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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Planning and Environment (Port of Melbourne) Act
2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF PLANNING AND ENVIRONMENT
ACT 1987 3
3. Definition of Port of Melbourne Area 3
4. Councils not to plan for Port of Melbourne Area 3
5. Municipal strategic statement not required for Port of Melbourne
Area 4
6. Change of responsible authority arising from changes in Port of
Melbourne Area 4
7. New section 201CA inserted 4
201CA. Change in boundary of Port of Melbourne Area 4
PART 3--AMENDMENT OF PLANNING AND ENVIRONMENT
(PLANNING SCHEMES) ACT 1996 6
8. New section 16A inserted 6
16A. Definition of Port of Melbourne Area 6
9. Municipal councils not to plan for Port of Melbourne Area 6
10. Minister may prepare planning scheme for Port of Melbourne
Area 6
11. Supreme Court--limitation of jurisdiction 7
ENDNOTES 8
i
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PARLIAMENT OF VICTORIA
Initiated in Assembly 16 September 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Planning and Environment Act 1987 and the Planning
and Environment (Planning Schemes) Act 1996 in relation to
planning for the Port of Melbourne.
Planning and Environment (Port of
Melbourne) Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Planning and Environment
5 Act 1987 to facilitate planning for the Port of
Melbourne; and
551098B.I1-18/9/2003 BILL LA CIRCULATION 18/9/2003
1
Planning and Environment (Port of Melbourne) Act 2003
Act No.
Part 1--Preliminary
s. 2
(b) to amend the Planning and Environment
(Planning Schemes) Act 1996 to provide for
the preparation under that Act of a new
Victorian Legislation and Parliamentary Documents
planning scheme for the Port of Melbourne.
5 2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
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Planning and Environment (Port of Melbourne) Act 2003
Act No.
Part 2--Amendment of Planning and Environment Act 1987
s. 3
PART 2--AMENDMENT OF PLANNING AND
ENVIRONMENT ACT 1987
Victorian Legislation and Parliamentary Documents
3. Definition of Port of Melbourne Area
See:
(1) In section 3(1) of the Planning and Environment Act No.
5 Act 1987 insert the following definition-- 45/1987.
Reprint No. 7
' "Port of Melbourne Area" means-- as at
13 December
(a) the land shown red on plan numbered 2000 and
amending
LEGL./02-023 and lodged in the Act No.
Central Plan Office established under 43/2003.
LawToday:
10 the Survey Co-ordination Act 1958; www.dms.
and dpc.vic.
gov.au
(b) any area included in the Port of
Melbourne Area under sub-
section (3)--
15 but excludes any area excluded from the Port
of Melbourne Area under sub-section (3);'.
(2) After section 3(2) of the Planning and
Environment Act 1987 insert--
"(3) The Governor in Council may by order
20 published in the Government Gazette--
(a) include any area of land adjoining the
Port of Melbourne Area in the Port of
Melbourne Area; or
(b) exclude any area of land from the Port
25 of Melbourne Area.".
4. Councils not to plan for Port of Melbourne Area
After section 8(3) of the Planning and
Environment Act 1987 insert--
"(4) Despite sub-section (3), a municipal council
30 does not have power under that sub-section
to prepare an amendment to any planning
scheme applying to the Port of Melbourne
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Planning and Environment (Port of Melbourne) Act 2003
Act No.
Part 2--Amendment of Planning and Environment Act 1987
s. 5
Area unless the amendment does not affect
or apply to land in that Area.".
Victorian Legislation and Parliamentary Documents
5. Municipal strategic statement not required for Port
of Melbourne Area
5 (1) After section 7(3) of the Planning and
Environment Act 1987 insert--
"(3A) Sub-section (3)(a)(i) does not apply to any
part of a municipal district that is within the
Port of Melbourne Area.".
10 (2) After section 12A(6) of the Planning and
Environment Act 1987 insert--
"(7) This section does not apply to any part of a
municipal district that is within the Port of
Melbourne Area.".
15 6. Change of responsible authority arising from
changes in Port of Melbourne Area
In section 201A(a) of the Planning and
Environment Act 1987, for "or 96" substitute
", 96 or 201CA".
20 7. New section 201CA inserted
After section 201C of the Planning and
Environment Act 1987 insert--
"201CA. Change in boundary of Port of Melbourne
Area
25 (1) If any land in the Port of Melbourne Area is
excluded from that Area by order under
section 3(3)--
(a) any planning scheme applying to the
excluded land immediately before the
30 commencement of that order; and
4
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Act No.
Part 2--Amendment of Planning and Environment Act 1987
s. 7
(b) all things done under that scheme--
continue to have the same operation and
Victorian Legislation and Parliamentary Documents
effect as they would have had if the order
had not been made except that the
5 responsible authority for the subsequent
administration and enforcement of the
planning scheme to the extent that it applies
to the excluded land is the council of the
municipal district in which the excluded land
10 is situated.
(2) If any land in a municipal district is included
in the Port of Melbourne Area by order
under section 3(3)--
(a) any planning scheme applying to the
15 included land immediately before the
commencement of that order; and
(b) all things done under that scheme--
continue to have the same operation and
effect as they would have had if the order
20 had not been made except that the
responsible authority for the subsequent
administration and enforcement of the
planning scheme to the extent that it applies
to the included land is the Minister.".
__________________
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Planning and Environment (Port of Melbourne) Act 2003
Act No.
Part 3--Amendment of Planning and Environment (Planning Schemes) Act
s. 8
1996
PART 3--AMENDMENT OF PLANNING AND
ENVIRONMENT (PLANNING SCHEMES) ACT 1996
Victorian Legislation and Parliamentary Documents
8. New section 16A inserted
See: In Part 3 of the Planning and Environment
Act No.
5 (Planning Schemes) Act 1996, before section 17
77/1996
and insert--
amending
Act No.
'16A. Definition of Port of Melbourne Area
72/1998.
LawToday:
In this Part "Port of Melbourne Area" has
www.dms.
the same meaning as it has in the Planning
dpc.vic.
gov.au
10 and Environment Act 1987.'.
9. Municipal councils not to plan for Port of
Melbourne Area
After section 18(3) of the Planning and
Environment (Planning Schemes) Act 1996
15 insert--
"(4) This section does not apply to any part of a
municipal district that is within the Port of
Melbourne Area.".
10. Minister may prepare planning scheme for Port of
20 Melbourne Area
After section 21(1) of the Planning and
Environment (Planning Schemes) Act 1996
insert--
"(1A) The Minister may prepare and approve a
25 planning scheme under this Part for the Port
of Melbourne Area.".
6
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Act No.
Part 3--Amendment of Planning and Environment (Planning Schemes) Act
s. 11
1996
11. Supreme Court--limitation of jurisdiction
At the end of section 27 of the Planning and
Victorian Legislation and Parliamentary Documents
Environment (Planning Schemes) Act 1996
insert--
5 "(2) Without limiting sub-section (1), it is the
intention of section 22(2) (to the extent that
it applies to any planning scheme prepared
and approved by the Minister under section
21(1A) for the Port of Melbourne Area) to
10 alter or vary section 85 of the Constitution
Act 1975.".
7
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Planning and Environment (Port of Melbourne) Act 2003
Act No.
Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
8
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