Victorian Numbered Acts Victorian Numbered ActsAfter Part 3 of the Planning and Environment Act 1987 insert —
46AAA Responsible public entities to comply with Yarra Strategic Plan
A responsible public entity which is a planning authority must not
prepare an amendment to a planning scheme that relates to Yarra
River land that is inconsistent with anything in a Yarra Strategic Plan
expressed to be binding
on the responsible public entity.
46AAB To which amendments does this Division apply?
(1) This Division applies to an amendment to a planning scheme that—
(a) has been approved by the Minister under section 35 in relation to the use of land that is part of the Greater Yarra Urban Parklands; and
(b) removes, changes or replaces a zone under that planning scheme applying to that land so that the land may be used in a way that is inconsistent with a Yarra Strategic Plan.
(2) This Division does not apply to an amendment to a planning scheme if the amendment was approved by the Minister before the commencement of this section.
46AAC Ratification by Parliament required for amendments to which this Division applies
(1) An amendment to which this Division applies does not take effect unless ratified by each House of the Parliament in accordance with this Division.
(2) Sections 36, 37 and 38 do not apply to an amendment to which this Division applies.
(1) The Minister must cause an amendment to which this Division applies to be laid before each House of the Parliament within 7 sitting days of that House after it is approved.
(2) If a permit has been granted under section 96I in respect of an amendment to which this Division applies, the Minister must cause a notice specifying that the permit has been granted to be laid before each House of the Parliament at the same time that the amendment is laid before that House under subsection (1).
(3) An amendment to which this Division applies does not take effect unless it is ratified by a resolution passed by each House of the Parliament within 10 sitting days after it is laid before that House.
46AAE Notice of ratification
The Minister must publish a notice of the ratification under section 46AAD of an amendment in the Government Gazette specifying the place or places at which any person may inspect the amendment.
An amendment that has been ratified under this Division comes into operation—
(a) when the notice of ratification of the amendment is published in the Government Gazette; or
(b) on any later day or days specified in the notice.
(1) An amendment to which this Division applies that has not been ratified in accordance with section 46AAD lapses on the day immediately after the last day on which it could have been so ratified.
(2) When an amendment has lapsed under subsection (1), the Minister must publish a notice in the Government Gazette setting out the date on which the amendment lapsed.
(3) The publication of the notice under subsection (2) is conclusive proof of the date that the amendment lapsed.
Sections 40, 41 and 42 do not apply to an amendment to which this Division applies unless and until the amendment is ratified under this Division.
46AAI Application of Division 5 of Part 4
If a permit has been granted under Division 5 of Part 4 and the amendment to which the permit applies is an amendment to which this Division applies—
(a) if the amendment lapses under section 46AAG(1), the permit is taken to be cancelled on that lapsing; and
(b) if the amendment is ratified
under this Division, the notice under section 46AAE of ratification
must also specify the places at which any person may inspect the
permit.".
Part 9—Amendment of Commissioner for Environmental Sustainability Act 2003