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Building and Planning Legislation Amendment Bill 2022

     Building and Planning Legislation Amendment
                       Act 2023
                              No.           of 2023


                       TABLE OF PROVISIONS
Clause                                                                     Page

Part 1--Preliminary                                                           1
 1       Purposes                                                            1
 2       Commencement                                                        2
Part 2--Amendment of the Building Act 1993                                    3
Division 1--Amendments to the Building Act 1993 relating to
automatic mutual recognition                                                 3
 3       Definitions                                                         3
 4       New section 170AB inserted                                          4
 5       Section 172 substituted                                             5
 6       The Register of Building Practitioners                              7
 7       Registered building practitioner or endorsed building engineer
         to produce certificate of registration for inspection                8
 8       Register of Building Employees                                       8
 9       Definitions applying to Part 12A                                     9
 10      Application for licensing or registration as a plumber               9
 11      Application for renewal of licence or registration as a plumber     10
 12      Licensed plumber to produce licence for inspection                  11
 13      Register of Plumbers                                                11
 14      Authorised person's identification                                  12
Division 2--Other amendments to the Building Act 1993                         12
 15      New section 175AB inserted                                          12
 16      Period of suspension                                                13
 17      New sections 187NA and 187NB inserted                               13
 18      Restricted licences                                                 14
 19      Suspension of licence if insurance ceases                           14
 20      New sections 221ZZZR and 221ZZZS inserted                           14
 21      New section 221ZZZTA inserted                                       15
Part 3--Amendment of other Acts                                               16
Division 1--Amendment of the Architects Act 1991 in relation to
automatic mutual recognition                                                 16
 22 Definitions                                                              16


                                        i
Clause                                                          Page

 23 New section 9A inserted                                       17
Division 2--Other amendments to the Architects Act 1991            17
 24      New section 11A inserted                                 17
 25      New section 13A inserted                                 18
 26      New section 14A inserted                                 18
 27      Proof of required insurance                              18
 28      The Register                                             19
 29      New sections 16A, 16B and 16C inserted                   19
 30      Section 17 substituted                                   21
 31      Regulations                                              21
Division 3--Amendment of the Surveying Act 2004 in relation to
automatic mutual recognition                                      22
 32 Definitions                                                   22
 33 Identity card                                                 23
 34 Power of entry for cadastral surveys                          23
Part 4--Amendment of the Planning and Environment Act 1987         24
Division 1--Green wedge management plans                           24
 35 Definition--green wedge management plan                        24
 36 New Division 2 inserted in Part 3AA                           24
Division 2--Amendments in relation to distinctive areas and
landscapes                                                        26
 37 Endorsement of Statement of Planning Policy                   26
 38 New section 46AXA inserted                                    27
Division 3--Transitional provisions                                28
 39 New section 228 inserted                                      28
Part 5--Repeal of this Act                                         30
 40 Repeal of this Act                                            30
                               ═════════════
Endnotes                                                          31
 1       General information                                      31




                                     ii
    Building and Planning Legislation
          Amendment Act 2023 
                    No.          of 2023

                           [Assented to                         ]


The Parliament of Victoria enacts:

                Part 1--Preliminary
     1 Purposes
             The purposes of this Act are--
              (a) to amend the Building Act 1993--
                   (i) in relation to the automatic mutual
                       recognition of building practitioners,
                       building employees and plumbers who
                       are registered or licensed in other
                       jurisdictions; and




                             1
 Building and Planning Legislation Amendment Act 2023
                    No.      of 2023
                 Part 1--Preliminary


              (ii) to make miscellaneous amendments;
                   and
        (b) to amend the Architects Act 1991--
              (i) in relation to the automatic mutual
                  recognition of architects who are
                  registered or licensed in other
                  jurisdictions; and
              (ii) to make miscellaneous amendments;
                   and
        (c) to amend the Surveying Act 2004 in relation
            to the automatic mutual recognition of
            surveyors who are registered or licensed in
            other jurisdictions; and
        (d) to amend the Planning and Environment
            Act 1987 in relation to the protection of
            metropolitan green wedges and distinctive
            area landscapes.
2 Commencement
       This Act comes into operation on the day after the
       day on which it receives the Royal Assent.




