230Transitional provisions—Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024

230 Transitional provisions—Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024 Section 12(2A) does not apply in relation to the preparation of an amendment to a planning scheme if, immediately before the day on which section 17 of the **Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024** comes into operation, one or more of the following steps has been taken— (a) the planning authority has given notice of the preparation of the amendment in accordance with section 19; (b) the planning authority has applied to the Minister under section 20(1) for an exemption in respect of the amendment; (c) any person has— (i) made a request for the preparation of the amendment; and (ii) applied for an exemption under section 20(4) from any of the requirements of section 19 in respect of the amendment; (d) the Minister has exercised a power of exemption under section 20(2) or (4) in respect of the amendment; (e) the Minister has determined under section 20A(2) to prepare the amendment; (f) the Minister has either— (i) established a committee under section 151 to advise on the amendment or the preparation of the amendment; or (ii) referred the amendment or the preparation of the amendment to a committee established under section 151 for advice. S. 231 inserted by No. 6/2025 s. 173. 231 Transitional provisions—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 (1) A request to amend a planning scheme that is made before the commencement of Part 7 of the amending Act is taken, on that commencement, to be a request that was made under section 16A, if— (a) any fee that is prescribed for the making of the request has been paid; and (b) before that commencement, the relevant planning authority has not— (i) agreed to consider an application for a permit under section 96A concurrently with the preparation of a requested amendment; or (ii) made an application under section 8A(2). (2) If, before the commencement of Part 7 of the amending Act, a planning authority has agreed under section 96A(2) to consider an application for a permit concurrently with the preparation of an amendment but has not applied to the Minister for authorisation to prepare the amendment, on that commencement the planning authority is taken to have decided, under section 16B, to apply to the Minister for authorisation to prepare the amendment. (3) An application made under section 8A(2) that has not been authorised or refused before the commencement of Part 7 of the amending Act is taken, on that commencement, to be an application made under section 16F. (4) An application made under section 8B that has not been authorised or refused before the commencement of Part 7 of the amending Act is taken, on that commencement, to be an application made under section 16I. (5) If, before the commencement of Part 7 of the amending Act, the Minister has decided under section 8A(4)(b) that an application for the preparation of an amendment requires further review but has not decided whether or not to authorise the application, on that commencement— (a) the Minister is taken to have decided that the application requires further review under section 16G(1)(b); and (b) section 16H does not apply in respect of the amendment specified in the application. (6) If, before the commencement of Part 7 of the amending Act, an application is referred to the Suburban Rail Loop Minister under section 8A(6A)(a) and the Suburban Rail Loop Minister has not decided whether to give consent to the application under section 8A(6A)(b)— (a) the application is taken to have been referred to the Suburban Rail Loop Minister under section 16G(6)(a); and (b) section 16J applies to the application. (7) If, before the commencement of Part 7 of the amending Act, an application is referred to the Suburban Rail Loop Minister under section 8B(5A)(a) and the Suburban Rail Loop Minister has not decided whether to give consent to the application under section 8B(5A)(b)— (a) the application is taken to have been referred to the Suburban Rail Loop Minister under section 16I(5)(a); and (b) section 16J applies to the application. (8) If, before the commencement of Part 7 of the amending Act, the Minister has authorised an amendment under section 8A and the amendment remains on foot as at that commencement, on that commencement the amendment is taken to have been authorised under section 16G. (9) If, before the commencement of Part 7 of the amending Act, the Minister has authorised the preparation of an amendment under section 8B and the amendment remains on foot as at that commencement, on that commencement the amendment is taken to have been authorised under section 16I. (10) An amendment for which an application is made under section 8A or 8B, as in force immediately before the commencement of Part 7 of the amending Act, is not a low‑impact amendment and cannot be determined to be a low-impact amendment. (11) If, before the commencement of Part 7 of the amending Act, the Suburban Rail Loop Minister decided to give consent under section 8C for the purposes of section 8A(6A)(b) or 8B(5A)(b), on that commencement the Suburban Rail Loop Minister is taken to have given the consent under section 16J for the purposes of section 16G(6)(b) or 16I(5)(b). (12) If, before the commencement of Part 7 of the amending Act, the Minister has authorised the preparation of an amendment under section 9 and the amendment remains on foot as at that commencement, on that commencement the amendment is taken to have been authorised under section 16L. (13) The amendments made by section 136 of the amending Act do not apply in relation to permit applications made before the commencement of that section. (14) Despite the amendment to section 52 by section 137 of the amending Act, section 52 as in force immediately before the commencement of section 137 of the amending Act continues to apply to a notice of an application given under section 52 before that commencement. (15) Despite the amendment to section 57B by section 139 of the amending Act, section 57B as in force immediately before the commencement of section 139 of the amending Act continues to apply to a notice of an amended application given under section 57B before that commencement. (16) Section 68, as amended by section 140 of the amending Act, applies to a permit if— (a) the permit was issued before the day on which section 140 of the amending Act came into operation; and (b) the permit has not expired on or before the day on which section 140 of the amending Act comes into operation. (17) Despite the amendment to section 96C(1) by section 142 of the amending Act, section 96C as in force immediately before the commencement of section 142 of the amending Act continues to apply to a