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PARLIAMENT OF VICTORIA
Planning and Environment Amendment (Local
Democracy) Bill 2019
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purpose 1
2 Commencement 1
Part 2--Amendment of the Planning and Environment Act 1987 2
3 Definitions 2
4 Minister is planning authority 2
5 Municipal council as planning authority 3
6 Municipal council as planning authority for area adjoining
municipal district 3
7 Authorised Ministers and authorities are planning authorities 3
8 Restrictions and powers relating to the preparation of
amendments 4
9 What are the duties and powers of planning authorities? 4
10 Municipal council as planning authority 4
11 New section 31A inserted 5
12 New section 35A inserted 6
13 What matters must a responsible authority consider? 7
14 Applications for review of refusals to grant permits 7
15 Applications for review of conditions on permits 8
16 Matters for Tribunal to take into account 8
17 Decision of Minister 8
Part 3--Repeal of this Act 9
18 Repeal of this Act 9
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Endnotes 10
1 General information 10
591PM64B.I-28/10/2019 i BILL LC INTRODUCTION 28/10/2019
PARLIAMENT OF VICTORIA
Introduced in the Council by Clifford Hayes
Planning and Environment Amendment
(Local Democracy) Bill 2019
A Bill to amend the Planning and Environment Act 1987 to provide
for increased responsible authority control of local planning policy
and maximum building heights in their municipal districts, and for
other purposes.
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purpose
The main purpose of this Act is to amend the
Planning and Environment Act 1987 to improve
5 the ability of local councils to control building
heights.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
591PM64B.I-28/10/2019 1 BILL LC INTRODUCTION 28/10/2019
Planning and Environment Amendment (Local Democracy) Bill 2019
Part 2--Amendment of the Planning and Environment Act 1987
Part 2--Amendment of the Planning and
Environment Act 1987
3 Definitions
In section 3(1) of the Planning and Environment
5 Act 1987 insert the following definitions--
"maximum building height limit planning
scheme amendment, for a planning scheme,
means an amendment to the State standard
provisions of the scheme, or another
10 amendment to the scheme, that--
(a) is initiated by the municipal council
that is a planning authority for the
scheme because of the operation of
section 8A; and
15 (b) is limited to amending the maximum
building height limits for the scheme;
maximum building height limits, for a planning
scheme, means the maximum building height
limits that are, or may be, specified in the
20 scheme for buildings in an area covered by
the scheme;".
4 Minister is planning authority
After section 8(3) of the Planning and
Environment Act 1987 insert--
25 "(4) The Minister must not prepare an
amendment to the maximum building height
limits for a planning scheme in force in a
municipal district without the consent of the
municipal council for the municipal
30 district.".
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Planning and Environment Amendment (Local Democracy) Bill 2019
Part 2--Amendment of the Planning and Environment Act 1987
5 Municipal council as planning authority
After section 8A(2) of the Planning and
Environment Act 1987 insert--
"(2A) Despite subsection (2), a municipal council
5 is not required to apply for or receive the
authorisation of the Minister to prepare a
maximum building height limit planning
scheme amendment for a planning scheme in
force in its municipal district.".
10 6 Municipal council as planning authority for area
adjoining municipal district
After section 8B(6) of the Planning and
Environment Act 1987 insert--
"(7) A municipal council that is a planning
15 authority because of the operation of this
section must not prepare an amendment to
the maximum building height limits for a
planning scheme in force in an area
adjoining its municipal district without the
20 consent of the municipal council for the
municipal district.".
7 Authorised Ministers and authorities are planning
authorities
After section 9(4) of the Planning and
25 Environment Act 1987 insert--
"(5) A Minister or public authority that is a
planning authority because of the operation
of subsection (4) must not prepare an
amendment to the maximum building height
30 limits for a planning scheme in force in a
municipal district without the consent of the
municipal council for the municipal
district.".
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Planning and Environment Amendment (Local Democracy) Bill 2019
Part 2--Amendment of the Planning and Environment Act 1987
8 Restrictions and powers relating to the preparation
of amendments
After section 10(1) of the Planning and
Environment Act 1987 insert--
5 "(1A) Despite subsection (1), a maximum building
height limit planning scheme amendment is
not limited to the inclusion of a provision in
or deletion of a provision from the State
standard provisions of the planning
10 scheme.".
9 What are the duties and powers of planning
authorities?
After section 12(2) of the Planning and
Environment Act 1987 insert--
15 "(2A) Nothing in this section limits the preparation
of a maximum building height limit planning
scheme amendment.".
10 Municipal council as planning authority
(1) In section 31(1) of the Planning and
20 Environment Act 1987 for "A" substitute
"Subject to subsection (3), a".
(2) After section 31(2) of the Planning and
Environment Act 1987 insert--
"(3) This section and sections 32, 33 and 34 do
25 not apply to a maximum building height
limit planning scheme amendment.".