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     Building and Planning Legislation Amendment Act 2023
                        No.      of 2023
         Part 2--Amendment of the Building Act 1993



    Part 2--Amendment of the Building
              Act 1993
Division 1--Amendments to the Building Act 1993
     relating to automatic mutual recognition
   3 Definitions
      (1) In section 3(1) of the Building Act 1993 insert
          the following definitions--
           "automatic deemed registration has the same
                meaning as in section 4(1) of the Mutual
                Recognition Act 1992 of the
                Commonwealth;
           home State has the same meaning as in
               section 4(1) of the Mutual Recognition
               Act 1992 of the Commonwealth;
           home State registration has the same meaning as
               in section 4(1) of the Mutual Recognition
               Act 1992 of the Commonwealth;
           local registration authority has the same meaning
                 as in section 4(1) of the Mutual Recognition
                 Act 1992 of the Commonwealth;
           second State has the same meaning as in
                section 4(1) of the Mutual Recognition
                Act 1992 of the Commonwealth;
           second State occupation has the same meaning as
                in section 4(1) of the Mutual Recognition
                Act 1992 of the Commonwealth;".
      (2) In section 3(1) of the Building Act 1993, at the
          foot of the definition of licensed building
          employee insert--
           "Note
           Section 42H(1) of the Mutual Recognition Act 1992 of the
           Commonwealth provides that a reference in the law of the
           second State to a person registered (however described) for



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  Building and Planning Legislation Amendment Act 2023
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      Part 2--Amendment of the Building Act 1993


        the second State occupation includes a reference to a person
        who has automatic deemed registration to carry on an
        activity covered by that occupation. Section 42H(2)(a) of
        that Act provides that a person who has automatic deemed
        registration in a State is taken to have had the registration
        conferred by the operation of the law of the State.".
   (3) In section 3(1) of the Building Act 1993, at the
       foot of the definition of registered building
       practitioner insert--
        "Note
        Section 42H(1) of the Mutual Recognition Act 1992 of the
        Commonwealth provides that a reference in the law of the
        second State to a person registered (however described) for
        the second State occupation includes a reference to a person
        who has automatic deemed registration to carry on an
        activity covered by that occupation. Section 42H(2)(a) of
        that Act provides that a person who has automatic deemed
        registration in a State is taken to have had the registration
        conferred by the operation of the law of the State.".
4 New section 170AB inserted
        After section 170A of the Building Act 1993
        insert--
   "170AB Proof of insurance for persons intending
          to rely on automatic deemed registration
        (1) This section applies to a person who intends
            to carry out an activity that may be carried
            out under a registration under this Part in
            reliance on an automatic deemed registration
            that is the subject of a determination under
            section 42J(4) of the Mutual Recognition
            Act 1992 of the Commonwealth.
        (2) The person must ensure that the notification
            given to the Authority under section 42J(1)
            of the Mutual Recognition Act 1992 of the
            Commonwealth is accompanied by written
            proof that, until the first anniversary of the
            commencement of the person's automatic
            deemed registration, the person will be


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  Building and Planning Legislation Amendment Act 2023
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      Part 2--Amendment of the Building Act 1993


             covered or is eligible to be covered
             (as applicable), by any required insurance for
             the registration under this Part.
        (3) The person must ensure that the written
            proof is accompanied by the appropriate fee
            for the examination of the written proof by
            the Authority--
               (a) determined in accordance with the
                   guidelines under Division 1 of Part 12;
                   or
               (b) prescribed by the regulations.".
5 Section 172 substituted
        For section 172 of the Building Act 1993
        substitute--
      "172 Annual fee, proof of insurance and
           training plan report
        (1) A registered building practitioner must, on or
            before each anniversary of the practitioner's
            registration, pay to the Victorian Building
            Authority Fund the appropriate annual fee--
               (a) determined in accordance with the
                   guidelines under Division 1 of Part 12;
                   or
               (b) prescribed by the regulations.
        (2) If, under Part 9, a registered building
            practitioner, other than a person referred to
            in subsection (3), is required to be covered
            by insurance, the practitioner must on or
            before each anniversary of the practitioner's
            registration give written proof to the
            Authority that--
               (a) until the next anniversary of the
                   registration or, subject to any
                   conditions the Authority imposes,


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Building and Planning Legislation Amendment Act 2023
                   No.      of 2023
    Part 2--Amendment of the Building Act 1993


                 any lesser period approved by the
                 Authority, the practitioner will be
                 covered by the required insurance; or
             (b) to the extent that the practitioner is a
                 builder engaged in domestic building
                 work with a cost that is more than the
                 prescribed amount, the practitioner is
                 eligible to be covered by the required
                 insurance.
      (3) A person who has automatic deemed
          registration to carry out an activity that may
          be carried out under a registration under this
          Part must, on or before each anniversary
          after the commencement of the person's
          automatic deemed registration, give to the
          Authority written proof that, until the next
          anniversary of the commencement of that
          automatic deemed registration, the person
          will be covered or is eligible to be covered
          (as applicable), by any required insurance for
          that registration under this Part.
      (4) If a person is required under this section to
          provide written proof to the Authority in
          relation to required insurance, the person
          must ensure that the written proof is
          accompanied by the appropriate fee for
          examination of the written proof by the
          Authority--
             (a) determined in accordance with the
                 guidelines under Division 1 of Part 12;
                 or
             (b) prescribed by the regulations.




