentiary certificates  
   43.     Authority must publish certain codes, policies or processes  
   44.     Annual business plan  
   45.     Authority must not depart significantly from budget without approval  

   PART 3--GENERAL

   46.     Regulations  

   PART 4--SAVINGS AND TRANSITIONAL PROVISIONS

   47.     Definitions  
   48.     Transfer of property etc. from superseded Authority to Victorian Planning Authority  
   49.     Superseded references  
   50.     Transfer of members  
   51.     Transfer of chief executive officer  
   52.     Transfer of staff and entitlements  
   53.     Report of operations and financial statements  
   54.     Annual business plan  

   PART 5--AMENDMENT OF THE PLANNING AND ENVIRONMENT ACT 1987

   55.     Definitions  
   56.     Repeal of Part 3AAB  
   57.     Infrastructure contributions plan  
   58.     Responsibilities of development agencies  
   59.     Development contributions plan  
   60.     Responsibilities of development agencies  
   61.     Powers of responsible authority  
   62.     Minister may delegate some powers  
   63.     Secretary may delegate powers to employees  
   64.     Planning authorities and responsible authorities may delegate powers  
   65.     New section 188A inserted  
   66.     Minister may delegate administration of planning schemes  
   67.     Definitions—Division 1 of Part 9B  
   68.     New section 201RAA inserted  
   69.     Excluded building work  
   70.     Taxation Administration Act 1997  
   71.     Amount of GAIC  
   72.     Copy of work-in-kind agreement must be given to Commissioner and Victorian Planning Authority  
   73.     Amendment of work-in-kind agreement  
   74.     Ending of work-in-kind agreement  
   75.     Person must notify the Victorian Planning Authority of performance of agreement  
   76.     Victorian Planning Authority must determine whether agreement has been performed  
   77.     Performance of a work-in-kind agreement taken to be payment of GAIC  
   78.     Person may elect to defer payment of GAIC  
   79.     Subsequent owner of land in respect of which approval granted liable to pay GAIC  
   80.     Minister must give person notice of staged payment approval  
   81.     Certificates issued under Subdivision 5 of Division 2 of Part 9B  
   82.     Commissioner may seek assistance for issuing certificates  
   83.     Exemption from paying GAIC for land dealings involving public authorities and councils  
   84.     Governor in Council may grant reduction or exemption of GAIC in exceptional circumstances  
   85.     Reduction of GAIC if agreement to provide State infrastructure or funds  
   86.     Notice of determination of application  
   87.     Board must give notice of determination  
   88.     Heading to Division 4 of Part 9B amended  
   89.     Victorian Planning Authority to keep record of contribution area  
   90.     Access to records and information relating to GAIC  
   91.     Victorian Planning Authority to inform Commissioner when precinct structure plan applies to contribution area land  
   92.     Victorian Planning Authority may request council to provide information about contribution area land  
   93.     Victorian Planning Authority to notify the Registrar of land subject to GAIC  
   94.     Application to remove recording on land relating to GAIC  
   95.     Registrar not to accept transfer unless accompanied by notice or application from Commissioner or Victorian Planning Authority  
   96.     Department and Victorian Planning Authority to report on GAIC and growth area funds  
   97.     New section 223 inserted  
   98.     Repeal of amending Part  

   PART 6--AMENDMENT OF OTHER ACTS

           Division 1--Amendment of the Subdivision Act 1988

   99.     When can the Registrar register a plan?  
   100.    New section 49 inserted  

           Division 2--Amendment of the Taxation Administration Act 1997

   101.    Permitted disclosures to particular persons or for particular purposes  
   102.    Objections concerning assessments of growth areas infrastructure contributions  

           Division 3--Amendment of the Transport Integration Act 2010

   103.    Definitions—Transport Integration Act 2010  
   104.    Repeal of amending Part  
           ENDNOTES