notice given under section 96C before that commencement. (18) The amendments made by Part 9 of the amending Act apply in relation to submissions referred to a directions panel or a panel on or after the commencement of those sections of the amending Act. (19) The amendments made to this Act by Part 10 of the amending Act apply only to proceedings commenced on or after the commencement of that Part. (20) In this section— ***amending Act*** means the **Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025**. Schedules (Heading) inserted by No. 40/2014 s. 37(1). Schedules Sch. amended by Nos 5/1988 s. 9(a)–(c), 53/1988 s. 45(Sch. 3 item 58) (as amended by No. 47/1989 s. 23(2)), 86/1989 s. 29(8), repealed by No. 86/1989 s. 24, new Sch. inserted as Sch. 1 by No. 23/2010 s. 13. Schedule 1––Growth areas infrastructure contribution Part 1––General 1 Definitions In this Schedule, words and expressions have the same meanings as they have in Part 9B. Part 2––Investigation areas 2 Investigation areas For the purposes of Part 9B, the following areas of land are investigation areas— (a) investigation area 1—the area of land in the municipal district of Casey City Council shown as the investigation area on the plan lodged in the Central Plan Office and numbered LEGL./09-311; (b) investigation area 2—the area of land in the municipal district of Hume City Council shown as the investigation area on the plan lodged in the Central Plan Office and numbered LEGL./09-312; Sch. 1 cl. 2(c) amended by No. 21/2013 s. 21. (c) investigation area 3—the area of land in the municipal district of Melton City Council shown as the investigation area on the plan lodged in the Central Plan Office and numbered LEGL./09-313; (d) investigation area 4—the area of land in the municipal district of Mitchell Shire Council shown as the investigation area on the plan lodged in the Central Plan Office and numbered LEGL./09-314; (e) investigation area 5—the area of land in the municipal district of Whittlesea City Council shown as the investigation area on the plan lodged in the Central Plan Office and numbered LEGL./09‑315; (f) investigation area 6—the area of land in the municipal district of Wyndham City Council shown as the investigation area on the plan lodged in the Central Plan Office and numbered LEGL./09-316; Sch. 1 cl. 2(g) amended by No. 21/2013 s. 21. (g) investigation area 7—the area of land in the municipal district of Melton City Council shown as the investigation area on the plan lodged in the Central Plan Office and numbered LEGL./09-317. Part 3––Indexation of threshold amount for excluded building work Section 201RG(2)(b) 3 Indexation of threshold amount for excluded building work Sch. 1 cl. 3(1) amended by Nos 44/2014 s. 33(Sch. item 18(2)), 40/2016 s. 45. (1) The threshold amount that is to apply for the purposes of section 201RG(2)(b) in any financial year subsequent to the 2010/2011 financial year is to be determined in accordance with the following formula— TA is the threshold amount to be determined, rounded down to the nearest 2 decimal places; PTA is the threshold amount determined in accordance with this clause that applied in the previous financial year; (a) the last reference period in the financial year 2 years earlier than the financial year in respect of which the threshold amount is being determined; and (b) each of the reference periods (other than the last) in the financial year immediately preceding the financial year in respect of which the threshold amount is being determined; (a) the last reference period in the financial year 3 years earlier than the financial year in respect of which the threshold amount is being determined; and (b) each of the reference periods (other than the last) in the financial year 2 years earlier than the financial year in respect of which the threshold amount is being determined. Example to Sch. 1 cl. 3(1) repealed by No. 44/2014 s. 33(Sch. item 18(2)), new example to Sch. 1 cl. 3(1) inserted by No. 40/2016 s. 45(b). In the case that the reference periods are the quarterly periods of a financial year, the variables for the determination of the threshold amount for the 2016/2017 financial year are as follows— • "PTA" is the threshold amount that applied in the 2015/2016 financial year; • "A" is the sum of the consumer price index numbers for the June quarter in the 2014/2015 financial year and the September, December and March quarters in the 2015/2016 financial year; • "B" is the sum of the consumer price index numbers for the June quarter in the 2013/2014 financial year and the September, December and March quarters in the 2014/2015 financial year. (2) The threshold amount determined under subclause (1) is to be rounded up or down to the nearest $10 (and, if the amount by which the amount to be rounded is $5, is to be rounded up). Part 4––Maximum adjusted growth areas infrastructure contribution Section 201SG(6)(b) 4 Maximum adjusted growth areas infrastructure contribution Sch. 1 cl. 4(1) amended by Nos 44/2014 s. 33(Sch. item 18(3)), 40/2016 s. 46. (1) The maximum adjusted growth areas infrastructure contribution for the 2011/2012 financial year and each subsequent financial year for type A land, type B-1 land, type B-2 land or type C land is to be determined in accordance with the following formula— C is the maximum adjusted contribution to be determined, rounded down to the nearest 2 decimal places; PC is the amount of the adjusted contribution within the meaning of section 201SG(5) determined in accordance with this clause for that type of land for the previous financial year; (a) the last reference period in the financial year 2 years earlier than the financial year in respect of which the maximum adjusted contribution is being determined; and (b) each of the reference periods (other than the last) in the financial year immediately preceding the financial year in respect of which the maximum adjusted contribution is being determined; (a) the last reference period in the financial year 3 years earlier than the financial year in respect of which the maximum adjusted contribution is being determined; and (b) each of the reference periods (other than the last) in the financial year 2 years earlier than the financial year in respect of which the maximum adjusted contribution is being determined. Example to Sch. 1 cl. 4(1) amended by No. 43/2012 s. 3(Sch. item 39), repealed by No. 44/2014 s. 33(Sch. item 18(3)), new example to Sch. 1 cl. 4(1) inserted by No. 40/2016 s. 46(b). In the case that the reference periods are the quarterly periods of a financial year, the variables for the determination of the maximum adjusted contribution for the 2016/2017 financial year are as follows— • "PC" is the amount of the adjusted contribution for that type of land for the 2015/2016 financial