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  Building and Planning Legislation Amendment Act 2023
                     No.      of 2023
      Part 2--Amendment of the Building Act 1993


        (5) A provisionally registered builder
            subcontractor must, on each anniversary of
            the builder subcontractor's registration,
            report to the Authority on the builder
            subcontractor's progress in complying with a
            training plan (if applicable), the compliance
            with which is a condition of the registration
            under section 171H(1B).
        (6) In this section--
             prescribed amount means--
                     (a) the amount prescribed by the
                         regulations (if any); or
                    (b) if an amount is not prescribed,
                        $16 000.".
6 The Register of Building Practitioners
   (1) In section 175(2)(b) of the Building Act 1993, for
       "registered under this Part." substitute
       "who applied for, and were granted, registration
       under this Part; and".
   (2) After section 175(2)(b) of the Building Act 1993
       insert--
       "(c) if a person has automatic deemed registration
            to carry out any activities that may be carried
            out under a registration under this Part,
            include the name of that person and those
            activities.".
   (3) In section 175(3)(b) of the Building Act 1993,
       after "person" insert "by the Authority or imposed
       on a person referred to in subsection (2)(c) by the
       local registration authority in that person's home
       State".




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  Building and Planning Legislation Amendment Act 2023
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      Part 2--Amendment of the Building Act 1993


7 Registered building practitioner or endorsed
  building engineer to produce certificate of
  registration for inspection
        For section 176A(2) of the Building Act 1993
        substitute--
       "(2) In this section--
             certificate of registration includes--
                     (a) a certificate of registration issued
                         to an endorsed building engineer
                         under the Professional Engineers
                         Registration Act 2019; and
                    (b) in the case of a person who has
                        automatic deemed registration as a
                        building practitioner, evidence of
                        the person's home State
                        registration.".
8 Register of Building Employees
        For section 187N(2)(b) of the Building Act 1993
        substitute--
       "(b) include the names and classes of licence of
            persons who applied for, and were granted, a
            licence under this Part; and
        (c) if a person has automatic deemed registration
            to carry out any activities that may be carried
            out under a licence under this Part, include
            the name of that person and those activities;
            and
        (d) include any disciplinary action imposed on a
            person licenced under this Part or, in the case
            of a person referred to in paragraph (c),
            imposed by the local registration authority in
            that person's home State.".




                           8
   Building and Planning Legislation Amendment Act 2023
                      No.      of 2023
        Part 2--Amendment of the Building Act 1993


 9 Definitions applying to Part 12A
     (1) In section 221B(1) of the Building Act 1993, at
         the foot of the definition of licensed plumber
         insert--
         "Note
         Section 42H(1) of the Mutual Recognition Act 1992 of the
         Commonwealth provides that a reference in the law of the
         second State to a person registered (however described) for
         the second State occupation includes a reference to a person
         who has automatic deemed registration to carry on an
         activity covered by that occupation. Section 42H(2)(a) of
         that Act provides that a person who has automatic deemed
         registration in a State is taken to have had the registration
         conferred by the operation of the law of the State.".
     (2) In section 221B(1) of the Building Act 1993, at
         the foot of the definition of registered plumber
         insert--
         "Note
         Section 42H(1) of the Mutual Recognition Act 1992 of the
         Commonwealth provides that a reference in the law of the
         second State to a person registered (however described) for
         the second State occupation includes a reference to a person
         who has automatic deemed registration to carry on an
         activity covered by that occupation. Section 42H(2)(a) of
         that Act provides that a person who has automatic deemed
         registration in a State is taken to have had the registration
         conferred by the operation of the law of the State.".
10 Application for licensing or registration as a
   plumber
         After section 221T(5) of the Building Act 1993
         insert--
        "(6) If a person intends to carry out an activity
             that may be carried out under a licence under
             this Part in reliance on automatic deemed
             registration and that registration is the
             subject of a determination under
             section 42J(4) of the Mutual Recognition
             Act 1992 of the Commonwealth, the person