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Planning and Environment Amendment (Local Democracy) Bill 2019
Part 2--Amendment of the Planning and Environment Act 1987
11 New section 31A inserted
After section 31 of the Planning and
Environment Act 1987 insert--
"31A Submission of maximum building height
5 limit planning scheme amendments to
Minister
(1) A municipal council that adopts a maximum
building height limit planning scheme
amendment under section 29 must submit the
10 amendment to the Minister.
Note
A maximum building height limit planning scheme
amendment may be either an amendment to a
planning scheme's State standard provisions
15 (see section 10(1A)) or an amendment of other
provisions.
(2) Sections 32, 33 and 34 do not apply to a
maximum building height limit planning
scheme amendment submitted to the
20 Minister under subsection (1).
(3) The Minister may suggest one or more
changes to the amendment within 28 days of
the day on which the amendment was
submitted to the Minister.
25 (4) The council may--
(a) adopt one or more of the suggestions
made by the Minister; or
(b) refuse to adopt one or more of the
suggestions made by the Minister.".
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Planning and Environment Amendment (Local Democracy) Bill 2019
Part 2--Amendment of the Planning and Environment Act 1987
12 New section 35A inserted
After section 35 of the Planning and
Environment Act 1987 insert--
"35A Special rules for maximum building
5 height limit amendments
(1) This section applies to a maximum building
height limit planning scheme amendment
that has been submitted to the Minister under
section 31A(1).
10 (2) Despite section 35(1), the Minister must
not--
(a) refuse to approve the amendment or
part of the amendment; or
(b) approve the amendment, or part of the
15 amendment, subject to conditions or
with changes imposed by the Minister.
(3) The Minister is taken to have approved the
amendment on the 28th day after it was
submitted to the Minister under section
20 31A(1), unless--
(a) the Minister has approved it before that
day; or
(b) the Minister suggested changes to it
under section 31A(3).
25 (4) If the Minister suggested changes to the
amendment, the Minister is taken to have
approved the amendment, including any
suggested changes adopted under
section 31A(4)(a), on the 28th day after the
30 Minister suggested the changes.
591PM64B.I-28/10/2019 6 BILL LC INTRODUCTION 28/10/2019
Planning and Environment Amendment (Local Democracy) Bill 2019
Part 2--Amendment of the Planning and Environment Act 1987
(5) An amendment approved or taken to be
approved under this section has effect
despite--
(a) any inconsistency with the Victoria
5 Planning provisions or the State
standard provisions; or
(b) any direction of the Minister under this
Act.".
13 What matters must a responsible authority
10 consider?
(1) After section 60(1)(a) of the Planning and
Environment Act 1987 insert--
"(aa) any other strategic plan, policy statement,
code or guideline that has been adopted by a
15 municipal council; and".
(2) In section 60(1A)(g) of the Planning and
Environment Act 1987, for ", public authority or
municipal council" substitute "or public
authority".
20 14 Applications for review of refusals to grant permits
At the end of section 77 of the Planning and
Environment Act 1987 insert--
"(2) Despite subsection (1), an applicant for a
permit may not apply to the Tribunal for
25 review of a decision by a responsible
authority to refuse to grant the permit on a
ground that relates to maximum building
height limits, other than on the ground that
the decision is inconsistent with a maximum
30 building height limit for a planning scheme
that covers the building.".
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Planning and Environment Amendment (Local Democracy) Bill 2019
Part 2--Amendment of the Planning and Environment Act 1987
15 Applications for review of conditions on permits
After section 80(2) of the Planning and
Environment Act 1987 insert--
"(3) Despite subsection (1), an applicant for a
5 permit may not apply to the Tribunal for
review of a condition in a permit that relates
to maximum building height limits, other
than on the ground that the condition is
inconsistent with a maximum building height
10 limit for a planning scheme that covers the
building.".
16 Matters for Tribunal to take into account
After section 84B(2)(a) of the Planning and
Environment Act 1987 insert--
15 "(aa) must give effect to any other strategic plan,
policy statement, code or guideline that has
been adopted by a municipal council;".
17 Decision of Minister
After section 97F(2) of the Planning and
20 Environment Act 1987 insert--
"(3) Despite subsections (1) and (2), the Minister
must not grant a permit that is inconsistent
with a maximum building height limit for a
planning scheme that covers the building to
25 which the permit relates.".
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Planning and Environment Amendment (Local Democracy) Bill 2019
Part 3--Repeal of this Act
Part 3--Repeal of this Act
18 Repeal of this Act
This Act is repealed on the first anniversary of
the day on which it receives the Royal Assent.
5 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).
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591PM64B.I-28/10/2019 9 BILL LC INTRODUCTION 28/10/2019
Planning and Environment Amendment (Local Democracy) Bill 2019
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.
By Authority. Government Printer for the State of Victoria.
591PM64B.I-28/10/2019 10 BILL LC INTRODUCTION 28/10/2019
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