year; • "A" is the sum of the consumer price index numbers for the June quarter in the 2014/2015 financial year and the September, December and March quarters in the 2015/2016 financial year; • "B" is the sum of the consumer price index numbers for the June quarter in the 2013/2014 financial year and the September, December and March quarters in the 2014/2015 financial year. (2) The maximum adjusted growth areas infrastructure contribution for any type of land determined under subclause (1) is to be rounded up or down to the nearest $10 (and, if the amount by which the contribution to be rounded is $5, is to be rounded up). Part 5––Indexation of deferred growth areas infrastructure contribution 5 Adjusted deferred amount of growth areas infrastructure contribution Sch. 1 cl. 5(1) amended by Nos 44/2014 s. 33(Sch. item 18(4)), 40/2016 s. 47. (1) The adjusted deferred amount of growth areas infrastructure contribution for the 2011/2012 financial year and each subsequent financial year is to be determined in accordance with the following formula— ADA is the adjusted deferred amount of the contribution to be determined, rounded down to the nearest 2 decimal places; PDA is the deferred amount or the adjusted deferred amount (as the case may be) of the contribution determined in accordance with this clause for the previous financial year; (a) the last reference period in the financial year 2 years earlier than the financial year in respect of which the adjusted deferred amount is being determined; and (b) each of the reference periods (other than the last) in the financial year immediately preceding the financial year in respect of which the adjusted deferred amount is being determined; (a) the last reference period in the financial year 3 years earlier than the financial year in respect of which the adjusted deferred amount is being determined; and (b) each of the reference periods (other than the last) in the financial year 2 years earlier than the financial year in respect of which the adjusted deferred amount is being determined. Example to Sch. 1 cl. 5(1) repealed by No. 44/2014 s. 33(Sch. item 18(4)), new example to Sch. 1 cl. 5(1) inserted by No. 40/2016 s. 47(b). In the case that the reference periods are the quarterly periods of a financial year, the variables for the determination of the adjusted deferred amount for the 2016/2017 financial year are as follows— • "PDA" is the adjusted deferred amount of the contribution for the 2015/2016 financial year; • "A" is the sum of the consumer price index numbers for the June quarter in the 2014/2015 financial year and the September, December and March quarters in the 2015/2016 financial year; • "B" is the sum of the consumer price index numbers for the June quarter in the 2013/2014 financial year and the September, December and March quarters in the 2014/2015 financial year. (2) The adjusted deferred amount of growth areas infrastructure contribution under subclause (1) is to be rounded up or down to the nearest $10 (and, if the amount by which the contribution to be rounded is $5, is to be rounded up). Sch. 2 inserted by No. 40/2014 s. 37(2). Schedule 2—Metropolitan Melbourne Section 3(1) Banyule City Council Bayside City Council Boroondara City Council Brimbank City Council Cardinia Shire Council Casey City Council Darebin City Council Frankston City Council Glen Eira City Council Greater Dandenong City Council Hobsons Bay City Council Hume City Council Kingston City Council Knox City Council Manningham City Council Maribyrnong City Council Maroondah City Council Melbourne City Council Melton City Council Monash City Council Moonee Valley City Council Moreland City Council Mornington Peninsula Shire Council Nillumbik Shire Council Port Phillip City Council Stonnington City Council Whitehorse City Council Whittlesea City Council Wyndham City Council Yarra City Council Yarra Ranges Shire Council Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 26 February 1987* *Legislative Council: 24 March 1987* The long title for the Bill for this Act was "A Bill to establish a framework for planning the use and development of land in Victoria and for other purposes.". The **Planning and Environment Act 1987** was assented to on 27 May 1987 and came into operation as follows: Part 1, section 204 on 27 May 1987: section 2(1); rest of Act (*except* Schedule items 118, 119) on 16 February 1988: Government Gazette 10 February 1988 page 218. Schedule items 118, 119 were repealed unproclaimed by No. 86/1989. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Planning and Environment Act 1987** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Planning and Environment Act 1987, No. 45/1987** | Assent Date: | 27.5.87 | | Commencement Date: | S. 224(6) on 2.7.18: Special Gazette (No. 305) 26.6.18 p. 1 | | Note: | S. 224(6) provided that s. 224 expired on 1.9.20 | **Loddon–Campaspe Regional Planning Authority Act 1987, No. 59/1987** | Assent Date: | 27.10.87 | | Commencement Date: | S. 14 on 16.2.88: s. 2(2); rest of Act on 15.2.88: Government Gazette 10.2.88 p. 218 | **Liquor Control Act 1987, No. 97/1987** (as amended by No. 70/1988) | Assent Date: | 1.12.87 | | Commencement Date: | S. 176(1)(2) on 3.5.88: Government Gazette 27.4.88 p. 1044; s. 176(3) uncommenced, later repealed by No. 122/1993 | **Planning and Environment (Amendment) Act 1988, No. 5/1988** | Assent Date: | 15.4.88 | | Commencement Date: | Ss 1–3, 5–9, 11 on 16.2.88: s. 2(1); ss 4, 10 on 15.4.88: s. 2(2) | **Subdivision Act 1988, No. 53/1988** (as amended by No. 47/1989) | Assent Date: | 31.5.88 | | Commencement Date: | 30.10.89: Government Gazette 4.10.89 p. 2532 | **Local Government (Consequential Provisions) Act 1989, No. 12/1989** | Assent Date: | 9.5.89 | | Commencement Date: | S. 4(1)(Sch. 2 item 90.1) on 1.11.89: Government Gazette 1.11.89 p. 2798; s. 4(1)(Sch. 2 items 90.2, 90.3) on 1.10.92: Government Gazette 23.9.92 p. 2789 | **Transfer of Land (Computer Register) Act 1989, No. 18/1989** | Assent Date: | 16.5.89 | | Commencement Date: | 3.2.92: Government Gazette 18.12.91 p. 3488 | **Extractive Industries (Amendment) Act 1989, No. 31/1989** | Assent Date: | 6.6.89 | | Commencement Date: | S. 13(4) on 16.2.88: s. 2(4); s. 13(5) on 30.8.89: Government Gazette 30.8.89 p. 2211—See **Interpretation of Legislation Act 1984** | **Transport (Amendment) Act 1989, No. 44/1989** | Assent Date: | 6.6.89 | | Commencement Date: | S. 41(Sch. 2 item 31) on 1.7.89: s. 2(1) | **Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989** | Assent Date: | 14.6.89 | | Commencement Date: | S. 3(Sch. item 153) on 1.9.90: Government Gazette 25.7.90 p. 2217 | **Planning and Environment (Amendment) Act 1989, No. 86/1989** (as amended by No. 48/1991) | Assent Date: | 5.12.89 | | Commencement Date: | S. 24 on 6.12.89: s. 2(1); s. 