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   Building and Planning Legislation Amendment Act 2023
                      No.      of 2023
        Part 2--Amendment of the Building Act 1993


              must ensure that the notification given to the
              Authority under section 42J(1) of that Act is
              accompanied by written proof that, until the
              first anniversary of the commencement of
              the person's automatic deemed registration,
              the person is covered by the required
              insurance for that licence.
         (7) If a person is required under this section to
             provide written proof to the Authority that
             the person is covered by required insurance,
             the person must ensure that the written proof
             is accompanied by the prescribed fee for
             examination of the written proof by the
             Authority.".
11 Application for renewal of licence or registration as
   a plumber
         After section 221ZB(5) of the Building Act 1993
         insert--
        "(6) A person who has automatic deemed
             registration to carry out an activity that may
             be carried out under a licence under this Part
             must, on or before each anniversary after the
             commencement of the person's automatic
             deemed registration, give to the Authority
             written proof that until the next anniversary
             of the commencement of that registration the
             person is covered by the required insurance
             for that licence.
         (7) If a person is required under this section to
             provide written proof to the Authority that
             the person is covered by required insurance,
             the person must ensure that the written proof
             is accompanied by the prescribed fee for
             examination of the written proof by the
             Authority.".




                           10
   Building and Planning Legislation Amendment Act 2023
                      No.      of 2023
       Part 2--Amendment of the Building Act 1993


12 Licensed plumber to produce licence for inspection
         At the end of section 221ZFB of the Building
         Act 1993 insert--
        "(2) In this section--
              licence includes, in the case of a person who
                   has automatic deemed registration as a
                   licensed plumber, evidence of the
                   person's home State registration.".
13 Register of Plumbers
    (1) In section 221ZZZT(1) of the Building Act 1993,
        for "people" substitute "persons".
    (2) In section 221ZZZT(2) of the Building
        Act 1993--
          (a) for paragraph (b) substitute--
               "(b) if the person has applied for and has
                    been granted a registration or licence
                    under this Part, the type of licence or
                    registration the person holds and the
                    classes or types of plumbing work in
                    respect of which the person is so
                    licensed or registered;
              (ba) if a person has automatic deemed
                   registration to carry out any activities
                   that may be carried out under a licence
                   or registration under this Part, those
                   activities;";
          (b) in paragraph (h), for "of him or her"
              substitute "of the person or, in the case of a
              person referred to in paragraph (ba), by the
              local registration authority in that person's
              home State";
          (c) after paragraph (h) insert--
             "(ha) details of any criminal sanctions
                   imposed on the person;".


                           11
    Building and Planning Legislation Amendment Act 2023
                       No.      of 2023
        Part 2--Amendment of the Building Act 1993


 14 Authorised person's identification
          For section 228B(6) of the Building Act 1993
          substitute--
         "(6) The identification of a municipal building
              surveyor or a relevant building surveyor
              when exercising a power as an authorised
              person under this Division is--
                 (a) a registration card; or
                 (b) in the case of a person who has
                     automatic deemed registration as a
                     building surveyor, evidence of the
                     person's home State registration.".

Division 2--Other amendments to the Building
                 Act 1993
 15 New section 175AB inserted
          After section 175A of the Building Act 1993
          insert--
     "175AB Registered building practitioner must give
            information to the Authority for the
            Register of Building Practitioners
          (1) The Authority may request in writing that a
              registered building practitioner give to the
              Authority information in relation to the
              practitioner that is required to be included in
              the Register of Building Practitioners.
          (2) A registered building practitioner must
              comply with a request under subsection (1)
              from the Authority within 5 business days
              after receiving the request.
               Penalty: 10 penalty units, in the case of a
                        natural person;
                           50 penalty units; in the case of a
                           body corporate.".