26(2) on 30.9.92: s. 2(2); s. 29(1)–(4)(6)(10) on 16.2.88: s. 2(3); s. 29(8) immediately before 16.2.88: s. 2(4); s. 29(9) on 3.5.88: s. 2(5); rest of Act on 5.12.89: s. 2(6) | **Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991** | Assent Date: | 25.6.91 | | Commencement Date: | Ss 59–66 on 25.6.91: s. 2(4) | **Administrative Appeals Tribunal (Planning) Act 1991, No. 62/1991** | Assent Date: | 12.11.91 | | Commencement Date: | S. 39 on 29.5.90: s. 2(2); rest of Act on 8.1.92: Government Gazette 8.1.92 p. 2 | **Albury–Wodonga Agreement (Amendment) Act 1991, No. 88/1991** | Assent Date: | 10.12.91 | | Commencement Date: | 17.2.92: Government Gazette 12.2.92 p. 314 | **City of Greater Geelong Act 1993, No. 16/1993** | Assent Date: | 18.5.93 | | Commencement Date: | All of Act (*except* s. 24) on 18.5.93: s. 2(1); s. 24 on 3.12.93: Special Gazette (No. 92) 2.12.93 p. 2 | **Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993** | Assent Date: | 7.12.93 | | Commencement Date: | Ss 4(2), 6, 9 on 1.10.95: s. 2(1); s. 37(2) on 3.12.91: s. 2(2); s. 37(3) on 1.6.93: s. 2(3); rest of Act on 7.12.93: s. 2(4) | **Building Act 1993, No. 126/1993** | Assent Date: | 14.12.93 | | Commencement Date: | S. 264(Sch. 5 items 17.1–17.3) on 1.7.94: Special Gazette (No. 42) 1.7.94 p. 1 | **Planning and Environment (Amendment) Act 1993, No. 128/1993** | Assent Date: | 14.12.93 | | Commencement Date: | 14.12.93 | **Planning Authorities Repeal Act 1994, No. 118/1994** | Assent Date: | 20.12.94 | | Commencement Date: | S. 13 on 1.7.95: Special Gazette (No. 63) 29.6.95 p. 1 | **Coastal Management Act 1995, No. 8/1995** | Assent Date: | 26.4.95 | | Commencement Date: | Ss 43–45 on 26.4.97: s. 2(3) | **Latrobe Regional Commission (Repeal) Act 1995, No. 16/1995** | Assent Date: | 9.5.95 | | Commencement Date: | All of Act (*except* s. 7) on 9.5.95: s. 2(1); s. 7 on 15.8.95: Government Gazette 27.7.95 p. 1880 | **Planning and Environment (Miscellaneous Amendments) Act 1995, No. 35/1995** | Assent Date: | 6.6.95 | | Commencement Date: | All of Act (*except* s. 4) on 6.6.95: s. 2(1); s. 4 on 6.12.95: s. 2(3) | **Planning and Environment (Development Contributions) Act 1995, No. 50/1995** | Assent Date: | 14.6.95 | | Commencement Date: | S. 3 on 30.11.95: Government Gazette 30.11.95<br>p. 3303; s. 4 on 30.5.97: s. 2(3) | **Extractive Industries Development Act 1995, No. 67/1995** | Assent Date: | 17.10.95 | | Commencement Date: | Pt 1 (ss 1–7), s. 60(1)(2) on 17.10.95: s. 2(1); rest of Act on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4 | **Heritage Act 1995, No. 93/1995** | Assent Date: | 5.12.95 | | Commencement Date: | S. 218(1)(Sch. 2 item 7) on 23.5.96: Government Gazette 23.5.96 p. 1248 | **Miscellaneous Acts (Omnibus Amendments) Act 1996, No. 22/1996** | Assent Date: | 2.7.96 | | Commencement Date: | S. 17 on 2.7.96: s. 2(1) | **Planning and Environment (Planning Schemes) Act 1996, No. 77/1996** | Assent Date: | 17.12.96 | | Commencement Date: | 17.12.96: s. 2 | **Alpine Resorts (Management) Act 1997, No. 89/1997** | Assent Date: | 9.12.97 | | Commencement Date: | S. 75 on 30.4.98: Government Gazette 30.4.98 p. 926 | **Planning and Environment (Amendment) Act 1997, No. 103/1997** | Assent Date: | 16.12.97 | | Commencement Date: | 16.12.97: s. 2 | **Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998** | Assent Date: | 26.5.98 | | Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) | **Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998** | Assent Date: | 2.6.98 | | Commencement Date: | Ss 182–192 on 1.7.98: Government Gazette 18.6.98 p. 1512 | **Planning and Environment (Amendment) Act 1998, No. 72/1998** | Assent Date: | 4.11.98 | | Commencement Date: | Ss 3–8 on 3.12.98: Government Gazette 26.11.98 p. 2851 | **Transfer of Land (Single Register) Act 1998, No. 85/1998** | Assent Date: | 17.11.98 | | Commencement Date: | S. 24(Sch. item 45) on 1.1.99: s. 2(3) | **Liquor Control Reform Act 1998, No. 94/1998** | Assent Date: | 24.11.98 | | Commencement Date: | S. 183(Sch. 4 item 3) on 17.2.99: Special Gazette (No. 22) 16.2.99 p. 3 | **Licensing and Tribunal (Amendment) Act 1998, No. 101/1998** | Assent Date: | 1.12.98 | | Commencement Date: | S. 27 on 1.2.99: Government Gazette 24.12.98 p. 3204 | **Planning and Environment (Amendment) Act 2000, No. 28/2000** | Assent Date: | 30.5.00 | | Commencement Date: | Ss 3–11 on 31.5.00: s. 2(1) | **Planning and Environment (Restrictive Covenants) Act 2000, No. 100/2000** | Assent Date: | 12.12.00 | | Commencement Date: | 13.12.00: s. 2 | **Planning and Environment (Metropolitan Green Wedge Protection) Act 2003, No. 43/2003** | Assent Date: | 11.6.03 | | Commencement Date: | 12.6.03: s. 2 | **Planning and Environment (Port of Melbourne) Act 2003, No. 77/2003** | Assent Date: | 21.10.03 | | Commencement Date: | 22.10.03: s. 2 | **Road Management Act 2004, No. 12/2004** | Assent Date: | 11.5.04 | | Commencement Date: | S. 166 on 1.7.04: s. 2(2) | **Mitcham-Frankston Project Act 2004, No. 39/2004** | Assent Date: | 8.6.04 | | Commencement Date: | S. 261 on 1.7.04: Special Gazette (No. 148) 25.6.04 p. 1 | **Sustainable Forests (Timber) Act 2004, No. 48/2004** | Assent Date: | 16.6.04 | | Commencement Date: | S. 137 on 17.6.04: s. 2(1) | **Planning and Environment (General Amendment) Act 2004, No. 81/2004** | Assent Date: | 16.11.04 | | Commencement Date: | 23.5.05: Government Gazette 19.5.05 p. 930 | **Planning and Environment (Development Contributions) Act 2004, No. 101/2004** | Assent Date: | 14.12.04 | | Commencement Date: | 15.12.04: s. 2 | **Public Administration Act 2004, No. 108/2004** | Assent Date: | 21.12.04 | | Commencement Date: | S. 117(1)(Sch. 3 item 155) on 5.4.05: Government Gazette 31.3.05 p. 602 | **Statute Law Revision Act 2005, No. 10/2005** | Assent Date: | 27.4.05 | | Commencement Date: | S. 3(Sch. 1 item 17) on 28.4.05: s. 2 | **Legal Profession (Consequential Amendments) Act 2005, No. 18/2005** | Assent Date: | 24.5.05 | | Commencement Date: | S. 18(Sch. 1 item 81) on 12.12.05: Government Gazette 1.12.05 p. 2781 | **Planning and Environment (Williamstown Shipyard) Act 2005, No. 44/2005** | Assent Date: | 16.8.05 | | Commencement Date: | 17.8.05: s. 2 | **Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006** | Assent Date: | 13.6.06 | | Commencement Date: | S. 94(Sch. item 37) on 1.7.06: Government Gazette 29.6.06 p. 1315 | **Planning and Environment (Growth Areas Authority) Act 2006, No. 33/2006** | Assent Date: | 13.6.06 | | Commencement Date: | Ss 4–9 on 1.9.06: Government Gazette 31.8.06 p. 1816 | **Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006** | Assent Date: | 10.10.06 | | Commencement Date: | S. 26(Sch. item 82) on 11.10.06: s. 2(1) | **Road Legislation (Projects and Road Safety) Act 2006, No. 81/2006** | Assent Date: | 10.10.06 | | Commencement Date: | S. 60 on 11.10.06: s. 2(1) | **Planning and Environment Amendment Act 2007, No. 47/2007** | Assent Date: | 25.9.07 | | Commencement Date: | Ss 3–8, 10–17 on 26.9.07: s. 2(1); s. 9 on 1.9.08: s. 2(3) | **Public Administration Amendment Act 2009, No. 27/2009** | Assent Date: | 17.6.09 | | Commencement Date: | Ss 24(1), 25 on 18.6.09: s. 2(1); s. 24(2) on 30.6.09: s. 2(3) | **Planning Legislation Amendment Act 2009, No. 66/2009** | Assent Date: | 17.11.09 | | Commencement Date: | Ss 3–5 on 18.11.09: s. 2 | **Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010) | Assent Date: | 2.3.10 | | Commencement Date: | Ss 25(5)(Sch. 2 item 10), 203(1)(Sch. 6 item 35) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 | **Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010, No. 23/2010** | Assent Date: | 1.6.10 | | Commencement Date: | Ss 3–5 on 8.6.10: Special Gazette (No. 212) 8.6.10 p. 1; ss 6–13 on 1.7.10: Special Gazette (No. 242) 25.6.10 p. 1 | **Local Government and Planning Legislation Amendment Act 2010, No. 58/2010** | Assent Date: | 14.9.10 | | Commencement Date: | Ss 36–43 on 24.9.10: Government Gazette 23.9.10 p. 2186 | **Statute Law Revision Act 2011, No. 29/2011** | Assent Date: | 21.6.11 | | Commencement Date: | S. 3(Sch. 1 item 70) on 22.6.11: s. 2(1) | **Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011, No. 31/2011** | Assent Date: | 29.6.11 | | Commencement Date: | Ss 4, 5, 7–27 on 30.6.11: s. 2(1); s. 6 on 1.7.10: s. 2(2) | **Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011** | Assent Date: | 15.11.11 | | Commencement Date: | S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 7 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1 | **Planning and Environment Amendment (Schools) Act 2012, No. 2/2012** | Assent Date: | 14.2.12 | | Commencement Date: | 15.2.12: s. 2 | **Duties Amendment (Landholder) Act 2012, No. 38/2012** | Assent Date: | 27.6.12 | | Commencement Date: | Ss 16–25 on 1.7.12: s. 2 | **Statute Law Revision Act 2012, No. 43/2012** | Assent Date: | 27.6.12 | | Commencement Date: | S. 3(Sch. item 39) on 28.6.12: s. 2(1) | **Planning and Environment Amendment (VicSmart Planning Assessment) Act 2012, No. 53/2012** | Assent Date: | 18.9.12 | | Commencement Date: | Ss 3–10 on 20.5.13: s. 2(2) | **Planning and Environment Amendment (General) Act 2013, No. 3/2013** (as amended by No. 34/2013) | Assent Date: | 19.2.13 | | Commencement Date: | Ss 3–6, 8–12, 15, 16, 37, 41, 47, 50, 56–69, 71(1), 72, 74, 75, 77–85 on 22.7.13: Special Gazette (No. 250) 2.7.13 p. 1; ss 14, 17–36, 38–40, 42–46, 48, 49, 51–55, 70, 71(2), 73, 76 on 28.10.13: s. 2(2) | **Traditional Owner Settlement Amendment Act 2013, No. 4/2013** | Assent Date: | 19.2.13 | | Commencement Date: | S. 30 on 8.3.13: Special Gazette (No. 70) 5.3.13 p. 1 | **Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013, No. 21/2013** | Assent Date: | 23.4.13 | | Commencement Date: | Ss 3–22 on 22.7.13: Special Gazette (No. 250) 2.7.13 p. 1 | **Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013** | Assent Date: | 18.6.13 | | Commencement Date: | S. 35(Sch. 2 item 7) on 1.7.13: s. 2 | **Statute Law Revision Act 2013, No. 70/2013** | Assent Date: | 19.11.13 | | Commencement Date: | S. 4(Sch. 2 item 36) on 1.12.13: s. 2(1) | **Legal Profession Uniform Law Application Act 2014, No. 17/2014** | *Assent Date:* | 25.3.14 | | *Commencement Date:* | S. 160(Sch. 2 item 71) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Planning and Environment Act 1987** | **Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014** | Assent Date: | 3.6.14 | | Commencement Date: | S. 10(Sch. item 124) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 | **Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014, No. 40/2014** | *Assent Date:* | 17.6.14 | | *Commencement Date:* | Ss 30–37 on 1.7.15: s. 2(4) | | *Current State:* | This information relates only to the provision/s amending the **Planning and Environment Act 1987** | **Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014** | Assent Date: | 27.6.14 | | Commencement Date: | S. 33(Sch. item 18) on 30.6.14: s. 2(5) | **Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014** | Assent Date: | 9.9.14 | | Commencement Date: | Ss 53, 54 on 10.9.14: s. 2(1) | **Planning and Environment Amendment (Recognising Objectors) Act 2015, No. 30/2015** | *Assent Date:* | 11.8.15 | | *Commencement Date:* | Ss 3–5 on 12.10.15: Special Gazette (No. 294) 6.10.15 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Planning and Environment Act 1987** | **Planning and Environment Amendment (Infrastructure Contributions) Act 2015, No. 35/2015** | Assent Date: | 1.9.15 | | Commencement Date: | Ss 3–15 on 1.6.16: s. 2(2) | **State Taxation and Other Acts Amendment Act 2016, No. 40/2016** | Assent Date: | 28.6.16 | | Commencement Date: | Ss 45–47 on 30.6.14: s. 2(2); s. 44 on 1.7.15: s. 2(4); s. 48 on 29.6.16: s. 2(1) | **State Taxation Acts Further Amendment Act 2016, No. 66/2016** | *Assent Date:* | 15.11.16 | | *Commencement Date:* | Ss 8–25 on 16.11.16: s. 2(1) | | *Current State:* | This information relates only to the provision/s amending the **Planning and Environment Act 1987** | **Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017** | Assent Date: | 14.2.17 | | Commencement Date: | S. 50(Sch. 1 item 4) on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1 | **Heritage Act 2017, No. 7/2017** | *Assent Date:* | 15.3.17 | | *Commencement Date:* | S. 305 on 1.11.17: s. 2(2) | | *Current State:* | This information relates only to the provision/s amending the **Planning and Environment Act 1987** | **Victorian Planning Authority Act 2017, No. 11/2017** | Assent Date: | 27.3.17 | | Commencement Date: | Ss 55–97 on 1.7.17: Special Gazette (No. 150) 16.5.17 p. 1 | **State Taxation Acts Amendment Act 2017, No. 28/2017** | Assent Date: | 27.6.17 | | Commencement Date: | S. 79 on 28.6.17: s. 2(2) | **Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Act 2017, No. 47/2017** | Assent Date: | 26.9.17 | | Commencement Date: | Ss 7–9 on 15.11.17: Special Gazette (No. 388) 15.11.17 p. 1; ss 3–6 on 1.6.18: s. 2(3) | **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017** | *Assent Date:* | 26.9.17 | | *Commencement Date:* | Ss 61, 62 on 1.12.17: s. 2(3); s. 63 on 24.2.22: s. 2(2) | | *Current State:* | This information relates only to the provision/s amending the **Planning and Environment Act 1987** | **Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017** | *Assent Date:* | 24.10.17 | | *Commencement Date:* | S. 88 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Planning and Environment Act 1987** | **Planning and Environment Amendment (Public Land Contributions) Act 2018, No. 7/2018** | *Assent Date:* | 27.2.18 | | *Commencement Date:* | Ss 4–15, 