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   Building and Planning Legislation Amendment Act 2023
                      No.      of 2023
       Part 2--Amendment of the Building Act 1993


16 Period of suspension
         After section 180B(3) of the Building Act 1993
         insert--
        "(4) The suspended person must ensure that the
             written proof is accompanied by the
             appropriate fee for the examination of the
             written proof by the Authority--
                (a) determined in accordance with the
                    guidelines under Division 1 of Part 12;
                    or
                (b) prescribed by the regulations.".
17 New sections 187NA and 187NB inserted
         After section 187N of the Building Act 1993
         insert--
    "187NA Licensed building employees must give
           information to the Authority for the
           Register of Building Employees
         (1) The Authority may request in writing that a
             licensed building employee give to the
             Authority information in relation to the
             employee that is required to be contained in
             the Register of Building Employees.
         (2) A licensed building employee must comply
             with a request under subsection (1) from the
             Authority within 5 business days after
             receiving the request.
              Penalty: 10 penalty units.
     187NB Licensed building employee must notify
           Authority of changes to information on
           the Register of Building Employees
              A licensed building employee must give the
              Authority written notice of any change to the
              information in relation to the employee
              required to be contained in the Register of


                           13
   Building and Planning Legislation Amendment Act 2023
                      No.      of 2023
        Part 2--Amendment of the Building Act 1993


              Building Employees within 14 days after the
              change occurs.
              Penalty: 10 penalty units.".
18 Restricted licences
     (1) In section 221Q(1) of the Building Act 1993, for
         "of plumbing work or specialised plumbing work"
         substitute "or classes of plumbing work or a class
         or classes of specialised plumbing work".
     (2) In section 221Q(2) of the Building Act 1993, for
         "a particular type of work" substitute "one or
         more particular types of work".
19 Suspension of licence if insurance ceases
         After section 221ZU(3) of the Building Act 1993
         insert--
        "(4) The suspended person must ensure that the
             written proof is accompanied by the
             prescribed fee for the examination of the
             written proof by the Authority.".
20 New sections 221ZZZR and 221ZZZS inserted
         Before section 221ZZZT of the Building
         Act 1993 insert--
 "221ZZZR Licensed and registered plumbers must
          give information to the Authority for the
          Register of Plumbers
         (1) The Authority may request in writing that a
             licensed or registered plumber give to the
             Authority information in relation to the
             plumber that is required to be recorded in the
             Register of Plumbers.




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   Building and Planning Legislation Amendment Act 2023
                      No.      of 2023
       Part 2--Amendment of the Building Act 1993


         (2) A licensed or registered plumber must
             comply with a request under subsection (1)
             from the Authority within 5 business days
             after receiving the request.
              Penalty: 10 penalty units.
  221ZZZS Licensed and registered plumbers must
          notify Authority of changes to information
          on the Register of Plumbers
              A licensed or registered plumber must give
              the Authority written notice of any change to
              the information in relation to the plumber
              required to be recorded in the Register of
              Plumbers within 14 days after the change
              occurs.
              Penalty: 10 penalty units.".
21 New section 221ZZZTA inserted
         After section 221ZZZT of the Building Act 1993
         insert--
"221ZZZTA Publication of information on Register of
          Plumbers
         (1) The Authority must publish on its website
             the information on the Register of Plumbers
             that is required by the regulations to be
             published.
         (2) The Authority may publish on its website the
             information on the Register of Plumbers that
             is permitted by the regulations to be
             published.".




                           15
     Building and Planning Legislation Amendment Act 2023
                        No.      of 2023
               Part 3--Amendment of other Acts



     Part 3--Amendment of other Acts
Division 1--Amendment of the Architects Act 1991
    in relation to automatic mutual recognition
  22 Definitions
      (1) In section 3(1) of the Architects Act 1991 insert
          the following definitions--
           "automatic deemed registration has the same
                meaning as in section 4(1) of the Mutual
                Recognition Act 1992 of the
                Commonwealth;
           second State has the same meaning as in
                section 4(1) of the Mutual Recognition
                Act 1992 of the Commonwealth;
           second State occupation has the same meaning as
                in section 4(1) of the Mutual Recognition
                Act 1992 of the Commonwealth;".
      (2) In section 3(1) of the Architects Act 1991, at the
          foot of the definition of architect insert--
           "Note
           Section 42H(1) of the Mutual Recognition Act 1992 of the
           Commonwealth provides that a reference in the law of the
           second State to a person registered (however described) for
           the second State occupation includes a reference to a person
           who has automatic deemed registration to carry on an
           activity covered by that occupation. Section 42H(2)(a) of
           that Act provides that a person who has automatic deemed
           registration in a State is taken to have had the registration
           conferred by the operation of the law of the State.".




                               16
    Building and Planning Legislation Amendment Act 2023
                       No.      of 2023
              Part 3--Amendment of other Acts


 23 New section 9A inserted
          After section 9 of the Architects Act 1991
          insert--
         "9A Proof of required insurance for persons
             intending to rely on automatic deemed
             registration
          (1) This section applies to a person who intends
              to carry out an activity that may be carried
              out under a registration under this Part in
              reliance on an automatic deemed registration
              that is the subject of a determination under
              section 42J(4) of the Mutual Recognition
              Act 1992 of the Commonwealth.
          (2) The person must ensure that the notification
              given to the Authority under section 42J(1)
              of the Mutual Recognition Act 1992 of the
              Commonwealth is accompanied by written
              proof that, until the next occurrence of
              1 July, the person will be covered by the
              required insurance for the registration under
              this Part.
          (3) The person must ensure that the written
              proof is accompanied by the prescribed fee
              for the examination of the written proof by
              the Board.".

Division 2--Other amendments to the Architects
                  Act 1991
 24 New section 11A inserted
          After section 11 of the Architects Act 1991
          insert--
        "11A Board must issue certificate of registration
          (1) The Board must issue a certificate of
              registration to a person who has been
              registered by the Board as an architect.


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   Building and Planning Legislation Amendment Act 2023
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             Part 3--Amendment of other Acts


         (2) The certificate of registration must be in a
             form approved by the Board and contain any
             prescribed information.".
25 New section 13A inserted
         After section 13 of the Architects Act 1991
         insert--
       "13A Board must issue certificate of approval
         (1) The Board must issue a certificate of
             approval to a partnership that has been
             approved by the Board.
         (2) The certificate of approval must be in a form
             approved by the Board and contain any
             prescribed information.".
26 New section 14A inserted
         After section 14 of the Architects Act 1991
         insert--
       "14A Board must issue certificate of approval
         (1) The Board must issue a certificate of
             approval to a company that has been
             approved by the Board.
         (2) The certificate of approval must be in a form
             approved by the Board and contain any
             prescribed information.".
27 Proof of required insurance
         At the end of section 15A of the Architects
         Act 1991 insert--
        "(2) An architect must ensure that the written
             proof is accompanied by the prescribed fee
             for the examination of the written proof by
             the Board.".




                           18
   Building and Planning Legislation Amendment Act 2023
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             Part 3--Amendment of other Acts


28 The Register
    (1) In section 16 of the Architects Act 1991, after
        "Architects" insert "in the prescribed form
        (if any)".
    (2) At the end of section 16 of the Architects
        Act 1991 insert--
        "(2) The Register may include details of--
                (a) any criminal sanction imposed on an
                    architect; and
                (b) any disciplinary sanction imposed on
                    an architect.".
29 New sections 16A, 16B and 16C inserted
         After section 16 of the Architects Act 1991
         insert--
       "16A Time for inclusion of information in the
            Register of Architects
         (1) If the regulations require any details
             specified in section 16(2) to be included in
             the Register of Architects, the Board must
             record that information in the Register as
             soon as practicable after the prescribed
             period after the criminal sanction or
             disciplinary sanction is imposed.
         (2) Information about a disciplinary sanction
             is to remain on the Register of Architects
             for 5 years after the sanction is imposed or
             ceases to have effect, whichever is the later.
         (3) Information about a criminal sanction is to
             remain on the Register of Architects for
             5 years after the sanction is imposed or
             ceases to have effect, whichever is the later.




                           19
Building and Planning Legislation Amendment Act 2023
                   No.      of 2023
          Part 3--Amendment of other Acts


      (4) In this section--
           prescribed period means--
                   (a) in the case of a disciplinary
                       sanction, the later of the following
                       to occur--
                         (i) the end of the period within
                             which an application for
                             review of the decision to
                             impose a disciplinary
                             sanction may be made to
                             VCAT;
                        (ii) if an application for review
                             of the decision to impose a
                             disciplinary sanction is made
                             to VCAT, a decision is made
                             by VCAT affirming the
                             decision; or
                  (b) in the case of a criminal sanction
                      arising from a criminal
                      proceeding, the later of the
                      following to occur--
                         (i) the end of the period within
                             which an appeal may be
                             brought against the criminal
                             sanction;
                        (ii) if an appeal is brought
                             against the criminal sanction,
                             a decision is made
                             dismissing the appeal.
     16B Architect must give information to the
         Board for the Register of Architects
      (1) The Board may request in writing that an
          architect give to the Board information in
          relation to the architect that is required to be
          contained in the Register of Architects.