23–25 on 2.7.18: Special Gazette (No. 305) 26.6.18 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Planning and Environment Act 1987** | **Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018** | Assent Date: | 29.5.18 | | Commencement Date: | Ss 3–5 on 30.5.18: s. 2 | **Marine and Coastal Act 2018, No. 26/2018** | Assent Date: | 26.6.18 | | Commencement Date: | S. 96 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1 | **Environment Protection Amendment Act 2018, No. 39/2018** (as amended by No. 11/2020) | *Assent Date:* | 28.8.18 | | *Commencement Date:* | S. 49 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Planning and Environment Act 1987** | **Transport Legislation Amendment Act 2019, No. 49/2019** | Assent Date: | 3.12.19 | | Commencement Date: | S. 186(Sch. 4 item 33) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 | **Local Government Act 2020, No. 9/2020** | Assent Date: | 24.3.20 | | Commencement Date: | S. 390(Sch. 1 items 77.2–77.4, 77.7–77.9) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 77.1, 77.5, 77.6) on 24.10.20: s. 2(3)(f) | **COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020** | Assent Date: | 24.4.20 | | Commencement Date: | S. 58 on 25.4.20: s. 2 | **Great Ocean Road and Environs Protection Act 2020, No. 19/2020** | Assent Date: | 23.6.20 | | Commencement Date: | Ss 74−76 on 1.12.20: s. 2(2) | | Current State: | This information relates only to the provisions amending the **Planning and Environment Act 1987** | **COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020** | Assent Date: | 20.10.20 | | Commencement Date: | S. 40 on 21.10.20: s. 2 | **Project Development and Construction Management Amendment Act 2020, No. 30/2020** | Assent Date: | 27.10.20 | | Commencement Date: | Ss 26, 27 on 22.12.20: Special Gazette (No. 685) 22.12.20 p. 1 | **Planning and Environment Amendment Act 2021, No. 12/2021** | Assent Date: | 23.3.21 | | Commencement Date: | Ss 13–59, 62–73 on 24.3.21: s. 2(1); ss 3–6, 8–12 on 7.7.21: Special Gazette (No. 372) 6.7.21 p. 1 | **Suburban Rail Loop Act 2021, No. 43/2021** | Assent Date: | 19.10.21 | | Commencement Date: | Ss 116–131 on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1 | **Water and Catchment Legislation Amendment Act 2021, No. 48/2021** | Assent Date: | 3.11.21 | | Commencement Date: | S. 147 on 1.1.22: Special Gazette (No. 717) 14.12.21 p. 1 | **Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021** | Assent Date: | 7.12.21 | | Commencement Date: | S. 32 on 8.12.21: s. 2(1) | **Building and Planning Legislation Amendment Act 2023, No. 1/2023** | Assent Date: | 28.2.23 | | Commencement Date: | Ss 35–39 on 1.3.23: s. 2 | **State Taxation Acts Amendment Act 2023, No. 18/2023** | Assent Date: | 27.6.23 | | Commencement Date: | Ss 84–104 on 28.6.23: s. 2(3) | **Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024, No. 9/2024** | Assent Date: | 26.3.24 | | Commencement Date: | Ss 15–19 on 26.3.25: s. 2(3) | **State Taxation Amendment Act 2024, No. 22/2024** | Assent Date: | 4.6.24 | | Commencement Date: | Ss 18–21 on 5.6.24: s. 2(2) | **Transport Infrastructure and Planning Legislation Amendment Act 2024, No. 48/2024** | Assent Date: | 26.11.24 | | Commencement Date: | Ss 45–47 on 1.7.25: Special Gazette (No. 308) 17.6.25 p. 1 | **Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, No. 6/2025[[27]](#endnote-28)** | Assent Date: | 18.3.25 | | Commencement Date: | Ss 150–164, 173 on 15.10.25: Special Gazette (No. 557) 14.10.25 p. 1; ss 118–133, 135–149, 170–172 on 25.11.25: s. 2(2) | **Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025** | Assent Date: | 5.8.25 | | Commencement Date: | S. 106(Sch. 1 item 32) on 6.8.25: s. 2(1) | **Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025, No. 43/2025** | *Assent Date:* | 13.11.25 | | *Commencement Date:* | Ss 77, 78 on 14.11.25: s. 2(1) | | *Current State:* | This information relates only to the provision/s amending the **Planning and Environment Act 1987** | **State Taxation Further Amendment Act 2025, No. 48/2025** | Assent Date: | 25.11.25 | | Commencement Date: | S. 72 on 26.11.25: s. 2(2) | **Planning Amendment (Better Decisions Made Faster) Act 2026, No. 3/2026** | Assent Date: | 17.2.26 | | Commencement Date: | S. 11(2)(3) on 18.2.26: s. 2(1) | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details 1. S. 3(1) def. of ***Victoria Planning Provisions***: Part 3 (ss 16A–27) of the **Planning and Environment (Planning Schemes) Act 1996**, No. 77/1996 reads as follows: Part 3—Transitional S. 16A inserted by No. 77/2003 s. 8. 16A Definition of Port of Melbourne Area In this Part ***Port of Melbourne Area*** has the same meaning as it has in the **Planning and Environment Act 1987**. 17 Existing Act to continue to apply to existing schemes Despite the amendment of the Principal Act by this Act, the Principal Act as in force immediately before the commencement of this Act continues to apply in relation to— (a) any planning scheme existing immediately before that commencement; and (b) any amendment to a planning scheme of which notice was given under section 19 of the Principal Act but which had not been approved before that commencement; and (c) any amendment to a planning scheme referred to in paragraph (a) prepared on or after that commencement. 18 Municipal councils to prepare new schemes (1) As soon as practicable after the commencement of this Act, each municipal council must prepare a planning scheme for its municipal district and for any area adjoining its municipal district for which it is a planning authority. (2) Subject to this Part, the Principal Act as amended by this Act and the regulations under the Principal Act apply to the preparation of a planning scheme under this section as if it were an amendment to a planning scheme and the municipal council were the planning authority. (3) Sections 96A to 96D do not apply in respect of a planning scheme prepared under this section. S. 18(4) inserted by No. 77/2003 s. 9. (4) This section does not apply to any part of a municipal district that is within the Port of Melbourne Area. 19 Municipal councils to prepare municipal strategic statements (1) The municipal council must prepare a municipal strategic statement for inclusion in the planning scheme prepared under section 18 on or before the date specified by the Minister in respect of that planning scheme. (2) If a municipal council has not prepared a municipal strategic statement for inclusion in a planning scheme on or before the date specified by the Minister under subsection (1), the Minister may prepare a municipal strategic statement for inclusion in that planning scheme. (3) Section 12A of the Principal Act as amended by this Act applies to the preparation of a municipal strategic statement under this section. 