                        20
   Building and Planning Legislation Amendment Act 2023
                      No.      of 2023
             Part 3--Amendment of other Acts


         (2) An architect must comply with a request
             under subsection (1) from the Board within
             5 business days after receiving the request.
              Penalty: 10 penalty units.
        16C Publication of information on Register of
            Architects
         (1) The Board must publish on its website the
             information on the Register of Architects
             that is required by the regulations to be
             published.
         (2) The Board may publish on its website the
             information on the Register of Architects
             that is permitted by the regulations to be
             published.".
30 Section 17 substituted
         For section 17 of the Architects Act 1991
         substitute--
         "17 Removal of details of architects from the
             Register of Architects
              The Board may, as soon as is practicable,
              remove the details of a person from the
              Register of Architects if--
                (a) the person is no longer practising as an
                    architect; or
                (b) the person no longer holds a
                    registration as an architect under
                    Part 3.".
31 Regulations
         In section 69(1)(j) of the Architects Act 1991,
         after "cancellation of" insert ", and information to
         be contained in,".




                           21
     Building and Planning Legislation Amendment Act 2023
                        No.      of 2023
               Part 3--Amendment of other Acts


Division 3--Amendment of the Surveying Act 2004
    in relation to automatic mutual recognition
  32 Definitions
      (1) In section 3 of the Surveying Act 2004 insert the
          following definitions--
           "automatic deemed registration has the same
                meaning as in section 4(1) of the Mutual
                Recognition Act 1992 of the
                Commonwealth;
           home State registration has the same meaning as
               in section 4(1) of the Mutual Recognition
               Act 1992 of the Commonwealth;
           second State has the same meaning as in
                section 4(1) of the Mutual Recognition
                Act 1992 of the Commonwealth;
           second State occupation has the same meaning as
                in section 4(1) of the Mutual Recognition
                Act 1992 of the Commonwealth;".
      (2) In section 3 of the Surveying Act 2004, at the
          foot of the definition of licensed surveyor
          insert--
           "Note
           Section 42H(1) of the Mutual Recognition Act 1992 of the
           Commonwealth provides that a reference in the law of the
           second State to a person registered (however described) for
           the second State occupation includes a reference to a person
           who has automatic deemed registration to carry on an
           activity covered by that occupation. Section 42H(2)(a) of
           that Act provides that a person who has automatic deemed
           registration in a State is taken to have had the registration
           conferred by the operation of the law of the State.".




                               22
   Building and Planning Legislation Amendment Act 2023
                      No.      of 2023
             Part 3--Amendment of other Acts


33 Identity card
         For section 57(1) of the Surveying Act 2004
         substitute--
        "(1) The Board must issue an identity card to--
                (a) each licensed surveyor who has applied
                    for, and been granted, registration
                    under Part 2; and
                (b) each person who has automatic deemed
                    registration to carry out an activity that
                    may be carried out under a registration
                    under Part 2 if that person has no
                    evidence of the person's home State
                    registration to carry out that activity.".
34 Power of entry for cadastral surveys
         For section 58(3) of the Surveying Act 2004
         substitute--
        "(3) A licensed surveyor, or a person acting under
             the direction and supervision of a licensed
             surveyor, may not exercise any powers under
             this section if the licensed surveyor or person
             fails to produce, on request, for inspection by
             the occupier of the land--
                (a) an identity card issued to the licensed
                    surveyor under this Part; or
                (b) identification that shows that the person
                    is acting under the direction and
                    supervision of a licensed surveyor; or
                (c) if the licensed surveyor is a person who
                    has automatic deemed registration to
                    carry out an activity that may be carried
                    out under a registration under Part 2,
                    evidence of the person's home State
                    registration to carry out that activity.".




                           23
    Building and Planning Legislation Amendment Act 2023
                       No.      of 2023
 Part 4--Amendment of the Planning and Environment Act 1987



Part 4--Amendment of the Planning and
       Environment Act 1987
Division 1--Green wedge management plans
35 Definition--green wedge management plan
          In section 3(1) of the Planning and Environment
          Act 1987 insert the following definition--
          "green wedge management plan means a plan
               prepared under section 46AE(1);".
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


                            24
   Building and Planning Legislation Amendment Act 2023
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Part 4--Amendment of the Planning and Environment Act 1987


                (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).


                           25
      Building and Planning Legislation Amendment Act 2023
                         No.      of 2023
   Part 4--Amendment of the Planning and Environment Act 1987


       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
  37 Endorsement of Statement of Planning Policy
       (1) After section 46AX(1) of the Planning and
           Environment Act 1987 insert--
         "(1A) Despite subsection (1), the Minister is not
               required to give a copy of the draft Statement
               of Planning Policy to either of the
               following--
                   (a) a responsible public entity specified in
                       a declaration under section 46AXA;
                   (b) the Minister who is responsible for a
                       responsible public entity specified in a
                       declaration under section 46AXA.".
       (2) After section 46AX(2) of the Planning and
           Environment Act 1987 insert--
           "(3) A responsible public entity that is given a
                copy of the draft Statement of Planning
                Policy under subsection (1) must decide
                whether to endorse the Statement within
                28 days after it is given the Statement.