20 Submission of planning scheme for approval (1) The municipal council must submit a planning scheme prepared under section 18 to the Minister for approval under section 31 of the Principal Act on or before the date specified by the Minister in respect of that planning scheme. (2) If the municipal council does not submit a planning scheme by the date specified by the Minister, the Minister may prepare and approve a planning scheme for that municipal district. (3) The Principal Act (except sections 12(1)(a) and (e), 12(2), 12(3), Divisions 1 and 2 of Part 3 and section 39 and any regulations made for the purpose of those provisions) applies to the preparation and approval of a planning scheme by the Minister under subsection (2). (4) A planning scheme approved under this section is deemed to be approved under the Principal Act. (5) The municipal council must pay to the Crown the costs determined by the Governor in Council to be incurred by the Minister in preparing a planning scheme under this section for the council's municipal district. 21 Minister may prepare planning scheme (1) The Minister may prepare and approve a planning scheme under this Part for any part of Victoria outside a municipal district. S. 21(1A) inserted by No. 77/2003 s. 10. (1A) The Minister may prepare and approve a planning scheme under this Part for the Port of Melbourne Area. (2) Subject to this Part, the Principal Act as amended by this Act and the regulations under the Principal Act apply to the preparation of a planning scheme under this section as if it were an amendment to a planning scheme and the Minister were the planning authority. (3) Sections 96A to 96D do not apply in respect of a planning scheme prepared under this section. 22 Validity of schemes (1) A planning scheme prepared under this Part and approved or purporting to have been approved is deemed to have been duly approved in accordance with all of the requirements of this Part and the Principal Act and to be valid and effective in all respects. (2) A planning scheme referred to in subsection (1) must not be called into question in any proceeding in any court or tribunal or in any proceeding by way of review under the Principal Act or this Part. (3) Nothing in this section applies to an amendment to a planning scheme referred to in subsection (1). 23 Issue of permits with schemes (a) a municipal council prepares a planning scheme under this Part for an area; and (b) the municipal council determines under section 96G(1)(c) of the Principal Act to recommend to the Minister that a permit be granted under Division 5 of Part 4 of the Principal Act— the municipal council must give the owner and the occupier of land to which the proposed permit would apply at least 30 days notice of its intention to recommend to the Minister that a permit be granted under that Division in respect of the land. (2) The notice must be accompanied by a copy of the proposed permit. (3) The Principal Act applies in relation to a planning scheme prepared under this Part as if— (a) in section 96E(1)(a) the words "as amended by the proposed amendment" were **omitted**; and (b) for section 96G(1)(c) there were **substituted**— "(c) the planning authority considers it appropriate that a permit be granted under this Division for any purpose for which the planning scheme would require a permit to be obtained.". (4) Section 96I of the Principal Act applies in relation to a planning scheme prepared under this Part as if that section permitted the Minister— (a) to grant a permit subject to any conditions the Minister thinks fit, if the Minister considers that it is appropriate that a permit be granted under that section for any purpose for which the planning scheme would require the permit to be obtained; and (b) to grant any permit under that section within 3 months after the date of approval of the planning scheme. S. 23(5) inserted by No. 72/1998 s. 10. (5) If, in relation to a planning scheme prepared under this Part, the Minister grants a permit under section 96I of the Principal Act for the use of land or the development and use of land for an extractive industry, the permit may specify that the permit expires if the use is discontinued for a period (being not less than 2 years) specified in the permit. S. 23(6) inserted by No. 72/1998 s. 10. (6) If a permit specifies a period for expiry in accordance with subsection (5)— (a) the permit expires if the use is discontinued for the period specified in the permit; and (b) sections 68(2)(b) and 68(3)(d) of the Principal Act do not apply to that permit. 24 Effect of new scheme (1) On the commencement of a new planning scheme prepared under this Part in respect of an area, any planning scheme in force in that area immediately before that commencement is revoked. (2) All acts matters or things of a continuing nature made, done or commenced under or in relation to a revoked scheme that could have been made, done or commenced under or in relation to the new planning scheme are to be taken, so far as relates to any period after the commencement of the new planning scheme, to have been made, done or commenced in relation to the new planning scheme. (3) On and from the commencement of the new planning scheme— (a) all proceedings commenced by or against a responsible authority under or in relation to the revoked scheme may be continued by or against the responsible authority for the new planning scheme; and (b) any arrangement, contract or agreement entered into by or on behalf of a responsible authority in relation to the revoked scheme that could be entered into under the Principal Act in relation to the new planning scheme may be enforced by or against the responsible authority for the new planning scheme; and (c) all rights and liabilities existing under or in relation to the revoked scheme immediately before the commencement of the new planning scheme continue under or in relation to the new planning scheme, to the extent that the new planning scheme has provisions to the like effect as provisions of the revoked scheme, and may be enforced by or against— (i) the Minister, if they were rights and liabilities of or enforceable against the Minister immediately before that commencement; or (ii) the responsible authority for the new planning scheme, if they were rights and liabilities of or enforceable against the responsible authority under or in relation to the revoked scheme immediately before that commencement. 25 Applications for permits (1) Any application for a permit in respect of land which was made under the Principal Act but which had not been decided before the commencement of a new planning scheme prepared under this Part and applying to that land must be decided in accordance with the provisions of the new planning scheme as in force at the date of the decision. (2) Subject to subsection (3), Part 4 of the Principal Act as amended by this Act applies to an application referred to in subsection (1) as if a reference in that Part to a planning scheme were a reference to the new planning scheme. (3) If notice had been given of an application under section 52 of the Principal Act before the commencement of the new planning scheme— (a) any exemption in the new planning scheme from the giving of that notice does not apply; and (b) any additional requirements for notice in the new planning scheme do not apply. 26 Appeals (1) If before the commencement of a new planning scheme prepared under this Part— (a) the responsible authority had decided an application for a permit under the Principal Act in respect of land to which the new planning scheme applies; and (b) an appeal against the decision had not been lodged before that commencement and the time for lodging had not expired; and (c) an appeal is made to the Administrative Appeals Tribunal against that decision after that commencement— the new planning scheme as in force at the date of the determination by the Tribunal applies to the hearing and determination of the appeal. (2) If before the commencement of a new planning scheme prepared under this Part— (a) the responsible authority had decided an application for a permit under the Principal Act in respect of land to which the new planning scheme applies; and (b) an appeal had been lodged but not determined before that commencement— the new planning scheme as in force at the date of the determination by the Tribunal applies to the hearing and determination of the appeal. (3) If on an appeal referred to in this section, the Tribunal determines that a permit should be granted, the new planning scheme as in force for the time being applies to the grant of the permit and anything done under or in relation to the permit. S. 27 amended by No. 77/2003 s. 11 (ILA s. 39B(1)). 27 Supreme Court—limitation of jurisdiction (1) It is the intention of section 22(2) to alter or vary section 85 of the **Constitution Act 1975**. S. 27(2) inserted by No. 77/2003 s. 11. (2) Without limiting subsection (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 alter or vary section 85 of the **Constitution Act 1975**. [↑](#endnote-ref-2) 2. Pt 1A (ss 4A–4J): See note 1. [↑](#endnote-ref-3) 3. S. 6(1)(aa): See note 1. [↑](#endnote-ref-4) 4. S. 6(2)(d): See note 1. [↑](#endnote-ref-5) 5. S. 7: See note 1. [↑](#endnote-ref-6) 6. S. 12(2)(aa): See note 1. [↑](#endnote-ref-7) 7. S. 12(2)(ab): See note 1. [↑](#endnote-ref-8) 8. S. 12(2)(b): Section 32(8) of the **Planning and Environment (Amendment) Act 1989**, No. 86/1989 reads as follows: (8) The amendment made to the Principal Act by section 25(d) applies only to an amendment of a planning scheme prepared on or after the date of commencement of this section. [↑](#endnote-ref-9) 9. S. 12A: See note 1. [↑](#endnote-ref-10) 10. S. 19(3): Section 32(3) of the **Planning and Environment (Amendment) Act 1989**, No. 86/1989 reads as follows: (3) The amendment made to the Principal Act by section 25(e) of this Act applies whether any notice required by section 19 of the Principal Act is given before on or after the date of commencement of this section. [↑](#endnote-ref-11) 11. S. 21: Section 32(4) of the **Planning and Environment (Amendment) Act 1989**, No. 86/1989 reads as follows: (4) The amendment made to the Principal Act by section 25(f) of this Act applies only where a condition requiring notice is imposed under the Principal Act on or after the date of commencement of this section. [↑](#endnote-ref-12) 12. S. 21: See note 1. [↑](#endnote-ref-13) 13. S. 21A: Section 32(5) of the **Planning and Environment (Amendment) Act 1989**, No. 86/1989 reads as follows: (5) The amendments made to the Principal Act by section 8 of this Act apply to— (a) a submission received on or after the date of commencement of this section; and (b) a submission received before that date of commencement if at that date of commencement— (i) the submission has not been referred to a panel; and (ii) no notice under the Principal Act has been given to the makers of the submission. [↑](#endnote-ref-14) 14. S. 22: See note 1. [↑](#endnote-ref-15) 15. S. 23: Section 32(6) of the **Planning and Environment (Amendment) Act 1989**, No. 86/1989 reads as follows: (6) The amendment made to the Principal Act by section 25(h) of this Act applies to a submission whether received before on or after the date of commencement of this section. [↑](#endnote-ref-16) 16. S. 23: See note 1. [↑](#endnote-ref-17) 17. S. 25: See note 1. [↑](#endnote-ref-18) 18. S. 25A: See note 1. [↑](#endnote-ref-19) 19. S. 52(1A): Section 33(1) of the **Planning and Environment (Amendment) Act 1989**, No. 86/1989 reads as follows: 33 Transitional provisions: Application for permits (1) The amendment made to the Principal Act by section 13 of this Act applies only to an application for a permit received on or after the date of commencement of this section. [↑](#endnote-ref-20) 20. S. 52(1B): See note 19. [↑](#endnote-ref-21) 21. S. 52(1C): See note 19. [↑](#endnote-ref-22) 22. Pt 4 Div. 5 (ss 96A–96N): See note 1. [↑](#endnote-ref-23) 23. S. 97 (*repealed*): Section 29(6) of the **Planning and Environment (Amendment) Act 1989**, No. 86/1989 reads as follows: 29 Statute law revision (6) On and from 16 February 1988 until the coming into operation of section 43 of the **Extractive Industries Act 1966**, section 97(2)(a) of the Principal Act has effect and must be taken always to have had effect as if it referred to the Extractive Industries Advisory Committee instead of to the Extractive Industries Board. [↑](#endnote-ref-24) 24. S. 161(2): See note 1. [↑](#endnote-ref-25) 25. Pt 9 Div. 2: Section 31(3) of the **Planning and Environment (Amendment) Act 1989**, No. 86/1989 reads as follows: 31 Transitional provisions: Crown land owners and occupiers (3) Division 2 of Part 9 of the Principal Act continues to apply to an agreement entered into between a responsible authority and the occupier of Crown land before the date of commencement of this section, as if section 4 of this Act had not been enacted. [↑](#endnote-ref-26) 26. S. 201D: See note 1. [↑](#endnote-ref-27) 27. Table of Amendments (**Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025**): The amendment proposed by section 161(3) of the **Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025**, No. 6/2025 is not included in this publication as the words "hear evidence any submissions" do not appear in section 161(4). Section 161(3) reads as follows: **161 Section 161 amended** (3) In section 161(4) of the **Planning and Environment Act 1987**, for "hear evidence any submissions" **substitute** "consider evidence and further submissions". [↑](#endnote-ref-28)