                              26
   Building and Planning Legislation Amendment Act 2023
                      No.      of 2023
Part 4--Amendment of the Planning and Environment Act 1987


         (4) A responsible public entity must give notice
             of a decision under subsection (3) to the
             Minister within 7 days of making the
             decision.".
38 New section 46AXA inserted
         After section 46AX of the Planning and
         Environment Act 1987 insert--
   "46AXA Minister may declare endorsement of
          certain responsible public entities not
          required
         (1) The Minister, by notice published in the
             Government Gazette, may declare that a
             responsible public entity that is a committee
             of management or trustee under the Crown
             Land (Reserves) Act 1978 in relation to
             land in a declared area is not required to be
             given a copy of a draft Statement of Planning
             Policy under section 46AX.
         (2) The Minister must not make a declaration
             under subsection (1) unless--
                (a) the Minister has considered the nature
                    of the land that is managed by the
                    committee of management or trustee;
                    and
                (b) the Minister is satisfied that the
                    contents of the draft Statement of
                    Planning Policy would not impose
                    significant obligations on the
                    committee of management or trustee in
                    relation to the land.".




                           27
   Building and Planning Legislation Amendment Act 2023
                      No.      of 2023
Part 4--Amendment of the Planning and Environment Act 1987


     Division 3--Transitional provisions
39 New section 228 inserted
         After section 227 of the Planning and
         Environment Act 1987 insert--
       "228 Transitional and savings provisions--
            Building and Planning Legislation
            Amendment Act 2023
         (1) Subsections (2) and (3) apply if--
                (a) immediately before the commencement
                    of Division 1 of Part 4 of the amending
                    Act, a municipal council referred to in
                    section 46AA has an active plan to
                    manage green wedge land in its
                    municipal district; and
                (b) the plan was prepared less than
                    10 years before that commencement.
         (2) Within 60 days after the commencement of
             Division 1 of Part 4 of the amending Act, a
             municipal council may give to the
             Minister--
                (a) a copy of its plan to manage green
                    wedge land in its municipal district; and
                (b) a notice specifying the date on which
                    the plan was prepared.
         (3) If a municipal council gives the Minister a
             copy of its plan to manage green wedge land
             in its municipal district and a notice under
             subsection (2)--
                (a) the plan is taken to be a green wedge
                    management plan prepared under
                    section 46AE(1); and




                           28
   Building and Planning Legislation Amendment Act 2023
                      No.      of 2023
Part 4--Amendment of the Planning and Environment Act 1987


                (b) for the purposes of section 46AEB, the
                    plan is taken to have been given to the
                    Minister under section 46AE(3) on the
                    date specified in the notice.
         (4) Division 3 of Part 3AAB, as it was in force
             immediately before the commencement of
             Division 2 of Part 4 of the amending Act,
             continues to apply in respect of a draft
             Statement of Planning Policy that--
                (a) was given to a responsible public entity
                    before that commencement; and
                (b) has not been endorsed by the
                    responsible public entity before that
                    commencement.
         (5) In this section--
              amending Act means the Building and
                  Planning Legislation Amendment
                  Act 2023.".




                           29
   Building and Planning Legislation Amendment Act 2023
                      No.      of 2023
                  Part 5--Repeal of this Act



          Part 5--Repeal of this Act
40 Repeal of this Act
          This Act is repealed on the first anniversary of its
          commencement.
   Note
   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).
                 ═════════════




                              30
             Building and Planning Legislation Amendment Act 2023
                                No.      of 2023
                                        Endnotes



                                    Endnotes
1 General information
  See www.legislation.vic.gov.au for Victorian Bills, Acts and current
  authorised versions of legislation and up-to-date legislative information.
   
      Minister's second reading speech--
      Legislative Assembly:
      Legislative Council:
      The long title for the Bill for this Act was "A Bill for an Act to amend the
      Building Act 1993, the Architects Act 1991, the Surveying Act 2004
      and the Planning and Environment Act 1987 and for other purposes."




                 By Authority. Government Printer for the State of Victoria.




                                            31


 


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